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HomeMy WebLinkAbout14-08-13 Approved Meeting Minutes V NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES City Council Chambers Wednesday, August 13, 2014 7:00 PM 1) CALL MEETING TO ORDER The meeting was called to order at 7:00 PM. 2) ROLL CALL Commissioners: Brad Avery, Chair David Girling, Vice Chair Paul Blank Joe Stapleton Doug West-Absent Bill Kenney Duncan McIntosh Staff Members: Chris Miller, Harbor Resources Manager Shannon Levin, Harbor Resources Supervisor-Absent Leilani Brown, City Clerk Kelsey Kenz, Public Works Administrative Assistant Council Liaison: Council Member Nancy Gardner 3) PLEDGE OF ALLEGIANCE-Commissioner Paul Blank 4) PUBLIC COMMENTS Chair Avery opened public comments. Seeing none, Chair Avery closed public comments. 5) APPROVAL OF MINUTES-July 21, 2014 Minutes Commissioner Kenney requested two (2) corrections to the minutes, the first Item Five (5) on page six (6), "Comment on privately owned equipment', was posed as a question not a comment, and directly below the comment"is not cost prohibitive" should read "is cost prohibitive'. Page three (3), 5`" paragraph from the bottom: Correct the statement saying that Commissioner West noted that he did not see a reason to revoke the permit. Commissioner Blank made that statement. Motion: It was moved by Commissioner Blank, and seconded by Commissioner Stapleton to approve the minutes of the Harbor Commission Regular meeting of July 21, 2014 as amended. Motion carried (6-0) 6) CURRENT BUSINESS 1. Balboa Marina West- Update on Balboa Marina West and Public Pier-Project The Commission will be updated on the status of the joint City and The Irvine Company (TIC) Balboa Marina West and Public Pier project. Recommendation: 1 i 1. The Harbor Commission will recommend that the Harbor Resources Manager issue the Approval in Concept for the project. Chris Miller, Harbor Resources Manager introduced the Balboa Marina West and Public Pier item. He reported the City and TIC are joint applicants in the Public Pier project. The project has been in the works for many years, and is an effort to address the problem of improving access to the Harbor by adding a public dock, and adding additional slips to the existing marina. i Chris Miller introduced Dan Miller with TIC who will be giving a presentation on the project. i Before the presentation, Manager Miller noted a correction to the recommendation portion of the Item. The recommendation is to be changed to "Receive and File", with the Commissions input noted for the record. i Dan Miller presented a PPT which noted the history of the Balboa Marina. He reported that the area is located adjacent to Linda Isle, was originally constructed in 1964, and had 132 slips before the initial construction. The first phase was started in 2005, it was almost 43 years old and in need of renovation. A point of concern was with the relocation of The Nautical Museum which at the time was housed in the Ruben E. Lee restaurant. In 2007 the Harbor Commission approved the Phase I project, and it was later approved by the Coastal Commission. Dan Miller noted that Phase I went from 132 slips to 105 slips due to ADA requirements, eelgrass mitigation and new slip standards. The other issue of focus was locating an area to accommodate transient public slips. In an effort to accommodate the public, the four slips were originally located close to the restaurants. Unfortunately, the clientele using the slips were noisy, accessing the private marina slips, and upsetting the nearby residents. The public slips were then relocated to the central part of the marina in an effort to keep the public slips segregated from the marina's private slips by controlling the hours and access via gates. He noted it was an expensive change, and while it was better, it was still not ideal. Mr. Dan Miller explained that in review of the expansion of Phase 2, TIC worked with the City to find ways to include more public slips away from the Linda Isle private slips. In addition, the walkway that was formerly close to the bulkhead has been relocated away from the waterfront and still maintains access to the restaurants. Mr. Dan Miller, continued his report noting that this is a joint program to add twenty-four (24) new slips, ten (10) slips for 20' boats, fourteen (14) slips for 35' boats and larger, and twelve (12) public slips which triples the amount of public slips. TIC will construct the public slips, and will then turn it over to the City to run. Mr. Dan Miller pointed out the area on land is defined as marine commercial, and is not part of this application. But, he wanted to show the potential future use of the corner. He noted other issues including approximately 12,000 cubic yards of dredging, the permitting process, and a potential eelgrass relocation site. In phase I, 400 square feet of eelgrass was replaced, and is doing well. TIC previously believed that they would be given credit in this project for the successful relocation and proliferation of the Phase I mitigation, but that is not the case. TIC will work with the resource agencies to address this issue before going before the Coastal Commission. Mr. Dan Miller noted his team is present, and will answer any questions. Chris Miller, Harbor Resources Manager, reported he is pleased with the design, and noted that it is a vast improvement from the few public slips before, and from an operational standpoint, it is much more public friendly. Moving the public dock away from the residents is a very good thing, and it provides eight (8) or nine (9) more slips to accommodate the average, 20' electric boat. He 2 also reported there are no side ties on the north side because the public pier is nearly on the property line, noting it represents the best layout, and will not allow boats to side tie on the northern most section. He stated there is a large basin between the purple and orange floats (on the exhibit). Additional slips cannot be added in this area due to back-down rules for vessel's ingress/egress from their slips, and the need to provide adequate channel access to get to the smaller boat slips inside the lagoon area. Manager Miller commented that a lot of effort has gone into design over many years and noted how the Harbor Commission had a sub-committee involved years ago. He added that Council Member Gardner was involved in the beginning stages, and they are excited about the project. Commissioner McIntosh inquired if the existing bulkhead is located in the heavily shaded area on the visual diagram or in the main channel. Randy Mason with URS Corps, noted that the existing bulkhead is located near the access to the former river boat. Dan Miller reported that a community meeting was held at Linda Isle, and the concerns of that community have been well involved. He reported that CEQA documents will go before the Planning commission on October 2ntl, and after that, the Coastal Commission. If they get a user for the marine commercial area, they will take both projects,jointly, to the Planning Commission. Chair Avery inquired that originally the Balboa Marina had 134 slips, and went down to 109, and inquired as to what is the current total. Mr. Miller responded there were 132 slips, it went down to 105, and with 24 they are back up to 129. Commissioner Kenney inquired as to what the overall project schedule would be for construction, completion and Coastal Commission approval. Mr. Miller responded he estimated end of 2015, or early 2016. Commissioner Kenney noted he has been promoting the dredging to the property owners, he advised them to plan ahead for it, get their permitting, and piggyback on the dredging at the same time. Dan Miller responded that would be something he would work closely with the City on. Commissioner Kenney noted that was done with the Lower Bay project — there was coordination with permitting so the contractor was able dredge both the residential properties and the channels at the same time. It was noted in the visual on the big side tie there is an 80' vessel shown on the example. It was asked why that sized vessel is shown? Randy Mason with URS Corps, responded it was a large multi-use dock, and they are showing an 80' vessel because of the bow and stern tie-off. The total length of the float is 110'. It is a multiuse dock, and can accommodate up to an 80'-85' vessel. Commissioner Blank inquired whether the engineering at the dock would be able to accommodate a 120' boat and overhang at each end. Randy Mason, noted the overhang would extend out over the Pierhead Line, but could fit into the 110' float. He noted that in the design, Chris Miller did not want the boats sticking outside the Pierhead Line, so they backed in the dock. Chair Avery asked to have the blue lines on the visual plan identified. Chris Miller, Harbor Resources Manager, noted the blue lines identified the Bulkhead Line in the harbor, and the yellow line the Pierhead line which is the limit line where piers can be built. Council has a policy (1-11) that dictates an exception to the rule which describes certain pockets in the harbor where you can extend beyond that line. The red line denotes the Federal Project Line where the Army Corps of Engineers is responsible for maintaining and dredging. Commissioner Blank inquired whether boats would be allowed to tie up along the northern edge of the purple float, and if permission can be obtained from the property owners during the entitlement process. Chris Miller responded that The Irvine Company has been talking with neighbors on other land issues, and that this is a point that can be brought up. Dan Miller noted the Back Bay Landing project is a landside project, and they have not finalized the waterside component. They have discussed a potential land swap, the waterside plan, and allowing access to the public dock along their water space. TIC is open to continuing discussions with them, but they are not sure how any of those issues will be resolved. 3 Chris Miller noted how the dock will be public, and how it would be maintained by the City, and that the City would set the time zones, and that he anticipates the times would be very similar to the other City public docks. It will be separate from the Irvine Company, and there would not be a pump out facility at this dock. Chair Avery opened the public comment. Jim Mosher, inquired what the striped polygons are above and below the public pier in the PPT, and echoed Commissioner Blank's comment about the north side of the public dock. He inquired if the dock could be moved down by a boat width, and flipped upside down to allow the backing in and out in front of the landing. He also inquired regarding the 24 new slips, and what the saw tooth symbols on the diagram represent. Dan Miller responded the saw tooth symbols represent the smaller slips for electric twenty 20' boats, and the design allows easy access in a narrow channel. The "no docking" on the north side has been addressed, and Manager Miller stated you never want to rely on someone's property for access to the docks. It is best to stay within your own property line. He also noted the polygon symbol is the dredging footprint. Chair Avery closed public comment, and opened it back up to the Commission. Chair Avery noted that they all like the design, and commented that it would be a welcome addition to the harbor. Commissioner McIntosh inquired if the pink dock on the drawing was intended to be part of the marine commercial's dock. Dan Miller responded marine commercial allows anything related to waterside activities, yacht brokers, restaurants and anything that serves the water activities. Commissioner Stapleton commented he liked the idea of a recreational Harbor, getting vehicles off the roads, having 20 public slips for the public to access, and stated the marine commercial is a good idea. Hearing no other comments, Chair Avery closed Commission comments. Motion: It was moved by Commissioner Kenney, and seconded by Commissioner McIntosh to receive and file the Update on the Balboa Marina West and Public Pier Project. Motion carried unanimously (6-0). 2. Water Propelled Vessels Ad Hoc Committee Update Commissioner Stapleton will provide an update on the Water Propelled Vessels Ad Hoc Committee's progress, and solicit input from the public and the Harbor Commission. Recommendation: 1. Receive and file. Commissioner Stapleton reported that the sub-committee met on Monday. It included himself, Commissioner Kenney, Shannon Levin, Chris Miller, Dean O'Malley with Jetpak America, five residents, and Harbor Patrol Deputy Sean Scoles. It was decided on June 24th at the City Council meeting to adopt an urgency ordinance establishing a temporary prohibition on marine activity permits issued to businesses engaged in the operation of vessels propelled by water above the surface of Newport Harbor. Commissioner Stapleton noted that the first concern is location - the jet packs are in a concentrated area creating noise and resident concerns. The committee reviewed the idea of a tour model, open areas in the harbor, safety, and setting permits and/or minimum safety standards. He thanked Dean from Jetpak America for his assistance. 4 Commissioner Stapleton reported that the biggest discussion was with sound concerns and noted that Dean O'Malley did find a way to mitigate the sound problem utilizing foam insulation. A sound study was considered, various types of water propelled vessels were reviewed, and equipment cost reductions focusing on the impact on promoting private use of this type equipment were considered. Commissioner Kenney agreed that private users may create a whole different issue, and the City does not want to monitor the operators. Questions discussed were whether the permits can be limited, hours of operation, large wakes, distances from docks, pollution, other vessels competing for space, radio transmissions on channel 16, goals in respect to issuing permits, and does the code allow vessel restrictions? Commissioner Stapleton noted there are three (3) more public meetings scheduled: the Ad Hoc Committee is scheduled for August 20th, then will go to the Harbor Commission by October 8th for a vote, then for a first reading with the City Council by October 28th and a second reading by November 11th. Commissioner Stapleton reported case studies from other harbors will be looked at, and most important is quality of life for the residents, and the safety of the boaters. Chair Avery commented on what the municipal code is regarding noise, and what do restaurants have to adhere to, given their close proximity to residences. Commissioner McIntosh commented on the eighty-five (85) percent number of first time riders, and the fifteen (15) percent number of repeat customers. Considering the cost, it may limit the number of private people that would buy the equipment. He noted the sound from the third floor of the home was not discernible. He noted he would like to see what the insulation will do for the noise levels. A Commissioner commented regarding the cost of the unit, and the considerations for the future. Council Member Gardner voiced a concern regarding long term pollution issues for the Harbor and hopefully encouraging manufacturers to work on establishing cleaner products. Vice Chair Girling inquired about the charge is per rider. Chris Miller responded that a twenty minute ride is $280 dollars, the noise concern comes in when the riders go up three stories, and most riders do not achieve this level. A Commissioner commented water propelled vessels increases the level of the intensity of the harbor. He noted a drone in the harbor, and the voiced concern of the impacts of technology on the harbor. He also noted the City does not have code enforcement in the Harbor, and the Harbor Patrol has limited resources, and are focused on more serious issues. Commissioner Stapleton discussed consideration of less intense locations, and noted that unfortunately, most locations are close to residents or have a lot of traffic. Commissioner McIntosh discussed drones, and the developments in this area. Maybe with regard to Mission Bay, that may be a good model for consideration of the use of this type of device. Commissioner Girling added that there are similar noise concerns with restaurants and a parallel standard should be applied. Chair Avery opened the item to public comments. s i George Farah, resident, spoke regarding the Commissioners' visit to his home to observe the noise levels. He noted two (2) days in particular, there was not the normal activity that takes place in the area. Many riders on that date were beginners. He noted the activity is out of control, and he has personally spent money on sound control. He commented the noise cannot be controlled, and he is almost at the point of moving. He disagrees with the concept of bringing tourists to Newport. He noted that in Mission Bay example there are no residences. He recommended viewing the activity on a typical day, as the droning is louder on acceleration. He would like to reach a solution to the noise problem. Chair Avery responded the Commission is working toward a solution to the issue, and he also asked that the public comments be kept to three (3) minutes. Lee Green, resident, commented on the activity, noting a drone in his neighborhood, and the noise levels associated with these activities. He stated property values are important, and these activities impact the values, noting the noise level of the jet packs during the summer impacts his quality of life. Dan Jensen, resident, stated the real issue is the noise. He purchased his property in 1997, and this activity is new, and the noise impact should be considered. i Judy Cole, resident, commented that the noise is an issue and part of the total picture. She challenged the Commission to find other locations. If other locations cannot be found, then maybe this type of businesses should not be here. The business minimizes the spaces for other businesses and leisure users of the Harbor. The question is not how you can make it work, rather, it is can you make it work or not? The commercial versus private, and hours of operation are also of concern. She inquired where the Federal water ways are, and suggested considering other areas with similar operations. Billy Whitford, Newport Aquatics Center, expressed his concern with safety in his area (Dover Shores). He commented regarding flyboards, noted the discussion of safety of flyboards is a big topic and expressed his opposition to their operations in the Harbor. Chair Avery inquired to what the difference is between a flyboard and a jet pack. Mr. Whitford responded the flyboard is a snowboard with two jets coming off it and is difficult for the operator to control. Chris Miller, Harbor Resources Manager, noted discussing water propelled vessels, jet packs, fly boards, and water motorcycles. The City Council made it clear with the six month moratorium for acceptingcommercial applications, and that only the one current operator is allowed to operate in the Harbor. Don Hamilton, resident, expressed his concern regarding the sound. He suggested someone should approach the manufacturer to come up with a design solution for the sound issues. i' Chair Avery called for any other public comments. Dean O'Malley, president of Jetpak America, commented that he desires to remain in the Harbor, and inquired if the noise issues are addressed or silenced, would the activity be acceptable in the Harbor. Motion: It was moved by Commissioner Girling, and seconded by Commissioner Kenney to Receive and File. Motion carried unanimously (6-0). I 6 I i I I 3. Harbor Commission Goals: Review 2013-14. Form an Ad Hoc Committee to Create 2014- 2015 Goals. Recommendation: 1. The Harbor Commission will form an ad hoc committee to create goals for 2014-15, and to return to the Commission at a future date with a recommendation. Chair Avery noted that due to the absence of Commissioner West, and his expertise in this area, he recommended the item be moved to the next meeting in September. 7) SUBCOMMITTEE REPORTS Commissioner Girling commented on Cheyenne and the Five Dives program. He provided a visual and noted high pressure testing for the dome will take place in Pennsylvania around October, then the dome can be brought back and taken out for dives. A decision will need to be made as to whether to renew the Cheyenne's permit. Commissioner Blank, reported on the Public Outreach event scheduled for October 18th. He said that City resources will be available on November 15, and suggests the date be moved. As a side note for outreach, he stated he went out with the"Riding Currents" (Electric Duffy Boat) to pick up trash and noted many of the commercial marinas have their own cleanup crews. He noted the "Riding Currents" organization requires zero emission vehicles in order to participate with their group. Chair Avery reported that Chris Miller, will give a report on the multiple vessel mooring system survey authorized by Council. Chris Miller, Harbor Resources Manager, thanked and gave credit to Gable Engineering who assisted in implementing the survey. He reported the City mailing outjust under 4,000 surveys, and they have received about 200 responses. Any harbor user can log on and participate. There are three different surveys: one for home owners, one for mooring permit holders, and other Harbor users. The results so far heavily weighs in the "No" category. He plans to come back to City Council in September with the results. 8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES Council Member Gardner reported that at last night's Council Study Session they directed staff to go ahead with the new plan for the Balboa Theater. The plan is for the City to take back the Theater, and turn it into a Fine Arts Center. The tie to the Harbor Commission is that the Balboa Theater will take the pressure`bff the Marina Community Center from a programing perspective. She congratulated Chris Miller on the Marina Park dredging, and the transfer of sand from the project site to China Cove beach. 9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES Chris Miller, Harbor Resources Manager, gave a brief report on the bigger items of note. The first is Marina Park (Phase Two). He reported the sea wall has been built, and the completion of the tie rods and dredging is ongoing. He noted he has been working closely with the dredging operator to keep the line of communication open with the sailing groups. The dredging should complete the first or second week of September, the building pads are being constructed, and the Marina should be built by mid-year 2015. 7 Mr. Miller emphasized the China Cove project was a significant project, and involved moving a lot of sand. Mr. Miller noted the City's proposed eelgrass plan and said they are in the final stages for a complete Coastal Commission application, after which the Commission will consider the eelgrass plan at a public hearing. i Mr. Miller reported the City Council directed staff to further study the water taxi issue and try to determine if there is interest within the pool of potential operators. He noted that he has located a j consultant who specializes in water transportation, and he has executed a contract with this consultant who will assist in the development of an "expression of interest' which will help determine interest within the potential operators. He plans to bring it back to the City Council in October. 10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER None. 11) COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT(NON-DISCUSSION ITEM) None. 12) DATE AND TIME FOR NEXT MEETING: September 10, 2014 6:30 PM Chris Miller, Harbor Resources Manager, reported the Coastal Commission will be meeting in this room on the October meeting date, and he noted the Harbor Commission meeting g date would need to be changed, and there are three possible dates available October 1", 13' , and the 15'". Consensus from the Commissioners present was for Monday, October 13, 2014. He requested the Commission e-mail their preferences to him by this Friday. 13) ADJOURNMENT: 8:15 p.m. The meeting adjourned at 8:15 p.m. 8