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HomeMy WebLinkAbout16-02-10 Approved Minutes NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES City Council Chambers Wednesday, February 10, 2016 6:30 PM 1) CALL MEETING TO ORDER The meeting was called to order at 6:30 PM. 2) ROLL CALL Commissioners: Dave Girling, Chair Paul Blank, Vice Chair Joe Stapleton, Secretary Brad Avery William Kenney, Jr. Duncan McIntosh – (Absent/Excused) Doug West Staff Members: Chris Miller, Harbor Resources Manager Shannon Levin, Harbor Resources Supervisor City Council Liaison: Duffy Duffield, Council Member 3) PLEDGE OF ALLEGIANCE – Commissioner Stapleton 4) PUBLIC COMMENTS Chair Girling opened public comments. Jim Mosher stated that the agenda seems to have been changed without instructions from the Harbor Commission to do so. He reported that this item used to be for public comments on non-agenda items and that it has always been the practice of the Harbor Commission to accept comments on agenda items as the matters come up in the agenda. He expressed hope that the erroneous change to the agenda would be corrected by the next meeting. Chair Girling noted that comments would be accepted at this time for non- agenda items. A speaker inquired regarding public comments on agenda items and Chair Girling stated that the public would have the chance to comment on agenda items as each matter is heard. Seeing no others wishing to address the Commission, Chair Girling closed public comments. Harbor Resources Manager Chris Miller stated he would look into the matter. 5) APPROVAL OF MINUTES – January 13, 2016 Minutes A small correction was offered to the meeting minutes of January 13, 2016. Chair Girling asked whether a protocol had been established for presenting a proclamation for Medal of Honor recipients. Harbor Resources Manager Miller responded that the protocol would lie with the City Council. He suggested that each Commissioner speak with their individual Council Member with requests. Chair Girling opened public comments. Chair Girling closed public comments. Motion: Commissioner Kenney made a motion to approve the minutes of the Harbor Commission meeting of January 13, 2016, as corrected. Commissioner Blank seconded the motion, which carried with 6 ayes, 0 noes. Approved. 6) CURRENT BUSINESS 1. Channel Road Marina Renovation - Appeal 2 The Lido Peninsula Company, LLC proposed the Channel Road Marina Renovation project located along the southwestern tip of the Lido Peninsula. The applicant proposed to extend the floats to the same distance as the existing floats on the southerly side, recognizing however, that this distance is beyond the maximum allowable distance permitted by Council Policy H1. Therefore, the applicant is appealing the Harbor Resources Manager’s denial of the project. Recommendation: 1) Approve the applicant’s proposed Channel Road Marina Renovation project to extend the floats to the same distance as the existing floats on the southerly side along with the self- imposed overhang restriction of 12 feet. Commissioner Kenny reported that he knows one of the applicants and is a member of the same yacht club, but that he has no financial interest in the matter and therefore, can hear the item objectively. Vice Chair Blank reported that he knows one of the applicants, but that he has no financial interest in the matter and therefore, can hear the item, objectively. Commissioner West reported that he knows one of the applicants, but that he has no financial interest in the matter and therefore, can hear the item, objectively. Harbor Resources Manager Miller provided details of a PowerPoint presentation describing the appeal and addressing the applicant and focus on the southwest corner, north of Bulkhead Station 123. He addressed criteria for assigning a new Bulkhead Station; rules in the Harbor Permit Policy that dictate what can and cannot be done in between stations; details of the appeal; reasons why the applicant’s application was not approved; Council Policy H-1; area of focus; the applicant’s proposal; existing conditions; requirement of a new permit; details of the required variance; the possibility of a self-imposed overhang rule; and recommendations. Discussion followed regarding whether or not there is a limit on the boat-side tie in terms of how far it can go out, beyond the pierhead line. Harbor Resources Manager Miller stated there is no limit, but that he recommended that the applicant self-impose an overhang rule so that the City can condition it to keep it from happening. In response to Commissioner Stapleton’s inquiry regarding Tidelands fees, Harbor Resources Manager Miller noted that the Tidelands fee extends to the outer limit of their “fingers” (green) and that their overhang would not be included. He added that they are paying for the Tidelands. Discussion followed regarding the maximum area allowed for extension. Chair Girling opened public comments. John Marshall, Commodore of several yacht clubs, expressed concerns regarding the loss of several slips in connection with the proposed project. He commented on the loss of yacht club members and urged the Commission to look carefully into the matter going forward, to make sure that enough slips are available for smaller vessels. Harbor Resources Manager Miller noted that a number of slips would be lost, just by design. Chair Girling indicated he would be interested in learning how many slips would be obtained just by redesigning the dock. Harbor Resources Manager Miller stressed that slip-mix is not something considered at the City level. Discussion followed regarding the area of focus at this time. Chair Girling noted that when the matter is considered by the Coastal Commission, slip-mix will be reviewed. Jim Mosher questioned what the Harbor Commission was being asked to do. He commented on variances, the granting of same, limitations, the lack of the authority of the Commission to grant variances and the lack of necessary findings. Harbor Resources Manager Miller stated that the Harbor Commission has the authority to override the decisions of the Harbor Resources Manager. Although there are no specific findings, he added that he is working with the City Attorney’s office to formalize the procedure. 3 Carter Ford noted that the applicant could change their proposal and suggested that the Harbor Commission approve their request at this time. He added that the topic highlights resident concerns regarding “bigger is better,” noting that many are not able to change their marinas because of changes in regulations over the years. He urged the Commission to look at the need for space for smaller bay boats. He referenced “Guidelines for Marina Berthing Facilities” and suggested that the City put flexibility to the document that would enable engineers and City staff to have the room to approve logical variations. Seeing no others wishing to address the Harbor Commission on this matter, Chair Girling closed public comments. Discussion followed regarding the applicant’s agreement to self-impose a 12-foot limit on the side ties, memorializing the concept and enforcement over time. Harbor Resources Manager Miller added that, with all approvals in concept, there are conditions that must be abided by, which are included in the files. Motion: Commissioner Stapleton made a motion to approve the applicant’s proposed Channel Road Marina Renovation project to extend the floats to the same distance as the existing floats on the southerly side along with the self-imposed overhang restriction of 12 feet. Commissioner Avery seconded the motion, which carried with 6 ayes, 0 noes. Approved. 2. Tidelands Capital Plan Review and Harbor Master Plan Ad Hoc Committee Formation Staff will review the Tidelands Management Committee’s Tidelands Capital Plan. In addition, the Harbor Commission will form an ad hoc committee to initiate the development of a Harbor Master Plan as instructed by the City Council. Recommendation: 1) Receive and file the Tidelands Capital Plan. 2) Form an ad-hoc committee to initiate the development of a Harbor Master Plan. Public Works Director Dave Webb presented details of the report on the Tidelands Capital Plan. He reported that it is a planning document to help determine where to put Tidelands funds in the future. He addressed the five-year plan, projects currently in Tidelands Capital Plan, Tidelands accounts, funding sources, projects to be reviewed this year, goals for maintenance funding, and projects that are yet to be funded. Discussion followed regarding the status of the Mariners Mile walkway, projections for the sea wall in 25 years, the differences in the two funding accounts, Tidelands fees, and the City’s plans for the Grand Canal. Public Works Director Webb discussed the development of a long-range planning document and referenced the City’s Facilities Finance Plan and trying to generate a similar plan for the Harbor. He recommended establishing a subcommittee to start generating projects in the Harbor. The plan would be reviewed on a yearly basis by the Finance Committee. Chair Girling thanked Public Works Director Webb and requested volunteers to serve on either an ad-hoc committee or a working group. Vice Chair Blank and Commissioner Stapleton offered to serve in a working group to generate potential Harbor projects. Chair Girling opened public comments. Jim Mosher noted there could be three members in the working group and suggested that the first thing it should do is to consider a “more illustrative” name for the document. He referenced the Coastal Land Use Plan and policies that the City has committed to relative to the Mariners Mile walkway. Len Bose, Huntington Beach, suggested that the Commission consider placing changing the channel markers in the five-year plan. Chair Girling closed public comments. Chair Girling volunteered to participate in the working group. 4 A suggestion was made to change the name of the document to a Harbor Capital Improvements Plan. Chair Girling stated that the working group will consider the item. Motion: Commissioner West made a motion to appoint Chair Girling, Vice Chair Blank and Commissioner Stapleton to the working group to study a Harbor Master Plan. Commissioner Kenney seconded the motion, which carried with 6 ayes, 0 noes. Approved. 3. Central Avenue Public Pier – Harbor Commission Letter of Support to the Coastal Commission The Harbor Commission will consider sending a letter of support for the Central Avenue public pier to the California Coastal Commission. Recommendation: 1) Approve the Harbor Commission’s Central Avenue public pier support letter to the California Coastal Commission. Chair Girling thanked Vice Chair Blank for his efforts in putting the letter together showing the Harbor Commission’s support for this project. Harbor Resources Manager Miller reported there are copies of the letter available for public review and that each Commissioner was provided with one. Commissioner Avery reported he is a member of the Newport Harbor Yacht Club, recused himself from this item and departed the Chambers. Harbor Resources Manager Miller offered an explanation of the purpose of the letter and the subject project. It was noted that the design plans are available for review and that the Newport Harbor Yacht Club still needs Coastal Commission approval and member approval to fund the clubhouse. Harbor Resources Manager Miller reported that the City is already poised to take on the project. He added that the timing of the pier seems perfect and that the City will move forward with the project whether or not it receives a contribution from the Newport Harbor Yacht Club. Chair Girling opened public comments. Jim Mosher expressed concerns with the letter in that it makes it sound that the Central Avenue pier is a Newport Harbor Yacht Club project, and not the City, and that they are part of the design. He opined that it seems to be misleading. He questioned the permit, noting that it is not within the Harbor Commission’s jurisdiction to be opining on things that are not on the Harbor water side. He suggested sending a letter to the Coastal Commission regarding how important the pier will be to the City and stated that expressing an opinion regarding the quality of their permit is inappropriate. Chair Girling suggested the need to clarify the matter. Harbor Resources Manager Miller suggested that the Commission approve the content of the letter and stated he can clean it up together with Vice Chair Blank. Chair Girling closed public comments. It was noted that what the Harbor Commission is asking the Coastal Commission to do is to approve the Newport Harbor Yacht Club Coastal Development Permit but should specifically state that as one of the conditions, the Newport Harbor Yacht Club is agreeing to fund construction of the Central Avenue pier, which will benefit the City and the public. Additionally, the Coastal Commission is requiring the Newport Harbor Yacht Club provide public access and would allow them to fund construction of the pier to satisfy the public access aspect of their permit. 5 Council Member Duffield commented on the appropriateness of the Harbor Commission’s support of land- side and public marine activities, and encouraged the Commission to continue doing so. Motion: A motion was made approve the Harbor Commission’s Central Avenue public pier support letter to the California Coastal Commission, as amended. The motion, which carried with 5 ayes, 0 noes. Approved. Commissioner Avery returned to the Chambers and took his place on the dais. 4. RGP-54 Publicity and Outreach The Harbor Commission will discuss various ways that the City’s new RGP-54 dredging permit should be publicized throughout the community. Recommendation: 1) Discuss outreach methods to publicize the City’s RGP-54 dredging program. Chair Girling reported receiving the final approvals for the RGP-54 permit and opened discussion regarding publicizing the program. Harbor Resources Manager Miller reported writing an article for the City Manager’s Newsletter, working with the three major newspapers that generally cover the Harbor and suggested contacting waterfront associations and HOAs to educate them. He stated that the word is out and that the City can always improve upon it. He added that there have been 25 pre-applications submitted to his office for the program, noting it is the most received in many years. He noted access on the City’s website including instructions on how to apply. He expressed excitement regarding the number of applicants, so far. Chair Girling thanked Commissioner West for his work and efforts on this matter. Commissioner West noted that the City is on the right track, expressed appreciation for staff’s work and offered his continued help. Harbor Resources Manager Miller invited comments and suggestions for improvement. Discussion followed regarding the Eelgrass Plan and it was noted that it could be a model for other coastal cities. It was noted that the City should be recognized for its environmental leadership relative to this plan. Ensuing discussion followed regarding the schedule for completion of the 25 applications, including information in the permit fee renewal invoices, contacting other groups that would benefit from the information, and speaking at the Yachtsman’s Lunch at Newport Harbor Yacht Club. Chair Girling opened public comments. Chair Girling closed public comments. 5. West Anchorage Review The Harbor Commission will review and discuss the anchorage concept in the Turning Basin, and instruct the ad-hoc committee to return to the Commission at the March 2016 meeting with a recommended path forward. Recommendation: 1) Discuss the west anchorage concept. Harbor Resources Manager Miller addressed the main navigational channel in the Harbor, Council-approved location for the trial anchorage area, adjusted area during the Fall Boat Show and return of the “Invictus.” Commissioner Avery commented on the continuing effort to make Newport Harbor a welcoming destination for visitors and maximizing the Harbor for the benefit of all user groups. He said he felt this accomplishes 6 that goal and noted boats are free to transit in and out of the area, at all times. He added that it would be valuable to set up the temporary anchorage again for the upcoming summer, in the same area and commented on the benefit of having flexibility in the Harbor. Discussion followed regarding the Federal Channel and the City’s ability to charge large vessels. Harbor Resources Manager Miller noted that this is just a discussion item and that the Harbor is making no decisions on this matter, at this time. Discussion followed regarding the possibility of charging for an anchorage, practices of other coastal areas offering free anchorage and applicable agencies overseeing this matter. Chair Girling opened public comments. Jim Mosher requested clarification of the distinction between Federal waters and State waters. Harbor Resources Manager Miller responded that the Federal government is in charge of maintaining all waterways in the United States and that State Tidelands were granted to the City. Paul Weinberg, representing his mother, Elaine Weinberg, 100 Via Lido Nord, reported he was aware of noise complaints during the Labor Day Holiday in connection with the temporary anchorage, noting that the people with the complaints did not know who to call. He added the he observed four or five raft-ups. He commented on negative impacts of the aesthetics and stated that it is a safety hazard. Billy Whitford, Director of the Newport Aquatics Center, commented positively on the flexibility in the Harbor and against adding one more mooring field. He added that it will become a problem when it changes to a permanent anchorage and opined it will be a safety issue. Len Bose commented on instances where there may be a fee due for anchorage. Chair Girling closed public comments. Discussion followed regarding unusually large vessels that visit the Harbor occasionally and determining a maximum size for boats allowed in the anchorage. Motion: Vice Chair Blank made a motion to direct the Ad-Hoc Committee to return to the Commission at the March 2016 Harbor Commission meeting with a recommended path forward regarding the west anchorage concept. Vice Chair Blank asked that someone amend his motion to instruct the Ad-Hoc Committee to consider day- mooring use in Corona del Mar Cove. Commissioner Kenney proposed an amendment to the motion to include day-mooring use in Big Corona. Amended Motion: Commissioner Kenney amended the motion to direct the Ad-Hoc Committee to return to the Commission at the March 2016 Harbor Commission meeting with a recommended path forward regarding the west anchorage concept and include consideration of day-mooring use in Big Corona. Commissioner West seconded the motion, which carried with 6 ayes, 0 noes. Approved. 7) SUBCOMMITTEE REPORTS - None 8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES - None 9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES 7 Harbor Resources Supervisor Shannon Levin provided a status update on Marina Park. In addition, she updated the Harbor Commission on staff’s work regarding derelict vessels. In response to a request from the Commission, Harbor Resource Manager Miller provided an update on Council’s recent action regarding the moorings, including on-shore and off-shore mooring rates. He commented on efforts to memorialize recommendations from the Harbor Commission; specifically, how moorings are transferred. He estimated that mooring bills will be sent out within one or two weeks. 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: Wednesday, March 9, 2016 13) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 8:40 p.m. The next meeting of the Harbor Commission will be held on Wednesday, March 9, 2016, at 6:30 PM.