SMALL CRAFT HARBOR COMMISSIONOctober 10, 201810:00 A.M.BURTON W. CHACE PARK COMMUNITY ROOM13650 MINDANAO WAYMARINA DEL REY, CA 90292Audio1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE2.APPROVAL OF MINUTESSmall Craft Harbor Commission Meeting of September 12, 2018.3.COMMUNICATION FROM THE PUBLICThis is the opportunity for members of the public to address the Commission on items that are noton the posted agenda, provided that the subject matter is within the jurisdiction of the Commission.Speakers are reminded of the three-minute time limitation.4.COMMUNICATION WITH THE COMMISSIONERSThis is the opportunity for members of the Commission to provide notification to the public regardingany communication received by the Commissioners from the public, lessees, or other interestedparties regarding business of Marina del Rey.5.REGULAR REPORTSa.Marina Sheriff(DISCUSS REPORTS)- Crime Statistics- Enforcement of Seaworthy & Liveaboard- Sections of the Harbor Ordinance withLiveaboard Permit Percentages6.b.Marina del Rey and Beach Special Eventsc.Marina Boating Section Report(VERBAL REPORT)OLD BUSINESSa.7.(DISCUSS REPORT)NoneNEW BUSINESSa. Small Craft Harbor Commission’s Annual Report Draft(VERBAL REPORT)
Small Craft Harbor CommissionAgenda for October 10, 2018Page 2 of 2b. Policy Statement No. 27Introductory Report on Liveaboard Surcharge Rate History and Survey8.STAFF REPORTSOngoing Activities- Board Actions on Items Relating to Marina del Rey- Regional Planning Commission’s Calendar- California Coastal Commission Calendar- Redevelopment Project Status Report- Design Control Board Minutes- Marina del Rey Slip Report- California Coastal Commission Slip Report-Marina del Rey Public Pump-Out Service- Fisherman’s Village Progress Report- Illegal Boat Charter Enforcement9.(PRESENTATION)(DISCUSS REPORTS)ADJOURNMENTPLEASE NOTE1.The Los Angeles County Board of Supervisors adopted Chapter 2.160 of the Los Angeles Code (Ord. 93-0031 2(part), 1993, relating to lobbyists. Any person who seeks support or endorsement from the Small Craft HarborCommission on any official action must certify that he/she is familiar with the requirements of this ordinance. A copyof the ordinance can be provided prior to the meeting and certification is to be made before or at the meeting.2.The agenda will be posted on the internet and displayed at the following locations at least 72 Hours preceding themeeting date:Department of Beaches and Harbors Website Address: http://marinadelrey.lacounty.gov3.Department of Beaches and HarborsAdministration Building13837 Fiji WayMarina del Rey, CA 90292MdR Visitors & Information Center4701 Admiralty WayMarina del Rey, CA 90292Burton Chace Park Community Room13650 Mindanao WayMarina del Rey, CA 90292Lloyd Taber-Marina del Rey Library4533 Admiralty WayMarina del Rey, CA 90292The entire agenda package and any meeting related writings or documents provided to a Majority of theCommissioners (Board members) after distribution of the agenda package, unless exempt from disclosure Pursuantto California Law, are available at the Department of Beaches and Harbors and at http://marinadelrey.lacounty.govSi necesita asistencia para interpreter esta informacion llame al (424) 526-7777.ADA ACCOMODATIONS: If you require reasonable accommodations or auxiliary aids and services such as material in alternateformat or a sign language interpreter, please contact the ADA (Americans with Disabilities Act) Coordinator at (424) 526-7752(Voice) or (TTY/TDD) users, please call the California Relay Service at 711. The ADA Coordinator may be reached by email [email protected] necesita asistencia para interpretar esta información, llame a este numero: 310-822-4639.
SMALL CRAFT HARBOR COMMISSION MINUTESSeptember 12, 2018Commissioners: Allyn Rifkin, Chair; David Lumian, Vice Chair; Dennis Alfieri (excused absence); RichardMontgomery; Nathan SalazarDepartment of Beaches and Harbors (DBH): Gary Jones, Director; Steve Penn, Chief of AssetManagement Division; Amir Tadros, Sr. Real Property Agent; Don Geisinger, Lease Specialist; LindaPhan, Real Property Agent; Kristal Ghil, Management FellowCounty: Amy Caves, Principal Deputy County CounselItem 1‐ Call to Order and Pledge of AllegianceChair Rifkin called the meeting to order at 10:03 a.m. and read the Commission’s policy on publiccomment. The Pledge of Allegiance was led by Deputy Ramos.Item 2‐ Approval of MinutesMotion to approve August 08, 2018, Meeting Minutes by Vice Chair Lumian, seconded byCommissioner Montgomery, unanimously approved.Ayes: 4 – Chair Rifkin, Vice Chair Lumian, Mr. Montgomery, and Mr. SalazarItem 3 – Communication from the PublicCaptain Alex Balian expressed concern about the safety of standup paddle boarders in the marina andsuggested providing users with navigational safety training.Captain Darrell Steffey, Deborah Fox, and Gerry Percell requested a review of the liveaboard surchargefees, along with the unseaworthy ordinance which prohibits the sale of floating homes.Chair Rifkin noted that the affordable housing issue would be discussed further down the agenda.Tima Bell expressed concern about the increase of slip fees and the lack of affordable housing in Marinadel Rey.Robert Van de Hook spoke briefly about his background in Marine Biology, and suggested that DBHreaches out to the federal government in order to increase the sea lion population in the Marina delRey.Edward Bell expressed concern about the restriction placed on selling his floating home. He suggestedthat the commissioners review and overturn said ordinance, which will then give him the ability to sellhis home to a buyer within Marina del Rey.
SCHC MinutesSeptember 12, 2018Page 2 of 12Vice Chair Lumian stated that he would like to see a presentation on the ordinance pertaining to thetransfer of floating homes in order to better understand it. He further elaborated that said presentationwill give the commissioners an opportunity to make comments and recommendations to the Board ofSupervisors (BOS). He also expressed concern about the increased slip fees, and requested an updateon the recent death of the kayaker in MdR.Richard Montgomery inquired if Legacy Partners’ promise for seniors and veterans was solidified. Hementioned that at a previous meeting, Parcel 28’s Lessee, Legacy Partners, offered seniors and veteransone month free rent when they return to their slips. He further inquired if they would be willing to offerany additional concessions.Vice Chair Lumian stated that other harbors, including Wilmington, San Pedro, and Long Beach, chargeroughly 200 a month for liveaboard fees.Gary Jones addressed the unseaworthy ordinance, and stated that DBH is willing to meet with floatinghomeowners to better understand their needs and give them a better explanation of the rationalebehind the ordinance. He also discussed rent stabilization, and announced that the BOS passed amotion that directs various departments to report back within 60 days with a temporary rentstabilization ordinance for apartment rentals in unincorporated counties, which includes MdR. Hefurther explained the BOS requested from DBH to report back within 120 days on a permanent rent‐stabilization ordinance for MdR apartments. Said report will involve the collaboration of apartmentowners, and various stakeholders, including the Small Craft Harbor Commissioners. Gary noted thatonce certain projects are completed, there will be approximately 7,000 apartments in Marina del Rey.Some of these projects were built at various times and under existing exemptions which has a majorbearing on whether they will have to comply with rent stabilization. Gary also elaborated on the existingliveaboard surcharge of 55%, and clarified that the surcharge is a not a policy set forth by thedepartment, but rather a fee which is implemented by the lessees.Steve Penn stated that DBH does not set the surcharge fees, but rather the lessees are the ones whodecide on the surcharge rate for liveaboards.Gary Jones further explained that lessees are not required to provide slips for liveaboards, therefore,the lessees can be deterred from renting to liveboards if they required to lower their rates. He alsomentioned that Mr. O’brien from the Wayfarer project did commit to allow existing liveaboards toreturn to the anchorage after construction is completed.Vice Chair Lumian thanked the director for his input and asked if the rent stabilization can be extendedto the liveaboards in the Marina.Gary Jones replied that the current Board motion does not include liveaboards.Vice Chair Lumian asked if DBH has received any complaints from slip tenants regarding rent increases.
SCHC MinutesSeptember 12, 2018Page 3 of 12Steve Penn stated that DBH did not receive any waterside complaints regarding slip fees; however, hisoffice did receive some complaints from landside tenants.Vice Chair Lumian inquired about DBH’s contact person for complaints.Steve Penn replied that his office handles all complaints and offered his business card to the public.Nathan Salazar suggested looking into rent stabilization for the boaters.Item 4 – Communication with the CommissionersCommissioner Montgomery disclosed his meeting with Captain Darrell Steffey and Edward Bellregarding the unseaworthy ordinance. He further pointed out that Supervisor Janice Hahn sent her DBHDeputy, Mr. Jayme Wilson, to assist anyone who wants to further discuss the liveaboard issues.Commissioner Salazar invited everyone to attend the 2018 Los Angeles County Dragon Boat Festival,sponsored by Supervisor Hilda Solis, at Santa Fe Dam Recreation Area on October 6, 2018 from 8:00AMto 4:00PM.Steve Penn reported that on Tuesday, September 11, 2018 during the BOS meeting, Supervisor Hahnreappointed Commissioner Richard Montgomery to serve another term on the Small Craft HarborCommission.Item 5a – Marina SheriffDeputy Sheriff Nichol presented the crime statistics and liveaboard report.Vice Chair Lumian inquired about the death of the kayaker that occurred in MdR harbor.Deputy Sheriff Nichol stated that he cannot answer any questions pertaining to this matter as it iscurrently under investigation by the Sheriff’s Homicide Division.Item 5b – MdR and Beach Special EventsCarol Baker reported on a number of successful summer events. She also announced the upcomingHalloween event, “Spooktaculer”, along with the environmental education campaign for children.Item 5c – Marina Boating Section ReportMichael Blenk reported that Anchorage 47 has 3 vacant slips, while Parcel 77, Power Boat Storage, iscompletely full. Mast‐Up storage has 38 spaces available for sail boats up to 31 feet. He also announcedthe upcoming Vessel Lien Sale Auction on Thursday, September 12, 2018, at Anchorage 47, beginningat 11:00AM.Item 5d – Marina del Rey Convention and Visitor’s Bureau Report (CVB)Janet Zaldua reported the hotel occupancy rate from January to July 2018 was 86.2%. The average dailyrate is 276/night. She further announced that the “Freeride Shuttles” in MdR are doing well; however,
SCHC MinutesSeptember 12, 2018Page 4 of 12the shuttles are in need of sponsorships in order to continue their operation. She also mentioned“Marina Funday,” which is a promotion to attract inland patrons to come out to MdR.Chair Rifkin inquired about the dock‐less scooters, “Lime” and “Bird”.Janet Zaldua responded that the CVB has not taken any official stance on the matter.Item 6a – Old BusinessNone.Item 7a – Parcel 113 (Mariners Village) Option for Amended and Restated LeaseDon Geisinger provided the staff report.Chair Rifkin stated that when the project was initially presented to the SCHC a number of years ago, itwas a controversial topic due to the request to add slips along the main channel.Don Geisinger replied that the slips are no longer part of the proposal.Michael Tripp mentioned that the current project is completely different than it was first presented. Heexplained that the previous proposal requested an installation of a seawall to have a 28ft‐widepromenade, a lot of tree removals, and additional height to the parking structure; none of which arenow happening. The main renovation will be to the interior of the existing buildings.Don Geisinger further explained that he purposely did not mention the changes because it’s acompletely different deal. He instead wanted the Commissioners to focus on the financial part of theproject because it is driven by the affordable housing component.Michael Tripp mentioned that the major difference between the current renovation plans and the priorplans is the addition of 20% affordable housing units. The original plan did not include any affordablehousing units, as it was not a requirement at the time. Currently the affordable housing policy in Marinadel Rey, which was adopted in 2008, requires projects that are complete tear downs & rebuilds toprovide 15% of their units to be affordable. The breakdown is as follows: 5% of the units for very lowincome households, 5% for low, and 5% for moderate income households. For renovation projects likethe previously presented project, no affordable house was required. He further explained that inNovember 2016 the BOS asked DBH to review the existing policy for improvement opportunities. Afterreviewing the policy, DBH reported back to BOS that renovation projects should be included in theaffordable housing requirement with a 20% mixed income.Commissioner Montgomery asked for further clarification on the 18‐months option term, and theminimum rent amount of 2,186,598.Don Geisinger explained that once the option is granted by the BOS, there is a term of 18 months, withfive to six term extensions, for the lessee to satisfy requirements before exercise the option. He also
SCHC MinutesSeptember 12, 2018Page 5 of 12explained the 2,186,598 amount was negotiated in 2016; however, the current minimum rent will varyonly in a small amount.Vice chair Lumian asked for clarification on “very low income” households.Michael Tripp stated that while he does not have the exact figures off‐hand, he explained that thecalculation is based on the median income within the county, which is approximately a maximum of 30K annually per person. The rent will then be reduced to 30% of their base income.Don Geisinger stated that rent will be approximately 500 to 600 a month for “very low income”households.Glenn Wasserman, representative for Parcel 113’s Lessee, stated that he is available to answer anyquestions regarding the transaction. He explained that the affordable housing rent is 50% of the area’smedian income. He further provided an example of a 3 person household with a maximum annualincome of 43k, their rent would be 30% of the 43K.Gary Jones stated that the lessee will be holding a meeting to provide the residence with theopportunity to address any of their questions or concerns. The lessee will be contacting the tenants toprovide them with that information.Susan Gumming requested the postponement of any action on this item due to lack of public noticeand public review.Ellen Klugman spoke against the endorsement of item 7a, and urged the commissioners not to endorsesaid proposal.Marcia Hanscom expressed concern about the removal of allegedly diseased and damaged trees, andsuggested having a process to determine a trees health. She also requested additional time to reviewthe project prior to endorsement.Richard Harmel requested that the item be postponed to a future meeting in order to allow enoughtime for stakeholders to address any questions or concerns.Francine Ringold stated that she, too, agreed with the last four speakers and urged the postponementof said agenda item.Robert van de Hoek requested that the endorsement be postponed because the property is a historicsite and should be preserved to the standards of the historic society. He further expressed concern forwildlife in the Marina.
SCHC MinutesSeptember 12, 2018Page 6 of 12Lamont Roberts stated that while he agrees with the previous speakers about postponing the agendaitem, he believes there has been significant progress from the initial proposal. He further stated thatthe promenade needs to be reviewed by Mariner’s Village tenants prior to endorsement.Gretchen Nordham spoke about the importance of preserving the natural habitat for the wildlife inMarina del Rey. She further requested the postponement of this item.Paul Lunce expressed concern about the commission’s responsibility being transferred over to thedirector of DBH. He suggested deferring items 7a and 7c on the agenda in order to give the publicenough time to research the scope of work.Rebecca Crandall stated that the neighborhood enjoys the trees and the blue herons at Mariner’sVillage. She requested additional time to review the new plans before the commission endorses theproject.Michael Tripp clarified that the project will still need to be reviewed by Department of RegionalPlanning (DRP), Design Control Board (DCB), and the BOS. He further emphasized that the public willhave a number of opportunities to address their comments, questions, and concerns. He alsomentioned that the limits for the “very low income” households is as follows: 34K annual income for1 person, 39K for 2 people, and 43K for 3 people. The rent amount charged for the unit is based onthe unit size, and base income. For a studio at Parcel 113, the rent would be 606, a 1bedroom wouldbe 693, and a 2 bedroom would be 780.Commissioner Montgomery asked when the project was initially presented and if there were any plansfor the public review.Michael Tripp replied that the project was initially presented at the Design Control Board (DCB) meetingin 2013. He further elaborated that the current project which is being presented before thecommission, is completely different than what was presented in 2013.Commissioner Montgomery asked if there has been any community outreach or presentations sincethe changes from the 2013 designs.Michael Tripp replied that the SCHC meeting is the first step in doing public outreach. The public willhave a chance to voice any questions or concerns at a number of upcoming meetings, including theDCB, DRP, and the BOS.Allyn Rifkin asked if this current project requires a National Environmental Policy Act (NEPA) orCalifornia Environmental Quality Act (CEQA) clearance.Michael Tripp replied that the project is exempt from CEQA due to its moderate renovations.Commissioner Montgomery asked if this project has any type of federal requirements.
SCHC MinutesSeptember 12, 2018Page 7 of 12Michael Tripp replied that this project does not fall within the NEPA guidelines. He further stated thattypically the only NEPA projects are the Army Corps projects.Amy Caves clarified that the project has not been determined exempt from CEQA. The recommendationwill be presented to the BOS in the board letter for a finding of exemption, so it will be determined bythem on the hearing day.Commissioner Montgomery asked about DBH’s tree‐replacement policy, specifically about dead ordiseased trees.Michael Tripp replied that DBH’s policy on tree removal and replacement is one to one. He furtherexplained that if the lessee chooses to replace their own trees, they would have to go before the DCBfor approval.Vice Chair Lumian asked about the time line of the proposed project.Michael replied that plans have been already been submitted to the DRP, which typically take twoweeks to review.Gary Jones replied that he had intended to present this project to the BOS in October.Vice Chair Lumian asked if the BOS presentation would be before or after the DRP review.Gary Jones replied that the BOS would review the project after the DRP has reviewed it. The DRP wouldhave to give their input on CEQA exemption before presenting to the BOS.Michael Tripp stated that after the BOS adopts the recommendation, the project would be heard bythe DCB in the following couple months.Gary Jones stated that this project’s primary focus is