HomeMy WebLinkAboutSS0 - Study Session AgendaNEWPORT BEACH CITY COUNCIL AGENDA
Adjourned Regular Meeting
Study Session - 4:30 p.m.
December 9, 2003
ROLL CALL
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. (4:30 P.M.)
2. DINGHY STORAGE FOR OFFSHORE MOORING
PERMITTEES — PHASE I. (4:40 P.M.)
3. FIRE PREVENTION IN BUCK GULLY (ORAL PRESENTATION). (6:16 P.M.)
PUBLIC COMMENTS (Public comments are invited on non - agenda items generally
considered to be within the subject matter jurisdiction of the
Council —Speakers must limit comments to 3- minutes).
ADJOURNMENT
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CITY OF NEWPORT BEACH
• CITY COUNCIL STAFF REPORT
Study Session Agenda Item No. 2
December 9, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Harbor Resources Division (City Manager's Office)
Chris Miller, Supervisor, 949- 644 -3043
cmiller@city.newport-beach.ca.us
SUBJECT: DINGHY STORAGE FOR OFFSHORE MOORING PERMITTEES — PHASE i
ISSUE:
Should the City add to the quality and quantity of areas to store dinghy vessels in and around
Newport Harbor?
RECOMMENDATIONS:
None — for discussion purposes only
BACKGROUND:
• The Problem. The offshore mooring permittees rely on dinghies as the only way to reach
their vessels in the Harbor. Currently, there are no dinghy storage facilities in the Harbor to
accommodate these boaters. This forces the permittees to load and unload their dinghies
from their cars every time they wish to access their offshore vessels, therefore creating an
extra burden to the boater. In addition, the public pier time limits are too short to allow
boaters access to upland facilities and businesses. The current time limits are also difficult to
enforce.
The proposal for dinghy storage for offshore mooring permittees has been under various
forms of consideration for almost four years. Much thought and preparation has gone into
this proposal, mostly within the past year when the Newport Mooring Association (NMA)
submitted a specific plan for Newport Harbor. Consequently, the dinghy storage concept has
transformed into several variations of the original document to its final state (Phase 1)
outlined below. Public pier time limits were also increased at a few sites to reduce the fear of
impoundment and to promote a more user - friendly Harbor.
This Phase I proposal has been well publicized to gather as much input from the public and
interested parties as possible. Examples of the community outreach to date have been:
• Regular sub - committee meetings consisting of Harbor Resources, Harbor
Commission and NMA members;
• Several articles in the Daily Pilot, The Log and The Current newspapers;
• Approximately 210 outreach letters to solicit community feedback;
• • Public comment at Harbor Commission meetings;
• Public invited to an open forum sub committee meeting.
Dinghy Storage for Offshore Mooring Permittees — Phase I
December 9, 2003
Page 2
PLAN OUTLINE:
•
General Details
• Phase I is considered a pilot project and will be re- evaluated after 12 months of
implementation. If the program succeeds, Phase 11 and possibly Phase III may be
added upon approval by the Harbor Commission and City Council.
• A permit will be required from the Coastal Commission if the City Council
approves Phase 1.
• Racks on the beach were chosen because they were the "cleanest' form of
storage in that they are oompact, organized, orderly and provide minimal
interference with the public use of beaches. The City will be able to control the
number of dinghies in any one location (one rack for one dinghy).
o Other storage options were considered, including stringing chains parallel to
the beach so dinghies could tie to them. This was deemed unsightly and a
hazard to the public's beach access.
• Dinghy racks on the beach will be available to offshore mooring perrnittees only.
In the future, the racks at the Balboa Yacht Basin may be available to BYB
tenants.
• One rack per mooring perrnittee. Racks will be numbered and dinghies will have
stickers which will be distributed via a lottery system through Harbor Resources.
Yearly bill will be $168 ($14 per month).
• Racks will be used at perrnittee's own risk. Eye bolts will be provided for
perrnittee locks and chains.
• Dinghies will be limited to 11 feet. •
• There will be no restriction on hours of operation.
• Racks will be low profile, simple, stacked, and either 2 spaces high, 2 spaces
wide (4 spaces total), or 3 spaces high, 2 spaces wide (6 spaces total).
No outboard motors, motor oil or other accessories will be allowed on or near the
racks. Oars must be secured neatly inside the racked dinghy.
• Proper signage dearly stating the rules will be displayed at racks and pier
locations.
• Racks will be designed and built by General Services. They will be similar to the
City owned racks at 18°i Street.
• The City staff, Harbor Patrol and the NMA will provide common enforcement for
the racks. The Harbor Patrol will enforce the public pier time limits.
• Municipal Codes will need to be changed (See Appendix C)
0 17.28.010 —Maintenance of Public Piers, Regulations
0 17.16.020 (A, B & D) — Boat Launching and Hauling
• Although the City will incur an extra liability by placing a foreign object on the
beach, this will be offset by promoting increased usage of the Harbor by providing
better access to the mooring community.
RACK LOCATIONS (See photos in Appendix A)
• Fernando Street
0 2 racks total, one on both sides of the pier (8 boats total)
0 2 wide, 2 high per rack
• 15"' Street
0 2 racks total, one on both sides of the pier (12 boats total) •
0 2 wide, 3 high per rack
Dinghy Storage for Offshore Mooring Permittees — Phase I
December 9, 2003
Page 3
• 16"' Street
o 3 racks total along the chain link fence next to the American Legion property
line (12 boats total)
o 2 wide, 2 high per rack
• 18"' Street
o 3 racks total next to existing City racks, against the shrubs (12 boats total)
o 2 wide, 2 high per rack
• Balboa Yacht Basin
0 4 racks total at the storage yard (16 boats)
0 2 wide, 2 high per rack
PIER TIME LIMITS (See diagrams In Appendix B)
• Fernando Street — pump out
0 20 minutes bayward side
0 20 minutes on the one side where pump out is located
0 2 hours on the other side, opposite of where pump out is located
0 72 hours on upland side
• le, 191' & Coral Street — No pump out
o 20 minutes bayward side
o 2 hours on both sides
o 72 hours on upland side
COMMUNITY OUTREACH
• Approximately 210 community outreach letters were sent to all residents within 300' of each
dinghy rack site and / or affected public pier. Letters were not sent to the mooring permittees
because they were already queried in late 2002. The results in the table below reflect the
number of responses returned to Harbor Resources via letters, emails and phone calls.
16 Agree 20 Disagree
• Comments did not properly interpret that dinghy racks were Dot part of the Coral Street proposal.
19,' Street and Lido Bridge results subtracted from total due to removal of these sites from Phase I
implementatkm as a result of public comments.
3
Y'Li .
Agree
Agree With
Suggestions
Disagree
Disagree
(Misconstrued •)
eneral
omments
1
1
4
ernando St.
1
3
5th Street
2
1
6th Street
1
000*0
4
otal (19 & Lid o)
1 9
7
20
4
16 Agree 20 Disagree
• Comments did not properly interpret that dinghy racks were Dot part of the Coral Street proposal.
19,' Street and Lido Bridge results subtracted from total due to removal of these sites from Phase I
implementatkm as a result of public comments.
3
Y'Li .
Dinghy Storage for Offshore Moonng Permitlees — Phase I
December 9, 2003
Page 4
Revenue vs. Costs •
Total Number of Racks 14
Total Number of Spaces 60
Monthly Fee Per Space $ 14.00
Yearly Fee Per Space $ 168.00
Total Revenue Year 1 $ 10,080.00
Total Materials (Approximate $725 per rack) $ 10,150.00
Other Costs (signage etc...) $ 1,000.00
Total Direct Costs $ 11,150.00
Net Loss (Year 1 only) $ (1,070.00)
The monthly rental rate is in line with the local yacht dub's sabot rack rates. Assuming full
capacity, profit will be realized after the first year. Estimated life of racks would be 7 -10
years. Additionally, it is estimated that it will take 320 man hours to construct these Phase I
racks.
The NMA has recently completed a demand survey to confirm a need for these racks.
According to the data collected in October and November 2003, there will be sufficient •
demand to fully utilize the proposed racks.
No. of People Who
Location Would Rent Racks
Fernando 14
15"' 30
16"' 5
18"' 24
BYB 25
* Total demand for 15"' and 16"' is 35 potential applicants and the proposal calls for 24
spaces between these two sites. These sites are within dose proximity, so the spaces
probably would be filled.
Enforcement and Management After Installation: The Harbor Department is committed to
enforcing the proposed time restrictions on the public docks. Also, a common effort between
the City departments will be necessary to ensure the racks are used properly (boats left on
the beach, no engines, oil etc...). Maintenance issues will be resolved by General Services.
Previous Actions: The Harbor Commission unanimously approved Phase I at its public
meeting on September 10, 2003.
What's Next: If the Council likes this proposal at the Study Session level, we will bring it back
to the Council at a nighttime meeting for formal approval with:
• A $11,150.00 Budget Amendment to fund construction and installation; and •
• Proposed changes to the Municipal Code
i
_x-
Dinghy Storage for Offshore Mooring Permittees — Phase I
December 9, 2003
Page 5
• Environmental Review: Implementation of this project is categorically exempt (Class 3,
Section 15303, New Construction or Conversion of Small Structures). It will be necessary to
apply for a Coastal Development Permit (CDP) through the California Coastal Commission
for the rack locations.
Public Notice:
This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance
of the public meeting at which the City Council considers this item).
Alternatives: Instead of agreeing to the Harbor Commission's recommended plan, the
Council could:
• Refuse to adopt the Phase I proposal;
• Offer amendments to the Phase I proposal and adopt it with those amendments;
• Offer amendments to the Phase I proposal and return it to the Harbor Commission for
additional review.
Prepared by:
15
Chris Miller, Harbor Resources Supervisor
•
Attachments: Rack and Pier Locations
Public Pier Time Limits
Municipal Code Changes
FAQ Sheet In Outreach Letters
E
Submitted by:
Da iff, Assistant City Ma ager
Dinghy Storage for Offshore Mooring Permittees — Phase I
December 9, 2003
Page 6
Appendix A
Rack & Pier Locations
2 Racks (2 spaces wide, 2 spaces high)
Increased pier time limits
2 Racks (2 spaces wide, 3 spaces high)
Increased pier time limits
.fr
3 Racks (2 spaces wide, 2 spaces high)
Along the chain link fence next to the American Legion
•
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Dinghy Storage for Offshore Mooring Permittees — Phase I
December 9, 2003
Page 7
3 Racks (2 spaces wide, 2 high)
Increased pier time limits
Coral St
Increased pier time limits
4 Racks (2 spaces wide, 2 high)
7
Dinghy Storage for Offshore Mooring Permittees — Phase t
December 9, 2003
Page 8
Appendix B •
Public Pier Time Limits
Fernando Street
Bulkhead
72 Hours
72 Hours
20 Minutes Pump Out
■
20 Minutes
I5u', I9`" & Coral Streets
Bulkhead
72 Hours 1 1 72 Hours
2 Hours I No Pump Out
20 Minutes
2 Hours
2 Hours
Dinghy Storage for Offshore Mooring Permittees — Phase t
December 9, 2003
Page 9
• Appendix C
Municipal Code Changes
Once Phase I is approved, the Municipal Code sections below will need to be updated.
Municipal code 17.28.010, Maintenance of Public Piers — Regulations
"Public piers and other harbor facilities may be maintained by the City for the purpose
of loading and unloading passengers, supplies, and boating gear and for similar
purposes. It is the policy of the City to maintain such facilities in a manner that will
permit the greatest public use and avoid continuous occupancy, congestion or
blocking thereof. Where necessary to achieve public use and avoid extended
occupancy, congestion or blocking thereof, the City Manager is authorized and
directed to oost signs limiting the time durina which a vessel may be docked or
minutes except that a four -hour limit is imposed on the Rhine Wharf Park, subject to
the following conditions..."
Municipal Code 17.16.020 (A, B & D), Boat Launching and Hauling. This affects the Balboa
Yacht Basin. Current regulations do not allow for launching vessels from docks.
"No person shall launch or remove any vessel from the waters of Newport
Harbor over any public seawall, sidewalk, street end or public property, except
• at locations where a regular business of launching and hauling vessels is conducted
or at launching sites designated by resolution of the City Council.
The following regulations shall apply to the use of boat launching sites as
designated by the City Council, and any person violating any of said regulations shall
be guilty of a misdemeanor:
A. Said boat launching locations may be used only between the hours of
eight a.m. and eight p.m., unless otherwise specified by resolution of the City
Council.
B. The use of motors on any vessel or watercraft being launched or
recovered shall not be permitted within two hundred (200) feet of such launching
sites unless otherwise specified by resolution of the City Council.
D. No trailers, dollies, rollers, or other mechanical devices maybe used for
purposes of launching any vessel or watercraft at said locations, or for transporting
them on beaches. (Ord. 2002 -18 (part), 2002)"
•
I
Dinghy Storage for Offshore Mooring Permittees — Phase I
December 9, 2003
Page 10
Appendix D •
Frequently Asked Questions (FAQ)
Prepared by the Newport Mooring Association
Why do we need this now? This has never been an issue before? Why
change?
Answer:
Many mooring permit holders now have very limited or no access to their vessels.
Often it is necessary for them to park, unload an inflatable from the car or truck,
pump it up, port it across the beach, then launch it in order to get to their vessel
on a mooring. In addition, current codes restrict public dock use to 20 minutes.
This time limit prevents mooring permit holders from leaving their dinghy to go
ashore, even briefly. There are very few dinghy storage facilities on shore.
This proposal is to alleviate this situation and thereby provide a more 'boater
friendly harbor' for mooring permit holders and visitors. It is consistent with and
responsive to Goal HB -2, Public Access of the Harbor and Bay Element (of the
General Plan): "To maintain and enhance public access to the Harbor water and
waterfront areas." The proposal directly responds to Implementation Strategy 4:
"Provide adequate landside and waterfront access to anchorages, offshore and •
onshore moorings through dinghy launch, dinghy storage and public parking
facilities throughout the Harbor."
2. Who is going to pay for these facilities?
Answer:
The users will pay for the cost of the proposed facilities. The cost of these
facilities will be returned to the city by means of a dinghy mooring permit which
will be issued to offshore mooring permit holders upon payment of an additional
fee when they get their annual mooring permit. This fee will pay for the costs of
installing and maintaining the proposed facilities.
The dinghy mooring permit will be shown by an official sticker affixed to the
dinghy and will be accompanied by a list of rules and regulations. These rules
and regulations will specify conditions of facility use, requirements for dinghy
maintenance and penalties for misuse of the facilities. Newport Mooring
Association will provide continuing education on the rules and regulations.
'v
11
Dinghy Storage for Offshore Mooring Permittees — Phase I
December 9, 2003
Page 11
• 3. How is the City going to police these facilities and the dinghies parked
there, to make sure that they are maintained in a clean and orderly way?
Answer:
The Harbor Patrol and City staff will provide surveillance and enforcement of the
rules and regulations. Having these regulations in place and the identity of the
stickers available, staff will be able identify and correct problems quickly.
4. What happens when a dinghy gets loose? Who do I call to correct the
misuse of these facilities, negligence or errant vessels?
Answer:
Harbor Resources will be responsible for enforcing misuse of the facilities. The
Harbor Department will be responsible for any errant vessel issues.
5. Where are they going to park? What are the hours of access?
Answer:
Parking will be on the public streets where normally permitted. There is no
change in this. Access will be 24 hours.
6. How big of a dinghy and how many dinghies will be authorized to use the
facilities?
• Answer:
Dinghy length will be limited to 11 feet. One dinghy mooring permit will be issued
for each offshore mooring permittee.
What is the City going to do about pump out access? What keeps the
boaters from using the bay?
Answer:
Pump out access at the public dock (Fernando) will not be affected by this
proposal. The 20 minute time limit for the bayward side of the pump out dock will
remain the same. There will be a 20 minute time for the side that has the pump
out. The other side will be 2 hours. For non -pump out docks, the bayward side
will be 20 minutes and two sides will be changed to 2 hours. On the upland side
for both pump out and non -pump out docks, the time will be 72 hours. The Harbor
Patrol will monitor the upland sides of the dock for overcrowding and permanent
locks and cables.
8. 1 just paid $3 million for my house. Can I get a dinghy dock permit?
Answer:
Dinghy mooring permits will be available to offshore mooring permittees only.
•
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