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Home My WebLink About03 - Establish a Trial Anchorage Area West of Lido Isle�EWPR CITY OF T - z NEWPORT BEACH <,FoR�P City Council Staff Report May 9, 2017 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Chris Miller, Harbor Manager, cmiller@newportbeachca.gov PHONE: 949-644-3043 TITLE: Establish a Trial Anchorage Area West of Lido Isle — Harbor Commission Recommendation ABSTRACT: The Harbor Commission recommends the City Council establish a temporary, trial anchorage area in the Turning Basin west of Lido Isle during the 2017 summer boating season, to augment the existing, permanent anchorage area east of Lido Isle. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 and Section 15304 (minor alterations), Section 15060 (no direct physical change in the environment); and Section 15061 because it has no potential for causing a significant effect on the environment; and b) Adopt Resolution No. 2017-33, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Establishment of a Temporary Trial Anchorage in the Newport Harbor Turning Basin. FUNDING REQUIREMENTS: This action item requires minimal funding to deploy four buoys with weights and associated hardware. Estimated costs to establish this temporary anchorage is approximately $2,000 funded from the existing Public Works — Harbor Resources 2016- 17 operating budget. DISCUSSION: Over the years, the Harbor Commission has noted that an additional anchorage in Newport Harbor could better serve the boating public as either a short term, long term or an as -needed basis. With the recent requests from several larger visiting vessels, the Harbor Commission added the anchorage concept to its yearly City Council approved Objectives. 3-1 Establish a Trial Anchorage Area West of Lido Isle — Harbor Commission Recommendation May 9, 2017 Page 2 Newport Harbor currently has one permanent anchorage area located between the eastern tip of Lido Isle and the western side of Bay Island (Attachment A). This area provides a free, five day option for boaters to visit Newport Beach. Otherwise, additional options include: (1) renting an available mooring ($17/winter-night, $27/summer-night), (2) renting a guest slip at the County's Harbor Patrol docks (—$40/night), or (3) renting a slip at Marina Park (—$60/night). In addition to providing visitor serving access, as well as a designated area to anchor for an afternoon on the water, the existing anchorage provides safe refuge for boaters traversing the coast during inclement weather. During the boating season, it is heavily used and at times overcrowded. Currently, the Harbor Patrol maintains the existing anchorage area, and monitors its use on a daily basis. The Harbor Commission feels that an additional Turning Basin anchorage would augment the existing anchorage when demand is high and would allow boaters to experience a different part of the harbor. A Turning Basin anchorage, coupled with the upcoming Central Avenue public dock, will provide an important public access point in an otherwise underserved part of the harbor. In addition, there are times during the year when the adjacent Newport Harbor Yacht Club mooring area is temporarily removed to allow a wide open area for regattas such as the Sabot Nationals. In this case, the anchorage may close, and the anchored vessels would be directed to the Turning Basin. During 2015 and 2016 summers, the City Council approved a Harbor Commission recommended Turning Basin trial anchorage and configuration (Attachment B) to test the concept. After those trials, the Harbor Commission reviewed the program and now recommends a third trial to gauge the overall effectiveness either as a potential year round or as a partial as -needed concept. Newport Beach Municipal Code Section 17.05.070 provides for the establishment of anchorage areas in Newport Harbor by the City Council with the recommendation of the Harbor Commission. Additionally, staff and the Harbor Commission have consulted with the U.S. Coast Guard regarding the proposed anchorage area. Public comments received over the past trial anchorages focused on the potential of increased noise from raft -ups (defined as two or more vessels tied together), and unchecked party -like behavior. Except for a couple isolated incidents, the previous trials were successful. However, the Harbor Commission reviewed potential conflicts with the Harbor Patrol, and the Commission recommends applying the same rules and procedures with this trial anchorage during the summer 2017: 1. The anchorage configuration shall be in the same Council approved configuration as before, but adaptable to unforeseen conditions as they might arise. 2. The Harbor Patrol or City will drop dye tablets into the boater's holding tanks at both anchorages. Boater compliance will be voluntary until such time if/when the Newport Beach Municipal Code is revised to reflect mandatory compliance. 3. No raft ups allowed (defined as two or more vessels tied together). 4. Vessel generators would not be permitted between 10 p.m. and 7 a.m. 3-2 Establish a Trial Anchorage Area West of Lido Isle — Harbor Commission Recommendation May 9, 2017 Page 3 5. The Harbor Patrol or City will maintain statistics on both anchorages to include: a. Number of vessels used at each anchorage (daily and nightly). b. Home port of each vessel, if available. c. Number of calls and response data (noise/nuisance violation etc...) A welcome flyer will be distributed to each visitor similar to the 2016 flyer. (Attachment C). ENVIRONMENTAL REVIEW: Staff recommends the City Council find the approval of this resolution exempt from the California Environmental Quality Act ("CEQA") pursuant to: (1) Section 15303 because it involves the construction and location of limited numbers of new small facilities, which are four buoys with weights and associated hardware; (2) Section 15304 minor alteration of water in Newport Harbor through the placement of a temporary anchorage area; (3) Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); and (4) Section 15061(b)(3) because it has no potential for causing a significant effect on the environment, of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Vicinity Map Attachment B — Anchorage Configuration Attachment C — 2016 Trial Anchorage Flyer Attachment D — Resolution Authorizing the Establishment of a Temporary Trial Anchorage in the Newport Harbor Turning Basin 3-3 TURNING BASIN 0 1( ct� O Q LIDO PENINSULA taanna Pada EW'PORT PIER �as tTA -I-,_. Party 1,J LINDA ISLE ATTACHMENT A HARBOR ISLAND N,6ivp COLLINS LIDOB A y ISLAND ISLE ISLAND VICINITY MAP CITY OF NEWPORT BEACH EXISTING ANCHORAGE (EAST OF LIDO ISLE) & PUBLIC WORKS DEPARTMENT PROPOSED ANCHORAGE (WEST OF LIDO ISLE) 05/09/2017 3-4 Citv of NeWDort Beach f TRIAL ANCHORAGE NOTICE - We need your help! Thank you for using the temporary "Western Anchorage." Recently, the Newport Beach City Council approved this western anchorage as a trial program for the 2016 summer season, with the possibility of it becoming permanent at a later date if it succeeds. The existing "East Anchorage" between Lido Isle and Bay Island will remain in the harbor regardless of the outcome of this trial. The purpose of the western anchorage trial is to solicit feedback from anchorage and harbor users, local residents and businesses. We ask that you please keep the following key concerns in mind while using the anchorage: NOISE AFFECTING NEARBY RESIDENTS: This is a big concern from residentswho live around the anchorage. Please remember the Western Anchorage rules: No rafting of vessels, no amplified music, no loud parties, and no loud generators. In addition, generators must be turned off between 10 p.m. and 7 a.m. BOATS ANCHORED/SWINGING OUTSIDE THE ANCHORAGE BOUNDARIES: Please stay within the anchorage area defined by the four corner buoys so as to not block channel traffic or to reduce the navigational areas around slips. SEWAGE AND OTHER WASTE PRODUCTS: You must use a holding tank! Please keep galley waste etc. to a minimum. The U.S. Coast Guard or Orange County Harbor Patrol may board your boat at any time to inspect your waste system or to drop dye tablets. LIGHT POLLUTION: Please keep your exterior lighting to a minimum, except for your anchor light. No underwater flood lights, bright deck lights, etc. We need your feedback! How do you like the anchorage configuration? Could its location, layout or size be improved? Please email me your thoughts. Chris Miller Harbor Manager cmiller@newportbeachca.gov Please remember: You are in a residential neighborhood. This is a designated quiet anchorage. Report any safety or noise concerns to the Orange County Harbor Patrol: (949) 723-1002 Attachment D RESOLUTION NO. 2017-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A TEMPORARY TRIAL ANCHORAGE IN THE NEWPORT HARBOR TURNING BASIN WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City") vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitutions, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, the City is governed, in part, by its Charter, Municipal Code, and adopted City Council Policies; WHEREAS, Newport Harbor is one of the largest recreational yacht harbors in the United States, and its waters and shoreline support a wide variety of commercial, recreational and residential uses, and scenic and biological resources; WHEREAS, Newport Harbor has an existing vessel anchorage area east of Lido Isle which is free to the boating public, and is managed by the Orange County Harbor Patrol; WHEREAS, the existing anchorage area is well used throughout the summer boating season, and at times can become overcrowded; WHEREAS, the Harbor Commission studied the potential for adding an additional anchorage area in the Turning Basin west of Lido Isle to augment the existing anchorage area during heavy use or when the existing anchorage area might be temporarily cleared during major regattas; WHEREAS, the Harbor Commission previously recommended trials during the summer months of 2015 and 2016, and the City Council approved and implemented those trials; WHEREAS, the trial anchorages in 2015 and 2016 were successful, but the Harbor Commission is recommending an additional trial to better gauge the use or potential permanent seasonal use of an anchorage area in the Turning Basin; WHEREAS, the Harbor Commission recommends the City Council approve the installation of a temporary, trial anchorage area west of Lido Isle during summer 2017 (May 26 to September 17), and that it be configured per the 2016 City Council approved configuration as depicted on the attached exhibit, and that the anchorage area be at least two hundred fifty feet (250') from berthed vessels along the shore, and that no raft -ups be allowed; and WHEREAS, Newport Beach Municipal Code Section 17.05.070 authorizes the City Council to establish an anchorage area upon recommendation of the Harbor Commission. 3-7 Resolution No. 2017 - Page 2 of 3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby approves the installation of a temporary trial anchorage in the Turning Basin during summer 2017 (May 26 to September 17) as recommended by the Harbor Commission and as depicted on the attached Exhibit A, which is incorporated by reference herein. The duration of this anchorage area may be extended one (1) time upon the written direction of the Harbor Resources Manager for up to one (1) month. Section 2: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 4: Staff recommends the City Council find the approval of this resolution exempt from the California Environmental Quality Act ("CEQA") pursuant to: (1) Section 15303 because it involves the construction and location of limited numbers of new small facilities, which are four buoys with weights and associated hardware; (2) Section 15304 minor alteration of water in Newport Harbor through the placement of a temporary anchorage area: (3) Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); and (4) Section 15061(b)(3) because it has no potential for causing a significant effect on the environment, of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 5: The Mayor shall sign and the City Clerk shall certify the vote adopting the passage of this resolution. 3-8 ADOPTED this 9th day of May, 2017. Kevin Muldoon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY -ATTORNEY'S OFFICE. Aaron C. Harp ,sw•y�,tn City Attorney Resolution No. 2017-_ Page 3 of 3 Attachment: Exhibit A — 2016 City Council Approved Configuration 3-9 Exhibit A 3-10 3-11