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HomeMy WebLinkAbout07 - Proposed Harbor Speed Limit ExceptionsPORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN May 8, 2018 Agenda Item No. 7 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 Resources Manager, cmiller@newportbeachca.gov PHONE: 949-644-3043 TITLE: Proposed Harbor Speed Limit Exceptions ABSTRACT - The Harbor Commission is recommending that the Municipal Code relating to speed limits in the harbor have exceptions for human or wind powered vessels for events such as sailing regattas, races and practices as well as exceptions for support vessels to those human or wind powered vessels during those events. However, before the Municipal Code is changed, the State Parks Division of Boating and Waterways must be consulted for comments before any speed limits in the state can be changed. Staff is requesting approval from City Council to forward the proposed harbor speed limit exceptions to the state for review. Depending on the outcome of that review, staff will return later with a proposed Ordinance for review. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Authorize staff to forward the City's proposed exceptions to the harbor speed limit within City tidelands to the State of California for review and comments. Staff will return later for formal adoption. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION - Amending the Newport Beach Municipal Code to allow exceptions to the speed limit for certain events has been a goal of the Harbor Commission since 2008. At the time, significant public input was received in support of such a change, and the Harbor Commission has subsequently kept this as one of their Objectives for the past several years. 7-1 Proposed Harbor Speed Limit Exceptions May 8, 2018 Page 2 The intent of the exceptions is to allow human powered craft or wind powered vessels to travel at speeds above five nautical miles per hour over City tidelands under certain conditions such as races and practices via a City issued permit. In addition, support vessels during these events would also be permitted to travel in excess of the speed limit. However, no vessels may operate in an uncontrolled, un -seamanlike manner or at a speed that endangers the safety of persons or property. Please see Attachments A and B for proposed draft Municipal Code changes. The County of Orange was consulted during the process, and aside from some operational concerns that staff can address, they conceptually agreed that the City could change the speed limit over City tidelands. However, the County would retain its speed limit rules (five miles per hour) over County tidelands. Before the City Council formerly reviews and approves an ordinance to allow exceptions to the speed limits, the State Parks Division of Boating and Waterways must also be consulted for comments. Staff is seeking City Council approval to forward the proposed changes to the state for review. After comments are received and evaluated, staff may return to the City Council for a Municipal Code change later. Staff anticipates the process outlined above to take some time, but to be in place by the end of 2018. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) 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 — Newport Beach Municipal Code (various sections — redline, DRAFT) Attachment B — Newport Beach Municipal Code (various sections — clean, DRAFT) Attachment C — Map of City and County Tidelands 7-2 Attachment A 17.01.030 Definition of Terms. H. Definitions: H. 4. Harbormaster. The term "Harbormaster" shall mean the Commander of the Orange County 'her Operations�� Harbor Patrol/MarineHarbormaster of the City of Newport Beach, or his or her designee, Or S, GGess„r entit R. Definitions: V. 1. Vessel. The term "vessel" shall mean and include every description of watercraft used or capable of being used as a means of transportation on water. This includes all vessels of any size home -ported, launched/retrieved, or visiting in Newport Harbor, arriving by water or land, and registered or unregistered under State or Federal requirements, except a seaplane on the water. a. Human Powered Vessel. The term "human Dowered vessel" shall mean a vessel that is being propelled by the human body through the use of oars, paddles, or the like and without the use of wind, a motor. or other machinerv. b. Wind Powered Vessel. The term "wind powered vessel" shall mean a vessel that is being propelled by the wind through the use of sails and without the use of a motor or other machinery. 17.20.020 Vessel Operation. A. Speed Limit. No owner, operator or person in command of any vessel, except a public officer or employee in the performance of his or her duty, shall operate the same or permit the same to be operated in any portion of Newport Harbor or the water in the present or prior channel of the Santa Ana River within the City at a rate of speed in excess of five nautical miles per hour, or at any speed which creates a wake that may cause damage to moorings of vessels or floating structures, except as hereinafter provided. 17.20.070 Vessel Races. A. The Harbormaster may issue a permit to a person, as defined in Code Chapter 17.01, or any successor chapter, that would allow individuals operating a human powered vessel, wind powered vessel, or vessel providing support services to a human or wind powered vessel as part of the person's special event (e.g., race) or organized practice to exceed the speed limit provided in Code Subsection 17.20.020(A), or any successor subsection. Notwithstanding the foregoing, no person shall operate any vessel in an unsafe, uncontrolled, or un -seamanlike manner, and in no event at a speed that endangers the safety of persons or property. B. The Harbormaster has discretion to determine if a permit shall be associated with a single event or multiple events; however, no permit shall be valid for more than six (6) months from the date of issuance. 7-3 C. Permits issued under this section are non-transferrable and shall be in addition to anv license. Dermit or fee reauired under this Code or anv other provision of law. D. The Harbormaster may impose conditions on a permit to protect persons and property and to assure that the activity allowed under the permit will not create a nuisance or interfere with the reasonable use of Newport Harbor by other vessels or persons. At a minimum, every permit issued under this section shall be conditioned to require permittees to: (1) obtain, provide, and maintain at their own expense, for the full period of time for which the permit is granted, policies of insurance with such limits and coverage as established by the City Risk Manager that clearly identify the activity and vessels, covered; (2) indemnify, defend and hold harmless the City, County of Orange, and the State of California for all liability, injury or damage that relates to or arises from permittee's event/activity; and (3) comDly with this Code. California Harbors and Naviaation Code. and the Federal Inland Navigation Rules. E. Any permit issued under this section may be immediately revoked at any time, without notice, by the Harbormaster, if: (1) the permittee fails to comply with the conditions contained within the permit; (2) an individual participating in the permittee's special event or organized practice operates a vessel in an unsafe, uncontrolled, or un -seamanlike manner or at a speed that endangers persons or property; or (3) an individual participating in the permittee's special event or organized practice fails to comply with the lawful instructions of the Harbormaster, or any other person authorized by the City to enforce rules and regulations within Newport Harbor. F. Any decision of the Harbormaster under this section may be appealed pursuant to Code Chapter 17.65, or any successor chapter. 17.65.010 Authorization. A. Decisions of the Harbor Resources Manager resulting from the Manag ,his or her administration of this Code may be appealed to the Harbor Commission by any interested person. B. Decisions of the Harbormaster resultina from his or her administration of this Code may be appealed to the Harbor Commission by any interested person. BC. Decisions of the Harbor Commission may be appealed to the City Council by any interested person. SD. A member of the Harbor Commission, acting in their official capacity, may call for review, to the Harbor Commission, decisions of the Harbor Resources Manager resulting from the Harbor Resources Manager or Harbormaster's administration of this Code. The purpose of the call for review is to bring the matter in front of the entire body for review. 7-4 DE. A member of the City Council, acting in their official capacity, may call for review, to the City Council, decisions of the Harbor Commission. The purpose of the call for review is to brina the matter in front of the entire bodv for review. 7-5 Attachment B 17.01.030 Definition of Terms. H. Definitions: H. 4. Harbormaster. The term "Harbormaster" shall mean the Harbormaster of the City of Newport Beach, or his or her designee. R. Definitions: V. 1. Vessel. The term "vessel" shall mean and include every description of watercraft used or capable of being used as a means of transportation on water. This includes all vessels of any size home -ported, launched/retrieved, or visiting in Newport Harbor, arriving by water or land, and registered or unregistered under State or Federal requirements, except a seaplane on the water. a. Human Powered Vessel. The term "human powered vessel" shall mean a vessel that is being propelled by the human body through the use of oars, paddles, or the like and without the use of wind, a motor, or other machinery. b. Wind Powered Vessel. The term "wind powered vessel" shall mean a vessel that is being propelled by the wind through the use of sails and without the use of a motor or other machinery. 17.20.020 Vessel Operation. A. Speed Limit. No owner, operator or person in command of any vessel, except a public officer or employee in the performance of his or her duty, shall operate the same or permit the same to be operated in any portion of Newport Harbor or the water in the present or prior channel of the Santa Ana River within the City at a rate of speed in excess of five nautical miles per hour, or at any speed which creates a wake that may cause damage to moorings of vessels or floating structures, except as hereinafter provided. 17.20.070 Vessel Races. A. The Harbormaster may issue a permit to a person, as defined in Code Chapter 17.01, or any successor chapter, that would allow individuals operating a human powered vessel, wind powered vessel, or vessel providing support services to a human or wind powered vessel as part of the person's special event (e.g., race) or organized practice to exceed the speed limit provided in Code Subsection 17.20.020(A), or any successor subsection. Notwithstanding the foregoing, no person shall operate any vessel in an unsafe, uncontrolled, or un -seamanlike manner, and in no event at a speed that endangers the safety of persons or property. B. The Harbormaster has discretion to determine if a permit shall be associated with a single event or multiple events; however, no permit shall be valid for more than six (6) months from the date of issuance. 7-6 C. Permits issued under this section are non-transferrable and shall be in addition to any license, permit or fee required under this Code or any other provision of law. D. The Harbormaster may impose conditions on a permit to protect persons and property and to assure that the activity allowed under the permit will not create a nuisance or interfere with the reasonable use of Newport Harbor by other vessels or persons. At a minimum, every permit issued under this section shall be conditioned to require permittees to: (1) obtain, provide, and maintain at their own expense, for the full period of time for which the permit is granted, policies of insurance with such limits and coverage as established by the City Risk Manager that clearly identify the activity and vessel(s) covered; (2) indemnify, defend and hold harmless the City, County of Orange, and the State of California for all liability, injury or damage that relates to or arises from permittee's event/activity; and (3) comply with this Code, California Harbors and Navigation Code, and the Federal Inland Navigation Rules. E. Any permit issued under this section may be immediately revoked at any time, without notice, by the Harbormaster, if: (1) the permittee fails to comply with the conditions contained within the permit; (2) an individual participating in the permittee's special event or organized practice operates a vessel in an unsafe, uncontrolled, or un -seamanlike manner or at a speed that endangers persons or property; or (3) an individual participating in the permittee's special event or organized practice fails to comply with the lawful instructions of the Harbormaster, or any other person authorized by the City to enforce rules and regulations within Newport Harbor. F. Any decision of the Harbormaster under this section may be appealed pursuant to Code Chapter 17.65, or any successor chapter. 17.65.010 Authorization. A. Decisions of the Harbor Resources Manager resulting from his or her administration of this Code may be appealed to the Harbor Commission by any interested person. B. Decisions of the Harbormaster resulting from his or her administration of this Code may be appealed to the Harbor Commission by any interested person. C. Decisions of the Harbor Commission may be appealed to the City Council by any interested person. D. A member of the Harbor Commission, acting in their official capacity, may call for review, to the Harbor Commission, decisions of the Harbor Resources Manager resulting from the Harbor Resources Manager or Harbormaster's administration of this Code. The purpose of the call for review is to bring the matter in front of the entire body for review. E. A member of the City Council, acting in their official capacity, may call for review, to the City Council, decisions of the Harbor Commission. The purpose of the call for review is to bring the matter in front of the entire body for review. 7-7 i _ T NEWPORT SHORES �sT 15TH ST W G o 4NTA ANA \ QQO d 'VER JETTY W < P� Tidelands Survey _ Newport Harbor z City of Newport Beach z sT NORTH Q STAR O BEACH Y. n 1919 Boundary 1919 Conflicting Boundary (Stomas of 1919, pg 1133) �e\\ - e**� 1919 Conflicting Boundary (-P---p-1y9,19 68) O TURN ``� 9 `\�� (,y \\BAS l i Ocean Shore Line (Per Mnexation D«vments/SCC 59376) Ordina ry High Tide l-Rerord `AA T ��� F eI Ordinary High Tide Llne 119581 INSULA ORT ; O LINBALBOA lS LI$b I AND jr . ___ — _ ; , Coumy Tideland Boundary Q -zzARK _ �ry�Q Finley Meander Line (1889) 2012 Revised Boundary Une (M.— P-) g \ 2 � Q .1 �. CHANNEL ry Wildlife Preserve Boundary \ Bolhhead 0950 USACE Harbor Sarvey) �Q P'erhead (1950USACEH--Survey) NEWPOR Manaa'na Anency PIER Cry of Newpen Beach Tidelands 8 Submerged Lands in Newpan Bay Istahne, of 1919, Ch d9d p9 1011 8 StrnNes of 191 Ch 70 pg 1351 Tidelands, Submerged Lands & Filled Lands bordering upon, in and under Me Pacific Ocean (Staptez of 1929, Ch 813 pg 1704) - Filled Tidelands - Fee Tide to Upland Property Waterways Dedicated or Reserved for same (SB 573, 1997) - 1998 Trust Additions roomy of Orange Tidelands 8 Submerged Lands in Newpan Bay - Filled Tidelands - Fee Tide to Upland Property Btale of California State Pork Beaches N - State Highways WE Federally Owned - Property Conveyed by CRY to US Governmesn S Confliding Title/Designation - (1) Tidelands in ores of u.1— 1919 Boundary definition 0 0.25 0.5 (2) Harbor Island Tidelands Miles (3) Bay Island Waterway sT NORTH Q STAR O BEACH Y. n PACIFIC OCEAN THE WEDGE Attachment C F FASHION y ISLAND O J� 2i F G O 0 P P 2 �O r\P Z \ QVC O OC G i m BIG O '/> CORONA m ti i� LITTLE j CORONA Date: 11/25/2014 Name: TidelandsSurvey_1 l%17_2014 7-8 NEWPORT DUNES /LIN ISL l )O ��� F T� ISLA -.. INSULA ORT ; O LINBALBOA lS LI$b I AND jr . ___ — _ ; , BAY W ISLE ISLAND— � -, a r A� \ y. -zzARK _ Q \\ i � aJ '-B-.�L60A--ISLAND-' � g \ 2 � Q .1 �. CHANNEL Q�T EAST � PACIFIC OCEAN THE WEDGE Attachment C F FASHION y ISLAND O J� 2i F G O 0 P P 2 �O r\P Z \ QVC O OC G i m BIG O '/> CORONA m ti i� LITTLE j CORONA Date: 11/25/2014 Name: TidelandsSurvey_1 l%17_2014 7-8