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HomeMy WebLinkAbout05 - Vessel or Trailer Storage on BeachesMarch 22, 1999 Agenda Item No. 5 ORDINANCE NO. 99 -6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 17.16.021 OF CHAPTER 17.16 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO VESSEL OR TRAILER STORAGE ON BEACHES The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Section 17.16.021 of the Newport Beach Municipal Code, Title 17, Chapter 17.16, is amended as follows: "17.16.021 NBMC Vessel or Trailer Storage on Beaches Prohibited - Exceptions. No person shall store any vessel, watercraft, trailer or other similar object on any public beach in the City except as provided in Subsection A. As used in this section, the term "store" shall mean to leave or permit to remain unattended for an extended period of time and not in the possession or control of the owner or user. A. Vessels, watercraft and equipment directly related to the use of the vessel or watercraft (related equipment) may be stored on a public beach as follows: 1. Any vessel(s), watercraft. and /or related equipment owned and maintained by the City or its subcontractors which is (are) used in conjunction with recreation programs offered by the City; 2. Any vessel(s), watercraft and /or related equipment that can not feasibly be berthed or moored at a privately owned pier or mooring and is (are) used by a non - profit corporation for non - commercial purposes provided a Vessel Storage License has been approved by the City Council. Vessel Storage Licenses shall be approved only if there is substantial evidence that the 1 License would not adversely affect the health, safety, or welfare of those who use, enjoy or own property near the waters of Newport Bay. Vessel Storage Licenses are subject to the following standard conditions as well as any additional conditions imposed by the City Council: (a) The Licensee shall not cause or permit any unreasonable noise that would adversely affect the use or enjoyment of public or private property in the vicinity of the vessel, watercraft or equipment; (b) The Licensee shall not engage in, or permit, any activity that unreasonably interferes with the use of the beach or adjoining waters by the public; (c) The Licensee shall not cause or permit any activity that pollutes any public or private property of the waters of Newport Bay; (d) The License may be revoked by City, without cause, at any time, upon thirty (30) days written notice to the Licensee. 3. Any vessel for which a mooring permit has been issued by the City pursuant to Chapter 17.22 provided the vessel remains on the beach only to the extent necessary to load or unload." B. A License issued pursuant to this Chapter is personal to the Licensee and may not be transferred or assigned to any other person without the express written consent of the Newport Beach City Council. The Newport Beach City Council may grant or withhold consent in its sole discretion. SECTION 2: That if any section, subsection, sentence, clause or phrase of this Ordinance 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 Ordinance. The City `a Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, sub - sections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 8th day of March, 1999, and adopted on the 22nd day of March, 1999, by the following vote, to -wit: 1] ATTEST: CITY CLERK i AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT, COUNCILMEMBERS u_ •: 3 VESSEL STORAGE LICENSE This Vessel Storage License (License) made and entered into this _ day of 1999, by and between the City of Newport Beach, a Municipal corporation (hereinafter referred to as "CITY "), and Imua Outrigger Canoe Club (hereinafter referred to as "CLUB "), is made with reference to the following: RECITALS A. The CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as is now being conducted under the statutes of the State of California and Charter of the CITY. B. CLUB is a well -known non - profit outrigger canoe club that has existed and flourished in the CITY for many years. They have used and launched from many different CITY locations and have conducted themselves without significant problems or impacts to the health, safety or welfare of those who use the public beaches or the surrounding residents. C. CLUB has made diligent good faith efforts to store their canoes and equipment at other sites throughout the CITY but to no avail. D. The CITY and CLUB agree that there is substantial evidence that there will be no adverse affect on the health, safety or welfare of those who use, enjoy or own property near the waters of Newport Bay, based upon the terms and conditions set forth in this License. E. The CITY and CLUB desire to enter into a Vessel Storage License for the public beach at North Star Beach, next to the Newport Aquatic Center ( "NAC "), upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties, as follows: 1. Term The term of this License shall commence when executed by the Parties and the initial term shall continue until the following October 31St . Thereafter, the term shall be from November 1st to October 31St and shall be automatically renewed unless earlier terminated or either party gives written notice of termination to the other on or before September 30th of then current term. 2. Parkin A. CLUB members shall use their best efforts to "shuttle" to North Star Beach using the Westcliff Park parking lot or locations on Polaris Drive. When CLUB 1 of 5 • members use the North Star Beach parking lot, they shall use only the designated "public" spaces and only during posted hours of operation. At no time shall CLUB participants park on North Star, Morning Star, or Evening Star lanes. B. At no time shall CLUB members drive upon or park upon the sand southerly of the NAC parking lot. CLUB members must carry the outrigger canoes to the canoes' storage area. 3. Hours of Use A. CLUB's "primary use hours" shall be between 5:30 p.m. and dusk on weekdays and between 8:00 a.m. and 1:00 p.m. on weekends. B. If CLUB wishes to change its primary use hours, it must seek and obtain written permission from the City Manager. C. The term "Primary Use Hours" is defined as the time period within which two (2) or more 6- person outriggers are in use by CLUB members. 4. Beach Storage /Maintenance A. During the term of this License, CLUB may store up to 5 6- person outriggers, 6 1- person outriggers, and two lengths of hose on the sand at North Star Beach during the period from February 15 through October 31. If CLUB is teaching outrigger classes for the CITY (per 7B), it may store up to three canoes on North Star Beach between October 31 and February 14. B. CLUB shall not store any equipment or material (such as tools, boxes, and trailers) on the sand/beach at North Star Beach other than that specified in Subsection 4A. C. Outrigger canoes described in 4A shall not be stored less than 180' from the edge of the parking lot at the Newport Aquatic Center. D. With permission of NAC, CLUB may utilize the water connection and /or spigot at the NAC to wash /rinse the outriggers. Pursuant to Subsection 4E, CLUB must re -rack the hose when not in use. E. CLUB shall use its "best efforts" to maintain the sand /beach area around its outrigger storage area in as clean and as "pristine" an environment as possible at all times. F. CLUB shall operate and store its outriggers in a manner that does not impede the work of the CITY's General Services Department when General Services must either maintain the beach, maintain any debris booms in the area, or restore sand after storms. 2 of 5 5. Outrigger Maintenance 0 A. No maintenance involving materials toxic or harmful to the Bay or wildlife shall be performed on the beach. All fiberglass repair, painting, sealing, and similar activities shall be done off -site to avoid any adverse environmental impact. 6. Good Neiqhbor Policy A. Upon request of the Dover Shores HOA or the NAC Executive Director, CLUB shall use its "best efforts" to designate a CLUB member to attend any meeting called by the HOA or the NAC to discuss any activity or concern relating to CLUB's presence at North Star Beach. B. CLUB shall notify the Director of Community Services in writing at least ninety (90) days before any special event sponsored or supported by CLUB that may impact the beach, parking lot, parking on Polaris Drive, nearby residents or NAC and obtain all necessary and required permits for all such events. 7. Canoeing Classes A. Given NAC's role and use permit, the CITY shall use the NAC as the primary provider of outrigger canoe classes for adults, juniors, and children. The CITY may use CLUB as a secondary provider of outrigger canoe classes for adults. B. In the event that the NAC chooses not to provide outrigger canoe classes during any class term, the CITY shall so notify CLUB in writing not less than four (4) months prior to a new term. If CLUB seeks to provide these classes upon notice by the CITY, CLUB shall provide them according to procedures defined by the Department of Community Services. If CLUB provides outrigger classes in the winter, this License authorizes them to store up to three canoes at North Star pursuant to Subsection 4A. 8. Indemnification and Insurance A. CLUB shall maintain at least one million dollars ($1,000,000) in Commercial General Liability combined single limit per occurrence insurance during the term of this License. B. CLUB's insurance policies shall include both the City and NAC as an "additional insured" for General Liability. CLUB shall furnish CITY with certificates of insurance showing of the type, amounts, class of operations coverage, effective dates and date of expiration of insurance coverage. Such certificates, which do not limit CLUB's indemnifications, shall also contain substantially the following statement: "Should any of the above insurance covered by this Certificate be canceled or coverage reduced before the expiration date thereof, the insurer afforded coverage shall provide thirty (30) days advanced notice to 3 of 5 . the City of Newport Beach, by certified mail, to the Risk Manager and Recreation Manager." CLUB shall maintain in force at all times during the Use License all appropriate coverage of insurance required by this License with an insurance company that is acceptable to CITY and licensed to do insurance business in the State of California. C. CLUB shall indemnify, defend and hold harmless the CITY, its officers, employees and agents, with respect to any loss, liability, injury or damage that arises out of, or is in any way related to, the acts or omissions of CLUB, its employees, officers and agents in the performance of any activity, function or duty authorized by, or required under the terms of this License. CLUB shall not be required to indemnify the CITY in connection with the sole negligence or willful acts or omissions of the CITY its officer, agents or employees. D. CLUB shall properly insure for loss or damage to outriggers stored at North Star Beach under the terms of this License. 9. Violations of Operating License A. This License may be revoked by the CITY, without cause, at any time, upon thirty (30) days written notice to the CLUB. 10. Prohibition Against Transfers CLUB shall not assign, sublease, hypothocate, or transfer this License or any interest therein directly, or indirectly, by operation of law or otherwise. Any attempts to do so without consent shall be null and void, and any assignee, sublessee, hypothocate, or transfer use shall acquire no right or interest by reason of such attempt at assignment, sublease, hypothecation or transfer. 11. Permits and Licenses CLUB, at its sole expense, shall obtain and maintain during the term of this License, all appropriate permits, licenses, and certificates that may be required in connection with this Use License. 12. Compliances CLUB shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by the CITY. 13. Waiver A waiver by the CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 4 of 5 14. Advertisement 0 CLUB shall not post, exhibit, display, or allowed to be posted, exhibited or displayed, any signs, advertising, showbills, lithographs, posters, or cards of any kind pertaining to this License unless prior written approval has been obtained from the CITY Manager. IN WITNESS WHEREOF, the parties hereto have executed this License on the day and year first above written. Dated: . 1999 Dated: , 1999 APPROVED AS TO FORM: C City Attorney LaVonne Harkless City Clerk F: \Cat \Shared\Ag \I mua \Ucense031799.doc NEWPORT BEACH By: Dennis O'Neil Mayor IMUA OUTRIGGER CANOE CLUB • By: By: Its: 5 of 5 i