HomeMy WebLinkAbout03 - Increased Time Limits on All Public PiersN
CITY OF NEWPORT BEACH COUNCIL AGENDA
CITY COUNCIL STAFF REPORT
Agenda Item No. 17
October 26, 2004
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: Proposed Ordinance Revisions: Increased Time Limits on All
Public Piers in Newport Harbor
ISSUE:
Should the City amend Title 17 to increase the time limits on all 10 public piers in
order to allow the boating public more time to use land based facilities?
RECOMMENDATIONS:
Introduce Ordinance No. 2004 - amending Section 17.28.010 of the NBMC to
increase the time limits on all public piers in Newport Harbor and pass to 2nd Reading
on November 9, 2004.
BACKGROUND:
The Problem: Currently, the maximum time that a boater may tie up to any of the
public piers in Newport Harbor is 20 minutes on all sides of the pier. This time limit
was designed to promote accessibility on all sides yet it restricted the user from
spending any reasonable time to use land based facilities. In addition, some mooring
permittees need extended times to go ashore for work or other personal reasons.
The Related Considerations: The proposal for increased time limits has been
under various forms of consideration for a number of years with the Harbor
Commission, Harbor Committee and the Newport Mooring Association (NMA). In
September 2003, the Harbor Commission approved a combined staff report that
incorporated both increased public pier time limits (for specific piers only) and the
dinghy storage concept. Then, in a December 2003 Study Session, the City Council
reviewed the Harbor Commission's recommendation but did not take action.
The Proposal: This staff report proposes changing the time limits on all 10 public
piers located at Coral Ave, Opal Ave, Emerald Ave, Sapphire Ave, Park Ave, M St,
Washington St, Fernando St, 15th St & 19th St. The bayward side of these piers will
still maintain the 20 minute limit to allow easy access for boaters but the remaining
three sides of the pier will be increased as outlined below. These new time limits will
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October 26, 2004
Page 2
reduce the fear of impoundment and promote a more user - friendly Harbor for both
local and visiting boaters.
Following is an outline of the proposed public dock time limit changes. They are also
shown graphically in Appendix A.
• All Public Piers
0 20 minutes on bayward side
0 2 hours on sides
• On Washington and Fernando Street pump out docks, the side
where the pump out is located will be 20 minutes
• On Opal Avenue, there will be no docking for any amount of time
on the west side
0 12 hours on upland (nearshore) side
THE INFORMATION GATHERING AND REVIEW PROCESS:
The public pier time limit 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, NMA members and Harbor Patrol;
• 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;
• All public piers have been posted to invite feedback to the Harbor
Commission and City Council.
Enforcement: The Orange County Sheriff's Harbor Patrol has been instrumental in
developing this plan with the Harbor Commission and subcommittee. They are
committed to enforcing these new time restrictions on the public docks.
Environmental Review: There is no environmental impact caused by increasing the
times on the public docks. Currently the docks are largely shared by the boating
public and the bay fishermen. The Department of Fish and Game, who patrols these
docks, does not have any issues with this increased time proposal. Therefore, this
action is exempt from environmental review.
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). Also,
the affected public piers were noticed one week in advance of the public meeting at
which the City Council considers this item.
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October 26, 2004
Page 3
Alternatives: Instead of agreeing to staff's recommended proposal, the City Council
could:
1. Decide not to adopt this proposal
2. Offer amendments to the proposal and adopt it with those amendments
3. Offer amendments to the proposal and return it to the subcommittee for
additional review
Prepared by:
(51W21 t (
Chris Miller, Harbor Resources Supervisor
Attachments: Public Pier Time Limit Proposals
Ordinance
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October 26, 2004
Page 4
Appendix A
Public Pier Time Limit Proposals
M, Washington, Fernando, 15`", 19`" Streets
Coral, Opal, Emerald, Sapphire, Park Avenues
Bulkhead
12 Hours 1 1 12 Hours
2 Hours All Public Piers 2 Hours
Side * Side *
20 Minutes
Bayward Side
On Washington and Fernando Street pump out docks, the side where the pump out is
located will be 20 minutes.
On Opal Avenue west side, there will be no docking for any amount of time to allow for
ingress and egress at the adjacent dock.
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ORDINANCE NO. 2004-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
SECTION 17.28.010 OF TITLE 17 TO NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO PIERS
NOW THEREFORE, the City Council of the City of Newport Beach, California,
HEREBY ORDAINS as follows:
SECTION 1: Section 17.28.010 of Chapter 17.28 of Newport Beach Municipal Code is
amended to read as follows:
Chapter 17.28
PIERS
Sections:
17.28.010 Maintenance of Public Piers -- Regulations.
17.28.020 Defective Piers.
17.28.030 Obstruction Prohibited.
17.28.045 Vehicle Restrictions on Public Piers and Plazas.
17.28.060 Skateboards.
Dogs prohibited on piers -- See Chapter 7.04
Section 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 post signs limiting the time during which
a vessel may be docked or supplies or gear may be placed at or on any such
pier or facility to tWeRty (20) miRutec &,serf the followinq: (1) Washington
Street pump out pier: bayward and westerly side is twenty (20) minutes,
undo Street
minutes, westerly side is two (2) hours and the upland side is twelve (12)
hours; (3) Opal Avenue pier: bayward side is twenty (20) minutes easterly
side is two (2) hours. no herthina allowed nn the westerlv side and the upland
Sapphire and Park Avenue piers: bayward side is twenty (20) minutes, the
sides are two (2Lhours and the upland sides are twelve (12) hours; (5) that a
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four -hour limit is imposed on the Rhine Wharf Park, subject to the following
conditions: (4a) the Harbor Master shall have the authority to limit the size of
vessels using said facility, (2b) vessels using this facility shall be in the actual
process of loading, unloading or engaged in temporary repairs; and (3c) the
Harbor Master may authorize an extension of the four -hour period where
special circumstances dictate such an extension.
When a sign is in place giving notice of such time limits, no person shall dock a
vessel at any such facility for a period of time in excess of that period, or permit any
supplies or gear to remain on such facility for a period in excess of that posted on the
sign.
Section 17.28.020 Defective Piers.
Upon learning that any pier is in a defective or dangerous condition, the Harbor
Resources Director shall immediately so notify the owner or other person having
charge of the same in writing, requiring such person or persons to immediately repair
it or to put up barriers to prevent persons from going upon it. If such person shall fail
or neglect to do so, the Harbor Resources Director may place barriers as necessary
for the protection of the public and charge the cost thereof to such person, and it
shall be a violation of this title for any person to interfere with any such barrier.
If any pier, or any portion thereof, or any material on such pier, shall fall into the
waters of Newport Harbor, it shall be the duty of the owner, agent or lessee of such
pier to forthwith remove the same from the waters of the Harbor and, if they shall fail
to do so, the Harbor Resources Director may do so and the cost thereof may be
recovered from the owner, agent, or lessee of such pier in a civil action.
Section 17.28.030 Obstruction Prohibited.
No person shall intentionally obstruct the free access to and departure from any
portion of any public pier.
Section 17.28.045 Vehicle Restrictions on Public Piers and Plazas.
A. Prohibition. Subject to the exceptions set forth in subsection C, no person
shall, at any time, drive, operate, park or leave standing any motor vehicle on
any public pier, including the Newport Pier, McFadden Plaza, Balboa Pier, or
Balboa Plaza.
B. Light -Duty Commercial Vehicle Defined. For the purpose of this section, "light -
duty commercial vehicle" shall mean any vehicle that does not exceed six
thousand (6,000) pounds gross vehicle weight.
C. Exceptions. The prohibition set forth in subsection A shall not apply to the
following:
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1. Light -duty commercial vehicles necessary to discharge or load supplies
to the concessions and restaurants on the piers between the hours of
six a.m. and eleven a.m.
2. Any vehicles displaying a permit issued by the City Manager or the
Public Works Department.
Section 17.28.060 Skateboards.
No person shall operate or ride any skateboard in or upon any public pier.
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 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 to
more sections, subsections, sentences, clauses and phrases be declared unconsti-
tutional.
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 day of , 2004, and adopted on
the day of , 2004, by the following vote, to -wit:
AYES, COUNCIL MEMB
NOES, COUNCIL MEMBE
ABSENT, COUNCIL MEMBERS
u• •C
ATTEST:
CLERK