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HomeMy WebLinkAbout04 - Multiple Vessel Mooring System Pilot ProgramCOUNCIL AGENDA CITY OF NEWPORT BEACH ND. y CITY COUNCIL STAFF REPORT Agenda Item No. 3 June 13, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office / Harbor Resources Division Dave Kiff, Assistant City Manager, (949) 644 -3002 dkiff(a)city.newport- beach. ca. us Harbor Resources Division (City Manager's Office) Chris Miller, (949) 644 -3043 cmiller(a)city. newport- beach. ca. us SUBJECT: Multiple Vessel Mooring System Pilot Program ISSUE: Newport Harbor Yacht Club has requested to install multiple vessel mooring systems (MVMS) as a pilot program in the single -point mooring areas (Newport Harbor Yacht Club and Balboa Yacht Club mooring fields only). These floats will allow multiple vessels to moor on one mooring buoy, therefore maximizing efficiency within the mooring field. Should the Council authorize this request for a 2 -year period? RECOMMENDATION: Introduce Ordinance No. 2006 -_ related to Moorings, and pass to second reading on June 27, 2006; BACKGROUND: Over the years, the Harbor Commission and the former Harbor Committee have been interested in developing a system to moor multiple vessels on a single mooring can. When the Harbor Commission's Mooring Master Plan subcommittee was formed in January 2005, the idea of a multiple vessel mooring system was discussed as a possible alternative to single -point moorings. In January 2006, NHYC submitted a request to install multiple vessel mooring systems in the yacht club's single -point mooring field. NHYC intends on using floats (dock fingers) that were previously used as temporary yacht club docks. The yacht club has improved the design of these floats by installing ladders, emergency towing bridles, and an emergency anchor and rode. Newport Harbor has only two single -point mooring fields which are permitted to NHYC ` and Balboa Yacht Club (BYC) — please see the attached map. All other mooring fields Multiple Vessel Mooring System Pilaff Program June 13, 2006 Pagel are double -point systems which would be prohibited from using the multiple vessel mooring system. NHYC intends to moor smaller vessels to the multiple vessel mooring systems, such as 25' sailboats, skiffs and the sailing instructor's chase boats (Whalers). The pilot program will be in effect until June 30, 2008 at which time it will expire unless action is taken to amend the Code. At its February 8, 2006 meeting, the Harbor Commission approved the use of this system in the single -point mooring areas. Harbor Resources and the Harbor Patrol also support this pilot program along with the safety measures that have also been proposed. These particular mooring areas allow NHYC and BYC to closely monitor the pilot program and to make any adjustments as needed during the next two years. ENVIRONMENTAL REVIEW: The proposed project is categorically exempt from environmental review pursuant to CEQA Guidelines, Section 15301, Class 1 (Existing Facilities): "Alteration of existing public... facilities... involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination." PUBLIC NOTICE: This agenda item has been noticed according to the Ralph M Brown Act (72 hours in advance of the public meetings at which the City Council considers the item). Prepared by: w/f�G'� Chris Miller Harbor Resources Supervisor Attachments: Photos Ordinance Map of Affected Mooring Areas Ordinance Change — Strikeout Submitted by: Dhykt Kiff Assistant City Manager ,K +c �1 I +c Multiple Vessel Mooring System Pilot Program June 13, 2006 Page 4 ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, AMENDING SECTIONS 17.22.030 AND 17.22.110 OF CHAPTER 17.22 OF THE NEWPORT BEACH MUNICIPAL CODE REGULATING THE MOORING OF VESSELS IN NEWPORT HAR13OR WHEREAS, the City of Newport Beach ( "City ") is a charter city, governed by a charter adopted by the citizens of the City; and WHEREAS, Newport Harbor is within the geographical boundaries of the City of Newport Beach and as such the City has an interest in ensuring that the use of the tidelands is both efficient and beneficial; and WHEREAS, the City Council recognizes that the Southern California boating population is growing substantially faster than the rate at which mooring and docking facilities are being created, thereby causing a shortage of mooring and docking facilities; and WHEREAS, the City Council acknowledges the benefits accruing to the City, its residents and its businesses through the existence of a thriving pleasure boating community; and WHEREAS, the City desires to create more beneficial use of its tidelands by increasing mooring facilities in the+ harbor when feasible; NOW, THEREFORE, the City Council of the City of Newport Beach hereby ordains as follows: SECTION 1: Section 17.22.030 "Issuance of Permits — Conditions" is hereby amended to read in its entirety as follows: 17.22.030 Issuance of Permits— Conditions A. Issuance of Permits. The Harbor Resources Manager, in furtherance of the tideland grants to the City, may issue a permit to allow the permittee to temporarily use a portion of the waters of Newport Harbor for the mooring of a vessel. Each permit so issued by the Harbor Resources Manager shall be issued to the permittee, specify the vessel for which the permit has been issued, and provide that the permittee may change the vessel for which "he permit has been issued, upon written notification to the Harbor Resources Manager, and which permit shall allow the permittee to moor only the vessel owned by him or her and assigned to the permit to such mooring or buoy. B. Exceptions: Areas: Multiple Vessel Mooring System Pilot Program June 13. 2006 Pages 1. Permits issued to Yacht Clubs in Single Point Mooring When a permit is issued to a yacht club in a single point mooring area, the club shall be permitted to assign the mooring to one of its members. The Club shall keep a record of the person and vessel to which the mooring has been assigned. 2. Mooring of a Tender: A vessel no longer than fourteen (14) feet in overall length may be secured to the permitted vessel as long as someone is aboard the permitted vessel or may be secured to the mooring in the absence of the permitted vessel. 3. Multiple Vessel Mooring System Pilot Program: The Harbor Resources Manager may approve Multiple Vessel Mooring Systems in single point mooring areas of Newport Harbor during the duration of this pilot program. A Multiple Vessel Mooring System is defined as a floating platform secured to a single point mooring to which may be secured vessels shorter in overall length than the side of the platform to which the vessel is to be moored. An application for a Multiple Vessel Mooring System shall be submitted in writing to the Harbor Resources Manager, who shall evaluate the application based upon standards he shall have established. Newport Beach Municipal Code Section 17.22.030 (B) (3) shall remain in effect only until June 30, 2008, and as of that date is repealed, unless a later enacted ordinance, that is enacted before June 30, 2008, deletes or extends that date. Prior to June 30, 2008, the Harbor Resources Manager shall present a report to the City Council recommending that the program either be made permanent, modified, or allowed to expire. Multiple Vessel Mooring System Pilot Program June 13. 2006 Page 6 SECTION 2: Section 17.22.110 "Rental Not Permitted" is hereby amended to read in its entirety as follows: 17.22.110 Rental Not Permitted With the exception of moorings issued to yacht clubs, no mooring may be leased or rented by the permittee to another person except with the written permission of the Harbor Resources Manager. SECTION 3: The City Council hereby declares 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 or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 4: 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 of the City, and it shall be effective thirty (30) days after its adoption. SECTION 5: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the — day of 2006, and adopted on the _ day of _ 2006, by the following vote, to wit: AYES, COUNCILMEMBERS_ NOES, COUNCILMEMBERS_ ABSENT COUNCILMEMBERS_ MAYO ATTEST: CITY CLERK Multiple Vessel Mooring System Pilot program June 13, 2006 Page 7 Map of Affected Mooring Areas 0 h . Lf Multiple Vessel Mooring System Pilot Program June 13, 2006 Page 8 Ordinance Change - Strikeout 17.22.030 Issuance of Permit — Conditions The Harbor Resources DifectorManager, in furtherance of the tideland grants to the City, may issue a permit to allow the permittee to temporarily use a portion of the waters of Newport Harbor for the mooring of a vessel. Each permit so issued by the Harbor Resources Director—Manager shall be issued to the permittee, specify the vessel for which the permit ishas been issued, and provide that the permittee may change the vessel for which the permit has been issued, upon written notification to the Harbor Resources DireetorManager, and which permit shall allow the permittee to moor only the vessel owned by him or her and assigned to the permit to such mooring or buoy. A. Exceptions: 2. Mooring of a Tender: A vessel, no longer than fourteen (14) feet maximuniin overall length may be secured to the permitted vessel as long as someone is aboard the permitted vessel; or may be secured to the mooring in the absence of the permitted vessel. (Ord. 2002 -18 (part), 2002) nglepoint mooring areas of Nevdport Harbor during the _duration of . this pilot program. H Multiple Vessel Mooring System is defined as a floating platform secured to a single point mooring to which may be secured vessels shorter inoyerall length than .the ._side of the platform to tuhich, the vessel is the _a�plicatton. Lased r+pon standards lie shall, have established.._Neyport ordinance. that is enacted before June 30. 2008, deletes or extends that date. Prior to June 30. 2008. the Harbor Resources Manager shall present a report to the City Council recommendin that hat the rogram either be made permanent modified or allowed to expire. 17.22.110 Rental Not Permitted Udith the exception of moorings issued to yacht clubs. Nno mooring may be leased or rented by the permittee to another person except with the written permission of the Harbor Resources DireatorManager. (Ord. 2002 -18 (part), 2002)