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Home My WebLink About03 - Sea Lion Time Limits for Compliancef V o. f CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item N0 March 23, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Chris Miller, Harbor Resources Manager (949) 644 -3043, cmiller(a)newportbeachca.00v SUBJECT: Amendment to Chapters 17.25 and 17.50 (Sea Lion Time Limits for Compliance) ISSUE Should the City Council shorten the time limits for compliance with the sea lion abatement procedures in Title 17? RECOMMENDATION Introduce Ordinance No. 2010- amending Newport Beach Municipal Code ( "Code ") Sections 17.25.020 and 17.50.100 relating to sea lion abatement and pass to second reading on April 13, 2010. BACKGROUND In an effort to confront the sea lion issue in January 2006, the City Council adopted an ordinance that described both the mooring and pier permittees' responsibility to keep vessels /piers free from sea lions. The ordinance included a written, thirty (30) day warning letter and, if necessary, a second seven (7) day warning letter that would threaten issuance of Administrative Citations ($100, $200, &. $500 daily increments) for non - compliance. These time periods were intended to allow for mailing and to give the permittee ample time to devise and implement a humane and legal plan to deter the sea lions. In November 2008, the City Council amended the 2006 ordinance and reduced the time for compliance by the mooring and pier permittees. The amendment reduced the first letter's warming. period to ten (10) days "and maintained the second seven (7) -day notice. Staff feels that because of the awareness of the seasonal problem with sea lions via City outreach, the local media coverage and the damage to docks and vessels, the permittees are more aware of the sea lion issue, and that the seventeen (17) day compliance period may be reduced again. Additionally, ............._...._ ..._...... __ several harbor residents have requested that the City re- evaluate the compliance time period with a goal of reducing its length. Code Section 17.25.020(1)(5) currently exempts marine contractor vessels in Newport Harbor from the mooring, anchoring, vessel condition and sea lion requirements of this section. §17.25.020(1)(5) — Exceptions The requirements of this section are not applicable to vessels used in marine construction or marine contracting services. Staff believes that the marine contractors in Newport Harbor should remain exempt from the mooring, anchoring and vessel condition requirements, but they should not be exempt from keeping their vessels and barges free from sea lions. .Me.O _ The Harbor Commission reviewed this issue at their February 10, 2010 meeting and they recommend, along with staff, to revise Code Section 17.25.020(1)(5) (exceptions for marine contractors) to exclude sea lion removal /abatement requirements. Doing so would still exempt marine contractors from the mooring, anchoring and vessel condition requirements, but will require them to be responsible for sea lion deterrence measures. §17.25.020(1)(5) — Exceptions With the exception of the sea lion deterrence requirements, the requirements of this section are not applicable to vessels used in marine construction or marine contracting services. Second, staff and the Harbor Commission recommend reducing the compliance period from two warning letters (ten (10) and seven (7) days), to one seven (7) day notice in an effort to obtain prompt compliance. The proposed sections would read: §17.25.020(1)(4) — Mooring, Anchoring and Vessel Condition Requirements If, based upon the appearance of the vessel, inspection by the City or Orange County Harbor Patrol or other facts, the Harbor Resources Manager determines that a sea lion has boarded a moored vessel, the Harbor Resources Manager shall ^'aeteRninatien -issue a Notice of Violation and the permittee shall take any and all necessary action to employ and maintain appropriate measures to deter sea lions from boarding the vessel within ten -(10 seven 7 calendar days of the mailing of the notice of deteRninagowNotice of Violation. If the Harbor Resources Manager determines that appropriate deterrent measures have not been taken within ten- (9Oseven 7 calendar days of the mailing of the notice of determination Notice of Violation the Harbor Resources Manager may %z %f�.,.,h - -a -send notice ^' of . e,=,-;,i,^,aiienissue an Administrative Citation and the permittee shall: (1) take any and all necessary action to employ and maintain appropriate sea lion deterrent measures within seven (7) seven days of the ma #:ng of the -second -- notice -of determination; or (2) remove the vessel within -seven (7)-- day"f- 4he - mailing- oft4e--secend- not -ice- ef- deten74inat4on. Appropriate deterrent measures shall be defined as the latest methodology permitted by National Marine Fisheries Service to minimize sea lion boarding of vessels assigned to a mooring. §17.50.100 - Securing of Structures If, based upon an inspection by the City or Orange County Harbor Patrol or other facts, the Harbor Resources Manager determines that a sea lion has boarded a permitted structure and /or any vessel or other appurtenances attached to the structure, the Harbor Resources Manager shall p,avide- th itn°�issue a notice of determination Notice of Violation and the permittee shall take any and all necessary action to employ and maintain appropriate measures to deter sea lions from boarding the structure and /or any vessel or other appurtenances attached to the structure within ten44-0),a even 7 calendar days of the mailing of the notic of nNotice of Violation. If the Harbor Resources Manager determines that appropriate deterrent measures have not been taken within ten (Mseven 7 calendar days of the iling of the ,otic dete mh7ationNotice of Violation the Harbor Resources Manager may shall pl—%%d ttao permittee- with-- a- seeen -' Hence -011 ination -issue an Administrative Citation and the permittee shall take any and all necessary action to employ and maintain appropriate sea lion deterrent measures within seven 171 of the of Me second notice of determination. Appropriate deterrent measures shall be defined as the latest methodology permitted by National Marine Fisheries Service to minimize sea lion boarding of a permitted structure and /or any vessel or other appurtenances attached to the structure. ENVIRONMENTAL REVIEW 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. ALTERNATIVES The City Council may also consider the following alternatives: 1. Adjust the time limits for sea lion compliance to ten (10) days instead of seven (7), to allow for delays in mail and /or weekends; or 2. Maintain the current status of a ten (10) day warning then a seven (7) day second warning. 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). Submitted by: Chris Miller Harbor Resources Manager Attachments: Ordinance Amending Code Sections 17.25.020 and 17.50.100 ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 17.25.020 OF CHAPTER 17.25 AND SECTION 17.50.100 OF CHAPTER 17.50 OF TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SEA LION COMPLIANCE TIME LIMITS WHEREAS, sea lions generally migrate down the Southern California coast between the months of May and October; and WHEREAS, sea lions are becoming more prevalent in Newport Harbor, particularly over the past five years; and WHEREAS, sea lions tend to haul themselves out of the water for several hours of the day to help control their body temperature; and WHEREAS, sea lions seek large, flat surfaces such as vessels and docks to haul themselves out of the water; and WHEREAS, sea lions tend to compete for haul out locations by barking at all hours of the day and night therefore keeping the waterfront residents awake; and WHEREAS, the waterfront residents have asked that the time limits for the first warning letter to the vessel and dock permittees be shorted from ten (10) and seven (7) days to one (1) seven (7) day notice; and, WHEREAS, the City has an interest in keeping sea lions off of vessels involved with marine construction or marine contracting services. NOW, THEREFORE, the City Council of the City of Newport Beach, California, hereby ordains as follows: SECTION 1: Subsection 17.25.020(1)(4) of Chapter 17.25 of Newport Beach Municipal Code is hereby amended to read as follows: 4. If, based upon the appearance of the vessel, inspection by the City or Orange County Harbor Patrol or other facts, the Harbor Resources Manager determines that a sea lion has boarded a moored vessel, the Harbor Resources Manager shall issue a Notice of Violation and the permittee shall take any and all necessary action to employ and maintain appropriate measures to deter sea lions from boarding the vessel within seven (7) calendar days of the Notice of Violation. If the Harbor Resources Manager determines that appropriate deterrent measures have not been taken within seven (7) calendar days of the Notice of Violation, the Harbor Resources Manager may issue an Administrative Citation and the permittee shall: (1) take any and all necessary action to employ and maintain appropriate sea lion deterrent measures; or (2) remove the vessel. Appropriate deterrent measures shall be defined as the latest methodology permitted by National Marine Fisheries Service to minimize sea lion boarding of vessels assigned to a mooring. SECTION 2: Subsection 17.25.020(1)(5) of Chapter 17.25 of Newport Beach Municipal Code is hereby amended to read as follows: 5. With the exception of the sea lion deterrence requirements, the requirements of this section are not applicable to vessels used in marine construction or marine contracting services. SECTION 3: Section 17.50.100 of Chapter 17.50 of Newport Beach Municipal Code is hereby amended to read as follows: If, based upon an inspection by the City or Orange County Harbor Patrol or other facts, the Harbor Resources Manager determines that a sea lion has boarded a permitted structure and /or any vessel or other appurtenances attached to the structure, the Harbor Resources Manager shall issue a Notice of Violation and the permittee shall take any and all necessary action to employ and maintain appropriate measures to deter sea lions from boarding the structure and /or any vessel or other appurtenances attached to the structure within seven (7) calendar days of the Notice of Violation. If the Harbor Resources Manager determines that appropriate deterrent measures have not been taken within seven (7) calendar days of the Notice of Violation, the Harbor Resources Manager may issue an Administrative Citation and the permittee shall take any and all necessary action to employ and maintain appropriate sea lion deterrent measures. Appropriate deterrent measures shall be defined as the latest methodology permitted by National Marine Fisheries Service to minimize sea lion boarding of a permitted structure and /or any vessel or other appurtenances attached to the structure. SECTION 4: 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 and phrases be declared unconstitutional. SECTION 5: This ordinance 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. SECTION 6: 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. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 23rd day of March, 2010, and adopted on the 13th day of April, 2010, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR APPROVED AS TO FORM: OFFICE OF THE CI IITY�ATTORNEY V t� 4, DAVID R. HUNT, CITY ATTO NEY ATTEST: BROWN, CITY CLERK