Loading...
HomeMy WebLinkAbout03 - Sea Lion Time Limits0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT T7 G Agenda Item No.3 January 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City. Manager's Office Dave Kiff, Assistant City Manager (949) 644 -3002, dkiff(a)citv.newport- beach.ca.us Chris Miller, Harbor Resources Manager (949) 644 -3043, cmillerOcity.newport- beach.ca.us SUBJECT: Ordinance 2009 _: Sea Lion Time Limits for Compliance — First Warning Letter ISSUE Should the City Council amend the time limits for the first warning letter to permittees for compliance with the sea lion abatement procedures in Title 17? RECOMMENDATION Introduce Ordinance No. 2009 - relating to Sea Lion Compliance amending Sections 17.25.020 and 17.50.100 of the Newport Beach Municipal Code and pass to second Reading on January 27, 2009. BACKGROUND In an effort to confront the sea lion problems in January 2006, the City Council passed an ordinance that specifically described the responsibility of both the mooring and pier permittees to deter sea lions from their vessels and piers. This passage also outlined the steps for City staff to enforce sea lion compliance, including a written thirty (30) day Warning letter, then a seven (7) day Final Warning letter stating that Administrative Citations ($100, $200, & $500 daily increments) may be issued for non - compliance. During the summer months of 2006 and 2007, the sea lion problem appeared to subside, and the program described above proved satisfactory. However, 2008 proved challenging because the sea lions migrated to the farther depths of the harbor to haul out, particularly between Via Lido Soud and the peninsula. Unfortunately, the H and J mooring areas had several vessels that provided comfortable haul out locations, therefore creating competition for space and continuous barking throughout the night. The local community, quickly became discouraged with the lengthy thirty day warning letter process. Staff and the Harbor Commission also feel that our harbor permittees are now well aware of Newport's sea lion problem, and that thirty days is too long to wait for compliance. Sea Lion Time Limits for Compliance — First Warning Letter January 13, 2009 Page 2 PROPOSAL. Staff and the Harbor Commission propose to tighten the time frame for the first warning letter from thirty days to ten (10) days in order to gain quicker 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 provide the permittee with a notice of determination and the permittee shall take any and all necessary action to employ and maintain appropriate measures to deter sea lions from boarding the vessel within4hk4 -(30) ten (10) calendar days of the mailing of the notice of determination. If the Harbor Resources Manager determines that appropriate deterrent measures have not been taken within 1 : ten (10) calendar days of the mailing of the notice of determination, the Harbor Resources Manager shall provide the pemmittee with a second notice of determination and the permittee shall. (1) take any and all necessary action to employ and maintain appropriate sea lion deterrent measures within seven (7) days of the mailing of the second notice of determination, or (2) remove the vessel within seven (7) days of the mailing of the 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 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 provide the permittee with a notice of determination 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 thirty (30) ten (10) calendar days of the mailing of the notice of determination. If the Harbor Resources Manager determines that appropriate deterrent measures have not been taken within thiF#y(30) ten (10) calendar days of the mailing of the notice of determination, the Harbor Resources Manager shall provide the permittee with a second notice of detenmination and the permittee shall take any and all necessary action to employ and maintain appropriate sea lion deterrent measures within seven (7) days of the mailing of the 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. No other changes are proposed. The second seven day warning letter will remain at seven (7) days, mostly to account for mail delivery. Combined, the permittees will have a total of 17 days to resolve their sea lion problems. a Sea Lion Time Limits for Compliance — First Warning Letter January 13, 2009 Page 3 • ' ENVIRONMENTAL REVIEW The City Council's approval of this item does not require environmental review. 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). It was posted at City Hall and on the City's website. Submitted by: Prepared by: Dave ff Chris Miller Assistant City Manager Harbor Resources Manager Attachments: Ordinance Amending 17.25.020 and 17.50.100 0i Ej Sea Lion Time Limits for Compliance — First Warning Letter January 13, 2009 Page 4 ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTIONS 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 AND THE TIME LIMITS FOR THE FIRST WARNING LETTER 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 30 days to 10 days; and, NOW, THEREFORE, the City Council of the City of Newport Beach, California, hereby ordains as follows: SECTION 1: Section 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 provide the permittee with a notice of determination 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) calendar days of the mailing of the notice of determination. If the Harbor Resources Manager determines that appropriate deterrent measures have not been taken within ten (10) calendar days of the mailing of the notice of determination, the Harbor Resources Manager shall provide the permittee with a second notice of determination and the permittee shall: (1) take any and all necessary action to employ and maintain appropriate sea lion deterrent measures within seven (7) days of the mailing of the second notice of determination; or (2) remove the vessel within seven (7) days of the mailing of the 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 vessels assigned to a mooring. • Sea Lion Time Limits for Compliance — First Warning Letter January 13, 2009 Page 5 SECTION 2: 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 provide the permittee with a notice of determination 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 ten (10) calendar days of the mailing of the notice of determination. If the Harbor Resources Manager determines that appropriate deterrent measures have not been taken within ten (10) calendar days of the mailing of the notice of determination, the Harbor Resources Manager shall provide the permittee with a second notice of determination and the permittee shall take any and all necessary action to employ and maintain appropriate sea lion deterrent measures within seven (7) days of the mailing of the 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. SECTION 3: 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 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 13th day of January, 2009, and adopted on the _ day of . 2009, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR 0