HomeMy WebLinkAbout21 - Council Direction on Miscellaneous Items�EW `Rr CITY OF
NEWPORT BEACH
City Council Staff Report
Agenda Item No. 2'
September 25, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, City Manager
949 - 644 -3001, dkiff @newportbeachca.gov
PREPARED BY: Dave Kiff, City Manager
APPROVED: A
TITLE: Further Direction Sought — Paddleboards, Non - Emergency
Flyovers, Encroachments.
ABSTRACT:
From time to time, staff asks the City Council in a public setting to determine whether
staff and /or City committees should spend time and resources researching or
developing specific policy issues. This helps ensure that resources are not wasted on
an item that City Council may not ultimately agree with nor adopt.
RECOMMENDATION:
Offer specific direction to staff in these areas:
1. Should Harbor Resources staff and /or the Harbor Commission pursue regulations or
education efforts regarding Stand -Up Paddleboarding in the Harbor?
2. Should the City pursue an amendment to the Municipal Code that requests that the
military provide notice of any non - emergency flyover in the community?
3. Should the City staff proceed with a formal process to analyze various private
encroachments onto public lands or public rights -of -way, such as in Santa Ana
Heights, Newport Shores, and more?
Further Direction Sought — Paddleboards, Non- Emergency Flyovers, Encroachments.
September 25, 2012
Page 2
FUNDING REQUIREMENTS:
There is no fiscal impact related to this specific decision item, but depending on the
direction Council takes, some expense can be incurred to research and staff specific
issues.
DISCUSSION:
This item recurs on an intermittent basis. It is an attempt to minimize any use of staff or
volunteer time and resources in a direction that might not be in line with the desires of a
majority of the City Council. In the spirit of those limited resources, I do not take the
time to spell out the nuances of the issues about which we seek guidance. If readers
have a specific interest in any one of the issues shown in the recommendation, they
should attend the Council meeting and participate in the discussion as a part of public
comments about this item.
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.
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
1C" O.
Dave Kiff
City Manager
Attachment: Response letter from the Department of the Navy
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DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3000 MARINE CORPS PENTAGON
WASHINGTON, DC 20350 -3000 IN REPLY REFER TO:
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The Honorable John Campbell
Member, United States House
of Representatives
610 Newport Center Drive, Suite 330
Newport Beach, Ca 92660
Attention: Chris Palmer
Dear Congressman Campbell:
Thank you for your letter of April 23, 2012, on behalf of
Mr. Dave Kiff, City Manager of the City of Newport Beach,
California. He has concerns about the noise generated by
aircraft which took part in the final tribute for a World War II
Marine on March 24, 2012. He has asked whether advance notice
can be provided to city officials for any future ceremonial
flyovers.
Your concern in this matter is appreciated, and I regret
the delay in responding to your correspondence. We asked the
Commanding General, Marine Corps Installations West, Camp
Pendleton and the Commanding General, 3rd Marine Aircraft Wing
(MAW), San Diego to inquire into Mr. Kiff's concerns. We were
informed that by standing directives, the 3d MAW does not assume
responsibility for advance coordination with, or notification
of, city officials for the municipalities under the air space
where aerial support and other air operations are conducted.
However, city governments may enact ordinances to regulate or
restrict requests from the community for military aerial support
for events located within their city limits.
As an overview, on March 20, 2012, Headquarters, Marine
Corps tasked the 3rd MAW to provide aerial support for the
funeral of a Marine Captain Aviator who was highly decorated
for his service during World War II. Specifically, the support
directed was the execution of a fly -over (consisting of two or
four aircraft) for the Marine's memorial service in Newport
Beach, California, at the Balboa Yacht Club.
When providing aerial support for events in the civilian
community such as this, 3D MAW is responsible for coordination
with appropriate air - traffic - control agencies and compliance
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11 Sep 12
with Federal Aviation Administration air -space regulations.
In this case, approximately three days prior to executing the
funeral fly -over on March 24, 2012, 3D MAW completed detailed
air -space coordination with the controlling air - traffic - control
agency (Southern California TRACON) via their Support Specialist
for Airspace and Procedures.
On March 24, 2012, the funeral fly -over was executed with
a flight of four F /A -18s that were in radio communication with
Southern California Approach Control. It consisted of a single
pass at an altitude of 1,000 feet above ground level at an
airspeed of 300 knots, with one F /A -18 executing a climbing left
turn to an altitude of 3,500 feet to effect the "missing man"
formation.
Again, thank you for your interest in this matter. If we can
be of any further assistance, please let us know.
Very respectfully,
sM
M. L PS
Lead Congr ssional Liaison
Office of Legislative Affairs
Correspondence
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