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HomeMy WebLinkAbout06 - Establish a Trial Anchorage Area West of Lido Isle — Harbor Commission Recommendation��WPaRT CITY OF O � _ z NEWPORT BEACH Cq</ Fp P City Council Staff Report May 24, 2016 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Chris Miller, Harbor Manager, cmiller@newportbeachca.gov PHONE: 949-644-3043 TITLE: Establish a Trial Anchorage Area West of Lido Isle — Harbor Commission Recommendation ABSTRACT: The Harbor Commission recommends the City Council establish a temporary, trial anchorage area in the Turning Basin west of Lido Isle during the 2016 summer boating season to augment the existing anchorage area east of Lido Isle. RECOMMENDATION: a) Find the approval of this resolution exempt from the California Environmental Quality Act ("CEQA") pursuant to: (1) Section 15303 because it involves the construction and location of limited numbers of new small facilities, which are four buoys with weights and associated hardware; (2) Section 15304 minor alteration of water in Newport Harbor through the placement of a temporary anchorage area; (3) Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); and (4) Section 15061(b)(3) because it has no potential for causing a significant effect on the environment, 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; and b) Adopt Resolution No. 2016-65, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Establishment of a Temporary Trial Anchorage in the Newport Harbor Turning Basin. 6-1 Establish a Trial Anchorage Area West of Lido Isle - Harbor Commission Recommendation May 24, 2016 Page 2 FUNDING REQUIREMENTS: This action item requires minimal funding to deploy four buoys with weights and associated hardware. Estimated costs to establish this temporary anchorage should be approximately $2,000 which will be funded from the existing Public Works - Harbor Resources 2015-16 operating budget. DISCUSSION: Over the years, the Harbor Commission has noted that an additional anchorage in Newport Harbor could better serve the boating public as either a short term, long term or an as -needed basis. With the recent requests from several larger visiting vessels, the Harbor Commission added the anchorage concept to its yearly City Council approved Objectives. Newport Harbor currently has one permanent anchorage area located between the eastern tip of Lido Isle and the western side of Bay Island (Attachment A). This area provides a free, five day option for boaters to visit Newport Beach. Otherwise, additional options include: (1) Renting an available mooring ($17/winter-night, $27/summer-night), (2) Renting a guest slip at the County's Harbor Patrol docks (-$40/night), or (3) Renting a slip at Marina Park (-$60/night). In addition to providing visitor serving access, as well as a designated area to anchor for an afternoon on the water, the existing anchorage provides safe refuge for boaters traversing the coast during inclement weather. During the boating season, it is heavily used and at times overcrowded. The Harbor Patrol maintains the existing anchorage area, and monitors its use on a daily basis. The Harbor Commission feels that an additional Turning Basin anchorage would augment the existing anchorage when demand is high and would also allow boaters to experience a different part of the harbor. In the future, a Turning Basin anchorage, coupled with a new potential Central Avenue public dock, could provide an important public access point in an otherwise underserved part of the harbor. In addition, there are times during the year when the adjacent Newport Harbor Yacht Club mooring area is temporarily removed to allow a wide open area for regattas such as the Sabot Nationals. If a proposed anchorage in the Turning Basin is established, the existing anchorage east of Lido Isle could be closed during these special event regattas, therefore providing a wide open channel for racers and an unobstructed view for spectators. In the latter half of summer 2015, the City Council previously approved a Turning Basin trial anchorage recommended by Harbor Commission to test the concept. The City Council agreed on a configuration (Attachment B) and the trial was in effect for two and 6-2 Establish a Trial Anchorage Area West of Lido Isle — Harbor Commission Recommendation May 24, 2016 Page 3 a half months. After that trial, the Harbor Commission reviewed the program and now recommends a second trial to gauge the overall effectiveness as either a potential year- round or partial/as-needed concept. Newport Beach Municipal Code Section 17.05.070 provides for the establishment of anchorage areas in Newport Harbor by the City Council with the recommendation of the Harbor Commission. Additionally, staff and the Harbor Commission have consulted with the U.S. Coast Guard regarding the proposed anchorage area. Public comments received last year focused on the potential of increased noise from raft -ups (defined as two or more vessels tied together), unchecked party -like behavior, and a conflict of use with the approved hydro -flight business operating in the same area. Fortunately, last year's trial anchorage had minimal incidents. With that said, however, the Harbor Commission reviewed potential conflicts with the Harbor Patrol, and the Commission recommends the following rules be established with this trial anchorage during the summer 2016: 1. The anchorage configuration shall be in the same Council -approved configuration as before, but adaptable to unforeseen conditions as they might arise. 2. The Harbor Patrol has agreed to extend oversight to the trial anchorage. 3. The Harbor Patrol will drop dye tablets into the boater's holding tanks at both anchorages. Boater compliance will be voluntary until such time if/when the Newport Beach Municipal Code is revised to reflect mandatory compliance. 4. No raft ups allowed (defined as two or more vessels tied together). 5. Vessel generators would not be permitted between 10 p.m. and 7 a.m. 6. The Harbor Patrol will maintain usage statistics on both anchorages to include: a. Number of vessels used at each anchorage (daily and nightly). b. Home port of each vessel, if available. c. Number of calls and response data (noise/nuisance violation etc.). The Harbor Patrol will distribute a welcome flyer which will be similar to the 2015 flyer (Attachment C). ENVIRONMENTAL REVIEW: Staff recommends the City Council find the approval of this resolution exempt from the California Environmental Quality Act ("CEQA") pursuant to: (1) Section 15303 because it involves the construction and location of limited numbers of new small facilities, which are four buoys with weights and associated hardware; (2) Section 15304 minor alteration of water in Newport Harbor through the placement of a temporary anchorage area; (3) Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); and (4) Section 15061(b)(3) 6-3 Establish a Trial Anchorage Area West of Lido Isle — Harbor Commission Recommendation May 24, 2016 Page 4 because it has no potential for causing a significant effect on the environment, 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. NOTICING: 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). ATTACHMENTS: Attachment A — Vicinity Map Attachment B — Anchorage Configuration Attachment C — 2015 Trial Anchorage Flyer Attachment D — Resolution Authorizing the Establishment of a Temporary Trial Anchorage in the Newport Harbor Turning Basin Attachment E — Letter to Residents Regarding Proposal to Add Temporary Anchorage Attachment F — Additional Comments Received ME �SOL,tl��'•- TURNING <c> 32MO S T AT so -4 LIDO ryEk1iY J U L A HARBOR ISLAND PORT`"", ;r "'411co., e4A ,, Z; '''te as ATTACHMENT A VICINITY MAP CITY OF NEWPORT BEACH EXISTING ANCHORAGE (EAST OF LIDO ISLE) & PUBLIC WORKS DEPARTMENT PROPOSED ANCHORAGE (WEST OF LIDO ISLE) 07/14/2015 6-5 A�* 00" 41b 1P, 4 ' 0 100 200,, Feet I Aft, Council Approved Trial Anchorage LocationJ. V. N Ok— A: 33.6188, -117.9266 B: 33.6191, -117.9262 C: 33.6182, -117.9245 D: 33.6172, -117.9255 Z Marker, 33.6177, -117.9247 Final Recommendation Ab % M.. EI `Gate' way . Park Ike i o ° e 0 125 250 0 Feet o .zip a Ensign, ,- f r f View Party 00 40" -40 .fir I ; s e w P . MEMO ,9/ , Fall 2015 Trial Anchorage & Hydro -Jet Area & Prior Invictus Location & Lido Boat Show ,f U f 'i�0)00t` ' �! r— I Hydro-Jet Area .+ Adjusted Anchorage Area Invictus 225 ft. City of Newport Beach GIS Division Boatshow Temporary Dock February 24, 2016 6-7 ON of Newport Beach TRIAL ANCHORAGE NOTICE — We, Atel jotAy, IndPl Thank you for using the temporary "West Lido Anchorage" Recently, the Newport Beach City Council approved the installation of this anchorage as a trial to learn more about the feasibility of a permanent anchorage at this location. The trial period is 10 weeks, from August 1 to October 15, 2015. If the trial succeeds, the anchorage may be reinstalled next summer or in the future. The existing "East Lido Anchorage" between Lido Isle and Bay Island will remain in the harbor regardless of the outcome of this trial. The purpose of the West Lido Anchorage trial is to solicit feedback from anchorage users, all harbor users, local businesses and residents. Key concerns include: NOISE AFFECTING NEARBY RESIDENTS: This is a big concern from residents who live around the anchorage. Please remember the West Lido Anchorage rules: No rafting of vessels, no amplified music, no loud parties, no loud generators, and no generators after 9 p.m. BOATS ANCHORED/SWINGING OUTSIDE THE ANCHORAGE BOUNDARIES: Please stay within the anchorage buoys so as to not block channel traffic or reduce the area for large vessels to maneuver in and out of their berths. SEWAGE AND OTHER WASTE PRODUCTS: You must use a holding tank! Please keep galley waste etc., to a minimum. The U.S. Coast Guard or Orange County Harbor Department may board your boat at any time to inspect your waste system or drop dye tablets. LIGHT POLLUTION: Please keep your exterior lighting to a minimum, except for your anchor light. No underwater flood lights, bright deck lights, etc. We need your feedback! How do you like the anchorage configuration? Could its location, layout or size be improved? Please send an email to the address below. Ui fiS A6 Harbor Manager cmiller@newportbeachca.gov Please remember: You are in a residential neighborhood. This is a designated quiet anchorage! Report any safety or noise concerns to the Orange County Harbor Patrol: (949) 723-1002 .: RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A TEMPORARY TRIAL ANCHORAGE IN THE NEWPORT HARBOR TURNING BASIN WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City") vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitutions, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, the City is governed, in part, by its Charter, Municipal Code, and adopted City Council Policies; WHEREAS, Newport Harbor is one of the largest recreational yacht harbors in the United States, and its waters and shoreline support a wide variety of commercial, recreational and residential uses, and scenic and biological resources; WHEREAS, Newport Harbor has an existing vessel anchorage area east of Lido Isle which is free to the boating public, and is managed by the Orange County Harbor Patrol; WHEREAS, the existing anchorage area is well used throughout the summer boating season, and at times can become overcrowded; WHEREAS, the Harbor Commission studied the potential for adding an additional anchorage area in the Turning Basin west of Lido Isle to augment the existing anchorage area during heavy use or when the existing anchorage area might be temporarily cleared during major regattas; WHEREAS, the Harbor Commission previously recommended the first trial anchorage for two and one half months in 2015, and the City Council approved and implemented that trial; WHEREAS, the trial anchorage in 2015 was successful, but the Harbor Commission is recommending an additional trial to better gauge the use or potential use of an anchorage area in the Turning Basin; WHEREAS, the Harbor Commission recommends the City Council approve the installation of a temporary, trial anchorage area west of Lido Isle during summer 2016 (May 27 to September 15), and that it be configured per the 2015 City Council approved configuration as depicted on the attached exhibit, and that the anchorage area be at least two hundred fifty feet (250') from berthed vessels along the shore, and that no raft - ups be allowed; and WHEREAS, Newport Beach Municipal Code Section 17.05.070 authorizes the City Council to establish an anchorage area upon recommendation of the Harbor Commission. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby approves the installation of a temporary trial anchorage in the Turning Basin during summer 2016 (May 27 to September 15) as recommended by the Harbor Commission and as depicted on the attached Exhibit 1, which is incorporated by reference herein. The duration of this anchorage area may be extended one (1) time upon the written direction of the Harbor Resources Manager for up to one (1) month. Section 2: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 4: Staff recommends the City Council find the approval of this resolution exempt from the California Environmental Quality Act ("CEQA") pursuant to: (1) Section 15303 because it involves the construction and location of limited numbers of new small facilities, which are four buoys with weights and associated hardware; (2) Section 15304 minor alteration of water in Newport Harbor through the placement of a temporary anchorage area: (3) Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); and (4) Section 15061(b)(3) because it has no potential for causing a significant effect on the environment, 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. 6-10 Section 5: The Mayor shall sign and the City Clerk shall certify the vote adopting the passage of this resolution. ADOPTED this 24 day of May, 2016. Diane B. Dixon, Mayor ATTEST: Leilani I. Brown, City Clerk Attachment: Exhibit 1 — 2015 City Council Approved Configuration 6-11 A�* 00" 41b 1P, 4 ' 0 100 200,, Feet I Aft, Council Approved Trial Anchorage LocationJ. V. N Ok— A: 33.6188, -117.9266 B: 33.6191, -117.9262 C: 33.6182, -117.9245 D: 33.6172, -117.9255 Z Marker, 33.6177, -117.9247 Final Recommendation Ab % 6-12 n U } Z I May 5, 2016 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3311 1 949 644-3308 FAX newportbeachca.gov/HarborResources To those residents who live adjacent to the Turning Basin or the existing anchorage area: Greetings! I am writing to inform you that the City Council will be considering a proposal recommended by the Harbor Commission to add a temporary anchorage in the Turning Basin area this summer. The Turning Basin is defined as the body of water surrounded by the western tip of Lido Isle, the greater Lido Marina Village area, the Newport Boulevard bridge, and the western portion of Pacific Coast Highway. An anchorage area is defined by four buoys, and vessels may anchor within those buoys for up to five days at a time (extensions allowed). The anchorage area rules and regulations are established by the City yet managed by the Harbor Patrol. At their March 9, 2016 meeting, the Harbor Commission recommended re -installing this temporary anchorage to augment the existing, primary anchorage which is located between the eastern tip of Lido Isle and Bay Island. The temporary anchorage in the Turning Basin would be in place during the summer months of 2016 until approximately mid-September as a trial which would then be evaluated by the Harbor Commission and City Council at a later date. Depending on the outcome of this evaluation, a permanent anchorage could be pursued in the future. The City Council will be considering this proposal at their May 24, 2016 meeting, and you are invited to attend and provide comments. This meeting will be at: Newport Beach Civic Center Council Chambers 100 Civic Center Drive Newport Beach, CA 92660 May 24, 2016 7:00 PM If you have any questions, please feel free to contact either myself or Shannon Levin, Harbor Analyst, (949) 644-3041 or Shannon (Q_newportbeachca.gov Thank you, Chris Miller (949) 644-3043 cmiller(7newportbeachca.gov A�* 00" 41b 1P, 4 ' 0 100 200,, Feet I Aft, Council Approved Trial Anchorage LocationJ. V. N Ok— A: 33.6188, -117.9266 B: 33.6191, -117.9262 C: 33.6182, -117.9245 D: 33.6172, -117.9255 Z Marker, 33.6177, -117.9247 Final Recommendation Ab % 6-14 0.. COAST HWY W 2 4� Horace TURNING 4� Ensign.1r. '1h School mn0 BASIN Je , � s R A KINGS RD cy9 LIDO Sr VIA MALAGA ISLE t4D S I/00 "'o P > -Z 75kve 31ST ST ° �::�n ��ne�t s,� ��h� � �z fnN 9a; �'Pp�e° ' p2 30TH ST 0 7- 41 235 470 14' 'y Feet lo Proposed Visiting = Notified Properties ok Anchorage Area - Notification City of Newport Beach GIS Division 0 June 17, 2015 PropmedVistingAnch_Notification.mxd U-10 e o 27s sso Feet ISLE Anchorage Area Notification • r City of Newport Beach GIS Division February 08, 2016 manuo Attachment F Miller, Chris From: Jeffrey Branman <jmbranman@gmail.com> Sent: Tuesday, May 10, 2016 8:10 PM To: Levin, Shannon Cc: Branman Kathryn Subject: Temporary anchorage Shannon, As a Harbor Analyst I wonder whose interests are you serving other than complying with a directive by the Newport Beach City Counsel to find SOMEPLACE to stick more revenue generating boats to anchor in our harbor's already cramped waterway around the turning basin. It is inconceivable that Newport Beach RESIDENTS want our harbor choked with more boats in anchorage wheN so much traffic dances around NOW trying to just get out of each others way! The eastern tip of Lido has a much bigger and more open stretch of water than the turning basin. That eastern tip is now very crowded and overly taxed with anchorage sites but there is still adequate room (more than one he proposed limits for the turning basin of as little as 250 feet) Now the western tip of Lido will have no more than 250-325 FEET, NOT YARDS, left for maneuvering for all motorized personal and for-profit PARTY boats, sail boats, rowing team boats, electric powered Duffys, AND ALL OF THE INDIVIDUAL USERS OF OUR HARBOR that need some room to move about freely such as paddle -boards, and kayaks, inner -tubers, etc. enjoyed by our citizenry. Why not just pour concrete in the harbor and charge for parking. Lots of money there. Movement with this plan will be so restricted and inhibited that it will seem like a parking lot. This action is beyond short-sighted. It will severely limit the current and future enjoyment of our harbor by those who already feel hemmed in by the Council's abusive, greedy, acquiescence to outside interests. Why else would they be trying to "find" more anchorage space? It's always, ALWAYS about more revenue for the City coffers at the expense of the citizens living in the city. This is a terrible idea. Temporary, HA! This WILL be money generating and the City will be counting on getting it permanently. Am I wrong? My two cents, Jeffrey M. Branman imbranman@gmail.com (949) 793-0793 6-17 114 Via Cordova (Lido Isle) Newport Beach, CA 92663 Sent from my Whone