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Home My WebLink About2017-33 - Authorizing the Establishment of a Temporary Trail Anchorage in the Newport Harbor Turning BasinRESOLUTION NO. 2017-33 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 trials during the summer months of 2015 and 2016, and the City Council approved and implemented those trials; WHEREAS, the trial anchorages in 2015 and 2016 were successful, but the Harbor Commission is recommending an additional trial to better gauge the use or potential permanent seasonal 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 2017 (May 26 to September 17), and that it be configured per the 2016 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. Resolution No. 2017-33 Page 2 of 3 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 2017 (May 26 to September 17) as recommended by the Harbor Commission and as depicted on the attached Exhibit A, 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. Section 5: The Mayor shall sign and the City Clerk shall certify the vote adopting the passage of this resolution. ADOPTED this 9'h day of May, 2017. ATTEST: wiou� - 60i= Lei ani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Resolution No. 2017-33 Page 3 of 3 IV Qyu, Attachment A: 2016 City Council Approved Configuration STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2017-33 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the gth day of May, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 101h day of May, 2017. V V/ k raw ( Leilani I. Brown City Clerk Newport Beach, California (Seal)