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HomeMy WebLinkAbout09 - Feeding of Wild Birds and Marine LifeCouncil Meeting - 1/11/99 Agenda Item No. 9 Council Meeting: December 14, 1998 Agenda Item No. 6 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY December 14, 1998 TO: Mayor and Members of the City Council FROM: Robin L. Clauson, Assistant City Attorney Steve Luy, Public Works Department RE: Proposed Ordinance Pertaining to Feeding of Wild Birds and Marine Life Discussion City staff has received data from Orange County Health Agency that indicates certain areas of the Newport Harbor and Newport Bay have had markedly high coliform counts. In some areas, the high counts have been specifically linked to fecal coliform. Although expensive DNA testing would be required to directly connect the high fecal coliform counts to wild birds and animals, the staff and Harbor Quality Committee has been provided with information of the probable relationship between the two. Both City staff and County staff have observed that in many public areas of the Bay and Harbor members of the public regularly feed the wild birds and animals. This has been known to artificially increase the numbers of wild birds and animals over the limits which would normally be supported by the natural habitat. There is concern that increased populations of these wild birds and marine animals result in increased waste and uneaten food in the water of the Newport Harbor and Newport Bay. County staff has reported that in an area of Dana Point Harbor, once a member of the public was encouraged to stop leaving large amounts of bird food along the harbor shores and an isolated storm drain was closed, the adjacent waters dropped from extremely high coliform counts to acceptable levels. Also, a recent article in the Los Angeles Times discussed an area known as "Children's Beach," in La Jolla. It was noted that coliform levels of 16,000 resulted in the waters adjacent to Children's Beach due to the large number of sea lions that congregated on the beach. There is also concern that regular feeding could result in birds aggressively approaching humans for food. Mayor and Members of the City Council Re: Proposed Ordinance Pertaining to Feeding of Wild Birds and Marine Life December 14, 1998 page 2 Upon review of the information concerning the high coliform count in the Bay, the Harbor Quality Committee recommended that staff place signs, similar to those used in Laguna Beach, in problem areas of the Harbor. Staff is recommending that Council consider adopting the proposed ordinance which would prohibit feeding wild pigeons, sea gulls, ducks, geese as well as seals and sea lions from any public place or on the waters of Newport Harbor or Newport Bay. The intent is to prohibit feeding of these animals in large numbers by means of scattering, throwing, or leaving bird food and other natural edible substances for these animals. It is believed that by limiting the source of food to food found in the natural environment, it will keep the populations from growing and contribute to lowering the coliform counts in the harbor and bay. Recommendation If desired, adopt proposed ordinance and pass to a second reading. ROBIN L. CLAUSON Assistant City Attorney STEVE UY Public Works Department RLC:krs Enclosures - Proposed Ordinance - Sample Sign F:\Cat\Shared\Ccme mo\FeedAnima lsOrd I21498.doc ORDINANCE NO. 98- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING NEWPORT BEACH MUNICIPAL CODE BY ADDING SECTION 7.20.060 TO CHAPTER 7.20 OF TITLE 7 PERTAINING TO FEEDING OF WILD BIRDS AND MARINE LIFE FINDINGS WHEREAS, the City Council of the City of Newport Beach has adopted a Water Quality Ordinance enacted as Chapter 14.36 of the Newport Beach Municipal Code. The Water Quality Ordinance was adopted per the mandate of the Federal Clean Water Act which requires contracting cities to reduce the discharge of pollutants to state and federal waters, to the maximum extent practicable; and WHEREAS, Section 14.36.020 defines pollutant to include animal waste; and WHEREAS, the City Council believes that the practice of feeding wild pigeons, wild ducks, geese and other wild birds as well as the feeding of marine animals such as seals and seal lions, has resulted in increased and unnaturally high populations of these animals and birds in and around the waters of Newport Harbor and Newport Bay. The increased populations can adversely affect water quality with excessive wastes that contribute to high coliform counts. WHEREAS, the City Council wishes to continue City efforts to participate in the improvement of Newport Bay and Newport Harbor water quality. The City Council believes that encouraging wild bird and animal populations at levels that can be supported by the natural habitat will contribute to cleaner waters in Newport Beach. NOW, THEREFORE, the City Council of the City of Newport Beach HEREBY ORDAINS as follows: Section 7.20.060 shall be added to Chapter 7.20 to read as follows: SECTION 1: SECTION 7.020.060 FEEDING OF WILD BIRDS AND ANIMALS PROHIBITED No person shall feed any wild pigeon, sea gull, duck, goose, or other wild bird, seal or sea lion in any public place or on the waters of Newport Bay or Newport Harbor. As used in this Section, the word "feed" shall mean scattering, throwing, or leaving bird food, fish, bread or other edible substances. SECTION 2: 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, 01 subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: 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 4: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the — day of 19_, and adopted on the _ day of 19_, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS I LTA l'• 7 ATTEST: CITY CLERK F:\ Cat \Sha red\Ord inan ce\FeedAn imals 120498.doc 2 IF YOU ENJOY SEEING DUCKS AND OTHER BIRDS AND WILDLIFE, DO NOT FEED THEM! Feeding of ducks and other birds and wildlife creates artificially high populations that cannot be supported by the natural habitat. Duck and other bird droppings contribute directly to high bacteria counts in bay waters resulting in beach closures. PLEASE DO NOT FEED DUCKS OR OTHER WILDLIFE. VIOLATORS WILL BE CITED. COUNCIL AGENDA NO. 9 RrCEI`JED CAROL H. WESTLING '99 JAN -6 A 8 :31 40 Balboa Coves Newport Beach, CA 92663 (949) 631 -5001 pi =iC't OF ;F,7 CITY CLEF,K. Dear Mayor O'Neil and Members of City Council, I would like to state that I am against proposed Ordinance No. 98 - 27, pertaining to the feeding of wild birds. I have lived in Newport Beach for 52 years and the presence of wildlife has always been a special part of our community. As Newport has grown, increasing the areas where humans live, the areas where wildlife can live have been significantly reduced. Thus the wildlife has been forced to have smaller and smaller habitats. Newport is the temporary home to many migrating waterfowl and the permanent residence to others. Before the City considers this Ordinance, I believe it is necessary to absolutely establish that the birds are causing the problem. This can be done with scientific testing which establishes the actual source of the bacteria. During 1998 the Rhine Channel was closed because of contamination. The Environmental Health Division of the O.C. Health Care Agency, which must find the source of the contamination prior to the reopening of an area, found the source to be restaurant dumpsters in the immediate area. Please find attached, the resulting notification to restaurants. Also in late 1998, the waterway surrounding Newport Island was closed due to contamination caused by Cal Trans when they broke a sewer pipe during their work on the new Arches Bridge. These are two examples of man -made contamination in our bay. There are a large number of storm drains and storm water courses that dump into our bay. Many of these are carrying all types of debris, waste, and yard run -off that leads to pollution. One has only to observe the condition of our bay after a big storm to see what all finds its way here. The attached pictures were taken in January 1998, on Newport Island and Balboa Coves. The Newport Island storm drain shows debis and run -off created solely from Newport Island. The pictures from Balboa Coves show runoff from Coast Highway, specifically the Arches Bridge construction site. The pictures show the size of the large debis coming down the drain and more importantly, the severe silting and pollution of the bay from that project. This silting over of the area significantly reduced the native sea grass and sea lettuce growth in the bay that the migrating birds feed upon. Once again the people have destroyed the birds' natural habitat. This happened repeatedly last year and yet City officials chose not to have Cal Trans be responsible for the clean up, or for that matter prevention during the project. There are, of course, additional stone drains throughout our bay, all carrying run -off from people's yards, dog runs, and numerous other sources of pollution. Another man made source of contamination would be the boats that illegally dump their sewage tanks in our bay. Evidence of this is often seen. Stricter regulation of those living on their boats, the large party boats and others who illegally dump their sewage tanks needs to be enforced. Carol H. Westling Page 2 I do not believe there is significant evidence to warrant an ordinance prohibiting the feeding of wild birds. We need scientific evidence. We also need to be mindful of the fact that we have significantly reduced and/or destroyed the wild birds habitats, making it more difficult for them to live and eat naturally. The winter is when we naturally have many more birds...birds that are migrating from much colder places. Must these migrating birds and our local birds be penalized one more time by man? I ask you to please consider better regulation of man made pollution causes, like the storm drains I have shown you, boat sewage, dumpsters, construction , and the storm water courses leading into our bay. Rather then outlawing the feeding of wild birds which may at best have only an unproven minor effect, let's look at the big picture. The man made pollution sources are far more significant in volume and destruction of the health of our bay. Please do not pass this Ordinance. It serves only to penalize wild birds, rather then addressing the true culprit: man. Sincerely, Carol H. Westling January 3, 1999 Carol H. Westling Page 3 CITY OF NEWPORT BEACH RESTAURANT CLEANING AND MAINTENANCE GUIDE August 7, 1998 TO ALL RESTAURANT OWNERS, MANAGERS AND STAFF The City of Newport Beach has recently experienced several beach closures due to high bacteria counts in the Bay. Orange County Environmental Health Division's stormdrain bacteriological monitoring has indicated that this high bacterium count may be associated with Newport Beach Restaurants. During the course of cleaning equipment and facilities some materials, cleaning agents and/or rinse waters may migrate into the storm drain system and finally Into the bay. In addition dumpsters provide a perfect incubator for bacteria and flulds may leak from the dumpster into the storm drain system. The storm drain system consists of the curb and gutter, catch basins and pipes. which carry rainwater from our streets Into the bay. The City seeks the support and assistance of all restaurant owners, managers and staff in eliminating the possibility of this type of occurrence. It is in our mutual best interest to maintain the recreational waters in Newport Beach to high standards In order to promote and facilitate the tourism that contributes to our local economy. In order to eliminate potential undesirable material, dumpster effluent and cleaning agents from migrating into the storm drain system and bay, it is necessary that all cleaning and dumpster storage be confined to a dedicated area With a haM surface Where any discharge is connected to the sewer system, This area must also have a cover to keep rain from entering the sewer connection, Any new connections to the sewer system will require a permit from the Building Department, Absolutely no material, dumpster effluent, cleaning agents and /or rinse waters should be allowed to migrate into the storm drain system. Allowing any material, dumpster effluent, cleaning agents and /or rinse waters to enter the storm drain system Is a violation of numerous municipal, state and federal laws. In addition it is important to periodically sweep your parking lot area in order to remove any potential contaminants. Sweeping of the parking lot should be conducted on a weekly basis, at a minimum. You should also be aware the City will be increasing it's efforts to enforce'these requirements and the fines can be severe, starting at $100,00 for the first occurrence. Thank you for your support in making our community a better place to visit and dine In. If you have any questions please call the City's Code Enforcement Supervisor, Jim Sinasek. at (949) 644.3215 or the City's National Pollutant Discharge Elimination System Coordinator Stephen Luy, at (949) 644 -3330. Sincerely, Q. Don Webb Public Works Director E LJ 0 Carol H. Wesding Page 4 Ne u,poct --Ls \av%,L �Wm �a a .� y ♦ ,. . r ,�,.. d•.^ , S • t �.. � {rr •rte\ a 5� gjr 1' n +_ '.F y �' a.yv '� 1Q 1� .. l _ R, '' _ ;a f � � w ..• .r ^"r { rpF 1 r ' i' • 7%' . 1! � 1 ? � '+. 4y+@ +. "T..e,Gr4 J��- .•�'1�... yrt �. a . ` ,+'�. - �:''�SVV is •T .�'�r` r � �`Y� y •� �r��" � f .�'° A •t -tea._ -mot a.' IP �. ♦. `p, � `��r V .rMCLti- 1• 1 • 4!I V � .j `r•� >•� :111.1. .� a ` FY � ! to • • t r 'w . L rM � 1 i • fi _ • •` °�. tl ➢ •' 1, l•) mss.. ':!+ • r i k• 01� 4. 3d f �" I' rL�+ � pie �•. /i ri �•�,ic'"'� %e'.,• �.' tom._ � ,� w n: �' _ ,�� iG •;'°r ::�y7�. :�`` a •. COUNCO AGENDA RECEIVED N0 January 5, 1999 To: Dennis O'Neil, Mayor (, g and all members of the N wport $eac1h2City Council Re: Proposed Bird PatrolbFFICE OF THE CITY CLERK CITY OF X--WPORT BEACH First let me state that I am against the proposed new law that would make it illegal to feed birds. Surely the City must have better things to do with its valuable time. I have lived on the ocean front for over 25 years and prior to that I was here when Theodore Robins Ford was located in Newport Beach (my parents bought a car from them) and they entertained their guests at the Hurley Bell Inn or Christian's Hut. The birds were here then, they are still here today and they will be here tomorrow. If the City Council would actually go to the beach you would see that the Gulls have evolved (if I may use this seven letter word) into highly efficient hunters and gatherers. I have watched with amusement as they swoop down upon the blanket of some hapless tourists who have temporally left their food supply unattended while they go for a swim. The gulls, with masterful precision rip apart bags of potato chips, unwrap sandwiches, devour cookies until the hapless family returns to defend their larder. Later in the day, as the tourists depart, the gulls stand sentry over the public trash bins, which the birds have learned, will become the depositories for all the uneaten food of the day. Do you really think that outlawing the feeding of birds will stop the Avian Air Force? Will the birds recognize and obey the Newport Beach No -Fly -Zone? What about Bird Fee'der's, Bird Baths and Bird Houses. All of which encourage birds to frequent Newport Beach and, in the case of Bird Houses, encourage procreation. Will they be outlawed? I too am concerned about pollution in our waters but I think the City needs to probe deeper into the cause and look for to the scientific community for a possible solution to this organic pro lem. EleanortTodd/ Spoken Word (949) 546 -7690 Written Word 4703 Seashore Drive, Newport Beach, CA 92663 Facsimile Word (949) 546 -3955