HomeMy WebLinkAbout2015-62 - Authorizing the Establishment of a Temporary Trail Anchorage in the Newport Harbor Turning BasinRESOLUTION NO. 2015 -62
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 recommends the City Council approve the
installation of a temporary, trial anchorage area west of Lido Isle for 2.5 months, and that it
be configured as depicted on the attached exhibit, and that the anchorage area be at least
two hundred feet (200') 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. 2015 -62
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 recommends the City Council approve the
installation of a temporary, trial anchorage area west of Lido Isle for 2.5 months, and that it
be configured as depicted on the attached exhibit, and that the anchorage area be at least
two hundred feet (200') 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. 2015 -62
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 for 2.5 months from installation 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, 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 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 14 day of July, 2015.
ATTEST:
Leilani I. Brown 7 - A
City Clerk ��1F
Attachment: Harbor Commission Recommended Anchorage Configuration
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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. 2015 -62 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 14th day of July, 2015, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Petros, Council Member Curry,
Council Member Duffield, Council Member Muldoon, Mayor Selich
NAYS: Mayor Pro Tern Dixon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 15" day of July, 2015.
L i 4�mo"
City Clerk
Newport Beach, California
(Seal)