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HomeMy WebLinkAboutSS2 - Dinghy Storage for Offshore MooringCITY OF NEWPORT BEACH • CITY COUNCIL STAFF REPORT Study Session Agenda Item No. 2 December 9, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Harbor Resources Division (City Manager's Office) Chris Miller, Supervisor, 949 - 644 -3043 cmiller@city.newport-beach.ca.us SUBJECT: DINGHY STORAGE FOR OFFSHORE MOORING PERMITTEES —PHASE I ISSUE: Should the City add to the quality and quantity of areas to store dinghy vessels in and around Newport Harbor? RECOMMENDATIONS: None -- for discussion purposes only BACKGROUND: • The Problem. The offshore mooring permittees rely on dinghies as the only way to reach their vessels in the Harbor. Currently, there are no dinghy storage facilities in the Harbor to accommodate these boaters. This forces the permittees to load and unload their dinghies from their cars every time they wish to access their offshore vessels, therefore creating an extra burden to the boater. In addition, the public pier time limits are too short to allow boaters access to upland facilities and businesses. The current time limits are also difficult to enforce. The proposal for dinghy storage for offshore mooring permittees has been under various forms of consideration for almost four years. Much thought and preparation has gone into this proposal, mostly within the past year when the Newport Mooring Association (NMA) submitted a specific plan for Newport Harbor. Consequently, the dinghy storage concept has transformed into several variations of the original document to its final state (Phase 1) outlined below. Public pier time limits were also increased at a few sites to reduce the fear of impoundment and to promote a more user - friendly Harbor. This Phase I proposal has been well publicized to gather as much input from the public and interested parties as possible. Examples of the community outreach to date have been: Regular sub - committee meetings consisting of Harbor Resources, Harbor Commission and NMA members; • Several articles in the Daily Pilot, The Log and The Current newspapers; • Approximately 210 outreach letters to solicit community feedback; • 0 Public comment at Harbor Commission meetings; • Public invited to an open forum sub committee meeting. Dinghy Storage for Offshore Mooring Permittees — Phase I December 9, 2003 Page 2 PLAN OUTLINE: • General Details • Phase I is considered a pilot project and will be re- evaluated after 12 months of implementation. If the program succeeds, Phase If and possibly Phase III may be added upon approval by the Harbor Commission and City Council. • A permit will be required from the Coastal Commission if the City Council approves Phase I. • Racks on the beach were chosen because they were the "cleanest" form of storage in that they are compact, organized, orderly and provide minimal interference with the public use of beaches. The City will be able to control the number of dinghies in any one location (one rack for one dinghy). o Other storage options were considered, including stringing chains parallel to the beach so dinghies could tie to them. This was deemed unsightly and a hazard to the public's beach access. • Dinghy racks on the beach will be available to offshore mooring permittees only. In the future, the racks at the Balboa Yacht Basin may be available to BYB tenants. • One rack per mooring permittee. Racks will be numbered and dinghies will have stickers which will be distributed via a lottery system through Harbor Resources. Yearly bill will be $168 ($14 per month). • Racks will be used at permittee's own risk. Eye bolts will be provided for permittee locks and chains. • Dinghies will be limited to 11 feet. • • There will be no restriction on hours of operation. • Racks will be low profile, simple, stacked, and either 2 spaces high, 2 spaces wide (4 spaces total), or 3 spaces high, 2 spaces wide (6 spaces total). • No outboard motors, motor oil or other accessories will be allowed on or near the racks. Oars must be secured neatly inside the racked dinghy. • Proper signage clearly stating the rules will be displayed at racks and pier locations. • Racks will be designed and built by General Services. They will be similar to the City owned racks at 18"' Street. • The City staff, Harbor Patrol and the NMA will provide common enforcement for the racks. The Harbor Patrol will enforce the public pier time limits. • Municipal Codes will need to be changed (See Appendix C) 0 17.28.010 —Maintenance of Public Piers, Regulations 0 17.16.020 (A, B & D) — Boat Launching and Hauling • Although the City will incur an extra liability by placing a foreign object on the beach, this will be offset by promoting increased usage of the Harbor by providing better access to the mooring community. RACK LOCATIONS (See photos in Appendix A) • Fernando Street 0 2 racks total, one on both sides of the pier (8 boats total) 0 2 wide, 2 high per rack • 15'" Street 0 2 racks total, one on both sides of the pier (12 boats total) • 0 2 wide, 3 high per rack Dinghy Storage for Offshore Mooring Permittees — Phase 1 December 9, 2003 Page 3 • 16`" Street 0 3 racks total along the chain link fence next to the American Legion property line (12 boats total) 0 2 wide, 2 high per rack • 18'h Street 0 3 racks total next to existing City racks, against the shrubs (12 boats total) 0 2 wide, 2 high per rack • Balboa Yacht Basin 0 4 racks total at the storage yard (16 boats) 0 2 wide, 2 high per rack PIER TIME LIMITS (See diagrams in Appendix B) • Fernando Street — pump out 0 20 minutes bayward side 0 20 minutes on the one side where pump out is located 0 2 hours on the other side, opposite of where pump out is located 0 72 hours on upland side • 15"', 19`" & Coral Street — No pump out 0 20 minutes bayward side 0 2 hours on both sides 0 72 hours on upland side COMMUNITY OUTREACH • Approximately 210 community outreach letters were sent to all residents within 300' of each dinghy rack site and / or affected public pier. Letters were not sent to the mooring permittees because they were already queried in late 2002. The results in the table below reflect the number of responses returned to Harbor Resources via letters, emails and phone calls. 16 Agree 1 20 Disagree • Comments did not properly interpret that dinghy racks were not part of the Coral Street proposal. " 191" Street and Lido Bridge results subtracted from total due to removal of these sites from Phase I implementation as a result of public comments. J Agree Agree With Suggestions Disagree Disagree (Misconstrued •) General Comments 1 1 4 Fernando St. 1 3 15th Street 2 1 16th Street 1 18th Street 3 1 5 oral Street 4 3 6 4 otal (I 91h & Lido) 9 7 20 4 16 Agree 1 20 Disagree • Comments did not properly interpret that dinghy racks were not part of the Coral Street proposal. " 191" Street and Lido Bridge results subtracted from total due to removal of these sites from Phase I implementation as a result of public comments. J Dinghy Storage for Offshore Mooring Permittees — Phase I December 9, 2003 Page 4 Revenue Costs • vs. Total Number of Racks 14 Total Number of Spaces 60 Monthly Fee Per Space $ 14.00 Yearly Fee Per Space $ 168.00 Total Revenue Year 1 $ 10,080.00 Total Materials (Approximate $725 per rack) $ 10,150.00 Other Costs (signage etc...) $ 1,000.00 Total Direct Costs $ 11,150.00 Net Loss (Year 1 only) $ (1,070.00) The monthly rental rate is in line with the local yacht club's sabot rack rates. Assuming full capacity, profit will be realized after the first year. Estimated life of racks would be 7 -10 years. Additionally, it is estimated that it will take 320 man hours to construct these Phase racks. The NMA has recently completed a demand survey to confirm a need for these racks. According to the data collected in October and November 2003, there will be sufficient • demand to fully utilize the proposed racks. No. of People Who Location Would Rent Racks Fernando 14 15th 30 16`h 5 18th 24 BYB 25 * Total demand for 15th and 161h is 35 potential applicants and the proposal calls for 24 spaces between these two sites. These sites are within close proximity, so the spaces probably would be filled. Enforcement and Management After Installation: The Harbor Department is committed to enforcing the proposed time restrictions on the public docks. Also, a common effort between the City departments will be necessary to ensure the racks are used properly (boats left on the beach, no engines, oil etc...). Maintenance issues will be resolved by General Services. Previous Actions: The Harbor Commission unanimously approved Phase I at its public meeting on September 10, 2003. What's Next: If the Council likes this proposal at the Study Session level, we will bring it back to the Council at a nighttime meeting for formal approval with: A $11,150.00 Budget Amendment to fund construction and installation; and • Proposed changes to the Municipal Code Dinghy Storage for Offshore Mooring Permittees — Phase 1 December 9, 2003 Page 5 • Environmental Review: Implementation of this project is categorically exempt (Class 3, Section 15303, New Construction or Conversion of Small Structures). It will be necessary to apply for a Coastal Development Permit (CDP) through the California Coastal Commission for the rack locations. Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers this item). Alternatives: Instead of agreeing to the Harbor Commission's recommended plan, the Council could: Refuse to adopt the Phase I proposal; Offer amendments to the Phase I proposal and adopt it with those amendments; Offer amendments to the Phase I proposal and return it to the Harbor Commission for additional review. Prepared by: r. Chris Miller, Harbor Resources Supervisor • Attachments: Rack and Pier Locations Public Pier Time Limits Municipal Code Changes FAQ Sheet In Outreach Letters • Submitted by: Da iff, Assistant City Ma ager Dinghy Storage for Offshore Mooring Permittees — Phase I December 9, 2003 Page 6 Appendix A Rack & Pier Locations Fernando Street 2 Racks (2 spaces wide, 2 spaces high) Increased pier time limits 2 Racks (2 spaces wide, 3 spaces high) Increased pier time limits 3 Racks (2 spaces wide, 2 spaces high) Along the chain link fence next to the American Legion • • • • C� • Dinghy Storage for Offshore Mooring Permittees — Phase 1 December 9, 2003 Page 7 3 Racks (2 spaces wide, 2 high) Increased pier time limits Increased pier time limits 4 Racks (2 spaces wide, 2 high) 20 Minutes 2 Hours Dinghy Storage for Offshore Mooring Permittees — Phase 1 December 9, 2003 Page 8 Appendix B • Public Pier Time Limits Fernando Street Bulkhead 72 Hours 72 Hours Pump Out ■ 20 Minutes 15`h, 19`h & Coral Streets Bulkhead 72 Hours 1 1 72 Hours No Pump Out 20 Minutes 2 Hours 2 Hours • • Dinghy Storage for Offshore Mooring Permittees — Phase I December 9, 2003 Page 9 • Appendix C Municipal Code Changes Once Phase I is approved, the Municipal Code sections below will need to be updated. Municipal code 17.28.010, Maintenance of Public Piers — Regulations "Public piers and other harbor facilities may be maintained by the City for the purpose of loading and unloading passengers, supplies, and boating gear and for similar purposes. It is the policy of the City to maintain such facilities in a manner that will permit the greatest public use and avoid continuous occupancy, congestion or blocking thereof. Where necessary to achieve public use and avoid extended occupancy, congestion or blocking thereof, the City Manager is authorized and directed to post signs limiting the time durinq which a vessel may be docked or supplies or gear may be placed at or on any such pier or facility to twenty (20) minutes except that a four -hour limit is imposed on the Rhine Wharf Park, subject to the following conditions..." Municipal Code 17.16.020 (A, B & D), Boat Launching and Hauling. This affects the Balboa Yacht Basin. Current regulations do not allow for launching vessels from docks. "No person shall launch or remove any vessel from the waters of Newport Harbor over any public seawall, sidewalk, street end or public property, except • at locations where a regular business of launching and hauling vessels is conducted or at launching sites designated by resolution of the City Council. The following regulations shall apply to the use of boat launching sites as designated by the City Council, and any person violating any of said regulations shall be guilty of a misdemeanor: A. Said boat launching locations may be used only between the hours of eight a.m. and eight p.m., unless otherwise specified by resolution of the City Council. B. The use of motors on any vessel or watercraft being launched or recovered shall not be permitted within two hundred (200) feet of such launching sites unless otherwise specified by resolution of the City Council. D. No trailers, dollies, rollers, or other mechanical devices maybe used for purposes of launching any vessel or watercraft at said locations, or for transporting them on beaches. (Ord. 2002 -18 (part), 2002)° • ;l Dinghy Storage for Offshore Mooring Permittees — Phase I December 9, 2003 Page 10 Appendix D • Frequently Asked Questions (FAQ) Prepared by the Newport Mooring Association Why do we need this now? This has never been an issue before? Why change? Answer: Many mooring permit holders now have very limited or no access to their vessels. Often it is necessary for them to park, unload an inflatable from the car or truck, pump it up, port it across the beach, then launch it in order to get to their vessel on a mooring. In addition, current codes restrict public dock use to 20 minutes. This time limit prevents mooring permit holders from leaving their dinghy to go ashore, even briefly. There are very few dinghy storage facilities on shore. This proposal is to alleviate this situation and thereby provide a more `boater friendly harbor' for mooring permit holders and visitors. It is consistent with and responsive to Goal HB -2, Public Access of the Harbor and Bay Element (of the General Plan): "To maintain and enhance public access to the Harbor water and waterfront areas." The proposal directly responds to Implementation Strategy 4: "Provide adequate landside and waterfront access to anchorages, offshore and • onshore moorings through dinghy launch, dinghy storage and public parking facilities throughout the Harbor." Who is going to pay for these facilities? Answer: The users will pay for the cost of the proposed facilities. The cost of these facilities will be returned to the city by means of a dinghy mooring permit which will be issued to offshore mooring permit holders upon payment of an additional fee when they get their annual mooring permit. This fee will pay for the costs of installing and maintaining the proposed facilities. The dinghy mooring permit will be shown by an official sticker affixed to the dinghy and will be accompanied by a list of rules and regulations. These rules and regulations will specify conditions of facility use, requirements for dinghy maintenance and penalties for misuse of the facilities. Newport Mooring Association will provide continuing education on the rules and regulations. r; • Dinghy Storage for Offshore Mooring Permittees — Phase 1 December 9, 2003 Page 11 • 3. How is the City going to police these facilities and the dinghies parked there, to make sure that they are maintained in a clean and orderly way? Answer: The Harbor Patrol and City staff will provide surveillance and enforcement of the rules and regulations. Having these regulations in place and the identity of the stickers available, staff will be able identify and correct problems quickly. 4. What happens when a dinghy gets loose? Who do I call to correct the misuse of these facilities, negligence or errant vessels? Answer: Harbor Resources will be responsible for enforcing misuse of the facilities. The Harbor Department will be responsible for any errant vessel issues. 5. Where are they going to park? What are the hours of access? Answer: Parking will be on the public streets where normally permitted. There is no change in this. Access will be 24 hours. 6. How big of a dinghy and how many dinghies will be authorized to use the facilities? • Answer: Dinghy length will be limited to 11 feet. One dinghy mooring permit will be issued for each offshore mooring permittee. What is the City going to do about pump out access? What keeps the boaters from using the bay? Answer: Pump out access at the public dock (Fernando) will not be affected by this proposal. The 20 minute time limit for the bayward side of the pump out dock will remain the same. There will be a 20 minute time for the side that has the pump out. The other side will be 2 hours. For non -pump out docks, the bayward side will be 20 minutes and two sides will be changed to 2 hours. On the upland side for both pump out and non -pump out docks, the time will be 72 hours. The Harbor Patrol will monitor the upland sides of the dock for overcrowding and permanent locks and cables. 8. 1 just paid $3 million for my house. Can I get a dinghy dock permit? 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Box 1768 Newport Beach, CA 92658 Subject: Proposed changes to time limits for public docks. Dear Mayor Bromberg and Members of the City Council As a former member of the city's Harbor Committee and as a mooring permittee for over 25 years, I wish to add my voice to those in favor of the dinghy rack proposal. The racks will provide an orderly, affordable, and enforceable solution to the problem of dinghy storage for those with off shore moorings. I congratulate the Harbor Commission and the city staff and council for finally tackling this difficult issue. However, I do have some reservations. After reviewing the staff report entitled Dinghy Storage for Offshore Mooring Perm ittees-Phase 1 I have some questions and concerns regarding the proposed changes to the time limits on four of the city's public docks (pages 3, 6, 7, and 8). I fully support leaving the bayward face of the docks at 20 minutes, and I believe a change to a two hour limit on the sides is appropriate. I do feel, however, that the proposed change of the time limit on the upland side of the docks to 72 hours will result in unintended congestion of the entire dock. Of primary concern is the lack of a clear definition of a "72 hour limit ". Is this intended to allow a dinghy to remain at the dock for three days out of each week, or out of each month? Or is it intended to allow semi - permanent (free) in the water storage for those who visit their dinghies often enough to retie them every three days or so. If this is the case, the nearby residents, as well as many other small boat owners will make this a very popular and crowded location. The s aff report does not call for a permit, or for a din ghv size restriction for the 72 hour use of the upland side of the designated docks. If it is difficult for a peace officer to determine whether or not a vessel is in violation of the 72 hour limit due to it simply being retied, it is likely that this limit may be considered unenforceable. In the past, several public docks have had their periods of lax enforcement and their overall utility to the general public has suffered. The public dock at Fernando Street is the most recent example. In addition to being used as a drop off and pick up point for numerous vessels and their passengers, the Fernando Street public dock is a vessel pump -out station. It is also heavily over used as a long term dinghy storage dock (attached photos). It is not uncommon for dinghies tied on long lines, or retied by others, to interfere with a larger vessel's ability to tie to the bayward face of the dock for the aforementioned purposes. Even a dock wherein only moderate dinghy use of the upland side is envisioned, it is easy to see that dinghies tied near the side comers will force those using the 2 hour sides (for example, 16' -20' electric boats) to "tie back" to avoid being bumped (attached drawing). Under uncrowded circumstances a courteous boater using the 2 hour side of the dock would normally tie forward so that the stem of his vessel did not interfere with another vessel attempting to use the 20 minute bayward side. If vessels tied to one or both of the proposed "2 hour" dock sides are forced to tie back because of the long term dinghies, then the outside (20 minute) is effectively blocked for up to two hours or more. Also, dinghies left overnight tend to be locked to the dock to avoid theft. This makes them immovable if an unthinking owner has locked them tightly to the dock. Others who may wish to use the dock have to deal with a locked boat when trying to find room for their own. This recently happened at the Coral Street public dock. Two dinghies were cabled on, one for two weeks and the other for over four weeks. They thoughtlessly blocked access to both side ties and forced those wishing to use the dock to the outside tie, thereby limiting access for larger vessels. Enforcement of the standing 20 minute limit was an issue in even this simple case. City staff deferred to the Harbor Patrol who, in turn, did not feel that overtime at a city dock side -tie was within their area of responsibility. I am told that this has been resolved. However, it serves to illustrate the importance of designating who is responsible for enforcement and sticking to o it. I do not believe that these racks, and especially the 72 hour in -water dockage, will police themselves. Perhaps a phone number could be provided on the signage for those experiencing a problem. There are also other issues regarding providing in- the -water storage behind the public docks. Is it fair to those who pay the fees and maintenance to keep their dinghy on a shore mooring? Another question that comes to mind is whether or not a dinghy assigned to a shore rack which is near a public dock would ever find its way to that rack when it would be far easier to leave the dinghy in the water. Also, it is reasonable to point out that many dinghies that congregate behind public docks tend to be run down and unkempt. Much of this is due to the rough, close quarters environment behind the dock. Again, I applaud everyone involved with this proposal. As a Newport Mooring Association member I have a very good idea of how much time and effort has gone into it. The majority of the suggestions will improve access to the bay, a keystone of the Harbor and Bay Element. However, the vublic docks area limited resource with regard to bay access for everyone - tourists, boaters, swimmers, fishermen, as well as mooring permit holders. Please consider a clarification or a modification to the proposed 72 hour limit (perhaps no overnight tie -ups) that will make a time limit that is easier to enforce and help keep the public docks available to all who wish to use them. Sincerely, Mark Sites ...�. �¢ .� �` „� �� "� I -- � t -� �! �' i ,.: ,�,�, „.. ,.,a�. `. � �. ,�.,, r ,,, / �'� \�� E 2 .` J. . � . �,l_ ' WIJA 1 20 Minutes 2 HOUR Vessel able to tie forward. Public Pier Time Limits Fernando Street Bulkhead 72 Hours 72 Hours Pump Out ■ 20 Minutes Typical Public Pier t 2ef �- 20 K NM 2 Hours 20 minute access for larger vessels to face of dock may be limited by 2 hour vessels having to tie back. 2 HOUR Vessel tied back to avoid being bumped by dinghies.