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HomeMy WebLinkAbout2009-1 - Amending Sections 17.25.020 of Chapter 17.25 and Sections 17.50.100 of Chapter of Title 17 of the Newport Beach Municipal Code Pertaining to Sea Lion Compliance and the Time Limits for the First Warning Letter.ORDINANCE NO. 2009-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTIONS 17.25.020 OF CHAPTER 17.25 AND SECTION 17.50.100 OF CHAPTER 17.50 OF TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SEA LION COMPLIANCE AND THE TIME LIMITS FOR THE FIRST WARNING LETTER WHEREAS, sea lions generally migrate down the Southern California coast between the months of May and October, and WHEREAS, sea lions are becoming more prevalent in Newport Harbor, particularly over the past five years; and WHEREAS, sea lions tend to haul themselves out of the water for several hours of the day to help control their body temperature; and WHEREAS, sea lions seek large, flat surfaces such as vessels and docks to haul themselves out of the water; and WHEREAS, sea lions tend to compete for haul out locations by barking at all hours of the day and night therefore keeping the waterfront residents awake; and WHEREAS, the waterfront residents have asked that the time limits for the first warning letter to the vessel and dock permittees be shorted from 30 days to 10 days; and, NOW, THEREFORE, the City Council of the City of Newport Beach, California, hereby ordains as follows: SECTION 1: Section 17.25.020 (1)(4) of Chapter 17.25 of Newport Beach Municipal Code is hereby amended to read as follows: 4. If, based upon the appearance of the vessel, inspection by the City or Orange County Harbor Patrol or other facts, the Harbor Resources Manager determines that a sea lion has boarded a moored vessel, the Harbor Resources Manager shall provide the permittee with a notice of determination and the permittee shall take any and all necessary action to employ and maintain appropriate measures to deter sea lions from boarding the vessel within ten (10) calendar days of the mailing of the notice of determination. If the Harbor Resources Manager determines that appropriate deterrent measures have not been taken within ten (10) calendar days of the mailing of the notice of determination, the Harbor Resources Manager shall provide the permittee with a second notice of determination and the permittee shall: (1) take any and all necessary action to employ and maintain appropriate sea lion deterrent measures within seven (7) days of the mailing of the second notice of determination; or (2) remove the vessel within seven (7) days of the mailing of the second notice of determination. Appropriate deterrent measures shall be defined as the latest methodology permitted by National Marine Fisheries Service to minimize sea lion boarding of vessels assigned to a mooring. SECTION 2: Section 17.50.100 of Chapter 17.50 of Newport Beach Municipal Code is hereby amended to read as follows: If, based upon an inspection by the City or Orange County Harbor Patrol or other facts, the Harbor Resources Manager determines that a sea lion has boarded a permitted structure and /or any vessel or other appurtenances attached to the structure, the Harbor Resources Manager shall provide the permittee with a notice of determination and the permittee shall take any and all necessary action to employ and maintain appropriate measures to deter sea lions from boarding the structure and/or any vessel or other appurtenances attached to the structure within ten (10) calendar days of the mailing of the notice of determination. If the Harbor Resources Manager determines that appropriate deterrent measures have not been taken within ten (10) calendar days of the mailing of the notice of determination, the Harbor Resources Manager shall provide the permittee with a second notice of determination and the permittee shall take any and all necessary action to employ and maintain appropriate sea lion deterrent measures within seven (7) days of the mailing of the second notice of determination. Appropriate deterrent measures shall be defined as the latest methodology permitted by National Marine Fisheries Service to minimize sea lion boarding of a permitted structure and /or any vessel or other appurtenances attached to the structure. SECTION 1 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, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 4: 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 5: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 130i day of January, 2009, and adopted on the 270' day of January, 2009, by the following vote, to wit: FTIVEM" v\'�- KR CITY CLERK AYES, COUNCILMEMBERS Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich NOES, COUNCILMEMBERS None Nnn. STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani 1. 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 ordinance, being Ordinance No. 2009 -1 was duly and regularly introduced on the 10th day of January, 2009, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of January 2009, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of January, 2009. (Seal) ( -Q 4 City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2009 -1 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: January 31, 2009. 'i ilIlbi In witness whereof, I have hereunto subscribed my name this day of �' 1A City Clerk City of Newport Beach, California