HomeMy WebLinkAbout07 - Proposed Harbor Speed Limit ExceptionsPORT CITY OF
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_ i NEWPORT BEACH
City Council Staff Report
<i FO RN
May 8, 2018
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Chris Miller, Harbor Resources Manager,
cmiller@newportbeachca.gov
PHONE: 949-644-3043
TITLE: Proposed Harbor Speed Limit Exceptions
ABSTRACT -
The Harbor Commission is recommending that the Municipal Code relating to speed limits
in the harbor have exceptions for human or wind powered vessels for events such as
sailing regattas, races and practices as well as exceptions for support vessels to those
human or wind powered vessels during those events. However, before the Municipal
Code is changed, the State Parks Division of Boating and Waterways must be consulted
for comments before any speed limits in the state can be changed. Staff is requesting
approval from City Council to forward the proposed harbor speed limit exceptions to the
state for review. Depending on the outcome of that review, staff will return later with a
proposed Ordinance for review.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
and
b) Authorize staff to forward the City's proposed exceptions to the harbor speed limit
within City tidelands to the State of California for review and comments. Staff will
return later for formal adoption.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION -
Amending the Newport Beach Municipal Code to allow exceptions to the speed limit for
certain events has been a goal of the Harbor Commission since 2008. At the time,
significant public input was received in support of such a change, and the Harbor
Commission has subsequently kept this as one of their Objectives for the past several
years.
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Proposed Harbor Speed Limit Exceptions
May 8, 2018
Page 2
The intent of the exceptions is to allow human powered craft or wind powered vessels to
travel at speeds above five nautical miles per hour over City tidelands under certain
conditions such as races and practices via a City issued permit. In addition, support
vessels during these events would also be permitted to travel in excess of the speed limit.
However, no vessels may operate in an uncontrolled, un -seamanlike manner or at a
speed that endangers the safety of persons or property.
Please see Attachments A and B for proposed draft Municipal Code changes.
The County of Orange was consulted during the process, and aside from some
operational concerns that staff can address, they conceptually agreed that the City could
change the speed limit over City tidelands. However, the County would retain its speed
limit rules (five miles per hour) over County tidelands.
Before the City Council formerly reviews and approves an ordinance to allow exceptions
to the speed limits, the State Parks Division of Boating and Waterways must also be
consulted for comments. Staff is seeking City Council approval to forward the proposed
changes to the state for review. After comments are received and evaluated, staff may
return to the City Council for a Municipal Code change later.
Staff anticipates the process outlined above to take some time, but to be in place by the
end of 2018.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) 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.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Newport Beach Municipal Code (various sections — redline, DRAFT)
Attachment B — Newport Beach Municipal Code (various sections — clean, DRAFT)
Attachment C — Map of City and County Tidelands
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Attachment A
17.01.030 Definition of Terms.
H. Definitions: H.
4. Harbormaster. The term "Harbormaster" shall mean the Commander of the Orange
County 'her Operations��
Harbor Patrol/MarineHarbormaster of the City of
Newport Beach, or his or her designee, Or S, GGess„r entit
R. Definitions: V.
1. Vessel. The term "vessel" shall mean and include every description of watercraft used
or capable of being used as a means of transportation on water. This includes all vessels of
any size home -ported, launched/retrieved, or visiting in Newport Harbor, arriving by water
or land, and registered or unregistered under State or Federal requirements, except a
seaplane on the water.
a. Human Powered Vessel. The term "human Dowered vessel" shall mean a vessel
that is being propelled by the human body through the use of oars, paddles, or
the like and without the use of wind, a motor. or other machinerv.
b. Wind Powered Vessel. The term "wind powered vessel" shall mean a vessel that
is being propelled by the wind through the use of sails and without the use of a
motor or other machinery.
17.20.020 Vessel Operation.
A. Speed Limit. No owner, operator or person in command of any vessel, except a public
officer or employee in the performance of his or her duty, shall operate the same or permit
the same to be operated in any portion of Newport Harbor or the water in the present or prior
channel of the Santa Ana River within the City at a rate of speed in excess of five nautical
miles per hour, or at any speed which creates a wake that may cause damage to moorings
of vessels or floating structures, except as hereinafter provided.
17.20.070 Vessel Races.
A. The Harbormaster may issue a permit to a person, as defined in Code Chapter 17.01,
or any successor chapter, that would allow individuals operating a human powered vessel,
wind powered vessel, or vessel providing support services to a human or wind powered
vessel as part of the person's special event (e.g., race) or organized practice to exceed the
speed limit provided in Code Subsection 17.20.020(A), or any successor subsection.
Notwithstanding the foregoing, no person shall operate any vessel in an unsafe,
uncontrolled, or un -seamanlike manner, and in no event at a speed that endangers the
safety of persons or property.
B. The Harbormaster has discretion to determine if a permit shall be associated with a
single event or multiple events; however, no permit shall be valid for more than six (6)
months from the date of issuance.
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C. Permits issued under this section are non-transferrable and shall be in addition to
anv license. Dermit or fee reauired under this Code or anv other provision of law.
D. The Harbormaster may impose conditions on a permit to protect persons and
property and to assure that the activity allowed under the permit will not create a nuisance
or interfere with the reasonable use of Newport Harbor by other vessels or persons. At a
minimum, every permit issued under this section shall be conditioned to require permittees
to: (1) obtain, provide, and maintain at their own expense, for the full period of time for which
the permit is granted, policies of insurance with such limits and coverage as established by
the City Risk Manager that clearly identify the activity and vessels, covered; (2) indemnify,
defend and hold harmless the City, County of Orange, and the State of California for all
liability, injury or damage that relates to or arises from permittee's event/activity; and (3)
comDly with this Code. California Harbors and Naviaation Code. and the Federal Inland
Navigation Rules.
E. Any permit issued under this section may be immediately revoked at any time,
without notice, by the Harbormaster, if: (1) the permittee fails to comply with the conditions
contained within the permit; (2) an individual participating in the permittee's special event or
organized practice operates a vessel in an unsafe, uncontrolled, or un -seamanlike manner
or at a speed that endangers persons or property; or (3) an individual participating in the
permittee's special event or organized practice fails to comply with the lawful instructions of
the Harbormaster, or any other person authorized by the City to enforce rules and
regulations within Newport Harbor.
F. Any decision of the Harbormaster under this section may be appealed pursuant to
Code Chapter 17.65, or any successor chapter.
17.65.010 Authorization.
A. Decisions of the Harbor Resources Manager resulting from the Manag ,his or her
administration of this Code may be appealed to the Harbor Commission by any interested
person.
B. Decisions of the Harbormaster resultina from his or her administration of this Code may
be appealed to the Harbor Commission by any interested person.
BC. Decisions of the Harbor Commission may be appealed to the City Council by any
interested person.
SD. A member of the Harbor Commission, acting in their official capacity, may call for
review, to the Harbor Commission, decisions of the Harbor Resources Manager resulting
from the Harbor Resources Manager or Harbormaster's administration of this Code. The
purpose of the call for review is to bring the matter in front of the entire body for review.
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DE. A member of the City Council, acting in their official capacity, may call for review, to
the City Council, decisions of the Harbor Commission. The purpose of the call for review is
to brina the matter in front of the entire bodv for review.
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Attachment B
17.01.030 Definition of Terms.
H. Definitions: H.
4. Harbormaster. The term "Harbormaster" shall mean the Harbormaster of the City of
Newport Beach, or his or her designee.
R. Definitions: V.
1. Vessel. The term "vessel" shall mean and include every description of watercraft used
or capable of being used as a means of transportation on water. This includes all vessels of
any size home -ported, launched/retrieved, or visiting in Newport Harbor, arriving by water
or land, and registered or unregistered under State or Federal requirements, except a
seaplane on the water.
a. Human Powered Vessel. The term "human powered vessel" shall mean a vessel
that is being propelled by the human body through the use of oars, paddles, or
the like and without the use of wind, a motor, or other machinery.
b. Wind Powered Vessel. The term "wind powered vessel" shall mean a vessel that
is being propelled by the wind through the use of sails and without the use of a
motor or other machinery.
17.20.020 Vessel Operation.
A. Speed Limit. No owner, operator or person in command of any vessel, except a public
officer or employee in the performance of his or her duty, shall operate the same or permit
the same to be operated in any portion of Newport Harbor or the water in the present or prior
channel of the Santa Ana River within the City at a rate of speed in excess of five nautical
miles per hour, or at any speed which creates a wake that may cause damage to moorings
of vessels or floating structures, except as hereinafter provided.
17.20.070 Vessel Races.
A. The Harbormaster may issue a permit to a person, as defined in Code Chapter 17.01,
or any successor chapter, that would allow individuals operating a human powered vessel,
wind powered vessel, or vessel providing support services to a human or wind powered
vessel as part of the person's special event (e.g., race) or organized practice to exceed the
speed limit provided in Code Subsection 17.20.020(A), or any successor subsection.
Notwithstanding the foregoing, no person shall operate any vessel in an unsafe,
uncontrolled, or un -seamanlike manner, and in no event at a speed that endangers the
safety of persons or property.
B. The Harbormaster has discretion to determine if a permit shall be associated with a
single event or multiple events; however, no permit shall be valid for more than six (6)
months from the date of issuance.
7-6
C. Permits issued under this section are non-transferrable and shall be in addition to
any license, permit or fee required under this Code or any other provision of law.
D. The Harbormaster may impose conditions on a permit to protect persons and
property and to assure that the activity allowed under the permit will not create a nuisance
or interfere with the reasonable use of Newport Harbor by other vessels or persons. At a
minimum, every permit issued under this section shall be conditioned to require permittees
to: (1) obtain, provide, and maintain at their own expense, for the full period of time for which
the permit is granted, policies of insurance with such limits and coverage as established by
the City Risk Manager that clearly identify the activity and vessel(s) covered; (2) indemnify,
defend and hold harmless the City, County of Orange, and the State of California for all
liability, injury or damage that relates to or arises from permittee's event/activity; and (3)
comply with this Code, California Harbors and Navigation Code, and the Federal Inland
Navigation Rules.
E. Any permit issued under this section may be immediately revoked at any time,
without notice, by the Harbormaster, if: (1) the permittee fails to comply with the conditions
contained within the permit; (2) an individual participating in the permittee's special event or
organized practice operates a vessel in an unsafe, uncontrolled, or un -seamanlike manner
or at a speed that endangers persons or property; or (3) an individual participating in the
permittee's special event or organized practice fails to comply with the lawful instructions of
the Harbormaster, or any other person authorized by the City to enforce rules and
regulations within Newport Harbor.
F. Any decision of the Harbormaster under this section may be appealed pursuant to
Code Chapter 17.65, or any successor chapter.
17.65.010 Authorization.
A. Decisions of the Harbor Resources Manager resulting from his or her administration of
this Code may be appealed to the Harbor Commission by any interested person.
B. Decisions of the Harbormaster resulting from his or her administration of this Code may
be appealed to the Harbor Commission by any interested person.
C. Decisions of the Harbor Commission may be appealed to the City Council by any
interested person.
D. A member of the Harbor Commission, acting in their official capacity, may call for
review, to the Harbor Commission, decisions of the Harbor Resources Manager resulting
from the Harbor Resources Manager or Harbormaster's administration of this Code. The
purpose of the call for review is to bring the matter in front of the entire body for review.
E. A member of the City Council, acting in their official capacity, may call for review, to the
City Council, decisions of the Harbor Commission. The purpose of the call for review is to
bring the matter in front of the entire body for review.
7-7
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