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HomeMy WebLinkAbout05 - Proposed Creation of a Harbor DepartmentTO: FROM CITY OF NEWPORT BEACH City Council Staff Report May 22, 2018 Agenda Item No. 5 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Carol Jacobs, Assistant City Manager - 949-644-3313, cjacobs@newportbeachca.gov PREPARED BY: Carol Jacobs, Assistant City Manager, cjacobs@newportbeachca.gov PHONE: 949-644-3313 TITLE: Proposed Creation of a Harbor Department ABSTRACT: This report outlines the proposed creation of a Harbor Department and associated job descriptions and compensation. In addition, staff is requesting an amendment to Title 17, Harbor Code to reflect the City's responsibility in the Harbor as well as the responsibilities of the Harbor Director. The City Council received a report from staff on aspects of the proposed changes at the Study Session of May 8, 2018. 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; b) Introduce Ordinance No. 2018-7, An Ordinance of the City Council of the City of Newport Beach, California, Creating a Harbor Department, and pass to second reading on June 12, 2018; c) Adopt Resolution No. 2018-26, A Resolution of the City Council of the City of Newport Beach, California, Creating Positions and Amending and Establishing Position Classifications and Salary Ranges for the Harbor Department; d) Introduce Ordinance No. 2018-8, An Ordinance of the City Council of the City of Newport Beach, California, Amending Sections 2.12.010, 2.12.018, and 2.12.100, Adding Section 2.12.120 to Chapter 2.12 of Title 2 of the Newport Beach Municipal Code, Pertaining to the Utilities Department, Public Works Department, and Harbor Department, and pass to second reading on June 12, 2018; and 5-1 Proposed Creation of a Harbor Department May 22, 2018 Page 2 e) Introduce Ordinance No. 2018-9, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Title 17 Harbor Code, and pass to second reading on June 12, 2018. FUNDING REQUIREMENTS: The creation of the Harbor Department will change expenditures in the following manner: Item Ongoing One -Time I 1.0 Expenses Expenses Changes to Salaries and Benefits Ending the Contract for the Marina Park Marina Work Boat- Equipping and Purchase Building Modifications at Marina Park DISCUSSION: $ 281,448 $ (183, 000) Total Change to Ongoing Expenses= $ Total One -Time Expenses = $ 150,000 $ 500,000 98,448 $ 650,000 On July 1, 2017, the City took over responsibility for managing certain aspects of harbor operations (specifically mooring administration as well as some Title 17 enforcement) from the Orange County Sheriff. Since that time, the function has resided in both the Public Works Department and the City Manager's Office. The staffing has consisted of part-time employees located at Marina Park. Over the last year, staff has evaluated the services provided and staffing needs and determined that the best approach to the long- term success of the harbor may be to create a new Harbor Department. The existing Harbor Resources function would move from Public Works to the Harbor Department. Staff is proposing adding newjob descriptions and classifications be included in the salary schedule. The staffing model is below. Title Full -Time Equivalent Harbor Director/Harbormaster (Full -Time) 1.0 Harbor Resources Manager (Full -Time) 1.0 Harbor Technician II (Full -Time) 1.0 Department Assistant (1 FT plus PT) 1.5 Lead Harbor Service Workers (2 FT + PT) 3.5 Harbor Services Workers (Part -Time) 4.0 Total 12.0 At the City Council Study Session of May 8, 2018, staff presented a staffing model to include a Dockmaster position to manage the Marina Park boat slips. After further discussion with staff, staff is proposing to add these duties to the Lead Harbor Services Worker job classification. This will provide additional staffing flexibility for the Department. Staff will be able to both be on the water and in the office managing the marina. 5-2 Proposed Creation of a Harbor Department May 22, 2018 Page 3 In order to implement the proposed changes, Title 17 of the Newport Beach Municipal Code needs to be modified should the City Council approve the creation of the Harbor Department. The proposed changes reflect the new organization and reporting responsibilities. At the May 8, 2018 City Council Study Session, Council Member Dixon requested a three- year business plan for the Harbor Department. Over the past year, the employees working on the harbor have identified a number of issues that may need to be addressed in the future. Attachment G is a list of tasks and proposed budget to be completed over the next three fiscal years. Staff is not recommending any additional staffing during this time and would recommend that the individual chosen as Harbor Director would work to develop a long-term plan for managing his or her Harbor Department. 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 — Ordinance No. 2018-7 Attachment B — Resolution No. 2018-26 Attachment C — Ordinance No. 2018-8 Attachment D — Redline Title 2.12 Attachment E — Ordinance No. 2018-9 Attachment F — Redline Title 17 Attachment G — Proposed Three Year Harbor Action Plan/Budget 5-3 ATTACHMENT A ORDINANCE NO. 2018 - 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CREATING A HARBOR DEPARTMENT WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended, the City of Newport Beach ("City") acts on behalf of the State of California as the trustee of tidelands located within the City's limits, including Newport Harbor; WHEREAS, Newport Harbor is the crown jewel of the City and is home to a wide mixture of residences and businesses and over 5,000 recreational and commercial vessels; WHEREAS, Newport Harbor is a tourist destination for the county, state, nation, and world; WHEREAS, a 2018 report produced by Beacon Economics found that on an annual basis Newport Harbor directly/indirectly generates $1 billion in commercial economic output, supports 8,394 jobs, and generates $366.4 million in labor income; WHEREAS, Newport Harbor is currently being managed by a number of City staff members reporting to a variety of departments, including, but not limited to, the Harbor Resources Division within the Public Works Department; WHEREAS, the City desires to provide for the long term efficient management of Newport Harbor under a single department; and WHEREAS, City Charter Section 601 allows the City Council to create a new department by ordinance. NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The Harbor Department is hereby created and shall be under the authority of the Harbor Director. The Harbor Director shall be appointed, suspended, and/or removed by the City Manager. The City Council, by resolution, may provide for the number, titles, qualifications, powers, duties and compensation of all officers and employees assigned to the Harbor Department. Section 2: The Harbor Resources Division within the Public Works Department is folded into the Harbor Department, and is eliminated as a standalone division. Section 3: The City Council finds the adoption of this ordinance 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. 5-4 Ordinance No. 2018 - Page 2 of 2 Section 4: 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, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Section 5: The recitals provided above are true and correct and are incorporated into the substantive portion of this ordinance. Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of , 2018, and adopted on the day of , 2018, by the following vote to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: MARSHALL "DUFFY" DUFFIELD LEILANI I. BROWN, CITY CLERK :14VI4�7aF�iiT�iT;7 ►� CITY ATTO OFFICE AARON C. HARP, CITY ATTORNEY 5-5 ATTACHMENT B RESOLUTION NO. 2018 -26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CREATING POSITIONS AND AMENDING AND ESTABLISHING POSITION CLASSIFICATIONS AND SALARY RANGES FOR THE HARBOR DEPARTMENT WHEREAS, City of Newport Beach ("City") Charter Section 601 requires the City Council to provide the number, titles, qualifications, powers, duties and compensation of all officers and employees; WHEREAS, Newport Beach Municipal Code Section 2.28.010 provides, upon recommendation of the City Manager, the City Council may establish by resolution the classification of positions in City employment and a salary range or rate for each class or position; WHEREAS, the City desires to combine the management of Newport Harbor into a single department and by separate ordinance, has created the Harbor Department to operate under the authority of the Harbor Director; WHEREAS, pursuant to Resolution No. 2001-50, the "Employer -Employee Relations Resolution," representatives from the City have consulted with representatives from the impacted employee associations about the changes made by this resolution and the representatives of the employee associations have indicated concurrence with such changes -land WHEREAS, the City Manager has reviewed the position classifications and salary ranges provided in this resolution and recommends approval. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The Harbor Department shall be staffed by twelve (12) full time equivalent ("FTE") employees as provided in the table below: Position Title FTE Harbor Director - Harbormaster 1.0 Harbor Resources Manager 1.0 Harbor Resources Technician II 1.0 Lead Harbor Services Worker 3.5 Department Assistant 1.5 Harbor Services Worker Part -Time 4.0 Department Total 12.0 5-6 Resolution No. 2018 - Page 2 of 4 Section 2: One (1) full-time Harbor Director 1 Harbormaster position shall be added to the Harbor Department staffing structure. The salary range for the full-time Harbor Director I Harbormaster position is set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. The classification shall be designated within the unrepresented Key & Management Group — Executive Management. The Job Description/Classification Specification for the full-time Harbor Director I Harbormaster is attached as Exhibit "B" and incorporated herein by reference. Section 3: One (1) full-time Harbor Resources Manager position shall be added to the Harbor Department staffing structure. The salary range and Job Description/Classification Specification for this position was previously established by the City Council. Section 4: Three and half (3.5) FTE Lead Harbor Services Worker positions shall be added to the Harbor Department staffing structure. The salary range for the Lead Harbor Services Worker position is set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. The classification shall be designated within the Newport Beach Employees League. The Job DescriptionlClass ification Specification for the Lead Code/Patrol is attached as Exhibit "B" and incorporated herein by reference. Section 5: One (1) full-time Harbor Resources Technician II position shall be added to the Harbor Department staffing structure. The salary range and Job Description/Classification Specification for this position was previously established by the City Council. Section 6: One and half (1.5) FTE Department Assistant positions shall be added to the Harbor Department staffing structure. The salary range and Job Description/Classification Specification for this position was previously established by the City Council. Section 7: Four (4) FTE part-time Harbor Services Worker positions shall be added to the Harbor Department staffing structure. The salary range for the part-time Harbor Services Worker position is set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. The classification shall be designated within the unrepresented part-time employees group and represented Part Time Employees Association of Newport Beach ("PTEANB"). The Job Description/Classification Specification for the Part -Time Patrol is attached as Exhibit "B" and incorporated herein by reference. Section 8: The City's Salary Schedule shall be modified to be consistent with this resolution. Any resolution, or part thereof, in conflict with this resolution shall be of no effect. Section 9: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 5-7 Resolution No. 2018 - Page 3 of 4 Section 10: 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, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 11: The City Council finds the adoption of this resolution 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. Section 12: Upon its adoption by the City Council, the City Clerk shall certify the vote adopting the resolution. This resolution shall take effect upon the effective date of Ordinance No. 2018-, which created the Harbor Department. ADOPTED this day of , 2018. Marshall "Duffy" Duffield Mayor Leilani I. Brown City Clerk APPROV TO FORM: CITY A N Y'S OFFICE Aaron C. Harp City Attorney Attachments: (1) Exhibit "A"— Salary Ranges (2) Exhibit "B"— Job Description/Classification Specifications EXHIBIT A Harbor Services Department Full -Time Positions Hourly Pa Rate y y Minimum Maximum Monthly Pay Rate' Minimum Maximum Key & Management Group — Executive Management HARBOR DIRECTOR -HARBORMASTER $ 47.12 $ 70.67 $ 8,168 $ 12,250 League Association Step 2 $ 22.81 LEAD HARBOR SERVICES WORKER $ 22.26 $ 31.33 $ 3,858 $ 5,431 HARBOR SERVICES WORKER $ 20.50 $ 28.84 $ 3,553 $ 4,999 'Monthly Pay Rates are rounded to nearest whole dollar. Harbor Services Department Part -Time Positions Hourly Pay Rate Unrepresented and Part -Time Employees' Association (PTEANB) LEAD HARBOR SERVICES WORKER Step 1 $ 21.72 Step 2 $ 22.81 Step 3 $ 23.94 Step 4 $ 25.15 Step 5 $ 26.40 Step 6 $ 27.72 Step 7 $ 29.11 Step 8 $ 30.56 HARBOR SERVICES WORKER Step 1 $ 20.00 Step 2 $ 21.00 Step 3 $ 22.05 Step 4 $ 23.16 Step 5 $ 24.30 Step 6 $ 25.52 Step 7 $ 26.79 Step 8 $ 28.13 5-9 EXHIBIT B CITY OF NEWPORT BEACH HARBOR DIRECTOR- HARBORMASTER PURPOSE: To serve as the Executive Director of the Harbor Department; to plan, organize, direct and coordinate the harbor related programs and services, including City harbor patrol and code enforcement services, moorings administration and management, Marina Park slip rentals, and harbor safety and maintenance activities; to serve as a member of the City Manager's executive management team; and to provide responsible staff assistance to City Manager. SUPERVISION RECEIVED AND EXERCISED: Receives general administrative direction from the City Manager. Exercises supervision over management, professional, technical and clerical personnel. May supervise outside contractors where appropriate. ESSENTIAL FUNCTIONS: The following essential functions are typical for this classification. Incumbents may not perform all of the listed functions and/or may be required to perform additional or different functions from those below, to address business needs and changing business practices: • Direct, oversee and participate in the activities and programs of the Harbor Department; assign and prioritize work activities, projects and programs; monitor the work of contractors performing harbor services and maintenance activities; develop and implement new or modified systems, policies and procedures to ensure efficient operations; • Administer the City's mooring program; develop and implement policies and procedures to ensure effective management of mooring transfers, verifications of insurance, payments, inspections and related activities; • Develop, implement and manage new solutions, resources and technologies for providing the delivery of harbor services to the boating public; establish a guest mooring and anchorage program; • Oversee on -water patrol activities related to moorings and enforcement of the City's harbor codes, regulations and ordinances; oversee the issuance of Notices of Violation, Administrative Citations and letters to boat, mooring and dock owners/permitees; review and manage special cases involving potential violations and complaints; respond to appeals; • Answer questions and provide information to residents, boat owners, and visitors to the harbor; receive and investigate the most complex complaints and take corrective action to resolve complaints; mediate disputes between harbor users; 5-10 Harbor Director -Harbormaster Page 2 City of Newport Beach • Provide responsible administrative staff assistance to the Newport Beach Harbor Commission including staff reports, technical advice, and research; attend meetings of the Commission and related subcommittees; • Recommend, implement and enforce City Council approved harbor policies and those aspects of the Newport Beach municipal code that relate to the harbor and bay including the City's Marine Activities Permits as specified in Chapter 17.10 of the Municipal Code; • Establish and maintain a dialogue with bay -users groups, including residents, commercial permittees or leaseholders, and environmental advocates; work with community groups and committees to improve and maintain the quality of the bay water; • Manage sea lion deterrent activities; • Train, motivate and evaluate staff; establish standards of productivity and performance; conduct employee performance reviews; recommend employee recognition; work with employees to correct deficiencies, implement discipline procedures, and recommend employee terminations; develop and implement a harbor volunteer program; • Prepare operational reports and cost estimates for harbor maintenance services activities; manage contracts with outside vendors providing harbor related services, including towing; • Prepare the Harbor Department budget; assist in budget implementation; maintain inventory and requisition supplies and materials; recommend the purchase or lease of equipment and materials; • Prepare or direct the preparation of a variety of complex analytical, statistical and narrative reports and correspondence; compose, type, and proofread a variety of documents including correspondence, reports, spreadsheets, presentations, agreements, and memos; • Coordinate with City Departments, including Police and Fire, and the Orange County Sheriff Department's Harbor Patrol division, on emergency response and harbor safety and security matters; • Operate marina equipment and water craft in a safe manner; • Regularly and predictably attend work; and • Perform related duties as assigned. 5-11 Harbor Director -Harbormaster Page 3 City of Newport Beach PHYSICAL AND MENTAL ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FIINCTInKIR- Knowledge of: Applicable Federal, State and local laws, and City codes, ordinances and regulations related to patrol operations and enforcement activities of the harbor; Methods and techniques used in the safe operation and maintenance of boating in a harbor environment; Effective customer service principles and practices; Radio procedures and protocols; Modern office practices, methods and equipment; Marine construction tools, materials and maintenance methods; Principles and practices of supervision, training and personnel management; Procedures and techniques of budget administration and cashiering operations; English usage, spelling, grammar, and punctuation; Computers and associated City software programs; Record keeping and reporting procedures; and Safe work practices and principles. Ability to: Organize, direct and implement a comprehensive harbor operations program; Provide effective customer service to the community, visitors, and the boating public; Operate a small water craft within the harbor; Resolve conflicts in a skillful and productive manner; Conduct studies, prepare comprehensive reports and determine cost effective ways for providing services; Exercise sound independent judgment within established procedure guidelines; 5-12 Harbor Director -Harbormaster Page 4 Meet deadlines, prioritize workload, and delegate projects; Supervise, train and evaluate personnel; Swim in an open water environment; See and hear within the normal range, with or without correction; Communicate clearly and concisely, both orally and in writing; Regularly and predictably attend work; Follow directions from a supervisor; Understand and follow posted work rules and procedures; Accept constructive criticism; and City of Newport Beach Establish and maintain cooperative working relationship with those contacted in the course of work. PHYSICAL REQUIREMENTS AND ENVIRONMENTAL WORKING CONDITIONS Work is performed indoors and outdoors in a marine and harbor environment with exposure to outdoor temperatures and inclement weather conditions, wet surfaces, equipment noise, equipment vibrations, vehicle and/or diesel fumes. Job duties involve sitting, standing, climbing and walking for prolonged or intermittent periods of time, reaching, bending, and twisting at waist to perform field and desk work, operating and a motor vehicle and water vessel and general office equipment, including a personal computer and keyboard, for prolonged or intermittent periods of time. The operation of a personal computer also requires finger and wrist dexterity and the ability to withstand the exposure to vibration, pitch and glare from the computer. Employee must be able to safely lift and carry and/or move moderately heavy objects, withstand exposure to external temperature variations, noise, fumes, odors and dust and have the ability to swim at a proficient level. EDUCATION AND EXPERIENCE REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS: A combination of education and experience that would likely provide the required knowledge and abilities may be qualifying. A typical way to obtain the knowledge and abilities would be: Education: Equivalent to a Bachelor's degree in a water -related biological science, business or public administration or a related field. 5-13 Harbor Director -Harbormaster City of Newport Beach Page 5 Experience: Seven years increasingly responsible experience in harbor management or administration, including experience related to commercial harbor leases, and at least three years of responsible management and supervisory experience. Licenses or Certificates: Due to the performance of field duties which require the operation of a personal or City vehicle, a valid California Class C driver's license and acceptable driving record are required, as well as possession of a California Boater Card within six months of employment. Possession of Basic First Aid, CPR, and PC 832 certifications within six months of employment. Disaster Service Worker In accordance with Government Code Section 3100, City of Newport Beach employees, in the event of a disaster, are considered disaster service workers and may be asked to respond accordingly. FLSA Classification: Exempt. This position may be required to work extended hours and on holidays as needed. Must have the ability to respond 24/7 to a variety of emergency conditions as they arise. Bargaining Group- K&M- Executive Management Proposed: 05/22/18 5-14 CITY OF NEWPORT BEACH LEAD HARBOR SERVICES WORKER PURPOSE: Under direction, responsible for providing lead supervision to staff patrolling and working in and around Newport Harbor and Marina Park Slips; participate in all harbor services activities, including providing general information on harbor programs and services and working with the public on compliance with harbor codes, regulations and ordinances; assist boaters in securing moorings and slips, collecting fees, and answer general questions; provide basic office administrative support as needed; and to perform related duties. DISTINGUISHING CHARACTERISTICS: This is the journey level class within the Harbor Services Worker series. Employees within this class are distinguished from the Harbor Services Worker class by the performance of the full range of duties as assigned, including following up on complaints, scheduling work, and maintaining comprehensive records and logs. Employees at this level receive only occasional instruction or assistance as new or unusual situations arise, and are fully aware of the operating procedures and policies of the work unit. SUPERVISION RECEIVED AND EXERCISED: Receives direct supervision from the Harbor Director -Harbormaster and provides lead supervision and technical direction over harbor operations and/or administrative support staff. ESSENTIAL FUNCTIONS: The following essential functions are typical for this classification. Incumbents may not perform all of the listed functions and/or may be required to perform additional or different functions from those below, to address business needs and changing business practices: • Participate and provide guidance to harbor operations staff involved in harbor/marina operations and patrol activities; operate and patrol harbor area by boat, car, and foot; provide information, directions, and assistance to the public regarding harbor services, rules and regulations; respond to the more complex public inquiries and resolve complaints; • Coordinate with law enforcement agencies, paramedics, lifeguards, fire and other emergency response departments; relay information via radio and telephone; report dangerous or suspicious activity to the Harbor Patrol or City Police Department; • Explain and enforce City and harbor rules, including noise violations, unsafe boat operations, disturbing the peace, time limits, public rights of way, water quality violations, and no fishing areas; promote compliance through education where appropriate; 5-15 Lead Harbor Services Worker Page 2 City of Newport Beach • Explain and enforce Marina Park Use Conditions for rental, including complete Guest Slip Agreement and display of valid registration and/or documentation and vessel insurance; • Issue warning Notices of Violation, Administrative Citations and letters to vessel owners and guests, property owners/tenants and businesses who may not be in compliance with current codes, ordinances regulations, and City conditions of approval and Marina Park Guest Slip Agreement terms and conditions; • Register boat owners and assign boats to moorings and Marina Park slips; manage docks for temporary boats; assist boats in and out of slips and to moorings; • Collect fees and perform related clerical support duties; maintain petty cash box; set-up in the morning and close down/lock up in the evening; reconcile cash against receipts; • Conduct field inspections and surveys to determine compliance with appropriate codes, ordinances, regulations and City conditions of approval; • Record, enter, and maintain a variety of records and reports using computers and basic office equipment; • Assist the Harbormaster with a variety of programs and projects; • Establish and coordinate harbor worker staff schedules; identify and recommend solutions to address staffing needs; assist in training harbor operations staff; evaluate and provide feedback on performance of assigned harbor operations staff; • Monitor City docks, ramps and other harbor facilities for maintenance and safety issues; report needed work orders to appropriate staff and/or arrange for necessary repairs; maintain clean environment for visitors; • Operate and maintain City vessels; respond as needed to sinking vessels, adrift vessels, groundings, and related boating emergencies; coordinate with vendors in towing vessels; • Operate a crane, maintain pedestals and provide pump -out service to Marina Park guests; • Assist with the harbor debris removal program; • Attend and participate in group meetings and training sessions; 5-16 Lead Harbor Services Worker Page 3 • Regularly and predictably attend work; and • Perform related duties as assigned. City of Newport Beach PHYSICAL AND MENTAL ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FIINCTInNS- Knowledge of: Methods and techniques used in the operation and maintenance of boating in a harbor environment; Effective customer service principles and practices; Radio procedures and protocols; Modern office practices, methods and equipment including computer and related applications; City of Newport Beach harbor related codes, policies and procedures; Safety practices and principles; and Applicable Federal, State and local laws, codes and regulations. Ability to: Learn, explain and apply boating and harbor rules and regulations; Analyze boating and mooring situations and adopt effective courses of action; Provide effective and quality customer service to the community, visitors, and the boating public; Interpret and enforce City codes, policies and procedures; Lead and train assigned staff; Gain cooperation through discussion and persuasion; Coordinate with local law enforcement, paramedics, lifeguards, fire and other emergency response personnel; 5-17 Lead Harbor Services Worker Page 4 City of Newport Beach Safely operate a small watercraft of up to 30' and in varying weather conditions; Safely operate City Vehicles and obey all traffic laws and signage; Operate small power equipment such as pumps, engines, sewage pump outs and similar items; Regularly perform routine assignments independently; Swim in an open water environment; See and hear within the normal range, with or without correction; Communicate clearly and concisely, both orally and in writing; Appear for work on time; Regularly and predictably attend work; Follow directions from a supervisor; Understand and follow posted work rules and procedures; Accept constructive criticism; Establish and maintain cooperative working relationship with those contacted in the course of work; and Work evening, weekend and overtime shifts as needed. PHYSICAL REQUIREMENTS AND ENVIRONMENTAL WORKING CONDITIONS Work is performed indoors and outdoors in a marine and harbor environment with exposure to outdoor temperatures and inclement weather conditions, wet surfaces, equipment noise, equipment vibrations, vehicle and/or diesel fumes. Job duties involve sitting, standing, climbing and walking for prolonged or intermittent periods of time, reaching, bending, and twisting at waist to perform field and desk work, operating and a motor vehicle and water vessel and general office equipment, including a personal computer and keyboard, for prolonged or intermittent periods of time. The operation of a personal computer also requires finger and wrist dexterity and the ability to withstand the exposure to vibration, pitch and glare from the computer. Employee must be able to safely lift and carry and/or move moderately heavy objects, withstand exposure to external temperature variations, noise, fumes, odors and dust and have the ability to swim at a proficient level. 5-18 Lead Harbor Services Worker Page 5 City of Newport Beach EDUCATION AND EXPERIENCE REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS: A combination of education and experience that would likely provide the required knowledge and abilities may be qualifying. A typical way to obtain the knowledge and abilities would be: Education: Equivalent to completion of the twelfth grade. College level coursework in marine science, seamanship, or a related field desirable. Experience: Two years heavy customer service experience working in a harbor or marine environment, including experience operating a marine vessel. Experience in compliance and/or enforcement and supervisory or lead experience are highly desirable. License or Certificates: Due to the performance of field duties which require the operation of a personal or City vehicle, a valid California Class C driver's license and acceptable driving record are required, as well as possession of a California Boater Card within six months of employment. Possession of Basic First Aid, CPR, and PC 832 certifications within six months of employment. Disaster Service Worker: In accordance with Government Code Section 3100, City of Newport Beach employees, in the event of a disaster, are considered disaster service workers and may be asked to respond accordingly. FLSA Classification: Non-exempt. This position may be required to work extended hours and on holidays as needed. Must have the ability to respond 24/7 to a variety of emergency conditions as they arise. Bargaining Group: Employees League Proposed: 12/12/17 Revised: 5/22/18 5-19 CITY OF NEWPORT BEACH HARBOR SERVICES WORKER PURPOSE: Under general supervision, responsible for patrolling the Newport Harbor to promote boater compliance on harbor codes, regulations and ordinances; assist the boating public by providing general information on harbor programs and services; assist boaters in securing moorings and Marina Park slips, collect fees, answer general questions; and to perform related duties. DISTINGUISHING CHARACTERISTICS: This is the first level within the Harbor Services Worker series. Employees at this level are distinguished from the Lead Harbor Services Worker, in that the more complex duties and responsibilities are not assumed at this level, nor is functional and technical supervision exercised. SUPERVISION RECEIVED AND EXERCISED: Receives general supervision from a Lead Harbor Services Worker or other Harbor Department staff. ESSENTIAL FUNCTIONS: The following essential functions are typical for this classification. Incumbents may not perform all of the listed functions and/or may be required to perform additional or different functions from those below, to address business needs and changing business practices: • Operate and patrol harbor area and Marina Park by boat, car, and foot; provide information, directions, and assistance to the public regarding harbor services, Marina Park slip rentals, rules and regulations; respond to public inquiries and resolve complaints; • Relay information via radio and telephone to law enforcement agencies, paramedics, lifeguards, fire and other emergency response departments; report dangerous or suspicious activity to the Harbor Patrol or City Police Department; • Explain and enforce City and harbor rules, including noise violations, unsafe boat operations, disturbing the peace, time limits, public rights of way, water quality violations, and no fishing areas; promote compliance through education where appropriate; • Assist the public at Marina Park and explain use conditions for rental; provide customer service to rental guests and boats temporarily at docks; • Issue warning Notices of Violation, Administrative Citations and letters to vessel owners and guests, property owners/tenants and businesses who may not be in compliance with current codes, ordinances regulations, and City 5-20 Harbor Services Worker City of Newport Beach Page 2 conditions of approval, and Marina Park Slip Agreement terms and conditions; • Register boat owners and assign boats to moorings and Marina Park slips; assist in securing boats to moorings and in and out of Marina Park slips; collect mooring and/or slip fees; • Conduct field inspections and surveys to determine compliance with appropriate codes, ordinances, regulations and City conditions of approval; • Record, enter, and maintain a variety of records and reports using computers and basic office equipment; • Monitor City docks, ramps and other harbor facilities for maintenance and safety issues; report needed work orders to appropriate staff; empty waste receptacles and maintain clean walkways; • Operate and maintain City vessels; respond as needed to sinking vessels, adrift vessels, groundings, and related boating emergencies; coordinate with vendors in towing vessels; • Assist with the harbor debris removal program; • Attend and participate in group meetings and training sessions; • Regularly and predictably attend work; and • Perform related duties as assigned. PHYSICAL AND MENTAL ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS: Knowledge of: Methods and techniques used in the operation and maintenance of boating in a harbor environment; Effective customer service principles and practices; Radio procedures and protocols; Modern office practices, methods and equipment including computer and related applications; 5-21 Harbor Services Worker Page 3 City of Newport Beach City of Newport Beach harbor related codes, policies and procedures; Safety practices and principles; and Applicable Federal, State and local laws, codes and regulations. Ability to: Learn, explain and apply boating and harbor rules and regulations; Analyze boating and mooring situations and adopt effective courses of action; Provide effective and quality customer service to the community, visitors, and the boating public; Interpret and enforce City codes, policies and procedures; Gain cooperation through discussion and persuasion; Safely operate a small water craft of up to 30' and in varying weather conditions; Safely operate City Vehicles and obey all traffic laws and signage; Operate small power equipment such as pumps, engines, sewage pump outs and similar items; Regularly perform routine assignments independently; Swim in an open water environment; See and hear within the normal range, with or without accommodation; Communicate clearly and concisely, both orally and in writing; Appear for work on time; Regularly and predictably attend work; Follow directions from a supervisor; Understand and follow posted work rules and procedures; Accept constructive criticism; Establish and maintain cooperative working relationship with those contacted in the course of work; and 5-22 Harbor Services Worker City of Newport Beach Page 4 Work evening, weekend and overtime shifts as needed. PHYSICAL REQUIREMENTS AND ENVIRONMENTAL WORKING CONDITIONS Work is performed indoors and outdoors in a marine and harbor environment with exposure to outdoor temperatures and inclement weather conditions, wet surfaces, equipment noise, equipment vibrations, vehicle and/or diesel fumes. Job duties involve sitting, standing, climbing and walking for prolonged or intermittent periods of time, reaching, bending, and twisting at waist to perform field and desk work, operating and a motor vehicle and water vessel and general office equipment, including a personal computer and keyboard, for prolonged or intermittent periods of time. The operation of a personal computer also requires finger and wrist dexterity and the ability to withstand the exposure to vibration, pitch and glare from the computer. Employee must be able to safely lift and carry and/or move moderately heavy objects, withstand exposure to external temperature variations, noise, fumes, odors and dust and have the ability to swim at a proficient level. EDUCATION AND EXPERIENC REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS: A combination of education and experience that would likely provide the required knowledge and abilities may be qualifying. A typical way to obtain the knowledge and abilities would be: Education Equivalent to completion of the twelfth grade. College level coursework in marine science, seamanship, or a related field desirable. Experience: One year of heavy customer service experience working in a harbor or marine environment, including experience operating a marine vessel. Experience in compliance and/or enforcement is highly desirable. License or Certificates: Due to the performance of field duties which require the operation of a personal or City vehicle, a valid California Class C driver's license and acceptable driving record are required, as well as possession of a California Boater Card within six months of employment.. Possession of Basic First Aid, CPR, and PC 832 certifications within six months of employment. Disaster Service Worker: In accordance with Government Code Section 3100, City of Newport Beach employees, in the event of a disaster, are considered disaster service workers and may be asked to respond accordingly. 5-23 Harbor Services Worker City of Newport Beach Page 5 FLSA Classification: Non-exempt. This position may be required to work extended hours and on holidays as needed. Must have the ability to respond 24/7 to a variety of emergency conditions as they arise. Bargaining Group: Employees League FLSA: Non -Exempt Proposed: 12/12/17 Revised: 05/22/18 5-24 ATTACHMENT C ORDINANCE NO. 2018-8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTIONS 2.12.010, 2.12.080, AND 2.12.100 AND ADDING SECTION 2.12.120 TO CHAPTER 2.12 OF TITLE 2 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO THE UTILITIES DEPARTMENT, PUBLIC WORKS DEPARTMENT, AND HARBOR DEPARTMENT WHEREAS, pursuant to City of Newport Beach ("City") Charter Section 601, the City Council for the City of Newport Beach ("City Council") may provide by ordinance for the organization, conduct and operations of the several offices and departments of the City, and for the creation of additional departments, divisions, offices and agencies and for their consolidation, alteration or abolition; WHEREAS, pursuant to City Charter Section 601, the City Council may combine in one person the powers and duties of two or more officers created or authorized by the Charter; WHEREAS, by separate ordinance, the City Council recently created the Harbor Department to administer Newport Beach Municipal Code ("NBMC") Title 17 and to manage Newport Harbor on behalf of the City; WHEREAS, by separate ordinance, the City Council recently abolished the Municipal Operations Department (comprised of the General Services Division and the Utilities Division), added the General Services Division formerly in the Municipal Operations Department to the Public Works Department as the Municipal Operations Division, and created the Utilities Department to provide the functions of the Utilities Division formerly in the Municipal Operations Department; and WHEREAS, by adopting this ordinance, the City Council intends to amend the NBMC to reflect the organization, conduct and operation of the Utilities Department, Public Works Department, and Harbor Department. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The title and introductory table of contents in NBMC Chapter 2.12 are hereby amended to read as follows: 5-25 Ordinance No. 2018 - Page 2 of 6 Chapter 2.12 ADMINISTRATIVE DEPARTMENTS Sections: 2.12.010 Departments Designated. 2.12.020 Authority of City Manager. 2.12.030 Community Development Department. 2.12.040 Finance Department. 2.12.050 Fire Department. 2.12.060 Human Resources Department. 2.12.070 Library Services Department. 2.12.080 Utilities Department. 2.12.090 Police Department. 2.12.100 Public Works Department. 2.12.110 Recreation and Senior Services Department. 2.12.120 Harbor Department. Utilities Department—See Chapter 14.04. Traffic division—See Chapter 2.32. Health department duties—See Title 6. Section 2: NBMC Section 2.12.010 is hereby amended to read as follows: 2.12.010 Departments Designated. The administrative service of the City is divided into the following departments: Community Development Department Finance Department Fire Department Human Resources Department Library Services Department Utilities Department Police Department Public Works Department Recreation and Senior Services Department Harbor Department Section 3: NBMC Section 2.12.080 is hereby amended to read as follows: 2.12.080 Utilities Department. The Utilities Department shall be under the supervision of the Utilities Director. The term "Utilities Director" as found in the Newport Beach 5-26 Ordinance No. 2018 - Page 3 of 6 Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Utilities Director of the "Utilities Department". The term "Municipal Operations Department" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Utilities Department whenever the reference to the Municipal Operations Department is in reference to one or more of the below functions. The functions of the Utilities Department shall include: A. Maintenance and operation of the City water system; B. Maintenance and operation of the City sewer system; C. Maintenance and operation of the City's street sweeping program; D. Maintenance of the City's Storm drain system; E. Maintenance and operation of the City street lighting system; F. Management of the City's oil and gas operations; G. Management of the regulations found in Chapter 14.04 of this Municipal Code; and H. Such other functions as may be delegated by the City Manager or the City Council. Section 4: NBMC Section 2.12.100 is hereby amended to read as follows: 2.12.100 Public Works Department. The Public Works Department shall be under the supervision of the Public Works Director who shall also be the City Engineer Pro Tem and the Superintendent of Streets. The term "General Services Director" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the "Deputy Public Works Director -Municipal Operations". The term "Municipal Operations Department" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Public Works Department whenever the reference to the Municipal Operations Department is in reference to one or more of the below functions. The functions of the Public Works Department shall include: A. Planning, installation, design, preparation, review and approval of plans, specifications and working details, operations and maintenance, and administration of contracts for the construction of public works, including streets, storm drains, water quality sewers, water, harbors, street lighting, traffic signals and other public facilities; 5-27 Ordinance No. 2018 - Page 4 of 6 B. Right-of-way acquisition; C. Subdivision engineering and development services; D. Traffic engineering services; E. Engineering services for other City departments; F. Engineering planning for water, sewer and electrical systems; G. Water quality inspections and reporting as required by law; H. Activities over and management of the City's tidelands assets in Upper and Lower Newport Bay; I. Street and beach cleaning; J. Refuse and garbage collection and disposal; K. Maintenance and repair of streets, alleys, curbs, sidewalks, storm drains, bridges, piers, bulkheads and floats; L. Maintenance and repair of City equipment; M. Signage and carpentry; N. Street striping, and barricade, curb, crosswalk, parking stall, and pavement painting; O. Street name and regulation sign posting maintenance; P. Custodial maintenance and minor repair services for City -owned and occupied buildings and facilities; Q. Landscaping and maintenance of City parks, parkway trees, and planted areas on City -owned property, easements and rights-of-way; the maintenance of electrical equipment in City buildings; and R. Such other functions as may be delegated by the City Manager or the City Council. Section 5: NBMC Section 2.12.120 is hereby added to NBMC Chapter 2.12 to read as follows: 2.12.120 Harbor Department. The Harbor Department shall be under the supervision of the Harbor Director -Harbormaster. The functions of the Harbor Department shall include, but not be limited to: A. Manage the City's resources in Newport Harbor, including administration of Title 17 of this Municipal Code; B. Operate a headquarters at Marina Park or similar location; C. Patrol Newport Harbor; D. Provide code enforcement on the waters of Newport Harbor; E. Manage the City's moorings; F. Promote harbor and boating safety; G. Address inquiries from residents and visitors regarding Newport Harbor; and 5-28 Ordinance No. 2018 - Page 5 of 6 H. Such other functions as may be delegated by the City Manager or the City Council. Section 6: Except as specifically modified in this ordinance, all other sentences, paragraphs, subsections, sections, chapters, and titles of the NBMC shall remain unchanged and in effect. Section 7: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 8: 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, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 9: The City Council finds the introduction and adoption of this ordinance 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. 5-29 Ordinance No. 2018 - Page 6 of 6 Section 10: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of May, 2018, and adopted on the 12th day of June, 2018, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MARSHALL "DUFFY" DUFFIELD, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY 5-30 ATTACHMENT D Chapter 2.12 ADMINISTRATIVE DEPARTMENTS* Sections: 2.12.010 Departments Designated. 2.12.020 Authority of City Manager. 2.12.030 Community Development Department. 2.12.040 Finance Department. 2.12.050 Fire Department. 2.12.060 Human Resources Department. 2.12.070 Library Services Department. 2.12.080 AAS Rinipal OperatieRs DepartmeRt Utilities Department. 2.12.090 Police Department. 2.12.100 Public Works Department. 2.12.110 Recreation and Senior Services Department. 2.12.120 Harbor Department. 5-31 Utilities Departmentd+v+sigR-See Chapter 14.04. Traffic division -See Chapter 2.32. Health department duties -See Title 6. 2.12.010 Departments Designated. The administrative service of the City is divided into the following departments: Community Development Department Finance Department Fire Department Human Resources Department Library Services Department nepartmeRt Utilities Department Police Department Public Works Department Recreation and Senior Services Department Harbor Department 2.12.020 Authority of City Manager. All department directors, except the City Attorney and the City Clerk, shall be subject to the administrative authority and direction of the City Manager. 2.12.030 Community Development Department. The Community Development Department shall be under the supervision of the Community Development Director. The term "Planning Director" or "Building Director" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Community Development Director. The functions of the Community Development Department shall include: A. Administration and enforcement of the provisions of this Code relating to planning, zoning and subdivisions,. nuisance abatement and code enforcement, and advising and assisting the Planning Commission in such administration vested in that Commission; B. Administration and enforcement of the building, electrical, plumbing and mechanical codes, including grading and swimming pool regulations; C. Administration and enforcement of State regulations governing energy conservation and sound transmission; D. Preparation and presentation of reports to the City Council and the Planning 5-32 Commission on various aspects of City planning; E. Preparation and maintenance of the General Plan; F. Advising the public on zoning and planning matters; G. Receipt and processing of subdivision maps; and H. Such other functions as may be delegated by the City Manager or the City Council. 2.12.040 Finance Department. The Finance Department shall be under the supervision of the Finance Director, who shall have charge of financial affairs of the City. The term "Administrative Services Director"' as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Finance Director. The financial functions of the Finance Department, in addition to those duties imposed by the City Charter, shall include: A. Enforcement of the City's business license and transient occupancy tax regulations; B. Management of the City's finances, financial statements, audits, revenue collection and billing, financial management system budget, payroll, accounting, cashiering, treasury and investments; C. Purchase of supplies, equipment, training, and services used by City departments; D. Disposal of obsolete and surplus City property; E. Management of the City's parking program, including meters and lots; and F. Such other functions as may be delegated by the City Manager or the City Council. 2.12.050 Fire Department. The Fire Department shall be under the supervision of the Fire Chief. The term "Marine Director" as used in this Code shall be deemed hereafter to refer to the Fire Chief. The functions of the Fire Department shall include: A. Administration a. Ensure fulfillment of the fire department m1ss1on through planning, preparation, designation of funding, and securing of equipment and materials required to support personnel, operations, and programs. B. Prevention a. Identify and prevent hazards to life, health, property and the environment. b. Apply and enforce California State laws and local ordinances. c. Plan and prepare City staff and residents to address potential disasters. 5-33 C. Operations a. Respond to and mitigate all threats to life, health, property and the environments. b. Provide training and education to support expertise and safe operations. c. Monitor for quality assurance. D. Lifeguards a. Respond to and mitigate all threats to life and health on the City beaches and waterways. b. Provide training and education to support expertise and safe operations. c. Plan and prepare residents to assist emergency responders through community preparedness programs. E. Collaborate with the Orange County Harbor Patrol and/or the US Coast Guard to prevent and/or respond to accidents of a marine nature within the City limits of contiguous unincorporated territory under County contractual agreements. F. Such other functions as may be delegated by the City Manager or the City Council. 2.12.060 Human Resources Department. The Human Resources Department shall be under the supervision of the Human Resources Director. The functions of the Human Resources Department shall include: A. Establishment and maintenance of the City's personnel policies, employee classifications and compensation policies and other conditions of employment to assist the City Manager in carrying out the provisions of Chapter 2.24 and 2.28 of the Newport Beach Municipal Code; B. Advise and liaison to the Civil Service Board; C. Provide risk management services; and D. Such other functions as may be delegated by the City Manager or the City Council. 2.12.070 Library Services Department. The Library Services Department shall be under the supervision of the Library Services Director/ City Librarian. The functions of the Library Services Department shall include: A. Advise the Board of Library Trustees; B. Advise the City Arts Commission; C. Operation and management of the City's libraries, including selection, organization and dissemination of materials in all formats - print, multi -media and electronic publishing; D. Operation of the City's literacy program; 5-34 E. Planning coordination and direction of the community cultural activities; and F. Such other functions as may be delegated by the City Manager or the City Council. 2.12.080 Municipal Operations UtIlIItlesDepartment. The Utilities Department shall be under the supervision of the M uniGinal Operations DireGtG Wilities Director. The terms "General Ser„iEesDireeter" andier "Utilities Director" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Utilities Director of the "Utilities Department." MYROGipal OperatieRs DiFeGter". The term "Municipal Operations Department" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Utilities Department whenever the reference to the Municipal Operations Department is in reference to one or more of the below functions. The functions of the M iniGinal OperatiensUtilitieS Department shall include: A. Street and heanh Gleaning• , R Refuse anrd garbage nollertion anrd disposal; streets,G. MannteRanGe and repair of alleys,GUrbs,sidewalks,storm dFaiRS, , piers, eass bulkheads and flt• DMaintenanne and repair of Gits, equipment; A. Maintenance and operation of the City water system; B. Maintenance and operation of the City sewer system; C. Maintenance and operation of the City's street sweeping program F—. D. Maintenance of the City's Storm drain system; I I Signage and varnentn,• , Street StFiPiRg, and baFriGade, GuFb, GFess ,aII. narking stoII,anr- d payemeRt paiRtiR0; jStreet name an,d regi sigi.n posting ntenanGe; buildings anrd facilities• 0 parks,L. LandSGaping and mainteRaRGe of City trees, en Git"_eWRerd nrenerty, e `d easements anrights _ef_way; o M -.-E. Maintenance and operation of the City street lighting system, anrdthe malntenanne of eleGtrinal equipment in city buildings-,• F. Management of the City's oil and gas operations; N-. apd G. Management of the regulations found in Chapter 14.04 of this Municipal Code; and 0-. H. Such other functions as may be delegated by the City Manager or the City Council. 5-35 2.12.090 Police Department. The Police Department shall be under the supervision of the Police Chief. The Police Department may have only such sworn, reserve and civilian personnel as the City Council shall authorize. The functions of the Police Department shall include: A. Prevention, repression and investigation of crime; B. Apprehension of offenders; C. Recovery of property; D. Traffic law enforcement and parking control; E. Animal control; F. Dispatch; G. Custody of lost, stolen, and recovered property; and H. Such other functions as may be delegated by the City Manager or the City Council. 2.12.100 Public Works Department. The Public Works Department shall be under the supervision of the Public Works Director who shall also be the City Engineer Pro Tern and the Superintendent of Streets. The term "General Services Director" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the "Deputy Public Works Director -Municipal Operations". The term "Municipal Operations Department" as found in the Newport Beach Municipal Code, or in any contract or agreement to which the City is a party, shall be deemed hereafter to refer to the Public Works Department whenever the reference to the Municipal Operations Department is in reference to one or more of the below functions. The functions of the Public Works Department shall include: A. Planning, installation, design, preparation, review and approval of plans, specifications and working details, operations and maintenance, and administration of contracts for the construction of public works, including streets, storm drains, water quality sewers, water, harbors, street lighting, traffic signals and other public facilities; B. Right-of-way acquisition; C. Subdivision engineering and development services; D. Traffic engineering services; E. Engineering services for other City departments; F. Engineering planning for water, sewer and electrical systems; G. Water quality inspections and reporting as required by law; H. Activities over and management of the City's tidelands assets in Upper and Lower Newport Bay; and 5-36 I. Street and beach cleaning; J. Refuse and garbage collection and disposal; K. Maintenance and repair of streets, alleys, curbs, sidewalks, storm drains, bridges, piers, bulkheads and floats; L. Maintenance and repair of City equipment; M. Signage and carpentry N. Street strioina. and barricade. curb. crosswalk. Darkina stall. and Davement painting; O. Street name and regulation sign posting maintenance; P. Custodial maintenance and minor repair services for City -owned and occupied buildings and facilities; Q. Landscaping and maintenance of City parks, parkway trees, and planted areas on City -owned property, easements and rights-of-way; the maintenance of electrical equipment in City buildings; and R. Such other functions a may be delegated by the City Manager or the City rni innil M 2.12.110 Recreation and Senior Services Department. The Recreation and Senior Services Department shall be under the supervision of the Recreation and Senior Services Director. The functions of the Recreation and Senior Services Department shall include: A. Advise and liaison to the Parks, Beaches and Recreation Commission; B. Planning coordination and direction of community recreational activities; C. Operation and control of all parks, recreation, and senior services facilities over which the City exercises jurisdiction; D. Master planning for the acquisition and development of park and recreational facilities; and E. Such other functions as may be delegated by the City Manager or the City Council. 2.12.120 Harbor Department. The Harbor Department shall be under the supervision of the Harbor Director - Harbormaster. The functions of the Harbor Department shall include, but not be limited to: A. Manage the City's resources in Newport Harbor, including administration of Title 5-37 17 of this Municipal Code; B. Operate a headquarters at Marina Park or similar location; C. Patrol Newport Harbor; D. Provide code enforcement on the waters of Newport Harbor; E. Manage the City's moorings; F. Promote harbor and boating safety G. Address inauiries from residents and visitors reaardina Newport Harbor: and H. Such other functions as may be delegated by the City Manager or the City Council. 5-38 ATTACHMENT E ORDINANCE NO. 2018 - 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING NEWPORT BEACH MUNICIPAL CODE TITLE 17 HARBOR CODE 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, pursuant to the 1978 Beacon Bay Bill, as amended, ("Beacon Bay Bill") the City of Newport Beach ("City") acts on behalf of the State of California as the trustee of tidelands located within the City's limits, including Newport Harbor; WHEREAS, the City adopted rules and regulations for Newport Harbor, which are contained in Newport Beach Municipal Code ("NBMC") Title 17; WHEREAS, the City recently assumed management responsibilities from the County of Orange within Newport Harbor and created a Harbor Department to oversee these new responsibilities; and WHEREAS, the creation of the Harbor Department and the assumption of new responsibilities in Newport Harbor necessitates amendments to NBMC Title 17. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows.. Section 1: NBMC Subsection 17.01.030(B)(6) is hereby amended to read as follows: 6. Reserved. Section 2: NBMC Subsection 17.01.030(H) is hereby amended to read as follows: 1. Harbor Commission. The term "Harbor Commission" shall mean the Harbor Commission of the City of Newport Beach. 5-39 2. Harbor Department. The term "Harbor Department" shall mean the Harbor Department of the City of Newport Beach. 3. Harbor Director. The term "Harbor Director" shall mean the Harbormaster of the City of Newport Beach, or his or her designee. 4. Harbor Lines. The term "harbor lines" shall mean all established bulkhead, pierhead, and project lines as defined within Newport Harbor by the Federal, State, County and City Governments. The harbor lines in Lower Newport Bay have been established by an act of the U.S. Congress and can only be modified by an act of Congress. 5. Harbor Maintenance Uses, Equipment and Facilities. The terms "harbor maintenance uses, equipment and facilities" shall mean all uses and their related equipment, vessels, docking, and land storage facilities and access which provide: dredging and beach replenishment; demolition, repair and new construction of docks, piers, bulkheads, and other in -and - over -water structures; mooring maintenance and repair; waterborne debris and pollution control, collection, and removal. This category also includes environmental, survey, or scientific vessels and related equipment based, or on assignment, in Newport Harbor. All vessels under this definition may also be referred to as "work boats." 6. Harbormaster. The term "Harbormaster" shall mean the Harbormaster of the City of Newport Beach, or his or her designee. 7. Harbor Regulations. The term "harbor regulations" refers to Title 17 of the Newport Beach Municipal Code. 8. Harbor Resources Manager. The term "Harbor Resources Manager" shall mean the Harbor Resources Manager of the City of Newport Beach, or his or her designee. 9. Harbor Structures. The term "harbor structures" refers to any pier, float, piling, bulkhead, seawall, reef, breakwater or any other structure in, upon or over the waters of Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and flows within the City of Newport Beach or adjoining waters. 10. Habitat. The term "habitat" shall mean the locality, including the physical and biological environment, in which a plant or animal lives. 11. Headwalk. The term "headwalk" shall mean that portion of a dock that serves as a primary pedestrian access to mainwalks, fingers, and slips. Fingers may be attached directly to headwalks. Headwalks are generally parallel to the bulkhead. The term "marginal walk" is synonymous with "headwalk." 2 5-40 12. Houseboat. The term "houseboat" shall mean any vessel or structure on or in any waterway, floating or nonfloating, which is designed or fitted out as a place of habitation and is not principally used for transportation. Section 3: NBMC Section 17.05.040 is hereby amended to read as follows: The responsibility for the administration of the provisions of this title is delegated to the City Manager, or officers or employees of a department or departments of the City designated by him or her. Section 4: NBMC Subsection 17.05.055 is hereby added to NBMC Chapter 17.05 to read as follows: 17.05.055 Duties of the Harbor Director. It shall be the duty of the Harbor Director to A. Carry out the orders of the City Manager, and to assist the City Manager to enforce all harbor regulations, ordinances and tidelands trust requirements. B. Coordinate with appropriate department directors, the Harbor Commission, and City staff to administer Newport Harbor and the provisions of Title 17, or any successor title. C. Supervise and assist the City staff assigned to the Harbor Department to carry out the purposes of this Title 17, or any successor title. Section 5: NBMC Subsection 17.05.120(D) is hereby amended to read as follows: D. Administration. The Harbor Resources Manager and the Harbormaster shall administer the provisions of this title, except for the collection of fees, which shall be the responsibility of the Finance Director. Section 6: NBMC Subsection 17.10.085(B) is hereby amended to read as follows: B. Right of Entry. The Harbor Resources Manager, Harbormaster and any Police Officer or City employee whose job includes the enforcement of this chapter, shall have the power and authority to enter, free of charge, 3 5-41 and at any reasonable time, any place of business or vessel subject to the requirements of this chapter. Section 7: NBMC Subsection 17.20.040(C) is hereby amended to read as follows: C. Tampering with Vessel. No person shall willfully injure or tamper with, or break or remove any part of or from, any vessel in the City, or tamper with the lines securing any such vessel, without the consent of the owner or other person having charge thereof, except for those authorized by the Harbormaster. Section 8: NBMC Subsection 17.20.040(D) is hereby amended to read as follows: D. Tampering with Moorings. No person shall tamper with any mooring or anchorage in the City whether or not the same is occupied by a vessel, except for those authorized by the Harbormaster for the maintenance of harbor operations. Section 9: NBMC Section 17.20.050 is hereby amended to read as follows: All stray, unattended or abandoned vessels, timber or any other personal property found in the water or on the shore of Newport Harbor or the Pacific Ocean, not in the lawful possession or control of some person, shall be immediately reported to Harbor Resources or the Harbormaster. Any such property shall be dealt with as provided in the appropriate provisions of Chapter 1.20 of the Newport Beach Municipal Code, or Section 510, et seq., of the California Harbors and Navigation Code, as the same now read or may hereafter be amended. Proceeds of any sale of such property shall be deposited in the general fund of the City. For purposes of this section, any vessel on the Pacific Ocean shall be deemed to be stray, unattended and abandoned if the vessel is unoccupied by a person during: any nighttime hours (dusk to dawn); any time period when a Small Craft Advisory or greater has been issued by the National Oceanic and Atmospheric Administration; or daylight hours for more than three (3) hours. Section 10: NBMC Subsection 17.25.010(A)(2) is hereby amended to read as follows: 4 5-42 2. No person shall make fast any vessel to any other vessel already occupying any pier, either public or private without first obtaining a special event permit as required in Chapter 11.03 of this Code, or any successor chapter. At the Rhine Wharf, the Harbormaster shall have the authority to authorize this activity, via a Rhine Wharf permit, under either of the following conditions: (a) a commercial fishing vessel is loading or unloading, and no other mooring or berthing space is available in the harbor for this purpose; or (b) a vessel is taking refuge from inclement weather and no other mooring or berthing space is available in the harbor for this purpose. In no event shall more than one vessel be made fast to the dockside vessel and no other vessel shall be made fast to the outboard vessel. Both vessels shall have operators aboard at all times. Section 11: The introductory paragraph to NBMC Subsection 17.25.010(C)(1) is hereby amended to read as follows: 1. 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 to avoid extended occupancy, congestion or blocking thereof, the Harbormaster is authorized and directed to post the following dock markings or signs limiting the time during which a vessel may be tied up or secured, or supplies or gear may be placed at or on any such pier or facility. The dock markings shall have the meanings as herein set forth: Section 12: NBMC Subsection 17.25.010(C)(2) is hereby amended to read as follows: 2. The Rhine Wharf, adjacent to the Rhine Wharf public pier, shall not be used by vessels for any purpose except with a valid Rhine Wharf permit issued by the Harbormaster, and subject to the following conditions: a. Vessels may be tied or secured to the Rhine Wharf for four hours maximum. b. The Harbormaster shall have the authority to limit the size of vessels using the Rhine Wharf. 5 5-43 C. Vessels using the Rhine Wharf shall be in the actual process of loading, unloading or engaged in temporary repairs. d. The Harbormaster may authorize an extension of the four hour period where special circumstances dictate such an extension. Section 13: NBMC Section 17.25.020 is hereby amended to read as follows: A. Location. No person having charge of any vessel shall berth or anchor the same in Newport Harbor except within the designated areas. Any vessel which is berthed, moored or anchored at a place not designated for such vessel shall be moved as directed by the Harbormaster. In the designation of mooring areas and anchorage areas, consideration shall be given to the needs of commerce, the utilization of turning basins, the use of channels for navigation, and the economy of space. No vessels shall be moored or anchored in any part of any turning basin or channel unless secured both fore and aft except as provided in subsection (1) of this section. Every vessel moored or anchored in any part of the harbor outside of any turning basin or channel shall be so moored or anchored as to prevent such vessel from swinging or drifting into any turning basin or channel. 1. It is unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any vessel to: (a) berth or anchor the same in Newport Harbor except within the designated areas; or (b) anchor a vessel at any location on the open waters of the Pacific Ocean within five hundred (500) yards of a designated protected swimming area for a cumulative period of time that exceeds seventy-two (72) hours within any thirty (30) calendar day period. The Harbormaster may authorize an extension to the seventy-two (72) hour time limit if the Harbormaster determines that given the particular circumstances an extension of time is reasonable and warranted. 2. Any vessel which is berthed, moored or anchored at a place in Newport Harbor not designated for such vessel shall be moved as directed by the Harbormaster. In the designation of mooring areas and anchorage. areas in Newport Harbor, consideration shall be given to the needs of commerce, the utilization of turning basins, the use of channels for navigation, and the economy of space. B. Application of Chapter. The terms of this chapter, as they relate to moorings and buoys, shall apply to "on -shore moorings" which are moorings located landward of the pierhead line and to "offshore moorings" which are located bayward of the pierhead line, with equal force and effect. M 5-44 C. Berthing. 1. Boats berthed at private or public piers shall not extend beyond the projection of the property lines of the property to which the pier is connected in accordance with Section 17.35.020, or any successor section. 2. Any boat berthed at a pier or slip shall not extend bayward a distance of more than the maximum width of its beam beyond the end of the pier, or slip. Between Bulkhead Station 256, beginning at Collins Avenue to Bulkhead Station 255, boats moored at a pier or slip shall not extend more than fifteen (15) feet bayward from the end of the pier or slip or more than the width of the beam of the boat, whichever is less. D. Permit Required. No person shall place, erect, construct or maintain a pier mooring or buoy in the waters of Newport Harbor over City -owned or controlled tidelands without first having obtained a permit pursuant to this title. E. Unauthorized Use of Mooring. No person shall use a mooring unless he holds a current and valid permit except with the permission of the Harbormaster for temporary use, as herein provided. F. Chains and Fastenings. 1. No person shall erect, construct or maintain any mooring in Newport Harbor unless all chains and fastenings are of sufficient size to stand a breaking strain of at least six times the weight of the mooring. 2: All mooring lines on buoys shall be so arranged that, when dropped, they will immediately sink. With a double mooring, however, it shall be permissible to connect two mooring lines with a spreader line having floats attached thereto to keep such line afloat when the mooring is unoccupied. G. Buoy Markings. Mooring buoys shall be painted with the number allocated thereto by the Harbormaster to the mooring, the numeral(s) of which shall be at least three inches in height. H. Maintenance. All moorings shall be kept in good and serviceable condition in the location assigned by the Harbor Resources Manager and/or Harbormaster. I. Mooring, Anchoring and Vessel Condition Requirements. 1. Mooring Anchoring. All vessels anchored on the open waters of the Pacific Ocean shall be anchored in such a manner so that the vessel does not come in contact with another vessel or structure. All vessels using moorings in Newport Harbor shall be firmly anchored to a mooring from 7 5-45 bow and stern in such a manner as to prevent the vessels from swinging, turning or drifting, except in areas designated by the Harbor Resources Manager and/or Harbormaster as single mooring areas. Vessels in single mooring areas shall be tied from the bow. All vessels anchored in Newport Harbor in the designated anchorage area shall be anchored in such a manner so that the vessel does not come in contact with another vessel or structure and does not extend beyond the demarcation line of the designated anchorage area. 2. Vessel Condition—Seaworthiness and Operability. Vessels assigned to a mooring by permit must be maintained in an operable and seaworthy condition. If, based upon the appearance of the vessel, inspection by the City or other facts, the Harbormaster has cause to believe a vessel is not seaworthy and operable, the Harbormaster shall give written notice in accordance with the service requirements of Section 1.05.030 of this Code, or any successor section, to the permittee requesting a demonstration that the vessel is seaworthy and operable. The permittee shall, upon written notice specifying the date and time, demonstrate to the Harbormaster that the vessel assigned to the mooring is seaworthy or operable. In the event that the Harbormaster determines that vessel is not seaworthy or operable, the permittee shall: (a) commence repairs within thirty (30) days upon service of the written notice of such determination and complete repairs within ninety (90) days of the commencement unless the Harbormaster, upon written request from the permittee specifying the reasons therefor, approves an extension of time to complete the repairs; or (b) remove the vessel within thirty (30) days of service of the written notice of such determination and request assignment of a different vessel that is seaworthy and operable to the mooring within sixty (60) days after the removal of the vessel. This section is not intended to apply to any brief period of repair common to most vessels. The Harbormaster may repeat his or her request to test operability and seaworthiness as needed. 3. It is unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any vessel in the City, to maintain, permit, cause or allow to exist on such vessel any of the following conditions - a. Promotion of a fire hazard, including, but not limited to, improper open fuel storage, deficiencies in the vessel's fuel storage tanks, inoperable electrical systems, storage of combustible or other flammable material that constitutes a fire hazard to any vessel; b. Retention of water that becomes stagnant, unsanitary, or polluted; c. Accumulation or storage of rubbish, trash, debris, rubble, containers, and boxes that is visible aboard the vessel or stored inside the vessel in such a way to make the vessel inoperable for its intended use; 3 5-46 d. Storage or securing a vessel in such a way that it impedes pedestrian travel on City beaches and tidelands; e_ Contribution to hazards to public safety and health, such as, but not limited to: propagation of vermin, rats, insects, unsanitary conditions from the accumulation of fecal materials; f. Maintenance in such nonseaworthy condition that it is unsafe, unsightly or poorly maintained, including, but not limited to: broken windows, unsecured doors and hatches, excessive marine growth attached to the vessel, the vessel is inoperable for its intended use, partially destroyed or partially repaired for more than three continuous months, provides access to marine mammals, is actively seeping hazardous or toxic material into the surrounding waters, and would present a physical danger to public safety personnel during emergency access; g. Operation of its mechanical or electrical systems creates excess noise, odors, vibrations, fumes, discharges or emissions that constitute an impact on public health or safety,- h. afety;h. Violation of the terms and conditions of other use or rental permits as granted by the City of Newport Beach; i. Allowance of repetitive, boisterous or unruly conduct by the vessel operator or occupants when that conduct: (i) is offensive to a person of ordinary sensibility, (ii) continues after a written or oral request to terminate the conduct, (iii) is offensive to a considerable number of people; j. Anchorage in an area controlled by the City without adequate anchor(s) rope and chain appropriate for the wind and sea conditions encountered in Newport Bay; k. Inability of a vessel on a shore mooring to be self-righting on an incoming tide without flooding the vessel,- 1. essel;I. Attachment to a mooring in such a way that the vessel regularly drifts and impedes safe navigation in the bay; m. Installation of a marine sanitation device that is not connected directly to an internal holding tank at all times while in Newport Bay. In the event that the City of Newport Beach determines that a vessel is a public nuisance, the City of Newport Beach may commence public nuisance abatement per Chapter 10.50 of the Municipal Code, or any successor chapter. 0 5-47 4. If, based upon the appearance of the vessel, inspection by the City or Harbormaster or other facts, the Harbormaster determines that a sea lion has boarded a moored vessel, the Harbormaster shall issue and serve a notice of violation in accordance with Section 1.05.030 of the Code, or any successor section, 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 seven (7) calendar days of the notice of violation. If the Harbormaster determines that appropriate deterrent measures have not been taken within seven (7) calendar days of the notice of violation, the Harbormaster may issue an administrative citation and the permittee shall: (a) take any and all necessary action to employ and maintain appropriate sea lion deterrent measures; or (b) remove the vessel. 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. 5. With the exception of the sea lion deterrence requirements, the requirements of this section are not applicable to vessels used in marine construction or marine contracting services. J. Specifications. Specifications for the size of chains required on moorings and weights of moorings shall be adopted by resolution of the City Council. K. Inspection of Moorings. Each mooring shall be lifted by the owner for inspection by the Harbormaster at least once every two (2) years and shall be repaired so as to be in good condition before being replaced, provided that the Harbormaster may require any mooring to be lifted at any time when deemed necessary to assure it is in good condition. If the permittee has such lifting performed by a marine contractor, then the Harbormaster may authorize such contractor to inspect the mooring on behalf of the Harbormaster and certify the results to the Harbormaster in writing. The permittee shall pay the costs of any inspection performed by a contractor on behalf of the Harbormaster. L. Rental Not Permitted. Except as authorized in Section 17.60.040(B)(1)(a), or any successor section, no mooring may be leased or rented by the permittee to another person except with the written permission of the Harbormaster. M. Administration. The Harbormaster shall administer all provisions in this section dealing with moorings and buoys, except the revocation of permits by the Harbor Commission and collection of all fees hereafter. 10 Section 14: NBMC Section 17.25.030 is hereby amended to read as follows: A. Vessel or Trailer Storage on Beaches Prohibited—Exceptions. No person shall store any vessel, watercraft, trailer or other similar object on any public beach in the City except as provided in subsection (A)(1) of this section. As used in this section, the term "store" shall mean to leave or permit to remain unattended for a period of two (2) hours or more and not in the possession or control of the owner or user. 1. Vessels, watercraft and equipment directly related to the use of the vessel or watercraft (related equipment) may be stored on a public beach as follows: a. Any vessel(s), watercraft and/or related equipment owned and maintained by the City or its contractors which is (are) used in conjunction with recreation programs offered by the City; b. Any vessel(s), watercraft and/or related equipment that cannot feasibly be berthed or moored at a privately owned pier or mooring and is (are) used by a nonprofit corporation for noncommercial purposes provided a vessel storage permit has been approved by the Harbormaster. A vessel storage permit shall be approved only if there is substantial evidence that the permit would not adversely affect the health, safety or welfare of those who use, enjoy or own property near the waters of Newport Bay. Vessel storage permits are subject to the following standard conditions as well as any additional conditions imposed by the Harbormaster: i. The permit shall not cause or permit any unreasonable noise that would adversely affect the use or enjoyment of public or private property in the vicinity of the vessel, watercraft or equipment; ii. The permit shall not engage in, or permit, any activity that unreasonably interferes with the use of the beach or adjoining waters by the public; iii. The permit shall not cause or permit any activity that pollutes any public or private property of the waters of Newport Bay; iv. The permit may be revoked by the Harbormaster, without cause, at any time, upon thirty (30) days' written notice to the permittee. c. Any vessel for which a mooring permit has been issued by the City pursuant to Section 17.60.040, or any successor section, provided the vessel remains on the beach only to the extent necessary to load or unload. 11 5-49 Section 15: NBMC Section 17.40.030 is hereby amended to read as follows: No person shall live -aboard any vessel assigned to an offshore mooring without first having obtained a live -aboard permit from the Harbormaster. No live -aboard permit shall be issued except to a person holding a valid mooring permit issued pursuant to Chapter 17.60 of the Newport Beach Municipal Code, or any successor chapter. No permit shall be issued to any live -aboard which is not intended to serve as the principal residence of the permittee. For purposes of this section, principal residence shall mean to live -aboard for not less than eight (8) months in any calendar year. Section 16: The introductory sentence to NBMC Section 17.40.040 is hereby amended to read as follows: An application for a live -aboard permit shall be filed with the Harbormaster upon forms provided by the City and shall contain the following information: Section 17: The introductory sentence to NBMC Section 17.40.050 is hereby amended to read as follows: Upon receipt of an application for a live -aboard permit, the Harbormaster shall investigate the information contained in the application. The Harbormaster shall deny the application if: Section 18: NBMC Section 17.40.070 is hereby amended to read as follows: A. The Harbormaster may impose such conditions on the permit as are reasonably necessary to insure that the activities of the permittee comply with the provisions of this chapter. B. The Harbormaster shall have the power to promulgate rules and regulations to insure that the purposes of this chapter are satisfied. Each permittee shall comply with these rules and regulations. Compliance shall be considered a condition to each live -aboard permit. Section 19: NBMC Section 17.40.100 is hereby amended to read as follows: Each permittee shall maintain a log for the use of pumpout facilities. The log shall contain the date, time, and location waste was discharged. The discharge log shall be available for inspection by the Harbormaster at all 12 5-50 reasonable hours and upon request. The log shall be submitted to the Harbormaster with the renewal application. Section 20: NBMC Subsection 17.40.110(B) is hereby amended to read as follows: B. The Harbormaster shall establish a waiting list of persons who wish to apply for a live -aboard permit. The waiting list shall consist solely of persons who hold valid mooring permits issued pursuant to the provisions of Chapter 17.60 of the Newport Beach Municipal Code, or any successor chapter. Any person who sells or transfers the vessel, or any ownership interest in the vessel, assigned to a mooring shall be removed from the waiting list. In the event the number of live -aboard permits falls below the limit specified in subsection (A) of this section, the Harbormaster shall notify the person or persons next in order on the waiting list of the vacancy or vacancies. The notice shall specify that applications will be accepted for thirty (30) days after the date of the notice, and that failure to apply within the thirty (30) day period will result in removal of that person or persons from the waiting list. Notice shall be deemed given when deposited in the United States mail, with the first class postage prepaid, and addressed as specified by the person or persons on the waiting list. City shall not be liable for a failure to notify any person or persons on the waiting list since placement on the list does not create any property right in any person or persons on the list nor any contractual obligation on the part of the City. An application for placement on the waiting list shall be accompanied by a fee established by resolution of the City Council, but in no event shall the fee exceed the cost of administering the waiting list. Section 21: The introductory sentence to NBMC Subsection 17.40.140(A) is hereby amended to read as follows: A. Any permit granted pursuant to this chapter and Chapter 17.60, or any successor chapter, may be suspended or revoked by the Harbormaster upon a determination that: Section 22: NBMC Section 17.40.150 is hereby amended to read as follows: In the event the Harbormaster determines there may be grounds for suspension or revocation of a permit issued pursuant to this chapter, the Harbormaster shall give written notice in accordance with Section 1.05.030 of the Code, or any successor section, of intent to suspend or 13 5-51 revoke the permit and the right of the permittee to request a hearing before the Harbormaster within fifteen (15) calendar days from the date on which notice is deemed served. The notice shall state the reason for the proposed suspension or revocation and shall be accompanied by any documents in the possession of the Harbormaster that pertain to the grounds for the proposed action. If the permittee does not request a hearing within fifteen (15) calendar days of the date the notice is deemed served, the decision of the Harbormaster shall be final and permittee shall not be entitled to an appeal. Section 23: NBMC Section 17.50.100 is hereby amended to read as follows: If, based upon an inspection by the City or the Harbormaster or other facts, the Harbormaster determines that a sea lion has boarded a permitted structure and/or any vessel or other appurtenances attached to the structure, the Harbormaster shall issue a notice of violation 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 seven (7) calendar days of the notice of violation. If the Harbormaster determines that appropriate deterrent measures have not been taken within seven (7) calendar days of the notice of violation, the Harbormaster may issue an administrative citation and the permittee shall take any and all necessary action to employ and maintain appropriate sea lion deterrent measures. 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 24: NBMC Section 17.60.040 is hereby amended to read as follows: A. Permit Required. No person shall place, erect, construct, maintain, use or tie to a mooring in the waters of Newport Harbor over City -owned or controlled tidelands without first having obtained a mooring permit from the Harbormaster or having otherwise complied with this section. A mooring permit is in the nature of license for the temporary use of a specific location within the Newport Harbor. B. Issuance of Permit—Conditions. The Harbormaster, in furtherance of the tideland grants to the City, may issue a mooring permit or mooring sub -permit to allow the mooring permittee or mooring sub -permittee to 14 5-52 temporarily use a portion of the waters of Newport Harbor for the mooring of a vessel. Upon the effective date of this chapter, a mooring permittee may hold up to two mooring permits at any time. A mooring permittee that holds more than two mooring permits prior to the effective date of this chapter may continue to hold the mooring permits until the permits are sold, revoked, or otherwise transferred under this chapter. Exceptions. a. The Balboa Yacht Club and the Newport Harbor Yacht Club (collectively, "yacht clubs") currently hold permits for single point moorings placed within certain mooring area boundaries established by the City, except as noted in subsection (13)(3)(f) of this section. In addition, the Lido Isle Community Association ("LICA") has permits for onshore moorings on Lido Isle. These organizations shall hold their respective permits under the yacht club, or respective organization name, for the moorings identified by the City as under their respective control at the time of enactment of the ordinance codified in this section. The yacht clubs and LICA shall be solely responsible for managing moorings under their control and shall be permitted to assign moorings under their control to yacht club members and members of LICA, respectively. The yacht clubs and LICA shall keep accurate records of the name and address of the club members and community association members to which each mooring has been assigned. The yacht clubs and LICA may not sell or otherwise transfer the moorings under their control to a third -party. Mooring records shall be provided annually to the Harbormaster on or before February 1 sr b. Mooring of a Tender. A single vessel no longer than fourteen (14) feet in overall length to serve as access to and from the assigned vessel may be secured to the assigned vessel or may be secured to the offshore mooring in the absence of the assigned vessel. Notwithstanding the single vessel restriction, permitted live-aboards may secure up to two (2) vessels no longer than fourteen (14) feet in overall length to the assigned vessel, to serve as access to and from the assigned live -aboard vessel. C. Multiple Vessel Mooring System Program. The Harbormaster may approve a multiple vessel mooring system in the mooring areas of Newport Harbor Yacht Club and the Balboa Yacht Club. An application for a multiple vessel mooring system shall be submitted in writing to the Harbormaster, who shall evaluate the application based upon standards he or she shall have established. 2. Permit Requirements. Each mooring permit may be issued for up to two (2) natural persons ("mooring permittee(s)") who shall be individually and collectively responsible for all activities related to the mooring permit. To the satisfaction of the Harbormaster, the mooring permittee(s) shall: 15 5-53 a. Identify on the permit the full legal name(s), current address(es), current telephone number(s) and current e-mail address(es), if one exists, of the mooring permittee(s); b. Agree to be responsible for permit rent, fees, maintenance and repair of mooring equipment; c. The permit for joint ownership moorings shall provide that all parties shall have equal rights under the permit and shall be held jointly responsible for compliance with all rules, regulations, and conditions set forth in the mooring permit; d. Grant permission to the City to temporarily assign the mooring to another vessel when it is unoccupied through the issuance of a mooring sub -permit; e. Agree to defend and indemnify the City and any other government entity with jurisdiction against any claims or losses arising out of, or related to the use of, the mooring permit except where the claim or loss arises from the sub-permittee's damage of the mooring, or out of the negligence and/or misconduct of a person assigned the mooring as a mooring sub -permittee under subsections (G) and/or (H) of this section; f. Provide proof of insurance on a vessel as may be determined by the City's Risk Manager; g. Provide registration or other proof of controlling possessory right in the assigned vessel, all to the satisfaction of the Harbormaster; h. Agree to pay fair market value rent, as established by resolution of the City Council, on a rent schedule established by the Harbormaster, which shall be similar to the schedule used to collect rent from other tidelands users in Newport Harbor; i. Agree that the mooring permit does not provide any ownership interest in the underlying tidelands, which are held in trust by the City and owned by the people of the State of California; and j. Authorize the City, or its designee, to move the vessel on the mooring to another location when deemed necessary by the Harbor Resources Manager and/or Harbormaster. 3. Perm ittee/Transferee Qualifications. A mooring permit may be held by, or transferred to, only the following persons: a. A natural person(s) holding title to an assigned vessel; EUP 5-54 b. An executor or administrator carrying out the terms of a will or administering a probated estate that holds a mooring permit, but only for the period of time prior to distribution of the estate; C. An inter vivos trust, family trust, or other similar type of trust estate holding a mooring permit, so long as all trustors are natural persons and the primary mooring permittee shall be the trustee of the trust, d. An approved transferee whose vessel and/or mooring permit are subject to any of the terms and conditions stated in subsection (E) of this section; e. A marine contractor or marine support service provider, holding a mooring permit used to provide current or ongoing harbor infrastructure and marine or fishing services (such as maintenance and dredging); f. Balboa Island Yacht Club for the purposes of youth education in boating and marine activities; Kerckhoff Marine Laboratories for the purpose of marine and oceanographic research; and American Legion Post 291 for the purpose of serving veterans and their families and supplying them with affordable access to boating and harbor activities; or similar marine educational entities; g. The Balboa Yacht Club, Newport Harbor Yacht Club (collectively "yacht clubs") and the Lido Isle Community Association—only for those moorings assigned by the City within certain established mooring areas or locations, prior to the enactment of the amended ordinance codified in this section. These designated mooring areas may not be expanded. The boundaries of these mooring areas are graphically depicted by National Oceanographic and Atmospheric Administration ("NOAX) Chart Number 18754. Yacht clubs shall be entitled to a maximum number of moorings as can be accommodated in the mooring fields designated in NOAA Chart Number 18754 and at a minimum the current number of moorings assigned to them as of the effective date of the ordinance codified in this section. C. Plans and Specifications Required. No mooring permit shall be issued for placing, erecting, constructing or maintaining a mooring or buoy unless such mooring or buoy is constructed: 1. In accordance with standard plans and specifications approved by the Harbormaster and at a location approved by the Harbormaster; or 2. In accordance with other plans and specifications for such mooring or buoy which have been submitted by the applicant, showing the construction of such proposed mooring or buoy together with the location thereof, and which meet the requirements established in this chapter and which have been approved by the Harbormaster. 17 5-55 D. Late Fees. A ten (10) percent late charge shall be added to all payments due but not received by City by the due date. E. Transfer of Permit. No mooring permittee shall transfer a permit for a mooring or buoy granted under the provisions of this chapter, except: 1. When transferred from a natural person to another member of his or her immediate family, which shall be defined for the purposes of this section as the mooring permittee's spouse and heirs at law to the second degree of consanguinity; or 2. Except when transferred to immediate family, a mooring permit may only be transferred under this subsection up to one time in any twelve (12) month period. F. Procedures for Transfers. Permits shall not be transferred without the prior written approval of the Harbormaster. The Harbormaster may approve the transfer of a mooring permit under the procedures set out below: 1. The mooring permittee(s) (or, if the permittee is deceased or incapacitated, the transferee) shall submit to the Harbormaster: a. A completed mooring transfer form (on the form provided by the Harbormaster); and b. Documentation that the proposed new mooring permittee (transferee) qualifies as a mooring permittee under subsection (13)(3) of this section. 2. If transferee intends to purchase an assigned vessel but does not have title on the assigned vessel owned by the mooring permittee and transferor at the time of transfer, then: a. Within sixty (60) days of a transfer, transferee shall submit to the Harbormaster a copy of a California Department of Motor Vehicles registration or other current registration (or, in lieu thereof, U.S. Coast Guard documentation of ownership) documenting transferee's ownership of the assigned vessel or, in the case of an onshore mooring, a photograph of the assigned vessel if it is not subject to vessel registration laws; or b. If such documentation is not received by the Harbormaster within the sixty (60) day period, then the vessel or the mooring may be impounded, the mooring may be deemed vacant and may be assigned pursuant to subsections (G) and (H) of this section. im 5-56 3. If transferee intends to moor a vessel other than the assigned vessel and does not have title to the vessel that will be moored at the time of transfer, then: a. Within sixty (60) days of an approved transfer, the transferee shall notify the Harbormaster that the assigned vessel has been removed from the mooring and before a new vessel may be placed on the mooring shall submit to the Harbormaster a copy of a California Department of Motor Vehicles registration or other current registration (or, in lieu thereof, U.S. Coast Guard documentation of ownership) documenting transferee's ownership of the new assigned vessel, or in the case of a shore mooring, a photograph of the new assigned vessel if it is not subject to vessel registration laws; or b. If the documentation is not received within sixty (60) days of a transfer, the mooring may be deemed vacant by the Harbormaster and the mooring may be assigned pursuant to subsections (G) and (H) of this section. The mooring may remain vacant until such time the permittee notifies the Harbormaster of their intent to assign their vessel to the mooring. 4. The transfer, request shall be denied unless mooring permit rent, including late payment fees, is paid current; required mooring inspections are current; required maintenance and repairs are complete and there are no derelict or unauthorized vessel(s) on the mooring. 5. The mooring permittee and transferee shall provide a written agreement to defend and indemnify the City of Newport Beach in any dispute with a third party over transferee's right to be the mooring permittee or in any dispute with a third party over the mooring permittee's right to transfer the permit. 6. Transfer Approval. Upon confirmation of compliance with this subsection, the Harbormaster must find all of the following conditions to approve the transfer of a mooring permit: a. The mooring permittee no longer owns the assigned vessel or has retained ownership of the assigned vessel and has permanently vacated the mooring; b. The transferee has met all the qualifications and conditions for issuance of a permit in subsection (B) of this section; C. The transferor or transferee has reported to the Harbormaster the price paid for the mooring permit, and has paid to the City the required transfer rental charge; and 19 5-57 d. The transferor represents that he/she/it did not discriminate against any transferee or prospective transferee because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 7. The Harbormaster may approve a one-for-one exchange of moorings between two mooring permittees, subject to compliance with this subsection without any transfer rental advance charge imposed by the City. 8. The Harbormaster may approve the changing of an assigned vessel on the permit, subject to the requirements of subsection (B) of this section, without any transfer rental advance charge imposed by the City. 9. Following an approved transfer, the Harbormaster shall list the transfer price of the mooring permit on a publicly available website hosted by the City, or on a third -party's website under contract with the City to host information regarding mooring permit transfers. G. City's Authority to Assign Moorings through Use of Sub -Permits. With the exception of the Balboa Yacht Club, the Newport Harbor Yacht Club, and the Lido Isle Community Association's designated moorings, mooring permittee may not rent, assign, or transfer the use of the mooring to any other person. With the exception of moorings issued to mooring permittees described in subsection (13)(3)(e) of this section, City shall have the authority to assign vacant moorings to sub -permittees pursuant to the following provisions: 1. Deemed Vacant Moorings. City may assign deemed vacant moorings through the issuance of sub -permits at its own discretion. Sub -permits may be renewed upon availability. The mooring permittee may reclaim its mooring upon three days' prior written notice to City of its intent to return the assigned vessel to the mooring. A "deemed vacant mooring" shall be defined as a mooring upon which: a. An assigned vessel has not been attached for thirty (30) consecutive days or more; or b. A vessel, other than an assigned vessel, has been attached for thirty (30) days or more; or C. Required documentation for an assigned vessel has not been provided for a transfer request pursuant to subsection (E) of this section. 2. Noticed Vacant Moorings. City may assign noticed vacant moorings at its own discretion through the issuance of a mooring sub -permit for any PTI MM period of time, up to the reoccupation date on mooring permittee's written notice, or the twenty-four (24) hour written notice per subsection (G)(2)(b) of this section. If the mooring continues to be vacant for thirty (30) days past the reoccupation date indicated on mooring permittee's notice, and there is no further written notice from mooring permittee, the mooring shall become a deemed vacant mooring. a. Mooring permittee may provide written notice to City of its intent to vacate its mooring for fifteen (15) days or more. These moorings shall be "noticed vacant moorings." Written notice shall include the date the mooring permittee intends to vacate his/her mooring, and the date he/she intends to reoccupy the mooring with the assigned vessel. b. If mooring permittee provides written notice, the mooring permittee may reclaim the assigned mooring on the reoccupation date indicated in his/her written notice or, if the mooring permittee returns prior to or after the reoccupation date, upon twenty-four (24) hours' written notice to the City. H. Procedures for Mooring Sub -Permit Issuance. Any natural person wishing to use a mooring pursuant to the issuance of a sub -permit must enter into a written mooring sub -permit agreement with the City that includes the following: 1. A written representation of the current vessel length which shall be satisfactory to the Harbormaster. 2. An agreement to be responsible for any damage to mooring equipment; to defend and indemnify the City of Newport Beach and the mooring permittee against any claims or losses arising out of, or related to, the mooring rental; to require the mooring sub -permittee provide proof of insurance as may be determined by the City's Risk Manager; to require registration or other proof of ownership; to require an equipment damage deposit, all to the satisfaction of the Harbormaster; and authorize the City, or its designee, to move the vessel on the mooring to another location when deemed necessary by the Harbor Resources Manager and/or Harbormaster. 3. The repair of any damage to the mooring equipment shall be paid by the mooring sub -permittee. If the mooring is damaged by a vessel assigned by the City, or the City's agent, the City will arrange for the repair of the mooring with a qualified vendor and provide notice to the permittee of the occurrence and the arranged repair date. Should the sub -permittee fail to pay for the damage for any reason, the City will pay for the required repairs to the mooring, and then seek reimbursement from the sub - permittee. Also, the City will make available a mooring without charge for 21 5-59 the returning vessel of the mooring permittee until such time as their permitted mooring is repaired. 4. Mooring sub -permittees shall provide approved mooring lines which shall be removed at the end of the rental period. 5. A mooring sub -permit agreement may be up to fifteen (15) days and may terminate at any time for any reason, and may be renewed based on availability. Upon return of the assigned vessel to the mooring, the Harbormaster will attempt to reassign the sub -permittee to another mooring. Mooring sub -permittees have no right of renewal or substitute moorings upon return of the assigned vessel, or upon termination of a mooring sub -permit agreement for any reason. Mooring sub -permittees accept an indefinite term at their own risk. 6. The mooring sub -permit rent will be based on a rate established by the Newport Beach City Council. 7. Live-aboards may be temporarily permitted as sub -permittees pending vessel inspection, for a period not to exceed fifteen (15) days in any twelve (12) month period. 8. Mooring sub -permits shall be offered to the public on a first-come, first-served basis. 9. Subject to the Harbormaster's approval, a mooring may be loaned free of charge by the mooring permittee to a vessel other than the assigned vessel for no more than thirty (30) consecutive days; provided, that: a. The mooring permittee provides the Harbormaster with written notice identifying the vessel that will use the mooring; b. The mooring permittee has not loaned the mooring for more than sixty (60) days in the twelve (12) month period that immediately precedes the commencement of the current mooring loan; C. The vessel owner requesting a loan has not previously been the recipient of loans for more than ninety (90) days in the previous twelve (12) months; and d. The vessel owner authorizes the City, or its designee, to move the vessel on the mooring to another location when deemed necessary by the Harbormaster. I. Mooring Permit Transfer Nonrefundable Rental Charge. The City shall charge the mooring permittee for the right to transfer a mooring permit under subsection (E) of this section in an amount equal to seventy-five Oxy 5-60 (75) percent of the annual mooring rent as established by City Council resolution. This transfer charge represents a one-time nonrefundable rental advance for the use of a mooring. A mooring permit transfer charge shall not be required if: 1. The transfer is from the mooring permittee to the same mooring permittee as trustor of an inter vivos trust, living trust or other similar estate planning tool; 2. The transfer is made under subsections (F)(7) and (8) of this section; or 3. The transfer is made pursuant to Subsection (E)(1) of this section. J. Surrendered Mooring Equipment. If the mooring permittee sells, transfers, or otherwise no longer owns the assigned vessel and does not intend to apply for, or does not receive, approval to transfer the permit to another, the permittee may provide written notice to the Harbormaster of his or her intent to surrender the mooring permit; otherwise the provisions of subsection (G) of this section regarding a vacant mooring shall apply. Once a mooring permit is surrendered, the mooring permittee shall remove the assigned vessel and/or the mooring equipment thirty (30) days after written notice of surrender of the permit, or, upon failure to remove the mooring equipment, title shall vest in the City and the City shall compensate mooring permittee the fair value for the mooring equipment, less rent or fees owed, as provided in subsection (L) of this section. K. Revocation of Permit. 1. Grounds for Revocation. A mooring permit or sub -permit may be revoked upon any of the following grounds set forth in Section 17.70.020, or any successor section, or for any of the following: a. The moored vessel or the mooring equipment has been determined to violate the applicable mooring regulations in Section 17.25.020, or any successor section, and the mooring permittee or sub -permittee has not made the necessary corrections or repairs within the time required; b. The mooring permittee or sub -permittee has failed or refused to allow an inspection of the vessel to determine if it is seaworthy and operable, a public nuisance or in compliance with applicable marine sanitation device requirements; C. Living aboard a vessel assigned to a mooring without a live -aboard permit unless otherwise noted in subsection (G) of this section; 23 5-61 d. When the mooring permittee or sub -permittee fails to pay any mooring rent or fee when due and is in arrears for a period of sixty (60) days or more; or e. When the mooring permittee has sublet their mooring in violation of this title. 2. Notice and Hearing. In the event the Harbormaster determines there are grounds to revoke a permit issued pursuant to this chapter, the Harbormaster shall proceed in the manner described by Section 17.70.020, or any successor section. 3. Upon revocation, it shall be the duty of the mooring permittee to immediately remove the mooring equipment and any moored vessel. If not removed within thirty (30) days of revocation of the permit, the mooring equipment shall vest in the City and may be auctioned by the City to another person or may be removed by the Harbormaster and the cost of mooring equipment removal shall be paid by the mooring permittee. Any moored vessel or equipment not removed within thirty (30) days may be impounded by the City and disposed of in the manner provided by law. City incurred costs of removal of mooring equipment or any vessel moored thereto may be charged against the permittee and collected in any court of competent jurisdiction or recovered by the City from the proceeds of sale of the vessel or mooring equipment. 4. During any revocation proceeding under this subsection (K), if the mooring is unoccupied, it may be temporarily assigned as a mooring for guest vessels by the Harbormaster. L. Moorings Reverting Back to City. Should a mooring revert back to the City for any reason, whether through abandonment, surrender, failure to provide documents pursuant to subsection (F) of this section, or for any other reason, the following shall apply - 1 . pply:1. The mooring permittee shall be entitled to recover all of mooring permittee's mooring equipment within thirty (30) days of reversion. 2. If mooring permittee does not recover his or her mooring equipment, mooring permittee shall be entitled to payment from the City of the fair value of the mooring equipment as depreciated by use in an amount to be determined by the Harbormaster and as set in the City's master fee resolution, after any and all past due rent and fees, if applicable, have been satisfied. 3. The mooring may be publicly auctioned by the City, or the City's designated representative, or the mooring may be used for other City purposes. 24 5-62 Section 25: NBMC Subsection 17.60.080(6) is hereby amended to read as follows.. B. Initiation. Appeals shall be made in writing to the City Clerk and shall be accompanied by a fee established by resolution of the City Council. The appeal fee shall be refunded to the appellant if he or she is successful in their appeal under this section (e.g., decision being appealed is reversed). Section 26: NBMC Subsection 17.60.080(D) is hereby amended to read as follows: D. Hearing Date. Appeals shall be scheduled by the Harbor Resources Manager and/or Harbormaster, as applicable, for a hearing before an independent hearing officer within thirty (30) days of the filing of the appeal unless both appellant and City consent to a later date. Section 27: NBMC Subsection 17.60.080(G) is hereby amended to read as follows: G. Decision and Notice. After the hearing, the hearing officer shall affirm, modify or reverse the original decision. When a decision is modified or reversed, the hearing officer shall state the specific reasons for modification or reversal. Decisions on appeals shall be rendered within thirty (30) calendar days of the close , of the hearing. The Harbor Resources Manager and/or Harbormaster, as applicable, shall mail notice of the hearing officer's decision. Such notice shall be mailed within five (5) working days after the date of the decision to the applicant and the appellant. The decision of.the hearing officer shall be final. Section 28: NBMC Subsection 17.65.010(A) is hereby amended to read as follows: A. Decisions of the Harbor Resources Manager and/or Harbormaster resulting from his or her administration of this Code may be appealed to the Harbor Commission by any interested person. 25 5-63 Section 29: NBMC Subsection 17.65.030(A) is hereby amended to read as follows: A. Filing of Appeals and Calls for Review. Appeals or calls for review of decisions of the Harbor Resources Manager and/or Harbormaster shall be made in writing to the City Clerk on forms provided by the Harbor Resources Manager and/or Harbormaster. Appeals or calls for review of decisions of the Harbor Commission shall be -made in writing to the City Clerk on forms provided by the Clerk. The appeal shall state the facts and basis for the appeal. A call for review initiated by a member of the Harbor Commission or City Council, in their official capacity, shall be for the purpose of bringing the matter in front of the entire body for review. Section 30: NBMC Subsection 17.65.040(F) is hereby amended to read as follows: F. Decision and Notice. After the hearing, the appellate (or reviewing) body shall affirm, modify or reverse the original decision. When a decision is modified or reversed, the appellate (or reviewing) body shall state the specific reasons for modification or reversal. Decisions on appeals shall be rendered within thirty (30) days of the close of the hearing. The Harbor Resources Manager and/or Harbormaster, as applicable, shall mail notice of a Harbor Commission decision and the City Clerk shall mail a notice of a City Council decision. Such notice shall be mailed within five (5) working days after the date of the decision to the applicant and the appellant, if any. Section 31: Except as specifically amended in this ordinance, all other sentences, paragraphs, subsections, sections, chapters, and titles of the NBMC shall remain unchanged and in effect. Section 32: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 33: 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, sentence, clause or phrase hereof, irrespective of the fact that any P 5-64 one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 34: The City Council finds the approval of this ordinance 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. Alternatively, the City Council finds the approval of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. Section 35: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published pursuant to Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of , 2018, and adopted on the day of , 2018, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MARSHAL "DUFFY" DUFFIELD, MAYOR 27 5-65 APPROVED AS TO FORM: THE CITY ATT Y'S OFFICE AARON C. HARPF, CITY ATTORNEY ATTEST: LEILANI I. BROWN, CITY CLERK 4 Me ATTACHMENT F Title 17 Revisions NBMC Subsection 17.01.030(B)(6) 6. Reserved.Board The term "hoard" shall meaR the Board of Supervisors of the Geunty of Ora ge as th�PerniRg beryl of the QraRge GG inti Sheriff's Dep - mm ernr� 0 Harbor Detrol/Marine Operatiens Bureau. NBMC Subsection 17.01.030(H) 1. Harbor Commission. The term "Harbor Commission" shall mean the Harbor Commission of the City of Newport Beach. 2. Harbor Department. The term "Harbor Department" shall mean the Harbor Department of the Citv of Newaort Beach. 3. Harbor Director. The term "Harbor Director" shall mean the Harbormaster of the City of Newport Beach, or his or her designee. "2. Harbor Lines. The term "harbor lines" shall mean all established bulkhead, pierhead, and project lines as defined within Newport Harbor by the Federal, State, County and City Governments. The harbor lines in Lower Newport Bay have been established by an act of the U.S. Congress and can only be modified by an act of Congress. -3. Harbor Maintenance Uses, Equipment and Facilities. The terms "harbor maintenance uses, equipment and facilities" shall mean all uses and their related equipment, vessels, docking, and land storage facilities and access which provide: dredging and beach replenishment; demolition, repair and new construction of docks, piers, bulkheads, and other in -and -over -water structures; mooring maintenance and repair; waterborne debris and pollution control, collection, and removal. This category also includes environmental, survey, or scientific vessels and related equipment based, or on assignment, in Newport Harbor. All vessels under this definition may also be referred to as "work boats." 64. Harbormaster. The term "Harbormaster" shall mean the Harbormaster of the City of Newport Beach, or his or her designee. Gemmander of the-GraRgeGOUIRty SheFiff'S_ Harbor Patrol/Marine Operations Bureau, or his or her designee, or SUGGesser entity. 67. Harbor Regulations. The term "harbor regulations" refers to Title 17 of the Newport Beach Municipal Code. 86. Harbor Resources Manager. The term "Harbor Resources Manager" shall mean the Harbor Resources Manager of the City of Newport Beach, or his or her designee. 97. Harbor Structures. The term "harbor structures" refers to any pier, float, piling, bulkhead, seawall, reef, breakwater or any other structure in, upon or over the waters of 1 5-67 Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and flows within the City of Newport Beach or adjoining waters. 108. Habitat. The term "habitat" shall mean the locality, including the physical and biological environment, in which a plant or animal lives. 119. Headwalk. The term "headwalk" shall mean that portion of a dock that serves as a primary pedestrian access to mainwalks, fingers, and slips. Fingers may be attached directly to headwalks. Headwalks are generally parallel to the bulkhead. The term "marginal walk" is synonymous with "headwalk." 4-0. Houseboat. The term "houseboat" shall mean any vessel or structure on or in any waterway, floating or nonfloating, which is designed or fitted out as a place of habitation and is not principally used for transportation. I►�l 3►i[�Y�1f•7itii��FX�If�� The responsibility for the administration of the provisions of this title is delegated to the City Manager, or officers or employees of a department or departments of the City designated by him or her.;; reyidev, however, that seme or all of the rl- s ReGessary te be performed On the administration rnay be performed by the Harbermaster or his Gr and the GE)URty of Orange. NBMC Section 17.05.055 Duties of the Harbor Director It shall be the duty of the Harbor Director to: A. Carry out the orders of the City Manager, and to assist the City Manager to enforce all harbor regulations, ordinances and tidelands trust requirements. B. Coordinate with appropriate department directors, the Harbor Commission, and City staff to administer Newport Harbor and the provisions of Title 17, or any successor title. C. Supervise and assist the City staff assigned to the Harbor Department to carry out the purposes of this Title 17, or any successor title. NBMC Subsection 17.05.120(D) D. Administration. The Harbor Resources Manager and the Harbormaster shall administer the provisions of this title, except for the collection of fees, which shall be the responsibility of the Finance Director. NBMC Subsection 17.10.085(B) I .: B. Right of Entry. The Harbor Resources Manager, Harbormaster and each Rd all „f his ^r her assmstaRts and any Police Officer or City employee whose job includes the enforcement of this chapter, shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business or vessel subject to the requirements of this chapter. NBMC Subsections 17.20.040(C) and (D) C. Tampering with Vessel. No person shall wilfully injure or tamper with, or break or remove any part of or from, any vessel in the City, or tamper with the lines securing any such vessel, without the consent of the owner or other person having charge thereof, except for those authorized by the 'arbormast, Harbor Rosi Imes Maga^or D. Tampering with Moorings. No person shall tamper with any mooring or anchorage in the City whether or not the same is occupied by a vessel, except for those authorized by the i Jarbormaster='arbor ReSOUrEes Manage for the maintenance of harbor operations. NBMC Section 17.20.050 All stray, unattended or abandoned vessels, timber or any other personal property found in the water or on the shore of Newport Harbor or the Pacific Ocean, not in the lawful possession or control of some person, shall be immediately reported to Harbor Resources or the HarbormasterHarh^r Ra +r^'. Any such property shall be dealt with as provided in the appropriate provisions of Chapter 1.20 of the Newport Beach Municipal Code, or Section 510, et seq., of the California Harbors and Navigation Code, as the same now read or may hereafter be amended. Proceeds of any sale of such property shall be deposited in the general fund of the City. ^r ;f provided by ,.^„tract with th^ County, ty, shall be Haid to the CountyTreasurer ferthe—Counter For purposes of this section, any vessel on the Pacific Ocean shall be deemed to be stray, unattended and abandoned if the vessel is unoccupied by a person during: any nighttime hours (dusk to dawn); any time period when a Small Craft Advisory or greater has been issued by the National Oceanic and Atmospheric Administration; or daylight hours for more than three (3) hours. NBMC Subsection 17.25.010(A)(2) 2. No person shall make fast any vessel to any other vessel already occupying any pier, either public or private without first obtaining a special event permit as required in Chapter 11.03 of this Code, or any successor chapter. At the Rhine Wharf, the HarbormasterHarh,,�, ResoFEesMager shall have the authority to authorize this activity, via a Rhine Wharf permit, under either of the following conditions: (a) a commercial fishing vessel is loading or unloading, and no other mooring or berthing space is available in the harbor for this purpose; or (b) a vessel is taking refuge from inclement weather and no other mooring or berthing space is available in the harbor for this purpose. In no event shall more than one vessel be made fast to the dockside 3 5-69 vessel and no other vessel shall be made fast to the outboard vessel. Both vessels shall have operators aboard at all times. introductory Paragraph to NBMC Subsection 17.25.010(C)(1) 1. 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 to avoid extended occupancy, congestion or blocking thereof, the HarbormasterHarber Qeseurees Manager is authorized and directed to post the following dock markings or signs limiting the time during which a vessel may be tied up or secured, or supplies or gear may be placed at or on any such pier or facility. The dock markings shall have the meanings as herein set forth: NBMC Subsection 17.25.010(C)(2) 2. The Rhine Wharf, adjacent to the Rhine Wharf public pier, shall not be used by vessels for any purpose except with a valid Rhine Wharf permit issued by the HarbormasterHarber ReGG FGeG Manage and subject to the following conditions: a. Vessels may be tied or secured to the Rhine Wharf for four hours maximum. b. The HarbormasterHarber Rene irGes MaRago, shall have the authority to limit the size of vessels using the Rhine Wharf. C. Vessels using the Rhine Wharf shall be in the actual process of loading, unloading or engaged in temporary repairs. d. The HarbormasterHarber Rese ,rGes Manage may authorize an extension of the four-hour period where special circumstances dictate such an extension. NBMC Section 17.25.020 A. Location. No person having charge of any vessel shall berth or anchor the same in Newport Harbor except within the designated areas. Any vessel which is berthed, moored or anchored at a place not designated for such vessel shall be moved as directed by the HarbormasterHarber PeseurEes Manage . In the designation of mooring areas and anchorage areas, consideration shall be given to the needs of commerce, the utilization of turning basins, the use of channels for navigation, and the economy of space. No vessels shall be moored or anchored in any part of any turning basin or channel unless secured both fore and aft except as provided in subsection (1) of this section. Every vessel moored or anchored in any part of the harbor outside of any turning basin or channel shall be so moored or anchored as to prevent such vessel from swinging or drifting into any turning basin or channel. 0 5-70 1. It is unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any vessel to: (a) berth or anchor the same in Newport Harbor except within the designated areas; or (b) anchor a vessel at any location on the open waters of the Pacific Ocean within five hundred (500) yards of a designated protected swimming area for a cumulative period of time that exceeds seventy-two (72) hours within any thirty (30) calendar day period. The HarbormasterHarh„r Reset Imes Manager or his or her deci` Ree may authorize an extension to the seventy-two (72) hour time limit if the HarbormasterHarher Reser mes Manage determines that given the particular circumstances an extension of time is reasonable and warranted. 2. Any vessel which is berthed, moored or anchored at a place in Newport Harbor not designated for such vessel shall be moved as directed by the I- larbormasterHarher Reset trues Manager. In the designation of mooring areas and anchorage areas in Newport Harbor, consideration shall be given to the needs of commerce, the utilization of turning basins, the use of channels for navigation, and the economy of space. B. Application of Chapter. The terms of this chapter, as they relate to moorings and buoys, shall apply to "on -shore moorings” which are moorings located landward of the pierhead line and to "offshore moorings" which are located bayward of the pierhead line, with equal force and effect. C. Berthing. 1. Boats berthed at private or public piers shall not extend beyond the projection of the property lines of the property to which the pier is connected in accordance with Section 17.35.020, or any successor section. 2. Any boat berthed at a pier or slip shall not extend bayward a distance of more than the maximum width of its beam beyond the end of the pier, or slip. Between Bulkhead Station 256, beginning at Collins Avenue to Bulkhead Station 255, boats moored at a pier or slip shall not extend more than fifteen (15) feet bayward from the end of the pier or slip or more than the width of the beam of the boat, whichever is less. D. Permit Required. No person shall place, erect, construct or maintain a pier mooring or buoy in the waters of Newport Harbor over City -owned or controlled tidelands without first having obtained a permit pursuant to this title. E. Unauthorized Use of Mooring. No person shall use a mooring unless he holds a current and valid permit except with the permission of the Harbormasterer Reser trues Manager for temporary use, as herein provided. F. Chains and Fastenings. 1. No person shall erect, construct or maintain any mooring in Newport Harbor unless all chains and fastenings are of sufficient size to stand a breaking strain of at least six times the weight of the mooring. 5 5-71 2. All mooring lines on buoys shall be so arranged that, when dropped, they will immediately sink. With a double mooring, however, it shall be permissible to connect two mooring lines with a spreader line having floats attached thereto to keep such line afloat when the mooring is unoccupied. G. Buoy Markings. Mooring buoys shall be painted with the number allocated thereto by the HarbormasterHar"^r Rese FGes Manage to the mooring, the numeral(s) of which shall be at least three inches in height. H. Maintenance. All moorings shall be kept in good and serviceable condition in the location assigned by the Harbor Resources Manager and/or Harbormaster. Mooring, Anchoring and Vessel Condition Requirements. 1. Mooring Anchoring. All vessels anchored on the open waters of the Pacific Ocean shall be anchored in such a manner so that the vessel does not come in contact with another vessel or structure. All vessels using moorings in Newport Harbor shall be firmly anchored to a mooring from bow and stern in such a manner as to prevent the vessels from swinging, turning or drifting, except in areas designated by the Harbor Resources Manager and/or Harbormaster as single mooring areas. Vessels in single mooring areas shall be tied from the bow. All vessels anchored in Newport Harbor in the designated anchorage area shall be anchored in such a manner so that the vessel does not come in contact with another vessel or structure and does not extend beyond the demarcation line of the designated anchorage area. 2. Vessel Condition—Seaworthiness and Operability. Vessels assigned to a mooring by permit must be maintained in an operable and seaworthy condition. If, based upon the appearance of the vessel, inspection by the City Har"^r oor other facts, the HarbormasterHaFbeF Rese irn^c Manage has cause to believe a vessel is not seaworthy and operable, the H arbo rm asterH arbor Reso irn^c Manage shall give written notice in accordance with the service requirements of Section 1.05.030 of this Code, or any successor section, to the permittee requesting a demonstration that the vessel is seaworthy and operable. The permittee shall, upon written notice specifying the date and time, demonstrate to the HarbormasterHarber ResE) irn^o MaRag^r that the vessel assigned to the mooring is seaworthy or operable. In the event that the HarbormasterHarber Rese urGes Manage determines that vessel is not seaworthy or operable, the permittee shall: (a) commence repairs within thirty (30) days upon service of the written notice of such determination and complete repairs within ninety (90) days of the commencement unless the Harbormasteror Roc^ irGes Manager, upon written request from the permittee specifying the reasons therefor, approves an extension of time to complete the repairs; or (b) remove the vessel within thirty (30) days of service of the written notice of such determination and request assignment of a different vessel that is seaworthy and operable to the mooring within sixty (60) days after the removal of the vessel. This section is not intended to apply to any brief period of repair common to most vessels. The Harbormasteror Roc^ Imes Manager may repeat his or her request to test operability and seaworthiness as needed. n 5-72 3. It is unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any vessel in the City, to maintain, permit, cause or allow to exist on such vessel any of the following conditions: a. Promotion of a fire hazard, including, but not limited to, improper open fuel storage, deficiencies in the vessel's fuel storage tanks, inoperable electrical systems, storage of combustible or other flammable material that constitutes a fire hazard to any vessel; b. Retention of water that becomes stagnant, unsanitary, or polluted GF deer Ret eeMpIY with the previSiees of Sect+eRs 15.04.180 aRa,,d 15.05.140; C. Accumulation or storage of rubbish, trash, debris, rubble, containers, and boxes that is visible aboard the vessel or stored inside the vessel in such a way to make the vessel inoperable for its intended use; d. Storage or securing a vessel in such a way that it impedes pedestrian travel on City beaches and tidelands; e. Contribution to hazards to public safety and health, such as, but not limited to: propagation of vermin, rats, insects, unsanitary conditions from the accumulation of fecal materials; f. Maintenance in such nonseaworthy condition that it is unsafe, unsightly or poorly maintained, including, but not limited to: broken windows, unsecured doors and hatches, excessive marine growth attached to the vessel, the vessel is inoperable for its intended use, partially destroyed or partially repaired for more than three continuous months, provides access to marine mammals, is actively seeping hazardous or toxic material into the surrounding waters, and would present a physical danger to public safety personnel during emergency access; g. Operation of its mechanical or electrical systems creates excess noise, odors, vibrations, fumes, discharges or emissions that constitute an impact on public health or safety; h. Violation of the terms and conditions of other use or rental permits as granted by the City of Newport Beach; i. Allowance of repetitive, boisterous or unruly conduct by the vessel operator or occupants when that conduct: (i) is offensive to a person of ordinary sensibility, (ii) continues after a written or oral request to terminate the conduct, (iii) is offensive to a considerable number of people; j. Anchorage in an area controlled by the City without adequate anchor(s) rope and chain appropriate for the wind and sea conditions encountered in Newport Bay; k. Inability of a vessel on a shore mooring to be self-righting on an incoming tide without flooding the vessel; 7 5-73 I. Attachment to a mooring in such a way that the vessel regularly drifts and impedes safe navigation in the bay; m. Installation of a marine sanitation device that is not connected directly to an internal holding tank at all times while in Newport Bay. In the event that the City of Newport Beach determines that a vessel is a public nuisance, the City of Newport Beach may commence public nuisance abatement per Chapter 10.50 of the Municipal Code, or any successor chapter. 4. If, based upon the appearance of the vessel, inspection by the City or HarbormasterQFaRge COURty Harbor Patrel or other facts, the Harbormasterer Rese FGeS Manager determines that a sea lion has boarded a moored vessel, the HarbormasterHarber Rene Imes MaRagor shall issue and serve a notice of violation in accordance with Section 1.05.030 of the Code, or any successor section, 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 seven Lacalendar days of the notice of violation. If the HarbormasterHarber Rese ,rGes Manage determines that appropriate deterrent measures have not been taken within seven Lacalendar days of the notice of violation, the HarbormasterHarber Rene FGes M ger may issue an administrative citation and the permittee shall: (a) take any and all necessary action to employ and maintain appropriate sea lion deterrent measures; or (b) remove the vessel. 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. 5. With the exception of the sea lion deterrence requirements, the requirements of this section are not applicable to vessels used in marine construction or marine contracting services. J. Specifications. Specifications for the size of chains required on moorings and weights of moorings shall be adopted by resolution of the City Council. K. Inspection of Moorings. Each mooring shall be lifted by the owner for inspection by the Harbor Rese ,rGes Mananor Harbormaster at least once every two years and shall be repaired so as to be in good condition before being replaced, provided that the Harbor Rese ,rGes Manager Harbormaster may require any mooring to be lifted at any time when deemed necessary to assure it is in good condition. If the permittee has such lifting performed by a marine contractor, then the Harbor Rene Imes Ma Harbormaster may authorize such contractor to inspect the mooring on+a behalf of the HarbormasterHarber Rese ,rGes Manager and certify the results to the HarbormasterHaFbeF Rese , W in writing. The permittee shall pay the costs of any inspection performed by a contractor on behalf of the Harbormaster. L. Rental Not Permitted. Except as authorized in Section 17.60.040(B)(1)(a), or any successor section, no mooring may be leased or rented by the permittee to another 5-74 person except with the written permission of the HarbormasterHarber Purees Manager. M. Administration. The Harbormaster Pursuant to an agreement between the Department, Harbor Patrol/Marine, Operations Bureau-shall administer all provisions in this section dealing with moorings and buoys, except the revocation of permits by the Harbor Commission and collection of all fees hereafter. NBMC Section 17.25.030 A. Vessel or Trailer Storage on Beaches Prohibited—Exceptions. No person shall store any vessel, watercraft, trailer or other similar object on any public beach in the City except as provided in subsection (A)(1) of this section. As used in this section, the term "store" shall mean to leave or permit to remain unattended for a period of two (2) hours or morean extended peried of tomo and not in the possession or control of the owner or user. 1. Vessels, watercraft and equipment directly related to the use of the vessel or watercraft (related equipment) may be stored on a public beach as follows: a. Any vessel(s), watercraft and/or related equipment owned and maintained by the City or its contractors which is (are) used in conjunction with recreation programs offered by the City; b. Any vessel(s), watercraft and/or related equipment that cannot feasibly be berthed or moored at a privately owned pier or mooring and is (are) used by a nonprofit corporation for noncommercial purposes provided a vessel storage permit has been approved by the HarbormasterHarh„r Rese irGes Manage . A vessel storage permit shall be approved only if there is substantial evidence that the permit would not adversely affect the health, safety or welfare of those who use, enjoy or own property near the waters of Newport Bay. Vessel storage permits are subject to the following standard conditions as well as any additional conditions imposed by the Harbormasteruarbor Resources Maga er: i. The permit shall not cause or permit any unreasonable noise that would adversely affect the use or enjoyment of public or private property in the vicinity of the vessel, watercraft or equipment; ii. The permit shall not engage in, or permit, any activity that unreasonably interferes with the use of the beach or adjoining waters by the public; iii. The permit shall not cause or permit any activity that pollutes any public or private property of the waters of Newport Bay; iv. The permit may be revoked by the HarbormasterHarhn�, Peseurces a n rye, without cause, at any time, upon thirty (30) days' written notice to the permittee. er 5-75 c. Any vessel for which a mooring permit has been issued by the City pursuant to Section 17.60.040, or any successor section, provided the vessel remains on the beach only to the extent necessary to load or unload. NBMC Section 17.40.030 No person shall live -aboard any vessel assigned to an offshore mooring without first having obtained a live -aboard permit from the Harbormaster Harbor ReeurEes Manage . No live -aboard permit shall be issued except to a person holding a valid mooring permit issued pursuant to Chapter 17.60 of the Newport Beach Municipal Code, or any successor chapter. No permit shall be issued to any live -aboard which is not intended to serve as the principal residence of the permittee. For purposes of this section, principal residence shall mean to live -aboard for not less than eight months in any calendar year. Introductory Sentence to NBMC Section 17.40.040 An application for a live -aboard permit shall be filed with the Harbormaster larber Reser Imes Manager upon forms provided by the City and shall contain the following information: Introductory Sentence to NBMC Section 17.40.050 Upon receipt of an application for a live -aboard permit, the Harbormasterer Reso ,rGes Manager shall investigate the information contained in the application. The HarbormasterHarber Rene Imes Manager shall deny the application if: NBMC Section 17.40.070 A. The HarbormasterHarber ReseuFGes Manage may impose such conditions on the permit as are reasonably necessary to insure that the activities of the permittee comply with the provisions of this chapter. B. The HarbormasterHarber Rese ,rGes Manage shall have the power to promulgate rules and regulations to insure that the purposes of this chapter are satisfied. Each permittee shall comply with these rules and regulations. Compliance shall be considered a condition to each live -aboard permit. NBMC Section 17.40.100 Each permittee shall maintain a log for the use of pumpout facilities. The log shall contain the date, time, and location waste was discharged. The discharge log shall be available for inspection by the HarbormasterHarber ReSE)LIFGeS MaRager at all reasonable hours and upon request. The log shall be submitted to the HarbormasterHarber ReGGUrnoc Maga a with the renewal application. NBMC Subsection 17.40.110(B) 10 5-76 B. The HarbormasterHarber Rene Imes MaRagor shall establish a waiting list of persons who wish to apply for a live -aboard permit. The waiting list shall consist solely of persons who hold valid mooring permits issued pursuant to the provisions of Chapter 17.60 of the Newport Beach Municipal Code, or any successor chapter. Any person who sells or transfers the vessel, or any ownership interest in the vessel, assigned to a mooring shall be removed from the waiting list. In the event the number of live -aboard permits falls below the limit specified in subsection (A) of this section, the HarbormasterHarber ReseuFGe . Manage shall notify the person or persons next in order on the waiting list of the vacancy or vacancies. The notice shall specify that applications will be accepted for thirty (30) days after the date of the notice, and that failure to apply within the thirty (30) day period will result in removal of that person or persons from the waiting list. Notice shall be deemed given when deposited in the United States mail, with the first class postage prepaid, and addressed as specified by the person or persons on the waiting list. City shall not be liable for a failure to notify any person or persons on the waiting list since placement on the list does not create any property right in any person or persons on the list nor any contractual obligation on the part of the City. An application for placement on the waiting list shall be accompanied by a fee established by resolution of the City Council, but in no event shall the fee exceed the cost of administering the waiting list. Introductory Sentence to NBMC Subsection 17.40.140(A) A. Any permit granted pursuant to this chapter and Chapter 17.60, or any successor may be suspended or revoked by the HarbormasterHar"eF ReSGUrEes Manage upon a determination that: NBMC Section 17.40.150 In the event the HarbormasterHarber Reso ,rGes Manage determines there may be grounds for suspension or revocation of a permit issued pursuant to this chapter, the darbormasterHarber RGSE) irnoo Maga e shall give written notice in accordance with Section 1.05.030 of the Code, or any successor section of intent to suspend or revoke the permit and the right of the permittee to request a hearing before the Harbormasteruarbor Rese ,rGes Manage within fifteen (15) �alendapverking days from the date on which notice is deemed served. The notice shall state the reason for the proposed suspension or revocation and shall be accompanied by any documents in the possession of the HarbormasterHarber ReSG FGeS Manage that pertain to the grounds for the proposed action. If the permittee does not request a hearing within fifteen (15) -aIenda[WGFkiRg days of the date the notice is deemed served, the decision of the Harbormast( Harbe Resources Maga er shall be final and permittee shall not be entitled to an appeal. NBMC Section 17.50.100 11 5-77 If, based upon an inspection by the City or the Harbormaster Patrol or other facts, the HarbormasterHarber ReseuFGeG Manage determines that a sea lion has boarded a permitted structure and/or any vessel or other appurtenances attached to the structure, the HarbormasterHarber Res -G FGeS MaRanor shall issue a notice of violation 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 seven calendar days of the notice of violation. If the HarbormasterHarber Reuel FGeS Manage determines that appropriate deterrent measures have not been taken within seven calendar days of the notice of violation, the HarbormasterHarber Remi FGes Maga e may issue an administrative citation and the permittee shall take any and all necessary action to employ and maintain appropriate sea lion deterrent measures. 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. NBMC Section 17.60.040 A. Permit Required. No person shall place, erect, construct, maintain, use or tie to a mooring in the waters of Newport Harbor over City -owned or controlled tidelands without first having obtained a mooring permit from the HarbormasterHarber ReSeurGes Manager or having otherwise complied with this section. A mooring permit is in the nature of license for the temporary use of a specific location within the Newport Harbor. B. Issuance of Permit—Conditions. The HarbormasterHarber R869Urces Manage , in furtherance of the tideland grants to the City, may issue a mooring permit or mooring sub -permit to allow the mooring permittee or mooring sub -permittee to temporarily use a portion of the waters of Newport Harbor for the mooring of a vessel. Upon the effective date of this chapter, a mooring permittee may hold up to two mooring permits at any time. A mooring permittee that holds more than two mooring permits prior to the effective date of this chapter may continue to hold the mooring permits until the permits are sold, revoked, or otherwise transferred under this chapter. 1. Exceptions. a. The Balboa Yacht Club and the Newport Harbor Yacht Club (collectively, "yacht clubs") currently hold permits for single point moorings placed within certain mooring area boundaries established by the City, except as noted in subsection (13)(3)(f) of this section. In addition, the Lido Isle Community Association ("LICA") has permits for onshore moorings on Lido Isle. These organizations shall hold their respective permits under the yacht club, or respective organization name, for the moorings identified by the Cityuorber ResourGes as under their respective control at the time of enactment of the ordinance codified in this section. The yacht clubs and LICA shall be solely responsible for managing moorings under their control and shall be permitted to assign moorings under their control to yacht club members and members of LICA, respectively. The yacht clubs and LICA shall keep accurate records of the name and address of the club members and community association members to which each mooring has been 12 5-78 assigned. The yacht clubs and LICA may not sell or otherwise transfer the moorings under their control to a third -party. Mooring records shall be provided annually to the made available for audit by +ho HarbormasterHarbor Rese irGes Manage on or before February 1 St d iri— regular business hog yrs upon Fora ion+ b. Mooring of a Tender. A single vessel no longer than fourteen (14) feet in overall length to serve as access to and from the assigned vessel may be secured to the assigned vessel or may be secured to the offshore mooring in the absence of the assigned vessel. Notwithstanding the single vessel restriction, permitted live-aboards may secure up to two vessels no longer than fourteen (14) feet in overall length to the assigned vessel, to serve as access to and from the assigned live -aboard vessel. C. Multiple Vessel Mooring System Program. The Harbormaster#arxe-r Rese irnoc Manager may approve a multiple vessel mooring system in the mooring areas of Newport Harbor Yacht Club and the Balboa Yacht Club. An application for a multiple vessel mooring system shall be submitted in writing to the Harbormasterer Rese Imes Manager Who shall evaluate the application based upon standards he or she shall have established. 2. Permit Requirements. Each mooring permit may be issued for up to two natural persons ("mooring permittee(s)") who shall be individually and collectively responsible for all activities related to the mooring permit. To the satisfaction of the HarbormasterHarh„r ReSe,,r„os Maga ver the mooring permittee(s) shall: a. Identify on the permit the full legal name(s), current address(es), current telephone number(s) and current e-mail address(es), if one exists, of the mooring permittee(s); b. Agree to be responsible for permit rent, fees, maintenance and repair of mooring equipment; C. The permit for joint ownership moorings shall provide that all parties shall have equal rights under the permit and shall be held jointly responsible for compliance with all rules, regulations, and conditions set forth in the mooring permit; d. Grant permission to the City to temporarily assign the mooring to another vessel when it is unoccupied through the issuance of a mooring sub -permit; e. Agree to defend and indemnify the City and any other government entity with jurisdiction against any claims or losses arising out of, or related to the use of, the mooring permit except where the claim or loss arises from the sub-permittee's damage of the mooring, or out of the negligence and/or misconduct of a person assigned the mooring as a mooring sub -permittee under subsections (G) and/or (H) of this section; f. Provide proof of insurance on a vessel as may be determined by the City's Risk Manager; 13 5-79 g. Provide registration or other proof of controlling possessory right in the assigned vessel, all to the satisfaction of the HarbormasterHarber Rese FGes manager; h. Agree to pay fair market value rent, as established by resolution of the City Council, on a rent schedule established by the HarbormasterHarh R86GUree6 Manage , which shall be similar to the schedule used to collect rent from other tidelands users in Newport Harbor; i. Agree that the mooring permit does not provide any ownership interest in the underlying tidelands, which are held in trust by the City and owned by the people of the State of California; and j. Authorize the City, or its designee, to move the vessel on the mooring to another location when deemed necessary by the Harbor Resources Manager and/or Harbormaster. 3. Permittee/Transferee Qualifications. A mooring permit may be held by, or transferred to, only the following persons: a. A natural person(s) holding title to an assigned vessel; b. An executor or administrator carrying out the terms of a will or administering a probated estate that holds a mooring permit, but only for the period of time prior to distribution of the estate; c. An inter vivos trust, family trust, or other similar type of trust estate holding a mooring permit, so long as all trustors are natural persons and the primary mooring permittee shall be the trustee of the trust; d. An approved transferee whose vessel and/or mooring permit are subject to any of the terms and conditions stated in subsection (E) of this section; e. A marine contractor or marine support service provider, holding a mooring permit used to provide current or ongoing harbor infrastructure and marine or fishing services (such as maintenance and dredging); f. Balboa Island Yacht Club for the purposes of youth education in boating and marine activities; Kerckhoff Marine Laboratories for the purpose of marine and oceanographic research; and American Legion Post 291 for the purpose of serving veterans and their families and supplying them with affordable access to boating and harbor activities; or similar marine educational entities; g. The Balboa Yacht Club, Newport Harbor Yacht Club (collectively "yacht clubs") and the Lido Isle Community Association—only for those moorings assigned by the City within certain established mooring areas or locations, prior to the enactment of the amended ordinance codified in this section. These designated mooring areas may not be expanded. The boundaries of these mooring areas are graphically depicted by National Oceanographic and Atmospheric Administration ("NOAK) Chart Number 14 5-80 18754. Yacht clubs shall be entitled to a maximum number of moorings as can be accommodated in the mooring fields designated in NOAA Chart Number 18754 and at a minimum the current number of moorings assigned to them as of the effective date of the ordinance codified in this section. C. Plans and Specifications Required. No mooring permit shall be issued for placing, erecting, constructing or maintaining a mooring or buoy unless such mooring or buoy is constructed: 1. In accordance with standard plans and specifications approved by the HarbormasterHaFber Resources Manage and at a location approved by the HarbormasterHarber ReSO ,FGes MaRagor, or 2. In accordance with other plans and specifications for such mooring or buoy which have been submitted by the applicant, showing the construction of such proposed mooring or buoy together with the location thereof, and which meet the requirements established in this chapter and which have been approved by the Harbormasterer Rene irGes Maga er D. Late Fees. A ten (10) percent late charge shall be added to all payments due but not received by City by the due date. E. Transfer of Permit. No mooring permittee shall transfer a permit for a mooring or buoy granted under the provisions of this chapter, except: 1. When transferred from a natural person to another member of his or her immediate family, which shall be defined for the purposes of this section as the mooring permittee's spouse and heirs at law to the second degree of consanguinity; or 2. Except when transferred to immediate family, a mooring permit may only be transferred under this subsection up to one time in any twelve (12) month period. F. Procedures for Transfers. Permits shall not be transferred without the prior written approval of the HarbormasterHaFbGF Rese rGes""ager. The HarbormasterHarber ReseUrGes Manager mayshaN approve the transfer of a mooring permit under the procedures set out below: 1. The mooring permittee(s) (or, if the permittee is deceased or incapacitated, the transferee) shall submit to the HarbormasterHarber Reset F%G MaRagor: a. A completed mooring transfer form (on the form provided by the HarbormasterHarber ReSG FGeS Manager); and b. Documentation that the proposed new mooring permittee (transferee) qualifies as a mooring permittee under subsection (13)(3) of this section. 15 5-81 2. If transferee intends to purchase an assigned vessel but does not have title on the assigned vessel owned by the mooring permittee and transferor at the time of transfer, then: a. Within sixty (60) days of a transfer, transferee shall submit to -larbormasterHarber Rese Imes Manage a copy of a California Department of Motor Vehicles registration or other current registration (or, in lieu thereof, U.S. Coast Guard documentation of ownership) documenting transferee's ownership of the assigned vessel or, in the case of an onshore mooring, a photograph of the assigned vessel if it is not subject to vessel registration laws; or b. If such documentation is not received by the HarbormasterHarber ResOUFGeS Manage within the sixty (60) day period, then the vessel or the mooring may be impounded, the mooring may be deemed vacant and may be assigned pursuant to subsections (G) and (H) of this section. 3. If transferee intends to moor a vessel other than the assigned vessel and does not have title to the vessel that will be moored at the time of transfer, then: a. Within sixty (60) days of an approved transfer, the transferee shall notify HarbormasterHarber Rese irGes Manage that the assigned vessel has been removed from the mooring and before a new vessel may be placed on the mooring shall submit to the HarbormasterHarber Room PGeS MaRago, a copy of a California Department of Motor Vehicles registration or other current registration (or, in lieu thereof, U.S. Coast Guard documentation of ownership) documenting transferee's ownership of the new assigned vessel, or in the case of a shore mooring, a photograph of the new assigned vessel if it is not subject to vessel registration laws; or b. If the documentation is not received within sixty (60) days of a transfer, the mooring may be deemed vacant by the HarbormasterHarber Rese Imes Manage and the mooring may be assigned pursuant to subsections (G) and (H) of this section. The mooring may remain vacant until such time the permittee notifies the HarbormasterHarh„r ResGUFGeS Manage of their intent to assign their vessel to the mooring. 4. The transfer request shall be denied unless mooring permit rent, including late payment fees, is paid current; required mooring inspections are current; required maintenance and repairs are complete and there are no derelict or unauthorized vessel(s) on the mooring. 5. The mooring permittee and transferee shall provide a written agreement to defend and indemnify the City of Newport Beach in any dispute with a third party over transferee's right to be the mooring permittee or in any dispute with a third party over the mooring permittee's right to transfer the permit. 6. Transfer Approval. Upon confirmation of compliance with this subsection, the HarbormasterHarber Rese Imes Manage must find all of the following conditions to approve the transfer of a mooring permit: 16 5-82 a. The mooring permittee no longer owns the assigned vessel or has retained ownership of the assigned vessel and has permanently vacated the mooring; b. The transferee has met all the qualifications and conditions for issuance of a permit in subsection (B) of this section; C. The transferor or transferee has reported to the Harbormasterer Rese Imes Manager the price paid for the mooring permit, and has paid to the City the required transfer rental charge; and d. The transferor represents that he/she/it did not discriminate against any transferee or prospective transferee because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 7. The HarbormasterHarbor ReseuFGes Manage may approve a one-for-one exchange of moorings between two mooring permittees, subject to compliance with this subsection without any transfer rental advance charge imposed by the City. 8. The HarbormasterHarber Remi FGeG Manage may approve the changing of an assigned vessel on the permit, subject to the requirements of subsection (B) of this section, without any transfer rental advance charge imposed by the City. 9. Following an approved transfer, the HarbormasterHarber ReseuFGeS Manage shall list the transfer price of the mooring permit on a publicly available website hosted by the City, or on a third -party's website under contract with the City to host information regarding mooring permit transfers. G. City's Authority to Assign Moorings through Use of Sub -Permits. With the exception of the Balboa Yacht Club, the Newport Harbor Yacht Club, and the Lido Isle Community Association's designated moorings, mooring permittee may not rent, assign, or transfer the use of the mooring to any other person. With the exception of moorings issued to mooring permittees described in subsection (B)(3)(e) of this section, City shall have the authority to assign vacant moorings to sub -permittees pursuant to the following provisions: 1. Deemed Vacant Moorings. City may assign deemed vacant moorings through the issuance of sub -permits at its own discretion. Sub -permits may be renewed upon availability. The mooring permittee may reclaim its mooring upon three days' prior written notice to City of its intent to return the assigned vessel to the mooring. A "deemed vacant mooring" shall be defined as a mooring upon which: a. An assigned vessel has not been attached for thirty (30) consecutive days or more; or b. A vessel, other than an assigned vessel, has been attached for thirty (30) days or more; or 17 5-83 c. Required documentation for an assigned vessel has not been provided for a transfer request pursuant to subsection (E) of this section. 2. Noticed Vacant Moorings. City may assign noticed vacant moorings at its own discretion through the issuance of a mooring sub -permit for any period of time, up to the reoccupation date on mooring permittee's written notice, or the twenty-four (24) hour written notice per subsection (G)(2)(b) of this section. If the mooring continues to be vacant for thirty (30) days past the reoccupation date indicated on mooring permittee's notice, and there is no further written notice from mooring permittee, the mooring shall become a deemed vacant mooring. a. Mooring permittee may provide written notice to City of its intent to vacate its mooring for fifteen (15) days or more. These moorings shall be "noticed vacant moorings." Written notice shall include the date the mooring permittee intends to vacate his/her mooring, and the date he/she intends to reoccupy the mooring with the assigned vessel. b. If mooring permittee provides written notice, the mooring permittee may reclaim the assigned mooring on the reoccupation date indicated in his/her written notice or, if the mooring permittee returns prior to or after the reoccupation date, upon twenty-four (24) hours' written notice to the City. H. Procedures for Mooring Sub -Permit Issuance. Any natural person wishing to use a mooring pursuant to the issuance of a sub -permit must enter into a written mooring sub -permit agreement with the Cit ra irGes DepartmeR+ that includes the following - 1 . ollowing:1. A written representation of the current vessel length which shall be satisfactory to the HarbormasterHarber Rene gree Manager. 2. An agreement to be responsible for any damage to mooring equipment; to defend and indemnify the City of Newport Beach and the mooring permittee against any claims or losses arising out of, or related to, the mooring rental; to require the mooring sub -permittee provide proof of insurance as may be determined by the City's Risk Manager; to require registration or other proof of ownership; to require an equipment damage deposit, all to the satisfaction of the HarbormasterHarbeF ReseUPGes Maga e ; and authorize the City, or its designee, to move the vessel on the mooring to another location when deemed necessary by the Harbor Resources Manager and/or Harbormaster. 3. The repair of any damage to the mooring equipment shall be paid by the mooring sub -permittee. If the mooring is damaged by a vessel assigned by the City, or the City's agent, the City will arrange for the repair of the mooring with a qualified vendor and provide notice to the permittee of the occurrence and the arranged repair date. Should the sub -permittee fail to pay for the damage for any reason, the City will pay for the required repairs to the mooring, and then seek reimbursement from the sub- im 5-84 permittee. Also, the City will make available a mooring without charge for the returning vessel of the mooring permittee until such time as their permitted mooring is repaired. 4. Mooring sub -permittees shall provide approved mooring lines which shall be removed at the end of the rental period. 5. A mooring sub -permit agreement may be up to fifteen (15) days and may terminate at any time for any reason, and may be renewed based on availability. Upon return of the assigned vessel to the mooring, the HarbormasterHarber ReSeurGes will attempt to reassign the sub -permittee to another mooring. Mooring sub -permittees have no right of renewal or substitute moorings upon return of the assigned vessel, or upon termination of a mooring sub -permit agreement for any reason. Mooring sub -permittees accept an indefinite term at their own risk. 6. The mooring sub -permit rent will be based on a rate established by the Newport Beach City Council. 7. Live-aboards may be temporarily permitted as sub -permittees pending vessel inspection, for a period not to exceed fifteen (15) days in any twelve (12) month period. 8. Mooring sub -permits shall be offered to the public on a first-come, first- served basis. 9. Subject to the Harbormaster'sHarber Rene Imes Manager's approval, a mooring may be loaned free of charge by the mooring permittee to a vessel other than the assigned vessel for no more than thirty (30) consecutive days; provided, that: a. The mooring permittee provides the HarbormasterHarh Reseurees Manage with written notice identifying the vessel that will use the mooring; b. The mooring permittee has not loaned the mooring for more than sixty (60) days in the twelve (12) month period that immediately precedes the commencement of the current mooring loan; c. The vessel owner requesting a loan has not previously been the recipient of loans for more than ninety (90) days in the previous twelve (12) months; and d. The vessel owner authorizes the City, or its designee, to move the vessel on the mooring to another location when deemed necessary by the Harbormasterer Rese Imes Manager. I. Mooring Permit Transfer Nonrefundable Rental Charge. The City shall charge the mooring permittee for the right to transfer a mooring permit under subsection (E) of this section in an amount equal to seventy-five (75) percent of the annual mooring rent as established by City Council resolution. This transfer charge represents a one-time nonrefundable rental advance for the use of a mooring. A mooring permit transfer charge shall not be required if: 19 5-85 1. The transfer is from the mooring permittee to the same mooring permittee as trustor of an inter vivos trust, living trust or other similar estate planning tool; 2. The transfer is made under subsections (F)(7) and (8) of this section; or 3. The transfer is made pursuant to Subsection (E)(1) of this section. J. Surrendered Mooring Equipment. If the mooring permittee sells, transfers, or otherwise no longer owns the assigned vessel and does not intend to apply for, or does not receive, approval to transfer the permit to another, the permittee may provide written notice to the Harbormasteruarber ReeurEes of his or her intent to surrender the mooring permit; otherwise the provisions of subsection (G) of this section regarding a vacant mooring shall apply. Once a mooring permit is surrendered, the mooring permittee shall remove the assigned vessel and/or the mooring equipment thirty (30) days after written notice of surrender of the permit, or, upon failure to remove the mooring equipment, title shall vest in the City and the City shall compensate mooring permittee the fair value for the mooring equipment, less rent or fees owed, as provided in subsection (L) of this section. K. Revocation of Permit. 1. Grounds for Revocation. A mooring permit or sub -permit may be revoked upon any of the following grounds set forth in Section 17.70.020, or any successor section, or for any of the following: a. The moored vessel or the mooring equipment has been determined to violate the applicable mooring regulations in Section 17.25.020, or any successor section, and the mooring permittee or sub -permittee has not made the necessary corrections or repairs within the time required; b. The mooring permittee or sub -permittee has failed or refused to allow an inspection of the vessel to determine if it is seaworthy and operable, a public nuisance or in compliance with applicable marine sanitation device requirements; C. Living aboard a vessel assigned to a mooring without a live -aboard permit unless otherwise noted in subsection (G) of this section; d. When the mooring permittee or sub -permittee fails to pay any mooring rent or fee when due and is in arrears for a period of sixty (60) days or more; or e. When the mooring permittee has sublet their mooring in violation of this title. 2. Notice and Hearing. In the event the HarbormasterHaFber RGSGUFGGS Manager determines there are grounds to revoke a permit issued pursuant to this chapter, the Harbormasteruarber RGSOUreesMager shall proceed in the manner described by Section 17.70.020, or any successor section. 20 5-86 3. Upon revocation, it shall be the duty of the mooring permittee to immediately remove the mooring equipment and any moored vessel. If not removed within thirty (30) days of revocation of the permit, the mooring equipment shall vest in the City and may be auctioned by the City to another person or may be removed by the HarbormasterHarber Rene FGes Maga a and the cost of mooring equipment removal shall be paid by the mooring permittee. Any moored vessel or equipment not removed within thirty (30) days may be impounded by the City and disposed of in the manner provided by law. City incurred costs of removal of mooring equipment or any vessel moored thereto may be charged against the permittee and collected in any court of competent jurisdiction or recovered by the City from the proceeds of sale of the vessel or mooring equipment. 4. During any revocation proceeding under this subsection (K), if the mooring is unoccupied, it may be temporarily assigned as a mooring for guest vessels by the HarbormasterHarber Rese,,r„os MaRagor. L. Moorings Reverting Back to City. Should a mooring revert back to the City for any reason, whether through abandonment, surrender, failure to provide documents pursuant to subsection (F) of this section, or for any other reason, the following shall apply: 1. The mooring permittee shall be entitled to recover all of mooring permittee's mooring equipment within thirty (30) days of reversion. 2. If mooring permittee does not recover his or her mooring equipment, mooring permittee shall be entitled to payment from the City of the fair value of the mooring equipment as depreciated by use in an amount to be determined by the HarbormasterHarber Rene Imes Manage and as set in the City's master fee resolution, after any and all past due rent and fees, if applicable, have been satisfied. 3. The mooring may be publicly auctioned by the City, or the City's designated representative, or the mooring may be used for other City purposes. NBMC Subsections 17.60.080(B), (D), and (G) B. Initiation. Appeals shall be made in writing to the City ClerkHarber Rese Imes Manage and shall be accompanied by a fee established by resolution of the City Council. The appeal fee shall be refunded to the appellant if he or she is successful in their appeal under this section (e.g., decision being appealed is reversed). D. Hearing Date. Appeals shall be scheduled by the Harbor Resources Manager and/or Harbormaster, as applicable, for a hearing before an independent hearing officer within thirty (30) days of the filing of the appeal unless both appellant and City consent to a later date. G. Decision and Notice. After the hearing, the hearing officer shall affirm, modify or reverse the original decision. When a decision is modified or reversed, the hearing officer shall state the specific reasons for modification or reversal. Decisions on appeals 21 5-87 shall be rendered within thirty (30) calendar days of the close of the hearing. The Harbor Resources Manager and/or Harbormaster, as applicable, shall mail notice of the hearing officer's decision. Such notice shall be mailed within five working days after the date of the decision to the applicant and the appellant. The decision of the hearing officer shall be final. NBMC Subsection 17.65.010(A) A. Decisions of the Harbor Resources Manager and/or Harbormaster resulting from his or her the MaRagadministration of this Code may be appealed to the Harbor Commission by any interested person. NBMC Subsection 17.65.030(A) A. Filing of Appeals and Calls for Review. Appeals or calls for review of decisions of the Harbor Resources Manager and/or Harbormaster shall be made in writing to the City ClerkHarber ReseurGes Manage on forms provided by the Harbor Resources ManagerMaR ager and/or Harbormaster. Appeals or calls for review of decisions of the Harbor Commission shall be made in writing to the City Clerk on forms provided by the Clerk. The appeal shall state the facts and basis for the appeal. A call for review initiated by a member of the Harbor Commission or City Council, in their official capacity, shall be for the purpose of bringing the matter in front of the entire body for review. NBMC Subsection 17.65.040(F) F. Decision and Notice. After the hearing, the appellate (or reviewing) body shall affirm, modify or reverse the original decision. When a decision is modified or reversed, the appellate (or reviewing) body shall state the specific reasons for modification or reversal. Decisions on appeals shall be rendered within thirty (30) days of the close of the hearing. The Harbor Resources Manager and/or Harbormaster, as applicable. shall mail notice of a Harbor Commission decision and the City Clerk shall mail a notice of a City Council decision. Such notice shall be mailed within five working days after the date of the decision to the applicant and the appellant, if any. 22 ATTACHMENT G HARBOR DEPT TASK LIST Priority To Do Action 2017-18 Update Harbor Fee Schedule Complete fee schedule 2017-18 Oil Boom Containment System Review grant opportunites 2017-18 Admin Citation Process Provide Training to all staff 2018-19 Reconcile all boats from field Complete off -shore, begin on - checks (Check Rentals) shore 2018-19 Address Mooring Need approval. Extensions/Council Meeting 2018-19 Code Enforcement of SUP rules Reviewed at Harbor Commission 2018-19 Fee Schedule Update Study in progress. 2018-19 Loan Mooring Lines Develop system to track mooring line "Loan" and return at checkout. Number them with tags and zipline 2018-19 Drop Box/Pick up after hours Develop Drop Box system for early and late departures (Bathroom keys, paperwork etc.) at Dockmaster's office outside front door 2018-19 Obtain Slip Permittee Info from In progress Basin and enter into database 2018-19 Sea Lion Measures Send letter with NOAA regulations 2018-19 Marine Mammal Center/ Injured Improve coordination Sea Lions 2020-21 Create one Impound Lot in Move Moorings around to make Mooring Field space 2018-19 Harbomaster Work Boat Purchase boat 2018-19 Anchorage Areas Working with the County. (Markers/Maint, etc) 2018-19 SUP Publish documents Prepare final document. Approved in concept by City Council 2018-19 Live Aboard: Verify they have a Work in progress valid sticker posted on boat. 2018-19 Update Code to better define Work in progress liveaboards in Title 17 Revision 5-89 HARBOR DEPT TASK LIST Priority To Do Action 2018-19 Identify/Secure Future City Holding Areas and set up impound/holding area(s) dinghies/boards/floats stored and new BYB compound. Large impounded vessels to be kept on mooring. Need to identify holding area(s) for small craft. 2018-19 Party Boat Charters, Noise, Per Study/enforce ordinance - Harbor Head Tax Revenue Commission reviewing 2019-20 No rental boats past arches Signs or banners to made for by bridge bridge 2019-20 Camera Program Have the camera program added to the Front Desk Computer (had unauthorized use of Private Bathrooms used over weekend / 2 stolen dock carts) Lighthouse, Marina, 19th St, 15 St, Across from Central Ave, Balboa Island Bridge, CDM, Irvine Terrace 2019-20 Trash/Rubbish removal at Clean up down by the water - Marinas, community beaches Letter to HOA and on website to rake and clean waterline 2019-20 Public Docks- boat size, Time Review by Harbor limit revision Commission/Approve by City Council 2019-20 Sand in front of resturant needs Temporary measure are to be grass or some material that windscreens next to Marina. doesn't blow on boats and docks 2019-20 Lockers/Area to put coats 2019-20 MP Slip terms and conditions Change 2020-21 Radios 80OMH radio for private Convo 2020-21 Sand line Moorings engineer and adopt 2020-21 Bridge Signs (Speed, no wake, Need new signs not faded/repaint height markings, lights) exisiting - upkeep 2020-21 Newport Island area dead boats Clean up Shore Moorings 5-90 HARBOR DEPT TASK LIST Priority To Do Action 2020-21 Quarterly Update from In Log, Stu News HarborMaster/E-mail Blast 2020-21 Fire Boat for Harbor Potential catermeran Design --Get donations for seed money to do 2020-21 Police Boat Consider purchase 2020-21 Lifeguard Boat for Harbor Consider purchase 2020-21 Commercial Wharf Area Long term/Short term plan - Propose 4 docks 2020-21 Shore Mooring- new stakes, Overhauls paint number on bulkhead 2020-21 QR Code for Put QR code in with annual permittees/tenders/Sticker so we permit letter can identify at public doc 2020-21 Parking Consider 4 designated spots for Harbor Service Workers. Paint Spots 2020-21 Grand Canal Moorings Review program 5-91 Salaries & Benefits (@12 FTEs in FY 18-19) $477,168.00 $1,139,895.00 $1,162,692.90 $1,185,946.75 Contract Services (BYB, Sea Tow, more) 304,770.00 257,422.00 262,570.44 267,821.85 Utilities 50,000.00 50,000.00 51,000.00 52,020.00 Supplies & Materials 5,500.00 5,500.00 5,610.00 5,722.20 Maintenance & Repair 60,000.00 60,000.00 61,200.00 62,424.00 Travel & Training 1,500.00 1,500.00 1,530.00 1,560.60 General Expenses 30,000.00 30,000.00 30,600.00 31,212.00 Internal Services 0.00 57,863.00 59,020.26 60,200.67 Insurance Reserve 0.00 33,043.00 33,703.86 34,377.94 Furniture/Fixtures 7,500.00 5,000.00 5,100.00 5,202.00 Subtotal = $ 936,438.00 $ 1,640,223.00 $ 1,673,027.46 $ 1,706,488.01 Possible Additions - One -Time Costs Work Boat $0.00 $150,000.00 $0.00 $0.00 Modification Marina Park 0.00 500,000.00 0.00 0.00 Camera Program 0.00 0.00 100,000.00 0.00 Remove grass near Marina 0.00 0.00 15,000.00 0.00 Lockers for staff 0.00 0.00 3,000.00 0.00 800 MHZ Radios (3) 0.00 0.00 0.00 6,000.00 Fire Boat (no staff) 0.00 0.00 0.00 1,500,000.00 Police Boat (no staff) 0.00 0.00 0.00 150,000.00 Lifeguard Boat (no staff) 0.00 0.00 0.00 400,000.00 Anchorage Areas 0.00 0.00 0.00 10,000.00 Commercial Wharf Area 0.00 0.00 0.00 35,000.00 Subtotal = $0.00 $650,000.00 $118,000.00 $2,101,000.00 Total = $ 936,438.00 $ 2,290,223.00 $ 1,791,027.46 $3,807,488.01 5-92