HomeMy WebLinkAbout04 - Second Reading and Adoption of Ordinance No. 2018-18 - Amending Newport Beach Municipal Code Title 17, Pertaining to Vessel Speed LimitsPORT CITY OF
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City Council Staff Report
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December 11, 2018
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
gleung@newportbeachca.gov
PREPARED BY: Carol Jacobs, Assistant City Manager,
cjacobs@newportbeachca.gov
PHONE: 949-644-3313
TITLE: Second Reading and Adoption of Ordinance No. 2018-18 —
Amending Newport Beach Municipal Code Title 17, Pertaining to
Vessel Speed Limits
ABSTRACT:
On November 27, 2018, the City Council introduced and approved the first reading
amending Title 17 of the Municipal Code as it relates to speed limits in the harbor.
RECOMMENDATION:
a) Determine this 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
this action will not result in a physical change to the environment, directly or indirectly;
b) Adopt Ordinance 2018-18, An Ordinance of the City Council of the City of Newport
Beach, California, Amending Newport Beach Municipal Code Title 17, Pertaining to
Vessel Speed Limits.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
Amending the Newport Beach Municipal Code to allow exceptions to the speed limit for
certain events has been a goal of the Harbor Commission since 2008. At that time,
significant public input was received in support of such a change, and the Harbor
Commission has kept this as a goal for many years. The intent of the exceptions is to
allow human powered craft or wind powered vessels to travel at speeds above five
nautical miles per hour over City tidelands under certain conditions such as races and
practices via a City issued permit. In addition, support vessels during these events would
also be permitted to travel in excess of the speed limit. However, no vessels may operate
in an uncontrolled, un -seamanlike manner or at a speed that endangers the safety of
persons or property.
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Second Reading and Adoption of Ordinance No. 2018-18 — Amending Newport Beach
Municipal Code Title 17, Pertaining to Vessel Speed Limits
December 11, 2018
Page 2
The County of Orange and the Orange County Sheriff's Department were consulted
during this process, and agreed with this concept. However, the County would retain its
speed limit rules (five miles per hour) over County tidelands.
On May 8, 2018, the City's Harbor Commission recommended to the City Council to
amend the Municipal Code relating to speed limits in the harbor to allow exceptions for
human or wind powered vessels for events such as sailing regattas, races and practices
as well as exceptions for support vessels to those human or wind powered vessels during
those events. The City Council authorized staff to proceed with the necessary approvals
and return to the City Council for final consideration of the change to the Municipal Code.
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).
ATTACHMENT:
Attachment A — Ordinance No. 2018-18
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ATTACHMENT A
ORDINANCE NO. 2018-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING NEWPORT
BEACH MUNICIPAL CODE TITLE 17, PERTAINING TO
VESSEL SPEED LIMITS
WHEREAS, the City of Newport Beach ("City") is a premier destination that provides
for a diversity of recreational uses including a visitor friendly harbor, recreational boating,
fishing, water sports, and ecological enrichment;
WHEREAS, the City has a very active boating community that enjoys a long history
of nautical racing and competition that includes sailboat racing, human powered boat racing,
and the associated training and practice activities that generally accompany such events;
WHEREAS, the City's adopted vessel speed limits do not allow for nautical races
that exceed the posted speed limit of five (5) nautical miles per hour;
WHEREAS, the City desires to provide flexibility and consistency to vessel speed
limits to be reflective of current practices, while ensuring a balanced approach to other uses
in Newport Harbor;
WHEREAS, Ordinance No. 2018-18 was introduced at a regular meeting of the
City Council of the City of Newport Beach (the "City Council") held on October 9, 2018
and adopted by the City Council at a regular meeting held on October 23, 2018 by a vote
of 4-0 (with Mayor Marshall "Duffy" Duffield and Council Member Scott Peotter recusing
themselves and Mayor Pro Tem Will O'Neill being absent);
WHEREAS, at a regular meeting held on November 13, 2018, by motion duly
made by Council Member Brad Avery and seconded by Council Member Kevin Muldoon,
this City Council voted to reconsider Ordinance No. 2018-18, which motion was passed
by a vote of 5-0 (with Mayor Marshall "Duffy" Duffield and Council Member Scott Peotter
recusing themselves); and
WHEREAS, the City filed a copy of this ordinance with the California Department of
Boating and Waterways prior to its adoption and at least thirty (30) days prior to its effective
date, as required by California Harbor and Navigations Code Section 660(a).
NOW, THEREFORE, the City Council of the City of Newport Beach does hereby
ordain, as follows:
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Ordinance No. 2018-18
Page 2of5
Section 1: Subsection 17.01.030(R)(1) of Chapter 17.01 is hereby amended to read
as follows:
1. Vessel. The term "vessel" shall mean and include every description of
watercraft used or capable of being used as a means of transportation on
water. This includes all vessels of any size home -ported, launched/retrieved,
or visiting in Newport Harbor, arriving by water or land, and registered or
unregistered under State or Federal requirements, except a seaplane on the
water. "Vessel" shall also mean and include human powered vessels and
wind powered vessels.
a. Human Powered Vessel. The term "human powered vessel" shall mean a
vessel that is being propelled by the human body through the use of oars,
paddles, or the like and without the use of wind, a motor, or other
machinery.
b. Wind Powered Vessel. The term "wind powered vessel" shall mean a
vessel that is being propelled by the wind through the use of sails and
without the use of a motor or other machinery.
Section 2: Subsection 17.20.020(A) of Chapter 17.20 is hereby amended to read
as follows:
A. Speed Limit. No owner, operator or person in command of any vessel,
except a public officer or employee in the performance of his or her duty, shall
operate the same or permit the same to be operated in any portion of Newport
Harbor or the water in the present or prior channel of the Santa Ana River
within the City at a rate of speed in excess of five nautical miles per hour, or
at any speed which creates a wake that may cause damage to moorings of
vessels or floating structures, except as hereinafter provided.
Section 3: Section 17.20.070 is added to Chapter 17.20 to read as follows:
17.20.070 Vessel Races.
A. The Harbormaster may issue a permit to a person, as defined in Code
Chapter 17.01, or any successor chapter, that would allow individuals
operating a human powered vessel, wind powered vessel, or vessel providing
support services to a human or wind powered vessel as part of the person's
special event (e.g., race) or organized practice to exceed the speed limit
provided in Code Subsection 17.20.020(A), or any successor subsection.
Notwithstanding the foregoing, no person shall operate any vessel in an
Ordinance No. 2018-18
Page 3of5
unsafe, uncontrolled, or un -seamanlike manner, and in no event at a speed
that endangers the safety of persons or property.
B. The Harbormaster has discretion to determine if a permit shall be
associated,with a single event or multiple events; however, no permit shall be
valid for more than six (6) months from the date of issuance.
C. Permits issued under this section are non-transferrable and shall be in
addition to any license, permit or fee required under this Code or any other
provision of law.
D. The Harbormaster may impose conditions on a permit to protect
persons and property and to assure that the activity allowed under the permit
will not create a nuisance or interfere with the reasonable use of Newport
Harbor by other vessels or persons. At a minimum, every permit issued under
this section shall be conditioned to require permittees to: (1) obtain,, provide,
and maintain at their own expense, for the full period of time for which the
permit is granted, policies of insurance with such limits and coverage as
established by the City Risk Manager that clearly identify the activity and
vessel(s) covered; (2) indemnify, defend and hold harmless the City, County
of Orange, and the State of California for all liability, injury or damage that
relates to or arises from permittee's event/activity; and (3) otherwise comply
with this Code, California Harbors and Navigation Code, and the Federal
Inland Navigation Rules.
E. Any permit issued under this section may be immediately revoked at
any time, without notice, by the Harbormaster, if: (1) the permittee fails to
comply with the conditions contained within the permit; (2) an individual
participating in the permittee's special event or organized practice operates a
vessel in an unsafe, uncontrolled, or un -seamanlike manner or at a speed that
endangers persons or property; or (3) an individual participating in the
permittee's special event or organized practice fails to comply with the lawful
instructions of the Harbormaster, or any other person authorized by the City
to enforce rules and regulations within Newport Harbor.
F. Any decision of the Harbormaster under this section may be appealed
pursuant to Code Chapter 17.65, or any successor chapter.
Section 4: 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.
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Ordinance No. 2018-18
Page 4 of 5
Section 5: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 6: 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 7: 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 8: 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 , 201_, by the following vote, to wit:
AYES: COUNCILMEMBERS
NAYS: COUNCILMEMBERS
RECUSED: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
MARSHALL "DUFFY" DUFFIELD, MAYOR
Ordinance No. 2018-18
Page 5of5
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
THE CITY ATTORNEY'S OFFICE
7�-'AARO . ARP, CITY ATTORNEY
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