HomeMy WebLinkAbout14 - Amending Chapter 17.40 (Live-Aboards) of Title 17 (Harbor Code) of the NBMC and Other Related Provisions - CorrespondenceReceived After Agenda Printed
October 27, 2020
Item No. 14
Subject: FW: CITY COUNCIL 10/27/20 AGENDA ITEM #14 - LAB ORDINANCE
From: Port Calypso Marina <portcalypso@aol.com>
Sent: Monday, October 26, 2020 3:54:13 PM
To: Jacobs, Carol <ciacobs@newportbeachca.Bov>
Cc: Dixon, Diane <ddixon@newportbeachca.Bov>; Avery, Brad <bavery@newportbeachca.gov>
Subject: CITY COUNCIL 10/27/20 AGENDA ITEM #14 - LAB ORDINANCE
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To: Ms. Carol Jacobs, Assistant City Manager
Re: 10/27 Agenda Item #14
From: Jim Parker, Port Calypso Marina
I intend to view the 10/27 City Council meeting on NBTV or via the live stream.
However, since my support for the amendments pertaining to commercial marinas in proposed Ordinance
No. 2020-27 are on record in my September 8, 2020 letter addressed to you and Mr. Kenney, I do not plan to
join the 'call in queue' unless an unforeseen need arises for me to reiterate or reinforce my support for my
previously stated positions on the commercial marina sections of the Ordinance.
This COVID meeting format is uncharted territory for me, so I hope that my meeting plan is a viable plan for
my end goal of the Ordinance being adopted as presented.
Regards,
Jim Parker
Port Calypso Marina
Received After Agenda Printed
October 27, 2020
Item No. 14
Subject: FW: Tonight's agenda item (#14) reducing public access to anchorage and ordering
boaters to stay on their boat
From: Wade Womack <wade@oranaecoastla.com>
Sent: Tuesday, October 27, 2020 2:25 PM
To: Avery, Brad <bavery@newportbeachca.aov>; Duffield, Duffy <dduffield@newportbeachca.gov>; O'Neill, William
<woneill@newportbeachca.eov>; Herdman, Jeff <6herd man (ED newportbeachca.Fov>: Brenner, Joy <JBrenner@new portbeachca.eov>: Dixon, Diane
<ddixon@newportbeachca.aov>
Cc: Jacobs, Carol <ciacobs@newportbeachca.aov>; Borsting, Kurt <KBorsting@newportbeachca.aov>
Subject: Tonight's agenda item (#14) reducing public access to anchorage and ordering boaters to stay on their boat
Dear Mayor O'Neill and Newport Beach Councilmembers,
Tonight, the Council will consider language amending an ordinance to restrict boater access to the public anchorage to no more than
72 hours per 30 day period. The amendment also includes restricting boaters to staying on their boat while anchored (other than
they may vacate their boat for one single 3 hour excursion during daylight hours only). While I sincerely appreciate the harbor
commission's effort to improve safety in the harbor, I respectfully request the City to do so by taking an approach that minimizes
interference with public access and enjoyment.
Proposed 72 hour restriction for inner harbor anchorage -
Concern: I believe the City implemented a 72 hour rule at the unprotected anchorage of CDM many years ago for safety reasons.
However, the anchorage inside the harbor has a lower risk profile as it is better protected from the elements. The proposed 72 hour
restriction for the protected harbor anchorage is a bit restrictive for those boaters that visit Newport for a week at a time during
summer vacation etc. It is also restrictive for local boaters who have "staycations" a few weekends a month. With this new law any
boater that camps out for two full weekends per month will now be in violation of the law.
Suggestion: It is my understanding the County of Orange has a "5 day max" per month policy for anchoring in Dana Point
Harbor. The City should consider mirroring this "5 day" policy. It will create a consistency for boaters traveling along the coast of
Orange County at it will be less restrictive than the proposed 72 hours while deterring long term boat storage in the anchorage
which is intended for transient use.
Proposed "Must stay on boat while in anchorage" language -
Concern: Currently, there are no restrictions to vacating a boat on anchor for a few hours. Boaters frequently leave their boat on
anchor to access shore for supplies, exercise or to go to dinner). This proposed amendment is overly restrictive as it only permits a
boater to access shore on one single occasion per day for 3 hours during daylight hours. For instance, if a boater wants to leave
there boat for 2 hours in the morning for exercise and 2 hours later in the day for dinner, they will be in violation of the law. Also, if
a boater takes a dinghy to dinner and returns to their anchored vessel after dark (7pm during the winter) they may be issued a
citation or may find their boat has been impounded for merely going to dinner at a reasonable hour. This is overly restrictive.
Suggestion: I believe the intent of this proposed language is to make sure boaters are checking on their boat and not leaving their
vessel unattended overnight or for extended periods of time. Perhaps limiting the "unattended" period to no more than 3 hours at
a time and changing the language to "boat shall not be unattended for longer than three hours and in no case from Spm to 6am"
should be considered. It seems this would be a strike a balance of improving safety while minimizing the restriction on citizen
movements. It should not be unlawful for a boater to return from dinner an hour after sunset. There are enough casual observers
on the water from sunset to Spm to help keep an eye out for any anchors slipping.
I respectfully request the City Council and Harbor Commission consider the City's Local Coastal Program, Coastal Land Use Plan and
the spirit of the Coastal Act when considering any restrictions on our harbor. The visiting boaters that anchor in our harbor are likely
unaware of this proposal and won't have a chance to voice their concern. I ask that the Council consider all boaters (local and
transient) when evaluating these restrictive amendments.
I appreciate the diligent work of our Harbor Commission in improving our harbor.
Thank you,
Wade Womack
1865 Port Abbey