HomeMy WebLinkAboutItem 2 - Review of the Invictus Visit to Newport Harbor and Consideration of Future Requests for Other Visiting Vessels�EwvoRr
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Harbor Commission Staff Report Agenda Item No. 2
November 13, 2013
TO: HARBOR COMMISSION
FROM: Public Works Department
Chris Miller, Harbor Resources Manager
949 - 644 -3043, cmiller @newportbeachca.gov
TITLE: Review of the Invictus Visit to Newport Harbor, and Consideration of
Future Requests for Other Visiting Vessels
ABSTRACT:
The Harbor Commission will review the recent Invictus visit to Newport Harbor. The
Commission may also advise the ad hoc committee to develop criteria for future visiting vessel
requests, if desired.
RECOMMENDATION:
The Harbor Commission is requested to:
1. Review and provide input on the recent Invictus visit; and
2. Discuss the possibility of future requests by other visiting vessels, and advise the ad hoc
committee to develop criteria for such requests, then return to the Commission for
further review.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The Invictus is a 216' long, 44' wide vessel that requested to moor in Newport Harbor
intermittently during September and October 2013. The Harbor Commission considered this
request at their August meeting, and advised Harbor Resources to approve the request as a
trial. Harbor Resources therefore issued the permit (See Attachment A). Some observations
from the Invictus stay are summarized below:
1. Community Comments /Feedback:
a. Staff did not receive any negative comments from the public while the Invictus
was in Newport Harbor, except for an observation that the emblem light may
have been too bright. Staff did receive supporting comments from the public.
Review of the Invictus Visit to Newport Harbor, and Consideration of Future Requests
for Other Visiting Vessels
November 13, 2013
Page 2
b. Staff did not receive any comments from the local charter industry who also
operates large vessels at that end of the harbor.
2. Noise: The Invictus' generators were quiet, and barely audible outside of the vessel.
There were no loud parties onboard, and the vessel owners were respectful to the
community.
3. Mooring Buoy: Per the permit conditions, Invictus installed a stern mooring buoy then
used its bow anchor to secure the vessel in a two -point fashion. This configuration
prevented the vessel from swinging with the wind and tides, therefore making its position
as predictable as possible.
Harbor Resources, the Harbor Patrol, Harbor Commissioners Girling and Avery, and
staff from Shellmaker collectively decided the best location for the mooring buoy. At
least two other local vessel captains were also consulted during this process.
Consideration was given to the upcoming boat show, and as seen in Attachment B,
there was room for the Invictus and the boat show to safely coexist. (However, staff did
not permit the Invictus to stay in Newport during the boat show as a precautionary
measure during this trial basis.)
Shellmaker installed the rented, 10,000 lbs. weight and 58" circular buoy which was also
freshly painted and lit. If the buoy light or lines fell into disrepair when the vessel was
not in town, the Invictus captain had a plan to rectify any such problem.
The only complication concerning the buoy was that a non - related commercial entity
used the buoy during the day when the Invictus was not in the harbor. Harbor
Resources notified that commercial entity, and this problem was resolved.
Lastly, if the City were to continue to welcome larger visiting vessels, then a mooring
area should be officially designated on the nautical charts via the Coast Guard and the
NOAA.
4. Number of Days Permitted: When issuing the permit, staff permitted the Invictus to
stay 16 days, but the permit did not specify what constituted a day, therefore causing
some ambiguity when either the Invictus arrived late at night or left early in the morning.
If another permit is issued in the future, then these types of issues should be clarified.
The Invictus stayed 14 days total:
Friday (8/30) to Monday (9/2)
4 days
Saturday (9/7) to Sunday (9/8)
2 days
Saturday (9/14) to Sunday (9/15)
2 days
Saturday (9/20) to Sunday (9/21)
2 days
Thursday (10/3) to Monday (10/7)
4 days
(Left 06:45 Monday morning)
Review of the Invictus Visit to Newport Harbor, and Consideration of Future Requests
for Other Visiting Vessels
November 13, 2013
Page 3
5. Permit Fees: Because the City did not have a permit fee in place prior to this request,
the Invictus was charged the standard; prorated mooring rate for all off -shore moorings
which was $1,440.76. If the City continues to allow vessels to stay in Newport Harbor,
then an increased fee should be considered.
6. Communication: The Invictus captain did a good job of communicating with staff and
the Harbor Patrol as to their intentions during each of their weekend visits. The Invictus
schedule changed from week to week, so it was important that staff had the latest
information to avoid surprises.
7. Local Attraction: The Invictus did attract a lot of local attention when it was in Newport,
usually in the form of boats circling for better views. The Invictus crew reported some
vessels as coming too close, but that is normally expected as the vessel travels around
the world.
If the Harbor Commission desires to continue to welcome visiting vessels of this size, then staff
is recommending the Committee to return to the Commission with a proposed, defined program
which would be later considered by the City Council.
ENVIRONMENTAL REVIEW:
Staff recommends the Harbor Commission 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 Harbor Commission considers the item).
Submitted by:
e��/AN. IAV
Chris Miller
Attachments: A. Invictus Permit
B. Invictus Mooring Location in Newport Harbor
Attachment A
CITY OF NEWPORT BEACH
Public Works Department
Harbor Resources Division
Special Permit for Moorage in Newport Harbor
MV Invictus
August 29, 2013
On July 10, 2013, MV Invictus, a 216' long vessel, requested to moor in Newport Harbor for a defined
period of time during the months of September and October 2013. The Harbor Commission formed a
subcommittee to evaluate the feasibility of the proposal with input from Harbor Resource staff and Harbor
Patrol. On August 14, 2013, the Commission voted to recommend that the City's Harbor Resources
Manager approve the request with Conditions.
Per the recommendation of the Harbor Commission, and after careful consideration by the Harbor
Resources Manager, a permit is now issued to MV Invictus to moor in Newport Harbor with the following
Conditions:
1. MV Invictus shall moor near the west end of Lido Isle where the water is deepest. An exact
location will be decided after a field inspection on August 29, 2013,
2. MV Invictus may moor in Newport Harbor for a period of sixteen days, to be used any time
between August 30 to September 24, 2013 and October 1 to October 31, 2013. MV Invictus may
not moor in Newport Harbor between September 25 and September 30, 2013. It is understood
that MV Invictus preliminarily plans to moor in Newport Harbor on the following days: August 30
to September 2 (4 days), September 6 to 9 (4 days), September 13 to 17 (5 days), and October 4
to 6 (3 days). These anticipated days may change. If more than 16 days are desired, a special
request must be made to the Harbor Resources Manager.
3, MV Invictus may not moor at the same time that MV Marama will be moored in the Turning Basin
4. MV Invictus will be responsible for installing and paying for the mooring, chain, tackle and weights
through the services of a local mooring contractor. The Harbor Patrol must approve the exact
location of the mooring installation. The mooring buoy must have a light attached to it. The
mooring must be removed within one day of MV Invictus' last day in the harbor.
5. The mooring buoy must be maintained in proper condition at all times. If the mooring buoy falls
into disrepair, especially when the MV Invictus is not in Newport, the Harbor Patrol or Harbor
Resources will contact the captain of MV Invictus to schedule immediate repairs. If the captain is
unavailable, the Harbor Patrol or Harbor Resources will contact the mooring contractor to repair
the mooring buoy at the expense of MV Invictus.
6. MV Invictus will be moored in a two -point configuration using the mooring buoy for the stem tie,
and the vessel's anchor to secure the bow. This will prevent the vessel from swinging. The stem
must be facing the center of the channel.
Special Permit for Moorage in Newport Harbor
MV Invictus
7. MV Invictus will post a Notice to Mariners immediately following the mooring installation.
8. If at any time it is determined that the mooring needs to be adjusted, MV Invictus will immediately
pay to have the mooring re- adjusted.
9. The Lido Boat Show begins on September 25 and ends on September 30, 2013. Setup begins
approximately two weeks prior and takedown lasts approximately one week after the show. The
mooring placement and MV Invictus must not interfere with the boat show, and must provide
plenty of room in the Turning Basin.
10. MV Invictus shall pay the City's mooring fee as calculated below. Payment must be made to the
City's Cashier's Office on or before the same day the mooring is installed.
a. Annual City mooring permit fee: $38.73 per foot, per year
b. MV Invictus length: 216'
c. Monthly fee: $38.73 x 216'= $8,365.68 / 12 = $697.14 per month
d. September + October fee: $697.14 x 2 months = $1,394.28
e. Daily fee for August 30 -31: $697.14 / 30 days = $23.24 per day x 2 days = $46.48
f. Total fee to City: $1,394.28 + $46.48 = $1,440.76
11. Upon entering and exiting Newport Harbor, MV Invictus will hail the Harbor Patrol with their transit
detailslintentions. In addition, MV Invictus will notify the Harbor Resources Manager (Chris Miller,
949 - 644 -3043) or his designee, and the Harbor Patrol (Deputy Sean Scoles, Sergeant Dave
Ginther, 949- 723 -1002) at least two days prior to their arrival and departure for each block of
days.
12. MV Invictus will be solely responsible for its safe passage within Newport Harbor. MV Invictus
will determine whether there is sufficient depth for the vessel. A copy of the most recent Corps of
Engineer's depth survey (dated February 2013) Is attached to this permit.
13. MV Invictus shall maintain a crew on board at all times to respond to any issues that may arise.
14. This permit may be revoked at any time by the City.
15. No charter or commercial activity is permitted other than crew training/preparation for commercial
charter activity after MV Invictus departs U.S. waters, providing that all such training will occur in
the interior of the vessel while it is moored, and all such training will not create noise or other
adverse impacts in the harbor.
16. While in Newport Harbor, MV Invictus will be for family use only. The following are not permitted:
loud parties, live entertainment, exterior, loud amplified music or obtrusive lighting.
17. Minimal lighting will be used during the night except as required by Coast Guard regulations.
18. MV Invictus will abide by the City's noise rules as stated in the City's Municipal Code. Generator
noise must be kept a minimum at all times to be respectful to the community. Air horns, whistles,
bells and any other noise making equipment shall not be used, except as required by Coast
Guard regulations.
19. No outside paging system shall be utilized except in an emergency.
Special Permit for Moorage in Newport Harbor
MV Invictus
20. All trash and litter generated shall not be disposed in the City's public trash cans.
21, The Permittee shall, to the fullest extent permitted by law, indemnify, hold harmless and defend
(with counsel approved by the City, which approval shall not be unreasonably withheld) the City,
its elected officials, officers, employees, agents, attorneys, volunteers and representatives from
and against any and all claims, demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses of every kind and nature
whatsoever (individually, a "Claim" or collectively, "Claims "). which may arise from or in any
manner relate (directly or indirectly) to this permit including, but not limited to, the issuance of this
permit, the transfer of this permit, the entry into this permit, Permittee's occupancy or use, or
Permittee's guests, invitees, sublessees, or licensees occupancy or use, of the public trust lands,
or improvements including, but not limited to, any use involving petroleum based products,
hazardous materials, hazardous waste and /or other hazardous substances as defined by City,
County, State or Federal laws and regulations. The Permittee's obligations in this indemnity shall
not extend to the degree any Claim is proximately caused by the sole negligence or willful
misconduct of the City, subject to any immunities which may apply to the City with respect to such
Claims. This indemnification provision shall survive the termination of this permit and shall
survive for the entire time that any third party can make a Claim.
22. Per Newport Beach Municipal Code Section 17.60.040(B)(2): Each mooring permit shall be
issued to one natural person ( "mooring permittee ") who shall be responsible for all activities
related to the mooring permit. To the satisfaction of the Harbor Resources Manager, the mooring
permittee shall:
a. Identify on the permit the full legal name, current address, current telephone number and
current e-mail address, if one exists, of the mooring permittee;
b. Agree to be responsible for permit fees, maintenance and repair of mooring equipment;
c. Provide proof of liability insurance on vessel as determined by the City's Risk Manager;
and
d. Provide registration or other proof of controlling possessory right in the assigned vessel,
all to the satisfaction of the Harbor Resources Manager.
23. If Harbor Resources grants the MV40arama a special mooring permit to use the mooring installed
by MV Invictus during a period when the MV Invictus is not using the mooring, then MV Invictus
and MV Marama will enter into a mutually acceptable agreement with one another to address
responsibility for anything which may occur during the MV Marama's use of the mooring. Harbor
Resources may condition its issuance to MV Marama of a special mooring permit on such an
agreement being signed.
OA;; /7 Q./
Midv A II, d. Date
Rick Caruso, Director
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C iller, Harbor Resources Manager Date
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Invictus Mooring Location 0 Mooring Buoy (117'55'30.84"W, 33 °37'3AB "N) °
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October 31, 2013
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