HomeMy WebLinkAbout03 - Sea Lion Time Limits for ComplianceCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No.3
January 13, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, Assistant City Manager
(949) 644 -3002, dkiff6c ), itv.newport- beach.ca.us
Chris Miller, Harbor Resources Manager
(949) 644 - 3043, cmiller@citv.newport- beach.ca.us
SUBJECT: Ordinance 2009 -_: Sea Lion Time Limits for Compliance — First
Warning Letter
ISSUE
Should the City Council amend the time limits for the first warning letter to permittees for
compliance with the sea lion abatement procedures in Title 17?
RECOMMENDATION
Introduce Ordinance No. 2009 - relating to Sea Lion Compliance amending Sections
17.25.020 and 17.50.100 of the Newport Beach Municipal Code and pass to second
Reading on January 27, 2009.
BACKGROUND
In an effort to confront the sea lion problems in January 2006, the City Council passed
an ordinance that specifically described the responsibility of both the mooring and pier
permittees to deter sea lions from their vessels and piers. This passage also outlined
the steps for City staff to enforce sea lion compliance, including a written thirty (30) day
Warning letter, then a seven (7) day Final Warning letter stating that Administrative
Citations ($100, $200, & $500 daily increments) may be issued for non - compliance.
During the summer months of 2006 and 2007, the sea lion problem appeared to
subside, and the program described above proved satisfactory. However, 2008 proved
challenging because the sea lions migrated to the farther depths of the harbor to haul
out, particularly between Via Lido Soud and the peninsula. Unfortunately, the H and J
mooring areas had several vessels that provided comfortable haul out locations,
therefore creating competition for space and continuous barking throughout the night.
The local community quickly became discouraged with the lengthy thirty day warning
letter process. Staff and the Harbor Commission also feel that our harbor permittees are
now well aware of Newport's sea lion problem, and that thirty days is too long to wait for
compliance.
Sea Lion Time Limits for Compliance — First Warning Letter
January 13, 2009
Page 2
PROPOSAL. Staff and the Harbor Commission propose to tighten the time frame for the first
warning letter from thirty days to ten (10) days in order to gain quicker compliance. The
proposed sections would read:
§17.25.020 (1) (4) — Mooring, Anchoring and Vessel Condition Requirements
If based upon the appearance of the vessel, inspection by the City or Orange County
Harbor Patrol or other facts, the Harbor Resources Manager determines that a sea lion
has boarded a moored vessel, the Harbor Resources Manager shall provide the permittee
with a notice of determination 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(30) ten (10) calendar days of the mailing of the notice of determination. if the
Harbor Resources Manager determines that appropriate deterrent measures have not
been taken within thing (30) ten (10) calendar days of the mailing of the notice of
determination, the Harbor Resources Manager shall provide the permittee with a second
notice of determination and the permittee shall: (1) take any and all necessary action to
employ and maintain appropriate sea lion deterrent measures within seven (7) days of the
mailing of the second notice of determination, or (2) remove the vessel within seven (7)
days of the mailing of the second notice of determination. 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.
§17.50.100 — Securing of Structures
If based upon an inspection by the City or Orange County Harbor Patrol or other facts, the
Harbor Resources Manager determines that a sea lion has boarded a permitted structure
and/or any vessel or other appurtenances attached to the structure, the Harbor Resources
Manager shall provide the permittee with a notice of determination 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 thirty (30) ten (10) calendar days of the mailing of the notice of
determination. if the Harbor Resources Manager determines that appropriate deterrent
measures have not been taken within thhty (30) ten (10) calendar days of the mailing of
the notice of determination, the Harbor Resources Manager shall provide the permittee
with a second notice of determination and the permittee shall take any and all necessary
action to employ and maintain appropriate sea lion deterrent measures within seven (7)
days of the mailing of the second notice of determination. 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.
No other changes are proposed. The second seven day warning letter will remain at seven (7)
days, mostly to account for mail delivery. Combined, the permittees will have a total of 17 days
to resolve their sea lion problems.
Sea Lion Time Limits for Compliance — First Warning Letter
January 13, 2009
Page 3
ENVIRONMENTAL REVIEW
The City Council's approval of this item does not require environmental review.
PUBLIC NOTICE
This agenda item has been noticed according to the Ralph M. Brown Act (72 hours in advance
of the public meetings at which the City Council considers the item). It was posted at City Hall
and on the City's website.
Submitted by:
Prepared by:
4fA^, — e�� IV 4/X
Dave Wff Chris Miller
Assistant City Manager Harbor Resources Manager
Attachments: Ordinance Amending 17.25.020 and 17.50. 100
Sea Lion Time Limits for Compliance — First Warning Letter
January 13, 2009
Page 4
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING SECTIONS
17.25.020 OF CHAPTER 17.25 AND SECTION 17.50.100 OF
CHAPTER 17.50 OF TITLE 17 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO SEA LION COMPLIANCE
AND THE TIME LIMITS FOR THE FIRST WARNING LETTER
WHEREAS, sea lions generally migrate down the Southern California coast between the
months of May and October, and
WHEREAS, sea lions are becoming more prevalent in Newport Harbor, particularly over
the past five years; and
WHEREAS, sea lions tend to haul themselves out of the water for several hours of the day
to help control their body temperature; and
WHEREAS, sea lions seek large, flat surfaces such as vessels and docks to haul
themselves out of the water, and
WHEREAS, sea lions tend to compete for haul out locations by barking at all hours of the
day and night therefore keeping the waterfront residents awake; and
WHEREAS, the waterfront residents have asked that the time limits for the first warning
letter to the vessel and dock permittees be shorted from 30 days to 10 days; and,
NOW, THEREFORE, the City Council of the City of Newport Beach, California, hereby ordains as
follows:
SECTION 1: Section 17.25.020 (1)(4) of Chapter 17.25 of Newport Beach Municipal Code is
hereby amended to read as follows:
4. If, based upon the appearance of the vessel, inspection by the City or Orange County
Harbor Patrol or other facts, the Harbor Resources Manager determines that a sea lion
has boarded a moored vessel, the Harbor Resources Manager shall provide the
permittee with a notice of determination 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 ten (10) calendar days of the mailing of the notice of
determination. If the Harbor Resources Manager determines that appropriate deterrent
measures have not been taken within ten (10) calendar days of the mailing of the notice
of determination, the Harbor Resources Manager shall provide the permittee with a
second notice of determination and the permittee shall: (1) take any and all necessary
action to employ and maintain appropriate sea lion deterrent measures within seven (7)
days of the mailing of the second notice of determination; or (2) remove the vessel within
seven (7) days of the mailing of the second notice of determination. 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.
Sea Lion Time Limits for Compliance — First Warning Letter
January 13, 2009
Page 5
SECTION 2: Section 17.50.100 of Chapter 17.50 of Newport Beach Municipal Code is hereby
amended to read as follows:
If, based upon an inspection by the City or Orange County Harbor Patrol or other facts,
the Harbor Resources Manager determines that a sea lion has boarded a permitted
structure and /or any vessel or other appurtenances attached to the structure, the Harbor
Resources Manager shall provide the permittee with a notice of determination 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 ten (10) calendar days of the mailing of
the notice of determination. If the Harbor Resources Manager determines that
appropriate deterrent measures have not been taken within ten (10) calendar days of the
mailing of the notice of determination, the Harbor Resources Manager shall provide the
permittee with a second notice of determination and the permittee shall take any and all
necessary action to employ and maintain appropriate sea lion deterrent measures within
seven (7) days of the mailing of the second notice of determination. 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 3: 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, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official newspaper of
the City, and it shall be effective thirty (30) days after its adoption.
SECTION 5: This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the 13th day of January, 2009, and adopted on the _ day of
2009, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS