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HomeMy WebLinkAboutStaff Report 14 02/05/1990...... 2 �[ �rTB T �1 SEP 8 NMI AGENDA ITEM #: KEY WORD: Waterways DATE: January 5; 1990 PUain SE $ RVICES DEPARTMENT: Department of Public Works W. Pat Miller, Director REQUESTED COUNCIL ACTION: Introduce Ordinance amending Chapter 13.24 of the Petaluma Municipal Code, Petaluma Turning Basin, Waterways and Marina. RECOMMENDATION: Approve the amendment of Chapter 13.24 of the Petaluma Municipal Code. BACKGROUND: On August 26., 1988, the Department of Public Works was advised by the City Attorney that the Petaluma Turning Basin and Waterways Ordinance should be rewritten. At that period of time, the Department of Public Works was having great difficulty attempting to enforce Petaluma Municipal Code 13.24. Examples of some of the particular enforcement problems were - issuing citations for non - payment of mooring fees; moving boats improperly moored to transient facilities; reserving dock space for utilization during special events scheduled through the Chamber of Commerce, etc. The existing ordinance contained no provisions for these circumstances. Therefore, the City's enforcement powers were very limited. The proposed revised ordinance will give the Public Works Department a much broader range of enforce- ment and will allow better utilization of the Turning Basin during scheduled special events. The provision for limiting commercial vessels use at certain times is to allow utilization of the Turning Basin during such special events. It is the City's intention to restrict long -term moorage of pleasure boats in the Turning Basin area so as not to become competition with the City's new marina facility. This ordinance has been distributed and reviewed by the Chamber of Commerce River Committee and also the Petaluma Yacht Club. Attached is a letter from the Petaluma Yacht Club endorsing the proposed ordinance as corrected and a letter" from the Chamber of Commerce River Committee with several changes they have recommended after our two meetings with the Committee on December 20, 1989 and January 17, 1990. Many of the recommended changes were made within the new proposed ordinance. Also. attached is an inter - office memo from Andrea Forest, Assistant City Attorney, to the City Attorney with comments regarding the letter from the Chamber of Commerce River Committee. r City staff has completed all necessary training required by the State of California to be able to enforce the requirements of this ordinance which will greatly enhance our ability to provide better service to our boating public. ALTERNATIVES: Not amend existing ordinance. CONSEQUENCES: Continue operation under existing ordinance with limited enforcement powers and no ordinance governing the operation of the Marina and launching area. ACTION FOLLOWING AUTHORIZATION: Adopt ordinance amending Chapter 13.24 of the Petaluma Municipal Code, Petaluma Turning Basin, Waterways and Marina. xc : cm acm ca pws -(prim) dpw, file basin 2 ORD 1 1/30/90 i PETALUMA YACHT CLUB 4 December 1989 Mr. Frank Primm Dept. of Public Works City of Petaluma, CA D6ar Frank: POST OFFICE BOX 925 N0. 10 C STREET PETALUNIA, CALIFORNIA 94953 (707) 765 -9725 On behalf of the Petaluma Yacht Club, please be advised that the Officers, Directors and membership whole heartedly endorse your pending Ordinance amending Chapter 13.24 of the Petaluma Municipal Code, Petaluma Turning Basin and Waterways. This being Agenda Item # Nov. 20 1989 17. If PYC can be of any fruther assistance to you, please contact me. Sincerely, Donald F. Hoirup Commodore Tele: 763 -5051 !F t CITY OF PETALUMA OFFICE OF CITY ATTORNEY ------------------------------------------------------------------------ ------------------------------------------------------------------------ TO: Richard R. Rudnansky, City Attorney FROM: Andrea Forest, Assistant City Attorney DATE: January 31, 1990 RE: Turning Basin /Waterways /Marina Ordinance Response to January 24, 1990 Letter From Petaluma Area Chamber of Commerce --------------------------------------=--------------------------- - - - - -- This is in response to the letter of Commerce regarding the November basin ordinance which amends Chapter should be noted that the draft going 23, 1990. I met with both Frank Prim with the following response: from the Petaluma Area Chamber 14, 1989 draft of the turning 13.24 of the Municipal Code. It before Council is dated January and Pat Miller, and we came up a) As to the first paragraph under General Concerns, we have no response. b) As to the second paragraph, it is difficult to know what commercial and industrial businesses along the river way are even being affected by this ordinance. Thus, it is difficult to know on what basis they should be exempt. c) In response to the third paragraph under General Concerns, I do not know what the Chamber is referring to when they discuss having Sonoma County Boating Safety Unit review the proposed ordinance. We have, as required by the Harbors and Navigation Code, submitted a previous draft of the ordinance (which went before Council) to the Department of Boating and Waterways for their approval. In their review, the Department would have advised if there was any conflict or preemption by State law. The Department, in response to the previous draft, has indicated that there were only minor changes needed. Those changes were made prior to going to Council. Since there have been revisions to the previous draft ordinance, a ' final draft must go back to the Department for further review and approval before its adoption. d) On page 2, the first paragraph is clearly a Council decision whether to promote recreational, commercial, educational purposes, etc. It is also a Council decision whether to contract with a private agency to manage the marina and /or turning basin. However, contrary to the Commerce's allega- tions that a harbormaster can safely move and secure boats, 1 this is untrue. A employed as such harbormaster could the vessel owner. harbor police, which is one regularly can board vessels. The only way a board a vessel is by an agreement with In regards to the Specific Concerns, the following is appropriate: a) 13.24.040(3) - The reference in this concern is to the rental agreement. The ordinance section refers to the Public Work Director's duties. It is unclear what the Committee's concern is. I believe there is a typo. b) 13.24.040(5) - It is my understanding that the Police Department does not have adequate personnel or funding to enforce the municipal code down at the turning basin and /or waterways. However, the City Council may delegate enforcement to the Police Department if it so desires.. c) 13.24.050(a) - It is not the City's policy nor is it prudent to reference in a municipal ordinance of this type cites to all federal and /or state laws. In general, one of the major problems of doing so is when the federal and /or state laws are changed, the City must then again amend the ordinance. Diligent attempts at determining if there are conflicts have been made. In the event a conflict is found at some point, there is a standard severability clause in the ordinance. d) 13.24.070(A) - Verbal authorization for using vessels as a residence poses difficulties in terms of enforcement. It would be too easy for a person to claim that he /she had been given authorization when in fact he /she had not. Pat and I discussed putting a check -off box on -the berthing permit forms which would indicate that the person would be using the boat as a residence and indicating the days that he /she would do so. This is no more than checking boxes and would not require discretionary authorization. e) 13.24.070(B) - This is a Council decision. f) 13.24.080 - The portion requested to be eliminated has been eliminated. The remainder of this concern is a Council decision. g) 13.24.100(A2) - This matter has been corrected in the subsequent draft ordinance to clarify the original intent which is to prevent unsafe manuevering of a vessel between the land and the docks which are not designed for vessels on the land side. h) 13.24.100(B) - This item has been eliminated from the 1/23/90 draft ordinance. i) 13.24.100(C) - This item is now 13.24.100(B) and has been corrected to allow small craft launching in the turning basin. 2 j) 13.24.100(D) - This item is now 13.24.100(C). The intent of this provision is to coordinate navigation with special events. Thus, the addition as proposed is redundant. k) 13.24.120(E) - Wooden landing steps float. 1) 13.24.120(G) - The City of Petaluma has the legal authority to prevent unauthorized changes to public property. Please note that 13.24. 120 (I) has been added to indicate that section 13.24.120 applies only to public property. m) 13.24.120(H) - The City has the authority to require building permits. The City presently issues building permits for the type of construction indicated in this section. The intent of this section is merely to ensure that the City department monitoring the waterways is given notice and authorized to provide input of any change thereto. n) 13.24.140 - This is a Council decision. Clearly, if some type of fee and /or rate .were applied to a privately owned dock, there must be sufficient justification and guidelines for doing SO. o) 13.24.150(E) - The concern in this response is a Council decision. p) 13.24.160 - The appeal provision from the old ordinance has been added to the 1/23/90 draft. Failure to include originally was unintentional. q) 13.24.170 - 13.24.170 is now 13.24.180. No comment. In conclusion, it has not been the intent of Public Works to present an ordinance that is overpowering. The present draft ordinance was put together with the intent of establishing reasonable rules and regulations for the health, safety and welfare of the growing number of persons who are using the Petaluma turning basin, water- ways and marina. Considerable effort has been expended in putting together this draft ordinance, and such efforts will continue until an acceptable ordinance has been approved. Therefore, the comments of the Petaluma Area Chamber of Commerce and any other members of the public are greatly appreciated. memo. 48 memo4 3 I TO: 1 1 r '!M January 24, 1990. City of.Petaluma Mayor M. Patricia Hilligoss and Members of the City Council City Manager John Scharer Assistant City Manager Gene Beatty Director of Public Works Pat Miller RE: PROPOSED A)UMM 1T OF C31APTER 13.24 OF THE HDNICIPAL CODE In response to the City Coun -ail request to review the proposed amendment of Chapter 13.24 (Waterways) of the Petaluma Municipal Code, the Chamber's River Committee has prepared, unanimously approved, and obtained the endorsement of the Chamber Board of Directors (by vote on 1122190) for submitting the following response: GENERAL CONCERNS: With the creation of the public marina at Schollenberger Park, the City of Petaluma is entering into the "recreation business ". It is important for the success of the marina, the turning- basin, and the development of the Petaluma River as a natural and com- mercial resource, that the City be aware of the public perception of the actions of the City Employees in applying Ordinances, Rules, and Procedures. Commercial and industrial businesses along the river way should be exempted from this ordinance because these businesses are regulated by the Water Quality Control Board, U. S. Coast Guard, California State Fish & Game Department and other government entities. The City of Petaluma should recognize their legal liability when City employees violate Federal and State Waterways laws (i.e. illegally boarding federally documented vessels). A simple precaution would be to have the U. S. Coast Guard and the Sonoma County Boating Safety Unit review the proposed ordinance for conflicts with their "police powers" and the legal rights of the boat owners. 215 Howard Street, Petaluma, CA 94952 -2760 (707) 762 -2785 -2- RE : WATERWAYS ORDINANCE 1/23/50 Additionally, the City should seek to promote uses for recrea- tional, commercial (i.e. tourism) , and educational purposes. Petaluma could benefit from the experiences of other cities which have public marinas or waterways. The cities of San Mateo and Santa Cruz have their Parks and Recreation Department run their marinas while cities, such as San Francisco, contract with pri- vate companies to manage their marinas. The City of Petaluma should consider the possibility that the City Parks and Recrea- tion Department would be best suited to achieve these goals. Additionally, we encourage the City of Petaluma to hire an expe- rienced Harbor - master to manage the Marina and turning- basin. A qualified Harbor - master can safely move and secure boats, help promote the City's Marina and waterways, and help the City achieve their General Plan goals. The Petaluma Area Chamber of Commerce River Committee looks forward to continued cooperation with the City of Petaluma. SPECIFIC CONCERNS: 13.24.040 (3) The City should expressly receive, in the rental agreement, the owner's acknowledgment and agreement to abide by the waterways ordinance. 13.24.040 (5) _ This paragraph should be eliminated. Police powers should remain with the City of Petaluma Police Department or the applicable law enforcement agency (i.e. Sonoma County Sheriff, U. S. Coast Guard). 13.24.050 (a) This paragraph refers to "all other applicable local, state, and federal laws. These laws should be cited, and this ordinance should be reviewed to eliminate-any conflicts with these laws. 13.24.070 (A) Short term authorizations by the Waterway's Superintendent should be able to be verbal for the smooth functioning of the waterways. 215 Howard Street, Petaluma, CA 94952 -2760 (707) 762 -2785 — 3 — RE: VULTE RVAVS ORDINANCE 1/23/90 13.24.070 (B) The general public should be allowed to stroll along the turning basin after sunset. -Provisions should be made to prevent tran- sients from loitering or "camping -out" on the docks and boats. 13.24.080 With the exception of subparagraph (A); this paragraph should be eliminated. The City should include verbiage which provides for educational uses of the turning basin through programs sponsored by the Petaluma City Schools, Parks and Recreation Departments, Boy Scouts of America, and other similar organizations. 13.24.100 (A2) This subparagraph is in violation of applicable State and Federal laws. 13.24.100 (B) People, including youth, should be -allowed to fish on the turning bas.in as long as they do not damage property or litter. 13.24.100 (C) This subparagraph should be eliminated. 13.24.100 (D) The following should be added to the last sentence; "as long as it does not interfere with the normal navigation of the rivers." 13.24.120 (E) Sentence two of this subparagraph should be eliminated because floatable landing steps do not exist. 13.24.120 (G) This paragraph exceeds the legal authority of the City of Petalu- ma and is in conflict with State and Federal laws. 13.24.120 (H) This paragraph is in conflict with existing Federal and State laws and ordinances. The Army Corp of Engineers, among others, controls this area of law. 13.24. 140 This paragraph should apply only to City owned docks, not pri- vately owned docks located on the Petaluma River. 215 Howard Street, Petaluma, CA 94952 -2760 (707) 762.2785 P - 4 - RE: WATERWAYS ©RDrtlaxcR 1/23/90 13.24.150 (E) This ordinande should provide for a preference to be given to commercial vessels which have previously berthed in the turning basin. Additionally, the following sentence should be added; "Berthing in the turning basin shall be made available year -round for youth and educational programs including but not limited t -: the Petaluma-Sea Scouts.,, 13.24.160 Provisions should be added to this paragraph providing for an appeal process. We suggest that the wording from the existing ordinance (13.24.100 Appeal) be included in this paragraph. An appeal process should be clearly outlined for the benefit of the general public. 13.24.170 The City of Petaluma has an obligation to research the existing federal and state laws before passing an ordinance' which con- flicts with these laws. Otherwise, the City of Petaluma risks extensive liability by having city employees violate Federal and State laws while attempting to enforce this ordinance. Respectfully Su i ted: Terre McRae Executive Director 215 Howard Street, Petaluma, CA 94952 -2760 (707) 762 -2785