HomeMy WebLinkAboutStaff Report 4.B 02/02/2004I .
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CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
Agenda Title Introduction of Ordinance Amending Chapter 13,.24
Meeting Date: February 2, 2004
of the Petaluma Municipal Code, Entitled "Waterways" to Restrict
:Mooring or Anchorage on- Certain. Sections of the Petaluma River
Waterways, as well as 'Vessel Size. /Length Upstream of the
Meeting Time ® 3:00 PM
.Balshaw Bridge
❑ 7:00 PM
Category (check on`e) Z Consent Calendar ❑ Public Hearing ❑ New Business
❑ Unfinished Business ❑ Presentation.
Department
Director
Contact Person
Phone Number
Public Facilities &
Rick Skladz' ri.
Rick Sklaozien
778=4303
Services
Cost" of Proposal N/A
Account Number
N/A
Amount Budgeted N /A'
Name of Fund:
N/A
Attachments to Agenda Packet Item
1. Resolution No. 2003 -218 N.C.S. restricting vessel size /length mooring or anchorage on Petaluma
River Waterways �(ExhibitA).
2. Proposed ordinance -amending, Chapter 13:24 of the Petaluma Municipal Code, entitled "Waterways ", to
make the restrictions of'tle above resolution permanent.
Summary Statement
To prevent the occurrence of navigational hazards on Petaluma River waterways, the Petaluma City
Council adopted, on an emergency basis,. Resolution No. 2003 -218 on. November 3, 2003, restricting
mooring or anchorage on certain sections of `the Petaluma River; as well as vessel. size /length upstream of
the Balshaw Bridge. In order to make" the restrictions permanent, "Council must adopt an ordinance
amending Chapter 13.24 of the Municipal Code accordingly.
As required by California Harbors and Navigation Code section 660(a), the City has submitted a draft of
this ordinance to the State Department of Boating and Waterways for review prior to adoption and at least
thirty (30) days prior to the effective date of the ordinance.
Recommended City Council Action/Sugeested Motion
Adopt proposed ordinance'to. amend Chapter 1124 of.the, Petaluma Municipal Code, entitled "Waterways ",
to include restrictions on mooring or anchorage on certain sections of the Petaluma River waterways, as
well as vessel "size /length upstream of the Balshaw Bridge.
Reviewed bv FinanewDirector.
Revie a y Ca ne :
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A rov : " - 1Vlana er:
Date:
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Revision # and Date Revised:
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• CITY OF PETALUMA, CALIFORNIA
FEBRUARY 2, 2004`
.AGENDA 'REPORT
for
INTRODUCTION OF ORDINANCE AMENDING CHAPTER_ 1124 OF THE PETALUMA
MUNICIPAL :CODE, ENTITLED !'WATERWAYS" To RESTRICT MOORING OR
ANCHORAG_ E ON CERTAINSECTIONS OF THE PETALUMA RIVER WATERWAYS, AS WELL
AS VESSEL SIZE./LENGTH UPSTREAM OF THE BALSHAw BRIDGE
1. EXECUTIVE'SUMMARY
To prevent the occurrence of navigational hazards on_PetalumaRiver waterways, the
Petaluma City Council adopted, on an emergency basis Resolution No. 2003 -218 on
November 3, 2003, restricting mooring or a.nchorageron certain'sectioris of the
Petaluma River, as well. as vessel size /length upstream of the Balshaw Bridge. In
order to make the restrictions permanent, Council must adopt an ordinance amending
Chapter 13.24 of the Municipal Code accordingly.
As required by California Harbors and-Navigation Code section 660(a), the City has
submitted ;a draft of,this ord'inan'ce to the State. Department of Boating and Waterways
for review prior to adoption, arid at least thirty(30) days prior to the effective date of
the ordinance.
2. BACKGROUND
Chapter 13.24 of the Petaluma Municipal Code establishes rules and regulations for
the use of navigable waters within the territorial limits of the City, including the
turning basin and the municipal marina.
Because of the narrow shallow channel upstream of the Balshaw Bridge,. vessels
larger than 18 feet in length risk running aground and ob°structirig the channel thus
creating a hazard. In addition, vessels of any size that anchor or moornn Petaluma's
waterways overnight in places, other than at established docks such as existing
private /commercial docks and the docks in the marina also pose navigational hazards
atnight. On November 3, 2003, City Council adopted Resolution No. 2003 -218
N.C.S., which established on an emergency basis new regulations to restrict the
overnight mooring or anchorage of vessels in undesignated areas along the River, as
well as to regulate the: size /length of vessels allowed upstream of the Balshaw Bridge,
within. the City's corporate limits. With the adoption of an ordinance to restrict
anchorage or mooring, as well as vessel size length, the above restrictions can be
made permanent.
3. ALTERNATIVES •
a. Approve,the'proposed ordinance, as presented.
b. Modify the proposed ordinance.
c. Reject the proposed ordinance, which will -limit the City's ability to prevent
the occurrence of navigational hazards on the Petaluma River waterways.
4. FINANCIAL IMPACTS
All revenues. received from fines, as a result of violations would go to the General
Fund. If alien were secured for nonpayment; ,impoundment through a contractor
would cost approximately $135 per vessel, in addition to storage rental (for up to six
,months)' both of which may be reimbursed by the owner he is able to reclaim his
vessel. Lien expenses would be paid out of the Public Facilities and Services
operational budget. Any surplus of vessels would go into 'the General' Fund.
5. CONCLUSION
To insure public ,safety and well being along waterways within the City's corporate
limits, staff recommends adoption of the ordinance to make the restrictions outlined
in Resolution No. 2003 -218 N.C.S. permanent.
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6. OUTCOMES.OR PERFORMANCE MEASUREMENTS THAT W, ILL IDENTIFY'SUCCESS OR
COMPLMTION •
The restrictions outlined in Resolution No. 2001-2.18 N.CfS. will be made permanent
with the adoption of the ordinance to amend Chapter 13.24 of the Petaluma Municipal
Code, entitled "Waterways ", as proposed.
7. RECOMMENDATION
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Adopt ordinance; to amend Chapter 13.24 of the Petaluma Municipal Code, entitled
"Waterways ", to include restrictions on mooring or anchorage on certain sections of
the Petaluma River waterways, as well as vessel sizellen " h. upstream of the Balshaw
Bridge.
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s \pf &s \public works \agenda\mooring
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EXHIBIT A
Resolution No. 2 003- 218 N.C3.
of the City of Petaluma, Ca:liforma,
TO RESTRICT MOORING OR.ANCHORAGE ON , CERTAIN SECTIONS OF THE
PETALUMA RIVER WATERWAYS, AS WELL..AS VESSEL SIZE/LENGTH
UPSTREAM OF THE BALSHAW BRIDGE.
WHEREAS, because of the narrow, shallow, channel in the part of the Petaluma River
upstream of the Balshaw Bridge, vessels larger than 18 feet in length risk running aground and
obstructing the channel,. thus creating a hazard; and,
WHEREAS, vessels of any size that anchor or moornn Petaluma's waterways overnight
in places other than at established docks such as existing.private /commercial docks and the docks
in the marina, also pose navigational hazards to vessels using the waterways at night; and,
WHEREAS, the Fire Chief has indicated that accessibility to vessels anchored or
moored as stated above is significantly impaired, and that such vessels are `in effect cut off from
any timely emergency response by fire sand other emergency personnel; and,
• WHEREAS vessels have recently been anchoring overnight in the aforementioned
areas, creating significant fire and pollution'hazards to the vessel occupants and to others in the
immediate vicinity thereof, and,
WHEREAS, in view of the significant public health, safety and welfare threats being
posed by such vessels, .there is an immediate need to establish restrictions for' mooring or
anchorage of vessels in undesignated areas along the Petaluma River as well as to regulate the
size /length of vessels allowed upstream of the Balshaw Bridge, within the City's corporate limits;.
and,
WHEREAS, under;.Harbors and Navigations Code section 660 (d), the City may adopt
emergency rules and regulations governing vessels on waters within the City's jurisdiction if
they are required to insure the safety of persons and property because of disaster or other public
calamity; and may adopt such emergency regulations'. without prior review by the State
Department of Boating and Waterways and then submit them for such review upon adoption;
and,
WHEREAS;,, Chapter 13:24.170 of the Petaluma Municipal Code provides for the
adoption, by -resolution,. of additional rules and regulations necessary to operate and manage the
waterways; and;
Resolution No. 2 003 -218 N.C.S.
WHEREAS, the City's Public Works Director has authority to place and maintain signs, •
as deemed necessary to secure public safety and the orderly and efficient use of the turning
basin, waterways and marina, including the designation of anchorage or mooring areas; and,
WHEREAS, posting signs along the Petaluma River, restricting vessel size /length
upstream of the Balshaw Bridge and mooring or anchorage outside of designated areas, will
allow the City to enforce these restrictions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma, approves the ii unediate prohibition of vessels larger than 18. feet in length on the
Petaluma. River upstream of the Balshaw Bridge, and the immediate prohibition of the mooring
or anchorage of vessels, regardless of size, withal the City's waterways between sunset of any
day and sunrise of the next,day, except at established public /private /commercial docks or when a
bona fide emergency exists, and authorizes the City Manager to direct the Public Works Director
to place signage along the Petaluma River, from its junction . with Washington Creek;
downstream to the southern corporate limits of the City, giving notice of these restrictions.
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Under.'the power and authority conferred upon this Council by the Cha rterof'said City
REFERENCE: I hereby certify the foregoing Resolution was introduced and .adopted by the Approved as to
Council oft i of Petaluma at
heat ty (Re u (Adjourned) (Spec4 meeting
on the ......... day of ........Love er ................ ...... 20......, by the
following vote: .... ................
City Attorney .
AYES: Canevaro, Mayor Glass, Harris, Moynihan, Vice Mayor. O'Brien, Toiliatt
NOES: None
ABSENT: Healy I i
J
................................... ..:.:.
City Clerk: M ayor *
Council " .,. T
�20CT ... Z....
Res. No :............. .........C...
N.C.S.
'ORDINANCE NO., N.C.S.
Introduced by
Seconded by
AN ORDINANCE OF'THE COUNCIL OF'THE CITY OF PETALUMA, STATE OF
CALIFORNIA, AMENDING CHAPTER 13.24 OF THE: PETAL UMA MUNICIPAL CODE,
ENTITLED "WATERWAYS"
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1 Findings
1. Under California Harbors and Navigation Code section 660(a), the City Council may
enact regulations relating to vessels on navigable waters Within the City of Petaluma, limited to time-
® of -day restrictions, speed zones, special -use areas, and sanitation and pollution controls, where such
regulations. do not conflict with state law. Accordingly, the City has adopted Chapter 13.24 of the
Petaluma Municipal Code which establishes certain rules` and regulations for the use of navigable
waters within the territorial limits of the. City of Petaluma, including but not limited to the turning
basin and the municipal marina on the Petaluma River.
2. Because of the narrow, shallow' channel in the, part• of the Petaluma River upstream of the
Balshaw Bridge, vessels larger than 18 feet in length risk running aground and obstructing the channel,
thus creating a.hazard. In addition, vessels -of any size that anchor or moor in Petaluma's waterways
overnight in places other than at established docks, such as existing private /commercial docks and the
docks in the marina, also -pose navigational hazards to vessels using the waterways at night. Therefore,
the City Council has previously adopted Resolution No. 2003 -218 N.C.S. which established on an
emergency basis new regulations to restrict the overnight mooring or anchorage of vessels in
undesignated areas along the' Petaluma River as well as to regulate the size /length of vessels allowed
upstream of the Balshaw Bridge, within the City's corporate limits. The City Council finds that such
emergency regulations should'be made permanent.
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3. Under Petaluma Municipal Code section 13.24.130, the City's Public Works Director has
authority to place and maintain signs, as deemed necessary'to secure public safety and the orderly and
efficient use of the turning basin, waterways and marina, including the designation of anchorage or
mooring: areas. The City Council finds that posting signs along the Petaluma River, restricting vessel
size /length upstream of the Balshaw Bridge and overnight mooring or anchorage outside of designated
areas, will assist the City in enforcing these additional restrictions.
4. As required by- California Harbors and Navigation Code section 660(a), the City has
submitted a draft of this ordinance to the. State Department of Boating and Waterways for review prior
to adoption and at least' thirty (30) days prior to the effective date of the ordinance; has received
comments from that Department; and has incorporated into this ordinance any changes required by that
Department.
Section 2 . Amendment Section 13.24.070 of the Petaluma Municipal Code, entitled "Time of
day restrictions," is hereby amended by adding new subsection (D), to read as follow:
"The mooring or anchorage of vessels, regardless of size, is prohibited;with'in the City's
waterways between sunset of any - day and sunrise of the next day, except at established
public /private /commercial docks or when a bona fide emergency exists. Pursuant to
Section 13.24.130, the Public Works Director shall. post such signs as he deems
appropriate along the Petaluma River, from its junction with Washington. Creek,
downstream to the southern corporate limits of the City, giving notice of this
restriction."
Section 3 .- Amendment Section 13.24.100, entitled "Specific use and area restrictions," is
hereby amended` by amending subsection (D) thereof to read as follows:
"No person shall operate, anchor or moor any vessel larger than 18 feet in length on the
.Petaluma River- upstream of the Balshaw Bridge. Pursuant to. Section 13.24.130, the
.Public Works Director shall post such signs as he deems appropriate along the Petaluma
River, giving notice of this and other restrictions imposed by this section.."
Section 4 . Severability If any section, subsection, sentence, clause or phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and
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adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more
of said provisions. be declared unconstitutional, unlawful or otherwise. invalid.
Section 5 . Effective Date This ordinance shall become effective thirty (30) days after the date
of its adoption by the Petaluma City Council.
Section 6 . Posting The. City Clerk is hereby directed to post this ordinance for the period and
in the manner required by the City Charter.
INTRODUCED and ordered posted/published this day of 2004.
ADOPTED this day of , 2004 by'the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
Mayor-
APPROVED AS TO FORM:
City Attorney
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