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Home My WebLink About03 - Water-Propelled Vessels Prohibition�EWPpRT CITY OF °� @z NEWPORT BEACH <,FORN'P City Council Staff Report n February 14, 2017 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Shannon Levin, Harbor Analyst, shannon@newportbeachca.gov PHONE: 949-644-3041 TITLE: Prohibition of Water -Propelled Vessels Above the Water Surface in Newport Harbor ABSTRACT: Water -propelled vessel activity in Newport Beach (City) peaked in 2014 with multiple commercial operators in Newport Harbor. Only one operator was officially permitted, Jetpack America, which operated from 2009 through 2016. In 2016, Jetpack America closed its Newport Beach business. Now that there are no commercial or private recreational operators in Newport Harbor, staff and the Harbor Commission recommend prohibiting all water -propelled vessels that operate above the water surface in Newport Harbor. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Introduce Ordinance No. 2017-2, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Subsection 17.20.060(B) and Repealing City Council Policy H-6 to Prohibit the Operation of Vessels Propelled by Water Above the Surface of Newport Harbor, and pass to second reading on February 28, 2017. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 3-1 Prohibition of Water -Propelled Vessels Above the Water Surface in Newport Harbor February 14, 2017 Page 2 DISCUSSION: In 2014, the Harbor Commission studied the impacts of vessels propelled above the water surface (Jetpacks) in Newport Harbor. Concerns for safety, noise, and speed of these types of vessels were noted and the City Council met in a Study Session in February 2015 to review the issue. City staff was asked to bring back an Ordinance and Policy that would prohibit all private operations of vessels propelled above the water surface in Newport Harbor but would allow only one operator within the Harbor, as selected by a competitive process. On June 23, 2015, the City Council adopted Ordinance No. 2015-13, which prohibits the operation of vessels propelled by water above the surface of Newport Harbor, unless authorized by City permit. At this meeting, the City Council also adopted City Council Policy H-6, which prohibits personal operation of these vessels and limits commercial operations to a single operator. Council Policy H-6 authorizes the Harbor Resources Manager to issue a single, commercial operator's permit. In September 2015, staff issued a request for proposals for commercial operation of vessels propelled above the water surface in Newport Harbor as authorized by City Council Policy H-6. The license agreement was awarded to Jetpack America as a condition of the Marine Activities Permit (MAP). Jetpack America's MAP expired in November 2016, and they subsequently closed Newport Beach operations. During the past year, the Harbor Commission has further reviewed and noted the incompatibility of these operations with the competing uses in Newport Harbor. The Harbor Commission recommended a complete prohibition at its February 8, 2017 meeting. Staff recommends adopting Ordinance No. 2017-2 prohibiting the operation of all vessels propelled above the water surface in Newport Harbor and repealing City Council Policy H- 6 (Attachment A and B). ENVIRONMENTAL REVIEW: Staff recommends the City Council 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). NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Ordinance No. 2017-2 Attachment B — Redline Draft of Amended Municipal Code Subsection 17.20.060(B) 3-2 Attachment A ORDINANCE NO. 2017 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING NEWPORT BEACH MUNICIPAL CODE SUBSECTION 17.20.060(B) AND REPEALING CITY COUNCIL POLICY H-6 TO PROHIBIT THE OPERATION OF VESSELS PROPELLED BY WATER ABOVE THE SURFACE OF NEWPORT HARBOR WHEREAS, Section 200 of the Charter of the City of Newport Beach (City) vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitutions, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, Newport Harbor is one of the largest recreational small craft harbors in the United States, and its waters and shoreline support a wide variety of commercial, recreational and residential uses, and scenic and biological resources; WHEREAS, City staff has received complaints from residents living around Newport Harbor regarding noise, exhaust, wake and speed violations related to water propulsion vessels; WHEREAS, the water propulsion vessel business is relatively new and there is a lack of sufficient information regarding their safety and operational characteristics; WHEREAS, there is a distinct lack of available space to accommodate water propulsion vessels in Newport Harbor. Given the unique operational characteristics of water propulsion vessels (e.g., separate vessels for power and for holding the user as well as a third vessel for staging, staff and loading purposes), they have the potential to impact access to navigational channels and could endanger users as well as other persons within and around Newport Harbor; WHEREAS, the City Council adopted urgency Ordinance No. 2014-11 on June 24, 2014 establishing a six (6) month temporary prohibition on the issuance of Marine Activities Permits to persons and businesses desiring to establish water propulsion vessel operations within Newport Harbor; WHEREAS, during the time the temporary prohibition was in place, City staff, a Harbor Commission ad hoc committee, and the Harbor Commission held numerous 3-3 public meetings where they solicited testimony, experiences, and feedback regarding the compatibility of water propulsion vessel operations with other uses in Newport Harbor; WHEREAS, the Harbor Commission concluded that the public's concerns were predominantly related to noise and safety, and that because some of the operators are inexperienced, there is potential for accident and injury; WHEREAS, the Harbor Commission based upon all of the evidence presented to it recommended the City Council prohibit the operation of vessels propelled by water above the surface of Newport Harbor; WHEREAS, on May 26, 2015 the City Council introduced Ordinance No. 2015- 13 and adopted Resolution No. 2015-39 allowing for up to one commercial water propulsion vessel business to operate within Newport Harbor; WHEREAS, since 2015 the City has continued to receive complaints from residents and visitors related to the negative impacts associated with vessels propelled by water above the surface of Newport Harbor; WHEREAS, the Ione commercial operator in Newport Harbor has voluntarily decided to relocate its business outside of Newport Harbor, allowing the City to reconsider its allowance of this type of activity; and WHEREAS, the City desires to prohibit the operation of vessels propelled by water above the surface of Newport Harbor by private recreational users and businesses to ensure the health, safety and welfare of the public and the compatibility of uses within Newport Harbor. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council hereby amends Newport Beach Municipal Code Subsection 17.20.060(B) to read as follows: B. The provisions of this section do not apply to the operation of any vessel by any public agency or any person responding to an emergency on behalf of any public agency. 3-4 Section 2: The City Council hereby repeals City Council Policy H-6 Water -Propelled Vessels in Newport Harbor and City Council Resolution No. 2015-39. Section 3: The recitals provided above are true and correct and are incorporated into the substantive portion of this ordinance. Section 4: 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, sentence, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the approval of this ordinance 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. Alternatively, the City Council finds the approval of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published pursuant to Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of , 2017, and adopted at a regular meeting of the City Council of Newport Beach, held on the day of , 2017, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS 3 3-5 ABSENT COUNCILMEMBERS KEVIN MULDOON, MAYOR APPROVED AS TO FORM: THEORNEY'S OFFICE C E v (J�() AARON C, ARP. CITY ATTORNEY ATTEST: LEILANI I. BROWN, CITY CLERK 3-6 Redline Draft of NBMC Subsection 17.20.060(B 17.20.060 Air and Water Propulsion Vessels Prohibited. B. The provisions of this section do not apply to the operation of any vessel by any public agency; or any person responding to an emergency on behalf of any public agency_, MaRager, or his or her desigRee, to operate a vessel that is powered er MaReuvered by meaRS Of R;eGhaRiGal water propulsion above Newpert HarbeF's water surfaGe, 3-7