HomeMy WebLinkAbout04 - Water-Propelled Vessels in Newport Harbor - Code Modification to Restrict and Regulate Operations - CorrespondenceCITY OF NEWPORT BEACH
Marine Activities Permit Extension
Permit No.: Extension of Permit 2014 -05
Jetpack Enterprises, LLC (dba Jetpack America)
2600 Newport Blvd, Suite 122
Newport Beach, CA 92663
PUBLIC WORKS DEPARTMENT
HARBOR RESOURCES
Received After Agenda Printed
May 26, 2015
Item No. 4
Permit Extension From: May 22, 2015 to November 22, 2015
Jetpack America
Business License No.: BT30036254 Expires: July 31, 2015
Boarding Location: 2600 Newport Blvd.
Parking Location: 2600 Newport Blvd.
Permitted Vessel(s)
Maximum Capacity
JetlevCF2588RV
1
Zodiac CF4409TZ
5
Sunseeker CF8507VP
8
Yamaha CF4657RV
2
Yamaha CF4757RU
2
This Marine Activities Permit extension is authorized with the following conditions:
1. This Marine Activities Permit extension is only valid for the dates, vessels,
parking and boarding location indicated above, and may be revoked if the
operational characteristics listed on the application change or the business
license and / or insurance documents expire.
2. This extended permit is valid until November 22, 2015, or until a new permit is
issued to a commercial operator pursuant to City Council Policy and the
Municipal Code, whichever occurs first.
3. This extended permit authorizes operations only in the Turning Basin as
illustrated by the Water Propelled Vessel Operation Area exhibit (attached), or in
such area(s) as directed by the Harbor Resources Manager. Operations shall
consistently rotate throughout the Water Propelled Vessel Operation Area so as
not to affect any given location for more than a short period of time.
4. Permittee shall provide insurance as required by the City's Risk Manager.
5. Newport Harbor has a speed limit of 5 mph, and all vessels must abide by the
speed limit.
6. See attached "Jetpack America Operations Plan" for specific operation
procedures including days and times of operations.
7. Jetpack America shall make every effort to continue to dampen the noise from
their operations, and shall update and document those changes to Harbor
Resources periodically. Jetpack America shall at all times comply with the City's
sound levels as provided in the Municipal Code.
829 HARBOR ISLAND DRIVE, NEWPORT BEACH, CA 92660
P (949) 644 -3034 1 F (949) 723 -0589 1 WWW.NEWPORTBEACHCA.GOV
Jetpack America
May 22, 2015
2
8. The Conditions in this permit may change at any time to adequately respond to
any issues that may arise.
9. All crew and passengers shall park at the above indicated location only.
10. Permittee shall provide adequate direction via maps and /or staff to ensure that
guests park at the indicated parking location.
11. No shuttle loading or unloading on City streets.
12. Passenger / provision loading and unloading shall occur at the above indicated
location only. No passenger / provision loading and unloading shall occur at any
fuel, public or residential dock or public beach.
13. Music and sound from the vessel(s) shall be controlled so as not to disturb a
person of normal sensitivity at a point 100 feet from the vessel(s).
14. Amplified sound shall not be audible beyond the vessel(s) while at dock.
15. Music, live entertainment and all forms of amplified sound are prohibited after
10:00 PM.
16. Air horns, whistles, bells and other noisemaking equipment shall not be used
except as required by Coast Guard regulations.
17. While cruising in the Harbor, the vessel(s) shall be moving at all times.
18. All trash and litter generated by the charter shall be disposed of in private
receptacles.
19. All Federal, State, County and City statues, rules, ordinances, laws and
regulations, including Title 17 of the Newport Beach Municipal Code, shall be
obeyed.
20. Vessel(s) shall be berthed in compliance with the applicable Newport Beach
regulations.
21. This extended permit shall be on board the vessel(s) during all charters.
22. No use of spotlights other than for navigational purposes.
23. Vessels shall not be serviced at residential locations.
24. No balloon releases. Mylar balloons are not permitted on the exterior of the
vessel(s).
25. All vessels equipped with marine sanitation devices shall comply with United
States Coast Guard requirements in the use of approved holding tanks for raw
sewage. Dye tablets shall be installed in the holding tanks during all charter
operations.
26. All required insurance shall be maintained in full force and effect for the full term
of the extended permit.
27. Approval of this extended permit shall not authorize the selling or distribution of
alcoholic beverages.
28. Permittee must keep accurate headcount records of all passengers for all
charters. Permittee is responsible for paying a passenger tax to the City each
month after receiving a monthly invoice from the Revenue Department.
29. This Marine Activities Permit extension may be revoked at any time pursuant to
the provisions in Municipal Code 17.10.090, or any successor section.
30. Any change in the permitted operations shall require approval of an amendment
to this extended Permit as determined by the Harbor Resources Manager and
pursuant to Title 17 of the Newport Beach Municipal Code.
I have read, understood and agree to comply with the above listed conditions. I
shall defend, indemnify and hold harmless the City of Newport Beach, the County of
Orange and the Orange County Service Area Number 26 and their respective officers,
Jetpack America
May 22, 2015
employees, agents and representatives, with respect to any claim or lawsuit alleging any
loss, damage, injury or entitlement that is in any way related to the issuance of the
Marine Activities Permit or the marine activities authorized by this extended Permit
unless such claim or lawsuit resulted from the sole negligence or willful misconduct of
any officer, employee, agent or representative of any of the aforesaid public agencies.
The City Council reserves the right to retain legal counsel to defend its interests in the
event of any litigation which the Permittee is obligated to defend pursuant to this
extended Permit. In the event the City Council retains special counsel to defend its
interest, the Permittee shall reimburse the City of Newport Beach for all expenses and
costs incurred by the City in defending the litigation, as well as paying and /or complying
with any judgment resulting from the litigation.
The Harbor Resources Manager, Harbor Commission or City Council, on
approval or review, shall have the power to impose new conditions or modify existing
conditions with regard to this extended Permit upon determination that the operations by
the Permittee, in the absence of the new or modified conditions, are not compatible with
the predominantly recreational character of Newport Harbor, the rights of -other persons
using Newport Harbor, the interests of residents and property owners whose properties
abut or are in close proximity to Newport Harbor, and the interest of the general public.
The City of Newport Beach is the Grantee of all Tides and Submerged Lands
bayward of the actual or adjudicated line of mean high tide. The issuance of the
extended Permit shall not be considered a waiver of the City's right or authority with
respect to any Tide or Submerged Lands which the Permittee uses to conduct
operations pursuant to this extended Permit. The City of Newport Beach hereby
expressly reserves the right to administer such Tide and Submerged Lands as it sees fit,
including, without limitation, the right to propose, require and approve a lease, franchise
or long term license as a condition to continued use and occupation of the Tide and
Submerged Lands.
I also understand that a violation of any of the above conditions or any
misrepresentation of material facts in the application shall result in the denial of future
permit applications for ninety (90) days and / or prosecution for violation of law.
Company Name: Jetpack Enterprises, LLC (dba Jetpack America)
Applicant's Signature:
Date: 5 �zi� 1�-
Print Name:
Harbor Resources: / ''' /V, ' /fb 0, S /Z L //
This permit extension is not valid until all parties have signed.
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Jetpack America Operations Plan
Operational Periods
October- February: 10am -4pm (flighttimeframe)
March - September: 10am -5pm (flight timeframe)
Standard daily operation begins one hour before the first flight time (9am arrival), which gives ample
time to check equipment, set up flight area, get first customers signed in and complete their orientation.
The operation wraps one hour after the last flight is completed, which gives time for clean -up,
equipment checks, etc.
Concession Location — Map A
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Concession Location — Map B
Office — All customers will check -in and sign waivers at the Jetpack America office prior to their flights.
All first -time customers will watch the instructional safety video and go through equipment training in
the office before proceeding to the Flight Area.
Dock Storage — AII jetpack boat unit equipment and support jet skis will be stored on in the Dock
Storage area, where all units will be inspected before and after each flight day. Additionally, all
equipment will be fully serviced each week during our scheduled weekly maintenance activities.
Flight Area(s) —To allow for safe handling of all customers and to minimize the impact on local
residents, the jetpack flight area will be in the open area of the Turning Basin, on the opposite end of
the area from the Lido Island residents. This operating area will keep customers out of the higher traffic
areas, provide good visibility for the instructor, support staff and other vessels and allow easy access
from the office. All pilots will always be kept within 100 feet of shore and will be instructed to maintain a
maximum of 5 mph. Instructors will maintain communication with the pilot via the walkie- talkie helmet
and the instructor assistant will maintain jet ski support for all customers in both areas.
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If two or more jetpacks are in operation, the flight areas will be split to give at least 50 feet of buffer
between customers, with each instructor being responsible for maintaining their customer's flight path,
and there will be at least one instructor assistant on a jet ski for every two customers.
If there are concerns with the flight area for a particular day (ex. weather, special event, etc.), the
Newport Beach Harbor Patrol can contact Jetpack America management by calling 888 -553 -6471 x2 to
discuss and adjust operations accordingly.
Staff -to- Customer Ratios
The staff -to- customer ratio will generally be 3:1, with one instructor on the pontoon boat or on the
flight jet ski, one instructor assistant available to provide support via a second jet ski and a third support
person on the pontoon boat.
If there are two jetpacks in operation, the staff -to- customer ratio will generally be 4:2 or greater, where
there will be one instructor on the pontoon boat or operating the throttle from the jet ski, one
instructor assistant available to provide support via a second jet ski and one additional staff member on
the pontoon boat providing assistance with customer staging.
Note: The staffing above should be recognized as "for customer flights only ". Since all Jetpack America
staff members are fully certified pilots, they do not require the instructor on the remote control nor the
instructor assistant on the jet ski. Customer pilots can be easily identified from the staff members, since
customers will always be flying with the walkie- talkie helmets during their flights.
Equipment Overview
The following equipment will be used for all customer flights:
Jetpack — The backpack the customer wears, which has the hose connection and nozzles, which direct
the water pressure downward to propel the pilot into the air. Although the pack weighs 28 Ibs, its
carbon fiber design allows it to float, so there's no risk of sinking while wearing the pack.
Jetblade — A foot - mounted system where riders strap into standard wakeboard boots and fly with the
water coming from the sides of the feet rather than from a backpack on the back. Like the jetpack, the
Jetblade is buoyant so there is no risk of sinking while in the water. The instruction process is very
similar to the jetpack, with instructors controlling throttle while giving directions via the walkie- talkie
helmet.
Hose —The 33 -40' hose, which connects the boat unit orjet ski to the system, transferring up to 1000
gallons of water to lift the pilot into the air.
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Jetpack Jet Ski —The new jetpack systems hook up to the back of a standard jet ski, with a u -pipe that
redirects the water flow to the front of the ski. The hose runs along the side of the ski and is tethered to
the front of the jet ski to keep it traveling forward. The instructor sits on the ski and throttles manually
rather than via remote control.
Support Jet Ski —The Instructor Assistant provides support via a second jet ski. Note: The jet ski will not
be used for Jetpack America staff members and experienced pilots who have been signed off to Level 5
or higher on the Returning Pilot Skills Matrix.
Life Vest — All pilots wear a USCG- approved life vest for the duration of their flights.
Remote Control —The Instructor on the beach will maintain throttle control for the duration of all first-
time pilots' flights. The Instructor also has the ability to override experienced pilots' throttle, should
they get into a dangerous situation.
Walkie - Talkie Helmet —AII pilots wear a waterproof walkie- talkie helmet, which allows the instructor to
communicate with the pilot throughout their flight, providing step -by -step instruction as the flight
occurs. This training method allows most first -time pilots to begin flying in five minutes or less.
Training Requirements for Staff
All Instructors are CPR - certified and receive Certified Flight Instructor designation from our Jetpack
Academy through a comprehensive certification course. Jetpack America is working with the US Coast
Guard to create a limited license for jetpack instructors that will satisfy the new Coast Guard regulation
that requires all jetpack instructors to have Operator Uninspected Passenger Vessel (OUPV) captain's
licenses.
All Instructor Assistants must be CPR - certified and demonstrate the necessary support skills for the
position (jet ski operation, swimming skills, shadow - flying, etc.)
Training Requirements for Customers
All customers must complete the following steps as part of their jetpack flight experience:
- Read and sign liability waiver
- Prove a thorough understanding of the English language
- Watch Jetpack Flight Training Video
- Watch Equipment Overview
- Watch Flight Control Overview
- Demonstrate all required flight skills in Training Pack before proceeding to Flight Area
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Confirm all equipment fits and walkie- talkie instructions are clearly heard before entering
water
Listen to all flight commands from the Instructor onshore for the duration of the flight
o Instructor reserves the right to stop a customer's flight at any time, if he /she is not
following instructions or is flying in an unsafe manner
Age restrictions
Solo- flying customers must be at least 16 years of age. If under the age of 18, at least one of the minor's
parents /guardians must be on -site for the duration of the flight experience and sign the parental liability
waiver.
Our tandem jetpack setup allows a Certified Flight Instructor to fly with children between the ages of 5
and 15 and between 35 lbs and 150 lbs.
Weight restrictions restrictions
Individual flight customers must be between 85 and 350 lbs to participate. Tandem customers must be
between 35 lbs and 150 lbs.
Height restrictions
Individual flight customers must be between 5'0" and 7'0" to participate. Tandem customers must be
between 3'0" and 5'6 ".
Weather Considerations
The jetpack can be operated in most weather conditions, including moderate wind and chop. If
conditions in the Flight Area worsen beyond 2 -foot waves, 20 -knot wind, lightning or heavy fog, all
flights will be halted until weather conditions improve.
Emergency Response Plan
In the event of a water or land emergency, the following steps would be taken:
- Call 911 to report the incident and request lifeguard assistance (both Instructor and
Instructor Assistant have cell phones on them at all times, so the person who is closest to
the customer would attend to the customer, while the other calls 911). For non - emergency
incidents, call Harbor Patrol on Channel 16 or at 714 - 647 -7000 to report details of the
incident. If the incident occurred in the water:
o The Instructor Assistant on the support jet ski responds to the customer, ,
determining if the customer is conscious or unconscious
o If the customer is unconscious:
The Instructor Assistant's first objective is to ensure the customer is
breathing and there are no obstructions of the airways
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• To avoid potential back /spinal trauma, the customer should be left in the
pack to provide stable support while the customer is brought to shore,
either by swimming the customer floating face -up in the pack or by using
the jet ski to slowly tow in
• Only if the customer requires CPR should they be released from the pack
• Wait for Harbor Patrol assistance
o If the customer is conscious:
• The Instructor Assistant communicates with the customer to determine the
severity of the injury
• If the customer is able, he /she will grab the tow rope on the jet ski and be
pulled to shore
• If the customer is unable to hold the tow rope, the Instructor Assistant will
get into the water to assist with the situation and pull the customer to
shore, either in the jetpack or after releasing him /her from it
If the incident occurred out of the water:
o The Instructor attends to the customer determining if the customer is conscious or
unconscious
o If the customer is unconscious:
• The Instructor's first objective is to ensure the customer is breathing and
there are no obstructions of the airways
• To minimize potential neck or back trauma, the customer should be left in
the pack to provide stable support
• Only if the customer requires CPR should they be released from the pack
• Wait for Harbor Patrol assistance
o If the customer is conscious:
• The Instructor communicates with the customer to determine the severity
of the injury
• The Instructor communicates the status to the Instructor Assistant to share
with the Lifeguards upon their arrival
After the customer has been stabilized on shore, Harbor Patrol will determine if the
customer requires paramedic support or if he /she can be released on their own or to
family /friends on -site. If Harbor Patrol determines the customer requires paramedic
support, the customer will be turned over to paramedics to determine next steps.
After any incident, the instructor on -site completes an incident report (see below) with the
full details of what occurred, how it can be prevented in the future and any other feedback
File a Marine Casualty Report with the US Coast Guard (619- 278 -7241) to report the details
of the incident, provided the incident meets the definition of a Marine Casualty, per
Maritime Safety and Security Bulletin: 005 -13.
Communications
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Most communications occur through the walkie- talkies, which both the Instructor and Instructor
Assistant have on them at all times. If there is an issue with the walkie- talkies (i.e. battery is dead, radio
is dropped in the water, etc.), then verbal communications (within earshot) or hand signals (out of
audible range) are used.
Additionally, there will be at least one cell phone at the Flight Staging Area, since general operational
communications are handled through text messages (informing assistants of customer's flight time,
flight duration, video package, etc.). This cell phone can be used to call 911 in emergency situations.
Emergency Signals
Since both the Instructor and Instructor Assistant have walkie- talkies, the primary method of
communication is via the walkie- talkies, but there are hand signals that are used in addition and in case
of issues with the walkie- talkies.
Thumbs Up — Everything is good
Thumbs Down — Something is wrong
Hand motion across the throat— Cut the engine (if engine is running), unit is out of gas (if engine is not
running)
Waving arm in customer's direction — Requesting assistance in the water
In most cases, the flight area is within earshot, so verbal communication is usually sufficient.
Accident or Incident Reports
The following is available in a separate document:
Date
Employee
Name
Title /position
Incident
Date
Time
Location
Jetpack America Incident Report
Manager
Name
Title /position
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Description of incident (equipment damage, injuries, waivers signed, etc.)
Employee explanation
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Witnesses
Action to be taken (repairs, medical attention required, etc.)
By signing this document, you acknowledge that you have read and understood
the information contained herein.
Employee Manager
Date Date
www.JetpackAmerica.com
Received After Agenda Printed
May 26, 2015
Item No. 4
From:
Miller, Chris
Sent:
Tuesday, May 26, 2015 7:40 AM
To:
Brown, Leilani; McDonald, Cristal
Subject:
Fwd: Favorites
Chris
Sent from my Wad
Begin forwarded message:
From: Randy Curry <rcurry ,currylawyers.com>
Date: May 25, 2015 at 10:08:37 PM PDT
To: Dave Kiff <DKiff@newportbeachca.gov >, Chris Miller <CMiller@newportbeachca.eov >,
<kmuldoon(cDnewportbeachca.gov >, <cm- rvk@Pfm.com >, <TPettosCaNewportBeachCa.gov >,
<SPeotterna,NewportBeachCa.gov >, <EdSelichna,roadrunner.com >,
< DDuffield@,,,NewportBeachCa.gov >, <DDixon(aNewportBeachCa.eov>
Subject: Favorites
Mr. Kiff:
You have been noticed and are well aware of past improper conduct of Jetpack America,
including improper utilization of public beaches by Jetpack for advertising and ferrying
customers. You are well aware of concerns that Jetpack has sought to curry favor from public
employees by offering free Jetpack rides. You are also very aware of the strong resident
objection to continued Jetpack operations and of City Council promises to restrict and limit a
single commercial Jetpack operation, not necessarily that of Dean O'Malley's Jetpack
America. You are also very aware that a committee authorized by the City Council completed a
months long study that concluded Jetpack was too unsafe and should be banned in Newport
Bay. You have also been copied on my emails to the City Council.
The attached document evidences that you directed Chris Miller to extend the Jetpack America
operation permit for six (6) months. As I requested of Chris Miller earlier today, please
immediately forward a copy of that document to me. Please also forward copies to all members
of the City Council. Further, please advise as to who advised you, communicated with you, and
gave you authorization to extend the permit for six (6) months.
Please provide me with complete copies of all relevant documents regarding this permit
extension, including copies of all communications with any person regarding this matter, and
also provide copies to all members of the City Council. Further, please advise as to why the City
Council was not provided with the opportunity to comment upon any permit extension, provide
input, or ensure that promised Jetpack operational limitations were included and agreed upon by
Dean O'Malley and Jetpack America prior to the permit extension being authorized. Further,
please advise as to why the members of the City Council were not provided with copies of the
document or documents extending Jetpack America's operational permit for six (6) months.
I anticipate your immediate response, including the immediate forwarding of all requested
documents to me and to the City Council well in advance of the City Council meeting tomorrow.
Please make this email a part of the public record in this matter. Thank you.
Randy Curry
http:// novusaaendapublic .newportbeachca. gov /Mobile /Item View. aspx ?agendaitemid- 5786 &mee
timid =695
Sent from my iPhone
From:
Miller, Chris
Sent:
Tuesday, May 26, 2015 7:34 AM
To:
Brown, Leilani; McDonald, Cristal
Subject:
Fwd: Jetpack
I think this includes many of them from this weekend
Chris
Sent from my Wad
Begin forwarded message:
From: Randy Curry <reurryncurr l wyers.com>
Date: May 25, 2015 at 4:56:10 PM PDT
To: Dave Kiff <DKiffAnewportbeachca.gov >, Chris Miller <CMiller a newnortbeachca aov >,
"kmuldoon a newportbeachcagov" < kmuldoon(cr�newportbeachca.gov >, "currykCa�,pfm.com"
<curr k fin.com >, "TPetros ,NewportBcaehCa.goy" <TPetros(a NcwportBeachCa.gov >,
"SPeotterkNewportBeachCa gov" <SPeottern NewportBeachCa.gov >,
"EdSelichLdroadrunner.com" <EdSelichLiroadrunner.com >,
"DDufficldANewportBeachCa.gov" <DDuffieldgNewportBeachCa.eov >,
"DDixona,NewportBeachCa.gov" <DDixon(cdNewportBeachCa.gov>
Subject: Re: Jetpack
Dear Council:
As you know, I have requested a copy of the Marine Activities Permit which recently extended
the operational permit of Jetpack America for six (6) months. The fact that this was to be
extended was not, to my knowledge, ever shared with the public. Further, the contents of the
document, and whether there are operational limitations contained therein as promised by you,
has not been disclosed to the public. Why?
Have any of you seen this document? It certainly was not subject to any public review or
scrutiny prior to its issuance. Did any of you have any input? Who determined its
contents? Please respond.
Please make this a part of the public record in this matter. Thank you
Randy Curry
Sent from my iPhone
From:
Miller, Chris
Sent:
Tuesday, May 26, 2015 7:33 AM
To:
Brown, Leilani; McDonald, Cristal
Subject:
Fwd: Jetpack
Chris
Sent from my iPad
Begin forwarded message:
From: Randy Curry <randydcurrylawggmail.com>
Date: May 25, 2015 at 4:21:59 PM PDT
To: "CMiller ncwportbeachca.gov" <CMiller n newnortbcachca.gov>
Cc: Diane Dixon <DDixon n NewportBeachCa.gov >, Dave Kiff <DKiff(anewportbeachca.eov >,
Chris Miller <CMillergnewportbeachca.gov >, "kmuldoon t,newportbeachea.gov"
< kmuldoon (cr),newportbeaehea.gov >, "eurryk&pfin.eom" <currYkgpfm.com >,
"TPetrosgNewportBeachCa.gov" <TPetros(cLNewportBeachCa.gov >,
"SPeottergNewportBeachCa.gov" <SPeotter(cLNewportBeachCa.gov >,
"EdSelich(jLroadrunner.com" <EdSelich(),roadrunner.com >,
"DDuffield a,NewportBeachCa.gov" <DDuffield cr NewportBeachCa.gov >,
"shannon@ne)vportbeachca.gov" <shannon cr newportbeachca. ov>
Subject: Jetpack
Shannon:
My email to Chris Miller, set forth immediately below, was kicked back with an indication to
contact you as he is unavailable until June 6. Please immediately process my request and
respond to me by email
Thank you,
Randy Curry
Chris:
Please immediately email me a complete copy of the Marine Activities Permit, whether the
document is under that name or any other, which recently extended Jetpack America's
operational permit for another six (6) months. I would like to see what, if any, operational
limitations or mandatory guidelines are contained therein. If sending a copy is determined
inappropriate for any reason, or if anyone objects, please advise, providing the complete reasons
and the name(s) and title(s) of any person(s) responsible for the determination not to provide me
with a copy of this document.
Thanks,
Randy Curry
Sent from my iPhone
From:
Miller, Chris
Sent:
Monday, May 25, 2015 1:46 PM
To:
Brown, Leilani; McDonald, Cristal
Subject:
Fwd: Jetpack
Chris
Sent from my Wad
Begin forwarded message:
From: Randy Curry <rcurryLycurrylawyers.com>
Date: May 25, 2015 at 11:08:18 AM PDT
To: Dave Kiff <DKifftnewportbeachca.gov >, Chris Miller <CMilter newportbeachca.gov >,
"kmuldoon cr newportbeachea.gov" <kmuldoonAnewportbeachca.gov >, "curryk(i pfm.com"
<currykkI?fm.com >, "TPetrosLdNewportBeachCa.gov" <TPetros tvNewportBeachCa.gov >,
"SPeotter cr,NewportBeachCa.gov" <SPeottergNewportBeachCa.aov >,
"EdSelich(cLroadrunner.com" <EdSelich(?roadrunner.com >,
"DDuffield@NewportBeachCa.gov" <DDuffield a,NewportBeachCa.gov >,
"DDixon(a,NewportBeachCa.gov" <DDixon aNewuortBeachCa.aov>
Subject: Re: Jetpack
Dear Council:
Public reaction that I have heard, in reaction to the multiple changes and /or modifications to the
proposed ordinance, indicates total public confusion as to what you are now considering. The
public comments I have heard even question whether you know what promises are now intended,
or not intended, to be a part of the ordinance you are voting on, or any resulting RFP.
The public does remember what was verbally promised by you on the record. However, the
public reaction I have heard is critical of you for failure to back up your promises, in writing, in
the form of a proposed ordinance inclusive of all promised Jetpack limitations, or in the form of
a proposed RFP to which the public can publicly comment offering input and possible criticism
prior to enactment.
In light of the promises of transparency which was the basis of the campaigns of many of you,
and in light of concerns over stringent Jetpack limitations which caused some of you to disregard
the study concluding that a Jetpack operation is too unsafe in Newport Bay, please inform the
public of the specific detailed limitations under which you will allow Jetpack to operate.
Alternatively, if you are going to delegate all of this to Chris Miller for his determination,
without interference by the City Council members, Dean O'Malley, or the public, then please tell
us and have your ordinance make this clear. Then, the public can either accept or comment upon
your decision.
Please make this email a part of the public record in this matter. Thank you.
Randy Curry
Sent from my iPhone
On May 23, 2015, at 8:46 PM, Randy Curry <rcurry(aDcurrylawyers.com> wrote:
Dear Council:
Who is responsible for requesting a redrafting of the ordinance you voted on and
upon which you verbally, as evidenced by the public record, made specific
promises to limit the location and extent of a single commercial Jetpack
operation? Are you intentionally breaching your promises?
Why is there no mention of the specific insurance requirements and
indemnification agreement you verbally promised any Jetpack operation would be
required to comply with, in an attempt to try to protect the city from potential
liability? Are you intentionally exposing the City of Newport Beach to potential
liability in protecting Jetpack?
Why does the newly drafted ordinance provide for an RFP every five (5) years
instead of on the standard one (1) year basis? Who made the decision to give this
special preference and why?
It appears to me that those of you voting to protect Jetpack are attempting to pull
the wool over the eyes of fellow City Council members and the voters and
residents of Newport Beach. If this is your intent, it is clearly inappropriate.
Please make this email a part of the public record in this matter.
Randy Curry
Sent from my iPhone
On May 23, 2015, at 4:19 PM, Randy Curry
<rcurry@currylawyers.com> wrote:
Dear Council:
I want to make sure that you do not misinterpret my email sent
earlier today. I have the utmost respect for Chris Miller, the
Newport Beach Harbor Resources Manager. All of us should
carefully consider his opinions, as he has more knowledge than
any of us regarding this Jetpack matter.
Chris Miller was one of those who spearheaded the Council
appointed Committee which, after a study that took several months
to complete, advised you to ban Jetpack in Newport Bay because it
is too dangerous. He told you he had personally witnessed a near
accident involving Jetpack. You ignored Chris Miller, you ignored
the Committee Report, and despite numerous requests, those of
you supporting Jetpack never explained your reasons for ignoring
the Committee Report the City Council commissioned. This was
a waste of important time and money.
I personally find it disingenuous that you would now expect Chris
Miller to be responsible for determining a "safe" place for Jetpack,
when he told you there is no safe place in Newport Harbor. Maybe
you would unfairly like to make him the scapegoat if an injury or
death occurs in the future.
It seems Chris Miller may be destined to make the forced decision
on where to stick the Jetpack operation. I would love it if Chris
Miller, without fear of losing his job, could tell those of you
supporting this inherently dangerous operation just where he thinks
you should stick it.
Please make this email a part of the public record.
Randy Curry
Sent from my iPhone
On May 23, 2015, at 2:45 PM, Randy Curry
<rcurrvgcurrylawyers.com> wrote:
Dear Council:
I am confused. I thought the you voted 4 -2, in favor
of the "alternative" ordinance, to ban private
operators and authorize a single commercial
operator, in the turning basin only, between Lido
Village and the bridge. I thought the City Council
would choose the commercial operator, allowing
public comment, following an RFP. This is what
you said you would do, on the record.
Now, Jetpack's permit has been quietly extended for
six months. Further, Dean O'Malley has sent emails
evidencing he does not intend to immediately move
the operation to the turning basin, which was the
basis of the "alternative" ordinance upon which you
voted. Instead, he announced he will move over
time. Who is calling the shots here?
Now, totally contrary to public comments you made
prior to your vote, the proposed ordinance has been
quietly changed. Unless I am missing something,
you are now intending to leave the ordinance silent
about the operational restrictions of the single
commercial operation within the locale of the
turning basin. There is no requirement that Dean
O'Malley immediately move his operation to the
turning basin between Lido Village and the
bridge. And, most glaringly, you are delegating full
power and control of this process to the Harbor
Resources Manager, in an apparent attempt to avoid
further public scrutiny of the City Council and to
curtail the ability of the public to continue to weigh
in regarding concerns regarding Jetpack.
The terrible and unfair effect of such a City Council
decision is that the Harbor Resources Manager,
unlike you, is not required to address concerns of
Newport Beach residents in a public forum. The
Harbor Resources Manager is not an elected official
subject to public scrutiny.
While some of you may be tired of the public
scrutiny, and of hearing the public sentiment against
4
the Jetpack operation, it is time that you back up
your promises regarding the limitations regarding a
single commercial operation. Alternatively, ban
completely, as you should have done in the first
place.
I request that this email be attached to the public
record.
Randy Curry
Now, the proposed ordinance
Sent from my Whone
Received After Agenda Printed
May 26, 2015
Item No. 4
From:
Miller, Chris
Sent:
Saturday, May 23, 2015 2:16 PM
To:
Brown, Leilani; McDonald, Cristal
Cc:
Levin, Shannon
Subject:
Fwd: Extending the olive branch...
Not sure if this needs to be posted on Tuesday - the Council was just copied on this email. Wasn't directed to
them specifically. Your call.
Please coordinate anything that comes up with Shannon as I'll be on vacation next week and following.
Thanks ... and happy Memorial Day!
Chris
Begin forwarded message:
From: Don & Judy Cole <lagunahouse(a,me.com>
Date: May 23, 2015 at 10:13:51 PDT
To: "dean@jetpackamerica.com" <dean(a,jetpackamerica.com>
Cc: "cmiller(a,newportbeachca.gov" <cmiller@newportbeachca.zov >, Dave Kiff
<dkiff(a,newportbeachca.gov >, Diane Dixon <ddixongnewportbeachca.gov >,
"speotter@newportbeachca.gov" <speotter@newportbeachca.gov >, "curryk@pfin.com"
<curryk pfin.com >, "tpetrosna,newportbeachca.gov" <tpetros@,Llnewportbeachca.gov >,
"EdSelichna,roadrunner.com" <EdSelich(a,roadrunner.com >, "dduffield@newportbeachca.gov"
<dduffield(a )newportbeachca.gov >, "kmuldoon ,newportbeachca.gov"
<kmuldoon@newportbeachca. gov>
Subject: Re: Extending the olive branch...
Dean,
We were out of town for the last City Council meeting, but have been catching up on the news
since our return and wanted to respond to your email extending the "olive branch ".
If we haven't been clear before, let us reiterate- we are not jetpack opponents and we are not
against your business. We- along with many other property owners, residents and harbor users -
just don't feel that any water propelled vessels should be operated inside of the harbor. In our
opinion, it is not a good fit or precedent for our harbor. Operations like yours operate
successfully in the ocean all around the world, and there just isn't a place in the harbor where
there isn't negative impact. The City Council majority didn't agree so we'll just have to see how
the new regulations and restrictions work out.
As far as minimizing your impact on the neighboring community, if you keep your operation
between Lido Marina Village and PCH- away from the west end of Lido Island and the residents
on Via Lido near the sailing club- that would go a long way to abate the noise and wake issues
for residents at our end of the turning basin. There aren't any residences in Lido Marina Village
or the area across the harbor on PCH that we are aware o£ That area at the far end also has less
harbor traffic and won't be an issue with the proposed anchorage off the west end of Lido or the
new location of the party boats when the docks are redone and they move.
In our opinion there are a few other issues that we do not think have been adequately addressed.
Your operation already carves out a large footprint in the harbor with one flyer and your escort
vessels. We do not believe that it should be permitted to increase that footprint with more than
one flyer at the same time. Further, it would behoove you to reinforce to your employees the
importance of maintaining the speed limit. On Wednesday at the end of the day in front of our
house we took a video of a hot shot flyer (without a helmet) doing tricks and speeding- at least
10 to 15 knots. While you may not have been cited in the past, we have witnessed this frequently
in the harbor.
It appears that there have been significant changes to the ordinance and the item on the agenda
for this coming Tuesday is different from what was introduced at the last meeting, so we are
confused as to authorization and limitations. Hopefully this will be cleared up and the City will
ensure that there are sufficient permit regulations and restrictions that will protect property
owner's, resident's and harbor user's rights while at the same time allow your customers to enjoy
their activity.
Don & Judy Cole
Sent from my iPad
On May 13, 2015, at 9:54 PM, Dean O'Malley <dean aJetpackamerica.com> wrote:
Don, Judy and Pam,
I hope you don't mind, but I pulled your email off the public record from the past
water - propelled vessel agenda attachments.
I know there's been a lot of back and forth with the jetpack topic over the past
few months (and the past few years, to be honest) and I know the vote last night
may not have gone the way you had wanted it to, but I wanted to reach out to you,
and each of the jetpack opponents, to extend the olive branch and see how we can
work together rather than against each other going forward.
As you may know, I am constantly trying to improve my business, so it's better
not only for our customers, but for our neighbors, the city and the other harbor
users. As part of that goal of constant improvement, I always welcome any and all
input, whether it's from customers, boat owners, competitors or anyone else who
may come in contact with us.
My hope is that we can work together over the coming weeks and months to
figure out ways to minimize our impact on the neighboring community while
maximizing the enjoyment of the customers who are participating in the activity.
I have a lot of ideas on sound - dampening and noise abatement, so please let me
know if you'd ever like to come down to our office to provide your input on some
of the techniques we're considering to help address these issues. I understand that
the best solution is no noise at all, but hopefully we can at least move things in the
right direction to make a considerable improvement.
Now that we have some feeling of security that we might actually be able to stick
around, I can focus more time (and commit more resources) to mitigating some of
the issues that have been raised, with sound being one of the top concerns.
As always, please do not hesitate to reach out to me with any input you have via
email, text or phone.
Sincerely,
Dean O'Malley
Jetpack America
Cell: 949- 400 -9790
www.Jeti)ackAm e rica. com
Facebook, Twitter, lnstaeram
Received After Agenda Printed
May 26, 2015
Item No. 4
From: Dean O'Malley <dean @jetpackamerica.com>
Sent: Monday, May 25, 2015 4:29 PM
To: Kiff, Dave; City Clerk's Office
Cc: Miller, Chris; Levin, Shannon
Subject: Submission for Public Record and Inclusion in 5126 City Council Meeting
Attachments: Turning Basin Flight Aree.pptx
Categories: Jennifer
Mr. Kiff and City Clerk,
Please include the attached map below in the public comments and prepare to display the map on the overhead
projector for tomorrow night's city council meeting agenda item discussing water - propelled vessels.
In addition, I'd like to submit the following comments.
Since the 5/12 council meeting, we have been extremely busy moving forward on the new plan, so I would like
to share some updates on what's been going on.
First, I personally reached out to each of the individuals who have been outspoken in their opposition of
allowing continued use of water- propelled vessels in the harbor, extending the figurative olive branch in an
attempt to work together on their concerns to find workable solutions. For those most concerned about safety, I
invited them down to our office to view our training process and learn more about all of the safety protocols we
have in place. For those most concerned about noise, I welcomed input on noise abatement techniques we're
looking to employ, which include noise - dampening foam for inside and outside the jet ski hull as well as after -
market jet ski mufflers.
As of Tuesday (5/19), we have halted operations in the Rhine Channel and transitioned all flights to the Turning
Basin, which has required some minor changes to our process, but we've once again proven our flexibility and
made it work with minimal customer impact. The first couple days in the Turning Basin were a bit of a
challenge, as we worked around the Boat Show clean-up efforts, but now that the docks have been removed,
there is plenty of space for us to operate.
The attached slide below is an overview of the Turning Basin and our new operation within it. Per the new
Marine Activities Permit, our operation will travel around the perimeter of the Turning Basin, coming no closer
than 200 feet from shore, which is delineated by the red line on the map. At five spots around the Turning
Basin, we took sound readings, which show the average decibel range while our operation was at its closest
point in the water and the occasional spikes, which were often cars driving by or planes overhead rather than
noise from our operation. As the operation moves through the Turning Basin and the distance from shore
increases, the noise quickly falls to inaudible levels.
From the Noise Pollution Clearinghouse website, nonoise.ore, a standard jet ski produces 80 decibels of noise at
a distance of 20 feet. And noise levels drop by 5 decibels at each doubling of distance, which means noise levels
would be 75 db at 40 feet, 70 db at 80 feet, 65 db at 160 feet, and 60 db at 320 feet, which is the noise level of a
typical verbal conversation.
With an operating distance of 200 -1500 feet from closest to farthest points in the Turning Basin, we can expect
our noise levels to be roughly between 45 and 65 decibels, which is well below the typical ambient noise levels
in that area. What this means is that, at most times during our operating day, the typical person along the
perimeter of the Turning Basin may be able to see our operation, but will not be able to hear it.
We will continue our efforts to reduce overall noise levels, but hopefully the research above demonstrates the
minimal impact our operation will have, given the new plan. We encourage city officials and concerned
residents to stop by the Turning Basin to see our operation with their own eyes and, more importantly, hear it
with their own ears. We're confident most people will find us to be respectful to other harbor users as well as
surrounding neighbors.
Thank you,
Jetpack America
Cell: 949 - 400 -9790
www.JetpackAmerica.com
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