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HomeMy WebLinkAbout04 - Regulating and Limiting Vessels Propelled by Water Above the Surface of HarborCITY OF NEWPORT BEACH - City Council Staff Report June 9, 2015 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644 -3330, dawebb @newportbeachca.gov PREPARED BY: Shannon Levin, Harbor Analyst PHONE: (949) 644 -3041 TITLE: Second Reading of Ordinance No. 2015 -13, Regulating and Limiting Vessels Propelled by Water Above the Surface of Newport Harbor ABSTRACT: On May 26, 2015, the City Council introduced and conducted first reading of 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. RECOMMENDATION: Conduct a second reading and adopt Ordinance No. 2015 -13, An Ordinance of the City Council of the City of Newport Beach, California, Regulating and Limiting the Operation of Vessels Propelled by Water Above the Surface of Newport Harbor. FUNDING REQUIREMENTS: No funding requirements. DISCUSSION: At the May 26, 2015 City Council meeting, the City Council introduced and conducted first reading of Ordinance No. 2015 -13 to prohibit operation of all vessels propelled by water above the surface of Newport Harbor, unless separately authorized by City permit. At this same meeting, the City Council also adopted City Council Policy H -6, which allowed for the operation of up to one commercial water - propelled vessel operator. Selection of this one commercial operator is determined through a competitive request for proposal process administered by the Harbor Resources Manager, or his or her designee. ENVIRONMENTAL REVIEW: Staff recommends the City Council find the adoption of Ordinance No. 2015 -13 is exempt from 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 4 -1 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 adoption of Ordinance No. 2015- 13 is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. 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: Description Attachment A - Ordinance 4 -2 ATTACHMENT A ORDINANCE NO. 2015 - 13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA REGULATING AND LIMITING 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, the City's Harbor Resources Division has received inquiries and Marine Activities Permit applications in the past from persons and businesses desiring to establish water propulsion vessel operations within Newport Harbor; WHEREAS, Newport Harbor currently has one (1) commercial business operating a water propulsion vessel business out of the Rhine Channel. Water propulsion vessels operate above the surface of the water and are commonly referred to as Jetlev, Jetpack, Flyboard, Aquaflyer, Aquaboard, etc. The vessels operate by sucking water up to the user through a long hose connected to a modified personal water craft, and then redirecting the water at a high velocity back towards the water surface, which provides lift to raise a user above the surface of the water; 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 information regarding their safety and operational characteristics. The Coast Guard is currently studying this activity, and has yet to develop safety protocols. To ensure the health, safety and welfare of residents and visitors in Newport Harbor, City staff has restricted the single current water propulsion vessel operator in Newport Harbor to the main channel areas; 4 -3 WHEREAS, there is a distinct lack of available space to accommodate water propulsion vessels in the channels. 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, if used improperly, 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 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, commercial operators have more experience in the operation of vessels propelled by water above the surface of Newport Harbor and are regulated by City permits, which tends to increase the safe operation of the vessels over operation by private recreational users; WHEREAS, the City intends that the health, safety and welfare of those who use, enjoy and own property near Newport Harbor are not adversely affected by activities conducted on those waters; and WHEREAS, the City desires to prohibit the operation of vessels propelled by water above the surface of Newport Harbor by private recreational users 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 Section 17.20.060 to read as follows: 2 MF 17.20.060 Air and Water Propulsion Vessels Prohibited. A. No person shall operate any vessel on the waters of Newport Harbor if the vessel is powered or maneuvered by means of mechanical air or water propulsion above the surface of the water. B. The provisions of this section do not apply to the operation of any vessel by any public agency, any person responding to an emergency on behalf of any public agency, or any person authorized under a permit issued by the Harbor Resources Manager, or his or her designee, to operate a vessel that is powered or maneuvered by means of mechanical water propulsion above Newport Harbor's water surface. Section 2: The recitals provided above are true and correct and are incorporated into the substantive portion of this ordinance. 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, sentence, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 4: 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 5: 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. 3 4 -5 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 26 day of May, 2015, and adopted at a regular meeting of the City Council of Newport Beach, held on the 9 day of June, 2015, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS EDWARD D. SELICH, MAYOR APPROVED AS TO FORM: THE CITtr T URNEY'S OFFICE �) r ATTORNEY 1 AARON C. HARP, CITY ATTORNEY ATTEST: LEILANI I. BROWN, CITY CLERK 2 M