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CITY OF
\ NEWPORT BEACH
�qoP City Council Staff Report
February 28, 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:
At the February 14, 2017 City Council meeting, the City Council introduced and
conducted the first reading of Ordinance No. 2017-2 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.
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) Conduct second reading and adopt 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.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
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
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Prohibition of Water -Propelled Vessels Above the Water Surface in Newport Harbor
February 28, 2017
Page 2
closed their 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.
At the direction of City Council in 2014, the Harbor Commission studied the growing
popularity of vessels propelled above the water surface in Newport Harbor. Noting
concerns for safety, noise, and speed of these types of vessels, the City Council met in
a Study Session in February 2015, and asked City staff 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 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 noted the incompatibility of these
operations with the competing uses in Newport Harbor, and they recommended a
complete prohibition at their February 8, 2017 meeting.
At the February 14, 2017 City Council meeting, the City Council introduced and
conducted the first reading of Ordinance No. 2017-2 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.
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) 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.
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Prohibition of Water -Propelled Vessels Above the Water Surface in Newport Harbor
February 28, 2017
Page 3
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 Subsection 17.20.060(B)
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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
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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.
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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
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ABSENT COUNCILMEMBERS
KEVIN MULDOON, MAYOR
APPROVED AS TO FORM:
THE C ORNEY'S OFFICE
V' Kir)
AARON C. ARP. CITY ATTORNEY
ATTEST:
LEILANI I. BROWN, CITY CLERK
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Redline Draft of RIBMC 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., y—p ie-n—a-�+#&Fiz under a er^�,rrit by the
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