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Home My WebLink About2017-2 - 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 HarborORDINANCE 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 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 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; Ordinance No. 2017-2 Page 2 of 3 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. 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. Ordinance No. 2017-2 Page 3 of 3 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 14th day of February, 2017, and adopted at a regular meeting of the City Council of Newport Beach, held on the 28h day of February, 2017, by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery Council Member Diane Dixon, Council Member ScottPeotter. Council Member Will O'Neill NAYS: Mayor Kevin Muldoon RECUSED: ATTEST: �YU`VV� LEILANI I. BROWN, CITY CLERK APPROVED AS -TO -FORM: CITY ATTOR ''jEY S OFFICE AARON C. HARP. CITY ATTORNEY KEVIN MULDOON, MAYOR STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2017-2 was duly introduced on the 141h day of February, 2017 at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 28th day of February, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill NAYS: Mayor Kevin Muldoon RECUSED: Mayor Pro Tem Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 1 st day of March, 2017. CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2017-2 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: 2017. Introduced Ordinance: February 18, 2017 Adopted Ordinance: March 4, 2017 In witness whereof, I have hereunto subscribed my name this 1-5thday of M4" , r;- omm", Leilani I. Brown, MMC' City Clerk City of Newport Beach, California (Seal)