HomeMy WebLinkAboutItem 5 - Ad Hoc Committee Formation on Water Propelled Vessels�EwvoRr
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Harbor Commission Staff Report Agenda Item No. 5
July 21, 2014
TO: HARBOR COMMISSION
FROM: Public Works Department
Chris Miller, Harbor Resources Manager
949 - 644 -3043, cmiller @newportbeachca.gov
TITLE: Review of Water Propelled Vessels — Ad Hoc Committee Formation
ABSTRACT:
On June 24, 2014, the City Council adopted an Urgency Ordinance establishing a temporary
prohibition on the issuance of Marine Activities Permits to businesses engaged in the operation
of vessels propelled by water above the surface of Newport Harbor. In addition, the Council also
directed the Harbor Commission to form an ad hoc committee to evaluate the issue and to
return to the Council within six months with a recommended path forward on managing this
emerging activity.
RECOMMENDATION:
1. Establish an ad hoc committee to evaluate the operation of vessels propelled by water
above the surface of Newport Harbor, and return to the City Council with a
recommended path forward on managing this emerging activity.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
Please see the attached June 24, 2014 City Council staff report for details on the operation of
vessels propelled by water above the surface of Newport Harbor.
The Harbor Commission has been directed by the Council to form an ad hoc committee to
evaluate this issue, and to return to the Council within six months with a recommended path
forward.
ENVIRONMENTAL REVIEW:
Staff recommends the Harbor Commission 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,
Review of Water Propelled Vessels — Ad Hoc Committee Formation
July 21, 2014
Page 2
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the Harbor Commission considers the item). +
Submitted by:
"- �'Y
Chris Miller
ATTACHMENTS:
Attachment A —June 24, 2014 City Council Staff Report
Coversheet Page I of 3
June 24, 2014
Agenda Item No. 15.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644 -3330,
dawebb @newportbeachca.gov
PREPARED BY: Chris Miller, Harbor Resources Manager
PHONE: 949 - 644 -3043
TITLE: An Urgency Ordinance of the City Council of the City of Newport
Beach, California Establishing a Temporary Prohibition on the
Issuance of Marine Activities Permits to Businesses Engaged in the
Operation of Vessels Propelled by Water Above the Surface of
Newport Harbor
ABSTRACT:
City staff has recently received a number of inquiries and applications from
persons or businesses that desire to establish water propulsion vessel businesses
in Newport Harbor. Given the apparent growing popularity of this use, the City
anticipates it will receive additional applications and inquiries in the future. This
ordinance is urgent because the City must prohibit the issuance of new Marine
Activities Permits until the staff, Harbor Commission and City Council have an
opportunity to study and analyze how best to manage water propulsion vessel
operations to ensure they are safe and compatible with existing and future uses in
Newport Harbor.
RECOMMENDATION:
a) Adopt Urgency Ordinance No. 2014 -11, An Urgency Ordinance of the City
Council of the City of Newport Beach Establishing a Temporary Prohibition on the
Issuance of Marine Activities Permits to Persons or Business Engaged in the
Operation of Vessels Propelled by Water Above the Surface of Newport Harbor.
This urgency ordinance shall remain in effect for a period of one (1) year, unless
earlier repealed or extended by the City Council. This urgency ordinance is
adopted pursuant to City Charter Sections 412 and 416(d), and shall take effect
immediately upon its passage by a vote of at least five (5) City Council Members;
and
b) Direct the Harbor Commission to form an ad hoc committee to evaluate the
operation of vessels propelled by water above the surface of Newport Harbor, and
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Coversheet
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return to the City Council with a recommended path forward on managing this
emerging activity.
FUNDING REQUIREMENTS:
No Fiscal Impact.
DISCUSSION:
Water propulsion vessels operate above the surface of the water and are
commonly referred to as Jetlev, Aquaflyer, Aquaboard, etc. Typically, the user
wears a shoulder pack which is connected to a personal watercraft type vessel.
This modified vessel sucks in water up to the user via a long tube where the
water is then forced down at a high velocity, therefore creating lift to raise the
user above the water surface. There are other water propulsion operations that
involve boards that the operator stands on for a similar experience.
Newport Harbor currently has one commercial person or business operating a
water propulsion vessel operation out of the Rhine Channel via an approved
Marine Activities Permit. City staff receives complaints from residents and
boaters living and recreating around Newport Harbor regarding noise, exhaust,
wake and speed violations relative to this activity.
The water propulsion vessel business is relatively new, and there is a lack of
information regarding their safety and operational characteristics. To ensure the
health, safety and welfare of the residents and visitors of Newport Harbor, City
staff has restricted the current water propulsion operations to the main channel
areas.
The proliferation of new water propulsion vessel businesses within Newport
Harbor presents a current and immediate threat to the public peace, health and
safety in that such operations are out of character with the design and residential
character of Newport Harbor, and there is a distinct lack of available space to
accommodate multiple 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 public rights -of -way and endanger water propulsion
vessel operators and other persons using Newport Harbor as well as marine life.
City staff has received inquiries and applications from other persons or
businesses that desire to establish water propulsion vessel businesses in
Newport Harbor, and given the apparent growing popularity of this activity, the
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City anticipates it will receive additional applications and inquiries in the future.
This ordinance is urgent because the City must prohibit the issuance of new
Marine Activities Permits until staff, the Harbor Commission and the City Council
have an opportunity to study and analyze how best to manage water propulsion
vessel operations to ensure they are safe and compatible with existing and future
uses in Newport Harbor.
The purpose of this urgency ordinance is for the City not to issue any new Marine
Activities Permits to persons or business that operate water propulsion vessels
during the time this urgency ordinance is in effect which is one (1) year unless
earlier repealed or extended by the City Council. Other Marine Activities Permit
applications for non - related businesses shall not be affected by this urgency
ordinance.
ENVIRONMENTAL REVIEW:
The City Council finds the approval of this urgency 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 urgency 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.
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 - Urgency Ordinance
Attachment B - Example of Vessels Propelled by Water
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ORDINANCE NO. 2014 -11
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH, CALIFORNIA
ESTABLISHING A TEMPORARY PROHIBITION ON THE
ISSUANCE OF MARINE ACTIVITIES PERMITS TO
PERSONS AND BUSINESSES ENGAGED IN 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, Section 412 of the City Charter provides for the adoption as an
emergency measure an urgency ordinance to preserve the public peace, health or
safety by a vote of at least five (5) City Councilmembers;
WHEREAS, City Charter Section 416(d) allows an urgency ordinance to take
effect immediately;
WHEREAS, Newport Harbor is one of the largest yacht 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; and
WHEREAS, the City's Harbor Resources Department has received inquiries and
Marine Activities Permit applications from persons and businesses desiring to establish
water propulsion vessel operations within Newport Harbor.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council hereby incorporates the Recitals provided above
into this urgency ordinance and finds, determines and declares that this urgency
ordinance adopted pursuant to City Charter Sections 412 and 416(d) is necessary
because:
A. Newport Harbor currently has one 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, Aquaflyer, Aquaboard, etc. The vessels operate by sucking water
up through a hose with the use of a modified jet ski and then redirecting the
water at a high velocity back towards the ground, which provides lift to raise a
user above the surface of the water.
B. City staff has received complaints from residents living around Newport
Harbor regarding noise, exhaust, wake and speed violations related to water
propulsion vessels.
C. On March 14, 2014, a man was transported to the hospital with injuries to his
head when he lost control of his water propulsion vessel in Newport Harbor
and collided with a part of the vessel that is used to provide power for lift.
D. The water propulsion vessel business is relatively new and there is a lack of
information regarding their safety and operational characteristics. To ensure
the health, safety and welfare of residents and visitors in Newport Harbor,
City staff has restricted the current water propulsion vessel operations to the
channel areas.
E. The proliferation of new water propulsion vessel businesses within Newport
Harbor presents a current and immediate threat to the public peace, health
and safety in that such operations are out of character with the design and
residential character of Newport Harbor and there is a distinct lack of
available space to accommodate multiple 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 endanger users as well as
other persons within and around Newport Harbor.
F. City staff has received inquiries and applications from other persons and
businesses that desire to establish water propulsion vessel businesses in
Newport Harbor and, given the growing popularity of this use, the City
anticipates it will receive additional applications and inquiries in the future.
This ordinance is urgent because the City must prohibit the issuance of new
Marine Activities Permits until the City Council, Harbor Commission and staff
have an opportunity to study and analyze how best to manage water
propulsion vessel operations to ensure they are safe and compatible with
existing and future uses in Newport Harbor.
2
Section 2: The City shall not issue or approve any new Marine Activities Permits
for businesses that operate water propulsion vessels during the time this urgency
ordinance is in effect. For purposes of this urgency ordinance, the term "water
propulsion vessel(s)" means a vessel that is powered or maneuvered by means of
mechanical water propulsion above the surface of the water.
Section 3: Any applicant for a Marine Activities Permit may elect to have City
staff continue to accept and process applications during this temporary prohibition. This
temporary prohibition is not intended to affect the acceptance and /or processing of
permit applications described in Section 3; rather, it is intended to prohibit only the
issuance of a Marine Activities Permit to persons or businesses that operate water
propulsion vessels. City staff shall continue to accept applications received after the
effective date of this urgency ordinance. At an applicant's written request, the City shall
continue to process an application during term of this urgency ordinance; however, any
future regulation of such business and the permitting thereof adopted by the City
Council shall apply to such an application. Any time limits or mandatory approval time
frames relative to the processing and /or action upon permit applications for any person
or business subject to this urgency ordinance are tolled during the term of this urgency
ordinance.
Section 4: This urgency ordinance is adopted pursuant to City Charter Sections
412 and 416(d), and shall take effect immediately upon its passage by a vote of at least
five (5) City Council Members. This urgency ordinance shall remain in effect for a
period of six (6) months, unless earlier repealed or extended by the City Council.
Section 5: If any section, subsection, sentence, clause or phrase of this urgency
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 urgency
ordinance. The City Council hereby declares that it would have passed this urgency
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 6: The City Council finds the approval of this urgency 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
3
this urgency 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 7: The Mayor shall sign and the City Clerk shall attest to the passage (if
this urgency ordinance. The City Clerk shall cause this urgency ordinance, or a
summary thereof, to be published pursuant to Charter Section 414.
This urgency ordinance was introduced and adopted at a regular meeting of the
City Council of the City of Newport Beach, held on the 24th day of June, 2014, by the
following vote, to wit:
AYES, COUNCILMEMBERS
Gardner, Petros, Curry,
Henn, Daigle, Selich, Mayor Hill
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS None
RUSH N. HILQ,II, MAYOR
APPROVED AS TO FORM:
THE CIT AORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
ATTEST' - Nwv�
�c
LEILANI I. BROWN, CITY CLERK
0
STATE OF CALIFORNIA }
COUNTY OF ORANGE
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
Urgency Ordinance No. 2014 -11 was adopted by the City Council of said City at a regular meeting of said
Council, duly held on the 24th day of June, 2014, and that the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Gardner, Council Member Petros, Council Member Curry,
Council Member Henn, Council Member Daigle, Mayor Pro Tem Selich,
Mayor Hill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 25th day of June, 2014.
STATE OF CALIFORNIA }
COUNTY OF ORANGE} ss.
CITY OF NEWPORT BEACH }
City Clerk `
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Urgency Ordinance No. 2014 -11 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 daily newspaper of
general circulation on the following dates:
2014.
Adopted Urgency Ordinance: June 28, 2014
In witness whereof, I have hereunto subscribed my name this day of
City Clerk
City of Newport Beach, California
(Seal)
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ATTACHMENT B
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