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Home My WebLink About2015-39 - Adopting City Council Policy H-6 Relating to Water-Propelled VesselsRESOLUTION NO. 2015 -39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING CITY COUNCIL POLICY H -6 RELATING TO WATER - PROPELLED VESSELS 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, the City of Newport Beach is governed, in part, by its Charter, Municipal Code, and adopted City Council Policies; WHEREAS, Newport Harbor is one of the largest recreational 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; WHEREAS, the City Council regulated 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; and WHEREAS, the City's Municipal Code authorizes the City Council to issue a permit to a commercial operator to operate vessels powered or maneuvered by means of mechanical water propulsion above the surface of Newport Harbor. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby adopts City Council Policy H -6 relating to vessels powered or maneuvered by means of mechanical water propulsion above the surface of Newport Harbor. City Council Policy H -6 is attached as Exhibit 1 and incorporated herein by reference. Section 2: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 4: Except as expressly modified in this resolution, all other City Council Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy Manual shall remain unchanged and shall be in full force and effect. Section 5: The City Council finds the adoption of this resolution and the enactment of City Council Policy H -6 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. Section 6: This resolution shall take effect upon the effective date of Ordinance No. 2015 -13, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 26th day of May, 2015. ATTEST: Leilani I. Brown City Clerk Edward D. Selich Mayor Attachment: Exhibit 1 - City Council Policy H -6 EXHIBIT 1 H -6 WATER- PROPELLED VESSELS IN NEWPORT HARBOR PURPOSE The City Council supports recreational and commercial activity within Newport Harbor that preserves and contributes to the charm and character of the harbor. Quality regulations protect the interests of all users of Newport Harbor including recreational and commercial boaters, visitors, and residents. The City Council finds that specific recreational and commercial activities may create noise and safety concerns that detract from the unique environment for other harbor users and waterfront properties. Recreational and commercial vessels powered or maneuvered by means of mechanical water propulsion above the surface of the water have the potential to disproportionately impact the use and enjoyment of other harbor users, and if left unregulated create potential health, safety and welfare issues. To ensure safe and enjoyable access to all users of Newport Harbor, the City Council has determined that water - propelled vessels operated above the surface of the water should be regulated and restricted. Newport Beach Municipal Code Section 17.20.060, or any successor statute, prohibits recreational and commercial vessels powered or maneuvered by means of mechanical water propulsion above the surface of the water, unless authorized under a permit issued by the Harbor Resources Manager, or his or her designee. The intent of this policy is to provide additional guidance to the Harbor Resources Manager, or his or her designee, for the issuance of a permit to a commercial operator for the use of these unique vessels in Newport Harbor. POLICY A. The Harbor Resources Manager, or his or her designee, may issue up to one (1) permit for a commercial operator to operate a vessel(s) powered or maneuvered by means of mechanical water propulsion above the surface of the water in Newport Harbor. This policy does not require the Harbor Resources Manager, or his or her designee, to issue a permit. B. No permit shall be issued to a non - commercial operator to operate a vessel powered or maneuvered by means of mechanical water propulsion above the surface of the water in Newport Harbor. C. The Harbor Resources Manager, or his or her designee, shall issue a Request for Proposals ( "RFP ") for the selection of a commercial operator under this policy. When reviewing RFP responses, the Harbor Resources Manager, or his or her designee, shall consider the operating history, safety record, compliance with applicable laws, and financial stability of the commercial operator, in addition to any other factors the Harbor Resources Manager, or his or her designee, deems relevant. A new RFP shall be issued no less than once every five (5) years, or as otherwise directed by the Harbor Resources Manager, or his or her designee. Adopted — , 2015 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 resolution, being Resolution No. 2015 -39 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 26'h day of May, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Petros, Council Member Curry, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich NAYS: Council Member Peotter RECUSED: Council Member Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 271h day of May, 2015. A&L� � 6 ✓. City Clerk Newport Beach, California (Seal)