HomeMy WebLinkAbout03 - Harbor Mooring Regulation ModificationsCITY OF
NEWPORT BEACH
•City CouncilReport
March 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: Harbor Mooring Regulation Modifications
ABSTRACT:
In June 2015, the City Council directed staff to return with Municipal Code amendments
and administrative changes to the City's moorings as recommended by the Harbor
Commission. In February 2017, the Harbor Commission took a second look at the
proposed changes before forwarding them back to the City Council for final review. The
attached Municipal Code changes reflect the latest direction from the City Council Study
Session in February 2017.
RECOMMENDATION:
a) Determine the 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. Alternatively, the City Council finds
the approval of the 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.
b) Introduce Ordinance No. 2017-7, An Ordinance of the City Council of the City of
Newport Beach, California, Amending Newport Beach Municipal Code Title 17
Relating to Moorings, and pass to second reading on April 11, 2017.
FUNDING REQUIREMENTS:
There is no fiscal impact related to expenditures for this item. Please see the discussion
below concerning potential impacts to revenue to the Tidelands Fund.
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DISCUSSION:
Moorings are located in designated mooring fields throughout Newport Harbor, with
approximately 400 onshore moorings (accessible at public beaches or street ends) and
800 offshore moorings (accessible by dinghies or shore boat service). There are ten
mooring fields over City tidelands and two mooring fields over County tidelands. Each
mooring is assigned a specific number, and is annually billed per linear foot of its specific
capacity. Moorings are made up of chains, weights, lines, and other equipment
collectively referred to as "tackle" which is privately owned by each respective mooring
permittee.
History
The City's Tidelands Trust, also known as the Beacon Bay Bill (Chapter 74 of the Statutes
of 1978), dedicates certain tide and submerged lands ("Tidelands") held in trust by the
City on behalf of the people of California. These lands include most of Lower Newport
Bay, home to about 1,200 onshore and offshore moorings, as well as residential and
commercial piers, and other harbor operations.
In 2010 the City Council conducted an extensive review of the City moorings to address
the lapse in updates to the permit rents, and to discuss issues such as open -market
transfers, transfer rates, and "subrentals". Prior to the review, mooring rates and
regulations in Newport Harbor had not been evaluated or adjusted since 1994. Rental
rates and mooring regulations were subsequently established by City Council.
In January 2015, City Council directed the Harbor Commission to review conditions
related to moorings and mooring operations. Subsequently, the Harbor Commission held
four meetings to solicit public input for mooring permits, annual rents, transferability and
other mooring -related issues.
In April 2015 and February 2017, the Harbor Commission recommended changes to the
mooring code, and at a February 2017 Study Session, the City Council directed staff to
return with those changes for consideration (summarized below).
Harbor Commission Recommendations
1. Mooring Transfers:
Recommendation: The Harbor Commission recommends allowance of transfers
between private parties. Unlimited transfers allowed with a maximum of one transfer
per year.
Discussion: Currently, each mooring may only be transferred twice from 2010 through
2020. After two transfers or 2020, if the permittee no longer wishes to keep the
mooring, the mooring must be returned to the City who will give to the next person on
the wait list. The City pays the former permittee for the value of the mooring tackle,
and then sells that same tackle to the next permittee.
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Feedback from the mooring community suggests allowing transfers among private
parties and rescinding the transfer -cap date.
2. Mooring Transfer Charge:
Recommendation: The mooring transfer charge should be a percentage of the annual
mooring permit rent (75 percent).
Discussion: The current mooring transfer charge is 50 percent of the annual mooring
permit rent. At $35.43/foot for an offshore mooring, the 2017 annual permit for a 40 -
foot mooring is $1,417.20, so the transfer charge is currently $708.60.
2017 Proposed Mooring Transfer Charge*
2017 Annual Permit Rent
0
50%
(Current)
75%
(Recommended)
100%
$1,417.20
$708.60
$1,062.90
$1,417.20
*2017 40' mooring
February 2017 Harbor Commission recommendation: Mooring transfer charge is 75
percent of the annual mooring permit rent. A percentage of rent approach provides a
specific and defined dollar amount and does not distort the required posted fair market
value in No. 4 below.
Mooring transfer revenue to the Tidelands Fund may increase from approximately
$30,000.00 per year to approximately $45,000.00 per year.
3. Up to Two Names on a Mooring Permit:
Recommendation: Allow.
4. Centralized Location for Posting Sold Moorings:
Recommendation: The City will maintain a web listing of the sold moorings detailing
the mooring location, size and sale price as verified at the time of transfer.
Discussion: Posting on a City maintained website promotes transparency, and
provides a central location for the public to review pricing trends which therefore
assists with determining the fair market value for moorings.
5. Mooring Transfer Between Family or Trust:
Recommendation: No charge required for mooring transfers between family or trust.
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6. Maximum Number of Mooring Permits Allowed:
Recommendation: Any one individual may have two mooring permits. For those
current permittees who own more than two, they shall be allowed to keep those
moorings until they divest themselves of those moorings.
Discussion: Decades ago, the onshore moorings were primarily used as dinghy
storage to access the offshore moorings, hence the need for two permits. As the value
for onshore moorings increased, other non -dinghy type vessels began occupying the
onshore moorings, and subsequently, the offshore mooring permittees developed
alternate ways to access their moorings.
7. City Practice of Renting Moorings:
Recommendation: Only the City may rent moorings to third parties (mooring
permittees may not rent their moorings individually). The City will collect/retain the
revenue which will be returned to the Tidelands Fund to be used for harbor
amenities/projects. This is current practice — no change.
Discussion: Every mooring in the harbor has a permittee assigned to it. However, not
all permittees choose to keep a boat on the mooring for various reasons (e.g. they no
longer own a boat but they choose to keep their mooring for future use, or they are on
an extended voyage, etc...). These "vacant" moorings may be rented by the City to
other boaters whether they be visitors or locals who have a boat storage need. The
money collected for these rentals is kept by the City. The underlying mooring
permittee is still responsible for paying the annual mooring permit rental rate as well
as maintaining the mooring, as normal.
8. Rental Rates to Third Parties:
Recommendation: The Harbor Commission felt that this was not a significant issue
and could be decided at a later time. No change to the current practice.
Discussion: The current, offshore mooring rental rate to third parties is $27.00 per
night (May to October) and $16.00 per night (November to April). Approximate annual
revenue collected and retained by the City is $60,000.00 to $80,000.00.
9. Frequency of Billing Annual Mooring Permits:
Recommendation: Staff will develop a procedure for a manageable system such as
bi-monthly or quarterly billing. No need to codify.
Discussion: Currently, as a non-resident, the mooring permits are billed on a lump
sum basis every January, payable in March. Staff has received input from permittees
to bill on a semi -regular basis to break up the payments. Permittees could still pay a
lump sum as desired. Newport residents receiving a Municipal Services Statement
with a line item for the mooring permit are billed every other month.
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10. Wait List:
Recommendation: Abolish the wait list.
Discussion: The Harbor Patrol maintains the wait list which currently has several
hundred names on it. In the mid -2000's, the wait list was significantly longer with
some names dating back to the early 1970's. The list was refined between 2008-2010
and a few hundred names remain. Because moorings have been privately sold to
third parties and were rarely returned to the City, the wait list virtually never moved
over the decades. Many of those on the wait list genuinely wanted a mooring for boat
storage, but there were also those who wanted a "free" mooring to then sell to a third
party for profit.
Under the current policy and after 2020, the wait list, in theory, would begin to move
as permittees would no longer be allowed to sell moorings to third parties and would
instead be required to return them to the City. However, given the recommendation
in No. 1, above, to allow unlimited transfers, the wait list will once again be ineffective
and be a burden to maintain as well as providing false expectations to the public.
Therefore, the wait list should be abolished.
11. Mooring Revocation:
Recommendation: If a mooring is revoked for non-payment or other reasons, then
public auction(s) may be held at regular intervals throughout the year.
Discussion: Under the current system, if a mooring is revoked, that mooring shall go
to the next person on the wait list. If the wait list is abolished as described in No. 10,
above, then auctioning the mooring to the public is a solution that seeks fair market
value and returns the mooring to the public. The City will collect/retain the revenue
which will be returned to the Tidelands Fund to be used for harbor amenities/projects.
(Note: At times, the City may opt to retain those revoked or returned moorings to be
used as storage for impounded vessels, or to be removed completely to thin out a
mooring row/area.)
12. Insurance Required:
Recommendation: Permittees are required to provide proof of current vessel
insurance per NBMC Title 17.
Discussion: Any mooring that is occupied by a vessel whether it be assigned to the
mooring or as a subrental, is required to provide proof of current vessel insurance (if
moorings are vacant then vessel insurance is not required).
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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 to have a significant effect on 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.
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 — Title 17 Mooring Code Revision — Redline Changes
Attachment B — Title 17 Mooring Code Revision — Ordinance
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NBMC Title 17 Redline
NBMC Subsection 17.01.030(L)
1. Offshore Mooring. The term "offshore mooring" shall mean a mooring that is
located bayward of the pierhead line and The term "„ffoher-e meeFiRg" shak-is comprised
of ,,,eaR a single or double buoy, weight and chain installed for the purpose of berthing
a vessel as provided by Chapter 17.25 of the Newport Beach Municipal Code or any
successor statute.
2. Onshore Mooring. The term "onshore mooring" or "shore mooring" shall mean a
mooring for vessels which are located in the nearshore perimeter of the harbor and its
islands, perpendicular to the shoreline. One end of the mooring line is attached to a
point on or adjacent to the bulkhead, and the other end is attached to a single buoy,
weight and chain installed for the purpose of berthing a vessel as provided by Chapter
17.25 of the Newport Beach Municipal Code, or any successor statute.
32. Open Coastal Waters. The term "open coastal waters" shall mean the area
composed of submerged lands at extreme low water of spring tide extending seaward to
the boundaries of the Exclusive Economic Zone (12-200 miles). This includes
navigation channels, turning basins, vessel berthing, anchorage and mooring areas of
Newport Bay.
-3. Operable. The term "operable" shall mean capable of maneuvering under the
vessel's own power from the mooring to a demarcation line designated by the
appropriate authority and generally to be defined as the line between the seaward ends
of the harbor entrance jetties and back to the mooring.
4. Operator. The term "operator" shall mean the person who operates or who has
charge of the navigation or use of the vessel.
NBMC Subsection 17.01.030(0)(6)
6. Reserved.S'heFe IVTGOrir,.Te term rrfenriRG"
NBMC Section 17.60.040
A. Permit Required. No person shall place, erect, construct, maintain, use or
tie to a mooring in the waters of Newport Harbor over City -owned or controlled tidelands
without first having obtained a mooring permit from the Harbor Resources Manager or
having otherwise complied with this section. A mooring permit is in the nature of license
for the temporary use of a specific location within the Newport Harbor. Any werk
deSGribed and autherized On the permit must be GOFApleted within the time designated +'R
the permit
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B. Issuance of Permit—Conditions. The Harbor Resources Manager, in
furtherance of the tideland grants to the City, may issue a mooring permit or mooring
sub -permit to allow the mooring permittee or mooring sub -permittee to temporarily use a
portion of the waters of Newport Harbor for the mooring of a vessel. Upon the effective
date of this chapter, a mooring permittee may hold up to two (2) mooring permits at any
time. A mooring permittee that holds more than two (2) mooring permits prior to the
effective date of this chapter may continue to hold the mooring permits until the permits
are sold, revoked, or otherwise transferred under this chapter.
1. Exceptions.
a. The Balboa Yacht Club and the Newport Harbor Yacht Club (collectively,
"yacht clubs") currently hold permits for single point moorings placed within certain
mooring area boundaries established by the City, except as noted in subsection (13)(3)(f)
of this section. In addition, the Lido Isle Community Association ("LICA") has permits for
on -shore moorings on Lido Isle. These organizations shall hold their respective permits
under the yacht club, or respective organization name, for the moorings identified by
Harbor Resources as under their respective control at the time of enactment of the
ordinance codified in this section. The yacht clubs and LICA shall be solely responsible
for managing moorings under their control and shall be permitted to assign moorings
under their control to yacht club members and members of LICA, respectively. The
yacht clubs and LICA shall keep accurate records of the name and address of the club
members and community association members to which each mooring has been
assigned. Mooring records shall be made available for audit by the Harbor Resources
Manager during regular business hours upon request.
b. Mooring of a Tender. A single vessel no longer than fourteen (14) feet in
overall length to serve as access to and from the assigned vessel, may be secured to
the assigned vessel or may be secured to the offshore mooring in the absence of the
assigned vessel. Notwithstanding the single vessel restriction, permitted live aboards
may secure up to two (2) vessels no longer than fourteen (14) feet in overall length to
the assianed vessel. to serve as access to and from the assianed live aboard vessel.
C. Multiple Vessel Mooring System Program. The Harbor Resources
Manager may approve multiple vessel mooring system in the mooring areas of
Newport Harbor Yacht Club and the Balboa Yacht Club. An application for a multiple
vessel mooring system shall be submitted in writing to the Harbor Resources Manager,
who shall evaluate the application based upon standards he or she shall have
established.
2. Permit Requirements. Each mooring permit -&"' be issued for up to
two L&—Re natural person ("mooring permittees") who shall be individually and
collectively responsible for all activities related to the mooring permit. To the satisfaction
of the Harbor Resources Manager, the mooring permittee shall:
IF
RE
a. Identify on the permit the full legal name, current address es , current
telephone numbers and current e-mail address es , if one exists, of the mooring
permittee;
b. Agree to be responsible for permit rent, fees, maintenance and repair of
mooring equipment;
C. The permit for joint ownership moorings shall provide that all parties shall
have equal rights under the permit and shall be held jointly responsible for compliance
with all rules, regulations, and conditions set forth in the mooring permit.
de. Grant permission to the City Newport owport BeaGh to temporarily assign the
mooring to another vessel when it is unoccupied through the issuance of a mooring sub -
permit;
de. Agree to defend and indemnify the City of Newpert BeaGh and any other
government entity with jurisdiction against any claims or losses arising out of, or related
to the use of, the mooring permit except where the claim or loss arises from the sub-
permittee's damage of the mooring, or out of the Sele—negligence and/or Sete
misconduct of a person assigned the mooring as a mooring sub -permittee under
subsections (G) and/or (H) of this section;
fe. Provide proof of "ability insurance on a vessel as may be determined by
the City's Risk Manager; and
gf. Provide registration or other proof of controlling possessory right in the
assigned vessel, all to the satisfaction of the Harbor Resources Manager,-.
hq. Agree to pay fair market value rent, as established by resolution of the
City Council, on a rent schedule established by the Harbor Resources Manager, which
shall be similar to the schedule used to collect rent from other tidelands users in
Newport Harbor;
iI4. Agree that the mooring permit does not provide any ownership interest in
the underlying tidelands, which are held in trust by the City and owned by the people of
the State of California;.. and
j. Authorize the City, or its designee, to move the vessel on the mooring to
another location when deemed necessary by the Harbor Resources Manager.
3. Permittee/Transferee Qualifications. A mooring permit may be held by, or
transferred to, only the following persons:
a. A natural persons holding title to an assigned vessel;
b. An executor or administrator carrying out the terms of a will or
administering a probated estate that holds a mooring permit, tWe t„ ar, assigneye&se
but only for the period of time prior to distribution of the estate;
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C. An inter vivos trust, family trust, or other similar type of trust estate holding
a mooring permit, title to an assigned "ecce' so long as all trustors are natural persons
and the primary mooring permittee shall be the trustee of the trust;
d. An approved transferee whose vessel and/or mooring permit are subject
to any of the terms and conditions stated in subsection (E) of this section;
e. A marine contractor or marine support service provider, holding a mooring
permit title—t anassignedvessel used to provide current or ongoing harbor
infrastructure and marine or fishing services (such as maintenance and dredging) --as
ai itherized Under the F. -visie, pc of a marine aGtiyitiec permit;
f. Balboa Island Yacht Club for the purposes of youth education in boating
and marine activities; Kerckhoff Marine Laboratories for the purpose of marine and
oceanographic research; and American Legion Post 291 for the purpose of serving
veterans and their families and supplying them with affordable access to boating and
harbor activities; or similar marine educational entities;
g. The Balboa Yacht Club, Newport Harbor Yacht Club andT(collectively
"yacht clubs") and the Lido Isle Community Association—only for those moorings
assigned by the City of Newport Rea^h within certain established mooring areas or
locations, prior to the enactment of this amended ordinance codified in this section.
These designated mooring areas may not be expanded. The boundaries of these
mooring areas are graphically depicted by National Oceanographic and Atmospheric
Administration ("NOAX) Chart Number 18754. Yacht clubs shall be entitled to a
maximum number of moorings as can be accommodated in the mooring fields
designated in NOAA Chart Number 18754 and at a minimum the current number of
moorings assigned to them as of the effective date of the ordinance codified in this
section.
C. Plans and Specifications Required. No mooring permit shall be issued for
placing, erecting, constructing or maintaining a mooring or buoy unless such mooring or
buoy is constructed:
1. In accordance with standard plans and specifications approved by the
Harbor Resources Manager and at a location approved by the Harbor Resources
Manager; or
2. In accordance with other plans and specifications for such mooring or
buoy which have been submitted by the applicant, showing the construction of such
proposed mooring or buoy together with the location thereof, and which meet the
requirements established in this chapter and which have been approved by the Harbor
Resources Manager.
D. Late Fees. A ten percent (10%n,�late charge, or the max4r im rate
shall be added to all payments due but not received by City
by the due date. UnpaidFee-s. When the permittee c for a period of ninety
(90) days er more, the Harber ReseurGes Manager may, at his or her disGretien, reveke
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the permit UpeR five days' writteR netiGe to the permittee by f rst Glass man! to the
address ShE)WR OR the permit. if the meeriRg 06 RGt Femeved by the permittee withii4
thirty (30) days after GaRGelIatiGR of the permit, theR it shall be deemed abandoned and
E. Transfer of Permit. No mooring permittee shall transfer a permit for a
mooring or buoy granted under the provisions of this chapter, except:
1. When transferred from a natural person to another member of his or her
immediate family aleRg withthe asSIgRed vessse , which shall be defined for the
purposes of this section as the mooring permittee's spouse and heirs at law to the
second degree of consanguinity; or
request and paymeRt of relevaRt fees, have Up tO SOX &)LMeRths frem the date of takiRg
2.-3-. Except when transferred to immediate family, a mooring permit may only
be transferred under this subsection up to one (1) time in any twelve (12) month period.
IR GasesROt refleEted OR sub seG S (E)(1) and /this seGtiBT,a
transferred,mooring permi"ee intends to sell or ethepNise transfer, or has sold or
with another vessel owned by mnnrinn . 'mittee
F. Procedures for Transfers. Permits shall not be transferred without the prior
written approval of the Harbor Resources Manager. The Harbor Resources Manager
shall approve the transfer of a mooring permit under the procedures set out below:
1. The mooring permittee (or, if the permittee is deceased or
incapacitated, the transferee) shall submit to the Harbor Resources Manager:
a. A completed mooring transfer form (on the form provided by the Harbor
Resources Manager); and
b. Documentation that the proposed new mooring permittee (transferee)
qualifies as a mooring permittee under subsection (13)(3) of this section.
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2. If transferee intends to purchase an assigned vessel but does not have
title on the assigned vessel owned by the mooring permittee and transferor at the time
of transfer, then:
a. Within sixty (60) days of a transfer, transferee shall submit to Harbor
Resources Manager a copy of a California Department of Motor Vehicles registration or
other current registration (or in lieu thereof, U.S. Coast Guard documentation of
ownership) documenting transferee's ownership of the assigned vessel or, in the case
of a -shore mooring, a photograph of the assigned vessel if it is not subject to vessel
registration laws; or
b. If such documentation is not received by the Harbor Resources Manager
within the sixty (60) day period, then the vessel or the mooring may be impounded, the
mooring may be deemed vacant and may be assigned pursuant to subsections (G) and
(H) of this section. if thedoGUmeRtt;On—is ROt reee ved with;gidiitiemoi +�0)
interest list as set eut in si bseGtion (M) of this sentien
3. If transferee intends to moor a vessel other than the assigned vessel and
does not have title to the vessel that will be moored at the time of transfer, then:
a. Within sixty (60) days of an approved transfer, the transferee shall notify
Harbor Resources Manager that the assigned vessel has been removed from the
mooring and before a new vessel may be placed on the mooring shall submit to Harbor
Resources Manager a copy of a California Department of Motor Vehicles registration or
other current registration (or in lieu thereof, U.S. Coast Guard documentation of
ownership) documenting transferee's ownership of the new assigned vessel, or in the
case of a shore mooring, a photograph of the new assigned vessel if it is not subject to
vessel registration laws; or
b. If the documentation is not received within sixty (60) days of a transfer, the
mooring may be deemed vacant by the Harbor Resources Manager and the mooring
may be assigned pursuant to subsections (G) and (H) of this section. The mooring may
remain vacant until such time the permittee notifies the Harbor Resources Manager of
their intent to assign their vessel to the moo ring.'the—daoan4agtatio���I.
within an additional sixty (60) days,e rneori�
shall revert hank to the fr
augtoonassignment threugh the interest lost as set out in subseGtien (M) of this seGtien.
4. The transfer request shall be denied unless mooring permit rent, including
late payment fees, areisfes are paid current; required mooring inspections are current;
required maintenance and repairs are complete and there are no derelict or
unauthorized vessel(s) on the mooring.
5. The mooring permittee and transferee shall provide a written agreement to
defend and indemnify the City of Newport Beach in any dispute with a third party over
transferee's right to be the mooring permittee or in any dispute with a third party over
the mooring permittee's right to transfer the permit.
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6. Transfer Approval. Upon confirmation of compliance with this subsection,
the Harbor Resources Manager must find all of the following conditions to approve the
transfer of a mooring permit:
a. The mooring permittee no longer owns the assigned vessel or has
retained ownership of the assigned vessel and has permanently vacated
ted the mooring;
T�ype,rifin menriRg In tin)R h�
.as Ret ,bpppe�fieusly—tFaRSferred mere
DeGember 31,2
b. c—. The transferee has met all the qualifications and conditions for issuance of
a permit in subsection (B) of this section; and..
C. The transferor has accurately listed the transfer price of the mooring
permit on a publicly available website hosted by the City, or on a third -party's website
under contract with the City to host information regarding mooring permit transfers; and
d. The transferor or transferee has paid to the City the required transfer
rental charge.
7. The Harbor Resources Manager may approve a one-for-one exchange of
moorings between two mooring permittees, subject to compliance with this
subsection without any transfer rental advance chargefee imposed by the City.
8. The Harbor Resources Manager may approve the changing of an
assigned vessel on the permit, subject to the requirements of subsection (B) of this
section, without any transfer rental advance chargefee imposed by the City.
G. City's Authority to Assign Moorings through Use of Sub -Permits. With the
exception of the Balboa Yacht Club, the Newport Harbor Yacht Club, and the Lido Isle
Community Association's designated moorings, mooring permittee may not rent, assign,
or transfer the use of the mooring to any other person. With the exception of moorings
issued to mooring permittees described in subsection (B)(3)(e) of this section, City shall
have the authority to assign vacant moorings to sub -permittees pursuant to the following
provisions:
1. Deemed Vacant Moorings. City may assign deemed vacant moorings
through the issuance of leRg term sub -permits at its own discretion. for any peried of
tomo up to one kj �year Long term sSub-permits may be renewed upon availability. The
mooring permittee may reclaim its mooring upon three 3 +hirf days prior written
notice to City of its intent to return the assigned vessel to the mooring.
A "deemed vacant mooring" shall be defined as a mooring upon which:
a. An assigned vessel has not been attached for thirty (30) consecutive days
or more; or
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b. A vessel, other than an assigned vessel, has been attached for thirty (30)
days or more; or
C. Required documentation for an assigned vessel has not been provided for
a transfer request pursuant to subsection (E) of this section.
2. Noticed Vacant Moorings. City may assign noticed vacant moorings at its
own discretion through the issuance of a mooring sub -permit for any period of time,
either leeg—or short term, up to the reoccupation date on mooring permittee's written
notice, or the twenty-four (24) hour written notice per subsection (G)(2)(b) of this
section. If the mooring continues to be vacant for thirty (30) days past the reoccupation
date indicated on mooring permittee's notice, and there is no further written notice from
mooring permittee, the mooring shall become a deemed vacant mooring.
a. Mooring permittee may provide written notice to City of its intent to vacate
its mooring for fifteen (15) days or more. These moorings shall be "noticed vacant
moorings." Written notice shall include the date the mooring permittee intends to vacate
his/her mooring, and the date he/she intends to reoccupy the mooring with the assigned
vessel.
b. If mooring permittee provides written notice, the mooring permittee may
reclaim the assigned mooring on the reoccupation date indicated in his/her written
notice or, if the mooring permittee returns prior to or after the reoccupation date, upon
twenty-four (24) hours' written notice to the City.
H. Procedures for Mooring Sub -Permit Issuance. Any natural person wishing
to use a mooring pursuant to the issuance of a sub -permit must enter into a written
mooring sub -permit agreement with the Harbor Resources Department that includes the
following:
1. A written representation of the current gress-vessel Iengthweig-4t which
shall be satisfactory to the Harbor Resources Manager.
2. An agreement to be responsible for any damage to mooring equipments;
to defend and indemnify the City of Newport Beach and the mooring permittee against
any claims or losses arising out of, or related to, the mooring rentals; and that to requires
the mooring sub -permittee te-provide proof of insurance as may be determined by the
City's Risk Managerjeahility and marine pe itieR iRSUrraRGe—, to require registration or
other proof of ownership.., aed-to require an equipment damage deposit, all to the
satisfaction of the Harbor Resources Manager; and authorize the City, or its designee,
to move the vessel on the mooring to another location when deemed necessary by the
Harbor Resources Manager.
3. The repair of any damage to the mooring equipment shall be paid by the
mooring sub -permittee. If the mooring is damaged by a vessel assigned by the City, or
the City's agent, the City will arrange for the repair of the mooring with a qualified
vendor and provide notice to the permittee of the occurrence and the arranged repair
date. Should the sub -permittee fail to pay for the damage for any reason, the City will
3-14
pay for the required repairs to the mooring, and then seek reimbursement from the sub -
permittee. Also, the City will make available a mooring without charge for the returning
vessel of the mooring permittee until such time their permitted mooring is repaired.
4. Mooring sub -permittees shall provide approved mooring lines which shall
be removed at the end of the rental period.
5. A mooring sub -permit agreement may be up to fifteen (15) days and may
terminate at any time for any reason, and may bets renewedable based on availability.
Upon return of the assigned vessel to the mooring, the -Harbor Resources DenortmeRt
will attempt to reassign the sub -permittee to another mooring. Mooring sub -permittees
have no right of renewal or substitute moorings upon return of the assigned vessel, or
upon termination of a mooring sub -permit agreement for any reason. Mooring sub -
permittees accept an indefinite term at their own risk.
6. The mooring sub -permit rentfee will be based on a rate established by the
Newport Beach City Council. and delineated in the master fee Sehedul�a�.le res l„+,�,�
7. Love_oheorrds are netpermitted OR meeriRgS subjeGt toIrIeRg term meeriRg
sub permits. Live-aboards may be temporarily permitted to sub -permittees
suhieGt +e short term sub per pending vessel inspection, for a period not to exceed
fifteen (15) days in any twelve (12) month period. adsuhUen+ ro_incnon+i„n nor
eonh short term sub permit renewal
rMeering sub permare �available f�hiFliy (30) days or eFe shall be
first the
intoros-lit, asdetned below,
as a ng rimy.
nesl+len OR the interest list
89.4-0. Mooring sub -permits that are available for less than a thi0y (30) day
peried shall be offered to the public on a first-come, first -serve basis.
94-0.44-. Subject to the Harbor Resources Manager's approval, Aa mooring
may be loaned free of charge by the mooring permittee to a vessel other than the
assigned vessel for no more than thirty (30) consecutive days; provided, that:
a. The mooring permittee provides the Harbor Resources Manager with
written notice identifying the vessel that will use the mooring;
b. The mooring permittee has not loaned the mooring for more than sixty
(60) days in the twelve (12) month period that immediately precedes the
commencement of the current mooring loan; apd
C. The vessel owner requesting a loan has not previously been the recipient
of loans for more than ninety (90) days in the previous twelve (12) months.. and
7
3-15
d. The vessel owner authorizes the Citv, or its desianee, to move the vessel
on the mooring to another location when deemed necessary by the Harbor Resources
Manager.
Ij. Mooring Permit Transfer Non -Refundable Rental Charge. The City shall
charge the mooring permittee for the right to transfer a mooring permit under subsection
(E) of this section in an amount equal to seventy-five (75)f;f+ percent of the annual
mooring rent ^eras establisheddetermined by City Council resolutionthe Master
foo SIGhe . This transfer charae rearesents a one-time non-refundable rental advance
for the use of a mooring. A mooring permit transfer charge shall not be required if:
1. The transfer is from the mooring permittee to the same mooring permittee
as trustor of an inter vivos trust, living trust or other similar estate planning tool; or
2. The transfer is made under subsections (F)(7) and (8) of this section.
10
3-16
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Ij. Mooring Permit Transfer Non -Refundable Rental Charge. The City shall
charge the mooring permittee for the right to transfer a mooring permit under subsection
(E) of this section in an amount equal to seventy-five (75)f;f+ percent of the annual
mooring rent ^eras establisheddetermined by City Council resolutionthe Master
foo SIGhe . This transfer charae rearesents a one-time non-refundable rental advance
for the use of a mooring. A mooring permit transfer charge shall not be required if:
1. The transfer is from the mooring permittee to the same mooring permittee
as trustor of an inter vivos trust, living trust or other similar estate planning tool; or
2. The transfer is made under subsections (F)(7) and (8) of this section.
10
3-16
3. The transfer is made aursuant to Subsection (E)(1) of this section.
K. Surrendered Mooring Equipment. If the mooring permittee sells, transfers,
or otherwise no longer owns the assigned vessel and does not intend to apply for, or
does not receive, approval to transfer the permit to another, the permittee may provide
written notice to tke-Harbor Resources-Qe t of his or her intent to surrender the
mooring permit; otherwise the provisions of subsection (G) of this section regarding a
vacant mooring shall apply.
Once a mooring permit is surrendered, the mooring permittee shall remove the
assigned vessel and/or the mooring equipment thirty (30) days after written notice of
surrender of the permit, or, upon failure to remove the mooring equipment, title shall
vest in the City and the City shall compensate mooring permittee the fair value for the
mooring equipment, less rent or fees owed, as provided in subsection (M) of this
section.
L. Revocation of Permit.
1. Grounds for Revocation. A mooring permit or sub -permit may be revoked
upon any of the following grounds set forth in Section 17.70.020 or for any of the
following:
a. The moored vessel or the mooring equipment has been determined to
violate the applicable mooring regulations in Section 17.25.020, and the mooring
permittee or sub -permittee has not made the necessary corrections or repairs within the
time required;
b. The mooring permittee or sub -permittee has failed or refused to allow an
inspection of the vessel to determine if it is seaworthy and operable, a public nuisance
or in compliance with applicable marine sanitation device requirements;
C. Living aboard a vessel assigned to a mooring without a live -aboard permit
unless otherwise noted in subsection (G) of this section .
d. —When the mooring permittee or sub -permittee fails to pay any mooring
rent or fee when due and is in arrears for a period of ninety (90) days or more;.. or
e. When the mooring permittee has sublet their mooring in violation of this
Title 17.
2. Notice and Hearing. In the event the Harbor Resources Manager
determines there are grounds to revoke a permit issued pursuant to this chapter, the
Harbor Resources Manager shall proceed in the manner described by Section
17.70.020.
3. Upon revocation, it shall be the duty of the mooring permittee to
immediately remove the mooring equipment and any moored vessel. If not removed
within thirty (30) days of revocation of the permit, the mooring equipment shall vest in
11
3-17
the City and may be auctioned by the City to another person or may be removed by the
Harbor Resources Manager and the cost of mooring equipment removal shall be paid
by the mooring permittee. Any moored vessel or equipment not removed within thirty
(30) days may be impounded by the City and disposed of in the manner provided by
law. City incurred costs of removal of mooring equipment or any vessel moored thereto
may be charged against the permittee and collected in any court of competent
jurisdiction or recovered by the City from the proceeds of sale of the vessel or mooring
equipment.
4. During any revocation proceeding under this subsection (L), if the mooring
is unoccupied, it may be temporarily assigned as a mooring for guest vessels by the
Harbor Resources Manager.
M. Moorings Reverting Back to City. Should a mooring revert back to the City
for any reason, whether through abandonment, surrender, failure to provide documents
pursuant to subsection ( E) of this section, or for any other reason, the following shall
apply:
1. The mooring permittee shall be entitled to recover all of mooring
permittee's mooring equipment within thirty (30) days of reversion.
2. If mooring permittee does not recover his or her mooring equipment,
mooring permittee shall be entitled to payment from the City of the fair value of the
mooring equipment as depreciated by use in an amount to be determined by the Harbor
Resources Manager and as set in the City's master fee resolution, after any and all past
due rent and fee, if aDDlicable, have been satisfied.
3. The mooring mays#a4 be publicly auctioned by the City, or the City's
designated representativease,g ;ems' to aR iRdi id al from the iRt St IiSt P FS unto
si bseGtOOR (1) of this seGtie- , or the mooring may be used for other City purposes -
12
3-18
the e
12
3-18
ORDINANCE NO. 2017 - 7
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, CALIFORNIA,
AMENDING NEWPORT BEACH MUNICIPAL CODE
TITLE 17 RELATING TO MOORINGS
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, pursuant to the 1978 Beacon Bay Bill, as amended, ("Beacon Bay
Bill") the City acts on behalf of the State of California as the trustee of tidelands located
within the City's limits, including Newport Harbor;
WHEREAS, the Beacon Bay Bill and Chapter 17.60 of the Newport Beach
Municipal Code ("NBMC") allow the City to issue permits to third parties to
construct/maintain moorings upon tidelands;
WHEREAS, the City offers two types of moorings, onshore and offshore, that
provide an affordable option allowing residents of California to use and enjoy the
tidelands in Newport Harbor;
WHEREAS, onshore moorings are located on the perimeter of the shore within
Newport Harbor, and offshore moorings are located offshore within the waters of
Newport Harbor;
WHEREAS, the mooring permits issued by the City do not convey any underlying
property interest, and instead only allow for the temporary mooring of a vessel upon the
waters of Newport Harbor according to the terms provided in the mooring permit;
WHEREAS, the City Council is committed to periodically reviewing mooring
regulations to ensure efficiency and consistency;
WHEREAS, the City worked closely with stakeholders in Newport Harbor,
including, but not limited to the Newport Mooring Association, to review and develop the
revised mooring regulations provided in this ordinance; and
WHEREAS, the City Council has considered all documents and comments in the
record in connection with this ordinance.
3-19
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council hereby amends NBMC Subsection 17.01.030(L) to
read as follows:
1. Offshore Mooring. The term "offshore mooring" shall mean
a mooring that is located bayward of the pierhead line and is
comprised of a single or double buoy, weight and chain installed for
the purpose of berthing a vessel as provided by Chapter 17.25 of
the Newport Beach Municipal Code, or any successor statute.
2. Onshore Mooring. The term "onshore mooring" or "shore
mooring" shall mean a mooring for vessels which are located in the
nearshore perimeter of the harbor and its islands, perpendicular to
the shoreline. One end of the mooring line is attached to a point on
or adjacent to the bulkhead, and the other end is attached to a
single buoy, weight and chain installed for the purpose of berthing a
vessel as provided by Chapter 17.25 of the Newport Beach
Municipal Code, or any successor statute.
3. Open Coastal Waters. The term "open coastal waters" shall
mean the area composed of submerged lands at extreme low water
of spring tide extending seaward to the boundaries of the Exclusive
Economic Zone (12-200 miles). This includes navigation channels,
turning basins, vessel berthing, anchorage and mooring areas of
Newport Bay.
4. Operable. The term "operable" shall mean capable of
maneuvering under the vessel's own power from the mooring to a
demarcation line designated by the appropriate authority and
generally to be defined as the line between the seaward ends of the
harbor entrance jetties and back to the mooring.
5. Operator. The term "operator" shall mean the person who
operates or who has charge of the navigation or use of the vessel.
Section 2: The City Council hereby amends NBMC Subsection 17.01.030(0)(6)
to read as follows:
6. Reserved.
3-20
Section 3: The City Council hereby amends NBMC Section 17.60.040 to read
as follows:
A. Permit Required. No person shall place, erect, construct,
maintain, use or tie to a mooring in the waters of Newport Harbor
over City -owned or controlled tidelands without first having obtained
a mooring permit from the Harbor Resources Manager or having
otherwise complied with this section. A mooring permit is in the
nature of license for the temporary use of a specific location within
the Newport Harbor.
B. Issuance of Permit—Conditions. The Harbor Resources
Manager, in furtherance of the tideland grants to the City, may
issue a mooring permit or mooring sub -permit to allow the mooring
permittee or mooring sub -permittee to temporarily use a portion of
the waters of Newport Harbor for the mooring of a vessel. Upon
the effective date of this chapter, a mooring permittee may hold up
to two (2) mooring permits at any time. A mooring permittee that
holds more than two (2) mooring permits prior to the effective date
of this chapter may continue to hold the mooring permits until the
permits are sold, revoked, or otherwise transferred under this
chapter.
1. Exceptions.
a. The Balboa Yacht Club and the Newport Harbor Yacht Club
(collectively, "yacht clubs") currently hold permits for single point
moorings placed within certain mooring area boundaries
established by the City, except as noted in subsection (13)(3)(f) of
this section. In addition, the Lido Isle Community Association
("LICA") has permits for on -shore moorings on Lido Isle. These
organizations shall hold their respective permits under the yacht
club, or respective organization name, for the moorings identified
by Harbor Resources as under their respective control at the time
of enactment of the ordinance codified in this section. The yacht
clubs and LICA shall be solely responsible for managing moorings
under their control and shall be permitted to assign moorings under
their control to yacht club members and members of LICA,
respectively. The yacht clubs and LICA shall keep accurate records
of the name and address of the club members and community
association members to which each mooring has been assigned.
Mooring records shall be made available for audit by the Harbor
Resources Manager during regular business hours upon request.
b. Mooring of a Tender. A single vessel no longer than fourteen
(14) feet in overall length to serve as access to and from the
assigned vessel, may be secured to the assigned vessel or may be
3
3-21
secured to the offshore mooring in the absence of the assigned
vessel. Notwithstanding the single vessel restriction, permitted live
aboards may secure up to two (2) vessels no longer than fourteen
(14) feet in overall length to the assigned vessel, to serve as
access to and from the assigned live aboard vessel.
C. Multiple Vessel Mooring System Program. The Harbor
Resources Manager may approve a multiple vessel mooring
system in the mooring areas of Newport Harbor Yacht Club and the
Balboa Yacht Club. An application for a multiple vessel mooring
system shall be submitted in writing to the Harbor Resources
Manager, who shall evaluate the application based upon standards
he or she shall have established.
2. Permit Requirements. Each mooring permit may be issued
for up to two (2) natural persons ("mooring permittee(s)") who shall
be individually and collectively responsible for all activities related
to the mooring permit. To the satisfaction of the Harbor Resources
Manager, the mooring permittee(s) shall:
a. Identify on the permit the full legal name(s), current
address(es), current telephone number(s) and current e-mail
address(es), if one exists, of the mooring permittee(s);
b. Agree to be responsible for permit rent, fees, maintenance
and repair of mooring equipment;
C. The permit for joint ownership moorings shall provide that all
parties shall have equal rights under the permit and shall be held
jointly responsible for compliance with all rules, regulations, and
conditions set forth in the mooring permit.
d. Grant permission to the City to temporarily assign the
mooring to another vessel when it is unoccupied through the
issuance of a mooring sub -permit;
e. Agree to defend and indemnify the City and any other
government entity with jurisdiction against any claims or losses
arising out of, or related to the use of, the mooring permit except
where the claim or loss arises from the sub-permittee's damage of
the mooring, or out of the negligence and/or misconduct of a
person assigned the mooring as a mooring sub -permittee under
subsections (G) and/or (H) of this section;
f. Provide proof of insurance on a vessel as may be
determined by the City's Risk Manager;
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g. Provide registration or other proof of controlling possessory
right in the assigned vessel, all to the satisfaction of the Harbor
Resources Manager;
h. Agree to pay fair market value rent, as established by
resolution of the City Council, on a rent schedule established by the
Harbor Resources Manager, which shall be similar to the schedule
used to collect rent from other tidelands users in Newport Harbor;
i. Agree that the mooring permit does not provide any
ownership interest in the underlying tidelands, which are held in
trust by the City and owned by the people of the State of California;
and
j. Authorize the City, or its designee, to move the vessel on the
mooring to another location when deemed necessary by the Harbor
Resources Manager.
3. Permittee/Transferee Qualifications. A mooring permit may
be held by, or transferred to, only the following persons:
a. A natural person(s) holding title to an assigned vessel;
b. An executor or administrator carrying out the terms of a will
or administering a probated estate that holds a mooring permit, but
only for the period of time prior to distribution of the estate;
C. An inter vivos trust, family trust, or other similar type of trust
estate holding a mooring permit, so long as all trustors are natural
persons and the primary mooring permittee shall be the trustee of
the trust;
d. An approved transferee whose vessel and/or mooring permit
are subject to any of the terms and conditions stated in subsection
(E) of this section;
e. A marine contractor or marine support service provider,
holding a mooring permit used to provide current or ongoing harbor
infrastructure and marine or fishing services (such as maintenance
and dredging);
f. Balboa Island Yacht Club for the purposes of youth
education in boating and marine activities; Kerckhoff Marine
Laboratories for the purpose of marine and oceanographic
research; and American Legion Post 291 for the purpose of serving
veterans and their families and supplying them with affordable
access to boating and harbor activities; or similar marine
educational entities;
5
3-23
g. The Balboa Yacht Club, Newport Harbor Yacht Club
(collectively "yacht clubs") and the Lido Isle Community
Association—only for those moorings assigned by the City within
certain established mooring areas or locations, prior to the
enactment of this amended ordinance codified in this section.
These designated mooring areas may not be expanded. The
boundaries of these mooring areas are graphically depicted by
National Oceanographic and Atmospheric Administration ("NOAX)
Chart Number 18754. Yacht clubs shall be entitled to a maximum
number of moorings as can be accommodated in the mooring fields
designated in NOAA Chart Number 18754 and at a minimum the
current number of moorings assigned to them as of the effective
date of the ordinance codified in this section.
C. Plans and Specifications Required. No mooring permit shall
be issued for placing, erecting, constructing or maintaining a
mooring or buoy unless such mooring or buoy is constructed:
1. In accordance with standard plans and specifications
approved by the Harbor Resources Manager and at a location
approved by the Harbor Resources Manager; or
2. In accordance with other plans and specifications for such
mooring or buoy which have been submitted by the applicant,
showing the construction of such proposed mooring or buoy
together with the location thereof, and which meet the requirements
established in this chapter and which have been approved by the
Harbor Resources Manager.
D. Late Fees. A ten percent (10%) late charge shall be added
to all payments due but not received by City by the due date.
E. Transfer of Permit. No mooring permittee shall transfer a
permit for a mooring or buoy granted under the provisions of this
chapter, except:
1. When transferred from a natural person to another member
of his or her immediate family, which shall be defined for the
purposes of this section as the mooring permittee's spouse and
heirs at law to the second degree of consanguinity; or
2. Except when transferred to immediate family, a mooring
permit may only be transferred under this subsection up to one (1)
time in any twelve (12) month period.
F. Procedures for Transfers. Permits shall not be transferred
without the prior written approval of the Harbor Resources
A
3-24
Manager. The Harbor Resources Manager shall approve the
transfer of a mooring permit under the procedures set out below:
1. The mooring permittee(s) (or, if the permittee is deceased or
incapacitated, the transferee) shall submit to the Harbor Resources
Manager:
a. A completed mooring transfer form (on the form provided by
the Harbor Resources Manager); and
b. Documentation that the proposed new mooring permittee
(transferee) qualifies as a mooring permittee under subsection
(13)(3) of this section.
2. If transferee intends to purchase an assigned vessel but
does not have title on the assigned vessel owned by the mooring
permittee and transferor at the time of transfer, then:
a. Within sixty (60) days of a transfer, transferee shall submit to
Harbor Resources Manager a copy of a California Department of
Motor Vehicles registration or other current registration (or in lieu
thereof, U.S. Coast Guard documentation of ownership)
documenting transferee's ownership of the assigned vessel or, in
the case of an onshore mooring, a photograph of the assigned
vessel if it is not subject to vessel registration laws; or
b. If such documentation is not received by the Harbor
Resources Manager within the sixty (60) day period, then the
vessel or the mooring may be impounded, the mooring may be
deemed vacant and may be assigned pursuant to subsections (G)
and (H) of this section.
3. If transferee intends to moor a vessel other than the
assigned vessel and does not have title to the vessel that will be
moored at the time of transfer, then:
a. Within sixty (60) days of an approved transfer, the transferee
shall notify Harbor Resources Manager that the assigned vessel
has been removed from the mooring and before a new vessel may
be placed on the mooring shall submit to Harbor Resources
Manager a copy of a California Department of Motor Vehicles
registration or other current registration (or in lieu thereof, U.S.
Coast Guard documentation of ownership) documenting
transferee's ownership of the new assigned vessel, or in the case
of a shore mooring, a photograph of the new assigned vessel if it is
not subject to vessel registration laws; or
7
3-25
b. If the documentation is not received within sixty (60) days of
a transfer, the mooring may be deemed vacant by the Harbor
Resources Manager and the mooring may be assigned pursuant to
subsections (G) and (H) of this section. The mooring may remain
vacant until such time the permittee notifies the Harbor Resources
Manager of their intent to assign their vessel to the mooring.
4. The transfer request shall be denied unless mooring permit
rent, including late payment fees, are paid current; required
mooring inspections are current; required maintenance and repairs
are complete and there are no derelict or unauthorized vessel(s) on
the mooring.
5. The mooring permittee and transferee shall provide a written
agreement to defend and indemnify the City of Newport Beach in
any dispute with a third party over transferee's right to be the
mooring permittee or in any dispute with a third party over the
mooring permittee's right to transfer the permit.
6. Transfer Approval. Upon confirmation of compliance with this
subsection, the Harbor Resources Manager must find all of the
following conditions to approve the transfer of a mooring permit:
a. The mooring permittee no longer owns the assigned vessel
or has retained ownership of the assigned vessel and has
permanently vacated the mooring;
b. The transferee has met all the qualifications and conditions
for issuance of a permit in subsection (B) of this section; and
C. The transferor has accurately listed the transfer price of the
mooring permit on a publicly available website hosted by the City,
or on a third -party's website under contract with the City to host
information regarding mooring permit transfers; and
d. The transferor or transferee has paid to the City the required
transfer rental charge.
7. The Harbor Resources Manager may approve a one-for-one
exchange of moorings between two (2) mooring permittees, subject
to compliance with this subsection without any transfer rental
advance charge imposed by the City.
8. The Harbor Resources Manager may approve the changing
of an assigned vessel on the permit, subject to the requirements of
subsection (B) of this section, without any transfer rental advance
charge imposed by the City.
n.
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G. City's Authority to Assign Moorings through Use of Sub -
Permits. With the exception of the Balboa Yacht Club, the Newport
Harbor Yacht Club, and the Lido Isle Community Association's
designated moorings, mooring permittee may not rent, assign, or
transfer the use of the mooring to any other person. With the
exception of moorings issued to mooring permittees described in
subsection (B)(3)(e) of this section, City shall have the authority to
assign vacant moorings to sub -permittees pursuant to the following
provisions:
1. Deemed Vacant Moorings. City may assign deemed vacant
moorings through the issuance of sub -permits at its own discretion.
Sub -permits may be renewed upon availability. The mooring
permittee may reclaim its mooring upon three (3) days prior written
notice to City of its intent to return the assigned vessel to the
mooring.
A "deemed vacant mooring" shall be defined as a mooring upon
which:
a. An assigned vessel has not been attached for thirty (30)
consecutive days or more; or
b. A vessel, other than an assigned vessel, has been attached
for thirty (30) days or more; or
C. Required documentation for an assigned vessel has not
been provided for a transfer request pursuant to subsection (E) of
this section.
2. Noticed Vacant Moorings. City may assign noticed vacant
moorings at its own discretion through the issuance of a mooring
sub -permit for any period of time, up to the reoccupation date on
mooring permittee's written notice, or the twenty-four (24) hour
written notice per subsection (G)(2)(b) of this section. If the mooring
continues to be vacant for thirty (30) days past the reoccupation
date indicated on mooring permittee's notice, and there is no further
written notice from mooring permittee, the mooring shall become a
deemed vacant mooring.
a. Mooring permittee may provide written notice to City of its
intent to vacate its mooring for fifteen (15) days or more. These
moorings shall be "noticed vacant moorings." Written notice shall
include the date the mooring permittee intends to vacate his/her
mooring, and the date he/she intends to reoccupy the mooring with
the assigned vessel.
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b. If mooring permittee provides written notice, the mooring
permittee may reclaim the assigned mooring on the reoccupation
date indicated in his/her written notice or, if the mooring permittee
returns prior to or after the reoccupation date, upon twenty-four (24)
hours' written notice to the City.
H. Procedures for Mooring Sub -Permit Issuance. Any natural
person wishing to use a mooring pursuant to the issuance of a sub -
permit must enter into a written mooring sub -permit agreement with
the Harbor Resources Department that includes the following:
1. A written representation of the current vessel length which
shall be satisfactory to the Harbor Resources Manager.
2. An agreement to be responsible for any damage to mooring
equipment; to defend and indemnify the City of Newport Beach and
the mooring permittee against any claims or losses arising out of, or
related to, the mooring rental; to require the mooring sub -permittee
provide proof of insurance as may be determined by the City's Risk
Manager; to require registration or other proof of ownership; to
require an equipment damage deposit, all to the satisfaction of the
Harbor Resources Manager; and authorize the City, or its designee,
to move the vessel on the mooring to another location when
deemed necessary by the Harbor Resources Manager.
3. The repair of any damage to the mooring equipment shall be
paid by the mooring sub -permittee. If the mooring is damaged by a
vessel assigned by the City, or the City's agent, the City will
arrange for the repair of the mooring with a qualified vendor and
provide notice to the permittee of the occurrence and the arranged
repair date. Should the sub -permittee fail to pay for the damage for
any reason, the City will pay for the required repairs to the mooring,
and then seek reimbursement from the sub -permittee. Also, the
City will make available a mooring without charge for the returning
vessel of the mooring permittee until such time their permitted
mooring is repaired.
4. Mooring sub -permittees shall provide approved mooring
lines which shall be removed at the end of the rental period.
5. A mooring sub -permit agreement may be up to fifteen (15)
days and may terminate at any time for any reason, and may be
renewed based on availability. Upon return of the assigned vessel
to the mooring, Harbor Resources will attempt to reassign the sub -
permittee to another mooring. Mooring sub -permittees have no right
of renewal or substitute moorings upon return of the assigned
vessel, or upon termination of a mooring sub -permit agreement for
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any reason. Mooring sub -permittees accept an indefinite term at
their own risk.
6. The mooring sub -permit rent will be based on a rate
established by the Newport Beach City Council.
7. Live-aboards may be temporarily permitted to sub -
permittees pending vessel inspection, for a period not to exceed
fifteen (15) days in any twelve (12) month period.
8. Mooring sub -permits shall be offered to the public on a first-
come, first -serve basis.
9. Subject to the Harbor Resources Manager's approval, a
mooring may be loaned free of charge by the mooring permittee to
a vessel other than the assigned vessel for no more than thirty (30)
consecutive days; provided, that:
a. The mooring permittee provides the Harbor Resources
Manager with written notice identifying the vessel that will use the
mooring;
b. The mooring permittee has not loaned the mooring for more
than sixty (60) days in the twelve (12) month period that
immediately precedes the commencement of the current mooring
loan;
C. The vessel owner requesting a loan has not previously been
the recipient of loans for more than ninety (90) days in the previous
twelve (12) months; and
d. The vessel owner authorizes the City, or its designee, to
move the vessel on the mooring to another location when deemed
necessary by the Harbor Resources Manager.
I. Mooring Permit Transfer Non -Refundable Rental Charge.
The City shall charge the mooring permittee for the right to transfer
a mooring permit under subsection (E) of this section in an amount
equal to seventy-five (75) percent of the annual mooring rent as
established by City Council resolution. This transfer charge
represents a one-time non-refundable rental advance for the use of
a mooring. A mooring permit transfer charge shall not be required
if:
1. The transfer is from the mooring permittee to the same
mooring permittee as trustor of an inter vivos trust, living trust or
other similar estate planning tool; or
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2. The transfer is made under subsections (F)(7) and (8) of this
section.
3. The transfer is made pursuant to Subsection (E)(1) of this
section.
K. Surrendered Mooring Equipment. If the mooring permittee
sells, transfers, or otherwise no longer owns the assigned vessel
and does not intend to apply for, or does not receive, approval to
transfer the permit to another, the permittee may provide written
notice to Harbor Resources of his or her intent to surrender the
mooring permit; otherwise the provisions of subsection (G) of this
section regarding a vacant mooring shall apply.
Once a mooring permit is surrendered, the mooring permittee shall
remove the assigned vessel and/or the mooring equipment thirty
(30) days after written notice of surrender of the permit, or, upon
failure to remove the mooring equipment, title shall vest in the City
and the City shall compensate mooring permittee the fair value for
the mooring equipment, less rent or fees owed, as provided in
subsection (M) of this section.
L. Revocation of Permit.
1. Grounds for Revocation. A mooring permit or sub -permit
may be revoked upon any of the following grounds set forth in
Section 17.70.020 or for any of the following:
a. The moored vessel or the mooring equipment has been
determined to violate the applicable mooring regulations in Section
17.25.020, and the mooring permittee or sub -permittee has not
made the necessary corrections or repairs within the time required;
b. The mooring permittee or sub -permittee has failed or refused
to allow an inspection of the vessel to determine if it is seaworthy
and operable, a public nuisance or in compliance with applicable
marine sanitation device requirements;
C. Living aboard a vessel assigned to a mooring without a live -
aboard permit unless otherwise noted in subsection (G) of this
section;
d. When the mooring permittee or sub -permittee fails to pay
any mooring rent or fee when due and is in arrears for a period of
ninety (90) days or more; or
e. When the mooring permittee has sublet their mooring in
violation of this Title 17.
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2. Notice and Hearing. In the event the Harbor Resources
Manager determines there are grounds to revoke a permit issued
pursuant to this chapter, the Harbor Resources Manager shall
proceed in the manner described by Section 17.70.020.
3. Upon revocation, it shall be the duty of the mooring
permittee to immediately remove the mooring equipment and any
moored vessel. If not removed within thirty (30) days of revocation
of the permit, the mooring equipment shall vest in the City and may
be auctioned by the City to another person or may be removed by
the Harbor Resources Manager and the cost of mooring equipment
removal shall be paid by the mooring permittee. Any moored vessel
or equipment not removed within thirty (30) days may be
impounded by the City and disposed of in the manner provided by
law. City incurred costs of removal of mooring equipment or any
vessel moored thereto may be charged against the permittee and
collected in any court of competent jurisdiction or recovered by the
City from the proceeds of sale of the vessel or mooring equipment.
4. During any revocation proceeding under this subsection (L),
if the mooring is unoccupied, it may be temporarily assigned as a
mooring for guest vessels by the Harbor Resources Manager.
M. Moorings Reverting Back to City. Should a mooring revert
back to the City for any reason, whether through abandonment,
surrender, failure to provide documents pursuant to subsection (F)
of this section, or for any other reason, the following shall apply:
1. The mooring permittee shall be entitled to recover all of
mooring permittee's mooring equipment within thirty (30) days of
reversion.
2. If mooring permittee does not recover his or her mooring
equipment, mooring permittee shall be entitled to payment from the
City of the fair value of the mooring equipment as depreciated by
use in an amount to be determined by the Harbor Resources
Manager and as set in the City's master fee resolution, after any
and all past due rent and fee, if applicable, have been satisfied.
3. The mooring may be publicly auctioned by the City, or the
City's designated representative, or the mooring may be used for
other City purposes.
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
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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 by the City
Council at a regular meeting held on the day of 2017, by the following
vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
KEVIN MULDOON, MAYOR
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APPROVED AS TO FORM:
THE Cl TORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
ATTEST:
LEILANI I. BROWN, CITY CLERK
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