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HomeMy WebLinkAbout03 - Harbor Mooring Regulations Modifications - AmendmentsATTACHMENT A March 28, 2017 Additional Amendments from Last Week's Version Agenda Item No. 3 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 or transferee has aGGLIrately listed reported to the tr�er Harbor Resources Manager the price of aip d for the mooring permit OR a pUbliGly available website hosted by the Gity, er en a third party's website URder GORtraGt with the Gity tG hnct iRfOrmatinn regardiRg mnnring permit traRGforc and d. The tFaRsferer 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. 3. Following an approved transfer, the Harbor Resources Manager may list 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. 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 n ATTACHMENT A March 28, 2017 Additional Amendments as of 3/28/17 Agenda Item No. 3 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; aPA C. The transferor or transferee has reported to the Harbor Resources Manager the price paid for the mooring permit, and has paid to the City the required transfer rental chargeiand- d. The transferor represents that he/she/it did not discriminate against any transferee or prospective transferee because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 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. 9. Following an approved transfer, the Harbor Resources Manager may list 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. 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 A 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 sixty 60n#iety490) 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 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. 10 ATTACHMENT B March 28, 2017 Item No. 3 Amendment ORDINANCE NO. 2017 - 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. 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. 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 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; 12 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. Perm ittee/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 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 ("NOAA") 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 9 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 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; C. The transferor or transferee has reported to the Harbor Resources Manager the price paid for the mooring permit, and has paid to the City the required transfer rental charge; and d. The transferor represents that he/she/it did not discriminate against any transferee or prospective transferee because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 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 n subsection (B) of this section, without any transfer rental advance charge imposed by the City. 9. Following an approved transfer, the Harbor Resources Manager may list 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. 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. N 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 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 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 as 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 11 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. 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; 12 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 sixty (60) 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 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 . pply: 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. 13 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 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. 14 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 APPROVED AS TO FORM: THE CITY AORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY ATTEST: LEILANI I. BROWN, CITY CLERK 15