HomeMy WebLinkAbout04 - Harbor Mooring Regulation ModificationsTO:
FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
April 11, 2017
Agenda Item No. 4
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Chris Miller, Harbor Resources Manager,
cmiller@newportbeachca.gov
PHONE: 949-644-3043
TITLE: Harbor Mooring Regulation Modifications — Second Reading
ABSTRACT:
At the March 28, 2017 City Council meeting, the City Council introduced and conducted
the first reading of Ordinance 2017-7 amending Newport Beach Municipal Code Title 17
relating to moorings.
RECOMMENDATION:
a) Determine 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 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; and
b) Conduct a second reading and adopt 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.
FUNDING REQUIREMENTS:
There is no fiscal impact related to expenditures for this item.
DISCUSSION:
At the March 28, 2017 meeting, the City Council approved Ordinance No. 2017-7 and
passed to a second reading. The attached Ordinance reflects the one change made
during the meeting, which was:
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Harbor Mooring Regulation Modifications — Second Reading
April 11, 2017
Page 2
1. 17.60.040(F)(9): Following an approved transfer, the Harbor Resources Manager
n ay shall list the transfer price of the mooring permit on a publically 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.
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).
ATTACHMENT:
Attachment A — Ordinance No. 2017-7
4-2
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,
alifornia;
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
constructimaintain 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.
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Ordinance No. 2017-7
Page 2 of 14
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows.
Section 1: The City Council hereby amends NEMC Subsection 17.01.030(L) to
read as follows;
1. Offshore Mooring. The term "offshore mooring" shall mean a
mooring that is located bay -ward 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.
Z. Onshore Mooring. The term "onshore mooring" or "shore
mooring" small 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.
Ordinance No. 2017-7
Page 3 of 14
Section 3: The City Council hereby amends NBMC Section 17.60.040 to read as
follows:
A. Permit Required. No person shall pface, 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 rated 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 held
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.
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Ordinance No. 2017-7
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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 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 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(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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Ordinance No. 2017-7
Page 5 of 14
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 beating 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;
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Ordinance No. 2017-7
Page 8 of 14
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. bate 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 Manager.
The Harbor Resources Manager shall approve the transfer of a
mooring permit under the procedures set out below:
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Ordinance No. 2017-7
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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 (15)(3)
of this section.
2. If transferee intends to purchase an assigned vessel but does
not have title on the assigned vessel awned 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 Cather 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. It 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 mooring.
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Ordinance No. 2017-7
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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.
a. 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
subsection (B) of this section, without any transfer rental advance
charge imposed by the City.
0. Following an approved transfer, the Harbor Resources
Manager shall 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.
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Ordinance No. 2017-7
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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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Ordinance No. 2017-7
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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)
}lours' 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.
0. 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.
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Ordinance No. 2017-7
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& 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 (1 5j
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;
G. The vessel owner requesting a loan has not previously been
the recipient of loans for more than ninety (90) days in the previous
twelve (112) months; and
d. The vessel owner authorizes th e City, or its designee, to move
the vessel on the mooring to another location when deemed
necessary by the Harbor Resources Manager.
1. 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 ran -refundable rental advance for the use of
a mooring. A mooring permit transfer charge shall not be required if:
I , 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.
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Ordinance No. 2017-7
Page 12 of 14
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 Pert -nit.
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 sixty
(00) 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 17.70.027.
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Ordinance No. 2017-7
Page 1.3 of 14
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 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.
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Ordinance No. 2017-7
Page 14 of 14
Section 5: The City Council finds the approval of this ordinance is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15460(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 28th day of March, 2017, and adopted by the City Council
at a regular meeting held on the 11 [h day of April, 2017, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
KEVIN MULDOON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TQ FORM:
THE CI Y AT/Tq�RNEY' S OFFICE
AARON .0 -HARP, CITY ATTORNEY
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