HomeMy WebLinkAbout03 - Amending Sections 17.35.030 (Bayward Location of Piers and Floats) and 17.35.060 (Balboa Island - Noncommercial Piers) of the NBMC and Repealing H-1 - CorrespondenceReceived After Agenda Printed
November 14, 2023
Agenda Item Nos. 3 & 9
From: Jesus Hernandez
To: Dent - City Council; City Clerk"s Office; rarant(ftewportbeach.ca.aov; Stapleton. Joe; Avery, Brad;
Ikleinman(alnewportbeachca.gov; tomjohnsonCalme.com; nsantana(c voiceofoc.org; infoCalspon-newportbeach.org;
Reid. Boaaiano(@slc.ca.aov; Kate. Huckelbridge0coastal.ca.aov; corrice.j.farrar((Dusace.armv.mil;
Jennifer. Lucchesi( slc.ca.gov
Subject: Comments on agenda item #3 and #9 on 11/14/23 agenda
Date: November 13, 2023 2:11:00 PM
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Dear Newport Beach City Council,
I respectfully object to agenda item #3 (Ordinance 2023-16-allowing
extensions/encroachments of private piers/docks beyond U.S. Pierhead lines. It is not right to
allow private pier owners to extend past the established U.S. Pierheadlines throughout
Newport Harbor. Encroachments beyond the U.S. Pierhead lines into public waters should not
be tolerated for obvious reason including the fact that it is against the law as established by
US. Code section 33 subsection 424 regarding U.S. Pierhead lines in Newport Bay and the fact
that any encroachment must be approved by the federal government.
I respectfully disagree (opposed to) with agenda item #9 (deem Balboa Yacht Basin as
surplus property). This is an important municipal and public property that should not be
deemed surplus. The city has always managed this property and related buildings for the
benefit of harbor users. These buildings are important contributors to the tidelands fund and
should remain in the public domain. It is improper to deem this land "surplus". Has the city
consulted with State Lands Commission on this item?
It is unbelievable that this agenda item showed up out of nowhere. The last city council
discussion on this matter was to simply study highest and best use, not deem the property as
"surplus" so that it may be developed for uses other than harbor uses. There needs to be
robust public discussion before considering this matter. How did city staff jump from "study
highest and best use" to "deem the property surplus so that it can be privatized' behind closed
doors?
Thank you for your careful consideration
From: Rieff, Kim
To: Mulvey, Jennifer
Subject: FW: City of Newport Beach to allow private piers/docks to extend beyond U.S Pierhead lines
Date: November 14, 2023 3:27:35 PM
From: Jesus Hernandez <jesushernandeznewport@gmail.com>
Sent: November 14, 2023 2:56 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: Fwd: City of Newport Beach to allow private piers/docks to extend beyond U.S Pierhead
lines
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Dear Mayor Blom and City Council,
Please add this email, including the body of the email below to the record as additional public
comments on item #3 at today's city council meeting.
Thankyou
message
From: Jesus Hernandez<jesushernandeznewportPgmail.com>
Date: Mon, Nov 13, 2023 at 1:30 PM
Subject: City of Newport Beach to allow private piers/docks to extend beyond U.S Pierhead lines
To:<Jennifer.Lucchesi (@slc.ca.gov>,<corrice.j.farrar(@usace.army.mil>,
<citycouncil(@newportbeachca.gov>
Cc: <Reid.Boggiano(@slc.ca.gov>, <karl.schwing(@coastal.ca.gov>,
<Kate.Huckelbridge(@coastal. ca.gov>
Dear USACE, SLC and CCC Executives,
Tomorrow night (11/14/23) the Newport Beach City Council will vote on a change to city policy to
allow private pier owners to extend private piers/boat slips past the U.S Pierhead line in many parts
of Newport Harbor.
The passage of this policy will be in direct violation of 33 U.S Code Subsection 424 which indicates no
structure can be built past the established pierhead line without permission from the U.S.
Government. This definition of a pierhead line is in the city's certified local coastal plan.
By allowing private piers to be built beyond the established U.S. Pierhead line, the city will be
transferring use of these navigable waters from the public to the private pier owners, which
should not be allowed.
Please contact the City of Newport Beach and ask them to delay any vote on this matter until your
respective agency has had an opportunity to review this policy/ordinance change.
This city council ordinance change is item #3 on this agenda link: Agenda (legistarl.com)
Here is the title of agenda item #3 ORDINANCES FOR INTRODUCTION Ordinance No. 2023-16:
Amending Sections 17.35.030 (Bayward Location of Piers and Floats) and 17.35.060 (Balboa Island -
Noncommercial Piers) of the Newport Beach Municipal Code and Repealing City Council Policy H-1
Thankyou