HomeMy WebLinkAbout04 - Allowing Short-Term Mooring License Agreements and Establishing Fair Market Value License Fees for Offshore and Onshore Moorings - CorrespondenceReceived after Agenda Printed
November 14, 2023
Item No. 4
From: OilClerk"s Office
Ta: Mulvev.lennifer� Rieff. Kim
subject. M: Wade Womack fine, comments on agenda item #4 (Short Term Mooring License Agreements)
Dale: November 14, 20D 12:48:51 PM
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From: Wade Womack <wade@orangecoastla.com>
Sent: Tuesday, November 14, 2023 12:48:32 PM (UTC-08:00) Pacific Time (US & Canada)
To: Dept - City Council <CityCouncil@newportbeachca.gov>; City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: Wade Womack written comments on agenda item #4 (Short Term Mooring License Agreements)
Dear City Council,
I am opposed to the agenda item N4 as it relates to establishing a new mooring "license" agreement and the mooring fees associated with this proposal. The city has successfully rented out the city moorings
on short term basis without the need for changing the harbor code and creating a mooring license agreement. The city has successfully used a simple fee schedule and rental agreement for renting out the
hand full of city owned moorings. This harbor fee schedule can be used for short-term or long-term rentals and rates can be adjusted as the city sees fit. Why the need to confuse the harbor code with
mooring "license agreement". Here is a link to the city harbor fees schedule where the city can add a new category for month -to -month rentals of city owned moorings as contemplated. Harbor Fees I Citv of
Newport Beach Inewnortbeachca.govl
Proposed rates: I oppose the recommended mooring rate schedule as the appraiser is comparing apples to oranges when he compares mooring rates to boat slips. The city moorings are difficult to access as
there is no shore boat in our harbor. The boat slips at Balboa Yacht Basin, which the resolution pegs rates to are easily accessed with good parking, power, and water. The appraiser uses the yacht club
moorings as a comparable, however the yacht clubs have shore boats for easy access. The city moorings offer no access features. There is no justification for pegging mooring rates to slip rates.
Lastly, I object to the any reference that mooring rates must be charged at full market rental value. The "fair market" language of the Beacon Bay Bill refers specifically to the filled tidelands (residences) on
Beacon Bay and not to other tidelands (as confirmed by City Attorney Jung in 2022). The Coastal Act and our city Coastal Land Use Plan encourages moorings as low-cost recreational boating amenities (please
see policy 3.3.2-3 below). Also, City Council Policy F-7 E specifically allows the city to charge less than fair market rents for recreational uses, as recently implemented at the Newport Aquatic Center.
I am concerned the harbor commission is recommending extremely high rates without taking into account city policy, the city's local coastal program, reasonable appraisal practices and the California Coastal
Act. The Harbor Commission would be better served reaching out to stakeholders when establishing mooring rates in Newport Harbor.
Thank you for your consideration,
Wade Womack
Newport Beach, CA
Newport Beach Council Policy F-7 E. However, in some circumstances the City may determine that use of a property by the public for recreational, charitable or other nonprofit purpose is preferred and
has considerable public support, in which case the City may determine that non -financial benefits justify not maximizing revenue from such property. In such circumstances, the City has a vested interest
in ensuring that the lessee of such property operates the activities conducted on or from the property in the manner that has been represented to the City throughout the duration of any lease or
contract with the City.
City of Newport Beach Local Coastal Program Policy
3.3.2-3. Continue to provide shore moorings and offshore moorings as an
important source of low-cost public access to the water and harbor.
3.3.24. Provide anchorages in designated areas, which minimize interference
with navigation and where shore access and support facilities are
available.
3.3.2-5. Continue to enforce the
ordinances that require
moored and docked
vessels to be seaworthy
and navigable and thereby
preserve the positive image
of the harbor and promote
public use of the water.
3.3.2-6. Protect, and where
feasible, enhance and
expand guest docks at
public facilities, yacht clubs
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7 yr � �YT+ _ •t
From: Harp, Aaron
To: Brown, Leilani
Subject: FW: West Newport Municipal Code Changes 500 feet near Parks/Schools
Date: November 14, 2023 2:07:12 PM
Attachments: imaae002.inci
For tonight's meeting.
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From: Michael/Elizabeth Kirchner <ekirchner(@sbcglobal.net>
Date: Monday, November 13, 2023 at 12:22 PM
To: Stapleton, Joe<istapletonPnewportbeachca.gov>, Blom, Noah
<NBlom(@newportbeachca.gov>, O'Neill, William <woneill(@newportbeachca.gov>, Kleiman,
Lauren <Ikleiman(@newportbeachca.gov>
Subject: West Newport Municipal Code Changes 500 feet near Parks/Schools
[EXTERNAL
content is safe.
Dear Councilmember Stapleton and Ad Hoc Committee Councilmembers,
We live in West Newport between Orange Street and the Santa Ana River Jetty, and we have
some comments and concerns about the proposed Municipal Code Changes/Additions to
section 12.40.055 Parking of Certain Oversized Vehicles and Nonmotorized Vehicles in
Residential Districts Prohibited.
We assume that this will apply to West Newport Park all the way to the Jetty. We are very
excited about these possible changes and hope they will address ongoing issues we have had
in the area (and of course in other areas of the City.)
We have lived here for many years and finally about a year and a half ago we communicated
with Lieutenant Carpentieri about motorhomes, campers, homeless, and drug issues in our
neighborhood. He was extremely helpful and the programs he and the department
implemented certainly helped - unfortunately things have ramped back up some in the past
several months.
So, when we saw the proposals listed in this section of the code, we read through them
several times and now have some questions and concerns - we realize that the redline
changes were listed rather than the entire code, so all the pertinent information may not be
available.
It appears this new code simply applies to a "large motor vehicle." From prior contacts with
parking/police we were aware of the 22 feet x 84 x 84 definition (20 feet at the Balboa lot.)
From our experiences here however, applying these new codes to just those vehicles will not
solve much of the problems. Specific to this area is the fact that people in motorhomes,
Sprinter vans, camper vans, pickup campers, and towed trailers pay 200.00 to stay at
Huntington State Beach and then at 10pm when it closes, come over here to spend the night.
They seem to like to stay from Orange Street to the Jetty, but we also see the same ones
parked all the way from 56th street to here. And some park here and stay for several days or
weeks and go over to hang out with others in HB.
It seems to us that in addition to the older larger motorhomes, the Sprinter style vans have
now become the "modern motorhome". We do realize a lot of people use them to come to
the beach and surf with their families - or use them for work trucks. However, we've spoken
with several van life people, and they told us they spend a week in Newport, a week in CM, a
week in HB, etc. Perhaps they could be "illegal" overnight? And also, people have used them
for Airbnb rentals...
Hopefully the new code will apply to some of the Sprinter style vans as well. We looked up
their dimensions -
Sprinter 234-290 L x 80 W x 96-114 H
Dodge 233-289 L x 80 W x 96-108 H
Ford 220-264 L x 81 W x 82-110 H
We were up in Naples, Long Beach over the weekend and took a photo of their no parking
signs which say: No Parking in this Block - vehicles over 85 inches high or 80 inches
wide or 20 feet long - except by permit. L.B.M.C.
Another concern is - under the Exclusion section G it says "Motor vehicles" with handicap
placards or license plates are exempt.
Again, we're sure you know that a substantial number of these vehicles have handicap
permits. Those vehicles are an issue. As an example, there has been an older woman here in
a large, oversized motorhome (she also has a Passat station wagon) on and off for almost 2
months. We and our neighbors have called, the police have come out, parking as well. She
just stays for 3 days - last week for 6 - and moves around. Also, she is far from handicapped
- jogging on the beach with her dogs, and a Tesla came and picked her up one day. She
waved at us when she left. And an older man with a large dog in a royal blue bubbletop
campervan seemed innocuous enough until our neighbor told us that the man's dog bit his
wife and when he went out to speak with him, the man started yelling obscenities and
screaming at him. The point being is, if the new code excludes them, it would mean that they
and others could park there all the time. Perhaps the new code could limit "handicap" to
daytime hours only?
And Section G exclusions also mentions "legally parked in a parking lot." Does that mean
they are allowed to park there for extended periods of time?
These changes sound like a good start - but only if they can apply to more vehicles than just
the oversized motorhomes.
But additionally, there really needs to be enough parking enforcement to deal with these
issues. We know the number of parking control officers has been reduced more and more
over the years. We've noticed the difference. We would really advocate to increase the
budget for more parking (and police) officers.
As an example, a month or so ago a large bus -sized motorhome parked here for 8 days. It
was oversized and not in front of the owner's residence. It left and came back a few days
later. Then an older woman in a Honda CRV towing a teardrop trailer parked behind it - she
got out and started cooking at the back of the trailer. An hour or so later a larger cabover
motorhome camper came and parked a few spaces behind her. If there is not any parking
enforcement - even notices left on windshields, citations, warnings - then the word gets out
and everyone knows this is a good place to stay.
And along the same lines, we just read about the Restroom Closures. That is a great idea
that is long overdue. Concerning 68th Street, we strongly feel the hours should be from 6am
to 10pm. The surfers are rarely here any earlier - it's dark before that. The beach closes at
10pm. We can't tell you how many people are here way past that time. And this might help
with the overnight campers/van lifers- if they knew the restrooms were closed between
10pm and 6am it could serve as a deterrent to them, as well as late beachgoers.
We appreciate your time in reading this long email. Perhaps you have more insight into the
specifics of these changes. On the surface they sound great. If there is something else we
can do please let us know. If you have any questions or suggestions, we can be reached at
ekirchner(a sbcglobal.net or (949) 642-6941 or (949) 887-4837.
Once again, thank you for taking so much of your time with this.
Sincerely, Michael and Elizabeth Kirchner
From: City Clerk"s Office
To: Mulvey. Jennifer; Rieff. Kim
Subject: FW: OPPOSITION TO PROPOSED MORRING RATES FOR CITY "OWNED" MOORINGS
Date: November 14, 2023 2:33:35 PM
From: Admin <mail@newportmooringassociation.org>
Sent: Tuesday, November 14, 2023 2:33:12 PM (UTC-08:00) Pacific Time (US & Canada)
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Cc: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: OPPOSITION TO PROPOSED MORRING RATES FOR CITY "OWNED" MOORINGS
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
k_fe.
OPPOSITION TO PROPOSED MORRING RATES FOR CITY "OWNED" MOORINGS
To the City Council,
The City of Newport Beach acts as trustees of the tidelands. The City does not own the
tidelands but rather administers the use of the tidelands. Over time the City as used portions of
the tidelands which have moorings. While the City owns the tackle, such as weights, chains
and buoys connected to the area of the tidelands, the City does not own the tidelands
associated with the moorings. As used below, "City Owned Moorings" refers to these
moorings.
The Newport Mooring Association (NMA) has reviewed the proposed rates for what has been
called "City Owned" Moorings and has concluded that the proposed rates are inappropriate.
We urge the City to postpose action on these rates until such time as the Newport Mooring
Association is able to obtain its own appraisal and review the pending appraisal on all the
other off -shore moorings. The NMA is aware that the Harbor Commission intends to present
an appraisal for the bases of new rates for approximately 600 or more offshore mooring rates
within two months. At the Harbor Commission meeting two to three months ago, the public
was advised that the appraisal would be complete and presented within approximately 60
days. The NMA would like the opportunity to review the permit offshore mooring appraisal
and then comment on or obtain for offshore mooring rates.
No Urgency. The City has "owned' or had the right to rent moorings under their control for
over a decade and has done so from time to time. A short delay will in no way prevent the
City from continuing to do so, especially in the winter months when the demand for use of
moorings is low.
Initial Specific Concerns
Following a brief review to the appraisal submitted in support to the suggested rates, the
following concerns are noted:
Comparable Charged for Moorings
Tying rates to a marina slip rates is not a comparable rate. These are totally different types of
uses.
Comparing rates to San Diego mooring rates is closer even if San Diego mooring rates need to
be increased with the cost of living. However, San Diego provides in -water dingy docks for
dinghy with outboard motors, so there is reasonable access at no cost. Any comparison the
mooring rates in San Diego would need to be reduced by the cost of renting a dock in Newport
Beach for use of a motorized dinghy in the water for access to the mooring. A mooring
without reasonable access is like the sound of one hand clapping. Our initial inquiry would
show that the cost of having, for example, a 10-foot dinghy on a dock in Newport Beach is on
average $400 per month or more. Any comparison to rates in San Diego would need to be
adjusted downward by $400 per month for similar access.
There is also mention of moorings and slips in Central and Northen California, but no study of
these harbors, how they differ from Newport Beach, any subsites or under market rents for
slips to, for example, support local fishing fleets, etc. San Diego moorings appear to the
closest similar moorings.
The rates for San Diego Moorings are misstated in the appraisal. As of November 14, 2023
(today) the published rates for mooring (with access by way of 24/7 no limit dinghy docks) is
on average approximately $2.50 per foot. Here are the published rates:
Al - Shelter Island Roadstead $128.17 $64.00
A2 - America's Cup Harbor (rows B-J - under 30') $147.57 $74.00
A2 - America's Cup Harbor (rows L-V - 30'-65') $157.07 $79.00
A3 - Laurel Street Roadstead $138.02 $69.00
A3 - Laurel Street Mediterranean (under 35') $147.57 $74.00
A3 - Laurel Street Dual Point $147.57 $74.00
A4 - Bay Bridge Roadstead (Coronado] $128.17 $64.00
The average sized mooring is 50 feet. Using a rate of $150 per month, the rate is $2.50 per
foot with full access using the 40 to 50 foot moorings typical of Newport Beach. The
appraisal incorrectly states that San Diego rate $2.37 for moorings similar in size to Newport,
and $4.92 for noncomparable moorings, but then incorrectly averages the non -comparable
mooring with the comparable moorings for a blended rate of approximately $3.65 per foot per
month.
Here's a view of moorings in San Diego showing three in water dinghy docks for use of the
moorings. You can see each mooring has easy water access at no additional charge.
Comparing the mooring rates to Yacht club rates, again does not take into account that the
yacht clubs provide access to the moorings which arguably is even better than access by way
of an in -water dinghy at a nearby public dock. This is because the mooring holder does not
have to purchase a dinghy, motor and maintain the dinghy, as well as not paying for dock
space. Again, any reference to yacht club rates would need to be reduced by the cost of
acquiring, maintaining an access motorized dinghy in the water and payment for in water dock
space for the access dinghy.
Unfair Method and Beacon Bay Act Violation.
The appraisal does not take into account other rates charged by the City for all, or almost all
other uses of the tidelands, including restaurants with piers, rates charged to private marinas
for the use of the tidelands, rates charged to homeowners for use of the tidelands for private
docks (piers). This appears be both unfair and also a violation of the Beacon Bay Act, with
forbids discrimination in rates charged for the use of the tidelands.
Common Methodology Not Used.
The methodology of comparing rates for mooring vs slips is not the usual method for
appraising moorings. The State Lands Commission has used a totally different method,
namely, first ascertaining the fair charges that the State charges per square foot for use of the
tidelands for recreational uses, then ascertains the square footage used by a mooring, then
applies the same square foot of tidelands use for the square footage used by the moorings.
That appears to be the same basic method used by the City of Newport Beach when setting the
published rates for the other sues of the tidelands.
The methodology used by the State Lands Commission can be seen in reports ignored by this
appraisal.
Three reports we have reviewed include:
Southern California Benchmark Memo date May 6, 2022
San Francisco Bay Area Benchmark Memo date January 18, 2022
Tomales Bay Benchmark Memo date October 7, 2020
As shown in the California State Lands Commission Tomales Bay report ( at page 11):
"The Commission typically charges 5% to 6% of gross income for boat berthing for sites
leased to commercial marina operators, with most of the leases set at 5% of gross income."
That is based on typical rates charged marinas for the use of the tidelands (not rates the
marinas charge persons they rent slip to).
High Rates Means Access Denied. The suggested rates appear to be grossly exaggerated and
run counter to the City's stated desire to increase access to use moorings. We have observed
for years there are at any time, approximately 50 or more moorings that are vacant and ready
to rent, but the City has had a history of setting the rates so high that there is a major vacancy
with the moorings that are not being used. This suggests a pattern that the City does not what
more moorings being used by the public. In short, the higher the rate, the fewer mooring will
be used by the public.
For the reasons set forth above, we urge the City to postpose action on the proposed rates until
such time as the Newport Mooring Association is able to consult with its own appraiser on
both the appraisal for the City Owned Moorings, as well as a review the pending appraisal on
all the other off -shore moorings.
Respectfully Submitted,
NMA Subcommittee on Mooring Rates