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HomeMy WebLinkAbout01 - Minutes - CorrespondenceFrom: Ad lever To: City Clerk"s Office Subject: Public Comment of Council 10/14/2025 Date: October 11, 2025 3:54:23 PM Attachments: Public Comment - Meetina Minutes of 09-23-2025 for 10-14-2024 - Leverenz.pdf [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Report phish using the Phish Alert Button above. Good day, Please incorporate that attached, within the agenda and meeting materials/record for City Council of October 14, 2025. Thank you, Adam Leverenz Newport Beach City Council Meeting - 09-23-2025 Partial Transcription: (Starting at Approximately1:00:30 on the timeline) (Presentation Slides Attached) Adam Leverenz: I just wanted to clarify. I e-mailed the clerk's office yesterday. So non -agenda occurs now? Mayor Stapleton: Correct. Adam Leverenz: Okay. Mayor Stapleton: Yeah. We've been moving it over, but this is the way it's gonna be from here on out, so, Adam Leverenz: Okay. Great. Mayor Stapleton: Sorry for any confusion. Adam Leverenz: No. I appreciate it. Um, I had some slides that I hope to have called up. Um, on the top of this there's a headline from an L.A. Times Staff writer from September 5t". It says State Lands Commission Draft Report weighs in on Newport Beach mooring permits. Um, from that article it says assistant city manager Seimone Jurjis told the Daily Pilot quote "The Commission made their position clear. People can't be buying and selling State Tidelands. It's the public, public's lands. The State's lands. Transferability is going to have to come to an end at some point", close quote. And below that there's a Voice of OC article headline Newport Harbor mooring battle heads to State Lands Commission. That's from September 9t". And quoting from that article, "Jurjis said that there is no legal way to continue allowing the sale and transferability of public State tidelands" close quote. Below the black bar, oops, still on the first slide, uh, there's a portion of a mooring permit, an offshore mooring permit. And there's uh, terms and conditions, and number one, in the green boxes, it indicates that it's for the temporary use of the mooring location. And further below, it says the mooring permit does not create or represent any form of property right, or provide any ownership interest in the underlying tidelands, which are held in trust by the City, and owned by the people of that state of California. And then next slide please. These are sections are from Title 17. The first one, 17 01, defines public trust lands, which I, 1 hope most are familiar with. 1740 references Iiveaboards, and part of that again, says nor does it create any property right to the mooring site. And then chapter 1760, from Title 17 Harbor Permits and Leases, it references City owned or controlled Tidelands, that is offshore moorings. Again it talks about the temporary use of a specific location, and again says a 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. Uh, clearly, mooring permits, defined in Code, don't convey deed or title to land. And as I noted at a recent Council meeting, on the City website, uh the Assistant City Manager, soon to be City Manager, was a Chief Operating Officer of a real estate investment company, and currently holds a real estate license. And I don't see how someone with those qualifications, can claim that mooring permits are selling Tidelands. I've heard the same sort of mis-statements out of a couple of Harbor Commissioners. And I, would like more truthfulness going forward. And, I, again, it seems like deception is being used to try and push an agenda, and it seems improper to me, and I hope it stops. Thank you. State Lands Commission draft report weighs in on Newport Beach mooring permits By Gabriel San Rornan Staff Writer Foilow Sept. 5, 2025 4,11 PM PT Assistant City Manager Seimone Jurjis told the Daily Pilot..... "The commission made their position clear," .... "People can't be buying and selling state tidelands. It's the public's lands, the state's lands. Transferability is going to have to come to an end at some point." Newport Harbor Mooring Battle Heads to State Lands Commission VoiceofOC Angelina Hicks Sep 9, 2025 "Jurjis said there is no legal way to continue allowing the sale and transferability of public state tidelands." CITY OF NEWPORT BEACH HARBOR PEPARTWENT OFF -SHORE MOORING PERMIT 23 T111S QFF-5HQFtl MOpR#NG P�Rh111T {"rViooring Perrni#"} is issued as of this 31 day of October by the CITY OF NEW PORT BEACH, a California municipal corporation and char[2r city f"City"j, to the person(s) lister[ below, if more than one (1) person or entity, each shall be jointly and severally liable and all are collectively referred to as "Mowing Pernaittee" herein. Thais Mooring Permit Is Issued undex the foiinwiIng terms and conditions; 1] This Mcoring Permit is a licerls far the temporary use of the moDring location 1pecified herein and i5 revocable. The issuance of thil MooringPermit "s no't create or re resent any form o ra a ri ht ar rovide an i i ownershnterest in the underlying tidelands, which are held in trust by the City and owned by the neople of the State I>f CaliF i (NBMC Section 17.64_040(A),[R)(2):Q) Newport Beach Title 17 Harbor Code: Chapter 17.01 DEFINITIONS 7. Public Trust Lands. The term `public trust lands" shall mean all lams subject to the common lave public trust for commerce, navigation, fisheries, recreation, and other public purposes and includes all tidelands, submerged lands, the beds of na-Vigable lakes and rivers, and historical tidelands and sub- merged lands that are presently filled or reclaimed and which were subject to the public trust at any Chapter 17.40 LI4'E- BOARDS C. The issuance of a lip e-aboard permit to a mooring permittee is not transferrable and does not create any tenancy between the ' and the it - tee or other nersons livinLy aboard nor does it create to the mooring site.I Ord. 202 3 - r - . Ord. 00-5 1 (Exh. 1) (part), 2020: Ord. 013-11 § 1582 01 ; Ord. 008-2. § 1 (part), 2008) Chapter 17.60 HARBOR PERI4IITS AND LEASES 17.60.040 _Icoring Permits. A. Permit required. No person shall place, erect. construct, maintain, use or tie to a muon2 in the waters of Newport Harbor over itv-owne or i.e., an ousnore moonn2 i or in the nearshore peruneter of Newport Harbor perpen- dicular to the shoreline (i.e., an onshore mooring) without first having obtained a mooring permit from the Harbormaster or having otherwise complied with this section. A moorin ermit is in the nature of license for the mporary use of a specific location within N ekvport FlarFor. 1. Agree that the oaring permit does not pro- v1 a any Mxners p interest in the underlying tice- lands, which are held in trust by the City and oiNmed by the people of the State of alifornia; Clearly, Permits do not provide deed or title to land, submerged or otherwise.