HomeMy WebLinkAbout08 - Public Lands Trust Management Ad Hoc Committee to Review and Develop Recommendations Regarding the California State Lands Commission - CorrespondenceFebruary 10, 2026
Agenda Item No. E
From: Ad lever
To: City Clerk"s Office
Subject: Fw: 02/10/2026 Meeting - Public Comment - Consent #8
Date: February 07, 2026 9:49:09 AM
Attachments: Letter- Public Comment - City Council 02-10-2026 Consent Agenda Item 8 - Kleiman.pdf
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From: Ad lever <adlever@hotmaiLcom>
Sent: Saturday, February 7, 2026 9:47 AM
To: Kleiman, Lauren <Ikleiman@newportbeachca.gov>
Subject: 02/10/2026 Meeting - Public Comment - Consent #8
Please find that attached.
February 6, 2026
Good day Mayor Kleiman,
Re: City Council Meeting of Feb. 10, 2026, Agenda Item #8
Attached, please find materials taken from the website of the California State Lands
Commission (CSLC), for their December 16, 2025 Agenda Item #105, as is identified below.
These documents start on, or about page 494 on the CSLC website, running to on, or about to
page 508:
It is intended that these will aid the City in addressing the many matters related to the
February 10, 2026 City Council Meeting, Agenda Item #8:
Thank you,
Adam Leverenz
February 6, 2026
Good day Mayor Kleiman,
Re: City Council Meeting of Feb. 10, 2026, Agenda Item #8
Attached, please find materials taken from the website of the California State Lands
Commission (CSLC), for their December 16, 2025 Agenda Item #105, as is identified
below. These documents start on, or about page 494 on the CSLC website, running to on,
or about to page 508:
VI. Regular Calendar 145-110
Item Summary
CALIFORNIA STATE LANDS COMMISSION (ACTION WITH PRESENTATION)
Consider acceptance of the `Report on the City of Newport Beach's Public Trust Lands Management" and provide direction to staff
on next steps. CFQA Consideration_ not a project. (G 09-02) (A 72; S 36) (Staff: B_ Johnson, J_ Plovnick)
Staff report revised 1211112025.
105 � Piihiin Cnmmant5z
The Commission is committed to ensuring its website content is accessible to all users. Some public comment letters are posted as
received and may not meet accessibility standards. If you need assistance accessing these materials or require an alternative
format, please contact the Commission at CSLC.CommissionMeetings@slo.ca.gov.
It is intended that these will aid the City in addressing the many matters related to the
February 10, 2026 City Council Meeting, Agenda Item #8:
8. Resolution No. 2026.12: Establishing the Public Lands Trust Management
Ad Hoc Committee to Review and Develop Recommendations Regarding the
California State Lands Commission Report Regarding the City's
Management of the Tidelands
Thank you,
Adam Leverenz
adlevera hotmail.com
Draft Newport Beach Mooring Management/Settlement
Proposal - 10/30/2025:
This document incorporates thoughts and suggestions gathered from
hundreds of mooring permit holders in Newport Beach, past and present,
many of whom, having indicated in various ways that they are too fearful of
City retaliation to speak on their own behalf. This comes from the fact that
the City has Codified numerous methods in which it may revoke/confiscate
mooring permits, and has exhibited a clear desire and intent to take them all,
for conversion into "short-term", "City owned", high -cost mooring licenses,
those assessed at rates more than 1,300% higher than current California
State Lands Commission Benchmark rates for moorings in Orange County,
and much higher than rates for many of the other Tidelands users the City
favors, and also issues permits to. For simplicity, this is crafted in the form of
a Resolution. In instances where Resolutions are not proper process, it's
intended that the points here made, which are supported by the record for
these matters, motivate fairness, and consideration of recommendations/
alternatives that do not risk depriving many who are socio-economically
disadvantaged, or non-residents, of opportunity to have and maintain coastal
boating access in, and from Newport Beach, California.
Draft Newport Beach Mooring Management/Settlement Proposal text:
In order that Mooring Permit holders receive no less than equal footing as
compared to other Tidelands users in Newport Beach; and considering that
mooring fields and areas offer a lower tier form of boat berthing; and
considering that they have been charged substantially more by the City in
fees/rents than other Tidelands Permittees over at least the past decade for
that lower tier access; and that in consideration of their lower impact form of
coastal access; and that they have also been subjected to much higher levels
of monitoring and regulation by the City, while at the same time other
Permittees have seen very favorable City rates, lax or non-existent regulation,
and have been the recipients of free boat berthing over public lands, also for
at least the past decade, the following steps are offered as solution/
Resolution/mitigation/making parties whole/Etc. for many of the past wrongs:
1
Whereas, the City of Newport Beach has been entrusted by the State of
California with the management of designated Granted Sovereign Tide and
Submerged Lands in compliance with the Beacon Bay Bill; the State
Constitution; and the Public Trust Doctrine;
Whereas, the City of Newport Beach has managed those lands in such
a way, as to in the words of the California State Lands Commission (CSLC),
create "rate discrepancies" and rate "disparities" which are "really appalling";
Whereas, the record reflects that the City has knowingly and willfully
gone against CSLC policy, and managed Trust lands in such a way as to
"gift" Residential Pier Permit holders the space their vessels occupy over
State land for at least a decade;
Whereas, the City of Newport Beach has exercised a generally lax or
non-existent enforcement policy related to imposition of the City's Small
Commercial Marina rate on the many Residential Pier Permitholders who
sublet space at their piers/dock to others though real estate agents; websites;
posting of signage; and other means;
Whereas, various aspects of the City's unique Tidelands management
style of fee free boat berthing and non -enforcement of sublet fees/rent at
Residential Piers over at least the past 10 years, has resulted in a substantial
loss of revenue to the Tidelands fund, running into the millions of dollars;
Whereas, a number of City of Newport Beach Decision and Policy -
makers have berthed vessels over those fee free State lands while being
Decision and Policymakers;
Whereas, City of Newport Beach Decision/Policymakers were advised
by the CSLC in a letter dated April 9, 2024, that: "it is an opportune time for
the City to also reassess its residential pier rates to ensure these rates
reflect fair market value consistent with the City's granting statutes and
fiduciary duties."
Whereas, City of Newport Beach Decision/Policy makers were advised
by the California Coastal Commission in a letter dated July 9, 2024, that:
"Commission staff recommend that the City analyze the fair market rent
rate for private slips and develop a proposal to simultaneously
implement the updated rental rates for both moorings and private slips
to resolve this discrepancy and ensure equitable access to recreational
boating activities in Newport Harbor."
2
Whereas, having received those letters, City of Newport Beach Decision
and Policymakers at a regularly scheduled City Council Meeting of July 9,
2024, did advocate and vote to increase fees for Moorings by hundreds of
percentages; to confiscate the Mooring Permits; to phase out Liveaboards;
Whereas, these things, and the associated imposition through Code of a
25 day Mooring vacancy = forfeiture provision, all severely reduce Coastal
access, primarily for visitors and less affluent non-residents;
Whereas, Newport Beach Decision/Policymakers at that same July 9,
2024 meeting, voted to raise residential Pier fees by pennies per square foot
per year;
Whereas, State Lands observed in its "DRAFT Report on the City of
Newport Beach's Public Trust Lands Management" of August 2025, that:
"The City appears to have treated its residential pier lessees, who are
necessarily City residents, more favorably than its mooring permit
holders. ";
Whereas, City of Newport Beach Financial reports indicate that in FY
2023-2024, revenue from Mooring fees brought in approximately $1.9 Million
Dollars in revenue;
Whereas, Newport Harbormaster Paul Blank, in his Harbormaster
Update to the Harbor Commission of July 9. 2025, revealed that Mooring
Management cost the City approximately $316,000;
Whereas, City of Newport Beach Harbormaster Paul Blank stated during
his Harbormaster Update to the Harbor Commission on September 10, 2025,
that he'd received "a direct request by two sitting City Council people,
asking me specifically, to find more revenue, for the Department. So we
did. ";
Whereas, the City profiting greatly off of Mooring Permittees, while
consistently returning little value to them, has contributed to extreme levels of
inequity and discrimination for these specific Tidelands users;
Whereas, the CSLC has stated that it has the expertise and experience
to set rates for the use of State Lands, and does so approximately every five
years through "Benchmarks" for lands under CSLC management in Orange
County;
3
Whereas, in these processes, the CSLC uses Newport Beach data in
the formulation of the applicable Benchmark Rates for mooring buoys;
Whereas, in contrast, the City of Newport Beach has created/endorsed
a rate scheme which charges the highest rates to the lowest tier, most heavily
regulated and oppressed users of State Tide/Submerged Lands;
Whereas, the Orange County Sheriff's Department (OCSD) Harbor
Patrols costs for management in 2016 were approximately $360,000, as
stated by the City's Harbormaster at a meeting of July 9, 2025;
Whereas, the OCSD Harbor Patrol has maintained a 24/7/365 presence
in the Harbor since approximately 1972, and has extensive experience in
Mooring management; marine firefighting; search/rescue; a dive team; and a
far higher level of training and experience than the City of Newport Beach
Harbor Department;
Whereas, the OCSD Harbor Patrol additionally uses more appropriately
sized, outfitted, and capable boats in fulfilling their Harbor related duties;
Whereas, Mooring Field G in Newport Harbor has remained under
County control, even after the City of Newport Beach created its Harbor
Department, and took over "managing" other Mooring Fields;
Whereas, the Orange County Sheriff, in a letter dated July 13, 2021
(Hereto attached with 07/14/2021 Orange County LAFCO Minutes, re:
Agenda Item 9b), appears to question the costs, benefits, and usefulness of a
City motivated study related to a desire for City duplication of an existing
government funded Harbor enforcement agency;
Whereas, Mooring Permit Holders are likely to be willing to continue to
pay the fees they pay now, higher than most all other Tidelands users in
Newport, if those fees actually assure that they receive more equitable
Tidelands management and services than the City's vastly oppressive and
discriminatory Tidelands management model has provided;
Whereas, Mooring Permits also provide diverse members of the public
opportunity to have 24/7/365 Coastal access at an affordable price, through a
highly regulated add -on Live -aboard Permit option;
Whereas, the Live -aboard Permit option allows numerous persons in
maritime industries to be in close proximity to their work, providing various
goods and services to other mariners, residents, visitors, etc.;
4
Whereas, these Live -aboard Permits offer virtually the last form of
affordable housing on the Southern California coast, and are only issued to
vessels that have been mandated to be, and are annually inspected to assure
that they are "Safe. Seaworthy. And Operable";
Whereas, boating access is the primary use, and housing is a
secondary/accessory use, and considering the severity of the housing crisis,
City efforts to eliminate an affordable housing opportunity, wherein there are
no construction costs; no cost to run utilities; the spaces are already occupied
by vessels; the people to be housed provide their own housing, and pay rent
for the occupation of public lands, etc., etc., the City's efforts are illogical/
counterintuitive/counterproductive/counter to the State's best interests;
Whereas, the City does not require that the many boats on Residential
Piers be inspected to be "Safe. Seaworthy, and operable"; or be registered; or
be insured; or have their marine sanitation systems tested for leaks;
Now, Therefore,
resolves as follows:
Section 1: The State Lands Commission, in relation to public lands
granted to the City of Newport Beach, shall "institute a formal inquiry to
determine that the terms and conditions of this act, and amendments thereto,
have been complied with in good faith" for all Tide/Submerged Lands granted;
Section 1 a: The State Lands Commission shall then hold a publicly
noticed hearing "at which the city has been given an opportunity to express
fully any disagreement with the Commission's findings or to describe any
extenuating circumstances causing the violation";
Section 1 b: In the event of finding(s) of breach of fiduciary duties,
and/or discrimination, and/or other City sanctioned/Codified/implicit
improprieties in management between Tidelands users by the City of Newport
Beach, the Commission shall formally request the Attorney General to bring
litigation against the City to resolve any and all grant violations;
Section 1 c: The State Lands Commission, having determined that "any
"transaction or condition" is "in probable conflict with this act [the grant
statute] or with any other provision of law," shall furthermore "report to the
5
Legislature, which may direct the Attorney General to bring litigation to revoke
the grant or compel compliance.";
Section 1d: The State Lands Commission shall also "recommend to the
Legislature such amendments as it may determine to be necessary in the
terms and conditions of this act";
Section 2: The California State Lands Commission, with Legislative
action if required, shall thereafter directly assume Tide/Submerged Lands
management authority from the City of Newport Beach, over those State-
owned places where Mooring Fields and Shore Moorings are located;
Section 2a: The California State Lands Commission shall then, going
forward, apply the same methodologies for the rate setting of Category 1
Benchmarks in Newport Beach, which are generally applied to private docks,
piers, and buoys, and as are routinely outlined and used by the Commission
for Orange County, and other areas of the State, i.e.:
"...based on one or more of the following methods, including, but not
limited to:
9 percent of the appraised value of the leased land.
A percentage of annual gross income, where the percentage is based
on an analysis of the market for like uses and other relevant factors.
A comparison of rents for other similar land or facilities.
Benchmarks for regions with large concentrations of similar facilities,
with benchmark rental rates to be based on analysis of similar or
substitute facilities in the local area.
Other such methods or information that are based on commonly
accepted appraisal practices and principles; and for leases for
recreational piers or buoys, rent shall be based on local conditions and
local fair annual rental values. (Cal. Code Regs., tit. 2, § 2003; Pub.
Resources Code, §§ 6503, 6503.5.)
The Commission may consider the amount of rent the State would
receive under various rental methods, and whether relevant, reliable,
0
and comparable data are available concerning the value of the
leased land in determining which rent method should apply. (Cal.
Code Regs., tit. 2, § 2003, subd. (d) (1), (2).)
PUBLIC TRUST AND STATE'S BEST INTERESTS:
Benchmarks are used to establish uniform rental rates in specific
geographic regions with large concentrations of similar facilities,
mostly private recreational improvements within the Commission's
jurisdiction. (Cal. Code Regs., tit. 2, § 2003, subd. (a) (5).) The use of
benchmarks improves consistency, transparency, and efficiency in
how the Commission establishes rent for large numbers of similar
leases, saving time, resources, and money for both the applicant and
the State. Periodic benchmark adjustments ensure that the people of
the State are fairly compensated according to current market rates for
the private use of State-owned land, consistent with the California
Constitution. Generally, staff recommend updates to the benchmarks
every 5 years. The Commission's current benchmarks and benchmark
map may be found at https://www.sic.ca.gov/leases-
permits/benchmarks/. "
Section 3: The approximately $1.9 million of revenue generated
annually from Mooring management in Newport, shall be vested with the
State Lands Commission, and shall be used to fund State level Staff for any
required management and Permit processing needs at that level;
Section 3a: The monies shall be further used to restore local Mooring
management authority to the Orange County Sheriff's Office Harbor Patrol
Division;
Section 4: Upon the date of the City's annual renewal for each Onshore
and Offshore Mooring Permit, the State Lands Commission, as is policy for
other similar Permits issued through the State for the lease of other State
land for waters it oversees, from the near to Newport Harbor Huntington
Harbor, and the more distant Lake Tahoe on the California side, shall reissue
Mooring Permits for 10-years, with renewal opportunity in 10-year increments,
up to 50 years total, as is for many other Tidelands permit holders of similar
permits Statewide;
Section 4a: In the alternative, the State Lands Commission on a date
certain, may extend all Mooring Permits in Newport Harbor in unison for 10-
year term increments, with opportunity for renewal in subsequent 10-year
increments, up to 50 years total, as is common for many other Tidelands
permit holders of similar permits Statewide;
Section 4b: Mooring Permit holders in Newport Beach shall no longer
be discriminated against relating to terms and fees, and shall be provided
rights, including that of permit transferability, as are other Tidelands permit
holders in Newport Beach, and other locations Statewide;
Section 5: At the discretion of the State Lands Commission and/or State
Legislature, The City of Newport Beach may retain management of the
portion of Tidelands encumbered/impacted by the Residential and
Commercial Piers and Docks. This offering the City the choice of whether or
not they wish to begin actually assessing fees/rents for the "impact area" of
these places, and start imposing the Code required Residential Pier sublet
rates to support the continuation of the City's lower -level, duplication of
services provided by the Orange County Sheriff's Harbor Patrol.
Section 6: Should the City of Newport Beach, now, or in the future, be
permitted to act as Trustee over any portion of Tide/Submerged lands, it shall
no longer allow Decision and Policymakers to participate in decision and
policymaking, when these things do, or may directly benefit them, financially
or otherwise.
ADOPTED this day of
ATTEST
APPROVED AS TO FORM:
,202
CE COUNTY
LAFC�
EST, 14bd
LOCAL AGENCY FORMATION COMMISSION
FINAL MINUTES
OC LAFCO REGULAR MEETING AGENDA
Wednesday, July 14, 2021
8:15 a.m.
ORANGE COUNTY
Due to CO VID-19, this meeting was conducted 6y teleconference pursuant to the
provisions of the Governor's Executive Orders N 25-20 and N-29-20, which suspend
certain requirements of the Ralph M. Brown Act
1. CALL TO ORDER
Chair Davert called the meeting of the Orange County Local Agency Formation
Commission (OC LAFCO) to order at 8:15 a.m., announced that the Commission
meeting is being conducted by teleconference, and participation by Commissioners
and staff are from remote locations.
2. PLEDGE OF ALLEGIANCE
Pledge of Allegiance was recited.
3. OATH OF OFFICE - COMMISSIONER PENROSE
Executive Officer Carolyn Emery announced that the oath for Commissioner
Penrose was completed electronically.
4. ROLL CALL,
The following Commissioners and Alternates were present:
* Chair Douglass Davert
* Vice Chair Donald Wagner
* Commissioner Lisa Bartlett
* Commissioner James Fisler
* Commissioner Derek J. McGregor
+ Commissioner Mike Posey
* Alternate Commissioner Katrina Foley
* Alternate Commissioner Kathryn Freshley
* Alternate Commissioner Peggy Huang
0 Alternate Commissioner Lou Penrose
July 14, 2021
FINAL Minutes
Page 2 of 6
The following Commissioner was absent:
• Commissioner Wendy Buckman
The following OC LAFCO staff members were present:
• Executive Officer Carolyn Emery
• Assistant Executive Officer Raymond Barragan
• Policy Analyst Luis Tapia
• Policy Analyst Gavin Centeno
• Commission Clerk Cheryl Carter -Benjamin
• Legal Counsel Scott Smith
5. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATION
(Received After Agenda Distribution)
Executive Officer Carolyn Emery noted that supplemental communication was
received from Sheriff -Coroner Don Barnes for Agenda Item 9b and would be read
into the record during hearing of the item.
6. PUBLIC COMMENT
Chair Davert requested public comments on any non -agenda items. Executive
Officer Carolyn Emery noted no public comments were received. Chair Davert
closed the hearing of public comments.
7. CONSENT CALENDAR
Chair Davert called for a motion on the consent calendar. Commissioner Fisler
motioned for approval of the consent calendar and Commissioner Posey seconded
the motion.
The Executive Officer conducted a roll call vote on the item
7a. - Approval of Minutes - lune 9, 2021 Regular Commission Meeting
MOTION: Approve the consent calendar. (James Fisler)
SECOND: Mike Posey
FOR: James Fisler, Mike Posey, Donald Wagner, Lisa Bartlett,
Peggy Huang, Derek J. McGregor, Douglass Davert
AGAINST: None
ABSTAIN: None
MOTION PASSED: 7-0.
July 14, 2011
FINALMinurer
Page 3 of 6
I a J3ilcoo :i W.Vff CH
No public hearing items scheduled.
9. COMMISSION DISCUSSION AND ACTION
9a. - 2021-2022 OC LAFCO Work Plan
Executive Officer Carolyn Emery presented the staff report on the FY 2021-2022
Work Plan, highlighting current applications under the Commissions focused areas
and noted the revised timeline for the 4's cycle of MSRs.
Chair Davertcalled for Commission discussion and public comments. Executive
Officer Carolyn Emery noted no comments were received by email on the item
There was consensus of the Commission to provide additional time for the County,
cities and special districts to review subsequent proposed work plans. Chair Davert
called for a motion on the recommended action. Commissioner Posey motioned to
approve the recommended action and Vice Chair Wagner seconded the motion.
The Executive Officer conducted a roll call vote on the item
MOTION: Adopt the 2021-2022 OC LAFCO Work Plan. (Mike Posey)
SECOND: Donald Wagner
FOR: Mike Posey, Donald Wagner, Lisa Bartlett, James Fisleq
Peggy Huang, Derek J. McGregor, Douglass Davert
AGAINST: None
ABSTAIN: None
MOTION PASSED: 7-0.
9b. - Professional Consultant Services Agreement with Citveate Associates
Chair Davert requested reading of supplemental communication. Executive Officer
Carolyn Emery read comments submitted by email from Don Barnes, Sheriff -
Coroner, Orange County Sheriff's Department (Attachment A) into the meeting
record.
Chair Davert called for the staff presentation. Assistant Executive Officer Raymond
Barragan provided the brief presentation on the City's application for preparation of
the focused MSR and the REP process for selection of a consultant. He
acknowledged that staff along with Carol Jacobs, Assistant City Manager of
Newport Beach and Stewart Gary with Citygate Associates were available to answer
any questions.
Chair Davert called for Commission discussion and public comments. Executive
Officer Carolyn Emery noted no additional comments were received by email on the
item The Commission engaged in general discussion. Commissioner Bartlett
July 14, 2021
FINAL Minutes
Page 4 of 6
recommended the item be continued to allow a representative of the Sheriff
Department to address the Commission at the next regular meeting on the item.
Commissioners Wagner and Posey concurred with Commissioner Bartlett's
recommendation.
Carol lacobs, Assistant City Manager of Newport Beach provided general comments
on the delivery of harbor patrol services within the Newport Harbor Tidelands.
Ray Grangoff, Chief of Staff to Sheriff Barnes provided additional comments to the
letter submitted by the Sheriff -Coroner.
Chair Davert called for a motion on the item. Commissioner Bartlett motioned to
continue the item to the Commissions August 11 meeting to allow Sheriff Barnes or
his designee to address the Commission on the item and Commissioner Posey
seconded the motion.
The Executive Officer conducted a roll call vote on the item.
MOTION: Continue consideration of the Professional Services
Agreement with Citygate to August 11, 2021 and allow
Sheriff -Coroner Barnes or his designee to address the
Commission on the item. (Lisa Bartlett)
SECOND: Mike Posey
FOR: Lisa Bartlett, Mike Posey, Donald Wagner, James Fisler,
Peggy Huang, Derek J. McGregor, Douglass Davert
AGAINST: None
ABSTAIN: None
MOTION PASSED: 7-0.
9c. - Legislative Report (lulu 2021)
Policy Analyst Luis Tapia presented the July legislative report and highlighted the
recent amendments to Senate Bill 403 (SB 403). He added that staff received a call
from the bill author regarding the Commissions current position on recent changes
to the bill. Staff is seeking direction from the Commission for a follow-up response
to the bill author.
Chair Davertcalled for Commission discussion and public comments. Executive
Officer Carolyn Emery noted no comments were received by email on the item.
During discussion, there was consensus of the Commission to maintain the
previously adopted position of "Oppose Unless Amended" on SB 403. Char Davert
called for a motion on the item. Commissioner Huang made a motion for the
Commfssion to maintain the "Oppose Unless Amended" position on SB 403 and to
receive and file the legislative report and Vice Chair Wagner seconded the motion.
Judy la, 202I
FINAL Minutes
Page 5 of 6
The Executive Officer conducted a roll call vote on the item.
MOTION: Maintain "Oppose Unless Amended" position on SB 403;
Receive and file the July 14, 2021 Legislative Report.
(Peggy Huang)
SECOND: Donald Wagner
FOR: Peggy Huang, Donald Wagner, Lisa Bartlett, James Fisler,
Derek J. McGregor, Mike Posey, Douglass Davert
AGAINST: None
ABSTAIN: None
MOTION PASSED: 7-0.
10.
The Commission made general comments.
11. EXECUTIVE OFFICER'S REPORT
The Executive Officer gave an oral update on the following activities:
• Resuming In -Person Commission Meetings
• Hamer Island Community Workshops
• Upcoming July 19 Ladera Ranch Civil Council Meeting
• September 8 Strategic Planning Workshop
12. INFORMATIONAL ITEMS & ANNOUNCEMENTS
No informational items or announcements reported.
13. CLOSED SESSION
The Chair stated that there were no closed session items for discussion.
14. ADJOURNMENT OF THE REGULAR COMMISSION MEETING
Chair Davert adjourned the Regular Commission Meeting at 9:04 a.m. to the next
regular OC LAFCO meeting scheduled for Wednesday, August 11, 2021, at 8:15 a.m.
July 14, 2021
FINAL 1l mute s
Purge G of6
Douglass Davert, Chair
Orange County Local Agency Formation Commission
By:
Carolyn E
Executive
Affnclunen.t:
A. Letter from grange County Sheriff's Department
ATTACHMENT A - AGENDA ITEM 9B
gKfRIF� w ORANGE COUNTY
SHERIFF'S DEPARTMENT 5HCRIFf.1-01RONER DON BARNES
OFFICE OF THE SHERiFF
July 13, 2021
The Honorable Douglass Davert, Chair
Orange County Local Agency Formation Commission
2677 N Main St Suite 1050
Santa Ana, CA 927C5
RE- Municipal Service Review of Newport Harbor Tidelands
Bear Chairman Davert.
Possibly no aspect of Orange County local government has been more studied than the Sheriff's
Harbor Patrol_ A total of at least 17 studies have been conducted since 1975. The item before
the Orange County Local Agency Formation Commission (LAFCO) for a Municipal Service
Review adds to this work.
question the necessity of this study and what additional policy insight can be provided. The
current model for harbor patrol services meets both the legal and public safety obligations to the
residents we serve. While I am never opposed to looking at options for making government more
efficient, using resources to add another report to the shelf is the epitome of government waste
The cost of the study is a concern. The agreement before the LAFCO Board is an up to amount
of $89,400_ That amount does not include the costs my department will incur in responding to
the information requests that will result from the study. I respectfully request the courtesy of
consultation with my department before the Commission mattes a decision to move forward on
awarding a contract to perform this work.
Thank you for your consideration on this matter.
Sincerely,
Alai
e
Don Barnes
Sheriff -Coroner
550 N. FLOWER STREET, SANTA ANA, CA 92703 1714-647-1800
integrily without Service akwve s#!` k Pro rstVGrl/ brffl in Th" pvrformnoMe of Juty [ V19donck in nofeguording our co+nmunify
From: David Hahn
To: City Clerk"s Office
Subject: Public comment consent agenda #8 - 02/10/2026".
Date: February 07, 2026 2:37:59 PM
Attachments: Stu News Letter to the Editor - -.odf
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From: David Hahn <dnhahnl2@gmail.com>
Date: February 7, 2026 at 1:46:04 PM PST
To: cityclerk@newpirtbeachca.gov
Subject: Public comment consent agenda #8 - 02/10/2026".
Dave Hahn
YZ Yacht Sales
949-706-4369
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Letters to the Editor
City Council should dismiss Harbor Commissioners
In light of the Coastal Commission rejecting the Harbor Commissioners' plan to realign the mooring fields by a 9 to 1 vote: the City
Council should dismiss the current Harbor Commissioners and appoint all new ones.
Not only was this ill-conceived plan not supported by even one mooring permitee, their plan only succeeded in opening Pandora s box to
have the state Lands Commission examine the fees homeowners pay for their docks over tidelands_ The entire episode has been a fiasco
and is the very definition of a vote of no confidence in the irjudgment and management of the harbor.
Drew Lawler
Newport Beach
Letters to the Editor
From long-time Newvport Beach family, mooring issue should be #gut aside
Newport City Council.
I know the harbor This mooring fee issue can destfoy a valuable artd unique quality of my home.
My grandparents bought their fist home on the Island in 1960. We soil have it. I've lived in Newport since 1974, graduated Cdm Mn 1977,
sailed the harbor for 45 years, my bus4ness has been in Newport Beach since 1993, my lads graduated CdM and our family Fs in its 5th
generation here.
This mDori ng tee increase is among the worst ideas I've seen. If something is passed, in any form. without the concurrence of existing
mooring perrnittees, it will change the nature of the harbor for the worse
We don't need Sacrarnente-style politics here The best option here is to put aside the vote and work together
Please do not vote to damage the harbor
Matt Clabaagh
Newport Beach
From:
Admin
To:
City Clerk"s Office
Subject:
Public Comment- Resolution No. 2026-12
Date:
February 09, 2026 3:05:31 PM
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Mayor Kleiman, and Members of Council,
Thank you for an opportunity to provide public comment on proposed Resolution
No. 2026-12, to establish a Public Lands Trust Management Ad Hoc Committee to
review and develop recommendations in response to the California State Lands
Commission's report on the City's management of the tidelands.
We understand that the Ad -Hoc Committee would determine how and when
stakeholders are engaged in this process. However, given the number and diversity
of stakeholder groups to be impacted —and the concerns raised in the State Lands
Commission staff report regarding equitable treatment and transparency —the
Board of the Newport Mooring Association respectfully urges the Council to expand
the committee's composition.
We suggest inclusion of stakeholder representatives from each category of
tidelands users that could potentially be impacted, including a resident mooring
permit holder, a non-resident mooring permit holder, a yacht club -affiliated
mooring permit holder, and at least one residential pier permit holder. Consistent
with the State Lands Commission's emphasis on transparency, equity across user
groups, and clearly documented decision -making in the administration of Public
Trust lands, we further recommend that these representatives be selected through
an open and transparent process, or nominated by their respective user groups,
rather than appointed solely at the discretion of the City. Including these regular,
everyday perspectives would help ensure that the Ad Hoc Committee's
recommendations are well -documented, balanced across user groups, and aligned
with the City's obligations as trustee of the State's tidelands.
Such representation would also help address and avoid the perception of
"politically motivated" decision -making referenced in the State Lands Commission
staff report, and would strengthen public confidence in the committee's work and
outcomes.
Thank you for your consideration.
Respectfully,
Newport Mooring Association
From: City Clerk's Office
Sent: February 09, 2026 11:01 PM
To: Mulvey, Jennifer
Subject: FW: Public Comment- Resolution No. 2026-12
From: Debi Wilkinson Seals <debi bpmoney.com>
Sent: Monday, February 9, 2026 11:00:38 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: Public Comment- Resolution No. 2026-12
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Dear Mayor and Members of the City Council,
I respectfully request that the proposed Ad -Hoc Committee on Tidelands Management
be expanded to include affected stakeholders early in the process of developing
recommendations. Including stakeholders at this stage would support City goals of
transparency, help City leaders develop fair recommendations in compliance with its
Public Trust obligations, and allow for meaningful input before positions are semi -
finalized.
Thank you for your consideration and for your continued service to the community.
Deborah Wilkinson
Sent from my iPad