Welcome to the Newport Mooring Association
News posts are in date order. Older posts are continued on the next page "Older News"
CDP Application and Mooring Rental Rates
Status Update - New Rental Rates and the CDP Application Remedy Letter
November 29, 2023
Dear Mooring Permit Holders,
Here is a brief update on recent actions by the Harbor Commission, City Council and the California Coastal Commission –
1. On 11/28/23 City finalized ordinance for an entire new mooring scheme called Mooring Licenses with extremely high rates for the City-owned moorings. This exacerbates the existing rate discrimination in the Harbor.
We question why someone renting a mooring need to pay 50 times the rate a pier permit holder pays to berth the same 40-foot boat and cover the same amount of tidelands. And why has the Harbor Commission gone to such great lengths to create this new classification of moorings with an extremely high-rate fee scheme?
2. The California Coastal Commission has issued a “Notice of Incomplete Application” on the City’s proposed concept of pushing moorings and boats closer together in the C field. The full notice can be downloaded below. It is noteworthy that the City added several other mooring fields to the CDP application.
3. Concerned Newport Harbor users have been presenting these issues at Coastal Commission and the State Lands Commission meetings for many months.
The State Lands Commission recently made an inquiry to the City regarding the City’s proposed Harbor Code change that would allow waterfront property owners to expand their piers and docks into the navigable channels to accommodate larger and/or multiple vessels, while at the same time densifying mooring areas and taking away the space in front or behind of moored boats that is needed to safely access moorings. Given the fact that the State Lands Commission retains oversight authority over Newport Harbor, with a primary focus of making sure Harbor users are treated fairly, without discrimination, we believe it is critical to bring their attention to both the current proposed discriminatory treatment in the unsafe shrinking of the area needed for the safe use of moorings and the historical discrimination in rates charged to mooring holders.
We will continue to update you as we watch these topics evolve. Thank you for your continuing help and support,
Your NMA Directors
Looking out for the interest of all mooring owners
Newport Mooring Association
P.O. Box 1118, Newport Beach, CA 92659-1118
Please Donate to the NMA!
The NMA is a volunteer organization that engages professionals to support the interests of the Mooring Permittees. We rely on donations to pay for legal opinions, appraisals, mailings and other communications. Please donate to help our efforts! Your support and contributions will enable us to meet our goals and fight for mooring owner rights.
We can accept 3 different ways of payment - Remember to include your mooring number!
- You can pay by check to our office address: Newport Mooring Association, P.O. Box 1118, Newport Beach, CA 92659-1118.
- You can send us a Zelle payment from your bank via your online banking program or app. Send your Zelle payment to: mail@newportmooringassociation.org You do not need to include a phone number. The email address is sufficient. Zelle is used by almost all banks and is a very simple and easy way to transfer small sums of money.
- You can pay with PayPal - just click the blue button below.
CDP Application and Mooring Rental Rates
Coastal Commission Deems CDP Incomplete; New Mooring Rental Rates
November 13, 2023
Dear Mooring Permit Holders,
We have been notified that the Coastal Commission staff deemed the City’s application to push moorings closer together as “incomplete.” We are thankful that Coastal Commission staff will seek further clarification on the details involved in the proposal to move moorings around in various mooring fields throughout the harbor. We will post the Coastal Commissions “incomplete” letter to the NMA website shortly.
Tomorrow night, City Council will be voting on a mooring rate scheme for handful of City owned moorings. The Harbor Commission has proposed an entire new rate scheme for these 14 moorings that will be based on Balboa Yacht Basin slip rates. Given that moorings and boat slips are two entirely different animals, we find it inappropriate to tie the two rates together. Also, we find it interesting that the Harbor Commission is creating an entire new rental system for these incidental moorings. We encourage you to read the material for yourself, which can be found here under Item #4 - Agenda. We encourage you to read up on this agenda item. The Council meeting will be November 14th at 6:30pm in the Council Chambers at City Hall.
Below is a snippet from the resolution (page 3) that shows the new rate scheme.
Thank you for your continued help and support,
Your NMA Directors
Looking out for the interest of all mooring owners
Newport Mooring Association
P.O. Box 1118, Newport Beach, CA 92659-1118
Contact us at mail@newportmooringassociation.org
Coastal Commission CDP Application
City has submitted the Mooring Relocation Plan to the Coastal Commission
October 27, 2023
Dear Mooring Permit Holders,
On October 8th, the City submitted an application for a Coastal Development Permit to change the mooring configuration in the harbor. We have posted the Coastal Development Permit and supporting documentation below. This is the same mooring configuration project that has been discussed all through this past year at the Commission and City Council Meetings. Now the project has moved to the State for approval. To summarize, this proposal will push mooring rows closer together which will make the moorings more difficult to use and less accessible for many. The Newport Mooring Association has obtained the application and supporting documentation and is in the process of analyzing the materials to provide a response.
The NMA has raised questions and concerns over the past two years on many aspects of the program, but a key concern is the lack of detail we have seen of how the pilot test and densified tandem mooring rows will be engineered, designed and implemented. We are especially concerned that there is no proper catenary or slack in this design to account for boat movement in currents and wind. We have only seen one image that describes the proposed design, and it is available for download below - "Proposed Mooring Engineering" below the CDP documents.
One of the Coastal Commission’s primary objectives is to preserve coastal access. The Coastal Commission will be very responsive to your concerns, as they tend to be a neutral body that takes the average person’s concern into account.
Please take a look at the materials and email the Coastal Commission staff TODAY to express your concerns regarding pushing mooring rows closer together in Newport Harbor. Your voice will be heard with the Coastal Commission.
Here is an example/template of what all mooring holders can email TODAY!
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To: Jeffrey.Palm@coastal.ca.gov Zach.Rehm@coastal.ca.gov
CC: Karl.Schwing@coastal.ca.gov fernie.sy@coastal.ca.gov Kate.Huckelbridge@coastal.ca.gov
Subject line: Please reject the incomplete Coastal Development Permit application #5-23-0753 (unsafe mooring field arrangement in Newport Harbor)
Dear Coastal Commission Staff,
Please reject the incomplete application for an unsafe mooring row configuration in Newport Harbor for the following reasons:
- Reduction in Safe Access: The existing safely spaced mooring field arrangement has worked well for approximately 100 years. Pushing mooring rows closer together will make the moorings more difficult to use and only the most able bodied and experienced boaters will have access to the moorings given the tidal currents and wind influences in Newport Harbor.
- Reduction in Safe Access: The existing mooring field arrangement allows for an equal amount of safety space (in front and behind) a mooring location to allow for safe access and safe departure in any direction. Pushing mooring rows together will eliminate access and exit routes, making mooring access more difficult and less safe.
- Reduction in Safe Access: The existing mooring fields are federally “Designated Special Anchorages” where general navigation is discouraged for the safety of mooring users. The proposal to widen fairways to encourage increased large boat traffic through anchorages will increase risk of collision.
- Reduction in Safe Access: The existing mooring fields provide a safe area of tidelands historically used by kayakers, swimmers and paddleboarders. Widening fairways to encourage more boat traffic in mooring fields will be unsafe and negatively impact the existing safe enjoyment of human powered craft in the mooring fields as there will be an increased risk of collision.
- Reduction in Safe Access: The existing single row mooring configuration allows for safety personnel to access a boat (or fight a boat fire) from any direction. Pushing mooring rows together will reduce access for safety personnel.
- Lack of details: The application does not include any evidence that pushing mooring rows together will be safe for existing mooring holders to access the moorings.
- Lack of details: The application does not include appropriate pilot test safety procedures or testing criteria. Which boats will be volunteered for the safety test? Who will pay for damages when boats collide and boaters get hurt?
- Inappropriate equipment (conservation moorings): The permit application calls for the use of underwater buoyant/suspended “conservation moorings” in the mooring fields. These underwater buoys are most effective (to keep the chain off the seafloor) for “single-point” moorings where boats swing 360 degrees. Vessels tethered to the existing “two-point” moorings are generally stationary and chains do not swing 360 degrees or significantly scrape eel grass.
- Unsafe equipment (conservation moorings): The depth in the “C” field at low tide is approximately 10 feet. A suspended/floating eco buoy may be struck by a sail boat keel (that can reach 7ft of depth). This will be a safety issue created by an inappropriate “eco mooring."
- Unnecessary equipment expense (conservation mooring): Who is paying for the conservation moorings? Mooring holders own their respective tackle/systems. Is the city going to force mooring holders to add undesired and unsuitable mooring equipment to their personal property/tackle?
- Lack of proper notifications: We are concerned that the applicant did not notify mooring holders and other affected parties regarding this Coastal Development application.
Please reject this incomplete Coastal Development Permit application as it fails to include details regarding impaired and restricted access, safety, and testing.
Your name here
_______________________________
Thank you for your anticipated help and support,
Your NMA Directors
Looking out for the interest of all mooring owners
Newport Mooring Association
P.O. Box 1118, Newport Beach, CA 92659-1118
Contact us at mail@newportmooringassociation.org
August Update
August Update - Mooring Reconfiguaration, New City Owned Moorings, New Mooring Contracts
Dear NMA Members,
The NMA Board hopes you are enjoying the summer, despite the recent tropical storm!
Here are three important updates relating to moorings:
1. Mooring Configuration Changes - Moving mooring rows closer together: As you are likely aware, a May the City Council approved several harbor code changes and the proposed pilot test involving moving moorings closer together in the C field. On the bright side, the City Council and staff clarified that existing transferability shall remain intact. Additionally, the City agreed that a Coastal Development Permit will be necessary prior to the pilot test and the safe use of moorings will be a critical evaluation factor. To the best of our knowledge, there has not been any safety evaluation for the mooring layout involved in the pilot test, which is a cause for concern.
2. Creation of new Mooring "License" agreement (and new mooring rates) recommended by the Harbor Commission: At the August Harbor Commission meeting, the Harbor Commission approved recommendations for a new mooring license agreement and new mooring rates for City- owned moorings. The City owns around a dozen incidental moorings. Historically these incidental moorings have been rented out by the city or used for incidental boat storage such as impounded vessels. Now the Harbor Commission has recommended a complex mooring "licensing" with several harbor code changes. Below is one page from Commissioner Beer's presentation that caught our attention. The NMA was not informed of this agenda item and did not attend the meeting. We are not certain what final recommendations were made regarding mooring licenses and associated mooring rates. The Harbor Commission used a new appraisal from Netzer to determine proposed rates for the City-owned moorings. The NMA Board is currently reviewing this appraisal and will give our membership comments soon.
3. City Council to consider $700k in funding for moving moorings around on 8/22/23: The City Harbor Master is asking Council to approve $700k in contracts to move moorings around. The NMA is seriously confused on this request given it is our understanding that no moorings would be moved until a Coastal Development Permit is approved (which generally takes a year or longer to be processed.) The NMA believes it is concerning for the City Council to be asked to allocate significant taxpayer dollars for a plan that may not be approved by the Coastal Commission. It is our understanding that City Council approved a budget of $270,000 for the yet-to-be-performed pilot test at the May meeting. We are concerned that City Council is now being asked to approve $700k in mooring relocation contracts today. The Staff Report and contracts can be downloaded below.
As a final note, we are looking for mooring owners to help with NMA committee and special projects. Please let us know if you can give us a few hours a month to help out.
Thank you for your anticipated help and support,
Your NMA Directors
Looking out for the interest of all mooring owners
Newport Mooring Association
P.O. Box 1118, Newport Beach, CA 92659-1118
Contact us at mail@newportmooringassociation.org
Harbor Commission Meeting 7-12-23
Unpublished NMA Comments on the 7-12-23 Harbor Commission - New Licenses
7-12-23
To the NMA members - The NMA Board sent this letter to the Harbor Commission yesterday morning, but it appears to not have been published with the public materials for tonight's Harbor Commission meeting:
July 11th, 2023
Dear Chair Scully and Honorable Harbor Commissioners:
We would like to thank the Harbor Commission for its innovative ideas and hard work in providing affordable public access by opening up moorings generally not in use and owed by the City, with the idea of opening recreational use of the harbor for owners of vessels which need to be in the water and are not generally trailerable.
The Newport Mooring Association has not had an opportunity to perform a complete review of the staff report for the proposed new “License” agreement for the 14 City owned moorings, but we did note a few very important omissions which should be included in this and future reports concerning the medium- and long-term rental or licensing of these 14 City owned moorings.
Reference to the Beacon Bay Bill Should be Included.
In our initial review we noticed the staff report references “fair market” mooring rates and various city rental rate policies, as if these moorings were not a recreational use of the harbor. What is omitted is any reference to the Beacon Bay Act that states that the marinas and “similar uses” are “recreational uses.” The Beacon Bay Act also requires the City in the management of the harbor not to discriminate in rates for such uses, and the City has established and published a rate schedule of charges for the use of given areas of the tidelands. At this time, we are not suggesting any particular rates, only that the relevant portions of the Beacon Bay Act be included in the Staff Report and future version of reports on the subject. Currently, the report only references one consideration, but as the Harbor Commission is aware, there are other considerations when it comes to recreational uses. Shown below are relevant excerpts from the more than 100 year old Beacon Bay Bill, most recently amended on this point in 1978 and again in 2001. (Please note that any reference in the Beacon Bay Bill to market value only applied to the small piece of land taken out of the tidelands to create the non-submerged lands to build homes generally off Bayside Drive, often referred to as the Beacon Bay homes, and the reference has no application in the Act to charges for recreational use of the submerged tidelands.)
The City Coastal Land Use Plan Should be Included.
Section 3.3.2-3 of the City Coastal Land Use Plan (shown below) indicates that the City will charge “low-cost” rates for moorings in Newport Harbor as a means of affordable access. This was and is, in effect, a promise made by the City to the people of the State of California and should be included as an important consideration. Indeed, one of the most important reasons for providing medium- and long-term rentals of these 14 City owned moorings is to help fulfill that promise and the NMA finds that very insightful and laudable, which we wholly support. Again, our concern is to have this important consideration shown whenever there is discussion of rates and charges for these moorings.
City Policy F-7E Should be Included.
The City Policy F-7E (also shown below) which clearly states the City can charge less than fair market rates for recreational amenities. This has long been a well-established practice of every City. For example, while the City has the right under the Beacon Bay Bill to manage the beaches, the City does not charge a fee to the public for sitting on the beach for the day, even though this is likely a “market” and many people would pay a fee in the crowded summer months. As noted in the Beacon Bay Bill and in many other documents, recreational boating and having a place to keep a boat that needs to be in the water is a recreational use and the City has the right to establish rates that are other than market rates. While this may seem obvious, we feel that it should be expressly stated, and reference to City Policy F-7E (which is no different from every cities’ policy in the state), should be included so there is no misunderstanding, and a balanced approach can be considered.
Initial Questions Regarding Possible Ambiguities.
Again, we have not had the opportunity to review the entire report and attachments. On a quick review we noted some questions, ambiguities, and concerns regarding the licensee agreement, which looks like a rental agreement. For example, it is unclear who will own and maintain the hardware, including very expensive inspection expenses. Does a renter on a month to month rental need to pay for the inspection or for replacement or addition to weights? For these reasons, we respectfully request the opportunity to meet with the Harbor Commission prior to any vote to moving this item on to City Council.
We again wish to thank the Harbor Commission and Staff with moving forward with your innovative ideas in opening up these 14 City owned mooring to the public for medium- and long-term rentals, when these mooring were not otherwise being used for other purposes.
Thank you,
The NMA Board of Directors
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Excerpts from the Beacon Bay Bill:
Statutes of 1978, Chapter 74, approved April 6, 1978 and restated in Statutes of 2001, Chapter 745 ( The same language first appeared over 100 years ago in the original bill Statutes of 1919, Chapter 494
The people of the State of California do enact as follows:
SECTION 1. There is hereby granted to the City of Newport Beach and its successors all of the right, title, and interest of the State of California held by the state by virtue of its sovereignty in and to all that portion of the tidelands and submerged lands, whether filled or unfilled, bordering upon and under the Pacific Ocean or Newport Bay in the County of Orange, which were within the corporate limits of the City of Newport Beach, a municipal corporation, on July 25, 1919; the same to be forever held by the city and its successors in trust for the uses and purposes and upon the following express conditions:
(a) That the lands shall be used by the city and its successors for purposes in which there is a general statewide interest, as follows:
(1) For the establishment, improvement, and conduct of a public harbor; and for the construction, maintenance, and operation thereon of wharves, docks, piers, slips, quays, ways, and streets, and other utilities, structures, and appliances necessary or convenient for the promotion or accommodation of commerce and navigation.
(2) For the establishment, improvement, and conduct of public bathing beaches, public marinas, public aquatic playgrounds, and similar recreational facilities open to the general public; and for the construction, reconstruction, repair, maintenance, and operation of all works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of any such uses.
…
(d) In the management, conduct, operation, and control of the lands or any improvements, betterments, or structures thereon, the City or its successors shall make no discrimination in rates, tolls, or charges for any use or service in connection therewith.
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Excerpt from the City Coastal Land Use Plan
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.
_________________________________
Excerpts from City Policy F-7E
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.
F. Whenever less than the open market or appraised value is received or when an open bid process is not conducted, the City shall make specific findings setting forth the reasons thereof.
Such findings may include but need not be limited to the following:
1. The City is prevented by tideland grants, Coastal Commission guidelines or other restrictions from converting the property to another use.
…
…
…
5. The property provides an essential or unique service to the community or a clearly preferred use that enjoys substantial support in the community that might not otherwise be provided were full market value of the property be required.
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Newport Mooring Association
P.O. Box 1118, Newport Beach, CA 92659-1118
Contact us at mail@newportmooringassociation.org
City Council Meeting 6-13-23
TONIGHT - THE CITY COUNCIL IS POISED TO ADOPT THE CHANGES TO TITLE 17 PROPOSED AT THE MAY 23rd 2023
6-13-23
The NMA continues to ask for clarification on the language pertaining to transferability, and for more details on criteria used for the mooring test in the C field.
The Staff Report and related documents for the May 23rd meeting are available to download below.
We encourage you to email your thoughts to the City Council by using these email addresses – any emails you have already sent to the special email address “HarborFeedback” may not be made part of the official public record.
Email City Council Members: CityCouncil@newportbeachca.gov
Email us at: Mail@YourNMA.org or Mail@YourNewportMooringAssocation.org
Donations welcome at: https://newportmooringassociation.org/membership
or send your check to our address below.
Thank you for your anticipated help and support,
Your NMA Directors
Looking out for the interest of all mooring owners
Newport Mooring Association
P.O. Box 1118, Newport Beach, CA 92659-1118
NMA Concerns
Additional Materials Illustrating the NMA's Concerns Regarding the Proposed Mooring Reconfiguration
May 22, 2023
Dear Mooring Permittees -
Our City Council will be voting on significant harbor code changes and pushing boats and moorings dangerously close together with double-row (tandem) mooring configuration. We hope this video and report help clarify the NMA's position on the proposed reconfiguration.
Here is a short video that demonstrates the current and proposed configurations, pointing out the NMA concerns regarding the tandem mooring system, comparing the wind and tides of Newport Bay with America's Cup Harbor:
Newport Harbor Mooring Configuration - YouTube
We have also provided a professional oceanographer's analysis of the tidal flow in Newport Bay compared to those in the America's Cup Harbor in its entirety below. Per the oceanographer's report, tidal currents are 32 times stronger in Newport than America’s Cup Harbor:
Tidal Currents in Newport Bay Compared to Americas Cup Harbor
Bart Chadwick – Coastal Monitoring Associates
3/21/2023
Currents in coastal embayments along the Southern California coast are influence by a number of factors including morphology, tides, winds, river flows, and temperature and salinity gradients. Among these, morphology and tides are generally the dominant factors. This is because winds and river flows are generally low to moderate during much of the year, and salinity and temperature gradients are generally not strong enough to rival tides in their influence on water movement.
Most of these coastal embayments are subject to tidal forcing at their entrances that are highly predictable in terms of both their magnitude and timing. In addition, most embayments in Southern California have length scales that are sufficiently short that the entire embayment rises almost in unison in response to the tide. Under these conditions, the strength of the tidal current at a given location in the embayment becomes primarily a function of the upland tidal prism. The tidal prism is defined as the amount of water that is required to fill the basin for a given increment in tidal increase. By mass conservation, the upland tidal prism for a given location is the amount of water that must pass through that section of the embayment to fill the rest of the embayment beyond that section.
The above approach makes many simplifying assumptions, including the neglect of wind, river flow, temperature and salinity gradients, friction effects and spatial patterns that arise across the section of interest. However, as a means of comparing two tidally influenced coastal embayments, the method provides a good first‐order approach. Ideally, more sophisticated modeling or direct measurements with modern current meters would be undertaken before significant decisions or engineering efforts were to go forward in order to verify the findings.
As a basis of comparison, we take Americas Cup Harbor, a sub‐embayment within San Diego Bay (Figure 1). In this figure, the red line indicated a section approximately mid‐way between the mouth and the head of the harbor, and the green shaded area indicates the areal extent of the upland tidal prism. The upland surface area of this zone is approximately 180000 m2 and a typical tidal range for San Diego Bay is on the order of 2 m. Thus, the upland tidal prism for the mid‐section of Americas Cup Harbor is about 360000 m3. The width of the cross section is about 530 m and the depth is about 5 m, so the cross‐ sectional area is about 2650 m2. Given a slack ebb to slack flood period of about 6 hours, the average cross‐section velocity can be calculated as about 0.6 cm/s. This would be the magnitude of the current expected at the mid‐section of Americas Cup Harbor. To give a sense of how this might influence a boater attempting to moore in that area, if we assume a mooring operation takes about 5 minutes, then the vessel would be subject to about 2 m of drift during that time.
For the case of Newport Bay, we consider the proposed pilot area at Mooring Field C (Figure 2). Figure 3 shows a comparable tidal prism zone (green shaded) for the Mooring Field C area (red line). Based on this location, the upland surface area of this zone is approximately 3164000 m2 and a typical tidal range for Newport Bay is on the order of 2 m. Thus, the upland tidal prism for the mid‐section of Newport Bay is about 6328000 m3. The width of the cross section is about 365 m (including both channels) and the depth is about 4 m, so the cross‐sectional area is about 1460 m2. Given a slack ebb to slack flood period of about 6 hours, the average cross‐section velocity can be calculated as about 20 cm/s. To give a sense of how this might influence a boater attempting to moor in that area, if we assume a mooring operation takes about 5 minutes, then the vessel would be subject to about 60 m of drift during that time. Compared to the Americas Cup Harbor, the estimated currents for the Mooring Field C are in Newport Bay are approximately 32 times higher. These estimates are consistent with the drift measurements made by the Newport Mooring Association, and are also consistent with published measurement by Jeong et al., 2005 (Figure 4).
Citations
Jeong et al., 2005. Identifying Pollutant Sources in Tidally Mixed Systems: Case Study of Fecal Indicator
Bacteria from Marinas in Newport Bay, Southern California, Environ. Sci. Technol. 2005, 39, 9083-9093.
Figures 1 - 4
NMA Concerns
NMA Concerns on the New Mooring Proposal
May 21, 2023
Boaters are voters!! Call to Action! We need your help!
Protect your mooring location and privileges!
Please show up to City Council on Tuesday, May 23rd at 5:30pm
Our City Council will be voting on significant harbor code changes and pushing boats and moorings dangerously close together with double-row (tandem) mooring configuration. Here are a just a few of the many NMA Concerns:
1. Safety, Safety, Safety: Our City Council will be considering a pilot test of this dangerous mooring configuration without the mooring users being provided with a professional test plan developed by professional harbor designers to ensure that mooring users and their vessels will be safe. To the best of our knowledge, no testing procedures have been publicized for public review.
At a minimum any test WOULD NEED TO MEASURE THE LEVEL OF DIFFICULTY AND DANGER WHEN GETTING BOTH ON AND OFF MOORINGS IN DIFFERT CURRENT AND WIND CONDITIONS AND FOR PEOPLE OF DIFFERENT PHYSICAL ABILITIES.
We are concerned that the City’s Contract Engineer has issued a special disclaimer that they are NOT ENDORSING THIS MOORING FIELD LAYOUT. This disclaimer leads us to believe there are outstanding safety concerns, and our own tests have shown major safety issues. We must insist on seeing what is being tested and how it is being tested, so we can provide input if needed.
2. $410,000 Unnecessary Taxpayer Expense - The Harbor Commission is asking for $410k to pilot test the program in the C field. It is hard to fathom spending this kind of money to “reorganize” a simple mooring field.
3. Why isn’t the City performing initial tests on City owned mooring hardware prior to making significant harbor code changes? The City has an inventory of city owned moorings (including in the C field).They could easily perform preliminary tests with city owned moorings at no cost and without the need to revise the harbor code in advance of a pilot test. As an example, a few years ago, the City tested a mooring concept with City gear near Marina Park without changing the harbor code.
4. Please don’t make harbor code changes in advance of pilot test results: The Harbor Commission has asked for significant harbor code revisions in advance of pilot test results. These changes include references to “ESTABLISHED MOORING ROW LENGTHS.” What is an established mooring row length? Who establishes it? How is it established? What boats go where? Why are we making these changes in advance of a pilot test that may not be successful?
5. Transferability of Mooring Permits: The Harbor Commission is asking to establish a second class of mooring permit related to installing additional City owned moorings. They have included confusing and ambiguous “non-transferable” language regarding permits issued after a certain date, but at the same time, they refer to a properly transferred permit as new permit. Without clarification, this could be interpreted to mean that when you transfer your mooring, the new permit holder will not be able to transfer the mooring permit because the City will call his or her permit a “new” permit. So far, the City has not clarified this point.
Also, there is no need for the transferability code change. The City already rents out an inventory of approximately 30 city owned moorings. If they acquire additional moorings, they can establish the terms of rental or use under a private agreement with the user of the mooring and do not need to change the Harbor Code or create confusing new permit language.
6. Per Oceanographer Report, Tidal Currents are 32 times stronger in Newport than America’s Cup: The City is importing the double row idea from very protected America’s Cup Harbor where there are no tidal currents. This is not a good idea.
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IT IS TIME TO ACT! SHOW UP TO CITY COUNCIL ON TUESDAY May 23rd at 5PM
PROTECT YOUR MOORING LOCATION AND STOP THE UNSAFE TANDEM MOORING PLAN
Email City Council Members: CityCouncil@newportbeachca.gov
Email us at: Mail@YourNMA.org or Mail@YourNewportMooringAssocation.org
Thank you for your anticipated help and support,
Your NMA Directors
City Council Documents 5-23-23
Staff Report and Related Documents for the May 23, 2023 City Council Meeting
May 18, 2023
Attention Mooring Permittees,
The Staff Report and related documents for the May 23rd meeting are listed below for easy download. The NMA is currently reviewing these documents and will provide comments shortly.
___________________________
IT IS TIME TO ACT! SHOW UP TO CITY COUNCIL ON TUESDAY May 23rd at 5PM
PROTECT YOUR MOORING LOCATION AND STOP THE UNSAFE TANDEM MOORING PLAN
Email City Council Members: CityCouncil@newportbeachca.gov
Email us at: Mail@YourNMA.org or Mail@YourNewportMooringAssocation.org
Thank you for your anticipated help and support,
Your NMA Directors
Email the City Council!
Call to Action!
IT IS TIME TO ACT! SHOW UP TO CITY COUNCIL ON TUESDAY May 23rd at 5PM
PROTECT YOUR MOORING LOCATION AND STOP THE UNSAFE TANDEM MOORING PLAN
May 16, 2023
Attention Mooring Permittees,
The City Council will be voting on pilot test and implementation of a dangerous double-row/tandem mooring plan and associated detrimental Harbor Code changes on May 23rd. While the pilot test will put private boats at increased risk of collision, the recommended Harbor Code changes will change the nature of your privately owned mooring tackle and create UNCERTAINTY OF MOORING LOCATION FOREVER regardless of the results of the pilot test of the ill-advised and unsafe double-row/tandem mooring plan.
The Newport Mooring Association has obtained an Oceanographer report indicating tidal currents are 32 TIMES STRONGER in Newport Harbor compared to America’s Cup Harbor, where the double-row/tandem configuration is utilized. With your help, we believe the NMA can convince City Council that pushing mooring rows closer together in Newport Harbor will decrease safety and increase the difficulty of mooring utilization given the strong currents and prevailing winds.
In reviewing City documents, it appears the City’s Coastal Engineer (Noble Consultant) has not endorsed the double-row/tandem layout. In fact, the engineering firm has made specific disclaimers indicating they take no responsibility for this mooring layout or configuration. This gives us the impression that the professionals are not willing to sign off on the double-row/tandem configuration in Newport because they know it is less safe and more difficult to use given the environmental conditions (wind and current) in Newport Harbor.
Note from Noble Consultants (City’s Contract Engineer) helix anchor report dated 9/20/22: DISCLAIMER The mooring layout and anchor spacing for this project was not conceived or endorsed by Noble Consultants, Inc. nor its staff Engineers.
Email your local council member today and express your concern regarding the unsafe double-row (tandem) mooring configuration as well as the unnecessary changes to the harbor code that will allow the Harbor Commission to force you to move your boat and mooring at your expense with ad hoc mooring layout decisions.
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You can email your thoughts to the Harbor Commission and City Council by using these email addresses – any emails you have already sent to the special email address “HarborFeedback” may not be made part of the official public record.
Email City Council Members: CityCouncil@newportbeachca.gov
Email us at: Mail@YourNMA.org or Mail@YourNewportMooringAssocation.org
Thank you for your anticipated help and support,
Your NMA Directors
Looking out for the interest of all mooring owners
Newport Mooring Association
P.O. Box 1118, Newport Beach, CA 92659-1118
Email the City Council!
Call to Action!
IT IS TIME TO ACT !
PROTECT YOUR MOORING LOCATION AND THE VALUE OF YOUR MOORING
March 14, 2023
Attention Mooring Permittees,
The Harbor Commission has voted to recommend Commissioner Ira Beer’s radical double row mooring plan and associated detrimental Harbor Code changes be approved by City Council – possibly as soon as the next City Council meeting on March 28th. The recommended Harbor Code changes will change the nature of your privately owned mooring tackle and create UNCERTAINTY OF LOCATION FOREVER regardless of the results of the pilot test of the ill-advised and unsafe double row mooring plan.
We are asking all mooring permittees to EMAIL CITY COUNCIL TODAY to object to these RADICAL HARBOR CODE CHANGES related to a mere pilot test of an unpopular mooring row realignment plan.
Through this proposal, a small “Ad Hoc” group of Harbor Commissioners is starting the process of a MAJOR Harbor Master Plan Reorganization that will force the INVOLUNTARY relocation of a high percentage of moorings and boats. We do not think these major changes should be forced on us by a small group of Harbor Commissioners. We believe that any significant mooring field reorganization should be a collaborative effort of all stakeholders.
Here are the primary concerns:
1. CODE CHANGES NOW?? --The Harbor Commission has recommended that City Council pass a host of detrimental Harbor Code changes IN ADVANCE of a pilot test of a dangerous double row mooring plan that has only been used in the ultra-protected harbor of America’s Cup Harbor in San Diego. Why should any changes to the Harbor Code be made now? Are these changes to the Harbor Code their real objective?
2. EXPANDED AUTHORITY to allow the City to make you move your boat and your mooring tackle FOREVER and AT YOUR COST--The existing code allows the Harbormaster to move your boat “when necessary” (i.e., in an emergency). This authority will now be expanded to include nebulous reasons for an involuntary relocationand now will include moving your boat and your mooring tackle at your cost.
3. MOVING AUTHORITY from City Council to the Harbor Commission --The Harbor Commission is asking the City to move mooring equipment mandate authority from our elected City Council down to appointed and unaccountable Harbor Commissioners. This will weaken mooring permittees’ ability to protect our moorings at the ballot box. City Council should not cede this authority given mooring equipment mandates rarely change. This is a power grab.
4. TRANSITIONING OUR PRIVATELY OWNED MOORING EQUIPMENT to “City owned” mooring equipment--The Harbor Commission is asking for authority to transition our privately owned mooring tackle to city owned mooring tackle. Mooring rates will likely increase as the city will want to recoup mooring tackle expenses. This will also increase City liability when incidents occur.
5. GOVERNMENT MANDATED INVOLUNTARY BOAT AND MOORING RELOCATIONS--Regardless of the outcome of the pilot test, the Harbor Commission has recommended moving forward with a new government mandate regarding “Designated Mooring Row Lengths”. Your boat and approved mooring length will now have to match up with an undefined and undetermined Designated Mooring Row MAP(if not, your boat and mooring will be subject to forced relocation). The map was not published with the agenda. This undefined and undisclosed map will be the mechanism the city will use to force INVOLUNTARY mooring relocations. When was this map created? How was it created? How many mooring holders will it impact?
6. TRANSFERABILITY CONCERNS--The proposed new language concerning transferability is still very unclear as it states that “new mooring permits” will not be transferable. Given the fact a person is issued a “new mooring permit” when he or she buys a mooring, that new mooring permit could be deemed to be non-transferable in the future. In response to this concern, proposed objectionable language was not changed and Commissioner Beer has only responded verbally saying that: “Existing permits are transferable. We are not changing transferability for existing permits”. This is clearly not an acceptable explanation. Is the Harbor Commission being obtuse and difficult on this subject for a tactical reason?
7. BUMP YOUR NEIGHBOR EXTENSION PLAN--The mooring length extension policy will now convert to a “Bump Your Neighbor” forced relocation plan. If your new Designated Mooring Row Length is longer than your boat length, you can be bumped and forced to move in favor of a larger boat. If you upsize your vessel even slightly, you will now most likely be forced to move to a different location.
8. MOORING VALUES AT RISK—Several Harbor Commissioners have expressed their outrage in the past at the fact that mooring permits have substantial value. Is the Harbor Commission trying to impact mooring permit values negatively? It sure seems to be a primary objective.
The NMA has expressed these concerns and they have fallen on deaf ears with the Harbor Commission. The Harbor Commission has maligned the NMA at almost every meeting. This disturbing behavior should be a big wakeup call regarding the fact that these revisions are being crammed down your throat.
___________________________
You can email your thoughts to the Harbor Commission and City Council by using these email addresses – any emails you have already sent to the special email address “HarborFeedback” may not be made part of the official public record.
Email City Council Members: CityCouncil@newportbeachca.gov
Email us at: Mail@YourNMA.org or Mail@YourNewportMooringAssocation.org
Thank you for your anticipated help and support,
Your NMA Directors
Looking out for the interest of all mooring owners
Newport Mooring Association
P.O. Box 1118, Newport Beach, CA 92659-1118