August State Lands Commission Communication to City

This is the independent appraisal by the top appraising company in California, CB Richard Ellis. You can download the appraisal and the NMA Position Paper below.

This appraisal takes into account the most important facts impacting mooring rates and uses the same methods accepted and used by the California State Lands Commission.  Among other considerations, it takes into account the lack of access to Newport Moorings compared to every other harbor that has moorings.  The rates charged by all other harbors are lower and they also provide, as part of the charge, dinghy docks for 24/7 access to the moorings. 

Anyone reading the independent appraisal by this reputable company will see why the Netzer appraisal is seriously flawed.

January 8, 2024

Dear Mooring Permit Holders,

 On Wednesday, January 10th at 5pm, the Harbor Commission will review their new appraisal which would increase offshore mooring fees 3 to 5 times. For example, a 50-foot mooring would increase from $2,004 to $11,250 per year. Increases for other sizes are posted below.

The NMA is shocked that this is even being considered. The NMA has repeatedly pointed out that mooring holders already pay 5 to 10 times more than all other tideland users including homeowners with docks and major corporations who operate marinas. We are currently paying far, far more on a square foot basis for use of the same tidelands. This new report exaggerates this discrepancy multiple times over and flies in the face of fairness and blatantly discriminates against mooring holders.  The staff report and related documents can be downloaded below.

In our view, this, together with the other actions of the Harbor Commission this last year, appears to be designed to destroy private mooring permits as we know them.

We need your help, we need your money, and we need your involvement.

It’s time to step up and be counted.

Below is a snippet that shows the new rate scheme - this is taken directly from the Netzer Appraisal Report, and is also shown on page 4 of the Staff Report:

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 permittees

Newport Mooring Association

P.O. Box 1118, Newport Beach, CA 92659-1118

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.

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! 

______________________________________

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:

1. 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.
2. 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.
3. 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.
4. 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. 
5. 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.
6. 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.
7. 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?
8. 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.  
9. 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."
10. 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?
11. 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