Significant Positive Changes to the New Mooring Permit

We would like to congratulate the NMA Harbor Policy Committee and City representatives - including Assistant City Manager, Carol Jacobs and the City Attorney's office - for significant positive modifications to the new information forms being sent to mooring permittees. The NMA Committee received a very good response from its members after the initial draft was circulated, and our members' suggestions were very helpful in working on the final draft. You should be receiving your new information request and acknowledgment shortly.

The NMA is working for you and always appreciates your input.

Thanks for your 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  

mail@NewportMooringAssociation.org 

To our NMA Members,

In connection with the City of Newport Beach updating information on each mooring, the City is sending out what appears to be a written agreement and/or acknowledgement regarding various mooring provisions.  So far, the City has sent a limited number to permittees in the small K-field, and they expect to start to send this document to permittees in the other fields shortly. 

The document has 27 provisions, many of which appear to simply restate items in Newport Beach’s new Title 17.  The NMA Board is in the process of reviewing what the City is asking permittees to sign, acknowledge, and/or agree to.  The relevant parts the document – the individual provisions - are set forth below.  We have some initial concerns about some of these items and will seek clarification from the City. We will provide you with an update on our analysis at a later date. If you have comments on any of the provisions, please let us know by sending us an email at mail@newportmooringassociaton.org.

The NMA board can use your support. If you have time to help us with our work, let us know. If you have not sent in your 2021 dues of $50, (or a higher donation) please send a check to our address below, or you can pay by send us a Zelle payment from your bank via your online banking program or app. Send your Zelle payment to: mail@newportmooringassociation.org

Thanks for your support!

 All the best,
Your NMA Directors
Looking out for the interest of all mooring owners
Newport Mooring Association
P.O. Box 1118, Newport Beach, CA 92659-1118
mail@NewportMooringAssociation.org

_____________________________________________________

This Mooring Permit is issued under the following terms and conditions:

1) This Mooring Permit is a license for the temporary use of the mooring location specified herein and is revocable. The issuance of this 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 the State of California. (NBMC Section 17.60.040(A),(B)(2)(i))

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2) A Mooring Permittee may not hold more than two mooring permits at any time. A Mooring Permittee that has held more than two mooring permits prior to May 11, 2017 may continue to hold the mooring permits until the permits are sold, revoked, or otherwise transferred. (NBMC Section 17.60.040(B))

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3)  All parties under a jointly permitted mooring shall have equal rights, obligations and liability under the Mooring Permit and shall be jointly and severally responsible for compliance with all rules, regulations, and conditions set forth in the Mooring Permit. (NBMC Section 17.60.040(B(2)(c))

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4)  Mooring Permittee shall pay fair market value rent, as established by resolution of the City Council, on a rent schedule established by the Harbormaster, which shall be similar to the schedule used to collect rent from other tidelands users in Newport Harbor. (NBMC Section 17.60.040(B)(2)(h))

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5) Mooring Permittee shall be responsible for payment of all permit rents, fees, costs of maintenance and repair of mooring equipment. (NBMC Section 17.60.040(B)(2)(b))

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6) Rental or lease of the mooring to another person is prohibited except with the written permission of the Harbormaster. (NBMC Section 17.25.020(L))

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7) Mooring Permit transfers and changes to the assigned vessels are prohibited without prior City review and approval. (NBMC Section 17.60.040(F))

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8) City may temporarily assign the mooring to other vessels through the issuance of a Mooring Sub-Permit, during times when the mooring is deemed vacant. (NBMC Section 17.60.040(B)(2)(d))

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9) Mooring Permittee shall be responsible for any towing-related charges associated with the assigned vessel.

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10)  Mooring Permittee shall provide valid government issued identification and, upon request of the Harbormaster, additional documentation to verify Mooring Permittee’s place of residence, to the satisfaction of the Harbormaster. Mooring Permittee shall provide City written notice of any change in their contact information within five (5) calendar days of such change. (NBMC Section 17.60.040(B))

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11)  Mooring Permittee shall provide and maintain as current for the term of the Mooring Permit, evidence of valid DMV registration, USCG documentation, or other proof of controlling possessory right in the assigned vessel, all to the satisfaction of the Harbormaster. (NBMC Section 17.60.040(B)(2)(g))

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12)  Mooring Permittee shall provide and maintain as current proof of insurance coverage, naming the City as an additional insured, to the satisfaction of the City’s Risk Manager, for the assigned vessel as well as any tender maintained at the same mooring as allowed for under the NBMC. (NBMC Section 17.60.040(B)(2)(f))

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13)  Mooring Permittee shall lift the mooring system (weights, tackle, and other elements) for inspection by the Harbormaster, or provide certification of such inspection by a qualified marine contractor, at least once every two (2) years. The Harbormaster may require the mooring to be lifted at any time when deemed necessary to assure it is in good condition. (NBMC Section

17.25.020(K))

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14)  The Harbormaster, or his designee, may board the assigned vessel at any time to inspect the condition and operability of the marine sanitation device(s) and/or insert dye tablets to determine whether those devices are discharging overboard in accordance with applicable laws. (NBMC Section 17.60.040(B)(2)(k))

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15)  The City, or its designee, is authorized to move the vessel on the mooring to another location when deemed necessary by the Public Works Director and/or Harbormaster. Mooring Permittee shall bear the vessel and mooring moving costs. (NBMC Section 17.60.040(B)(2)(j))

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16)  All elements and parts associated with the mooring shall be kept in good condition at all times. Mooring Permittee shall maintain the mooring in its designated location and shall be responsible for adjusting the mooring as necessary when it has shifted, moved, or otherwise deviated from its designated location. (NBMC Sections 17.25.020(I); 17.60.040(B)(2)(b))

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17)  Only one (1) assigned vessel is allowed on a mooring at a time. The vessel shall be maintained in a safe, operable and seaworthy condition and shall not constitute a public nuisance. The vessel is subject to inspection by the Harbor Department prior to its assignment to a mooring, or thereafter upon request of the Harbormaster, to confirm it meets the requirements outlined in the NBMC. (NBMC Section 17.25.020(H)(2), (3))

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18)  The use of floats or any other such equipment for the storage of vessels is subject to the prior review and approval of the

Harbormaster.

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19)  Mooring buoys must be clearly marked with the City-assigned mooring number and in accordance with the requirements for size, specifications, colors, and reflectivity of buoys and numbering systems. (California Uniform State Waterway Marking System; NBMC Section 17.25.020(G))

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20)  The operation of the assigned vessel’s mechanical or electrical systems shall not create excessive noise, odors, vibrations, fumes, discharges or emissions that constitute an impact on public health and safety. (NBMC Section 17.25.020(H)(3)(g))

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21)  The City has a “no tolerance” policy with respect to unpermitted discharges of waste into the waters of Newport Harbor. If the assigned vessel is equipped with a toilet, a marine head, or any other permanent or temporary receptacle for human body wastes, then the vessel must be equipped with a holding tank designed to retain all contents deposited in the receptacle until such time as the contents can be discharged into a sanitary sewer system or discharged otherwise in accordance with law. All sewage systems on the assigned vessel must meet U.S. Coast Guard guidelines and must be locked shut while the vessel is moored in Newport Harbor.  Mooring Permittee shall not release or permit to be released into the water or upon the docks or land, by action or inaction, any waste or environmentally objectionable substances including, but not limited to, oil, paint or gasoline. Mooring Permittee shall immediately implement necessary clean up and disposal of any waste and shall immediately report any release to all appropriate government agencies and to the Harbormaster. Mooring Permittee shall be responsible for the prompt payment of all costs associated with clean up and disposal including costs of absorbent pads and booms, oversight by government agencies and Harbor Department personnel, fines, penalties and legal fees. If City is not satisfied with Mooring Permittee’s corrective actions in response to a release or discharge City may, at its sole discretion, take any and all action it deems appropriate, including but not limited to ordering the vessel removed from the assigned mooring, prohibiting the vessel from re-assignment to a mooring for a period of up to six (6) months, and revocation of the Mooring Permit.  Mooring Permittee shall be liable for all costs and expenses associated with the City’s corrective actions, which shall be payable to the City immediately upon receipt of an invoice from the City. (NBMC Section 17.45.030)

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22)  Mooring Permittee shall take any and all necessary action to promptly employ and maintain appropriate sea lion deterrent measures upon receipt of a notice of violation. (NBMC Section 17.25.020(H)(4))

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23)  Mooring Permittee shall jointly and severally defend and indemnify the City and any other government entity with jurisdiction against any claims or losses arising out of, or related to the use of, the Mooring Permit except where the claim or loss arises from the sub-permittee’s damage of the mooring, or out of the negligence and/or misconduct of a person assigned the mooring as a mooring sub-permittee. (NBMC Section 17.60.040(B)(2)(e))

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24)  Spreader lines on a mooring must be adequately marked and buoyed at all times.

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25)  Living aboard a vessel is prohibited without a live-aboard permit. (NBMC Section 17.40.030)

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26)  A single tender, no longer than fourteen (14)feet in overall length, that serves as access to and from the assigned vessel, may be secured to the assigned vessel or may be secured to the off-shore mooring in the absence of the assigned vessel. The vessel must be secured in such a manner so as not to intrude into the fairway or obstruct neighboring permittees (NBMC Section

17.60.040(B)(1)(b))

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27)  Violation or failure to comply with any of the terms and conditions outlined herein or the provisions of Title 17 of the Newport Beach Municipal Code shall be grounds for revocation of the Mooring Permit. (NBMC Section 17.70.020(A))

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____________________________________________

By Signing Below, Mooring Permittee agrees to comply with the provisions set forth in Title 17 of the Newport Beach Municipal Code in addition to these permit conditions.

Permittee:

Name: ____________________________________________ Date:____________________

Based on the widespread concern from members of Coastkeeper and other interested members of the public, the County postponed their application hearing and pulled the item off of the Coastal Committee’s meeting agenda for this Wednesday. At this time, they anticipate it will go before the Commission in June.

Coastkeeper sees this as a win, and that it is an opportunity to work on a Permit Amendment that is more favorable to boaters and the general public. They are encouraging everyone to sign up to speak at the Coastal Commission hearing on Wednesday during the public comment period (since the agenda item is removed.)  Coastkeeper's goal is to get the old permit enforced now - meaning 72 hour tie up at the dinghy dock and use of the visitor dock.  

We are encouraging our members make public comments and urge the commission to immediately enforce the old permit until the new permit is approved by the commission, not to wait for another boating season to go by. 

You can sign up to speak at the meeting here:
 

https://www.coastal.ca.gov/meetings/request-testimony/wednesday/

 The Harbor Commission Meeting will include a discussion of the Harbor Commission Objectives, which have been significantly revised since the last meeting. 

It includes objectives to shrink the size of the mooring field footprints, mooring extensions and mandatory reductions in lengths upon transfer, the possibility of eliminating some on-shore moorings, and the need for increased rates on moorings. 

We need your attendance at the meeting to voice your concerns! The meeting will be held at 5PM, with attendees allowed access in the Community Room adjacent to the City Council Chambers. The revised Harbor Commission Objectives can be downloaded below as well as the NMA Comments for the Harbor Commission Meeting:  

At the Harbor Commission meeting of June 12, 2019, the Harbor Commission reviewed proposed amendments regarding offshore mooring extensions. The Commission approved a Harbor Department Policy based on this recommendation and requested staff to present the revised policy to the City Council for approval in February or March 2020. 

The revised mooring extension procedure:

1. A Mooring Permittee shall in writing complete a Request for Mooring Extension form providing all requested information. 

2. The Harbormaster shall review the request for compliance with all Title 17 Regulations and the approved list of Maximum Vessel Lengths by Field and Row to determine if the request can be granted (Attachment A below). 

3. If the request does not exceed the maximum length in the mooring field row per Attachment A, the Harbormaster may approve up to a five-foot extension. However, the Harbormaster has the discretion to deny the request based upon existing conditions, navigational concerns or restrictions that may result from allowing such extension. 

4. If the request is for more than five feet, and within the maximum vessel lengths, the Harbor Commission will decide the issue. 

5.The decision of the Harbor Commission may be appealed to the City Council. 

6.The Harbor Commission may periodically review the Maximum Vessel Lengths set forth in Attachment A and update as necessary. 

7. Exceptions may be made based on end-tie or proximity to the channel, public beaches and footprint of the mooring field and general navigational considerations

If the Harbormaster or the Harbor Commission, as applicable, approves an application for an amendment to the offshore mooring permit under this section, such approval shall be conditional and contingent upon the following requirements: 

a. The mooring permittee must occupy the mooring with the new vessel within twelve (12) months following the date of approval; and 

b. The mooring permittee’s rights pursuant to a valid mooring permit, as amended, shall not be sold or otherwise transferred for a period of twelve (12) months following the date of occupancy of the mooring with the new vessel. The sale or transfer of said permit shall comply with the requirements of subsections (B)(3), (E) and (F) of Section 17.60.040.

This week the Coastal Commission is meeting in Newport Beach, and among the topics being discussed is public access to the Harbor Patrol's dinghy dock, which has recently been reopened, but with restricted hours.  

Among the speakers lined-up for public comment was the NMA's John Fradkin.  The public comment session got cut short due to time constraints, and unfortunately John did not have an opportunity to comment.  The Coastal Staff is likely reviewing the County CDP application over the next few weeks and will issue their recommendations.  Here is the text of John's comments, in which he states the NMA's position on attempts to to reduce hours on dinghy docks. This letter will be distributed to the Commissioners and staff:

Honorable Coastal Commissioners

Sep 11, 2019

My name is John Fradkin.  I am a director of the Newport Mooring Association.

The Newport Mooring Association champions the rights and needs of the mooring permittees who lease moorings from the City of Newport Beach. Dinghy access from public docks is of paramount importance to our membership. If you can’t access your mooring easily, then that mooring has very little value. 

There are over 700 offshore moorings in Newport Harbor. Only about 150 of them have access to a regular shoreboat service – those being the moorings controlled by the Newport Harbor Yacht Club and the Balboa Yacht Club. The remaining 550 offshore moorings are accessed by several ways, but primarily by small dinghies launched at public docks. Mooring permittees are the single largest user group of the public docks. 

Life on a mooring is not easy. Fresh water access is difficult. Access to electricity is difficult. Just accessing the boat is difficult. When attempting a multi-day maintenance project on a boat on a mooring, it is very helpful to be able to leave your dinghy at a dock overnight so that you can return the next morning and get back to work with a minimum of effort. 

We need more public access to the harbor and anytime there is a reduction in public access from public dinghy docks in Newport Harbor, the Newport Mooring Association feels compelled to speak out in protest.

Unfortunately this past year saw a reduction in public access to Newport Harbor at the Orange County Sherriff Department facility’s dinghy dock located on Bayside Drive. This is an especially important access point for mooring permittees as it is the only public pier on that side of the harbor. Additionally there is always easy parking availability nearby, and if you have a mooring in the A field, it allows you to not have to drive your car all the way out to the end of the Balboa Peninsula which saves you a lot of time. 

Access to this dinghy dock has gone from 72 hours to daylight hours only. Why was this change made?  Because some people were abusing the 72 hour rule and their leaving dinghies there for extended periods of time. That is not a good excuse in my mind. Enforcing a 72 hour rule is a simple code enforcement issue that is not too different from enforcing the daylight hours only rule now in place. A cell phone camera and some stickers would be the only additional equipment necessary. In my estimation, it would only add a minute or two to the current job of enforcing a daylight hours only policy.

The Newport Mooring Association respectfully asks you to encourage the reinstatement of 72 hour dinghy dock access at the Orange County Sherriff Department dock on Bayside Drive so that mooring permittees can better access and maintain their boats.

Thank You.

Here is a link to the public comment section of the meeting:

https://cal-span.org/unipage/?site=cal-span&owner=CCC&date=2019-09-11

The Coastal Staff is likely reviewing the County CDP application over the next few weeks and will issue their recommendations.