Oil Spill

Per Stu News October 8th:

The public had been advised to steer clear of the beaches and all wildlife being affected. That, however, is changing. Volunteers are now being encouraged to register to help. Requirements: they must be at least 18 years of age, be able to lift 25 pounds and “willing to follow county COVID procedures.”

If you’d like to register, go to 

https://calspillwatch.wildlife.ca.gov/Vo

Read the full article here:

https://www.stunewsnewport.com/index.php/2-uncategorised/12206-fair-game-100821

The NMA is launching a pilot program with the City of Newport Beach to provide better access to moored boats by providing “shuttle” transportation to fetch a moored boat’s dinghy.  The NMA has obtained an 8’ Walker Bay dinghy and placed it at Marina Park in a special, marked parking spot on the Marina Park dock.  The dinghy is set up for a single oarsman and can be used to row out to a moored boat to fetch the permittee’s own dinghy, and then returned to the Shuttle Dinghy depot.  A reasonable time of 30 minutes is expected for most shuttle trips.

This initial pilot program will provide a shuttle dinghy to the H and J mooring fields adjacent to Marina Park.  If the pilot program is successful, we hope that it will be expanded throughout the harbor.  The NMA hopes to improve overall access to the moorings, as well as help reduce crowding at the public docks.

Shuttle Dinghy users must be NMA members in good standing and will be required to sign an agreement with the NMA acknowledging our requirements and certifying that the member has current marine vessel insurance in effect that covers liability for the use of its vessel on the mooring and any dinghy or tender used to access the vessel.  Members will be provided with the combination to the lock on the dinghy and oars and will be asked to log their use of the dinghy on a log sheet provided near the Shuttle Dinghy depot. A PFD is provided under the back seat of the boat.

If you would like to be a part of our Shuttle Dinghy Pilot Program, please download and sign our agreement, which can be found below, and email it plus your contact information (name, email and cell phone number) to mail@newportmooringassociation.org with “Shuttle Dinghy” in the subject line.  Our Board member, George Hylkema, will be working with our first participants to make sure our procedures are working as we envisioned. 

We hope this is a positive program to increase access to our beautiful harbor! 

Here is NMA Board Member George Hylkema presenting his invention the "Particle Separator" as a part of the City of Newport Beach's Pump Out Stations Project:

https://newportbeach.granicus.com/MediaPlayer.php...

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))

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

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

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

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

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

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.

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

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)

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

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

___ Mooring Permittee(s) Initials   

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

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

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))

___ Mooring Permittee(s) Initials   

____________________________________________

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/