Shuttle Dinghy
The NMA is launching a pilot program for a Shuttle Dinghy at Marina Park!
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!
A little more background...
From Board Member George Hylkema - "While this is a "pilot" program for the Harbormaster and for NMA it was as I have mentioned "prototyped" for 10 years at the Fernando dock where my dinghy has served as a shuttle with 7 keys out to fellow mooring permit holders in the C mooring field. There are at least 4 fewer dinghies at the Fernando dock with this setup. I hope it becomes popular."
Thank you for all your work on this program, George!
New in the Harbor
New Particle Separators at the City Pump Out Stations
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...
Harbor Patrol Dock Access
Good News! Harbor Patrol Dock and Slip Access to be Restored!
The final Coastal Commission hearing for the Harbor Patrol / Bayside Drive Dock is set for Wednesday June 9th. Per the CCC staff report, the County is restoring 20-minute loading on the visitor dock, all 5 guest slips and overnight dinghy dock access (24 hours with additional nights by permission). Additionally, the County has agreed to make their 7 deep water moorings available for public rental. The meeting agenda, links for access, and links for public comments can be found here:
https://www.coastal.ca.gov/meetings/agenda/#/2021/6
The NMA and OC Coast Keeper are planning to make positive public comments in favor of the CDP at the hearing. Please join us making comments, or submitting a letter in support of this action! Thank you for your support on this issue – it will be very good to regain this access to the Harbor.
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
New Harbor Master
Introducing our new Harbor Master – Paul Blank! (and he’s a mooring permittee!)
“I have been part of the Newport Harbor community since I completed City of Newport Beach Recreation Department sailing lessons in 1975. That early introduction to sailing has led to a lifetime passion for boating, and a particularly strong interest in maintaining and sustaining the harbor as the center of culture for Newport Beach. Not unlike Sydney Australia, a city in which I have also been privileged to live and work, our harbor is inextricably woven into what makes Newport the special place it is. It is my desire to both maintain and strengthen this. I have been a mooring permittee in Newport Harbor since 2003. I enjoy spending time aboard my True North 38 cruising Newport Harbor and exploring the Channel Islands as well as sailing my sabot and paddleboarding.”
Welcome aboard Paul!
Sara Hall wrote this article in StuNews that provides more information on Paul and his background in Newport Beach.
New Mooring Permits From The City
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
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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:____________________
CCC
A Quick Update on Harbor Patrol Dinghy Dock Access
After three years of bumping heads on this issue, the tide appears to have turned as a result of the hard work from members of Coastkeeper, the NMA, and other interested members of the public.
In a meeting last week (4/7/21), the OC Parks suggested they will reinstate 24 hours overnight stays with an option of extra time by special request (walking up to office). The visitor dock will be open for 20-minute loading provided the boat is not left unattended. The 5 guest slips will be restored. OC Parks is still analyzing how to best address the permanent walkway that currently exists to the access the dinghy dock, guest slips, restrooms, and the bulkhead walkway. An option currently being discussed is to block off the walkway and mitigate with temporary mats or permeable tiles over beach.
The Newport City Lifeguards may lose a slip (retaining one slip and an end-tie) and the State Lifeguards will retain 3 slips.
OC Parks indicated they are going to develop a detailed webpage for the amenities to better “advertise” the guest slips, etc., and the NMA is pushing to have the deep-water moorings in Carnation Cove included in these materials.
We believe that the OC Parks will submit their revised CDP to the coastal staff to issue their revised recommendations – but the NMA will actively monitor the progress of the CDP. Stay tuned!
Postponed! Coastal Commission Hearing on Harbor Patrol Dock Access Postponed Until June
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/
CCC
California Coastal Commission Meeting on Dinghy Dock Access – March 10th 2021
Last year we 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 parking available nearby, it allows better access to moorings in the A field. 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 leaving dinghies there for extended periods of time. The NMA feels that enforcing a 72-hour rule is a simple code enforcement issue that is similar to enforcing the “daylight hours only” rule now in place.
An active group of people have challenged the change and brought it to the attention of the California Coastal Commission. Initially they were hopeful the staff report will be in favor of restoring full access to the overnight dinghy dock, 5 low-cost guest slips and the visitor/loading dock. The CCC staff report was posted on Friday, February 26th, and it is not favorable to boater access:
1. CCC Staff has recommended approval of the “day-use only” concept on the dingy dock which eliminates overnight dinghy tie-up.
2. Staff is allowing the County to close the easy access visitor dock (north end). To mitigate, the CCC is asking the County to convert one of the 4 lifeguard slips into a “visitor slip”. It is unclear how many of the 5 documented guest slips the CCC staff is protecting.
The full meeting agenda, staff report, and exhibits can be found here: California Coastal Commission or you can download the documents below.
You also have an opportunity to change their minds by emailing a public comment. The deadline to submit a public written comment is this Friday, March 5th at 5pm. Please take a moment and submit a comment in favor of restoring overnight dinghy dock access at SouthCoast@coastal.ca.gov referencing Public Comment on March 2021 Agenda Item Wednesday 12a.
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. Please support our efforts!
The 2021 Winter / Spring Newsletter is Here!
Harbor news, the retirement of our Harbormaster, Kurt Borsting, and more. Download our latest newsletter below!
Harbor Commission Meeting
ATTENTION MOORING HOLDERS: Please attend the Harbor Commission Meeting Monday November 9th, 2020
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.
Using the City's information, the NMA has determined that there are currently at least 123 off-shore moorings that exceed the new maximum LOA for the respective rows (as shown in the City survey). The way new language is worded, this means:
- This may affect your ability to get an extension on your mooring.
- You would not be able to transfer your mooring at its current length, and you could be forced to reduce the size of your mooring under certain conditions.
- This may set a precedent, for reduction of mooring size for all moorings, not just the 123 currently being targeted.
In discussions with City staff and the Harbor Commission, it became evident to the NMA the specific current proposal will be applied so that when you transfer your mooring, with or without a boat, the City can require that your mooring be reduced to what they have decided is the maximum length for the row.
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:
Mooring Extensions
Proposed City Council Policy - Offshore Mooring Extensions
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.