Have you received our survey questions via email this week?

The Newport Beach Harbor Commission has asked the Newport Mooring Association to provide guidance and recommendations on several topics. 

As the organization interested in protecting the interests of all Newport Mooring Owners, the NMA wishes to know your thoughts and suggestions on spreader lines for two point moorings. If you have not received a survey question, please contact us at  mail@newportmooringassociation.org

Watch for future surveys and we appreciate your opinion on these matters!

The new Mooring Extension Policy will be presented at the November 10th Harbor Commission Meeting by Commissioner Ira Beer.  The NMA has no other details at this time.  The Harbor Commission meeting will be held in the City Council Chambers on Wednesday, 11/10, at 5pm.

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/

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

We Need Your Help!

The City of Newport Beach is attempting to lay the foundation to increase mooring rates by 10 times or more in a proposal at the January 12th Harbor Commission Meeting. The rates for onshore moorings would be increased from $1.58 per foot to $20.00 per foot. The Staff Report and appraisal documents can be downloaded below.

The City is on the verge of raising mooring rates 10 times, and without allowing mooring permittees to provide any meaningful input, without allowing time to present alternative valuations, and without consideration for how such and increase will destroy affordable boating in Newport Harbor.

Here’s how you can help:

1. Show up at the Harbor Commission Meeting TOMORROW, Wednesday, January 12, 5:00pm at the City Council Chambers - 100 Civic Center Drive
2. Call and email your City Council Members and the City Manager one email will reach all members: citycouncil@newportbeachca.gov  or call  949-644-3004
3. Email Harbor Commission Members  - one email will reach all members: HarborCommission@newportbeachca.gov .
4. If you are a member of a Yacht Club, call and email the bridge and board of directors of your yacht clubs.
5. If you have not sent your Mooring Association dues, please do so and a bit more if you can to obtain own appraisal and legal support for the NMA to fight these increases.

Thank you for your support!

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...

Dear NMA Members,

On February 9th the Newport Beach Harbor Commission will be voting on a fee increase in Newport Harbor. The current recommendation is to raise the shore mooring rates from $341 to $4,320 per year. This is an increase of over 1,000%.

We believe this increase threatens the last affordable small boat storage in Newport Harbor and will knock many small boat owners out of the harbor.  We need your help!

The Newport Mooring Association has less than 30 days to convince the harbor commission to reject this fee increase and leave the existing fee structure with built-in inflation increases should remain in place.

What can you do to help?

1. Attend the Wednesday, February 9th Harbor Commission meeting at City Hall at 5pm. Consider making comment against the fee increase.
2. Call and email your City Council Members, the City Manager and the Harbor Commission members - these two emails will reach ALL of them:  CityCouncil@newportbeachca.gov,       HarborCommission@newportbeachca.gov  or call 949-644-3004 to leave messages.
3. Get directly involved- the NMA is forming a sub-committee of members to address this shore mooring fee increase. This is good civic engagement at the local level. Email us at mail@newportmooringassociation.org to get directly involved.
4. Renew (or Register) your NMA Membership today. Please see the registration form on the NMA membership webpage at https://newportmooringassociation.org/membership 
5. Donate a few dollars on the NMA website to help us mobilize over the next 3 weeks.

The Harbor Commission started initial discussions on the fee increase at the Harbor Commission meeting on Wednesday. Here are Important notes from that meeting:

• The NMA and other speakers pointed out that the 3rd party mooring rate appraisal has significant problems- ie.it is not reasonable to compare waterfront property to floating mooring lines or to compare docks (that provide water, power, security) to muddy shore moorings. Our detailed assessment of the Netzger appraisal is here:

                  NMA Whitepaper -  Shore Mooring Appraisal Problems

• The Harbor Commission acknowledged the 3rd party mooring fee appraisal is flawed and postponed any decisions on the matter for one month to give stakeholders, staff and commissioners time to digest the issue.
• The NMA pointed out that the City had been incorrectly relying on specific restrictive language in the existing tidelands grant (AKA Beacon Bay Bill - "BBB") that pertains only to the private residential lots at Beacon Bay when determining permissible rent levels, and it is the NMA's view that any local ordinance relying on or mischaracterizing the BBB cannot be used to justify the inaccurate 3d party appraisal. 
• The NMA pointed out that the City’s own Coastal Land Use Plan actually requires the City to maintain low cost moorings (Policy #3.3.2-3).
• The NMA pointed out that the State Lands Commission, the watchdog for all state tidelands, allows for affordable mooring rates and has used better methodology in its recent mooring rate benchmark study (AKA The Tomalas Bay Benchmark Study).
• The NMA and others argued that the existing long term fee structure, which includes inflation increases should remain in place. We believe the city has no obligation to adjust the current fee structure. The City’s Tideland Trust Fund contained $37 million at the end of last year. Therefore, there is no need for a discretionary increase in mooring fee structure at this time.
• The NMA Will be posting more information as we develop it.  

In closing, the shore moorings are the last affordable place to keep a small boat in Newport Harbor. We believe any significant fee increase will knock many small boat owners out of Newport Harbor and out of boating. We plan to fight vigorously to maintain affordable boating in Newport Harbor. 

Please join us in the fight!  See how to donate below:

The Newport Harbormaster Commission is currently considering a 2, 3, or even a 5 times rate increase for shore moorings.

The NMA considers a large rate increase for shore moorings to be a Tax on Boating, since the cost to administer the area used by shore moorings is less than the current rates being changed.  

Because the City may not discriminate in rates changed for similar uses of the tidelands, the NMA is concerned that a similar increase may be passed on the homeowners with docks, yacht clubs, marinas, and off shore moorings for their use of the tidelands. 

While the Harbor Commission is saying they have no current plans to increases the other rates, we at the NMA cannot see how they can raise rates for one group and not for others using the same body of water.  

We are urging all boaters who want to keep boating affordable in Newport Harbor to send emails to oppose the current rate increases which would double, triple, or even increase the current rates by 5 times or more the current rates.

Please send your opposition to increases to shore moorings rates to all the email addresses shown in the flyer.

For comments and questions please contact the NMA at Mail@YourNMA.com.

Thank you again for your concern.

Your NMA

P.S. Contributions to the NMA are always appreciated  

Dear NMA Members,

Per the Harbor Master, Paul Blank, the special Harbor Commission meeting on Onshore Mooring Rental Rates is scheduled for 5 pm, Monday, March 21, 2022. The meeting will take place at Marina Park in the second-floor meeting rooms. The address is 1600 W Balboa Blvd, Newport Beach, CA 92663. Please put it on your calendars – we will share more information shortly.

Thanks for your support!