HomeMy WebLinkAbout01 - Mooring Permits, Rent & Other Provisions - CorrespondenceReceived After Agenda Printed
Agenda Item No. 1
06 -16 -15 (Special Meeting)
McDonald, Cristal
From: Miller, Chris
Sent: Monday, June 15, 2015 4:36 PM
To: McDonald, Cristal
Subject: FW: Harbor Commission Mooring Recommendations
From: David LaMontagne rmailto:david.lamontagne @ cox.net]
Sent: Monday, June 15, 2015 4:27 PM
To: Dept - City Council
Cc: Miller, Chris
Subject: Harbor Commission Mooring Recommendations
As a mooring holder and stake holder in Newport Harbor, I support the Harbor Commissions recommendations and add
the following points:
Transferability needs to be clarified that it means transfer of the mooring title holder. However it does not restrict the
transfer of a different boat onto the mooring.
Further, I believe moorings should be allowed to be held in multiple names or at least in the name of an entity. Indeec
one responsible party must be required. But the reality is many boats are owned in partnership and this would allow
the mooring title to reflect the accuracy of boat ownership. The requirement of only one permitee is an unnecessarily
burden on the permit holder.
For instance, many boats are USCG documented vessels and when a partner buys into a vessel it is very cumbersome,
costly and time consuming to add another owner to the boat's USCG documentation, therefore many avoid this exercise
and partners simply transfer in and out of ownership by contract but do not re- document the vessel each time. If an
mooring permitee acquires partnership in a documented vessel with the interest in putting his new boat on his mooring
he would be restricted in doing so because the city requires his same name on the USCG documentation. If his partner
was instead allowed on the mooring permit as well then the mooring owner could put his newly acquired boat on the
mooring since the mooring and the documentation title name are the same. The same is true for CA State registration
process, it's just not as cumbersome as the federal registration process.
If the goal is to have the permit holders use their moorings to access our waterways without unnecessary restriction or
burden, which would add to the long term value of the mooring, this would be a step in support of that goal.
Kind regards,
David D. LaMontagne
Founder - VESSEL ASSIST Assn. of America, Inc.
VESSEL ASSIST Newport
BYC Member
BIYC Staff Commodore
USCG Licensed Captain
949/433 -9190
Received After Agenda Printed
June 16, 2015
STATE OF CALIFORNIA Item No. 1 EDMUND G BROWN JR., Governor
CALIFORNIA STATE LANDS COMMISSION
100 Howe Avenue, Suite 100 -South
Sacramento, CA 95825 -8202
SENT VIA ELECTRONIC MAIL
Mayor Selich and Councilmembers
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
,;z J9s
June 16, 2015
JENNIFER LUCCHESI, Executive Officer
(916) 574 -1800 Fax (916) 574 -1810
California Relay Service TO Phone 1- 800 - 735 -2929
from Voice Phone 1 -800- 735 -2922
Contact Phone: (916) 574 -1800
File Ref: G 09 -02
RE: Agenda Item 1. June 16, 2015 City of Newport Beach City Council Meeting
Dear Mayor Selich and Councilmembers:
This correspondence pertains to Agenda Item 1 on the Newport Beach City.
Council (City) June 16, 2015 meeting. As set forth below, the California State Lands
Commission (Commission) staff would appreciate the opportunity to discuss with the
City the proposed modifications to the mooring permit policies and fee structures for
facilities located on legislatively granted tidelands and submerged lands. Commission
staff respectfully request the final decision on this issue be delayed until staff can meet
and discuss the issue with the City.
As the trustee of state tidelands and submerged lands, the City is entrusted with
considerable discretion and a commensurate fiduciary responsibility in determining how
public trust needs may best be met. This discretion operates within the parameters of
the California Constitution, the common law Public Trust. Doctrine, the terms of the
statutory trust grant, and the duties set forth in Public Resources Code section 6009.1
(enclosed). Importantly, the City is entrusted to manage these state owned lands and
resources in trust for the benefit of all Californians without subjugation of statewide
interests to the inclination of local interests and affairs. While the Commission is not
typically involved in day -to -day management operations for legislatively granted public
trust lands, it retains oversight authority to review the management of public trust lands
and assets by local government trustees to ensure consistency with the City's statutory
trust grant and the relevant provisions of the law, including Public Resources Code
section 6009.1 and Article XVI, section 6 of the California Constitution.
In this case, Commission staff seeks more information about the proposed
revisions to mooring facility rent and permit conditions. Specifically, Commission staff
would like to know how the proposed mooring rates relate to the value of the property
and whether those rates reflect fair market rent. Commission staff would also like
further information about potential refunds and the proposed sale of moorings,
including how the City views these actions as consistent with the terms of its legislative
granting statute and the common law Public Trust Doctrine.
The City has a long history of working collaboratively with the Commission to
ensure proper management of its granted public trust lands. Commission staff feels
that open communication on this issue prior to a final action by the City will avoid
potential complications. Commission staff looks forward to continuing to be a helpful
resource to the City. Please do not hesitate to contact me at (916) 574 -1800 if you
have questions or would like additional information.
Sincerely,
V
SHERIPEMBERTON
Chief, External Affairs Division
Enclosure: Public Resources Code section 6009.1
cc: Dave Kiff, City Manager, City of Newport Beach
Michael Torres, Assistant City Attorney
Jennifer Lucchesi, Executive Officer, State Lands Commission
Reid Boggiano, Granted Lands Representative
Sharron Scheiber, Staff Counsel
Page 1 of 2
PUBLIC RESOURCES CODE - PRC
DIVISION 6. PUBLIC LANDS [6001 - 8558] (Division 6 added by Stats. 1941, Ch. 548. )
PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001-
64771 (Part I added by Stats. 1941, Ch. 548. )
CHAPTER 1. General Provisions [6001 - 6009.1] (Chapter I added by Stats. 1941, Ch.. 548. )
The Legislature finds and declares all of the following:
6111.1.
(a) Granted public trust lands remain subject to the supervision of the state and the state retains
its duty to protect the public interest in granted public trust lands.
(b) The state acts both as the truster and the representative of the beneficiaries, who are all of the
people of this state, with regard to public trust lands, and a grantee of public trust lands, including
tidelands and submerged lands, acts as a trustee, with the granted tidelands and submerged lands as
the corpus of the trust.
(c) A grantee may fulfill its fiduciary duties as trustee by determining the application of each of the
following duties, all of which are applicable under common trust principles:
(1) The duty of loyalty.
(2) The duty of care.
(3) The duty of frill disclosure.
(4) The duty to keep clear and adequate records and accounts.
(5) The duty to administer the trust solely in the interest of the beneficiaries.
(6) The duty to act impartially in managing the trust property.
(7) The duty to not use or deal with trust property for the trustee's own profit or for any other purpose
unconnected with the trust, and to not take part in a transaction in which the trustee has an interest adverse to the beneficiaries.
(8) The duty to take reasonable steps under the circumstances to take and keep control of and to
preserve the trust property.
(9) The duty to make the trust property productive under the circumstances and in furtherance of the
purposes of the trust.
(10) The duty to keep the trust property separate from other property not subject to the trust and to see
that the trust property is designated as property of the trust.
(11) The duty to take reasonable steps to enforce claims that are part of the trust property.
(12) The duty to take reasonable steps to defend actions that may result in a loss to the trust.
(13) The duty to not delegate to others the performance of acts that the trustee can reasonably be
required to perform and to not transfer the administration of the trust to a cotrustee. If a trustee has
properly delegated a matter to an agent, the trustee has a duty to exercise direct supervision over the
performance of the delegated matter.
http : / /Ieginfo.legislature.ca.gov/ faces /printCodeSectionWindow.xhtml 0611612015
Page 2 of 2
(d) All duties endowed upon a trustee of state lands shall depend upon the terms of the trust, and if
there is no provision, express or implied, within the terms of the trust, a statute, or a grant, the
trustee's duties shall be interpreted and determined by principles and rules evolved by courts of equity
with respect to common trust principles.
(e) Common trust principles do not nullify an act of the Legislature or modify its duty under the
California Constitution to do all things necessary to execute and administer the public trust.
(Added by Stats. 2012, Ch. 206, Sec. 2. Effective January 1, 2013.)
http : / /Ieginfo.legislature.ca.gov/ faces /printCodeSectionWindow.xlitml 06116 12015