HomeMy WebLinkAbout08 - Mooring Sub-Permit FeesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No.
January 11, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Chris Miller, Harbor Resources Manager
949 - 644 -3043 or cmiller @newportbeachca.gov
SUBJECT: MOORING SUB - PERMIT FEES: RESOLUTION 2011--RELATING TO
ADOPTING MOORING SUB - PERMIT FEES
ISSUE
Implement mooring sub - permit fees as recommended by the County Board of Supervisors.
Adopt Resolution 2011 -_ establishing mooring sub - permit fees as recommended by the
County Board of Supervisors effective immediately.
DISCUSSION
Newport Harbor is home to about 800 off -shore and about 400 on -shore moorings. Because
the City does not require that each permittee keep a boat on their respective mooring, many of
the moorings are vacant for long periods of time. In addition, there are many permittees who
take cruises from a couple of days to several weeks or months away from Newport Harbor.
Therefore, at any given time, there are generally between 50 -100 vacant moorings available for
visitors or to local boaters who may need a temporary place to store their boat. Per the NBMC,
the City is allowed to sub - permit (formerly known as rent) a permittee's mooring.
Historically, under the previous agreements with the Harbor Patrol to manage the City's
moorings, the County had collected the daily mooring sub - permit fees which had been at $5
since 1978. However, on June 29, 2010, the City executed a new Cooperative Agreement with
County of Orange which stipulates that: 1) The County will set the guest mooring fees, and the
City will adopt those fees; 2) The County will collect those fees; and 3) The County will remit
100% of those fees generated over City Tidelands back to the City. (See excerpt of cooperative
agreement below.)
A. Establishment of Guest Mooring Fees. County shall establish fees for
transient guest use of moorings over County tidelands in Newport Harbor as
part of the OC Parks Fee Schedule. County shall recommend fees for transient
guest use of moorings over City Tidelands in Newport Harbor as part of the OC
Parks Fes Schedule. City shall adopt fees for transient guest use of moorings
over City Tidelands and include such fees in its adopted fee schedule.
Mooring Sub - Permit Fees
January 11, 2011
Page 2
B. Collection of Guest Mooring Fees. County shall collect all Guest
Mooring Fees for moorings over City and County tidelands in Newport Harbor in
accordance with County payment policies as identified in the County of Orange
Accounting Manual.
C. Disbursement of Guest Mooring Fees.
hundred percent (100 %) of the Guest Mooring
moorings over City Tidelands quarterly in arreal
month following each quarter during the term r
deduct actual fees charged to County for paym
issuers.
County shall remit to City one
Fees collected by County for
>, on or before the end of the
.reof. However, County may
.nt via credit cards from card
Therefore, the County Board of Supervisors approved the new mooring sub - permit fees based
on the recommendation of County staff on December 7, 2010. The County's staff report stated:
Off -shore guest moorings: The number of off -shore guest moorings varies
based upon availability of permanent moorings for transient use; the moorings
can accommodate vessels up to 95 feet in length. The current guest mooring
fee of $5.00 1day was established in 1978. The recommended revised fees are
$15.00 1day November through April and $25 1day May through October. While
the increases are significant, they reflect both the extensive passage of time
since the last fee increase and current market conditions. For example, $5.00
in July 1978 dollars when adjusted for inflation, equate to $17.23 today, an
amount within range of the two revised fees. Additionally, both revised fees are
substantially less than those currently charged at Catalina island, the only other
harbor in Southern California that offers guest moorings with amenities similar
to those in Newport Harbor. Lastly, the revised fees will increase revenues to
partially offset the costs of the mooring management services provided by the
Sheriff's Harbor Patrol in Newport Harbor.
On -shore guest moorings: The number of on -shore guest moorings also varies
based upon availability of permanent moorings for transient use; however, the
moorings can accommodate vessels only up to 18 feet in length. Based on the
size limitation, the current $5.00 1day fee is recommended to increase to
$10.00 /day, effective year round.
In addition, the guest mooring fees shall be adjusted on January 1 each year by
increases in the Consumer Price Index and rounded to the nearest dollar.
As a means of comparison, the off -shore guest mooring fees at Avalon Harbor start at
$26.00 /day (for boats less than 40 feet) and go up to $104 /day (for boats larger than
100 feet).
To summarize, the newly adopted fees for mooring sub - permits recently adopted by the
County are:
On -shore Moorings $10 /day year round
Off -shore Moorings $15 /day November through April (no size limit)
$25 /day May through October (no size limit)
Mooring Sub - Permit Fees
January 11, 2011
Page 3
These fees would be applicable for both short and long term guests as defined in the Municipal
Code.
ENVIRONMENTAL REVIEW
Staff recommends the City Council find this action is not subject to the California Environmental
Quality Act CCEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly.
PUBLIC NOTICE
The agenda item was noticed according to the Ralph M. Brown Act (72 hours in advance of the
public meeting at which the City Council considers the item).
Prepared by:
lix-2 FI0Q
Ch is Miller
Harbor Resources Manager
Attachments: A — Vicinity Map — Off -Shore Mooring
B — Resolution 2011- _ Relating to
Submitted by:
Director
Sub - Permit Mooring Fees
Exhibit A
Vicinity Map - Off -Shore Moorings Fields
+ F
Mooring Sub - Permit Fees
January 11, 2011
Page 4
4
5
1
1
RESOLUTION 2011-
A RESOLUTION OF
OF THE CITY OF
RELATING TO ADOPTING
FEES
THE CITY COUNCIL
NEWPORT BEACH
MOORING SUB - PERMIT
WHEREAS, Newport Harbor is home to about 800 off -shore and 400 on -shore moorings;
and
WHEREAS, at any given time, there are approximately 50 -100 vacant moorings available
to use as guest moorings (sub - permitting) for short or long term; and
WHEREAS, the County, under previous Cooperative Agreements, had collected and
retained the guest mooring fees over City Tidelands; and
WHEREAS, the City entered into a Cooperative Agreement in June 2010 with the County
of Orange for the Harbor Patrol's management of the City's mooring fields; and
WHEREAS, the Cooperative Agreement stipulates that:
(1) The County will set the guest mooring fees, and the City will subsequently adopt
those fees.
(2) The County will collect the guest mooring fees.
(3) The County will remit 100% of the guest mooring generated over City Tidelands
back to the City.
WHEREAS, the County Board of Supervisors adopted the following guest mooring fees
on December 7, 2010:
• On -shore moorings: $10 /day year round
• Off -shore moorings: $15 /day November through April (no size limit)
$25 /day May through October (no size limit)
WHEREAS, the County had not adjusted the mooring guest fees since 1978, and that
these fees reflect the extensive passage of time and current market conditions; and
WHEREAS, the County will be adjusting the guest mooring fees on January 1 each year
by increases in the Consumer Price Index and rounded to the nearest dollar.
Now, therefore be it:
RESOLVED by the City Council of the City of Newport Beach that the above recitals are
true and correct and constitute findings that support the action taken herein; and be it also
RESOLVED that the City Council of the City of Newport Beach hereby adopts the guest
mooring (sub - permit) fees as recommended and adopted by the County of Orange; and be it
also
RESOLVED that City Council of the City of Newport Beach will adjust its fees each year
in accordance to the County's rate schedule.
ADOPTED this 11`" day of January, 2011.
MICHAEL HENN
Mayor of Newport Beach
ATTEST:
LEILANI BROWN
City Clerk