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HomeMy WebLinkAbout2010-26 - Amending Section 17.01.030 of Chapter 17.01, Section 17.40.020 of Chapter 17.40 and Section 17.60.040 of Chapter 17.60 of Title 17 of the Newport Beach Municipal Code Pertaining to Mooring PermitsORDINANCE NO. 2010-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 17.01.030 OF CHAPTER 17.01, SECTION 17.40.020 OF CHAPTER 17.40 AND SECTION 17.60.040 OF CHAPTER 17.60 OF TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MOORING PERMITS The City Council of the City of Newport Beach finds that: 1. The Management and Stewardship of Newport Harbor has been granted under Tidelands Trust Legislation by the State of California. Vessel moorings on the City Tidelands are intended to provide a lower -cost alternative to boat slips in Newport Harbor and to provide boating accessibility to a larger segment of the population. Historically, starting from the 1930's, mooring transferability was limited under the Municipal Code to allow an individual mooring permit holder to convey the existing mooring hardware, and to transfer the mooring permit to another individual only in conjunction with the sale of the vessel assigned to the mooring. 2. When this system was developed, demand for moorings was minimal. Initially, an individual could request permission to install privately owned mooring equipment and would be assigned a location and a mooring number. Over the next thirty years when the designated mooring areas were filled, an informal wait list was established. However, as the demand increased over several decades, a significant value was associated with possession of a mooring permit that was far in excess of the value of the mooring hardware. As the value of the permit increased, the ability to acquire a permit from the wait list decreased significantly. 3. When there is great demand for moorings, a value is associated with a mooring permit well in excess of the annual permit fees. This value may be inappropriate in light of the California Constitution's prohibition against the gifting of public funds or assets as set forth in Article XVI, Section 6 of the state Constitution. This amendment to the mooring permit and transferability provisions of Title 17 provides for a revised and short-term process begins to bring the City's administration of moorings into compliance with Article XVI, Section 6. It also identifies fees, rents and charges that provide revenue which can assist in funding Harbor maintenance and dredging projects and Harbor amenities. NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: SECTION 1: Section 17.01.030 of Chapter 17.01 of the Newport Beach Municipal Code is hereby amended to add Section 17.01.030(A) (4) as follows: 17.01.030 Definition of Terms. A. Definitions: A. 4. Assigned Vessel. The term "Assigned Vessel" shall mean a vessel lawfully registered, owned or documented to a Permittee to occupy a designated mooring or berthing location in Newport Harbor. SECTION 2: Section 17.01.030 of Chapter 17.01 of the Newport Beach Municipal Code is hereby amended to add Section 17.01.030(J) (15) as follows: J. Definitions: M. 15. Multiple Vessel Mooring System. The term "Multiple Vessel Mooring System" shall mean a floating platform secured to a single point mooring only which allows multiple vessels to be secured that are shorter in overall length than the side of the platform to which the vessels are to be moored. SECTION 3: Section 17.01.030 of Chapter 17.01 of the Newport Beach Municipal Code is hereby amended to add Section 17.01.030(0) (11) as follows: O. Definitions: S. 4. Sub - Permits. a. Sub - Permits - Long Term. The term "Long Term Sub - Permit" shall be defined as those mooring sub - permits issued by the City for the temporary use of a Deemed Vacant or a Noticed Vacant mooring for a period of between one (1) month -to- twelve (12) months. b. Sub - Permit - Short Term. The term "Short Term Sub - Permit" shall be defined as those mooring sub - permits issued by the City for a temporary use of a Deemed Vacant or Noticed Vacant mooring for any period of time less than thirty (30) days as determined by the Harbor Resources Manager. SECTION 4: Section 17.40.020 of Chapter 17.40 of Newport Beach Municipal Code is hereby amended in its entirety to read as follows: 17.40.020 Live - Aboards Prohibited. A. Live - aboards shall not be permitted at piers that are bay ward of 1A08 -001361- Mooring Admin Ord - CL-an - 12.20.10- Chip's Typos residentially zoned areas. No person shall live- aboard any vessel on an onshore mooring. (Ord. 2008 -2 § 1 (part), 2008) B. Live - aboards are prohibited on moorings subject to long -term mooring sub - permits as noted in Section 17.60.040(G). C. Live - aboards may be permitted on moorings subject to short term sub - permits according to Section 17.60.040(G). SECTION 5: Section 17.60.040 of Chapter 17.60 of Newport Beach Municipal Code is hereby amended in its entirety to read as follows: 17.60.040 Mooring Permits. A. Permit Required. No person shall place, erect, construct, maintain, use or tie to a mooring in the waters of Newport Harbor over City -owned or controlled tidelands without first having obtained a mooring permit from the Harbor Resources Manager or having otherwise complied with this section. A mooring permit is in the nature of license for the temporary use of a specific location within the Newport Harbor. Any work described and authorized in the permit must be completed within the time designated in the permit. B. Issuance of Permit — Conditions. The Harbor Resources Manager, in furtherance of the tideland grants to the City, may issue a mooring permit or mooring sub - permit to allow the Mooring Permittee or Mooring Sub- Permittee to temporarily use a portion of the waters of Newport Harbor for the mooring of a vessel. 1. Exceptions: a. The Balboa Yacht Club and the Newport Harbor Yacht Club (collectively, "Yacht Clubs ") currently hold permits for single point moorings placed within certain mooring area boundaries established by the City, except as noted in Section 3 -f below. In addition, the Lido Isle Community Association ( "LICA ") has permits for on -shore moorings on Lido Isle. These organizations shall hold their respective permits under the Yacht Club, or respective organization name, for the moorings identified by Harbor Resources as under their respective control at the time of enactment of this ordinance. The Yacht Clubs and LICA shall be solely responsible for managing moorings under their control and shall be permitted to assign moorings under their control to Yacht Club members and members of LICA, respectively. The Yacht Clubs and LICA shall keep accurate records of the name and address of the club members and community (A08 -001361- Mooring Admin Ord — Clean — 12.20.10- Chip's Typos association members to which each mooring has been assigned. Mooring records shall be made available for audit by the Harbor Resources Manager during regular business hours upon request. b. Mooring of a Tender. A vessel no longer than fourteen (14') feet in overall length to serve as access to and from the Assigned Vessel, may be secured to the Assigned Vessel or may be secured to the offshore mooring in the absence of the Assigned Vessel. C. Multiple Vessel Mooring System Program. The Harbor Resources Manager may approve multiple vessel mooring system in the mooring areas of Newport Harbor Yacht Club and the Balboa Yacht Club. An application for a multiple vessel mooring system shall be submitted in writing to the Harbor Resources Manager, who shall evaluate the application based upon standards he shall have established. 2. Permit Requirements. Each mooring permit shall be issued to one natural person ( "Mooring Permittee ") who shall be responsible for all activities related to the mooring permit. To the satisfaction of the Harbor Resources Manager, the Mooring Permittee shall: a. Identify on the permit the full legal name, current address, current telephone number and current e-mail address, if one exists, of the Mooring Permittee; b. Agree to be responsible for permit fees, maintenance and repair of mooring equipment; C. Grant permission to the City of Newport Beach to temporarily assign the mooring to another vessel when it is unoccupied through the issuance of a mooring sub - permit; d. Agree to defend and indemnify the City of Newport Beach 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 out of the sole negligence and /or sole misconduct of a person assigned the mooring as a mooring sub - permittee under subsections G and /or H below; e. Provide proof of liability insurance on vessel as determined by the City's Risk Manager, and; (A08- 001361- Mooring Admin. Ord - Clean - 12.20.10- Chip's Typos f. Provide registration or other proof of controlling possessory right in the Assigned Vessel, all to the satisfaction of the Harbor Resources Manager. 3. Permittee/Transferee Qualifications. A mooring permit may be held by, or transferred to, only the following persons: a. A natural person holding title to an Assigned Vessel; b. An executor or administrator carrying out the terms of a will or administering a probated estate that holds title to an Assigned Vessel, but only for the period of time prior to distribution of the estate; C. An inter vivos trust, family trust, or other similar type of trust estate holding title to an Assigned Vessel so long as all trustors are natural persons and the primary Mooring Permittee shall be the trustee of the trust; d. An approved transferee whose vessel and /or mooring permit are subject to any of the terms and conditions stated in 17.60.040(E); e. A marine contractor or marine support service provider, holding title to an Assigned Vessel used to provide current or ongoing harbor infrastructure and marine or fishing services (such as maintenance and dredging) as authorized under the provisions of a Marine Activities Permit; f. Balboa Island Yacht Club for the purposes of youth education in boating and marine activities; Kerckhoff Marine Laboratories for the purpose of marine and oceanographic research; and American Legion Post 291 for the purpose of serving veterans and their families and supplying them with affordable access to boating and harbor activities. g. The Balboa Yacht Club, Newport Harbor Yacht Club and LICA (collectively "Yacht Clubs ") - only for those moorings assigned by the City of Newport Beach within certain established mooring areas or locations, prior to the enactment of this amended ordinance. These designated mooring areas may not be expanded. The boundaries of these mooring areas are graphically depicted by National Oceanographic and Atmospheric Administration ( "NOAA ") Chart Number 18754. Yacht Clubs shall be entitled to a (A08 -00136)- Mooring Admin Ord - Clean - 12.20.10- Chip's Typos maximum number of moorings as can be accommodated in the mooring fields designated in NOAA Chart Number 18754 and at a minimum the current number of moorings assigned to them as of the effective date of this ordinance. C. Plans and Specifications Required. No permit shall be issued for placing, erecting, constructing or maintaining a mooring or buoy unless such mooring or buoy is constructed: 1. In accordance with standard plans and specifications approved by the Harbor Resources Manager and at a location approved by the Harbor Resources Manager; or 2. In accordance with other plans and specifications for such mooring or buoy which have been submitted by the applicant, showing the construction of such proposed mooring or buoy together with the location thereof, and which meet the requirements established in this chapter and which have been approved by the Harbor Resources Manager. D. Unpaid Fees. When the permittee is in arrears for a period of ninety (90) days or more, the Harbor Resources Manager may, at his discretion, revoke the permit upon five (5) days written notice to the permittee by first class mail to the address shown on the permit. If the mooring is not removed by the permittee within thirty (30) days after cancellation of the permit, then it shall be deemed abandoned and the title thereto shall vest in the City. Mooring Permittee may apply for reimbursement for the value of the mooring equipment pursuant to subsection M below. E. Transfer of Permit. No Mooring Permittee shall transfer a permit for a mooring or buoy granted under the provisions of this chapter, except, 1. When transferred from a natural person to another member of his or her immediate family along with the Assigned Vessel, which shall be defined for the purposes of this section as the Mooring Permittee's spouse and heirs at law to the second degree of consanguinity; or 2. When a natural person has taken title to an Assigned Vessel already on a mooring, the mooring will be surrendered to the City for assignment pursuant to the Interest List under subsection M below, or that transferee may, upon request and payment of relevant fees, have up to six (6) months from the date of taking title to remain on the mooring while searching for other accommodations for the vessel. The Harbor Resources Department may accommodate the vessel on another mooring subject to availability for up to the six (6) months. After six (6) months, the Harbor Resources Manager or his or her designee shall direct that the vessel be moved off the mooring and that the mooring be (A08 -001361- Mooring Admin Ord - Clean - 1220.10- Clip's Typos assigned through on the Mooring Interest List; or 3. In cases not reflected in 1 and 2 above, a Mooring Permit may be transferred prior to January 1, 2021 up to two times if the Mooring Permittee intends to sell or otherwise transfer, or has sold or transferred, ownership of the Assigned Vessel and does not intend to replace the Assigned Vessel with another vessel owned by Mooring Permittee. F. Procedures for Transfers: Permits shall not be transferred without the prior written approval of the Harbor Resources Manager. The Harbor Resources Manager shall approve the transfer of a mooring permit under the procedures set out below: 1. The Mooring Permittee (or, if the Permittee is deceased or incapacitated, the transferee) shall submit to the Harbor Resources Manager: a. A completed mooring transfer form (on the form provided by the Harbor Resources Manager); and b. Documentation that the proposed new Mooring Permittee (Transferee) qualifies as a Mooring Permittee under section B (3) above. 2. If transferee intends to purchase an Assigned Vessel but does not have title on the Assigned Vessel owned by the Mooring Permittee and transferor at the time of transfer, then: a. Within sixty (60) days of a transfer, transferee shall submit to Harbor Resources Manager a copy of a California Department of Motor Vehicles registration or other current registration (or in lieu thereof, U.S. Coast Guard documentation of ownership) documenting transferee's ownership of the Assigned Vessel, or in the case of a shore mooring, a photograph of the Assigned Vessel if it is not subject to vessel registration laws; or b. If such documentation is not received by the Harbor Resources Manager within the sixty (60) day period, then the mooring may be deemed vacant and may be assigned pursuant to sub - sections G and H below. If the documentation is not received within an additional sixty (60) days, the mooring shall revert back to the City for assignment through the Interest List as set out in subsection M below. [A08- 001361- Mooring Admin Ord - Clean - 12.20.10- Chip's Typos 3. If Transferee intends to moor a vessel other than the Assigned Vessel and does not have title to the vessel that will be moored at the time of transfer, then: a. Within sixty (60) days of an approved transfer the transferee shall notify Harbor Resources Manager that the Assigned Vessel has been removed from the mooring and before a new vessel may be placed on the mooring shall submit to Harbor Resources Manager a copy of a California Department of Motor Vehicles registration or other current registration (or in lieu thereof, U.S. Coast Guard documentation of ownership) documenting transferee's ownership of the new Assigned Vessel, or in the case of a shore mooring, a photograph of the new Assigned Vessel if it is not subject to vessel registration laws; or b. If the documentation is not received within 60 days of a transfer, the mooring may be deemed vacant and may be assigned pursuant to subsection G and H below. If the documentation is not received within an additional sixty (60) days, the mooring shall revert back to the City for assignment through the Interest List as set out in subsection M below. 4. The transfer request shall be denied unless Mooring Permit fees are paid current; required mooring inspections are current; required maintenance and repairs are complete and there are no derelict or unauthorized vessel(s) on the mooring. 5. The Mooring Permittee and transferee shall provide a written agreement to defend and indemnify the City of Newport Beach in any dispute with a third party over transferee's right to be the Mooring Permittee or in any dispute with a third party over the Mooring Permittee's right to transfer the permit. 6. Transfer Approval. Upon confirmation of compliance with this subsection, the Harbor Resources Manager must find all of the following conditions to approve the transfer of a mooring permit: a. The Mooring Permittee no longer owns the Assigned Vessel or has retained ownership of the Assigned Vessel and has permanently vacated the mooring; b. The specific mooring location has not been previously transferred more than one (1) time between the effective date of this ordinance and December 31, 2020; IA08- 00136)- Mooring Admin Ord - Clean - 12.20.10- Chip's Typos G. The transferee has met all the qualifications and conditions for issuance of a permit in subsection B above. 7. The Harbor Resources Manager may approve a one for one exchange of moorings between two Mooring Permittees, subject to compliance with this subsection without any transfer fee imposed by the City. 8. The Harbor Resources Manager may approve the changing of an Assigned Vessel on the permit, subject to the requirements of Section B above, without any transfer fee imposed by the City. G. City's Authority to Assign Moorings through Use of Sub - Permits. With the exception of the Balboa Yacht Club, the Newport Harbor Yacht Club, and the Lido Isle Community Association's designated moorings, Mooring Permittee may not rent, assign, or transfer the use of the mooring to any other person. With the exception of moorings issued to Mooring Permittees described in Section B (3) (e), City shall have the authority to assign vacant moorings to sub - permittees pursuant to the following provisions: which: Deemed Vacant Moorings. City may assign Deemed Vacant Moorings through the issuance of long term sub - permits at its own discretion for any period of time up to one (1) year. Long term sub - permits may be renewed upon availability. The Mooring Permittee may reclaim its mooring upon thirty (30) days prior written notice to City of its intent to return the Assigned Vessel to the mooring. A "Deemed Vacant Mooring" shall be defined as a mooring upon a. An Assigned Vessel has not been attached for thirty (30) consecutive days or more; or A vessel, other than an Assigned Vessel, has been attached for thirty (30) days or more; or C. Required documentation for an Assigned Vessel has not been provided for a transfer request pursuant to Section E above. 2. Noticed Vacant Moorings: City may assign Noticed Vacant Moorings at its own discretion through the issuance of a mooring sub - permit for any period of time, either long or short term, up to the reoccupation date on Mooring Permittee's written notice, or the [A08- 00136]- Mooring Admin Ord - Clean - 12.20.10- Chip's Typos twenty -four (24) hour written notice per subsection (b) below. If the mooring continues to be vacant for thirty (30) days past the reoccupation date indicated on Mooring Permittee's notice, and there is no further written notice from Mooring Permittee, the mooring shall become a Deemed Vacant Mooring. a. Mooring Permittee may provide written notice to City of its intent to vacate its mooring for fifteen (15) days or more. These moorings shall be "Noticed Vacant Moorings." Written notice shall include the date the Mooring Permittee intends to vacate his /her mooring, and the date he /she intends to reoccupy the mooring with the Assigned Vessel. b. If Mooring Permittee provides notice, the Mooring Permittee may reclaim the assigned mooring on the reoccupation date indicated in his /her written notice, or, if the Mooring Permittee r returns prior to or after the reoccupation date, upon twenty -four (24) hours written notice to the City. H. Procedures for Mooring Sub - Permit Issuance. Any natural person wishing to use a mooring pursuant to the issuance of a sub - permit must enter into a written mooring sub - permit agreement with the Harbor Resources Department that includes the following: 1. A written representation of the current gross vessel weight which shall be satisfactory to the Harbor Resources Manager. 2. An agreement to be responsible for any damage to mooring equipment, to defend and indemnify the City of Newport Beach and the Mooring Permittee against any claims or losses arising out of, or related to the mooring rental, and that requires the mooring sub - permittee to provide proof of liability and marine pollution insurance, registration or other proof of ownership, and an equipment damage deposit, all to the satisfaction of the Harbor Resources Manager. 3. The repair of any damage to the mooring equipment shall be paid by the mooring sub - permittee. 4. Mooring sub - permittees shall provide approved mooring lines which shall be removed at the end of the rental period. 5. A mooring sub - permit agreement is renewable based on availability. Upon return of the Assigned Vessel to the mooring, the Harbor Resources Department will attempt to reassign the sub - permittee to another mooring. Mooring sub- permittees have no right of renewal or substitute moorings upon return of the Assigned (A08 -001361- Mooring Admin Ord - Clean - 12.20.10- Chip's Typos Vessel, or upon termination of a mooring sub - permit agreement for any reason. Mooring sub - permittees accept an indefinite term at their own risk. 6. The sub - permit fee will be based on a rate established by the Newport Beach City Council and delineated in the Master Fee Schedule Resolution. 7. Live - aboards are not permitted on moorings subject to long term mooring sub - permits. Live - aboards may be temporarily permitted on moorings subject to short-term sub - permits pending vessel inspection and subsequent re- inspection per each short-term sub - permit renewal. 8. Short term sub - permit renewals are not guaranteed and are subject to availability. 9. Mooring sub - permits that are available for thirty (30) days or more shall be first offered to persons on the Interest List, as defined below, as a priority. Non - acceptance of such mooring assignments shall not cause such persons to lose their position on the Interest List. 10. Mooring sub - permits that are available for less than a thirty (30) day period shall be offered to the public on a first -come, first -serve basis. 11. A mooring may be loaned free of charge by the Mooring Permittee to a vessel other than the Assigned Vessel for no more than thirty (30) consecutive days provided that: 1) The Mooring Permittee provides the Harbor Resources Manager with written notice identifying the vessel that will use the mooring; 2) The Mooring Permittee has not loaned the mooring for more than sixty (60) days in the twelve (12) month period that immediately precedes the commencement of the current mooring loan; and 3) The vessel owner requesting a loan has not previously been the recipient of loans for more than ninety (90) days in the previous twelve (12) months. I. Mooring Interest List 1. The Mooring Interest List ('Interest List ") is the list or lists of natural persons as of the date of the adoption of this ordinance, who wish to obtain a mooring permit as permits revert to the City or who wish to be assigned a mooring on a long term basis from the City through the issuance of a mooring permit or mooring sub - permit. [A08- 00136]- Mooring Admin Ord - Clean - 12.20.10- Chip's Typos On and after the effective date of this ordinance, the Interest List(s) shall be maintained for natural persons interested in securing a mooring permit, or being temporarily assigned the use of a Deemed Vacant or a Noticed Vacant Mooring. 2. Any person wishing to be added to the Interest List must do so by completing a written application and paying a fee to be established by resolution of the City Council. Any person may be removed from the Interest List by producing a written signed notice to the Harbor Resources Manager at any time, requesting to be removed from the Interest List. 3. Each even numbered calendar year, the City shall send one notice to all persons on the Interest List requesting confirmation of continued interest and /or updating of contact information. If there is no response to the thirty (30) day notice along with payment of the administrative fee referenced in 1 (4) below, then the person shall be removed from the Interest List. 4. Each person on the Interest List is responsible to keep the City informed of any changes to his or her mailing address or other contact information and must pay a fee for the administrative costs to maintain the Interest List to be established by resolution of the City Council. Nonpayment of such fee shall cause the person to be removed from the Interest List. 5. Persons on the Interest List will be notified of revoked mooring permit or mooring sub - permit or, surrendered or abandoned moorings and given the opportunity to receive a mooring permit or sub - permit. J. Mooring Permit Transfer Charge. The City shall charge the Mooring Permittee for the right to transfer a mooring permit under section E above in an amount equal to fifty percent (50 %) of the annual permit fee as determined by the Master Fee Schedule. A mooring permit transfer charge shall not be required if: 1. The transfer is from the Mooring Permittee to the same Mooring Permittee as trustor of an inter vivos trust, living trust or other similar estate planning tool; or 2. The transfer is made under Section 17.60.040(E) (7) and (8). K. Surrendered Mooring Equipment. If the Mooring Permittee sells, transfers, or otherwise no longer owns the Assigned Vessel and does not [A08- 00136]- Mooring Admin Ord -Clean - 12.20.10 - Chip's Typos intend to apply for, or does not receive approval to transfer the Permit to another, the Permittee may provide written notice to the Harbor Resources Department of his or her intent to surrender the mooring permit, otherwise the provisions of Section F regarding a vacant mooring shall apply. Once a mooring permit is surrendered, the Mooring permittee shall remove the Assigned Vessel and /or the mooring equipment thirty (30) days after written notice of surrender of the Permit, or, upon failure to remove the mooring equipment, title shall vest in the City and the City shall compensate Mooring Permittee the fair value for the mooring equipment, less fees owed, as provided in subsection M below. L. Revocation of Permit. 1. Grounds for Revocation. A Mooring Permit or sub - permit may be revoked upon any of the following grounds set forth in Section 17.70.020 or for any of the following: a. The moored vessel, or the mooring equipment has been determined to violate the applicable Mooring Regulations in Section 17.25.020, and the Mooring Permittee or Sub - permittee has not made the necessary corrections or repairs within the time required; C. The mooring Permittee has failed or refused to allow an inspection of the vessel to determine if it is seaworthy and operable, a public nuisance or in compliance with applicable marine sanitation device requirements; d. Living aboard a vessel assigned to a mooring without a live - aboard permit unless otherwise noted in Section 17.60.040(G). 2. Notice and Hearing. In the event the Harbor Resources Manager determines there are grounds to revoke a permit issued pursuant to this chapter, the Harbor Resources Manager shall proceed in the manner described by Section 17.70.020. 3. Upon revocation, it shall be the duty of the Mooring Permittee to immediately remove the mooring equipment and any moored vessel. If not removed within thirty (30) days of revocation of the Permit, the mooring equipment shall vest in the City and may be auctioned by the City to another person or may be removed by the Harbor Resources Manager and the cost of mooring equipment removal shall be paid by the Mooring Permittee. Any moored vessel or equipment not removed within thirty (30) days may be IA08 -001361- Mooring Admin Ord - Clean - 12.20.10- Chip's Typos impounded by the City and disposed of in the manner provided by law. City incurred costs of removal of mooring equipment or any vessel moored thereto may be charged against the Permittee and collected in any court of competent jurisdiction or recovered by the City from the proceeds of sale of the vessel or mooring equipment. 4. During any revocation proceeding under this Section L, if the mooring is unoccupied, it may be temporarily assigned as a mooring for guest vessels by the Harbor Resources Manager. M. Moorings Reverting Back To City: Should a mooring revert back to the City for any reason, whether through abandonment, surrender, failure to provide documents pursuant to subsection E. above, or for any other reason, the following shall apply: 1. The Mooring Permittee shall be entitled to recover all of Mooring Permittee's mooring equipment within thirty (30) days of reversion. 2. If Mooring Permittee does not recover his or her mooring equipment, Mooring Permittee shall be entitled to payment from the City of the fair value of the mooring equipment as depreciated by use in an amount to be determined by the Harbor Resources Manager and as set in the City's Master Fee Resolution. 3. The mooring shall be assigned to an individual form the Interest list pursuant to subsection I above. 4. No mooring that reverts to the City for assignment off of the Interest List, or by any other appropriate procedure, shall have any right to a later assignment by a Mooring Permittee whatsoever. SECTION 5: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 7: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2010, (A08 -00136J- Mooring Admin. Ord - CL-an - 12.20.10- Chip's Typos and adopted on the23rdday of November , 2010, by the following vote, to wit: AYES, COUNCILMEMBERS Selich, Rosansky, Henn, Mayor Curry NOES, COUNCILMEMBERS Gardner, Daigle ABSTAIN, COUNCILMEMBERSwebb' MAYOR APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY s By David R. Hunt, City Attorney ATTEST: CI & V Awr� TY C LERK (A08 -001361- Mooring Admin Ord - Clean - 12.20.10- Chip's Typos. STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH 1 I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2010 -26 was duly and regularly introduced on the 23rd day of November, 2010, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 14th day of December, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Mayor Curry Noes: Gardner, Daigle Absent: None Abstain: Webb IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of December, 2010. City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2010 -26 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: Introduced Ordinance: November 27, 2010 Adopted Ordinance: December 18, 2010 In witness whereof, I have hereunto subscribed my name this I V day of 2930.291! am- I. 6K�:� City Clerk City of Newport Beach, California