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HomeMy WebLinkAbout11 - Amending the NBMC Pertaining to Raft-Ups, Live-Aboards, On-Shore Moorings, and Other Miscellaneous Provisions - CorrespondenceReceived After Agenda Printed April 12, 2022 Item No. 11 From: Rieff, Kim To: Mulvey. Jennifer Subject: FW: Title 17 changes Date: April 11, 2022 4:30:29 PM From: ATX <theatreatment@yahoo.com> Sent: April 11, 2022 4:18 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Title 17 changes [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear City officials: As a Newport Beach resident , business owner, and avid boat lover, oppose the Harbormasters government overreach pertaining to raft -up restrictions in Title 17. No one wants these changes. We in the boating community & yacht clubs, do not agree with these limiting raft -up proposals. The Harbormaster appears to be power hungry and clearly not from these parts. We are a COMMUNITY! We have had zero issues with noise, damage, or injury in all the years of raft -up gatherings in Newport Harbor way before the Harbor Patrol was established in 2017. The purpose of city government is to make Newport Harbor a place where all its citizens and their guests can have a first amendment right to peaceably assemble in the our harbor, not to restrict raft -up gatherings to an arbitrary number of 7. A limit of 7 vessels per raft -up has no support in the boating community and would only destroy the boating ambiance in the harbor. We Love each other. We enjoy tie ups and gather peacefully. These proposed changes are an unnecessary power grab by a city official who clearly is Not a part of the community. How can there be no appeal process? This is a clear violation of the 'due process' clause found in our 14th Amendment. For many many years we've had the Sherriff's department managing the Harbor and passing by our raft -up gatherings with a wave, smiles and clearly validating our fun. Now we have this Gustapo of "code enforcement" city employees who are looking for any minor violation of title 17, harassing the boating public and ruining the friendly ambiance of Newport Harbor. For example: A permit submitted 30 days prior, to ask permission from the harbor department for a gathering on 3 boats is a waste of time and money on both the individuals and governments parts. A more reasonable and workable alternative is to require a permit for over 5 or more boats. However a large tie up should still be allowed as long as the peace is kept and no illegal or outrageous activity occurs. I appreciate and support the government and expect my elected and government paid officials to do what's best for the local community. That would be to encourage COMMUNITY. Thank you for your time and energy. Having been a LACO employee I know it's a thankless job, but I do have faith in you and your good intentions. I'm sure you will make the best decision for the newport community. Warmly, Arolyn Burns -PCC, LMFT The A Treatment Center www.TheATreatment.com Located in Pasadena and Newport Beach Call for a free 15 minute phone consultation now! (833) 426-0303 Check out our YELP reviews: http://www.yelp.com/biz/the-a-treatment-center-pasadena Honored to be the recipient of the Prestigious Cornelia Funke Award for Exceptional Social Work in LA County 2014. Mirage Building Maintenance April 11, 2022 Received After Agenda Printed April 12, 2022 Item No. 11 As a Newport Beach boat owner, member of Bahia Corinthian Yacht Club. I again vehemently oppose the Harbormasters government overreach pertaining to raft -up restrictions in Title 17. we have exactly zero Newport Beach citizens clamoring for these changes. ZERO.. There is overwhelming support among the boating community, yacht clubs, yacht brokers to vote down these limiting raft -up proposals. The lone voice on these changes is the overreaching Harbormaster. we have had zero issues with noise, damage, or injury in all the years of raft -up gatherings in Newport Harbor way before the Harbor Patrol was established in 2017.. The purpose of city government is to make Newport Harbor a place where all its citizens and their guests can have a first amendment right to peaceably assemble in the our harbor, not to restrict raft - up gatherings to an arbitrary number of 7. A limit of 7 vessels per raft -up has no support in the boating community and would only destroy the boating ambiance in the harbor.. These proposed changes are an unnecessary power grab by one lone city official with no appeal process.. A clear violation of the 'due process' clause found in our 14th Amendment. For many years we've had the sherriff's department managing the Harbor and passing by our raft -up gatherings with a wave and a thumbs up. Now we have this cadre of "code enforcement" city employees who are looking for any minor violation of title 17, harassing the boating public and ruining the friendly ambiance of Newport Harbor.. For example: A permit submitted 30 days prior, to ask permission from the harbor department for a gathering on 3 boats is a complete overreaching regulation on its face.. A more reasonable and workable alternative is to require a permit for over 5 or more boats. A more reasonable limit to raft up gatherings would be 20 not 7. If the possibility of noise is an issue a curfew of 9-10 pm could be proposed. Please vote bio on the proposed changes to Title 17. Respctfull Craig Herrm n 1964 Sycamore Trail #4 Las Vegas, Nv 89108 702.222.1007 wk 702.873.0252 fax Received After Agenda Printed April 12, 2022 Item No. 11 From: Rieff, Kim To: Mulvey. Jennifer Subject: FW: Proposed Ordinance No. 2022-9: Amending the Newport Beach Municipal Code Pertaining to Raft -Ups Date: April 12, 2022 7:34:22 AM From: Glenn Pierce <gpierce@gkparchitects.com> Sent: April 12, 2022 5:45 AM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Proposed Ordinance No. 2022-9: Amending the Newport Beach Municipal Code Pertaining to Raft -Ups [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Members of the Newport Beach City Council - Please accept this letter expressing my strong opposition to certain provisions of proposed Ordinance No. 2022-9. Specifically, the portions dealing with "Raft -ups". As a boat owner with a slip in Newport Harbor, I regularly enjoy the company of other boaters while rafted up in the anchorages of Newport Harbor. As boaters, we tend to be independent and self- sufficient which is one of the reasons I find the Harbor Commission's proposal for control of this activity to be shocking, if not illegal. The claim by the Commission and Harbormaster, Paul Blank, that limiting the number of vessels allowed to raft together somehow ,"....supports efforts to keep Newport Harbor clean, safe and well -enjoyed by all." is, at best, laughable. The fact that the ordinance was added to the Council's March 22 meeting as a consent item proves that the proposal would not be well received by the boating community. Mr. Blank's email to the Commission dated April 5 states that five meetings were held to discuss and, presumably, hear public comment on the proposed ordinance. He further states that, "the proposed changes had a full, robust and complete public hearing at the February 9, 2022 Harbor Commission Meeting". I know of no boat owners that were notified, contacted for input, or even heard about these hearings. The Harbor Department certainly knows the boats that regularly raft up as they make a habit of documenting our boat names with their phones and tablets (adding to our enjoyment). I request that all portions of the proposed ordinance dealing with raft ups be stricken from the proposal. Anticipating that this will not occur, I offer the following for your consideration: 1. As boat owners, the safety of our passengers is paramount and protection of our investment has a high priority. Incidents at raft ups involving safety at any of the raft ups I've attended are non-existent. It makes no difference whether there are 2 boats tied together or 20 boats tied together. Any inherent dangers associated with boating are present no matter the number of vessels and, as boat captains, we diligently keep an eye out for the safety of our passengers. 2. The limit of 7 boats proposed to be allowed to raft up is arbitrary and based on no statistical data. Should the ordinance move forward, this number should be left indefinite, limited only by the ability of the rafted vessels to stay within the defined anchorage areas, be adequately secured by the number of anchors needed to stabilize the rafted group, and pose no obstruction to navigation channels. 3. Requiring permits to be applied for 30 days in advance is unreasonable. It is common, on a beautiful day, for boaters to spontaneously join together for day or overnight raft ups. Why should it require 30 days for the Harbor Department to decide whether an applicant is worthy of a raft -up permit? Permits were available within hours when the Orange County Sheriff's Office controlled permits. If Council is going to allow the Harbor Department to control this activity in any form, availability to obtain a permit should be more in keeping with the realities of boating such as he ability to obtain a permit immediately, and on weekends when most boating activities occur. 4. Further define the Harbor Department's and Harbor Master's limitations and authority. As proposed, the ordinance gives a dictatorial authority to the Harbor Master with no recourse for appeal. This is perhaps the most concerning part of the ordinance. Allowing an appointed official to arbitrarily decide what is acceptable or not, without question or recourse, goes against everything this country was founded upon. I find it disappointing, though not surprising, that an individual or commission would propose such authority for themselves, but I find it deeply concerning that Council would even entertain granting this type of authority to an individual. As written, the Harbor Master could rescind a permit for any reason he chooses, be it his disapproval of the flags flown, the music played, or any other arbitrary dislike. Failure to obey his orders to disperse would be met with fines which would be unappealable. As a boat owner who spends a good portion of his life in Newport Beach and feels that Newport Harbor offers some the finest boating opportunities on the west coast, I ask that Council pays serious attention to this ordinance and the proposed changes to Title 17. The language sets a precedent for governmental overreach and uncontrolled authority which is not in the interest of the public. Respectfully, Glenn K Pierce 3 Overture Aliso Viejo, CA 92656 949.632.3532 gpierce(@gkoarchitects.com Received After Agenda Printed April 12, 2022 Item No. 11 From: Rieff, Kim To: Mulvey, Jennifer Subject: FW: Preserve our raft ups Date: April 12, 2022 8:00:12 AM From: Ashley Rose Galli <beautifulforever1234@yahoo.com> Sent: April 12, 2022 7:59 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Preserve our raft ups [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Council Member: The happiness we find as a community is so important. These boat tie ups are what make Newport beach special and unique. Please dont infringe upon what makes us feel just a bit of happiness in our hearts. I appreciate you listening. Any questions please call Ashley Rose Galli 9492002318. As a Newport Beach resident, business owner, and boat owner, I again vehemently oppose the Harbormasters government overreach pertaining to raft -up restrictions in Title 17. We have exactly zero Newport Beach citizens clamoring for these changes. ZERO.. There is overwhelming support in among the boating community to vote down these limiting raft -up proposals. The Ione voice on these changes is the overreaching Harbormaster. We have had zero issues with noise, damage, or injury in all the years of raft -up gatherings in Newport Harbor way before the Harbor Patrol was established in 2017.. The purpose of city government is to make Newport Harbor a place where all its citizens and their guests can have a first amendment right to peaceably assemble in the our Harbor, not to restrict Raft -Up gatherings to an arbitrary number of 7. A limit of 7 vessels per raft -up has no support in the boating community and would only destroy the boating ambiance in the harbor.. These proposed changes are an unnecessary power grab by one Ione city official with no appeal process.. A clear violation of the 'due process' clause found in our 14th Amendment. For many many years we've had the Sherriff's department managing the Harbor and passing by our raft -up gatherings with a wave and a thumbs up. Now we have this cadre of "code enforcement" city employees who are looking for any minor violation of title 17, harassing the boating public and ruining the friendly ambiance of Newport Harbor.. A permit submitted 30 days prior to ask permission from the harbor department for a gathering on 3 boats is a complete overreaching regulation on its face.. A more reasonable and workable alternative is to require a permit for 5 or more boats. A more reasonable limit to raft up gatherings would be 20 not 7. Please vote no on the proposed changes to Title 17. Thank you, ASHLEY ROSE GALLI 9492002318 Sent from Yahoo Mail on Android Received After Agenda Printed April 12, 2022 Item No. 11 From: Rieff, Kim To: Mulvey. Jennifer Subject: FW: Raft -up changes to title 17 Date: April 12, 2022 9:09:03 AM From: Dawn Pierce <dmkpierce@gmail.com> Sent: April 12, 2022 9:08 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Raft -up changes to title 17 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Members of the Newport Beach City Council - Please accept this letter expressing my strong opposition to certain provisions of proposed Ordinance No. 2022-9. Specifically, the portions dealing with "Raft -ups". As a boat owner with a slip in Newport Harbor, I regularly enjoy the company of other boaters while rafting up in the anchorages of Newport Harbor. As boaters, we tend to be independent and self- sufficient which is one of the reasons I find the Harbor Commission's proposal for control of this activity to be shocking, if not illegal. The claim by the Commission and Harbormaster, Paul Blank, that limiting the number of vessels allowed to raft together somehow ,"....supports efforts to keep Newport Harbor clean, safe and well -enjoyed by all." is, at best, laughable. The fact that the ordinance was added to the Council's March 22 meeting as a consent item proves that the proposal would not be well received by the boating community. Mr. Blank's email to the Commission dated April 5 states that five meetings were held to discuss and, presumably, hear public comment on the proposed ordinance. He further states that, "the proposed changes had a full, robust and complete public hearing at the February 9, 2022 Harbor Commission Meeting". I know of no boat owners that were notified, contacted for input, or even heard about these hearings. The Harbor Department certainly knows the boats that regularly raft up as they make a habit of documenting our boat names with their phones and tablets (adding to our enjoyment). I request that all portions of the proposed ordinance dealing with raft ups be stricken from the proposal. Anticipating that this will not occur, I offer the following for your consideration: 1. As boat owners, the safety of our passengers is paramount and protection of our investment has a high priority. Incidents at raft ups involving safety at any of the raft ups I've attended are non-existent. It makes no difference whether there are 2 boats tied together or 20 boats tied together. Any inherent dangers associated with boating are present no matter the number of vessels and, as boat captains, we diligently keep an eye out for the safety of our passengers. 2. The limit of 7 boats proposed to be allowed to raft up is arbitrary and based on no statistical data. Should the ordinance move forward, this number should be left indefinite, limited only by the ability of the rafted vessels to stay within the defined anchorage areas, be adequately secured by the number of anchors needed to stabilize the rafted group, and pose no obstruction to navigation channels. 3. Requiring permits to be applied for 30 days in advance is unreasonable. It is common, on a beautiful day, for boaters to spontaneously join together for day or overnight raft ups. Why should it require 30 days for the Harbor Department to decide whether an applicant is worthy of a raft -up permit? Permits were available within hours when the Orange County Sheriff's Office controlled permits. If Council is going to allow the Harbor Department to control this activity in any form, availability to obtain a permit should be more in keeping with the realities of boating such as he ability to obtain a permit immediately, and on weekends when most boating activities occur. 4. Further define the Harbor Department's and Harbor Master's limitations and authority. As proposed, the ordinance gives a dictatorial authority to the Harbor Master with no recourse for appeal. This is perhaps the most concerning part of the ordinance. Allowing an appointed official to arbitrarily decide what is acceptable or not, without question or recourse, goes against everything this country was founded upon. I find it disappointing, though not surprising, that an individual or commission would propose such authority for themselves, but I find it deeply concerning that Council would even entertain granting this type of authority to an individual. As written, the Harbor Master could rescind a permit for any reason he chooses, be it his disapproval of the flags flown, the music played, or any other arbitrary dislike. Failure to obey his orders to disperse would be met with fines which would be unappealable. As a boat owner who spends a good portion of his life in Newport Beach and feels that Newport Harbor offers some the finest boating opportunities on the west coast, I ask that Council pays serious attention to this ordinance and the proposed changes to Title 17. The language sets a precedent for governmental overreach and uncontrolled authority which is not in the interest of the public. Respectfully, Thanks, Dawn Received After Agenda Printed April 12, 2022 Item No. 11 From: Rieff, Kim To: Mulvey, Jennifer Subject: FW: Vote NO ON Title 17!!!! Date: April 12, 2022 10:00:55 AM From: Emily Carey <emilymcarey6264@gmail.com> Sent: April 12, 2022 10:00 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Vote NO ON Title 17!!!! [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. As a Newport Beach resident, I again vehemently oppose the Harbormasters government overreach pertaining to raft -up restrictions in Title 17. We have exactly zero Newport Beach citizens clamoring for these changes. ZERO.. There is overwhelming support among the boating community, yacht clubs, yacht brokers and to vote down these limiting raft -up proposals. The Ione voice on these changes is the overreaching Harbormaster. We have had zero issues with noise, damage, or injury in all the years of raft -up gatherings in Newport Harbor way before the Harbor Patrol was established in 2017.. The purpose of city government is to make Newport Harbor a place where all its citizens and their guests can have a first amendment right to peaceably assemble in the our harbor, not to restrict raft -up gatherings to an arbitrary number of 7. A limit of 7 vessels per raft -up has no support in the boating community and would only destroy the boating ambiance in the harbor.. These proposed changes are an unnecessary power grab by one Ione city official with no appeal process.. A clear violation of the 'due process' clause found in our 14th Amendment. For many many years we've had the Sherriff's department managing the Harbor and passing by our raft -up gatherings with a wave and a thumbs up. Now we have this cadre of "code enforcement" city employees who are looking for any minor violation of title 17, harassing the boating public and ruining the friendly ambiance of Newport Harbor.. A permit submitted 30 days prior, to ask permission from the harbor department for a gathering on 3 boats is a complete overreaching regulation on its face.. A more reasonable and workable alternative is to require a permit for S or more boats. A more reasonable limit to raft up gatherings would be 20 not 7. 1 am voting no on the proposed changes to Title 17. Regards, Received After Agenda Printed April 12, 2022 Item No. 11 From: Rieff, Kim To: Mulvey, Jennifer Subject: FW: Harbor commission proposed changes Date: April 12, 2022 10:35:35 AM From: Michelle Harris <botrosm@gmail.com> Sent: April 12, 2022 10:26 AM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Harbor commission proposed changes [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Proposed Ordinance No. 2022-9: Amending the Newport Beach Municipal Code Pertaining to Raft - Ups Members of the Newport Beach City Council - Please accept this letter expressing my strong opposition to certain provisions of proposed Ordinance No. 2022-9. Specifically, the portions dealing with "Raft -ups". As a boat owner with a slip in Newport Harbor, I regularly enjoy the company of other boaters while rafted up in the anchorages of Newport Harbor. As boaters, we tend to be independent and self- sufficient which is one of the reasons I find the Harbor Commission's proposal for control of this activity to be shocking, if not illegal. The claim by the Commission and Harbormaster, Paul Blank, that limiting the number of vessels allowed to raft together somehow ,"....supports efforts to keep Newport Harbor clean, safe and well -enjoyed by all." is, at best, laughable. The fact that the ordinance was added to the Council's March 22 meeting as a consent item proves that the proposal would not be well received by the boating community. Mr. Blank's email to the Commission dated April 5 states that five meetings were held to discuss and, presumably, hear public comment on the proposed ordinance. He further states that, "the proposed changes had a full, robust and complete public hearing at the February 9, 2022 Harbor Commission Meeting". I know of no boat owners that were notified, contacted for input, or even heard about these hearings. The Harbor Department certainly knows the boats that regularly raft up as they make a habit of documenting our boat names with their phones and tablets (adding to our enjoyment). I request that all portions of the proposed ordinance dealing with raft ups be stricken from the proposal. Anticipating that this will not occur, I offer the following for your consideration: 1. As boat owners, the safety of our passengers is paramount and protection of our investment has a high priority. Incidents at raft ups involving safety at any of the raft ups I've attended are non-existent. It makes no difference whether there are 2 boats tied together or 20 boats tied together. Any inherent dangers associated with boating are present no matter the number of vessels and, as boat captains, we diligently keep an eye out for the safety of our passengers. 2. The limit of 7 boats proposed to be allowed to raft up is arbitrary and based on no statistical data. Should the ordinance move forward, this number should be left indefinite, limited only by the ability of the rafted vessels to stay within the defined anchorage areas, be adequately secured by the number of anchors needed to stabilize the rafted group, and pose no obstruction to navigation channels. 3. Requiring permits to be applied for 30 days in advance is unreasonable. It is common, on a beautiful day, for boaters to spontaneously join together for day or overnight raft ups. Why should it require 30 days for the Harbor Department to decide whether an applicant is worthy of a raft -up permit? Permits were available within hours when the Orange County Sheriff's Office controlled permits. If Council is going to allow the Harbor Department to control this activity in any form, availability to obtain a permit should be more in keeping with the realities of boating such as he ability to obtain a permit immediately, and on weekends when most boating activities occur. 4. Further define the Harbor Department's and Harbor Master's limitations and authority. As proposed, the ordinance gives a dictatorial authority to the Harbor Master with no recourse for appeal. This is perhaps the most concerning part of the ordinance. Allowing an appointed official to arbitrarily decide what is acceptable or not, without question or recourse, goes against everything this country was founded upon. I find it disappointing, though not surprising, that an individual or commission would propose such authority for themselves, but I find it deeply concerning that Council would even entertain granting this type of authority to an individual. As written, the Harbor Master could rescind a permit for any reason he chooses, be it his disapproval of the flags flown, the music played, or any other arbitrary dislike. Failure to obey his orders to disperse would be met with fines which would be unappealable. As a home owner and boat owner in Newport Beach who spends a good portion of her life in Newport Beach Harbor and feels that Newport Harbor offers some the finest boating opportunities on the west coast, I ask that Council pays serious attention to this ordinance and the proposed changes to Title 17. The language sets a precedent for governmental overreach and uncontrolled authority which is not in the interest of the public. Respectfully, Michelle Harris Received After Agenda Printed April 12, 2022 Mulvey, Jennifer Item No. 11 Subject: FW: Tonight's vote on Title 17 Changes Please Vote No. From: John Botros <botrosi@gmail.com> Sent: April 12, 2022 12:54 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Tonight's vote on Title 17 Changes Please Vote No. [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Members of the Newport Beach City Council, It has recently come to the attention of myself and the broader Newport Beach recreational community that you are considering changes to Title 17. Specifically, Ordinance No. 2022-9: Amending the Newport Beach Municipal Code Pertaining to Raft -Ups, Live-Aboards, On -Shore Moorings, and other Miscellaneous Provisions. I'm writing to you today as a concerned Newport Beach resident of 20 years and a Newport Beach boater of 24 years. As I read the proposed changes (particularly around raft ups), they literally make me nauseous. Raft ups have been a significant part of the Newport Beach boating experience and I have personally been issued hundreds of permits over the last 24 years. As a matter of fact, when permitting changed hands from the OC Sheriff to the Newport Harbor Department, I was the one that created the permit request form for the Harbor Department in 2017 since they were ill prepared to take over their new responsibilities. With that brief intro, I'd like to express my vehement opposition to the proposed changes and frankly, the existence of the Harbor Department entirely. For this letter, I will stick with four specific points. 1. 1 request that the limit of 7 boats proposed in the ordinance be removed. There is no quantitative data supporting this arbitrary number. On the flip side of this coin, I have quantitative numbers supporting removing this restriction. I have first hand data that demonstrates over the last 24 years and no less than 200 permit issues to myself, there has been no fire, no need for paramedics or emergency services support, no reason for Newport Beach Law Enforcement involvement, and no citations issued. Each of these permits had a minimum of 15 boats and pre 2017, we were granted exemptions by the Sheriff Department for 20-25 boats per event. For your consideration, I remind the council that these events are highly regulated by the event coordinators and captains are briefed on safety (I'd be happy to share our pre - even captain's instructions including, a. anchoring protocols to ensure our raft ups don't move, b. vessel locations and arrival times to ensure the safest traversals between boats, c. safety equipment requirements for each vessel, d. stereo volume guidelines to ensure we aren't infringing on the enjoyment of our neighboring residents and vessels, etc, e. dedicated VHF channels for safety, etc. Further, I invite the Harbor Commision, the Harbormaster, or the Council to attend our captain's pre -event, required, Zoom call to understand the lengths we go to for safety and compliance with our permit conditions. With respect to safety, these events have more than enough fire suppression (automatic and manual), they have more than enough first aid capabilities, and dedicated emergency vessels to evacuate an ill or injured participant if necessary (they have never been used). With the exception of a few wet towels and a few lost cell phones, there have been zero issues at these events. With respect to noise, a concern indicated by the Harbormaster, I again would like to demonstrate quantitatively that this is a non -issue. Since 2018 (per the Harbormaster's records) there have been 10 noise complaints from permitted raft ups (13 from unpermitted raft ups). I'd like to see the data behind unique complaints to determine if all the complaints are coming from the same resident. Regardless, if you want to enforce noise, do so. Do not limit raft ups without supporting data. I promise you, one boat at the anchorage can create as much noise pollution as 25 rafted together. 2. 1 request that the council increase the number of boats rafted up to 5 before requiring a permit. First, raft ups are sometimes a spontaneous event driven by weather and participant availability. Having to apply for a permit 30 -days in advance removes this spontaneity and overall enjoyment of the harbor. What ends up happening is we go anchor apart, taking more room in the anchorage and reducing availability for other vessels to enjoy the day. Increasing this number to 5 will make more room for others to enjoy the anchorage. Additionally on this point, it is important to know that the Sheriff Department used to issue permits within hours, sometimes minutes as they understood what it means to maximize the enjoyment of the harbor for recreational boaters. Additionally, I suggest you look into reducing this 30 -day window for more than 5 boats to 7 business days. If the Harbor Department can't handle the volume of 1-2 permits per month, maybe there is another issue that needs to be addressed. 3. Most importantly, we ask that you limit the Harbormaster's authority not increase it. The proposed change includes dictatorial authority for the Harbormaster to issue citations with no appeal process. This is a disgusting overreach of power and a direct violation of the Fourteenth amendment. I challenge the council to produce any other citation or administrative process that does not include due process. I have first hand experience with this. I was fined $2000 dollars for being at raft up while having a different raft up permit on the same day. If it was not for the appeals process (which I won), the Harbormaster's gross disregard for facts and his emotionally driven actions may have stuck. We've already seen his propensity for retribution when challenged. Further, the mere recommendation of this proposal should raise questions about the Harbormaster's fit for his current position. Additionally, giving the Harbormaster sole discretion to revoke a permit at any time, for any reason, is sickening. I know because he revoled my permit for simply visiting another raft up which he deemed to be non-compliant. In conclusion, on behalf of myself and every one of the dozens of boaters I've spoken to in the last two days, we urge you to not approve the changes proposed to Title 17 in tonight's meeting and further, consider easing regulations in the anchorage for all boaters. In fact, I'd like to plant the seed to defund the Harbor Department and reassign the responsibilities to the Sheriff Department. Respectfully, John Botros 1810 W. Balboa Blvd Newport Beach, CA 92663 949-933-2546 botrosi@gmail.com From: Rieff, Kim To: Mulvey, Jennifer Subject: Fwd: Title 17 changes Date: April 12, 2022 2:13:55 PM Sent from my iPhone Begin forwarded message: From: Don and Judy Cole <lagunahouse@me.com> Date: April 12, 2022 at 2:13:04 PM PDT To: Dept - City Council <CityCouncil@newportbeachca.gov> Cc: 'Blank, Paul" <PBlank@newportbeachca.gov> Subject: Title 17 changes [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Honorable Mayor and City Council - We are long time boaters and residents of Newport Beach and completely support the changes that the Harbormaster and Harbor Commission are recommending. Don & Judy Cole Sent from my iPhone From: Rieff, Kim To: Mulvey, Jennifer Subject: FW: Title 17 and Raft -ups discussion Date: April 12, 2022 4:03:15 PM From: Chad Rutan <chad.rutan@rutancorp.com> Sent: April 12, 2022 3:11 PM To: Dept - City Council <CityCouncil@newportbeachca.gov>; Dixon, Diane <ddixon@newportbeachca.gov>; Avery, Brad <bavery@newportbeachca.gov>; Duffield, Duffy <dduffield@newportbeachca.gov>; Muldoon, Kevin <kmuldoon@newportbeachca.gov>; Blom, Noah <NBlom@newportbeachca.gov>; Brenner, Joy <JBrenner@newportbeachca.gov>; O'Neill, William <wonei I I @ newportbeachca.gov> Subject: Title 17 and Raft -ups discussion [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Good Afternoon, Regarding the City Council Meeting tonight, I want to provide my two cents as I may not be able to make the meeting in person. I have read all the items being provided and am disappointed this is an agenda item. It is important that it has made it this far since it has been brought up but my point is why did it have to be turned into an issue to begin with. Newport Harbor is a special place and the ability to do tie-ups has been something those of us that utilize our beautiful harbor, have been doing for literally decades. But it is being brought to your attention due to 23 calls in 4 years? Seriously? With only 10 of those, 2 to 3 a year, being related to permitted events. And it appears they were handled with little challenge in opposition to our harbormasters opinion. With over 9000 boats in our harbor and thousands upon thousands enjoying it every day depending on the time of the year, this seems like a very small and manageable number with current systems in place. Paul Blank, our new Harbormaster, seems a little enthusiastic regarding something that has not been an issue for anyone other than 23 people over 4 years. His assessment stating it has been become challenging in recent years is blatantly false and providing ammunition for yet another government overreach action. The fact that we have to have "a discussion" on this is just silly. But now that it is being discussed, I have a few concerns. After reading all the material provided for tonight, everyone seems to be a little confused. It does not appear everyone is looking at this completely and making assumptions. It does state very clearly that his recommendations are to have an unappealable power when it comes to revoking a permit while the event is going on. This is just wrong. And reducing the number of boats to 3 thus requiring a permit is both time consuming for both the City of Newport and our Citizens. Which brings me to my final point, please show me the hundreds of your constitutes that are complaining about this obviously very concerning issue. Let's be honest, most people don't even know what a "Raft -Up" is. And I would hazard a guess, that a large portion of those that own boats in the harbor aren't familiar with the term or even participate in one. Last time I checked, you represent us and it is your position to address our concerns and not a new harbormaster which seems a little excited about his new responsibilities. But let's be clear, I am all for keep Newport Harbor clean, safe and well -enjoyed for all. And I believe that is something we all currently do extremely well. I love our community and our Harbor. Please don't implement unnecessary restrictions that do nothing but add additional government control, restrict our citizens and accomplish nothing but more negative attitudes to government overreach. Thanks for reading. Have a great meeting tonight and thanks for looking out for our amazing community. Chad D. Rutan Managing Partner, Rutan Enterprises L.L.C. 949.880.7770 1480.334.6336 1 www.rutanenterprises.com chad.rutanCEDrutancorp.com I Newport Beach. CA - Scottsdale. AZ uuuuuuuu Mulvey, Jennifer Subject: FW: Please Vote No on proposed Title 17 From: Denise Welch <neacy@me.com> Sent: April 12, 2022 3:54 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Please Vote No on proposed Title 17 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Council Member: As a boat owner, I oppose the Harbormasters government overreach pertaining to raft -up restrictions in Title 17. We have exactly zero Newport Beach citizens clamoring for these changes. ZERO.. There is overwhelming support in among the boating community to vote down these limiting raft -up proposals. The Ione voice on these changes is the overreaching Harbormaster. We have had zero issues with noise, damage, or injury in all the years of raft -up gatherings in Newport Harbor way before the Harbor Patrol was established in 2017.. The purpose of city government is to make Newport Harbor a place where all its citizens and their guests can have a first amendment right to peaceably assemble in the our Harbor, not to restrict Raft -Up gatherings to an arbitrary number of 7. A limit of 7 vessels per raft -up has no support in the boating community and would only destroy the boating ambiance in the harbor.. These proposed changes are an unnecessary power grab by one Ione city official with no appeal process.. A clear violation of the 'due process' clause found in our 14th Amendment. For many many years we've had the Sherriff's department managing the Harbor and passing by our raft -up gatherings with a wave and a thumbs up. Now we have this cadre of "code enforcement" city employees who are looking for any minor violation of title 17, harassing the boating public and ruining the friendly ambiance of Newport Harbor.. A permit submitted 30 days prior to ask permission from the harbor department for a gathering on 3 boats is a complete overreaching regulation on its face.. A more reasonable and workable alternative is to require a permit for 5 or more boats. A more reasonable limit to raft up gatherings would be 20 not 7. Please vote no on the proposed changes to Title 17. Respectfully, Denise Welch From: Rieff, Kim To: Mulvey, Jennifer Subject: FW: Opposition to Harbor Master TItle 17 Raft Up Restriction Date: April 12, 2022 4:34:21 PM From: Lars Porter <lars_porterl@yahoo.com> Sent: April 12, 2022 4:26 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Opposition to Harbor Master Tltle 17 Raft Up Restriction [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. I've been to 20+ raft ups and never had an issue or concern for my safety or my families. This is over reach by an over zealous harbor master with a bad attitude. I am opposed to this. I've visited other harbors in the US and see these raft ups every weekend. The boater community makes Newport Beach! Don't kill it. Please vote no! Lars Porter Newport Beach Boater From: Rieff, Kim To: Mulvey, Jennifer Subject: FW: Please vote No on Title 17 Date: April 13, 2022 9:04:18 AM -----Original Message ----- From: Monica <monicaleigh32@yahoo.com> Sent: April 13, 2022 9:02 AM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Please vote No on Title 17 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. As a Newport Beach resident and boat owner, I oppose the Harbormasters government overreach pertaining to raft - up restrictions in Title 17. We have no Newport Beach citizens clamoring for these changes. The changes are unsupported. There is an overwhelming support among the boating community, yacht clubs, yacht brokers and citizens to vote down these limiting raft -up proposals. The lone voice on these changes is the Harbormaster. We have had zero issues with noise, damage, or injury in all the years of raft -up gatherings in Newport Harbor way before the Harbor Patrol was established. Raft -up is a respectful, unifying, and professional event to campaign a beautiful Newport Beach Harbor with enthusiasm. The purpose of city government is to make Newport Harbor a place where all its citizens and their guests can have a first amendment right to peaceably assemble in the our harbor; not to restrict raft -up gatherings to an arbitrary number. Because of its event success over the years, a limit of 7 vessels per raft -up cannot support this boating community and would only destroy the boating ambiance and history in the harbor. These proposed changes are an unnecessary power grab by city officials with no given appeal process for change. This is a clear violation of the 'due process' clause found in our 14th Amendment and should change with the time. For many many years we've had the Sherriff s department managing the Harbor and passing by our raft -up gatherings without a hiccup. Now we have a team of "code enforcement" city employees who are looking for any minor violation of title 17; they harass the boating public and ruin the friendly ambiance of the popular event in Newport Harbor. A permit to be submitted 30 days prior, to ask permission from the harbor department for a gathering on 3 boats is an overreach. A more reasonable and workable alternative is to require a permit for 5 or more boats. Therefore, due to popular demand of the boating community, a more reasonable limit to Raft -Up gatherings would be greater than 7. We respectfully request a No Vote on the proposed changes to Title 17. Sincerely, Monica Leigh Sent from my iPhone