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HomeMy WebLinkAbout03 - Allowing Short-Term Mooring License Agreements and Establishing Fair Market Value License Fees for Offshore and Onshore Moorings - CorrespondenceReceived After Agenda Printed November 28, 2023 Agenda Item No. 3 Attachments: imaae.pna image. mg imaae.pna No discrimination in rates.pdf From: Jesus Hernandez <jesushernandeznewport@gmail.com> Sent: November 27, 2023 4:22 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Cc: Reid.Boggiano@slc.ca.gov; sheri.perberton@slc.ca.gov; karl.schwing@coastal.ca.gov; Kate.Huckelbridge@coastal.ca.gov; Jennifer.Lucchesi@slc.ca.gov; jeffrey.palm@coastal.ca.gov Subject: Written public comments: Opposition to new mooring and rate scheme in Newport Beach (Consent Calendar #3 11/28/23 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless y0mawngnize the sender and know the content is safe. To: Newport Beach City Council Cc: CA State Lands and CA Coastal Commission Dear City Council, On the 11/28/23 Council Agenda you will be considering an ordinance regarding the conversion of 14 previously permitted moorings to a new license scheme that involves rates and fees that are over 1000% higher than other tideland rates charged by the city. . I oppose this ordinance and request you do not adopt it based on the fact that it is tied to a resolution council passed at the 11/14/23 council meeting that established discriminatory rates for these licensed moorings. According to page 3 of the resolution, the tideland rate to berth a 40ft boat on a mooring will be $600 per month ($7,200 per year). On the other hand, the tideland rates the city charges to berth a similar boat at a permitted pier such as at 1907 Bay Ave East (which may belong to a city official) is $173,31 per year. Remember, parking a boat on a mooring and parking a boat on a permitted pier covers an equal amount of water surface. There is no justification for this discrepancy.in rates for using the same amount of water for parking similar boats. Under this proposed ordinance and the associated resolution adopted a mooring "licensee" will be paying over 40 times the rate to berth a similar sized boat at a permitted pier/dock in the tidelands of Newport Harbor. This is obvious discrimination and should not be adopted by the cite. I believe the staff at the State Lands Commission will take exception to this rate/fee discrimination. Keep in mind that city staff pulled a related agenda item at the last council meeting based on an inquiry from the State Lands Commission. Please allow me to point out that 3 of the 14 moorings that will now be converted to "licenses" are in the C mooring field which is currently being reviewed in detail by CA Coastal Commission regarding a recent proposal to push boats and moorings dangerously close together. Any conversion of moorings to a new use (license vs. permit etc) with a new rate scheme (much higher than existing rates) requires a coastal development permit and a local coastal plan amendment. I don't believe the Coastal Commission staff will appreciate this conversion and charging of excessive rates and rate discrimination while reviewing other mooring matters in the same mooring field #C. Lastly, I believe council did not follow policy when it approved the resolution and related ordinance at the 11/14/23 meeting as a consent item given 3 people spoke in opposition and it involved significant ordinance changes. Remember council policy reserves consent calendar items only for non -controversial items such as second readings. The procedure that occurred at council on 11/14/23 was not consistent with council policy. See screenshot below from city clerk manual dated 9/27/23. I have three simple requests: 1. Please recognize the procedural defects that took place at city council on 11/14/23 (these were important and contested items). 2. Reverse the mooring rate discrimination resolution that was opposed at the 11/14/23 meeting as allowed at this subsequent council meeting. 3. Don't pass this ordinance without the benefit of the coastal development permit and local coastal plan amendment required for the conversion of this public amenity. Thank you for your consideration and Happy Holidays to you and yours.. Description of the images below: 1. Discriminatory rate scheme per resolution from 11/14/23 meeting. 2. Rate charged for berthing a boat at 1907 Bay East 3. City Policy for consent calendar items 4. Attached documents regarding Coastal Commission and State Lands pending reviews. M 1-:01 Xxwx.bnX I M lndo.l` x I I mm,art XP N.-IN.-I x I t Agenda x l ?b en a 4.-All x L —� x F G 8 A° * [p {= Q % 4I�ITY... Q NEWPORT BEACH City Council arenindnenment M + CNB >... > 0 -Allowing Short -Term Mooring License Agreement,,nd Establishing Fair Market Value License Feesfor Offshoreand Onshore Moorings ­er '@ T y 1a at 0 4 M O 25% - S 8 In Vill-pldmcea . BOme Browse search ra�.3ma nonmle ryp•4$2­121" l50 00.00.EO.a.00 9aetlen 4: The aMd-bml mgcMtl Ilmrde fm annll ba aMua anmally m JuN t M Me annual pa�cemaee dienee m Mre iMm rem used to dekmine renml aubea9uaM aangea In Pe VmmrMO Mcm» lee eM wnaMer W wM'rnue Na u» oltbe cMBmn wmtlex nM rfMe City Council chialgm NarelNetlon of Ne IMex�ele adeadem Wlf adMereM rMM1aticloeym mbMlaM1 reMafor Ma Balboa VacM Baein, utticn remmmendaaona, A any, oball ba aemm Me CAy Couzll M wneldwWn. 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Path \pad—M inutes.0 8ea010On58Counl ndl\Council 10-ings\2023\1111 parket\04-AIIovAng Mooring License Agl rtablishing Fair Ma License Fees for Off Onshore Moorings Template m Council Mee p e m M x I M rvewpo seam x �'j 8 M1t�s//nbgisnexportbeacM1ca.gw/NewportHTMISViewer/.viewer-pierpermrtsirrfo Lh # A {$ CI7 {= Q F Residential Pier Permits (2) x aid naipieep me > I Ada,es ,90, Sava�E E —ft Are.— Square F.1. 6,s c.— S,]33, �Fiae Aa pieFp pit > ., Pmna Area- Square Footagr. 614 Ina rcd pier it- twa ­idems Fre i� the rotal square footage, M Fe eurrerrtveac f, ]3.3, Rer Permit Edribit ((b M' A 5: x L ein F :c 4 papas M lobo. I im Agent I agent I of �'j 8 M1t�s//wwwnewportbea<bragov/borne/sbowpublisbeddo<ument/'I]83]/6333'150635d6100000 Draw - Q Or eead amw 1 Aakc Iar - + ©I de a General Plan Amendment. Resolutions require only one reading, becor may be changed by a subsequent resolution or expire by its own terms. Unless a higher vote is required, the affirmative votes of at least four members of the City Council is required for the enactment of any ordinance or resolution, or for making or approving any order for the payment of money. Consent Calendar - In an effort to conduct more efficient City Council meetings, the agenda contains a "Consent Calendar" which permits routine matters or non -controversial issues (resolutions, second reading of ordinances, contracts, budget amendments, etc.) to be handled by one motion. There is no discussion of these items prior to the motion to approve the entire Consent Calendar unless a Councilmember requests that the item be removed for discussion and separate action. RECORDING OF OPEN MEETINGS • All regular meetings of the City Council and Planning Commission shall be recorded. • Board, Commission, and Committee (•`BCC") meetings may be recorded upon request of the I chairperson or pursuant to any rule or by-law adopted by the BCC. m • Any recording shall be retained pursuant to the City's Records Retention Schedule. tld STATE of CALIFORNIA • NATURAL RESOURCES AGENCY :�I�j�l�� : ► ; �Z�TF�f�1��I� LI �ili�if6��I�I� SOUTH COAST DISTRICT OFFICE 301 E OCEAN BLVD . SUITE 300 LONG BEACH. CALIFORNIA 90802-4830 PH (562) 590.5071 WWW.COASTAL-CA_GOV GAVIN NEWSOM. GOVERNOR November 8, 2023 APPLICATION STATUS LETTER -INCOMPLETE City of Newport Beach Harbor Department Attn: Paul Blank 1600 W Balboa Blvd, Newport Beach, CA 92663 Dudek Attn: Carolyn Groves 621 Chapala St, Santa Barbara, CA 93101 RE: Application No. 5-23-0753 for the project located at Mooring Field C, Newport Beach in Orange County. Dear Paul Blank and Carolyn Groves: The above referenced application was received on October 8, 2023. Coastal Commission staff has reviewed your application for the reconfiguration of the 5.5-acre Mooring Field C located within Newport Harbor from single -row to double -row moorings, resulting in an increase from 55 moorings to 62 moorings. Staff has determined that your application is incomplete and cannot be filed or processed until the following items have been received: 1. Noticing. Please submit a photograph of the "Notice of Pending Permit" sign located in a conspicuous location(s) onsite. Submittal of Noticing Envelopes. Section IV of the application requires: "Stamped envelopes addressed to all applicants and agents, all property owners and occupants of property situated within 100 feet of the property lines of the project site (excluding roads). along with a list of all owners and occupants with addresses. The envelopes must be plain (i.e... no return address), and regular business size (9112" x 4 1/8"). Include first class postage on each one. Metered postage is not acceptable. Use Appendix C for the listing of names and addresses." Please submit stamped and addressed noticing envelopes for all mooring permittees and interested parties along with a completed Appendix C. CITY OF NEWPORT BEACH PUBLIC WORKS DEPART" 100 Civk Center Drive Newport Beach, CA 92660 newportbeachca.gov/publicworks 949-644.3311 Memorandum To: Honorable Mayor and Members of the City Council From: Dave Webb, Public Works Directof0I Date: November 14, 2023 Re: Agenda Item No. 3: Ordinance No, 2023-16 ITEM PULLED BY STAFF State Lands Commission staff reached out to the City today with questions regarding the proposed Ordinance 2023-16: Amending Sections 17.35, 030 (Bayward Location of Piers and Floats) and 17.35.060 (Balboa Island - Noncommercial Piers) of the Newport Beach Municipal Code and Repealing City Council Policy H-1. Staff is pulling this item to address these concerns with State Lands Commission staff. Once resolved, we anticipate returning to the City Council with the proposed Ordinance in January 2024. CITY OF NEWPORT BEACH Tide and Submerged Lands Statement of Revenues, Expenditures, and Changes in Fund Balance For the Fiscal Year Ended June 30, 2021 Revenues: Licenses, permits, and fees Charges for services Fines and forfeitures Investment income Net decrease in fair value of investments Income from the use of property and money Parking Balboa Lot Other parking Total Parking Leases Balboa Yacht Basin Slips (net of increment) Balboa Yacht Basin Garages (net of increment) Balboa Yacht Basin Apartments (net of increment) Balboa Yacht Basin Offices Balboa Yacht Basin Electricity Balboa Bay Club Beacon Bay Other Leases Total Leases Rent Moorings Off -Shore (net of increment) Moorings On -Shore (net of increment) Moorings Guest (net of increment) Moorings Transfers (net of increment) Residential Piers Rent (net of increment) Commercial Piers Rent (net of increment) Large Com Marina Rent Medium Com Marina Rent Small Com Marina Rent Vessel Charter Bus Rent Vessel Rental Facility Rent Tide and Submerged Land - Operating S 87.955 10,694 35,944 146.455 (147.649) 2.305,126 1,855,733 Tide and Submerged Land - Harbor Capital S 404,878 (357,700) Tide and Submerged Land Total Funds S 87,955 10,694 35,944 551,333 (505,349) 2.305,126 1,855,733 4.160,859 4.160,859 653,171 579.014 1,232.185 35,344 34,637 69.981 30,456 2.523 32.979 17,576 17,576 8,821 8,821 3,011,162 1.010,056 4.021218 1,411,399 1,411,399 1,258,153 130.670 1,388.823 6,426,082 1.756.900 8,182.982 623,171 526,951 1,150,122 69,546 91.213 160.759 - 235.217 235,217 - 78,083 78,083 118,000 151,469 269.469 248,441 517,363 765.804 - 82,789 82,789 47,662 91.852 139.514 26,833 29,648 56,481 20,560 23,986 44,546 CHAPTER 74 An act relating to tide and submerged lands in the City of Newport Beach, and in this connection repealing Chapter 494 of the Statutes of 1919, Chapter 70 of the Statutes of 1927, Chapter 142 of the Statutes of 1929, Chapter E 74 of the Statutes of 1929, Chapter 813 of the Statutes of 1929, and Chapter 200 of the Statutes of 1931, and declaring the urge. -icy thereof, to take effect immediately. [Approved by Governor April 6, 1978. Filed with Secretary of State April 7, 1918.] The people of the State of California do enact as follows. - SECTION 1. There is hereby granted to the City of '.Newport Beach and its successors all of the right, title, and interest of the State of California held by the state by virtue of its sovereignty in and to all that portion of the tidelands and submerged lands, whether filled or unfilled, bordering upon and under the Pacific Ocean or Newport Bay in the County (if Orange, which were within the corporate limits of the City of Newport Beach, a municipal corporation, on July 25, 1919; the same to be forever held by the city and its successors in trust for the uses and pu •poses and upon the following express conditions: (a) That the lands shall be used by the city and its successors for purposes in which there is a general statewide interest, as follows: Uh. 74 J STATL"TES OF 1978 199 any purposes whatever; except, that the city or its successors may grant franchises thereon for a period not exceeding 50 years for wharves and other public uses and purposes and may lease the lands, or any part thereof, for a period not exceeding 50 years for purposes consistent with the trust upon which the lands are held by the state and with the uses specified in this section. (c) The lands shall be improved without expense to the state; provided, however, that nothing contained in this act shall preclude expenditures for the development of the lands for the purposes authorized by this act, by the state, or any board, agency, or commission thereof, or expenditures by the city of any funds received for such purpose from the state or any board, agency, or commission thereof. (d) In the management, conduct, operation, and control of the lands or any improvements, betterments, or structures thereon, the city or its successors shall make no discrimination in rates, tolls, or charges for any use or service in connection therewith,