HomeMy WebLinkAboutItem 2 - Newport Harbor Mooring Administration PolicyCITY OF NEWPORT BEACH
HARBOR COMMISSION STAFF REPORT
Agenda Item No. 2
August 12, 2009
TO: HARBOR COMMISSION
FROM: Harbor Resources Division
Chris Miller, Harbor Resources Manager
(949) 644 -3043 cmiller(o) city.newport- beach.ca.us
SUBJECT: Newport Harbor Mooring Administration Policy— Refinements and Changes
ISSUE:
The Mooring Administrative Subcommittee is seeking Harbor Commission's guidance
on the major policy refinements and changes associated with the upcoming mooring
transferability rules.
RECOMMENDATION:
The Harbor Commission is asked to consider the following options:
1. Approve the major policy refinements and changes as described in the
report below and advise staff to forward the document for further review at
the Council level.
2. Provide input and comments to staff. Advise staff to forward the
document for further review at the Council level.
3. Advise the Mooring Administrative Subcommittee to revisit the policy
changes and return to the Harbor Commission at a later date.
DISCUSSION
For several years, the Mooring Administrative Subcommittee (MAS) which is part of the
Mooring Master Plan Subcommittee of the Harbor Commission, has been reviewing the
City's municipal code with respect to the mooring transfer process. The group has
already proposed a draft revised code which has already been reviewed by the Harbor
Commission and senior City staff.
Earlier this year, the new City Attorney was also asked to review the document. While
he did not object to the major conceptual issues, he did feel the document required
many more hours of editing from a legal framework perspective. He was also
Mooring Administration Policy
August 12, 2009
Page 2
concerned that the major policy issues in the document were not preliminarily approved
by Council — a step that he felt was most important in gaining support before a final
document was considered at a regular Council meeting. Therefore, he recommended
the following steps be completed to ensure adequate review:
1. Mooring Master Plan Subcommittee — Approve the major policy issues.
Completed 8/6/09.
2. Harbor Commission — Approve the major policy issues. August 2009.
3. Council Study Session — Approve the major policy issues. September 2009.
4. MAS and City Attorney work to finalize the final draft. October / November 2009.
5. Harbor Commission — Approve the final draft. December 2009.
6. Council Study Session — Approve the final draft. January 2010.
7. Council Regular Meeting — Approve the final draft. January 2010.
Policy Refinements and Changes
After a thorough review of the draft code, the MAS and the City Attorney determined
there were five major policy refinements and changes to consider. These are listed
below in general terms so the Commission can focus on the overall picture without
detailed analysis which will come at a later date with the final draft. These policies are:
1. Yacht Clubs
The yacht clubs and the Lido Isle Community Association have long
administered their respective fields for several decades. This established
policy has worked well in the harbor and the MAS sees no reason to
change this policy. These areas will not be allowed to expand beyond
existing conditions.
2. Mooring Transfers
a. Moorings shall be transferred with or without a vessel attached.
b. The permittee has not transferred more than one offshore mooring to
another Permit holder during the previous twelve months.
c. The Transferee does not hold more than two other mooring permits.
Exceptions shall exist for marine contractors etc... The Harbor Resources
Manaaer shall have discretion.
3. Long and Short Term Licensing (formerly called long term rental)
a. Allows the City to license moorings for long or short terms to non -
permittees, i.e. visiting boaters etc... This will increase public access to
short, long term and "deemed vacant" moorings.
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August 12, 2009
Page 3
b. The City will charge for the use of these moorings.
4. Mooring "Interest List" (formerly called the Wait List)
a. The former Wait list was never codified — this will close that gap.
b. There will be no more 'free moorings' given to people on the list.
c. People on the existing list will have priority for long term licensing
availabilities.
d. Rename the list to the Interest List. Those on the existing list will be
invited to participate in a sealed bid auction for those few moorings that
are surrendered to the City. These auctions will not be available to the
rest of the public.
e. After a certain number of years (suggested 3 years), the aforementioned
list for auctioned moorings will be disbanded and no longer exist.
5. Permit Transfer Fee
a. A transfer fee shall be imposed when the mooring permit changes hands.
b. The transfer fee shall be a percentage of the annual mooring permit fee as
determined by the Master Fee Schedule.
PUBLIC NOTICE:
This agenda item has been noticed according to the Ralph M. Brown Act (72 hours in
advance of the public meetings at which the Harbor Commission considers the item). It
was also posted on the City's website.
ENVIRONMENTAL REVIEW
The Harbor Commission's review of this agenda item does not require environmental
review.
Prepared by:
Chris Miller
Harbor Resources Manager