Sheriff-coroner Department County of Orange California Michael S. Carona Sheriff-coroner OFfZiC:E ci-'

The offshore mooring areas now extend beyond the lines originally established by the United States Army Corps of Engineers in 1941. I

Certain procedures adopted by the Newport Beach City Council regarding mooring permits are not enforceable because they are not included in the City's Municipal Code.

The last assessment of the fair market value of mooring permit fees took place almost ten years ago.

Although a mooring permit can be held in the name of one (1) person only and the permit cannot be placed in a company name, exceptions have been made for certain private yacht clubs. Additionally, vessels and moorings are now registered in family trusts. After a principal's death, the intent of a trust is to follow the vessel; however there is an unjustified perception that this also includes the mooring permit.

The County (1) follows State statutes and regulations concerning mooring and buoy permits and (2) along with the City of Newport Beach shares financial responsibility for funding the Harbor Patrol to provide management services; however the County performs no oversight of the City's regulations and procedures on a regular basis.

The Harbor Patrol follows the regulations and procedures set down by the City; however, they have begun re-enforcing certain, but not all, regulations, e.g,., the derelict boat rule is being enforced but abandoned 'moorings are allowed. The result of this is that the harbor now seems cleaner; however permittees are allowed to maintain moorings without vessels. Orange County Sherifi-Coroner Response: The respondent disagrees partially. Since the mooring administration MOU agreement between the City of Newport Beach and the County was established, Sheriff's Harbor Patrol has enforced the established anchorage and mooring regulations. L City of Newport Beach Municipal Code, Title 17 (Harbor Regulations), Chapter 17.22 (Anchorage and Mooring Regulations), Section 17.22.200: "Pursuant to an agreement between the County of Orange and the City of Newport Beach, the Director of Harbors, Beaches and Parks of the Orange County Harbors, Beaches and Parks District shall administer all provisions in this chapter dealing with moorings and buoys, except the revocation of permits by the City Council and collection of all fees hereafler. (Ord. 2002- 18 (part), 2002) " Over many years, the mooring permit restriction which mandated a "vessel" must be maintained on a mooring created a dramatic increase in the number of unsightly and potentially hazardous derelict boats left unattended in the harbor. These vessels became the "target" for vandals, sea lions "hauling out", and due to their unkempt condition, quite frequently they would sink, causing potential hazards to navigation, hazardous material seeping out or in some cases, increased liability for the city and/or ' County. Within the past two years, in cooperation with the City of Newport Beach / Harbor Resource Division and the Newport Mooring Association, amendments to Municipal Code Title 17 were introduced regarding the requirement of a vessel on each mooring can. Currently, those changes are being enforced. City of Newport Beach Municipal Code, Title 17 (Harbor Regulations), Chapter 17.22 (Anchorage and Mooring Regulations), Section 17.22.100 E: "If such mooring is unoccupied, it may be temporarily assigned as a mooring for guest vessels by the Harbor Resources Manager",

The mooring waiting list has not been reviewed or updated for years. Orange County Sheriff-Coroner Response: The respondent disagrees wholly. The current card system which catalogs the request list is "reviewed" frequently with names added and removed (as reported to the Harbor Patrol or Newport Harbor Resources), change of addresses or special location requests noted.

The majority of the current mooring permit fees fall below the Orange County IVlinimum Value Ordinance. Response to Findings F-I, F-2, F-3, F-4, F-5, F-7, and F-8 are required from the Mayor of the City of Newport Beach. Responses to Findings F-I and F-6 are required from the Orange County Board of Supervisors. Responses to Findings F-7 and F-8 are required from the Oran~eC ounty Sheriff- Coroner and Harbor Patrol. A Response to Finding F-9 is required from the Orange County Assessor. GRAND JURY RECOMMENDATIONS In accordance with California Penal Code 5933 and 5933.05, each recommendation requires a response from the government entity to which it is addressed. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on the findings, the 2006-2007 Orange County Grand Jury developed the following recommendations. Beneath each is the Sheriff's Department response to that recommendation (in red): R-I. Tighten the regulations and procedures involved with Newport Harbor mooring permits and their transfers to ensure that all monies received which rightly belong to the public, stay within the public arena.