Legislation Details

File #: 24-423    Version: 1
Type: Agreement Status: Passed
File created: 10/31/2024 In control: City Council
On agenda: 12/4/2024 Final action: 12/4/2024
Title: Staff recommends that the President and Harbor District Board of Directors approve a request by Ms. Michelle Bautista Layton to add four additional terms to the sublease of her Harbor slip from February 25, 2025, to February 24, 2026, as the slip permittee will be out of the country during this time.
Attachments: 1. Staff Report, 2. Bautista Layton Request

DATE:  December 4, 2024

 

TO:                       President and Directors of the Harbor District Board

 

FROM: Public Works Department

TITLE:  ONE-YEAR SLIP SUBLEASE EXTENSION FOR MS. BAUTISTA LAYTON

 

RECOMMENDATION

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Staff recommends that the President and Harbor District Board of Directors approve a request by Ms. Michelle Bautista Layton to add four additional terms to the sublease of her Harbor slip from February 25, 2025, to February 24, 2026, as the slip permittee will be out of the country during this time.

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BACKGROUND AND ANALYSIS

 

Ms. Bautista Layton has been a slip permittee since October 2020 and her permit is in good standing. An original sublease was granted administratively on March 1, 2024, for a period of 90 days. Ms. Bautista Layton’s boat is currently in French Polynesia and she has requested three additional sublease periods, each at 90 days, that will end on February 24, 2025, as she will be at sea for an extended period of time.

 

Harbor District Resolution 89-04H authorizes slip permittees to sublease their slip when their boat is temporarily away from the slip upon approval by the Harbor District.  A maximum of four sublease periods in a 24-month period can be approved administratively.  Any requests beyond the allowable terms must be approved by the President and Harbor District Board of Directors. Ms. Bautista Layton will have used her four allowable sublease periods and is requesting a second term of four allowable sublease periods to run from February 25, 2025 to February 24, 2026.

 

The slips in Oceanside Harbor are a public asset and should be available for use by the general public on a first-come, first-served basis. As a general practice, the reserving of a public facility, which is in limited supply, by a person not actually using it for an extended period is not equitable to the people on the slip waiting list.

 

Fourteen such extensions have been granted to others since 1991.  Staff believes that Ms. Bautista Layton has presented appropriate justification for granting the extension.

 

FISCAL IMPACT

 

Ms. Bautista Layton will be responsible for all slip fees, which will continue to be paid during her absence. Therefore, the fiscal impact will be neutral.

 

 

COMMISSION OR COMMITTEE REPORT

 

The Harbor and Beaches Advisory Committee was advised of this action at its October 21, 2024 regular meeting.

 

CITY ATTORNEY’S ANALYSIS

 

The referenced documents have been reviewed by the City Attorney and approved as to form.

 

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Prepared by: Joe Ravitch, Harbor Division Manager

Reviewed by: Hamid Bahadori, Public Works Director                                                                                                         

Submitted by: Jonathan Borrego, City Manager                                                                                                                               

 

ATTACHMENTS:

1.                     Staff Report

2.                     Request