HomeMy WebLinkAboutItem 2 - Appeal of Harbor Resources Revocation of Mooring H-714CITY OF NEWPORT BEACH
HARBOR COMMISSION STAFF REPORT
Agenda Item No. 2
April 21, 2010
TO: Harbor Commission
FROM: Harbor Resources Division (City Manager's Office)
Shannon Levin, Harbor Resources Supervisor
(949) 644 -3041, shannon @newportbeachca.gov
SUBJECT: Appeal of Harbor Resources Revocation of Mooring H -714
ISSUE
Should the Harbor Commission reverse the decision of the Harbor Resources Manager
to revoke mooring H -714 for unpaid fees?
OPTIONS
The Harbor Commission may:
1. Affirm the decision of the Harbor Resources Manager to revoke the
mooring permit for mooring H -714.
2. Reverse the decision of the Harbor Resources Manager by reinstating the
mooring permit for H -714.
BACKGROUND
On December 11, 2007 mooring permit H -714 was transferred to Mark Slagle. The
assigned vessel was a 10' outboard yet the vessel on the mooring was a 43' sailboat
registered to Slagle. The 2008 annual permit was paid by check on February 6, 2008.
The 2009 permit invoice for mooring H -714 was mailed on January 27, 2009 by the
Revenue Division to Mark Slagle at the registered address on the mooring permit. Upon
failure to pay, the past due notice with penalty was mailed to Slagle on March 6, 2009.
On April 7, 2009 the second past due notice, or third invoice, with additional penalty was
mailed to the Slagle to the address registered on his permit. At that point, $1,500 in fees
were due.
The permittee paid with a check dated April 22, 2009 a partial bill of $1,250 leaving a
balance of $250. On May 5, 2009 and June 9, 2009 the Revenue Division mailed
balance due notices.
In July 2009 Harbor Resources was informed of delinquent mooring fees. Harbor
Resources mailed the permittee an Intent to Cancel to the registered mailing address.
On October 8, 2009 Harbor Resources mailed a second Intent to Cancel. Finally, on
Appeal Mooring Revocation for H -714
April 21, 2010
Page 2
November 12, 2009 the Notice of Cancellation was mailed to the registered address and
the mooring permit was revoked by Harbor Resources on November 17, 2009 according
to Newport Beach Municipal Code Section 17.60.040(D).
17.60.040(D) Mooring Permits, Unpaid Fees
When the permittee is in arrears for a period of one hundred twenty days or
more, the Harbor Resources Manager may , at his discretion, cancel the permit
upon five days written notice to the permittee by first class mail... If the mooring
is not removed by the permittee within 30 days after cancellation of the permit,
then it shall be deemed abandoned and the title thereto shall vest in the City.
The Harbor Patrol was notified to begin the impound notice period for the vessel on H-
714. In January 2010 Harbor Resources was contacted by Marilyn Crouch for Slagle,
and was informed that the mooring was revoked nearly two months prior. Crouch
contacted the Harbor Patrol and commenced discussions on the status of the vessel.
The mooring was then overhauled in February 2010 and paid by the Harbor Resources
Division since the mooring belonged to the City at this point.
In March 2010, Crouch and Slagle petitioned the City to reinstate the mooring. The
applicant has paid all fees including past due balance, 2010 balance and overhaul. The
2010 fees were assigned as appeal fees in order to secure funds in the case that the
appeal is granted. Should the appeal be overturned 2010 fees will be refunded.
ENVIRONMENTAL REVIEW:
The Harbor Commission's approval of this Agenda Item does not require environmental
review.
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).
Prepared by:
Shannon Levin
Harbor Resources Supervisor