HomeMy WebLinkAbout2014 Item 2 - Mooring RevocationsCITY OF
°� mz NEWPORT BEACH
C9CF00.NP Harbor Commission Staff Repo
TO: HARBOR COMMISSION
rt Agenda Item No. 2
July 21, 2014
FROM: Public Works Department
Chris Miller, Harbor Manager
949 - 644 -3043, cmiller @newportbeachca.gov
PREPARED BY: Shannon Levin, Harbor Analyst
949 - 644 -3041, Shannon @newportbeachca.gov
TITLE: Mooring Permit Revocations For Failure to Pay Annual Rental Fees:
A -094, B -043, H -410, H -813, J -0053, and J -0073
ABSTRACT:
Six mooring permittees have failed to pay the annual mooring rental fees despite
repeated attempts by City staff to collect the fees. Mooring permits may be revoked due
to failure to pay annual rental fees. Annual rental fees are initially invoiced in January
with late— payment notices in March and April. According to Newport Beach Municipal
Code (NBMC) Chapter 17.70, the Harbor Commission shall conduct a hearing prior to
revoking a mooring permit.
RECOMMENDATION:
1. Hold a public hearing, consider the relevant evidence, and if justified under NBMC
Sections 17.60.040(L)(1) and 17.70.020(A)(5), revoke mooring permit A -0094 for
failure to pay annual rental fees.
2. Hold a public hearing, consider the relevant evidence, and if justified under NBMC
Sections 17.60.040(L)(1) and 17.70.020(A)(5), revoke mooring permit B -043 for
failure to pay annual rental fees.
3. Hold a public hearing, consider the relevant evidence, and if justified under NBMC
Sections 17.60.040(L)(1) and 17.70.020(A)(5), revoke mooring permit H -410 for
failure to pay annual rental fees.
4. Hold a public hearing, consider the relevant evidence, and if justified under NBMC
Sections 17.60.040(L)(1) and 17.70.020(A)(5), revoke mooring permit H -813 for
failure to pay annual rental fees.
A -094, B -043, H -410, H -813, J -0053, and J -0073
July 21, 2014
Page 2
5. Hold a public hearing, consider the relevant evidence, and if justified under NBMC
Sections 17.60.040(L)(1) and 17.70.020(A)(5), revoke mooring permit J -0053 for
failure to pay annual rental fees.
6. Hold a public hearing, consider the relevant evidence, and if justified under NBMC
Sections 17.60.040(L)(1) and 17.70.020(A)(5), revoke mooring permit J -0073 for
failure to pay annual rental fees.
FUNDING REQUIREMENTS:
The mooring permittee shall be entitled to recover all of the permittee's mooring
equipment within thirty (30) days of reversion. If the mooring permittee does not
recover his equipment, the permittee shall be entitled to payment from the City of the
fair value of the mooring equipment as depreciated by use in an amount to be
determined by the Harbor Resources Manager as set in the City's master fee resolution,
NBMC 17.60.040(M)(2).
DISCUSSION:
The City of Newport Beach ( "City ") manages the tidelands pursuant to various
legislative grants from the State of California. The City leases the tidelands to third
parties through a series of permits, franchises, and leases. One of those permits
administered by the City is the mooring permit. A mooring permit is a temporary use of
a specific location within Newport Harbor, and the Harbor Resources Manager may
issue a mooring permit to allow the mooring permittee to temporarily use a portion of the
waters of Newport Harbor for the mooring of a vessel.
On January 22, 2014 the City's Revenue Division invoiced all mooring permittees for the
2014 Mooring Permit. The Second and Third Notices were issued on March 10, 2014
and April 8, 2014 respectively. Additionally both Harbor Patrol staff and Harbor
Resources staff attempted contact with the permittees by telephone or email in an effort
to collect the annual rental fees. Originally, the list of delinquent fees had ten names
and has been trimmed to six names.
On June 12, 2014, Harbor Resources staff sent letters to each permittee noticing the
revocation hearing and advising of the process of revocation due to failure to pay the
associated mooring fees for a period of sixty (60) calendar days or more pursuant to
Newport Beach Municipal Code ( "NBMC ") Sections 17.60.040(D), 17.60.040(L)(1), and
17.70.020(A)(5).
According to NBMC Sections 17.60.040(L)(2) and 17.70.020(B) a revocation hearing is
scheduled before the Harbor Commission to provide a forum for the permittee to
present written and verbal evidence to the Harbor Commission explaining why the
mooring permit should not be revoked. The Harbor Commission presides over the
hearing, receives relevant evidence, and renders a decision.
A -094, B -043, H -410, H -813, J -0053, and J -0073
July 21, 2014
Page 3
Mooring Permit Conditions
The mooring permit is subject to permit requirements and the permittee shall be
responsible for all activities related to that mooring permit. According to Newport Beach
Municipal Code Section 17.60.040(B)(2)(b), the permittee shall agree to be responsible
for permit fees, maintenance, and repair of mooring equipment.
Grounds for Revocation
NBMC Sections 17.60.040(L)(1) and 17.70.020(A)(5) provide that when a mooring
rental fee is in arrears for a period of sixty (60) days or more, the Harbor Commission
may revoke the permit.
Additionally NBMC Section 17.70.020(A)(5) authorizes the Harbor Commission to
revoke the permit upon the grounds of failure to pay fees and breach of terms of the
permit.
Should the Harbor Commission render a decision to revoke the mooring permit(s), staff
will send a Notice of Decision to the permittee. The decision to revoke a permit shall
become final fourteen (14) days after the date of the decision unless appealed.
Decisions of the Harbor Commission may be appealed to the City Council by a member
of the City Council within fourteen (14) days of the decision per NBMC Chapter 17.65.
The following mooring permits are subject to revocation for unpaid 2014 mooring fees:
Mooring
Permittee
Past Due Fees
Mooring Length
A -0094
Michael Ruffatto
$4525.80
95 ft.
B -043
Richard Jacks
$2143.80
45 ft.
H -410
Robert White
$1905.60
40 ft.
H -813
David Panknin
$2143.80
45 ft.
J -0053
David Evans
$2143.80
45 ft.
J -0073
Ashley Lowy
$2382.00
50 ft.
Moorings Reverted to the City
Should the Commission decide to revoke one or more of the mooring permits, those
moorings will revert back to the City, per NBMC Section 17.60.040(M). Should a
mooring revert back to the City, the mooring permittee shall be entitled to recover all of
the permittee's mooring equipment within thirty (30) days of reversion. If the mooring
permittee does not recover his equipment, the permittee shall be entitled to payment
from the City of the fair value of the mooring equipment as depreciated by use in an
A -094, B -043, H -410, H -813, J -0053, and J -0073
July 21, 2014
Page 4
amount to be determined by the Harbor Resources Manager as set in the City's master
fee resolution, NBMC 17.60.040(M)(2).
The mooring then may then be offered to an individual from the interest list. No mooring
that reverts to the City for assignment off of the interest list shall have any right to a later
assignment by a mooring permittee whatsoever.
1. Staff recommends to Harbor Commission to revoke mooring A -094.
2. Staff recommends to Harbor Commission to revoke mooring B -043.
3. Staff recommends to Harbor Commission to revoke mooring H-410.
4. Staff recommends to Harbor Commission to revoke mooring H -813.
5. Staff recommends to Harbor Commission to revoke mooring J -0053.
6. Staff recommends to Harbor Commission to revoke mooring J -0073.
ENVIRONMENTAL REVIEW:
Staff recommends the Harbor Commission find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
This agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the Harbor Commission considers this item).
Submitted by:
Shann evin
Harbor Analyst