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Home My WebLink About16 - Revocation of Mooring PermitITEM 19 I v: rviemoers or uie Newport tseacn Liry t:ouncu FROM: Tony Melum, Division of Harbor Resources COU'NCii AGENDA SUBJECT: Public Hearing — Revocation of Mooring Permit 'tD• l� C) RECOMMENDATION: a RECOMMENDATION: 1 — Conduct Public Hearing. 2 — Revoke the Mooring Permits for moorings C -11 and A -255 BACKGROUND: There are 1200 moorings within Newport Harbor, including 450 onshore moorings (moorings linked to the beach) and 750 offshore moorings (moorings anchored into the Harbor floor). Of the 1200 moorings, 1182 are over City Tidelands and 18 are over County Tidelands. Because the County of Orange was already a presence in the Harbor (in the form of the Orange County Sheriffs Harbor Patrol), in the 1970s, the City negotiated a contract with the County whereby the Harbor Patrol would administer all the moorings. The City currently pays the County $80,000 per year for this service. Mooring administration generally involves enforcement of Chapter 17.22 of the Newport Beach Municipal Code. The 750 offshore moorings are located in 11 areas within the harbor. The long- term berthing of vessels on offshore moorings is relatively inexpensive. Sometimes owners of a small percentage of the vessels do not properly maintain their vessels — poor maintenance can cause a vessel to become unseaworthy or inoperable and could pose a navigational or environmental hazard. To address this problem, the City Council revised Chapter 17.22 of the Newport Beach Municipal Code to require that moored vessels be seaworthy and operable. If determined not to be seaworthy and operable, the vessel must be repaired or replaced within a time frame established by Municipal Code. Failure to comply with this section of the code is grounds for revocation of the mooring permit. Revocation of a mooring permit occurs after a public hearing by the City Council at which the permittee has a chance to be heard. The mooring permit holder gets notice of the hearing five days in advance of the hearing. At the conclusion of the hearing, the City Council may revoke, conditionally revoke, conditionally refuse to revoke, or refuse to revoke any permit. There is no appeal of the City Council's decision. We typically revoke between 1 to 5 moorings a year. The moorings listed in Exhibit A have been determined by the Orange County Sheriff's Harbor Patrol to have vessels on them, which appear to be unseaworthy or inoperable. -The Harbor Patrol has given written notice of the potential Municipal Code viorition to the mooring permittees. Since that notice and two subsequent -• - -• - - -Jeffers; dhe permittees have failed or refused to either allow an inspection of the vessel to determine if it is seaworthy and operable and to make the necessary repairs. As of this date the vessels assigned to these moorings appear to remain in unseaworthy or inoperable condition. Failure to allow or refusal to allow an inspection of the vessel or to make the necessary repairs is grounds for revocation of the permit per NBMC §17.22.090 A (6) & (7). All the listed permittees have been given notice of this Revocation Hearing. Attachments: Exhibit A — Letter from Harbor Patrol (2) Exhibit B — Notice of Public Hearing (2) Exhibit C — Picture of vessel on C -11 Exhibit D — Picture of vessel on A -255 1901 SAYSIOE DRIVE CORONA DEL MAR. CA 92925 (9491473-1025 SHERIFF - CORONER DEP.ARTAIELNT COUNTY OF ORANGE CALIFORNIA February 15, 2002 Joseph King P. O. Box 5903 Mooring: Newport Beach, CA 92662 Vessel: Dear Mr. King: 01 /I- .�7Cltt ASSISTANT SHERIFFS JOHN FULLER DON HAIOL JOHN HEWITT. GEORGE K JARAMRLO A -255 TIM SIMON DOUG STORM WngpW DOC 1107962 As of this date, we have sent you two letters advising that'the seaworthiness and/or operability of your vessel have come into question. The letters requited you to contact Deputy B. Lofland at the Newport Harbor Patrol (949- 723 - 1002 } to arrange a vessel inspection or to notify us of its removal from the mooring. Our records indicate that the necessary repairs have not been completed and your+ressel is still not in compliance with Newport Beach Municipal Code 17.22.150 (8) (see paragraph below), Newport Beach Municipal Code 17.22150 (B) requires that all vessels assigned to a mooring by permit .be maintained in an operable and seaworthy condition. Further, if based upon the appearance of the vessel, inspection by the Orange County Harbor Patrol or other facts, the City Manager has cause to believe a vessel Is not seaworthy and operable, the City Managershall give written notice to the . permittee requesting a demonitra6on that the vessel Is seaworthy and operable.' In the event that the City Manager determines that the vessel is not seaworthy or is inoperable, the permittee shall. (1) commence repairs within thirty (30) days of writen notice of such determination and complete repairs within ninety (90) days of the commencement As a result, we are canceling your mooring permit as provided by Section 17.22.100 (A), of. the Newport Beach Municipal Code, which states in part, `Said permit may be canceled at. any time for violation of any condition of the permit.' Please remove your vessel and mooring equipment by March 16, 2002. If the vessel and mooring are not removed by the above date they will be removed by the City and the cost of this removal may be recovered from the permittee or from the sale of the mooring. If you have any questions regarding the above, please contact my office at 949- 723 -1002. Sincerely, MICHAEL S. C. NA, Sheriff - Coroner Captain Marty Kasules Harbormaster . MK:sc 0 F F t C I A L M wmq. S .a r o C7 Toms Pe 20 a sees $ s PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTYANC rl O AU$O VIEJO • DANA POINT • LAGUNA HILLS - LAGUNA NIGUEL • LAGUNA N M1 RANCHO SANTA MARGARITA • SAN CLEMENTE • SAN JUAN CAPISTI U S E Hm FROM : OC SHERIFF HELIPORT HARBOR PHONE N0. : 673 6285 Apr. 18 2902 02:19PM P2 NMI. Gil 1001 aAYSIOR, DRIVE CORONA 08L MAR. CA 02025 19") 073 -1025 Henry F6mandez 310 Fernando Street Newport Beach, CA 92661 Dear Mr. Fernandez: SHERIFF- CORONER DEPARTMENT COUNTY OF ORANGE CALIFORNIA March 26, 2002 elf is rT A Cz( Mooring: C -11 ASSISTANT SM=IIFS JOHN RUJ.EA DON HAWL JOHN HEWITT GEORGe K JARAMIILO TVA SRAM DOUG STORM Vessel' "Units%' CF 2460 $W As of this date, we have sent you two letters advising that the seaworthiness and /or operability of your vessel have come into question. The letters required you to contact Deputy B. Lofland at the Newport Harbor Patrol (949 - 723 -1002) to arrange a vessel inspection or to notify us of Its removal from the mooring. Our records Indicate that the necessary repairs have not been completed and your vessel is still not in compliance with Newport Beach Municipal Code 17.22.150 (B) (see paragraph below). Newport Beach Munkipal Code 17.22 950 (B) requires that an vessels assigned to a mowing by penult be maintained in an operable and seaworthy coed don. Further, N based upon the appearance of ** vessol, inspection by ft Oranpa CounlyHathwPabbl oromarfacts, tha Cily Man agarhascause to believe a vessel is not seaworthy and, operable, the CNY Manager shall give wnifen notice to th8 permMtee requesting a demonsMallon that the vessel is seawortiry and operable. In the event that the City Manager determines that the vessel k not seaw ftey or is inoparable, Oa permNes shah: (1) commence repairs within thirty (30) days of wr1den notice of such detarminadon and complete repatra within ninety (90) days of the commencement Asa result, we are canceling your mooring permit as provided by Section 17.32.100 (A), of the Newport Beach Municipal Code, which 'states in part, °Said permit may be carlceled at any time for vlolation of any condition of the pem*." Please remove your vessel and mooring equipment by April 26, 2002. If the vessel and mooring are not removed by the above date - they will be removed by the City and the cost of thls romoval may be recovered from thb permittee or from the sale of the mooring. If you have any questions regarding the above, p1base contact my office at 949. 723 -1002 Sincerely, a MICHAEL S. CARD herifT Coroner ' Captain Warty Kasules Harbormaster Cm"" d r°" . - - � . p.pMp fib- N.'• -MK:sc $ °apvOlwas� C2 mrre.nO.aF.. ti PROIMLY SEOMMC ThE UN/NCORPORAMD ARaA$ OP 01W NGE COUMrYAND '--I AUSO vllJO • DANA POINT - LAGUNA HILLS • LAOUNA HIGU3L • LAGUNA n CS , RANCHO SANTA MARGARITA - SAN C1-EM9NTE • SAN "N CAPEnt GIN. Wq:w s - . •r 1 w.0"IM AFA,:HFR A PARKS JC*W WAYHa AIRPORT • O( M1 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 April 18, 2002 L-?CH I ?3 1 1 J3 (r) Mr. Henry Fernandez 310 Fernando Street Newport Beach, Ca 92661 Re: Notice of Public hearing as required by Section 17.22.090 (B) Of the Newport Beach Municipal Codetrevocation of Mooring C -11 Dear Mooring Permittee: -At the City Council hearing on May 14, 2002 at 7:00 p.m. in the City Council Chambers at 3300 Newport Blvd., the City Council will consider the revocation of your offshore mooring permit as provided by Section 17.22.090 (A) 6 of the Newport Beach Municipal. The purpose of this letter Is to give you notice of this hearing and an opportunity to attend and be heard. If you have questions regarding this procedure please contact me at 949- 644 -3041. Sincerely, Tony Melum, Director Harbor Resources CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 April 18, 2002 Mr. Joseph King P.O. Box 5903 Newport Beach, Ca 92662 4(/f1 6 i r F3 (?) Re: Notice of Public hearing as required by Section 17.22.090 (B) Of the Newport Beach Municipal Codetrevocation of Mooring A -255 Dear Mooring Permittee: At the City Council hearing on May 14, 2002 at 7:00 p.m. in the City Council. Chambers at 3300 Newport Blvd., the City Council will consider the revocation of your offshore mooring permit as provided by Section 17.22.090 (A) 6 of the Newport Beach Municipal. The purpose of this letter is to give you notice of this hearing and an opportunity to attend and be heard. If you have questions regarding this procedure please contact me at 949 - 644 -3041. Sincerely, --/ Gc,c��.. Tony Melum, Director Harbor Resources 3300 Newport Boulevard, Newport Beach a.,; 3 �Jv Oar