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Home My WebLink AboutItem 2 - Mooring Permit Revocations for Failure to Pay Annual Rental Fees�EW�oR> CITY OF NEWPORT BEACH C9C /Fp0.N`P Harbor Commission Staff Report TO: HARBOR COMMISSION FROM: Public Works Department Chris Miller, Harbor Resources Manager 949 - 644 -3043, cmiller @newportbeachca.gov PREPARED BY: Shannon Levin, Harbor Resources Supervisor 949 - 644 -3043, Shannon @newportbeachca.gov Agenda Item No. 2 August 14, 2013 TITLE: Mooring Permit Revocations For Failure to Pay Annual Rental Fees: S -145, H -410, C -42, and J -51 ABSTRACT: Four mooring permittees have failed to pay their annual mooring rental fees despite repeated attempts by City staff to collect the mooring rental 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 April and May. According to Newport Beach Municipal Code (NBMC) Chapter 17.70, the Harbor Commission shall conduct a hearing prior to revoking a mooring permit. RECOMMENDATION: 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 S -145 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 H-410 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 C -42 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 J -51 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 S -145, H -410, C -42, and J -51 August 14, 2013 Page 2 as depreciated by use in an amount to be determined by the Harbor Resources Manager as set in the City's master fee resolution. 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 30, 2013 the City's Revenue Division invoiced all mooring permittees for the 2013 Mooring Permit. The January billings for the subject mooring revocations are attached, (Attachment A). The Second and Third Notice were issued on April 3, 2013 and May 7, 2013 respectively. Both Harbor Patrol staff and Harbor Resources staff contacted the permittees by telephone or email in attempts to collect the annual rental fees. On June 3, 2013, Harbor Resources staff sent letters of cancellation to these permittees declaring their permits cancelled pursuant to NBMC Section 17.60.040(D). However, to afford the permittees every due process, we are also proceeding under NBMC Chapter 17.70 to allow the Harbor Commission to conduct a revocation hearing. This hearing provides 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. Moorina 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(8)(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 Harbor Commission render a decision to revoke the mooring permit(s), staff will send a notice 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 Ch. 17.65. S -145, H -410, C -42, and J -51 August 14, 2013 Page 3 The following mooring permits are subject to revocation for unpaid mooring fees for 2013: Mooring Permittee Past Due Fees Mooring Length S -145 onshore Bruce Chandler $251.81 13 feet H -410 Robert White $1,549.20 40 feet C-42 Steve Belany $1,549.20 40 feet J -51 Mark Phoenix $1,936.50 50 feet Moorings subject to revocation are highlighted on Attachment B. 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 amount to be determined by the Harbor Resources Manager as set in the City's master fee resolution. 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 S -145. 2. Staff recommends to Harbor Commission to revoke mooring H -410. 3. Staff recommends to Harbor Commission to revoke mooring C -42. 4. Staff recommends to Harbor Commission to revoke mooring J -51. 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. S -145, H -410, C-42, and J -51 August 14, 2013 Page 4 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: Shan evin Harbor Resources Supervisor Attachments: A. S -145, H -410, C -42, and J -51 Municipal Services Statement B. Aerial Images of Mooring Areas ATTACHMENT A Mooring S -145 OCity of Newport Beach MUNICIPAL SERVICES STATEMENT €.E Revenue Division P.O. Box 1935 ' Newport Beach, CA 92658 -0935 www.newportbeachca.gov, Water Conservation Route: MRG Name: CHANDLER,BRUCE NBID: Account Number: Service Address: MOORING: S -145 Statement Date: 01/30/13 Due Dale: 02/01/13 Total Amount Due: $ 251.81 ANNUAL MOORING FEE -2013 Mooring Fees Due 02/01/2013 - Delinquent 03101/2013. Delinquent fees are assessed 25% penalty the 1st of each month starting 03101/2013 up to 100% penalty and revocation. Per Resolution 2010 -132 there has been an increase in the Annual Mooring Fee. Payment must be received on or before the due dale on this statement. Payments not received by that date are subject to a penalty. You can avoid penalties by signing up for the City's Autopsy plan. NEW PAYMENT OPTIONS NOW AVAILABLE: - For recurring automatic payments, use our Online BillPay service. Pay by credit card or checking account. Enroll online at www.onlinebiller.com /newport/. - For manual payments using your credit card only, either call 949 - 718 -1999 and follow the directions given, or use the internet to make your payment by accessing the web at www.newportbeachca.gov and selecting Online Services. µo °ve i p City of Newport Beach Revenue Division P.O. Box 1935 Account Number. Newport Beach CA 92658 -0935 xeeae Ne W�'rAeN,atlale —.1 ... al FMna a'lmbe1.113 all meyoonlau yw probleml. Phone: Due Date. -- E -mail: Total Amount Due: Npy0l30A ADTO MIY.6D AAM 926 7000000505 01.0005.003A 505/1 �II�IIId�IImIIhIb�Ih141PPlrinl °In1d411allmlinlll Via CHARGES: TOTAL: MOORING ONSHORE ANNU $251.81 BILLING SUMMARY ProviouslBeginnhp Balance $155.47 Payments Apoled - THANK YOU $- 156.07 Total Adjustments $ 0.00 Late Fee $ 0.00 TOTAL AMOUNT DUE $ 251.61 Go online to pay your bills at www.newportbeachca.gov /payments NBID Account Number. Notice Date: 01130/13 Due Date. -- r -_ 02/01/13 Total Amount Due: $ 251.81 Amount Enclosed: IIJ��I�hIL��hhhJ�IL��LL�nIL�hl��lh�hh�hl�l CITY OF NEWPORT BEACH PO BOX 1935 NEWPORT BEACH CA 92658 -0935 AC00000060048050DO00000251814 Name: WHITE, ROBERT NBID: Account Number: Service Address: MOORING: H -410 Statement Date: 01/30/13 Due Dale: 02/01/13 Total Amount Due: $ 1,549.20 ANNUAL MOORING FEE -2013 Mooring Fees Due 02/01/2013 - Delinquent 03/0112013. Delinquent fees are assessed 25% penalty the 1st of each month starting 03/01/2013 up to 100% penalty and revocation. Per Resolution 2010 -132 there has been an increase in the Annual Mooring Fee. Payment must be received on or before the due date on this statement. Payments not received by that date are subject to a penalty. You can avoid penalties by signing up for the City's AutoPay plan. NEW PAYMENT OPTIONS NOW AVAILABLE: - For recurring automatic payments, use our Online BillPay service. Pay by credit card or checking account. Enroll online at www.onlinebiller.wminewporU. - For manual payments using your credit card only, either call 949 - 718 -1999 and follow the directions given, or use the internet to make your payment by accessing the web at www.newporlbeachca.gov and selecting Online Services. So City of Newport Beach >Revenue Division b P.O. Box 1935 Newport Beach CA 92658 -0935 Pleese eeddlupaeia C,e emal ad ores ana ph spi or so the City 'con @any ions. Phone: E -mail: IIIIIIIIIIIIIIIIIIIIIIIIIIIII [IIIIIIIIIIIIIIIIIIIIB NFYOI-�fti AUTO 01. 091 91T 926 ]000000091 01.0001.0091 91/1 �Illhllhllrhlhhrrll9tlhlrlrr4rrnlll1 1... lllnlhlrrll We CHARGES: I MOORING OFFSHORE ANNU $ BILLING SUMMARY PreviousrBeginning Balance Payments Applied -THANK YOU Tonal Adjustments Late Fee TOTAL AMOUNT DUE $ 1,549.20 Go online to pay your bills at www.newportbeachca.gov /payments Name Mooring H -410 ° u� City of Newport Beach Division P.O. B P.O. Box 1935 MUNICIPAL SERVICES STATEMENT - ' �.,.,,n•' Newport Beach, CA 92658 -0935 www.newportbeachca.gov Water Conservation Route: Name: WHITE, ROBERT NBID: Account Number: Service Address: MOORING: H -410 Statement Date: 01/30/13 Due Dale: 02/01/13 Total Amount Due: $ 1,549.20 ANNUAL MOORING FEE -2013 Mooring Fees Due 02/01/2013 - Delinquent 03/0112013. Delinquent fees are assessed 25% penalty the 1st of each month starting 03/01/2013 up to 100% penalty and revocation. Per Resolution 2010 -132 there has been an increase in the Annual Mooring Fee. Payment must be received on or before the due date on this statement. Payments not received by that date are subject to a penalty. You can avoid penalties by signing up for the City's AutoPay plan. NEW PAYMENT OPTIONS NOW AVAILABLE: - For recurring automatic payments, use our Online BillPay service. Pay by credit card or checking account. Enroll online at www.onlinebiller.wminewporU. - For manual payments using your credit card only, either call 949 - 718 -1999 and follow the directions given, or use the internet to make your payment by accessing the web at www.newporlbeachca.gov and selecting Online Services. So City of Newport Beach >Revenue Division b P.O. Box 1935 Newport Beach CA 92658 -0935 Pleese eeddlupaeia C,e emal ad ores ana ph spi or so the City 'con @any ions. Phone: E -mail: IIIIIIIIIIIIIIIIIIIIIIIIIIIII [IIIIIIIIIIIIIIIIIIIIB NFYOI-�fti AUTO 01. 091 91T 926 ]000000091 01.0001.0091 91/1 �Illhllhllrhlhhrrll9tlhlrlrr4rrnlll1 1... lllnlhlrrll We CHARGES: I MOORING OFFSHORE ANNU $ BILLING SUMMARY PreviousrBeginning Balance Payments Applied -THANK YOU Tonal Adjustments Late Fee TOTAL AMOUNT DUE $ 1,549.20 Go online to pay your bills at www.newportbeachca.gov /payments Name WHITE ROBERT NBID Account Number Notice Date: 01/30/13 Due Date:.' 02/01/13 Total Amount Due: $ 1,549.20 Amount Enclosed: ... I,Idid.II r.l.l.u.1luld...Ilul L11.111 CITY OF NEWPORT BEACH PO BOX 1935 NEWPORT BEACH CA 92658 -6935 ACOOD000600330000000001549207 Mooring C -42 OCity of Newport Beach MUNICIPAL SERVICES STATEMENT `^ Revenue Division P.O. Box 1935 Newport Beach, CA 92658 -0935 www.newportbeachca.gov, Water Conservation Route: MRG Name: BELANY,STEVE NBID; Account Number: Service Address: MOORING: C -042 Statement Date: 01/30113 Due Date: 02/01/13 Total Amount Due: $ 1,549.20 ANNUAL MOORING FEE - 2013 Mooring Fees Due 02/01/2013 - Delinquent 03/01/2013. Delinquent fees are assessed 25% penalty the 1st of each month starting 03/0112013 up to 100 % penalty and revocation. Per Resolution 2010 -132 there has been an increase in the Annual Mooring Fee. Payment must be received on or before the due date on this statement. Payments not received by that dale are subject to a penally. You can avoid penalties by signing up for the City's AutoPay plan. NEW PAYMENT OPTIONS NOW AVAILABLE: - For recurring automatic payments, use our Online BillPay service. Pay by credit card or checking account. Enroll online at www.onlinebiller.com /newporu. - For manual payments using your credit card only, either call 949 - 718 -1999 and follow the directions given, or use the Internet to make your payment by accessing the web at www.newportbeachca.gov and selecting Online Services. 90JE City of Newport Beach Revenue Division P.O. Box 1935 Newport Beach, CA 92658 -0935 olaaw orvdlJ,Jlle IM1S sail 0 1. and PMra—un r ma clry mer=o"l '" If ` Phone: E -mail: NPY0130A AM Sol 3 -OTGIT 926 ]00000000, 01.0001.0004 an /I 1116111hIIhIIIIIIIIrIIIPIIIIhIdlPllllllhlllllllhlllhll I x CHARGES: TOTAL MOORING OFFSHORE ANNU $1,548.20 BILLING SUMMARY Account Number Previous/Beginning Balance $ 2,458.80 Payments Applied - THANK YOU $-1,228.40 Total Adjustments $ - 1,228.40 Late Fee $ 0.00 TOTAL AMOUNT DUE $ 1,549.20 Go online to pay your bills at www.newportbeachca.gov /payments Amount Enclosed: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII CITY OF NEWPORT BEACH PO BOX 1935 NEWPORT BEACH CA 92658 -0935 ACD00000600362000000001549208 Name_ BELANY STEVE NBID Account Number Notice Date: 01/30/13 Due Dale:. i 02101/13 Total Amount Due: $ 1,549.20 Amount Enclosed: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII CITY OF NEWPORT BEACH PO BOX 1935 NEWPORT BEACH CA 92658 -0935 ACD00000600362000000001549208 Mooring J -51 ..bPo�m City of Newport Beach MUNICIPAL SERVICES STATEMENT t Revenue Division P P.O. Box 1935 ' Newport Beach, CA 92658 -0935 www.newportbeachca.gov Water Conservation Route: Name: PHOENIX, MARK NBID: 4315 Account Number: 6006204 -00 Service Address: MOORING: J -0051 Statement Date: 01/30/13 Due Date: 02/01/13 Total Amount Due: $ 1,936.50 ANNUAL MOORING FEE - 2013 Mooring Fees Due 02101/2013 - Delinquent 03/012013. Delinquent fees are assessed 25% penalty the 1st of each month starting 03/012013 up to 100% penalty and revocation. Per Resolution 2010 -132 there has been an increase in the Annual Mooring Fee. Payment must be received on or before the due date on this statement. Payments not received by that date are subject to a penalty. You can avoid penalties by signing up for the City's AutoPay plan. NEW PAYMENT OPTIONS NOW AVAILABLE: - For recurring automatic payments, use our Online BillPay service. Pay by credit card or checking account. Enroll online at www.onlinebiller.com /newportl. - For manual payments using your credit card only, either call 949 - 718 -1999 and follow the directions given, or use the internet to make your payment by accessing the web at www.newportbeachca.gov and selecting Online Services. 9 pa °aP City Newport Beach \� Revenue ue Division 5 + P.O. Box 1935 Newport Beach, CA 926SM935 Pleesap,aNydup]ee . e. va WNess enC ohm, rtanSe,se tl',e clay L.Matt lemi Phone: E -mail: I�'I(IIIIIi�II.IIIIII IIII ➢IIIII 100000rA AM. 56H 3- nIGI'f 936 9000000410 01,6063.0033 910/1 II �rl 1119 ulrrl41 l lh lh I h � �l'I I r'I 1 116'1 �� nl d h IP Iel CHARGES: TOTAL, MOORING OFFSHORE ANNN $1,936.50 BILLING SUMMARY PreviouslBeginning Balance $ 0.00 Paymads Applied - THANK YOU $0.00 Tolal AdpM.anla $ 0.00 Late Fee $ 0.00 TOTAL AMOUNT DUE $ 1,936.50 Go online to pay your bills at www.newportbeachca.gov /payments Name. -- 1. ,. PHOENIX, MARK NBID' - Account Ngmber- Notice Date: 01/30/13 Due Date: - 02/o1/13 Total Amount Due: $ 1,936.50 Amount Enclosed: Ihh „,IJJI„JJI „hlh,,Ll „I,III�hI II�ILJ,LJ,II I CITY OF NEWPORT BEACH PO BOX 1935 NEWPORT BEACH CA 92658 -0935 AC000000600620400000001936502 ATTACHMENT B Mooring S -145 y. , -, r, ibm - *+ Aft -�, - r �ft •� "IM O UP rfix i A y r a y r Mooring C -42 �. a � � w +. y zt