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Home My WebLink About19 - Revocation of Mooring PermitITEM 19 i V: Memoers or the Newport beacn city Uouncil FROM: Tony Melum, Division of Harbor Resources SUBJECT: Public Hearing — Revocation of Mooring Permit 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 Sherifrs 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 violation to the mooring permittees. Since that notice and two subsequent letters, the 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 K-0 1901 9AY$IDE DRIVE CORONA OEL MAR. CA 92625 (04916713-1025 SHERIFF - CORONER DEPARTAIENT COUNTY OF ORANGE CALIFORNIA Joseph King P. 0. Box 5903 Newport Beach, CA 92662 Dear Mr. King: February 15, 2002 Mooring: A -255 Vessel: "Kingpen" ASSISTANT SHERIFF$ JOHN FULLER DON HAIOL JOHN HBNITT. GEORGE H. JARAMIL.O TIM SIMON DOUG STORM 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 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 Gressel is still not in compliance with Newport Beach Municipal Code 17.22.150 (B) (see paragraph below). Newport Beach Municipal Code 17.22150 (B) requires that all vessels assigned to a mooring by permit .be maintained in an operebie 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 ca use to believe a vessel is not seaworthy and operable: the City Manager shall give written notice to the permittee requesting a demonstration that the vessel is seaworthy and operable. to the event that the City Manager determines that the vessel is not seaworthy Cris inoperable, the permiBee shalt (1) commence repairs within thirty (30) days of written 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 Captain Marty' Harbormaster . MK:sc Sheriff - Coroner OFFICIAL. USE M ae.m9e s s � O'- C3 ReeRn Roodpl Fe. P AGN°M C3 (5r.mt�,w.Reoulreel C3 RPCe1ae.O.INery Fee 'O (EYloaaanen[RegWeaj C3 Tote) PM ff. a Feet $ s a Sem a PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY ANC ri r3 AUSO VIEJO • DANA POINT • LAGUNA HILLS ` LAGUNA NIGUEL • LAGUNA N M RANCHO SANTA MARGARITA • SAN CLEMENTE • SAN JUAN CAPIST! FROM : OC 6HCRIFF NEWPORT HARBOR PFCNE NO. : 673 6285 Apr. 18 2002 02: iWH P2 tea im aAVSIDE DRIVE CORONA DEL MAR, CA 92525 (949) e73-1025 Henry F6mandez 310 Fernando Street Newport Beach, CA Dear Mr. Fernandez: SHERIFF- CORONER DEPARTMENT COUNTY OF ORANGE CALIFORNIA � tT A (Z') March 26. 2002 . o ASSISTANT SMIRIFFS JOHN FULLER DON HAIDL rl JOHN HEVJITT GEORGE M. JARAMILLO PR0000-SERMNO THE UNINGORPORATAV AREAS OPORANGE COUNTYAMr, TIM Mooring: C -11 DOUG STOORRM 92661 Vessel: "Unity" CF 2460 SW 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)Ato 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 Municipal Code 17.22.150 (B) requires that all vessels assigned to a mooring by peaMit be maintained in an operable and seaumdbycondfflm- Further, Nbased 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, tha City Manager shall give wri ten notice to the permlitae reques6ing a demonstration that the vessel is seaworthy and operable. In the event th8t the City Manager determines that the vessel As not seaworthy or is inoperable, the pe.w ttee shah: (f) commence repairs within thirty (30) days of *Men notice of such determination and complete iapoirs 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 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 this removal may be recovered from thA- permittee or from the sale of the mooring. If you have any questions regarding the above, plbase contact my office at 949.723 -1002. Sincerely, a MICHAEL S. CARO herif - Coroner Ln o- Captain Marty asules .ma Harbormaster s o- F6FFACAAL .U`5 POAMP CwtI%d Poo Sr- AU50 VIRJO • DANA POINT • LAGUNA NILLS • LAOUNA NIOUEL ` LAGUNA W G RANCHO SANTA MAROARITA • SAN CLEMENTE • SAN JUAN CAPIM C3 CI - -DMAPA AFACWPA A PARKS -'Jf*W WAYNE AIRPORT • 01 r- we. `N1K:sc °u• />a.H"Rdoa,wr.. . o aAmNa.m,NOVdM rl m PR0000-SERMNO THE UNINGORPORATAV AREAS OPORANGE COUNTYAMr, Sr- AU50 VIRJO • DANA POINT • LAGUNA NILLS • LAOUNA NIOUEL ` LAGUNA W G RANCHO SANTA MAROARITA • SAN CLEMENTE • SAN JUAN CAPIM C3 CI - -DMAPA AFACWPA A PARKS -'Jf*W WAYNE AIRPORT • 01 r- we. CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 April 18, 2002 4(14 I i3 l 1 $ (f 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 Code /revocation 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 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH April 18, 2002 P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 Mr. Joseph King P.O. Box 5903 Newport Beach, Ca 92662 4(1+16 i T. i3 (?) Re: Notice of Public hearing as required by Section 17.22.090 (B) Of the Newport Beach Municipal Code /revocation 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, Tony M_e lluum, Director Harbor Resources 3300 Newport Boulevard, Newport Beach Alt IV 17 4-22-2