HomeMy WebLinkAboutD-7 - Public Hearing on Ocean Front Lot AcquistionI
_ == CITY OF NEWPORT BEACH
SPARKS, BEACHES & RECREATION DEPARTMENT
April 19, 1976
TO: ROBERT L. WYNN, CITY MANAGER
FROM: PB & R Director
D
SUBJECT: PUBLIC HEARING ON OCEAN FRONT LOT ACQUISITION
On Monday night, April 26, the City Council will hold a Public Nearing to
determine the feasibility of C-ity acquisition of the remaining 15 parcels
of land presently under private ownership on Balboa Peninsula. It .has been
suggested that the City acquire these lots to eliminate such problems as
dogs on the beach, drinking on the beach, etc. For review, the following
is noted:
1. An appraisal has been made of the lots, and their combined value
is set at $71,500.
2. All 15 property owners were contacted by mail to determine if they
wanted to sell. As of today, we have had the following responses:
7-yes; 5-no; 3-unanswered.
Value
Subject Property Conclusion
Yes -
Parcel
1
George Vane
$ 16,750 ✓ .-
�
Yes -
Parcel
2
Michael Vane v%. 1 - x ,
16,500
Yes -
Parcel
3
Dorothy Webster
2,25.0
Parcel
4
William Baca
2,50.0
Yes -
Parcel
5
Jesse Sell, Jr.
2,750►,
No —
Parcel
6
Colter Scott
2,750
Parcel
7
W. T. Powell
3,000
Parcel
8
Roy Maring
3,000
✓
Yes -
Parcel
9
Jean Allan
3,250
No —
Parcel
10
Mrs. Scott
3,250
No —
Parcel
11
Paul Balalis
3,750
No —
Parcel
12
Justin Marshall
3,750
No —
Parcel
13
Sarah Taylor
2,250
Yes -
Parcel
14
Myron Mull
3,500
Yes -
Parcel
15
Karl Pottharst
2,250
71,500
3. The State has approved a Land & Water Conservation Fund Grant with
50% matching funds up to a total City/State cost of $59,000. Any
expenditures over $59,000 would be the obligation of the City.
The lots in question are oceanward of the ocean front sidewalk in Balboa, and
their existence in private ownership has caused some policing problems in the.
past; especially as they relate to dogs and drinking.
A map showing the lots will be on display in the Council Chambers during the
Public Nearing.
Calvin C. Stewart
CCS:h
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of
Newport Beach will hold a public hearing regarding the acquisition by the City
of all privately owned parcels on the Ocean Front.
5
1S IFIREBY FUF-HERthat the said pub"Lic hearir,.Z, wr11
be held on the 26th da-- -, of April
at the hour of 7:30 P.M. in the W3—ncil Chambers of the City Hall.- c,the City
of Newport Beach, Callfomia, at wrLich time and place any and all peerzsc--,sL
interested may appear and be heard thereon.
City of Newport Beach
15 VACANT LOTS ADJACENT TO SOUTHWEST LINE OF OCEAN FRONT
LOCATED IN NEWPORT BEACH
OWNERS OF PROPERTY
Mr. George C. Vane
24033 Bessemer Street
Woodland Hills, Calif. 91364
Mrs. Winnetta B. Vane, et al
30811 Miradero Drive
Redlands, Calif. 9237.3
Mrs. Dorothy Webster
331 Waverly Street - Apt. 3
Menlo Park, Calif. 94025
Mr. William A. Baca, et al
404 Heliotrope
Corona del Mar, Calif. 92625
Mr. and Mrs.. Jesse Sell, Jr.
1009 East Balboa Blvd.
Newport Beach, Calif 92661
Mr. and Mrs. Colter Scott
2380 Daventry Road
Riverside, Calif. 92506
Mr. and Mrs. W. T. Powell
1.015 East Balboa Blvd.
Balboa., Calif. 92661
Mr. Roy Maring
1017 East Balboa Blvd.
Balboa, Calif. 92661
Mrs. Jean E. Allan, et al
621 Gilmar Street
Anaheim, Calif. 92802
Mr. Mary Dunlap Scott
2380 Daventry Road
Riverside, Calif. 92506
Mr. and Mrs. Paul L. Balalis, et al
2400 West Coast Highway, Suite D
Newport Beach, Calif. 92663
Mr. and Mrs. Justin E. Marshall
.�g
101
PO '�;ox 7
Mrs. Sarah E. Taylor
1137 East Balboa Blvd.
Balboa, Calif. 92661
Mr. Myron H. Mull
1223 East Balboa Blvd.
Balboa, Calif. 92661
Mr. and Mrs. Karl E. Pottharst
4958 Edgerton Avenue
Encino, Calif. 93116
s
AFFIDAVIT OF PUBLICATION
NEWPORT HARBOR ENSIGN
STATE OF CALIFORNIA
County of Orange ss.
ARVO E. HAAPA being first.
I . .................................................. ... ......
duly sworn, and on oath depose and say that I am the
printer and publisher of the Newport Harbor Ensign, a
weekly newspaper printed and published in the City of
Newport Beach, County of Orange, State of California,
------- .
and that the_k,QTICr, OF PUBLIC hJ�tlRIIi (,i
EGAL NA10E.
NOTICE
• .................. .....
OF PUBLIC HKARM
-..---•......................................... of which
*NOTICE IS HEREBY
...
G that the City Council
copy attached hereto is a true and coirnl *o r e_e copy, was
of the'City of Newport Beach
printed and published in the regular issue(s) of said
will hold a public _hearing
newspaper, and not in a supplement, ......... ........ consecu-
regarding the acquisition by
tive times: to -wit the issue(s) of
;*twu City of all privately
A-rr i 3 15, 1976
' oWW parcels on the Ocean_
................................. ...
" Ftbnl.
NOTICE ISHEREBYFUR_
....... .................................................... .
: '1M- - GIVEN that the said
pAW hearing wiII be .held
• ...................................•----......---- ........ .....................'
on the 26th day of April, .
1976,.at -the hour of 7:30
t P.1k. in the Council ChaM..,
............................................. _.....................................
hers - of the City Hall of
F
the City of Newport Beach..
+
(Signed).. ....... )....... ..-1. - : '
California, at which . time
and place any and .all per-
sons,interested may appear
Subscribed and sworn to before me this..... . ..day f
and Ve heard thereon.
•
l
Dohs George
........................A;.ra
19..7.
Acting City CIer1[
C r:...-...
'City of Newport Beach
Fub'lisht April 15, 1976, he'
the Neo/pprt Harbor Ensign.
No4C.y PPcl, in and for tFt
Coy of Orange, State of California.
A.
MY Comrn;�.sion.
s
f!
CITY OF NEWPORT BEACH
214'""'�'IJMACHES AND RECREATION DEPARTMENT
Z City Hall
March 17, 1976 3300 W. Newport Bl�-c7
Area Code 714
TO: ROBERT L. WYNN, CITY MANAGER
FROM: Assistant Director, PB & R STUDY SESSION NO. 8
SUBJECT: OCEAN FRONT APPRAISALS
To keep you+ informed, the attached sheet from the
appraisal done by Richard H. Fuller of the mentioned
properties, will indicate the response received from
a communication mailed to the parcel owners request-
ing their position on public acquisition by purchase.
A sample of the letter mailed to the owners is attached
for your information. Also, this analysis is as of
March 17, 1976; additions to the list will be updated
at the City Council meeting of Monday, March 22, 1976.
If further information or data is desired, please
advise.
RW:h
.,,...... ,,. Whitley
VALUE CONCLUSION. CONT.
Subject Property Value
Conclusion
Parcel 1 . �; ; .1.: ,F 9 .... ..................
$1 6, 750
Parcel 2. :. .......................
$16,500
%5
Parcel 3. ...............................
$
2,250
Parcel 4.°.:..........................
$
2,500
Parcel 5.....'.F..:=:t ' .. .....................
$
2,750
Me
.
Parcel 6...�:...:::...:. .................
$
2,750.
.-
•,..
Parcel 7. .::..:. ...`.....................
$
3,000
Parcel 8. .�.",4 .,1. • `� .......................
$
3,000
Parcel 9..(.�.fw�:'..-�::';'. ......................
$
3,250
a
------ Parcel 10.......................
$
3,250
Parcel 11...E ` ... :.:'` :....................
$
3, 750
Parcel 12.. ti-1- :. ^`_.'.,�,,....-.:::":...............
$
3,750
Parcel 13...E ::= :.:..'":.................
$
2,250
Parcel 14..
$
3,500
.`.. :..::: .. • ...............
'...;.
e5
15... a °..............................
$
2,250
qe3 `��Parcel
Total
$71, 500
f J
_3;_
RICHARD A. FULLER. M. A. 1.
CITY OF N EW PORrT, BEACH I
Mfrs. Dorothy Webster
331 Wavery Street
Aparbaent 3
Menlo Park, Ca. 94025
Dear Mrs. Webster:
March 8, 1976
RE: Assessor's Parcel No.
48-144-23
(Subject Parcel 3)
The City of Newport Beach has retained Mr. Richard A. Fuller,
M.A.I., to appraise all of the parcels of land that are ocean -
ward of the ocean front street right of way in Balboa Blvd. to
determine if acquisition of these parcels by the City of
Newport Beach is feasible. You were no doubt contacted by
Mr. Fuller during the appraisal process.
The City would like to know if you as one of these parcel
owners would be interested in selling your property. If your
answer is affirmative, we will contact you in the near future
as to the appraised value.
Over a period of years the City has acquired many of the
private parcels and is most anxious to place in public owner-
ship the remaining private lands.
We would appreciate knowing whether or not you are interested
in selling. Will you please so indicate on the enclosed postal
card and return it as soon as possible to the Parks, Beaches &
Recreation Department?
Thank you for your assistance.
Sincerely,
Calvin C. Stewart, Director
Parks, Beaches & Recreation lepartment
CCS:h
Enclosure
('ilN. Hall - 3300 \cNk'))O1 Bc�ulcvars.l. NumI)ort 13e;►rl,. ('alil��ri}ia `.�`�fiF) J
iq
CITY OF NEWPORT BEACH
'7 PARKS, BEACHES & RECREATION DEPARTMENT
Sy
Mfivda^PT %;,A.CH June 9, 1975
TO: MAYOR & CITY COUNCIL STUDY SESSION NO..7
FROM: PB & R Director
SUBJECT: APPRAISAL OF OCEAN FRONT PROPERTIES
We have been notified by the State Department of Parks & Recreation
that our application for a Land & Water Conservation Grant for the
acquisition of two parcels on Balboa Peninsula has been approved.
This $29,000 Grant is on a matching -funds basis and in order to
complete the agreement, the State requires us to have an appraisal
for the site. We have been notified by Mr. Dick Fuller, M.A.I.,
that he would provide this service for $2,300.
There was some discussion as to whether or not the acquisition by
the City of these lots would be in the best interests*of the City
because there are prescriptive rights in the area., and it would be
difficult to get any type of construction or other types of develop-
ment through the. Coast Commission. It is also located in a #1 Fire
Zone. However, to eliminate a nuisance, it has been suggested that
the lots be acquired.
A review of the total ocean front on the Balboa Peninsula reveals
that there are several small lots oceanward of the sidewalk that
are still in private ownership and, even though the.se lots fit into
the category of prescriptive rights and Fire Zone #1, it might be
well to consider acquisition of these parcels at the same time.
Mr. Fuller has been asked to submit a proposal for the cost of
appraising all of the remaining lots on the ocean front, and a copy
of his proposal is attached. The Land & Water Conservation Fund
cannot be utilized for appraisal purposes. If all of the private.
lots are appraised at this time, at a cost of $5,000 to $7,500, not
to exceed $7,500, it might be possible to extend the Land & Water
Conservation Grant to include them for matching funds for acquisi-
tion.
A determination must be made as to whether or not the cost of an
appraisal can be justified inasmuch as the value of the lots should
be minimal due to fire zone regulations, prescriptive rights, Coastal
Commission approval for construction, etc.
The agreements with the State are in the City Hall ready for signature
and are complete with the exception, of course, of the appraisal report.
A map of the Peninsula beaches will be on display at the May 27th
Study Session to more clearly illustrate the subject properties.
CCS:h
Calvin C. Stewart
N
RICHARD A. FUL1,ER, M. A. I.
APPRAISER AND CONSULTANT
MEM'BE-R. SUITE 655
AMF_RICAN INSTITUTE 07 610 NEWPOR_T CENTER DRIVE
REAk. ESTATE APPRAISERS
NEWPORT BEACH; CALIFORNIA gZCBO
May 16, 1975
Mr. Calvin C Stewart
Director
Parks, Beaches and Recreation
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92660
Dear Mr. Stewart;
AREA CODE 714
TELEPHONE 644-4040
RE: Appraisal of:
17 Ocean Front Lots,
Located Between E Street
and Alvarado Street,
Newport Beach, California
At your request, I am submitting this proposal for the appraisal of the above
referenced lots . The purpose of this assignment is to estimate the fair market
value of said lots, based on my opinion of highest and best use .
After previously discussing this matter with yourself, Mr. Wynn. Mr.
O'Neil, personnel from the State Department of Parks and Re-creation, and otters
familiar with the subject property, it is my opinion that a thorough valuation
analysis should include the following factors -
The effect on value, of any prescriptive rights, which may have
been established by the public.
2) An investigation as to those uses which would be permitted by the
State of California Coastal Commission.
3) It is my understanding that these sites are within Fire Zone No. 1
and as such would require additional fire retardant construction.
The effect on this requirement upon the highest and best use of the
subject property, should be considered.
4) It is my understanding that the subject sites are presently zoned
R-1, Single Family Residential. An investigation should be com-
pleted which would specifically set out those uses which would be
permitted within this zoning classification.
Mr. Calvin C . Stewart
May 16, 1975.
Page Two
5) That the definition of the actual parcel boundaries should be
completed prior to the conclusion of value. Following is my
understanding of the three sc.utcses of parcel size;
1) Orange County assessor maps .
2) 'those boundaries set out in the 1906 Subdivision Map .
3) A proposal which would establish the southwesterly
boundary at the pre sent mean high tide line.
After reviewing the Procedure For Preparing An Appraisal Report, prepared
by the. State of California Department of Parks and Recreation, it is my conclusion
that this report would be comprehensive in content. All supporting factual data,
reasoning., computations, photographs, property descriptions, and market data
should be set out within the appraisal. Based upon our discussion, all of the
above supporting data for each of the ii subject properties, will be included
within one appraisal report.
My fee for this assignment will range from $5,000 to $7,500, but will in
no event, exceed $7,500. The fee estimate will include two copies of the appraisal
report, with additional copies to be provided at a cost of $100 per report. I would
anticipate 60 to 90 days from the date of authorization, for the completion of these
appraisal services . In the preparation of this appraisal report, it would be beneficial
if the City of Newport Beach could supply the following items:
1) A written opinion., by the City Attorney's office, that the public does,
or does not have a prescriptive right over the subject property.
2) A copy of a current Title Report.
3) A conclusion as to the final boundary determ:ination for the subject
properties .
4) Necessary assistance from the City of Newport Beach Public Works
Department and Community Development Department.
The submission of this report constitutes completion of the services authorized.
It is assumed that customary compensation will be provided for any subsequent
depositions, conferences, additional preparation, or testimony. If these terms
.are acceptable, you may authorize me to proceed by signing and returning the
enclosed copy of this letter. I look forward to being of service to the City of
RICHAR D A. FULLER. M. A. I.
Mr. Calvin C . Stewart
May 16, 1975
Page Three
Newport Beach on this appraisal assignment.
RAF:lj
(;y truly yours,
. G- \ -10A�
Richard A. Fuller, M.A.I.
CITY OF NEWPORT BEACH
APPROVAL:
DATE:
RICHARD A. FULLER, M.A. I.
A RESOLUTION OF THE CITr. COUNCIL OF THE CITE'
OF NF 1+FORT BCHUs'r30I3IZIC ii EYOR AND
CILTY O EXECUTE AN' AGREEMENT BETWEEN,
THE CITY OF NEWPORT BEACH AND RICHARD A.
Y , • ,,., r _,� , la N ULLER IN . CONNECTION WITH THE APPRAISAL OF
ICEAN FRONT TOTS IN TPE BALBOA AREA
WHEREAS, Richard A. Fuller, M.A.Z. has submitted a
proposal in connection wih the appraisal of seventeen ocean
front lots in the Balboa area; and
WHEREAS, thA City Council has reviewed said proposal
and found it to be fair and equitable .and in the best interest
of the City;
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Newport Beach approves the proposal of Richard A.
Fuller, and the Mayor and City Clerk are hereby authorized and
directed to accept and execute the same or, behalf of the City of
Newport Beach.
ADOPTED this 9th day of
yor
`=EST
June
, 1975.
By fii: i';' COU�4CiL
I-[y g�%F kii;waaaa7 ar&ACH
TULLY H. SEYMOUR
ATTORNEY AT LAW
SUITE 309
36:6 SAN MIGUEL NRIVE
NEWPO.RT BEACH, CALIFORNIA 92660
1714) 644-S920
January 21, 1974
The Honorable Mayor and
Members of the City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92660
1974
l`r+n,thCr
WO k i3irerfar
f�j_*i
i.t 1 E. t: 1: Tl c•1}IIifri; _tk_Al�y��7
Re: Blocks A and B, Newport Bay Tract
Dear Mr. Mayor and Members of the City Council:
I represent Mr. George C. Vane and Mrs.. R. G. Wilkenson
who are the owners of the above -references property. The
property in question is located on the ocean side of the
Balboa Peninsula adjacent to the public beach as shown on the
attached drawing.
My clients are interested in having the City Council
consider purchasing this property for public use. They have
paid taxes on the property for many years and have derived
no benefit from their ownership. Since there does not appear
to be any foreseeable possibility that the property can be
developed, it seems only fair that my clients be compensated
for the reasonable value of the property.
It is my understanding that the Council has previously
authorized George Hamilton Jones, M.A.I. to proceed with an
appraisal of this property together with other beach lots
which remain in private ownership.
In view of the impending State bond issue, it would
.appear that this is an appropriate time to request that the
Council make the acquisition of this property a priority project.
Thank you for your consideration of this request.
jlg
attachment
cc: Mr. George C. Vane
Mrs. R. G. Wilkenson
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