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Home My WebLink AboutMARINA PARK FORM LEASE_05_FINANCE_DOCUMENTS PART 105_FI NANCE_DOCUMENTS noIl u 03/03/2006 12:59 9497230539 MARINA PARK PAGE 01 MARINAPARK /-uwt yGiving by the Bay 1770 W. Balboa Blvd, Newport Beach, CA 92663 (949)723-0206 Fax (949) 723-0539 Facsimile Transmittal Sheet To: Evelyn sang From: Millie E. Mecham Date: 3/3/06 # of Pages 2 Fax Number: (949) 644-3073 Phone - Number Re: Resident information sheet hareaglut day 1� e W EL LO m m N Cl) m Cl) 0 2008 Marina Park Resident Information Unit# Name Mailing Address Rent Amount Utilities 1A Mahar, Martin & Sharon 2265 Ahuacafe Rd] La Habara Heights 90631 1550.00 22.00 13 Bonelll, Frank & Kathy 2499 Knob Hill Dr. Riverside Ca. 92506 1550.00 22.00 I Albert, Irwin Marina Park 1125.00 22.00 11) Arons, Abramowitz 29475 Weeping Willow DrJAgoara 91301 1126,00 22.00 1E Dowden, John Marina Park 1060.00 22.00 1F 2A Vacant Racine, Phyllis Marina Park 1550.00 22.00 28 Rehberg, John & Jackie 42 Belcourt DO Newport Beach 92883 1550.00 22.00 2D Tate, Deanna & Guy Marina Park 1125.00 22.00 2E Vacant 0.00 0.00 2F Mecham, Bill and Millie Marina Park/ Management 0.00 0.00 3A McDaniel, John Marina Park 1650.00 22.00 313 Marlin Wing Marina Parid Management 0.00 0.00 3C Stough, Sellers & Virginia 1176 Harvard Rd./ Peldmont, CA 94610 1125.OD 22,00 3D Swift, Greg and EJizabeth Marina Park 1125.0D 22.00 3E Lonsway, Jeff Marina Park 1060.00 22.00 4A Whitaker, Jim & Karen Marina Park 1550.00 22.00 4B Wilmot, Dick 1022 Tropio Ln. Santa Ana Ca, 92708 1550,00 22.00 4C Nickelson, John & Dedes Marina Park 1126.00 22.00 4D Malfzner, Dr. Martin & Enid 10350 Wilshire Blvd. #8041 Los Angeles, CA 90024 1125.00 22.OD 4E Dillon, Ed & Joy Marina Park 1050.00 22.00 5A Shonholtz, Beverly Marina Park 1550,00 22.OD 5B Wolman, Shirley Marina Park 1550.01) 2100 50 Cowan, Ruth Ann 3071 Moconnel DO Los Angeles, 90064 1125.00 22.00 5D Rybus, Joe & KC 10 Shoal DO Corona Del Mar, 92625 1125.00 22.00 5E Davis, Larry Marina Park 1050.00 22.00 BA Goldberg, Marshall & Ruth 612 N. Oakhurst/ Beverly Hills, CA 90210 1650.00 22.00 BB Harris, Barber & Ben 5050 Cope De Crol Anahelm Hills, CA 92807 1550.00 22.00 8C Tyson, Howell & Dorthy 245 W. Naomi Aved Arcadia, CA 91007 1125.00 22.00 BD Vargas, Michael & Toby 4650 Greenbush Aved Sherman Oaks, CA 91423 1125.00 22.OD BE Esensten, Giady 5269 Avenida Del Sol/ Laguna Hills, 02053 1050.00 22.00 N m W . 7A Kunnel, Velda & Wood Marina Park 1550.00 0.00 a 78 Williams, Herbert & Ethel Marina Park 1550.00 22.00 7F Kunnel, Doug 1333 Wilson St./ Los Angeles, CA 90021 1550.00 22,00 SA McPherson, Jim & JoAnn P.O. Box 1358/ Palm Desert, =61 1550.00 22.00 $13 Woad, Val 4341 Lanai Rd.t Encino 91436 1550.00 22.00 aC Shames, Sandra 1887 Washington Blvd.t Los Angeles, 90D07 1125.00 22.00 80 Crawford, Ed & Carole 11310 Lambert Ave./ El Monte, 91732 1125.00 22.00 8E Gold, Dan & Jane Marina Park 1050.00 22,00 9A Seymour, Robert &Ada Marina Park 1650.00 22,00 9B Thompson, Jerry & Bonny 5175 Myrie AveJ Riverside, CA 92506 1550.00 22,00 9C O'Bryan Marina Park 1125.00 22,00 9D Amthor, George Marina Park 1125.00 22.00 9E Spaulding, Cara & Suzanne 1630 Mtrasai Dr./ San Marino, CA 91108 1050.00 22.00 10A Balov, Peter 1a81 N. Gaffey St, Suite E/ San Pedro, 92504 1550.00 22.00 a 10C Westergart, Dr. John P.O. Box 260225t Encino, 91428 1125.00 22.00 a 10!) Coskey, Jack & Danila 1905 Soaring Crt.1 Las Vegas, NV 80134 1125.00 22.00 a 10E Comer, Finn & Holly Marina Park 1050.00 22.00 11A Spira, Fran Marina Park 1560.00 22.00 11 B chase, John & Barbara 6729 Corle Ln./West Hills, 91307 1550.00 22.00 11 C tillard, Tom & Debbie P.O. Box 555/Colton, 92324 1126,00 22.00 11D Rston, Mrs Marina park 1125.00 22,00 11E Viers, Mark&Mary 2718 Laramie Rd. Riverside Ca. 92505 1050.00 22.00 12A Kimmel, James & Debbie 7181 Indiana Ave. Suite AlFtiverside, CA 92504 1550.00 22.00 12B Sales, Julio & Gracelia 539 N. Louise Ave./ Azusa, 91702 1550.00 22.00 12C Pettett, Marilyn Marina Park 1125.00 22.00 12D Muslin, Jane 2354 Via madpose Ave.ILsguna Woods 92653 1125.00 22.00 Cl) 12E Goldberg, Ira & Kathleen $738 Alonzo Ave./ Encino, 91318 1050.00 22.00 m im w r m v m m in N N RECORDING REQUESTED BY Joseph P. Foley AND WHEN RECORDED MAIL TO Phyllis M. Racine 1770 W. Balboa Blvd., #2A Newport Beach, CA. 92663 Recorded in Official Records, Orange County Tom Daly, Clark -Recorder I IIIIII IIIIIlIIIIIIIIIIIIIIIIIIIIII!IlII�IIII!lilll IIIIIIIIiilllll Illllllls.oa 2004000433042 02:48pm 05/14/04 130 42 0-02 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Space above line for Recorder's Use APN: 047-190-06.00 NO TAX DUE. GRANT DEED C• Documentary transfer tax is NONE. _ Unincorporated area X City of Newport Beach Mail tax statements to: same address as above. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GRANTOR Phyllis M. Racine hereby GRANTS TO Phyllis M. Racine, Trustee of the Phyllis Racine Revocable Trust, that real property in the City of Newport Beach, County of Orange, State of California, described herein. Tr. 234 Lot 1 Block 116 and Lot 13 Block 116r All of Lots Inc; Aban sts & alle Y Adj — (and Lots 2) Dated: - 6)hgl0'( PhylhsM. Racine State of California ) ss County of 0 ) On !-� rugf� o2�i �00N beforeme, ��RriO C Trr-P � anotary public in and for the State of California, personally appeared Phyllis M. Racine, personally known to me Eel p ow& to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. --- Signature, ��/Lt 4� L' • �RYI/t9d (SEAL) Notary Public 7 II11Y �y K I +° FORSEU4, NE.//4, 5EM337-66,RIOW 47-19 • vAMR WC As I[I ALRIAL / m IIq BALBOA BOULEYARO � r 20 n 1 ND7E—ASSESSORS BLOCKB ASSE930R'S MAP MARCH /SO B NrMNT B£ACH MY.. 4-E7 fmciY NBMB£RS BOCK 47 P40E /9 NC CDTR ESA MU 13-M-371 SHOWN IN C/ROLES COHNTY OF ORANGE �M�:�:,ne..._(4.R�r..,"..w,,,", 'I'IRala.�;H �' .I SIt.4,.�kiw_�Iti:.. U.rwen.o :.��'A •m 11:42:40 AM 09/22/2005 Recorded in Official Records, Orange County RECORDING REQUESTED BY Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIIlIIIIIIIIIIIIIIIIIIlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIs.00 Joseph P. Foley 2004000433042 02:48pm 05114/04 AND WHEN RECORDED MAIL TO 130 42 a02 t Phyllis M. Racine 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1770 W. Balboa Blvd., #2A Newport Beach, CA. 92663 Space above line for Recorder's Use APN: 047-190-06.00 I NO TAX DUE, GRANT DEE D Documentary transfer tax is NONE. _ Unincorporated area X City of Newport Beach Mail tax statements to: same address as above. FORA VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GRANTOR Phyllis M. Racine hereby GRANTS' TO Phyllis M. Racine, Trustee of the Phyllis Racine Revocable Trust, that real property in the City of Newport Beach, County of Orange, State of California, described herein. Tr. 234 Lot 1 Alock 116 and Lot 13 Block 116r All of Lots Inc,' Aban sts & alle Y Adj - (and Lots 2) Dated: dhyjoy Phyllis M. Racine State of California ) ss County of O�� ) On �- , ruaxf a,Htl> 0Oo W before me,,1k4R.rIO.- C T rre G anotary public in and for the State of California, personally appeared Phyllis M. Racine, personally known tome (e1=praved- tin rAQ to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature AAd&2 (SEAL) Notary Public Page 2 of 3 W 4tlaw. APN: 047-190-06 Page 1 REAL PROPERTY TRANSACTION RECORD Filings Collected Through:09-06-2005 County Last Updated:09-14-2005 Frequency of Update:WEEKLY Current Date:09/22/2005 Source:000NTY RECORDER , ORANGE, CALIFORNIA OWNER INFORMATION OWner(s):RACINE PHYLLIS TRUST Ownership Rights:REVOCABLE TRUST Corporate Owner:YES Additional Owner #1:RACINE PHYLLIS TRUST Owner Rights:REVOCABLE TRUST Property Address:1770 W BALBOA BLVD NEWPORT BEACH CA 92663-4554 Mailing Address:1770 W BALBOA BLVD UNIT 2A NEWPORT BEACH CA 92663-4525 PROPERTY INFORMATION County:ORANGE Assessor's Parcel Number:047-190-06 Property Type:EXEMPT Land Use:TAX EXEMPT TRANSACTION INFORMATION Transaction Date:02/24/2004 Seller Name:RACINE PHYLLIS M Consideration:UNCERTIFIED Deed Type:GRANT DEED Type of Transaction:NOMINAL Recording Date:05/14/2004 Document Number:433042 Construction Type:RESALE InterFamily Transaction:YES Purchase Payment:CASH TAX ASSESSOR RECORD is available for this property. The record contains information from the office of the local real property tax assessor office. In addition to identifying the current owner, the record may include tax assessment information, the legal description, and property characteristics. Additional charges may apply. ) 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. http://print.westlaw.coin/delivery.html?dest=atp&fonnat=HTMLE&dataid=AO055800000... 9/22/2005 *-----------------------------: MetroScan / Orange Owner :Racine Phyllis Trust CoOwner Site :1770 W Balboa Blvd Newport Beach 92663 Mail :1770 W Balboa Blvd 9,2A Newport Beach Ca 92663 Xfered :05/14/2004 Doc # :433042 rice Deed :Grant Deed LoanAmt Loan VestTyp :Trust\trustee IntTy Lender LandUse :72 Res,Mobile Home Park Legal :TR 234 LOT 1 BLK 116'AND LOT 13 ELK :116 ALL OF LOTS -INC ABAN STS & :ALLEY ADJ-(AND LOTS �2 TO 12 INC ... Census :Tract:628.00 Block:i ............. Bedrooms ............. Bldg SgFt Bathrooms 'Stories :1 Total Rms 'Fireplace Air Cond :No Garage Type HeatingPool :No *-----------------------------: MetroScan / Orange Owner :Minky Arthur J CoOwner Site :1770 W Balboa Blvd #11B Newport Beach 92663 Mail :1770 W Balboa Blvd #iB Newport Beach Ca 92663 Xfered :08/01/1989 Doc # Price Deed LoanAmt Loan VestTyp IntTy Lender LandUse :71 Res,Mobile Home Lot Legal :MH LOCATED IN SPACE SB ON AP :047-190-06 ensus :Tract:628.00 Block:l ............. Bedrooms ............. Bldg SgFt Bathrooms Stories Total Rms Fireplace Air Cond :No Garage Type Heating Pool :No *-----------------------------: MetroScan / Orange Owner :Albert Irwin CoOwner Site :1770 W Balboa Blvd #1C Newport Beach 92663 Mail :1770 W Balboa Blvd #yC Newport Beach Ca 92663 Xfered :02/28/1987 Doc # Price Deed LoanAmt Loan VestTyp IntTy Lender LandUse :71 Res,Mobile Home Lot Legal :MH LOCATED IN SPACE 1C ON AP :047-190-06 Census :Tract:628.00 Block:l .............. ........ Bedrooms Bldg SgFt Bathrooms Stories Total Rms Fireplace Air Cond :No Garage Type Heating Pool :No :---- ----- -- ------ -- -- -- - -- - - * Parcel :047 190 06 Land :$9,773,747 Struct :$283,502 Other Total :$10,057,249 Exempt Type % Impry :3 % owned :100 TaxArea :07001 04-05 Tx :$3,450.00 Phone MapGrid :918 H1 YearBuilt Lot Acres Lot SgFt Units :3 Spa :----------------------------* Parcel :890 230 02 Land Struct Other :$19,471 Total :$19,471 Exempt :$7,000 Type :Homeowners % Impry % owned TaxArea :07901 04-05 Tx :$130.54 Phone MapGrid :918 H1 YearBuilt Lot Acres Lot SgFt Units Spa ---------------------------- Parcel :890 230 03 Land Struct Other :$9,161 Total :$9,161 Exempt :$7,000 Type :Homeowners % Impry % Owned TaxArea :07901 04-05 Tx :$22.62 Phone MapGrid :918 H1 YearBuilt Lot Acres Lot SgFt Units Spa l farntation compiledj•om various sources, Real Estate Solutions nraltw no representations or warrmaies as to the accuracy a• complete»ess of Information contained lit this repor t. *---- 4------------------------ ,: MetroScan / Orange owner :Racine Phyllis Trust CoOwner Site :1770 W Balboa Blvd Newport Beach 92663 Mail :1770 W Balboa Blvd 92A Newport Beach Ca 92663 %fered :05/14/2004 Doc # :433042 rice Te�*.CHo, D^ft Deed :Grant Deed LoanAmt z/24/zoo+ Loan VestTyp :Trust\trustee IntTy Lender LandUse :72 Res,Mobile Home Park Legal :TR 234 LOT 1 ELK 116', AND LOT 13 ELK :116 ALL OF LOTS -INC ABAN STS & :ALLEY ADJ-(AND LOTS 2 TO 12 INC ... Census :Tract:628.00 Block:l ............. ............. Bedrooms Bldg SgFt Bathrooms (Stories :1 Total Rms !Fireplace Air Cond :No Garage Type Heating Pool :No *-----------------------------: MetroScan / Orange Owner :Minky Arthur J CoOwner Site :1770 W Balboa Blvd #�1�B Newport Beach 92663 Mail :1770 W Balboa Blvd #I1B Newport Beach Ca 92663 Xfered :08/01/1989 Doc # Price Deed LoanAmt Loa VestTyp Int,Ty Lender LandUse :71 Res,Mobile Home Lot Legal :MH LOCATED IN SPACE 1B ON AP :047-190-06 <.. ensus ;Tract:628.00 Block:1 ............. Bedrooms Bldg SgFt Bathrooms Stories Total Rms Fireplace Air Cond :No Garage Type Heating Pool :No *-----------------------------: MetroScan / Orange Owner :Albert Irwin CoOwner Site :1770 W Balboa Blvd #1C Newport Beach 92663 Mail :1770 W Balboa Blvd #]IC Newport Beach Ca 92663 Xfered :02/28/1987 Doc'# Price Deed LoanAmt Loan VestTyp IntTy Lender LandUse :71 Res,Mobile Home Lot Legal :MH LOCATED IN SPACE 1C ON AP :047-190-06 Census :Tract:628.00 Block:l ............. ............. Bedrooms Bldg SgFt Bathrooms Stories Total Rms Fireplace Air Cond :No Garage Type Heating Pool :No -- --- ------ --- -- ---------* Parcel : 047 190 06 call o +10C co„p.,y Land :$9,773,747 Struct : $283, 502 A -me 4o 4%K cr.+4 Other dead. Total :$10,057,249 Exempt Type Impry :3 g Owned :100 TaxArea :07001 04-05 Tx :$3,450.00 Phone MapGrid :918 H1 YearBuilt Lot Acres Lot SgFt Units :3 Spa :----------------------------* Parcel :890 230 02 E Land Struct Other :$19,471 Total :$19,471 Exempt :$7,000 Type :Homeowners Impry Owned TaxArea :07901 04-05 Tx :$130.54 Phone MapGrid :918 H1 . YearBuilt Lot Acres Lot SgFt Units Spa '----------------------------* Parcel :890 230 03 Land Struct Other :$9,161 Total :$9,161 Exempt :$7,000 Type :Homeowners -% Impry % Owned TaxArea :07901 04-05 Tx :$22.62 Phone MapGrid :918 H1 YearBuilt Lot Acres Lot SgFt Units Spa Information comptled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. 7 K `8aE6k+° '""'"m PORSE//9, NE//I SEG.33, US,RIOW. 47-19 + • •AIM US' If ILR ,IRIXL m m irn _ PALBOA SONLEYARO t ?.,Co. MARON 1-90 5W.. a, NOWN7 BEACH 7R NA PSI 20 ME - ASSESSOR'S BLOQNB ARM. 447 A4ve& AVNSERS MM 47-SB-37 SHOWN IN CIRCLES ^kF ASSE9SON'B MAP Y BOON 47 PAGE OOBN7Y OF ORAA NGE 11:42:40 AM 09/22/2005 Services The front of this Municipal Services Statement can contain charges for one or more services provided by'the City of Newport Beach. Those included in your billing will be listed under the "Service" column. A brief description of the services that maybe included on your statement is provided below. Additional information is available 24 hours a day by calling the City's Virtual FAQ's at (949) 644-3211 and entering the four digit number indicated in parenthesis. • WATERSVC - Water Service —This fixed charge assessed on each water connection is to maintain the water delivery system to your property and is assessed whether or not there is water usage. (FAQ #2294) • SEWERSVC - Sewer Service —This fixed charge assessed on each sewer connection is to maintain the sanitary sewer system to your property and assessed whether or not there is water usage. (FAQ #2294) • WATERUSE - Water Use —This charge is based on the amount of water (measured in Hundred Cubic Feet, HCF) registered by the water meter during the period of time described in the "DESCRIPTION/READING" column. • SEWERUSE - Sewer Use —This charge is based on the amount of water (measured in HCF's) registered by the water meter and is charged at a reduced rate from water. • MULTI -UNIT —If your property contains multiple units (duplex, apartments, hotel, hospital) and these units arc serviced by a single meter, a fixed fee is charged for each additional residential living unit attached to the meter. • RECYCLE -Recycle—This ,fixed charge is assessed on all properties that receive refuse collection from the City to pay for third party recycling. The cost of this process is apportioned to each property in an equal amount. The City does not charge for refuse collection. • OTHAGNCY - Other Agency Fees —This fixed charge assessed on all propertics/meters connected to the water system is paid to seven other agencies for water quality management, testing and land lease of wells and pump stations. • ESTABFEE - Establishment Fee —This fixed charge is assessed when service is established in a customer's name or changed from a tenant's name back into the owner's name. (FAQ #2320) • FIREMEDC- Fire Medic —This voluntary membership service provides valuable Paramedic services with no out-of- pocket cost to the subscriber. Members are covered at their home and everywhere else in the City. (FAQ #1526) • MOORING - Mooring —This permit fee is assessed on customers who have on -shore or offshore moorings and is based on the size of the mooring. (FAQ #1862). • PIERS - Piers —This fixed permit fee is for customers with residential piers. (FAQ #1870) • LEASE— Leases —This service is for customers who lease City owned property. • TRANSFERRED DEBT— Unpaid balances on an account in your name that is delinquent for period greater than 90 days. These accounts can include prior MSS billings, alarms, administrative citations, encroachments, parking tickets, moorings, and damage to city;property. These delinquencies can be transferred to your active MSS account. MEM Payment can be made using your credit card via phone by calling 949-718-1999, or via the Internet at www.city.newnort-beach.ca.us (click On -Line Services, Bill Payment), our AutomatIc-Payment Program, in person at City Hall (bring your payment stub), or by mail using the return envelope enclosed with this mailing. Newport Beach Municipal Code establishes a late penalty if payment is not received by the City on the date due. The due date on the face of this statement is the last day payment may be received in our office without the risk of penalty. The City is not responsible for mail delays or on-line banking service delays. Failure to pay the amount shown on this statement could result in water service being discontinued. Use of the Automatic Payment Program eliminates late payments and penalties and ensures your payment while on vacation or out of town. To participate in the Automatic Payment Program call (949) 644-3121 for an enrollment form or sign up via the web at www.autopayments.com/newportbeach, 1. Fire Medic Membership 949-644-3383 2. High Water Consumption/Leaks 949-644-3011 3, Recycling/Refuse Service 949.644-3066 4. Municipal Services Billing 949-644-3050 5. Payment Questions 949-644-3121 6. Automatic.Payment Program 949-644-3121 7. Moorings, Piers, Encroachments 949-644-3141 8. Water Rebate Program 800-954-4344 9. Retiree Insurance 949-644-3310 10. Balboa Yacht Basin 949-673-1761 Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California 92663 Office Hours: Monday to Thursday 7:30 AM to 5:30 PM, Friday 7:30 AM to 5:00 PM 0 0 MARINA PARK PROPERTY TAX FEES PAID BY THE CITY OF NEWPORT BEACH (ORANGE COUNTY SANITATION DISTRICT SEWER LINES) PARCEL NUMBER: 047-190-06 Tax Year Amount Paid By City of Newport Beach 19954996 $3,483.00 1996-1997 $3,483.00 1997-1998 $3,483.00 1998-1999 $2,535.00 1999-2000 $2,625.00 2000-2001 $2,340.00 2001-2002 $2,400.00 2002-2003 $2,625.00 2003-2004 $3,000.00 2004-2005 $3,450.00 $29,424.00 0 STATE OF CALIFORNIA - IWARTMENT OF HOUSING AND (04MUNITY DEVELOPMENT _ REGISTRATION CARD Manufactured Home Decal No: AAR3776 Manufacturer ID/Name Trade Name Model DOM DFS RV7$44plaOndn SKYLINE SKYLINE 00100/1971 05/01/1971 197 Serial Number Labeglnsignia Number Weight Length Width SPC SCC Exempt 30 SCS11954XX 478431 2. 10, ACID SCS11954XXU 478432 48' 10, Issued Aug l 1, 2004 Addressee CITY OF NEWPORT BEACH 3300 NEWPORT BL NEWPORT BEACH, CA 92663 Registered Owner(s) CITY OF NEWPORT BEACH 3300 NEWPORT BL NEWPORT BEACH, CA 92663 Situs Address 1770 W BALBOA BLVD 2E NEWPORT BEACH, CA 92663 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww ATTENTION OWNER: THIS IS THE REGISTRATION CARD FOR THE UNIT DESCRIBED ABOVE. PLEASE KEEP THIS CARD IN A SAFE PLACE WITHIN THE UNIT. INSTRUCTIONS FOR RENEWAL: REGISTRATION FOR THIS UNIT EXPIRES ON THE DATE INDICATED ABOVE IN THE BOX LABELED "Exp. Date". THERE ARE SUBSTANTIAL PENALTIES FOR DELINQUENCY. IF YOU DO NOT RECEIVE A RENEWAL NOTICE WITHIN 10 DAYS PRIOR TO THE EXPIRATION DATE, CONTACT H.C.D. FOR RENEWAL INSTRUCTIONS. wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww ati-tl i- , I. 'PIS W. Evelq ri, Plea& - Pe ; ft)d t "Q k I < ' IV� IMPORTANT THE OWNER INFORMATION SHOWN ABOVE MAY NOT REFLECT ALL LIENS RECORDED WITH THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AGAINST THE DESCRIBED UNIT. THE CURRENT TITLE STATUS OF THE UNIT MAY BE CONFIRMED THROUGH THE DEPARTMENT. DIN: 3413206 R 08112004- 228 Y 0 0 CITY OF NEWPORT BEACH Office of the City Attorney Confidential Memo TO: Tod Ridgeway; John Heffernan; Homer Bludau FROM: Robert Burnham RE: Marinapark Resort/Lease Issues DATE: June 2, 2004 This memo summarizes some of the issues that arose during the negotiations preliminary to City Council approval of a new Balboa Bay Club lease. Given the differences between BBC and Marinapark some of the issues are marginally relevant but most of the key discussion points during BBC talks are likely to be issues that we need to address with Marinapark. The following is a brief summary of the issues that I believe the Committee may wish to consider. I do 1. Tidelands — BBC had/has private club and residential uses that were inconsistent with tideland trust limitations and which we addressed through legislation. The Marinapark Resort proposes uses consistent with tidelands but at least one existing use on site — the community center/girl scout facility) that is proposed to be redeveloped by STH — is not consistent. Curtis Fossum has tentatively agreed that a certain percentage of the site — undefined and undifferentiated —can be developed with "upland" uses. 2. Option — BBC was given a 5 year option to lease with annual option payments and conditions to the exercise of the option. We can go the option route or simply make the lease contingent on satisfaction of conditions such as obtaining all permits, final plans, financing etc. etc. 3. Term - BBC was given a 50 year lease commencing on exercise of a 5 year option. The City has not granted leases longer than 50 years although I think that we probably have the authority to grant a longer lease. 4. Base Rent — BBC pays $1.1 million as base rent. This sum reflects a "lease advantage" that BBC enjoyed at the time of negotiations but seems to be a good benchmark for the Marinapark Resort given its relatively small size and the fact that BBC was an ongoing business with lots of revenue sources — the apartments, marina, club etc. etc. 5. Percentage Rent — Again, the BBC percentages are, based on my understanding, appropriate for the Marinapark Resort. 6. Assignment - The BBC lease allows assignment to experienced hotel operators with a threshold net worth but requires City consent with respect to other transfers or assignment. In my opinion, restrictions on assignment are even more important for the Marinapark lease given the purported 5 star rating. 7. Sale/Transfer - The BBC lease gives the City a relatively small percentage (I think it is 20 %) of any profit derived by the "developer" in the event of any transfer within a given period of time (I think it is 5 years). We should have a similar provision - with possibly a greater percentage and a longer period of time during which the sharing provision is effective. 8. Quality - We spent a lot of time with BBC arguing over the standard of quality relative to construction and FFE. We came up with a "Marriott" standard and obviously the Marinapark resort lease will hold them to an even higher standard. 9. Construction - We have relatively good language in the BBC lease regarding payment and performance bonds but I would like to establish clearer milestones and make other adjustments. 10. Uses - STH wants the ability to develop 12-14 of the rooms as fractional ownership or residence club units. The lease should clearly state the maximum number of those units, control the number of folks brought the site for marketing, ensure that the City receives full TOT from each "timeshare" unit and receives full TOT from any room that is discounted for marketing purposes. 11. Improvements - the lease will be a good vehicle for the City to ensure that the public amenities... boardwalk, gathering place, etc. etc. are designed, built and maintained with the public in mind. 12. Related Activities - STH has incorporated kids sailing programs and related stuff in their plan and the lease will serve as the vehicle for ensuring the STH participation in that and other programs the City Council may want to undertake from the property. 13. Adjacent/Related Improvements - the Committee will want to assess the extent to which the lease confirms STH commitments to advance funds to implement the American Legion improvements and rebuild the community center/Girl Scout facility. Ate. e�+v+�d h� adckd 41 -Pv wt of r 7r• Robert Burnham FYw KM k127/04- MARINA PARK Account # Meter Size Account Type Multi Units Water Sery Sewer Sery Other Aov 0852360 2.0 Multi 5 $ 24.50 $ 47.20 0.87 0852380 1.5 Sprinkler $ 11.00 0.87 0852400 2.0 Multi 5 $ 24.50 $ 47.20 0.87 0852420 1.5 Multi 5 $ 24.50 $ 47.20 0.87 0852440 2.0 Multi 5 $ 24.50 $ 47.20 0.87 0852460 2.0 Multi 5 $ 24.50 $ 47.20 0.87 0852480 2.0 Multi 3 $ 20.50 $ 39.20 0.87 0852500 2.0 Sprinkler $ 14.50 0.87 0852520 2.0 Multi 5 $ 24.50 $ 47.20 0.87 0852540 2.0 Multi 5 $ 24.50 $ 47.20 0.87 0852600 2.0 Multi 5 $ 24.50 $ 47.20 0.87 0852640 2.0 Sprinkler $ 14.50 0.87 0852650 2.0 Multi 5 $ 24.50 $ 47.20 0.87 0852660 2.0 Multi 5 $ 24.50 $ 47.20 0.87 0852680 2.6 Multi 5 $ 24.50 $ 47.20 0.87 0852700 2.0 Sprinkler $ 14.50 0.87 Consumption Sewer Use Water Use Total Charges 19 $ 4.75 $ 38.00 $ 115.32 51 $ 102.00 $ 113.87 50 $ 12.50 $ 100.00 $ 185.07 30 $ 7.50 $ 60.00 $ 140.07 29 $ 7.25 $ 58.00 $ 137.82 76 $ 19.00 $ 152.00 $ 243.57 65 $ 16.25 $ 130.00 $ 206.82 49 $ 98.00 $ 113.37 20 $ 5.00 $ 40.00 $ 117.57 31 $ 7.75 $ 62.00 $ 142.32 48 $ 12.00 $ 96.00 $ 180.57 8 $ 16.00 $ 31.37 58 $ 14.50 $ 116.00 $ 203.07 93 $ 23.25 $ 186.00 $ 281.82 33 $ 8.25 $ 66.00 $ 146.82 21 $ 5.25 $ 42.00 $ 62.62 $ 344.50 $ 558.40 $ 13.92 681.00 $ 143.25 $ 1,362.00 $ 2,422.07 `"Based on consumption for the meter reading period 12/02/03 to 02/02/04 12 Months Cons Amt Fixed $ Sewer Use$ Water Use S Total Jun-03 1135 $ 916.82 $ 283.75 $ 2,270.00 $ 3,470.57 Aug-03 1204 $ 916.82 $ 301.00 $ 2,408.00 $ 3,625.82 Oct-03 1317 $ 916.82 $ 329.25 $ 2,634.00 $ 3,880.07 Dec-03 1096 $ 916.82 $ 274.00 $ 2,192.00 $ 3,382.82 • Feb-04 704 $ 916.82 $ 176.00 $ 1,408.00 $ 2,500.82 Apr-04 681 $ 916.82 $ 170.25 $ 1,362.00 $ 2,449.07 12 Month Total: $19,309.17 MARINA PARK Account # Meter Size Account Tvpe Multi Units Water Sery Sewer Sery Other Aov Consumption Sewer Use Water Use Total Charges 0852360 2.0 Multi 5 $ 44.50 $ 27.20 0.87 35 $ 8.75 $ 70.00 $ 151.32 0852380 1.5 Sprinkler $ 11.00 52 $ 104.00 $ 115.00 0852400 2.0 Multi 5 $ 44.50 $ 27.20 0.87 36 $ 9.00 $ 72.00 $ 153.57 0852420 1.5 Multi 5 $ 44.50 $ 27.20 0.87 29 $ 7.25 $ 58.00 $ 137.82 0852440 2.0 Multi 5 $ 44.50 $ 27.20 0.87 27 $ 6.75 $ 54.00 $ 133.32 0852460 2.0 Multi 5 $ 44.50 $ 27.20 0.87 82 $ 20.50 $ 164.00 $ 257.07 0852480 2.0 Multi 3 $ 20.50 $ 19.20 0.87 44 $ 11.00 $ 88.00 $ 139.57 •0852500 0852520 2.0 2.0 Sprinkler Multi 5 $ $ 14.50 44.50 $ 27.20 0.87 47 29 $ 7.25 $ $ 94.00 58.00 $ $ 108.50 137.82 0852540 2.0 Multi 5 $ 44.50 $ 27.20 0.87 48 $ 12.00 $ 96.00 $ 180.57 0852600 2.0 Multi 5 $ 44.50 $ 27.20 0.87 44 $ 11.00 $ 88.00 $ 171.67 0852640 2.0 Sprinkler $ 14.50 90 $ 180.00 $ 194.50 0852650 2.0 Multi 5 $ 44.50 $ 27.20 0.87 61 $ 15.25 $ 122.00 $ 209.82 0852660 2.0 Multi 5 $ 44.50 $ 27.20 0.87 88 $ 22.00 $ 176.00 $ 270.67 0852680 2.0 Multi 5 $ 44.50 $ 27.20 0.87 50 $ 12.50 $ 100.00 $ 185.07 0852700 2.0 Sprinkler $ 14.50 23 $ 5.75 $ 46.00 $ 66.25 $ 1,570.00 $ 2,612.34 `*"Based on consumption for the meter reading period 12/02/03 to 02/02/04 Qo bifl 'iY Nrilsr f�ffeG� 7 �' Nt _7' t�/ w r • N6}V /9eJ¢rC drC� CA Codes (civ:798.30-798.44) Page 1 of 7 CIVIL CODE SECTION 798.30-798.44 798.30. The management shall give a homeowner written notice of any increase in his or her rent at least 90 days before the date of the increase. 798.31. A homeowner shall not be charged a fee for other than rent, utilities, and incidental reasonable charges for services actually rendered. A homeowner shall not be charged a fee for obtaining a lease on a mobilehome lot for (1) a term of 12 months, or (2) a lesser period as the homeowner may request. A fee may be charged for a lease of more than one year if the fee is mutually agreed upon by both the homeowner and management. 798.32, (a) A homeowner shall not be charged a fee for services actually rendered which are not listed in the rental agreement unless he or she has been given written notice thereof by the management, at least 60 days before imposition of the charge. (b) Those fees and charges specified in subdivision (a) shall be separately stated on any monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is amortized for a specified period, the expiration date shall be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge is billed to the homeowner. 798.33. (a) No lease agreement entered into, modified, or renewed on or after January 1, 2001, shall prohibit a homeowner from keeping at least one pet within the park, subject to reasonable rules and regulations of the park. This section may not be construed to affect any other rights provided by law to a homeowner to keep a pet within the park. (b) A homeowner shall not be charged a fee for keeping a pet in the park unless the management actually provides special facilities or services for pets. If special pet facilities are maintained by the management, the fee charged shall reasonably relate to the cost of maintenance of the facilities or services and the number of pets kept in the park. (c) For purposes of this section, "pet" means any domesticated bird, cat, dog, aquatic animal kept within an aquarium, or other animal as agreed to between the management and the homeowner. 798.34. (a) A homeowner shall not be charged a fee for a guest who does not stay with him or her for more than a total of 20 consecutive days or a total of 30 days in a calendar year. A person who is a guest, as described in this subdivision, shall not be required to register with the management. (b) A homeowner who is living alone and who wishes to share his or http://www.leginfo.ca.gov/cgi-binldisplayeode?section=civ&group=00001-01000&file=7... 04/12/2004 CA Codes (civ:798.30-798.44) Page 2 of 7 her mobilehome with one person may do so, and a fee shall not be imposed by management for that person. The person shall be considered a guest of the homeowner and any agreement between the homeowner and the person shall not change the terms and conditions of the rental agreement between management and the homeowner. The guest shall comply with the provisions of the rules and regulations of the mobilehome park. (c) A senior homeowner may share his or her mobilehome with any person over 18 years of age if that person is providing live-in health care or live-in supportive care to the homeowner pursuant to a written treatment plan prepared by the homeowner's physician. A fee shall not be charged by management for that person. That person shall have no rights of tenancy in the park, and any agreement between the homeowner and the person shall not change the terms and conditions of the rental agreement between management and the homeowner. That person shall comply with the rules and regulations of the mobilehome park. As used in this subdivision, "senior homeowner" means a homeowner who is 55 years of age or older. (d) A senior homeowner who resides in a mobilehome park that has implemented rules or regulations limiting residency based on age requirements for housing for older persons, pursuant to Section 798.76, may share his or her mobilehome with any person over 18 years of age if this person is a parent, sibling, child, or grandchild of the senior homeowner and requires live-in health care, live-in supportive care, or supervision pursuant to a written treatment plan prepared by a physician and surgeon. Management may not charge a fee for this person. Any agreement between the senior homeowner and this person shall not change the terms and conditions of the rental agreement between management and the senior homeowner. Unless otherwise agreed upon, park management shall not be required to manage, supervise, or provide for this person's care during his or her stay in the mobilehome park. This person shall have no rights of tenancy in the park, but shall comply with the rules and regulations of the mobilehome park. A violation of the mobilehome park rules and regulations by this person shall be deemed a violation of the rules and regulations by the homeowner pursuant to subdivision (d) of Section 798.56. As used in this subdivision, "senior homeowner" means a homeowner who is 55 years of age or older. 798.35. A homeowner shall not be charged a fee based on the number of members in his or her immediate family. As used in this section, the "immediate family" shall be limited to the homeowner, his or her spouse, their parents, their children, and their grandchildren under 18 years of age. 798.36. A homeowner shall not be charged a fee for the enforcement of any of the rules and regulations of the park, except a reasonable fee may be charged by management for the maintenance of the land and premises upon which the mobilehome is situated in the event the homeowner fails to do so in accordance with the rules and regulations of the park after written notification to the homeowner and the failure of the homeowner to comply within 14 days. The written notice shall state the specific condition to be corrected and an estimate of the charges to be imposed by management if the services are performed by management or its agent. http://www.leginfo.ca.govlcgi-binldisplaycode?section=civ&group=00001-01000&file=7... 04/12/2004 CA Codes (civ:798.30-798.44) Page 3 of 7 0 798.37. A homeowner shall not be charged a fee for the entry, installation, hookup, or landscaping as a condition of tenancy except for an actual fee or cost imposed by a local governmental ordinance or requirement directly related to the occupancy of the specific site upon which the mobilehome is located and not incurred as a portion of the development of the mobilehome park as a whole. However, reasonable landscaping and maintenance requirements may be included in the park rules and regulations. The management shall not require a homeowner or prospective homeowner to purchase, rent, or lease goods or services for landscaping from any person, company, or corporation. 798.37.5. (a) With respect to trees on rental spaces in a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of any tree, and the costs thereof, upon written notice by a homeowner or a determination by park management that the tree poses a specific hazard or health and safety violation. In the case of a dispute over that assertion, the park management or a homeowner may request an inspection by the Department of Housing and Community Development or a local agency responsible for the enforcement of the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 3 of the Health and Safety Code) in order to determine whether a violation of that act exists. (b) With respect to trees in the common areas of a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of any tree, and the costs thereof. (c) Park management shall be solely responsible for the maintenance, repair, replacement, paving, sealing, and the expenses related to the maintenance of all driveways installed by park management including, but not limited to, repair of root damage to driveways and foundation systems and removal. Homeowners shall be responsible for the maintenance, repair, replacement, paving, sealing, and the expenses related to the maintenance of a homeowner installed driveway. A homeowner may be charged for the cost of any damage to the driveway caused by an act of the homeowner or a breach of the homeowner's responsibilities under the rules and regulations so long as those rules and regulations are not inconsistent with the provisions of this section. (d) No homeowner may plant a tree within the mobilehome park without first obtaining written permission from the management. (e) This section shall not apply to alter the terms of any rental agreement in effect prior to January 1, 2001, between the park management and the homeowner regarding the responsibility for the maintenance of trees and driveways within the mobilehome park, except that upon any renewal or extension, the rental agreement shall be subject to this section. This section is not intended to abrogate the content of any existing rental agreement or other written agreements regarding trees or driveways that are in effect prior to January 1, 2001. (f) This section shall only apply to rental agreements entered into, renewed, or extended on or after January 1, 2001. (g) Any mobilehome park rule or regulation shall be in compliance with this section. 798.38. Where the management provides both master meter and http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=00001-01000&file=7... 04/12/2004 CA Codes (civ:798.30-798.44) Page 4 of 7 • • submeter service of utilities to a homeowner, for each billing period the cost of the charges for the period shall be separately stated along with the opening and closing readings for his meter. The management shall post in a conspicuous place, the prevailing residential utilities rate schedule as published by the serving utility. 798.39. (a) The management may only demand a security deposit on or before initial occupancy and the security deposit may not be in an amount or value in excess of an amount equal to two months' rent that is charged at the inception of the occupancy, in addition to any rent for the first month. In no event shall additional security deposits be demanded of a homeowner following the initial occupancy. (b) As to all security deposits collected on or after January 1, 1989, after the homeowner has promptly paid to the management, within five days of the date the amount is due, all of the rent, utilities, and reasonable service charges for any 12-consecutive-month period subsequent to the collection of the security deposit by the management, or upon resale of the mobilehome, whichever occurs earlier, the management shall, upon the receipt of a written request from the homeowner, refund to the homeowner the amount of the security deposit within 30 days following the end of the 12-consecutive-month period of the prompt payment or the date of the resale of the mobilehome. (c) As to all security deposits collected prior to January 1, 1989, upon the extension or renewal of the rental agreement or lease between the homeowner and the management, and upon the receipt of a written request from the homeowner, if the homeowner has promptly paid to the management, within five days of the date the amount is due, all of the rent, utilities, and reasonable service charges for the 12-consecutive-month period preceding the receipt of the written request, the management shall refund to the homeowner the amount of the security deposit within 60 days. (d) As to all security deposits collected prior to January 1, 1989, and not disbursed pursuant to subdivision (c), in the event that the mobilehome park is sold or transferred to any other party or entity, the selling park owner shall deposit in escrow an amount equal to all security deposits that the park owner holds. The seller' s escrow instructions shall direct that, upon close of escrow, the security deposits therein that were held by the selling park owner (including the period in escrow) for 12 months or more, shall be disbursed to the persons who paid the deposits to the selling park owner and promptly paid, within five days of the date the amount is due, all rent, utilities, and reasonable service charges for the 12-month period preceding the close of escrow. (e) Any and all security deposits in escrow that were held by the selling park owner that are not required to be disbursed pursuant to subdivision (b), (c), or (d) shall be disbursed to the successors in interest to the selling or transferring park owner, who shall have the same obligations of the park's management and ownership specified in this section with respect to security deposits. The disbursal may be made in escrow by a debit against the selling park owner and a credit to the successors in interest to the selling park owner. (f) The management shall not be required to place any security deposit collected in an interest -bearing account or to provide a homeowner with any interest on the security deposit collected. (g) Nothing in this section shall affect the validity of title to http://www.leginfo.ca.gov/cgi-binldisplaycode?section=civ&group=00001-01000&file=7... 04/12/2004 QA Codes (civ:798.30-798.44) • Page 5 of 7 real property transferred in violation of this section. 798.40. The management shall not acquire a lien or security interest, other than an interest arising by reason of process issued to enforce a judgment of any court, in a mobilehome located in the park unless it is mutually agreed upon by both the homeowner and management. Any billing and payment upon the obligation shall be kept separate from current rent. 798.41. (a) Where a rental agreement, including a rental agreement 5�(y specified in Section 798.17, does not specifically provide otherwise, the park management may elect to i a homeowner separately for utility service fees and charges assessed by the utility for services provided to or for spaces in the park. Any separately billed utility fees and charges shall not be deemed to be included in the rent charged for those spaces under the rental agreement, and shall not be deemed to be rent or a rent increase for purposes of any ordinance, rule, regulation, or initiative measure adopted or enforced by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent,.provided that at the time of the initial separate billing of any utility fees and a local rent separately billed. The amount of this reduction shall be equal to the average amount charged to the park management for that utility service for that space during the 12 months immediately preceding notice of the commencement of the separate billing for that utility service. Utility services to which this section applies are natural gas or liquid propane gas, electricity, water, cable television, garbage or refuse service, and sewer service. (b) This section does not apply to rental agreements entered into prior to January 1, 1991, until extended or renewed on or after that - date. (c) Nothing in this section shall require rental agreements to provide for separate billing to homeowners of fees and charges specified in subdivision (a). (d) Those fees and charges specified in subdivision (a) shall be separately stated on any monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is amortized for a specified period, the expiration date shall be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge is billed to the homeowner. 798.42. (a) The management shall not charge or impose upon a homeowner any fee or increase in rent which reflects the cost to the management of any fine, forfeiture, penalty, money damages, or fee assessed or awarded by a court of law against the management for a violation of this chapter, including any attorney's fees and costs incurred by the management in connection therewith. (b) A court shall consider the remoteness in time of the assessment or award against the management of any fine, forfeiture, penalty, money damages, or fee in determining whether the homeowner http://www.leginfo.ca.gov/cgi-binldisplaycode?section=civ&group=00001-01000&file=7... 04/12/2004 CA Codes (civ:798.30-798.44) • Page 6 of 7 has met the burden of proof that the fee or increase in rent is in violation of this section. (c) Any provision in a rental agreement entered into, renewed, or modified on or after January 1, 1995, that permits a fee or increase in rent that reflects the cost to the management of any money damages awarded against the management for a violation of this chapter shall be void. 798.43. (a) Except as provided in subdivision (b), whenever a homeowner is responsible for payment of gas, water, or electric utility service, management shall disclose to the homeowner any condition by which a gas, water, or electric meter on the homeowner's site measures gas, water, or electric service for common area facilities or equipment, including lighting, provided that management has knowledge of the condition. Management shall disclose this information prior to the inception of the tenancy or upon discovery and shall complete either of the following: (1) Enter into a mutual written agreement with the homeowner for compensation by management for the cost of the portion of the service measured by the homeowner's meter for the common area facilities or equipment to the extent that this cost accrues on or after January 1, 1991. (2) Discontinue using the meter on the homeowner's site for the utility service to the common area facilities and equipment. (b) on and after January 1, 1994, if the electric meter on the homeowner's site measures electricity for lighting mandated by Section 18602 of the Health and Safety Code and this lighting provides lighting for the homeowner's site, management shall be required to comply with subdivision (a). 798.43.1. (a) The management -of a master -meter park shall give written notice to homeowners and residents on or before February 1 of each year in their utility billing statements about assistance to low-income persons for utility costs available under the California Alternate Rates for Energy (CARE) program, established pursuant to Section 739.1 of the Public Utilities Code. The notice shall include CARE information available to master -meter customers from their serving utility, to include, at a minimum: (1) the fact that CARE offers a discount on monthly gas or electric bills for qualifying low-income residents; and (2) the telephone number of the serving utility which provides CARE information and applications. The park shall also post the notice in a conspicuous place in the clubhouse, or if there is no clubhouse, in a conspicuous public place in the park. (b) The management of a master -meter park may accept and help process CARE program applications from homeowners and residents in the park, fill in the necessary account or other park information required by the serving utility to process the applications, and send the applications to the serving utility. The management shall not deny a homeowner or resident who chooses to submit a CARE application to the utility himself or herself any park information, including a utility account number, the serving utility requires to process a homeowner or resident CARE program application. (c) The management of a master -meter park shall pass through the full amount of the CARE program discount in monthly utility billings http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=00001-01000&file=7... 04/12/2004 CA Codes (civ:798.30-798.44) 0 Page 7 of 7 to homeowners and residents who have qualified for the CARE rate schedule, as defined in the serving utility's applicable rate schedule. The management shall notice the discount on the billing statement of any homeowner or resident who has qualified for the CARE rate schedule as either the itemized amount of the discount or a notation on the statement that the homeowner or resident is receiving the CARE discount on the electric bill, the gas bill, or both the electric and gas bills. (d) "Master -meter park" as used in this section means "master -meter customer" as used in Section 739.5 of the Public Utilities Code. 798.44. (a) The management of a park that does not permit mobilehome owners or park tenants to purchase liquefied petroleum gas for use in the mobilehome park from someone other than the mobilehome park management shall not sell liquefied petroleum gas to mobilehome owners and tenants within the park at a cost which exceeds 110 percent of the actual price paid by the management of the park for liquefied petroleum gas. (b) The management of a park shall post in a visible location the actual price paid by management for liquefied petroleum gas sold pursuant to subdivision (a). (c) This section shall apply only to mobilehome parks regulated under the Mobilehome Residency Law. This section shall not apply to recreational vehicle parks, as defined in Section 18215 of the Health and Safety Code, which exclusively serve recreational vehicles, as defined in Section 18010 of the Health and Safety Code. (d) Nothing in this section is intended to abrogate any rights a mobilehome park owner may have under Section 798.32 of the Civil Code. (e) In addition to a mobilehome park described in subdivision (a), the requirements of subdivisions (a) and (b) shall apply to a mobilehome park where requirements of federal, state, or local law or regulation, including, but not limited to, requirements for setbacks between mobilehomes, prohibit homeowners or tenants from installing their own liquefied petroleum gas supply tanks, notwithstanding that the management of the mobilehome park permits mobilehome owners and park tenants to buy their own liquefied petroleum gas. http://www.leginfo.ca.gov/cgi-binldisplaycode?section=civ&group=00001-01000&file=7... 04/12/2004 t imessage Page 1 of 1 Oborny, Shirley From: Kiff, Dave Sent: Tuesday, March 09, 2004 7:12 PM To: Bludau, Homer; Oborny, Shirley Subject: FW: Dogs at MP FYI. It sounds like a reasonable restriction. Dave -----Original Message ----- From: Bill Mecham [mailto:bmecham@adelphia.net] Sent: Tuesday, March 09, 2004 7:00 PM To: Kiff, Dave Subject: Re: Dogs at MP Dave, Because we can. The law mandates that we allow at least one pet (dog, cat, bird or aquatic animal). We are allowed to establish reasonable limits on breeds and the size of animals. We also can mandate that they cannot keep their animals outside the home. The specter of a german Shepard, golden retriver or rotwieller being kept inside a home of 800 sq. feet is hard to accept. Consequently, we have placed limits which guarantee an animal will be of a type that can reasonably be kept constantly indoors. That's the technical part of it. We also have the problem of what happens when a large dog gets out. We have a very small space around our homes. Even a small dog loose can cause a problem or frighten someone. Imagine the walkway between the C,D and E homes where there is less than 5 feet and the presence of a german shepard. That is why we have the limit. BILL (unless you want it changed) ----- Original Message ----- From: Kiff. Dave To: Bill Mecham (bmechamCa)adelphiamet) Sent: Tuesday, March 09, 2004 6:50 PM Subject: Dogs at MP Why do we have that 18" and 23 Ibs restriction? 03/10/2004 k 0 Oborny, Shirley From: Kiff, Dave Sent: Tuesday, March 09, 2004 3:01 PM To: Oborny, Shirley Subject: FW: Marinapark - Dog Issue Shirl -- is there something in the lease that says they can't have dogs? -----Original Message ---- From: Bludau, Homer Sent: Tuesday, March 09, 2004 2:58 PM To: Kiff, Dave Subject: FW: Marinapark - Dog Issue Dave, this is a young man, a UCI student, who lives in Marina Park and asked me last Thursday night about a dog issue that he has. Can you shed any light on dog regulations for the park residents? Thanks. Homer -----Original Message ----- From: Arons-M05, David [mailto:darons05@gsm.uci.edu] Sent: Tuesday, March 09, 2004 1:32 PM To: hbludau@city.newport-beach.ca.us Subject: Marinapark - Dog Issue Homer It was very nice of you to take the time to come and speak to our class. To be honest I got more out of your speaking than most of the other class material. I realize that you are very busy, and that my issue will rank very low on your priority list. However, I appreciate the opportunity to write you about it. As I mentioned on Thursday night, I don't quite understand why I am not allowed to have my dog while living in the Marinapark. The current rule that the city has in place is that a dog over 23 Yz pounds is not allowed. I am no expert in the field but my personal experience would lead me to believe that the weight of a dog will not influence how loud or aggressive a dog is. I have talked to the manager and the only answer that he has for me is that it is a rule the city established and he must enforce it. I can't imagine a similar situation in which a person's weight would determine whether or not they can be a resident, so I do not understand why it should apply to dogs. To me, and those that I have talked to, the rule should be either that dogs are allowed or not allowed, regardless of weight. I appreciate you taking the time to read this. Please let me know if there is any action I should take or anyone else that I should contact. Thanks, David FETAGREEMENT -- Due to the nature of Mobilehome Park living, the following rules have been established for keeping a pet in you home. 1. Written permission is required before you may keep a pet in this park. Proof of inoculation, a copy of the license and a picture must be supplied to the manager within seven (7) days. 2. Any pet not inside you Mobilehome or contained within a fenced yard must be kept on a leash and someone must be attendance of the pet at times. 3.Only one pet is permitted. The pet at maturity can not exceed 25 pounds or 18 inches at the shoulders. 4. Guests and visitors are not permitted to bring pets into the park. Inform them to make other arrangements for their pet. 5. Pets are not permitted to be walked in the park and are not allowed in the common areas. 6. Fences or enclosures for the purpose of containing a pet are not permitted. 7. Barking, growling, snarling and other noises, which disturb other residents, may result in revocation of permission to keep your pet. 8. You are responsible for complying with all applicable state, city, and county requirements with respect to licensing, vaccinations and leash laws. 9. You are responsible for any damage to property, waste caused by your pet and any disturbances or annoyances caused within the park. 10. We encourage pets to be spayed or neutered However, in the event of offspring, the park management must be notified and written permission must be obtained for the offspring to stay in the park for an intern period. 11. Violation of any of these Hiles is cause for revoking permission to keep a pet in the park. PERMISSION IS GRANTED ONLY FOR THE PET LISTED BELOW. WRITTEN PERMISSION IS REQUIRED BEFORE AN ADDITIONAL OR REPLACEMENT PETS OBTAINED. NAME OF PET: TYPEIBREED: COLOR: WEIGHT: I have read the above rules and understand that any violation may result in the revocation of my privilege to keep a pet. Resident Manager Date Space No. Date 0 April 1, 2003 CITY OF NEWPORT BEACH Mr. Bill Mecham 1770 West Balboa Boulevard' Newport Beach, California 92663 Dear Bill: I would be interested in reviewing a proposal from you and/or a firm you direct to manage the City's Marinapark facility at 1770 West Balboa Boulevard. Such a proposal should include, but not be limited to: • Management start date and term of agreement; • Pricing based on rental income; and • Specifics of park management, including on- or off -site management staff. Please forward any proposal directly to me. Thank you. Sincerely, DAVE KIFF Assistant City Manager cc: Homer Bludau, City Manager ; Robin Clauson, Assistant City Attorney City Hall • 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659-1768 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 19 February 10, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Sharon Wood, Assistant City Manager 644-3222, swood@citv.newport-beach.ca.us Robert Burnham, City Attorney 644-3131, rburnham@city.newport-beach.ca.us SUBJECT: Marinapark Resort and Community Plan APPLICANT NAME: Marinapark LLC (Formerly Sutherland Talla Hospitality) ISSUE: Provide information on the Marinapark Resort and Community Plan (Project).. RECOMMENDATION: Receive and file. DISCUSSION: Council Member Heffernan has asked for a "schedule of reports and public input opportunities for the Marinapark Hotel' and what "the vote in November 2004 will mean." Since the redevelopment of Marinapark has been discussed many times in the last seven years, staff has prepared a chronology that may help put this Project in perspective and help the public better understand the issues. Staff has also listed the Marinapark reports that will be available to the public, the opportunities for input and the significance of the measure that will be on the November 2004 ballot. Chronology 1997 - The State Lands Commission staff advised the City that Marinapark is primarily tidelands and that permanent residential use of the parcel is inconsistent with tideland trust restrictions. The City Council also received a Keyser Marston revenue study that concluded a hotel use on the bayfront and residential uses on Balboa Blvd. would provide the highest economic return to City. The City Council directed staff to discuss the tidelands issue with State Lands Commission staff, to begin negotiations with American Legion on a new lease for that parcel and to prepare an RFP for the remainder of Marinapark. The Finance Committee considered the best way to determine developer interest in a redevelopment project, and approved a two-phase process - Request for Qualifications (RFQ) followed by more detailed Request for Proposals (RFP) issued to qualified parties. The City Council deferred the RFQ/RFP process pending further discussion with State Lands Commission staff regarding the tidelands boundary. w el Marinapark Resort and Community Plan February 10, 2004 Page 2 1999 - The Economic Development Committee and City Council received a presentation on hotel redevelopment by Sutherland Talla Hospitality. The City Council directed staff to request proposals from all potential re -developers and to continue tidelands boundary discussions with the State Lands Commission staff. The City Council approved the form and content of the RFP and staff issued the RFP. e 2000 - The City received 8 responses to the RFP including proposals from STH, the American Legion and the PB&R Commission. The City, Council, at noticed meetings, received representations from some of those who had submitted proposals and public input. The City Council directed staff to prepare an economic analysis of the proposals and prepare a relocation impact report for the mobilehome park. After review and consideration of the proposals and the economic analysis, the City Council requested more information from Terra Vista, American Legion, Ayres Group and STH. After extensive discussion and public input, City Council approved an agreement designating STH as the sole entity with which the City will participate regarding any redevelopment of Marinapark. 2001 - STH submitted a Draft Project Description (DPD) required by the Agreement and the City conducted a community forum on the DPD to obtain public input. STH engaged in public outreach and worked with the American Legion and the Girl Scouts. 2002 - STH submitted a Modified DPD, which excluded the American Legion site from the Project. The City Council initiated the General Plan and Zoning amendments that would, if approved, change the designation from "recreational and environmental open space" to "recreation and marine commercial." The City Council also approved rminor amendments to the Agreement that conformed the date for initiation of the environmental review process with the date that "Planning Documents" are submitted. The City Manager approved agreements with Hogle Ireland, Inc. to provide contract planning and project management services and with Michael Brandman Associates (MBA) for preparation of an Initial Study, with all costs paid by STH. 2003 - STH submitted Planning Documents and, in response to public input, revised the site plan/floor plans for a 110-room resort with related public and community improvements. The City Council appointed an ad hoc committee to review modifications to the Project description and the Agreement. The Council then accepted the ad hoc committee recommendations to amend the Agreement, to approve the Project description solely for purposes of CEQA compliance, and to submit the Project to the voters in November 2004. The City Council appointed a committee to discuss possible terms of a lease, if the Project receives all permits, so the public will know what to expect in terms of revenue. The City Council also approved an agreement with MBA for preparation of an EIR. Marinapark Resort and Community Plan February 10, 2004 Page 3 The Recent Past and the Future The following describes the studies and reports being prepared and the numerous opportunities for public input that have occurred or will occur in the near future. • A Notice of Preparation (NOP) of the EIR was prepared and available for public review from October 14 to November 13, 2003. • A scoping session was held on October 29, 2003 and the Environmental Quality Affairs Committee (EQAC) reviewed the NOP on November 17, 2003. • Notice of Completion and Draft EIR will be released in April 2004 and public comments will be accepted during the 45-day "public review" period. • EQAC will review the Draft EIR at a noticed public meeting during the 45- day public review period. • The Planning Commission will begin its review of the Project at regularly noticed meetings beginning in April or May. • The City Council will discuss, at a regularly noticed meeting, committee recommendations regarding lease terms and conditions. • The City Council will discuss, at a regularly noticed meeting in May or June, the fiscal impact analysis of the Project; • The Planning Commission will conduct hearings on the Project during regularly noticed meetings in June and/or July • The City Council will conduct hearings on the Project during regularly noticed meetings in June and/or July. • Assuming EIR certification, the City Council will consider, at a regularly noticed meeting in July, a resolution submitting the Project to the voters at the November 2004 election. The Election The City Council, almost a year ago, decided to submit the Project to the voters in November 2004 (with high turnout expected) because: "(a) the property is owned by, or has been granted to, the City; (b) a portion of the site is tidelands; (c) the most appropriate use of the site has been debated for more than 30 years; (d) the property, while developed as a mobile home park for many years, is designated as recreational and environmental open space; and (e) even with a floor area ratio less than .3, the Section 423 (Measure S) floor area threshold (40,000 square feet) is exceeded." In November, the voters will decide whether the Land Use Element of the General Plan should be amended to change the designation of a portion of the Marinapark site from Marinapark Resort and Community Plan February 10, 2004 Page 4 "recreational and environmental open space" to "recreation and marine commercial." A vote in favor of the amendment would mean the Project is a permitted use but actual construction could not occur until the City Council approves an amendment to the Local Coastal Program Land Use Plan and adopts the Planned Community text, the Planning Commission approves a use permit and site plan, the Coastal Commission issues a permit, and the City Council takes action to close the mobilehome park. In the event the voters do not approve the amendment, staff assumes the City Council will reconsider the most appropriate use of the Marinapark site. Conclusion In summary, the redevelopment of Marinapark and/or the Project has been discussed at public meetings on numerous occasions during the past 6 years and the Project, as well as the EIR and the fiscal impact analysis, will be on various agendas for public discussion during the months ahead. The City will be preparing the documents normally associated with a General Plan and Zoning Amendment and documents unique to this Project such as a fiscal impact study and a report on possible lease terms if and when Marinapark LLC receives all necessary permits and approvals. This means the voters will have — well before the November 2004 election - all of the information they need to fully understand what is being proposed, the alternatives and the fiscal impacts in terms of revenue and costs. Submitted by: Sharon Wood Assistant City Manager Robert Burnham City Attorney +LJ�*i , r • �< n yd ♦ w rv.t ... .. .. x. . 1 �� .1 . n . a44` CITY OF NEWPORT BEACH 10-24-03 A10 :59 our Central Warehouse Requisition Work Order No. Budqet No. _0 k tO '�,QW Nokf0c5 ti : lif'I:aUnitidl JC ir. ;r------tockiNuln fiJivp,. 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