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Home My WebLink AboutM2011-0013Levin, Shannon From: Ron Corradini [ronc@corradinicorp.com] Sent: Monday, February 11, 2013 7:50 AM To: Levin, Shannon Subject: RE: Dock Tax on Pier Permit 225-1210 (located at and attached to 1210 South Bayfront Ave., Balboa Island) Follow Up Flag: Follow up Flag Status: Flagged RE: Dock Tax on Pier Permit 225-1210 (located at and attached to 1210 South Bayfront Ave., Balboa Island) Shannon, This weekend, I found the updated plan of my dock supplied to me by Swift Slip when they completed their work last year - the dimensions are: • Pier 250 SF (4'-0" x 62'-6") • Landing 125 SF (10'-0" x 12'-6") • Gangway 72 SF (3'-0" x 24'-0") • Float Dock 245 SF (12'-3" x 20'-0") • TOTAL 692 SF City of NPB Buffer: 10'-0" x 44'-6" = 445 SF TOTAL SF for computation of Dock Tax= 1,137 SF The City of NPB is using is 1,205 SF, which is inflated by only 68 SF. If the tax rate per year (in 2017) will be only $0.525 / SF, then we are only talking about $35.70 per year. This is not enough for either of us to bother with. So, I will not be coming into your office this AM. Thank you for all of your time and reading my email. Ronald A. Corradini CORRADINI CORP. 18100 Mt. Washington St. Fountain Valley, CA 92708 Please note my new email address below 323-221-3191 phone 323-221-0188 fax 323-793-3191 cell ronc@corradinicoEp.co www.corradinicoLrp.com This email message, and all attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. ----- Original Message ----- From: Levin, Shannon To: 'Ron Corradini' _ Sent: Friday, February 08, 2013 7:39 AM Subject: RE: Pier Permit, 1210 South Bay Front Chris and I have allotted Mondays and Tuesdays for pier reviews. Would the following Tuesday work better? The 19th? Any time. And, yes, we are just down the lot from The Galley. Our office is the first two story building, in front of C Dock. From: Ron Corradini[mailto:ronc(a)corradinicorp.com] Sent: Thursday, February 07, 2013 5:18 PM To: Levin, Shannon Subject: Re: Pier Permit, 1210 South Bay Front Shannon, Please tell how early I can arrive on Tuesday, February 12, as I must be at John Wayne Airport by 9 AM that morning. Also, please tell me your hours for Monday, February 11, as I could possibly change my travel plans that day and come in I assume your location is near the Galley? Ronald A. Corradini CORRADINI CORP. 18100 Mt. Washington St. Fountain Valley, CA 92708 Please note my new email address below 323-221-3191 phone 323-221-0188 fax 323-793-3191 cell ronc@corradinicorp.com www.corradinicorp.com This email message, and all attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. ----- Original Message ----- From: Levin, Shannon, To: 'ronc _corradinicorp.com' Sent: Thursday, February 07, 2013 3:31 PM Subject: Pier Permit, 1210 South Bay Front Mr. Corradini, Thank you for calling this afternoon regarding the pier at 1210 South Bay Front. I understand that you have a discrepancy with the calculated square feet for that Pier Permit. Chris Miller and I have availability on Monday and Tuesday, February 1111 and 1211, to meet with you at our office to review that property. Please let me know when you are available on either of those days. Our office is located at the Balboa Yacht Basin, 829 Harbor Island Drive in front of C Dock. Shannon Levin Harbor Resources Supervisor City of Newport Beach 949-644-3041 newportbeachca.gov Worksheet for Building Combo Permit Application �ewPoRT Printy�� City of Newport Beach - Building Depart n° Please print 3 copies VRBOR RESOURCES - 711 FOM1�`F Building F Grading (-"'Drainage 17 Elec f M D%lNE WRORT BEA 1. Project Address (Not mailing address) o / . r Tenant Name(if Applicable) �# Units (if Residential) F77 2. Description of Work Use ............................................... c Valuation $ Exist House SF Demo House SF F777Add/Reconstruct House SFF\ F777_%__-,....._ ............... ... .. Exist Gar SF Demo Garage SF # Stories F777 9 Add/Reconstruct Garage SF TOTAL HOUSE SIF Cu Yd Cut New Add Alter Demo '- F77 TOTAL GARAGE SIF Cu Yd Fill C-neCK Aperopriate box Tor Applicant 3. Owner's Name Last .................. .v................. First Owner's Address \C�...._ ...... ........................................ CityState Owner's E-mail Address . ....... ..... Zip Telephone 4. Architect/Designer's Name Lastrst Lic. No. ........................ .................... Architect/Designer's Address City State Architect/Designer's E-mail Address Zip. Telephone 5. Engineer's Name Last, First Lic. No. Engineer's Address; City State .................................................................................................... Engineer's E-mail Address Zip . Telephone 6. Contractor's Name Last First Lic. No. Clas1797 ............................................ \��...................... � Contractor's Address City.............. State OFFICE USE ONLY ENERGY P/C FEE $ GRADING P/C FEE $ Rev 1/18/07 ELEC/MECH/PLUM P/C Contractor's E-mail Address F77................... ......................................... ................................................................................................................................:................:.:: ........... Zip Telephone PERMIT NO. PLAN CHECK NO. PLAN CHECK FEE $ CITY OF 163 MPORT SM wafw 0 BRUM '' t�j '$j. '> ► , ' — 0,0 Mac IS[ vm =, 91.0 pAt~IFIC Q � � � �` � �a ►�,�r� . AERN JEM PROFfLE 1` = 40 VICINITY MRP nom air, aq gUM BETTY SOtNJDM FIRE E) IN FEET R40 MOTE ELEVRTIONS WM M MEM LOU LOW MFlTER. fx' .5r, /N, pfol cc+ twe , ''r Z HARBOR RESOURCES DIV, CITY OF NEWPORT BEACH PLAN V f EW 1' =30 FL.ICANT'S WE RoN (,,ofrelci i JAB RMWSS1�y Rte - iwrE 3-d� _J Date of Applicaton: -50 Property Address: Buyer's Signatures: Permit Number: z/o A Buyer's Names: 0,414 LRRAYP/40 Billing Address: �-Cpe d )SL VP- Telephone No.: -3 1 g Seller's Names: Seller's Signatures: Joint Owner Signature: Escrow CompanY :—/4;�� '��• ��1 7�i�l�� Escrow Number:Fax #: Inspection Date: Reinspection Date: Fee Amount: Date Paid: ,3ifj� % Check Number: Application Approved: / Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. FACSIMILE TRANSM=AL City of Newport Beach Harbior Resources Divislan -3044 949-644 949-673-3056 Date : To: Frorn: FAX #: # of Pages: (including cover page) Comments: 41.1- f-Zc! CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 July 5, 2001 Ronald Corradini 1210 South Bayfront Newport Beach, Ca 92662 Re: Pier Permit 22512101, for 1210 South Bayfront, Newport Beach Dear Mr. Corradini: The City of Newport Beach Harbor Resources Office has received a request to transfer the above noted pier permit for 1210 S. Bayfront. The facility was inspected on July 3, 2001. We cannot transfer the pier permit until the following deficiency has been corrected and we have been notified of the correction: A new Backflow Prevention Device must be installed at the facility. The purpose of this device is to protect the domestic water system from being contaminated by seawater. A drawing of an approved device and a drawing showing a typical installation is attached. The electrical receptacle on the pier/dock must be GfI or Twist Lock for use in a water. environment. The Newport Beach City Council Harbor Permit Policies require that at the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum standards, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit. Please advise this department when the above deficiencies have been corrected. Call 644- 3043 if you require additional information in regards to this matter or to request a re- inspection. Sincerely, o? Wes Armand Harbor Resources 3300 Newport Boulevard, Newport Beach Comments: 3300 Newport Blvd., P. O. BOK 1768, Newport Beach, CA 92658-8915 FACSIMILE TRANSMITTAL City of Newport Beach Harbor Resources Division 949-644-3044 949-673-3056 Date: To: Company: FAX #:- # of Pages: (including cover page) Comments: 3300 Newport Blvd., P. O. BOK 1768, Newport Beach, CA 92658-8915 �WP 0-4.f CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 cq�iFORN�P July 28, 2001 Ronald Corradini 4880 Valley Blvd. Los Angeles, Ca 90023 Re: Pier Permit #225-1210 for 1210 South Bayfront Dear Mr. Corradim: The City of Newport Harbor Resources Division has inspected the pier and float for the above-mentioned property and has found that it meets the City standards. The pier permit has been transferred into your name. If you require further assistance in this matter, please call 644-3043. Sincerely, Wolf/ — C Wes Armand Harbor Resources 3300 Newport Boulevard, Newport Beach 1347 CUSTOMER'S ORDER NO. DEPT_ DATE: NAME: ADDRESS: CITY, STATE, ZIP SOLD BY: CASH C.O.D. CHARGE ON ACM MDSE WM. I PAID OUT '- I I RECEWED BY. I KEEP THIS COPY FOR YOUR RECORDS 01998 RMFORM® 51.320 EVANS PLUMBINGpI, INC. 1720 WHITTIER AVE. COSTA MESA, CA !92827-4509 O Ccrq�leted (949Y"15-1185VO. TIME k Q OMATERIAL REPORT O turn Visit rder Aart O Other BILLING NAME iw PHONE* AOOR944 JOB P.O. If' 408 AOORE89 -DATE Oveniny Item Prce Ei TO'$ o` 51v e 411ve ' 3XIps ;c' d Ecu 1 crrw t Ren td 19 D Subcontractor se O Pipe Dope O Pvtry , O Saw Zell 811044 O Tollon Tape Solder; Flvx, Torch Ernployo• HovfJ Price \ Time In Time Opt PART y CITY OF NEWPORT BEACH v P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 F June 6, 2001 Mr. Ronald A. Corradini 4880 Valley Blvd. Los Angeles, CA 90023 Re: Harbor Permit #225-1210 Dear Mr. Corradini: We are in receipt of a check for $343.00 and a completed Harbor Permit Transfer Application for the dock permit at 1210 South Bay Front, Balboa Island, located currently on the bayward extension of common property line between 1208 and 1210 South Bay Front. The Harbor Permit for this structure was issued in August of 1977 by the City Council and conditioned that in the event that either property changes ownership (1208 or 1210), the permit will be reviewed by the City Council with the possibility that the structure and the permit may be required to conform to the Harbor Permit Policies. Your request to transfer would therefore require a review by the City Council. I plan to submit the permit at the City Council at the June 26 meeting for their review. At that meeting, the Council could take one of three following courses of action: 1. Review the permit and take no further action, there by allowing staff to transfer the permit as it is currently configured; 2. Review the permit and impose conditions that would require the property owner at 1210 to bring the structure into conformance with Chapter 17.24 of the Newport Beach Municipal Code and the Harbor Permit Policies. This would require that the pier and float be moved totally in front of 1210 South Bay Front and the requisite setbacks established; or 3. Grant a joint ownership pier permit assuming the conditions of Section 15 of the Harbor Permit Policies are satisfied with the understanding that joint ownership permits require the consent of the property owners at 1208 and 1210 South Bay Front. 3300 Newport Boulevard, Newport Beach It is my understanding that you are not interested in a joint ownership permit, therefore this would not be an option. My recommendation to the City Council will be that they take no further action and the dock be allowed to stay in its current location based on the following facts: 1. The pier rights have always been those of the property owner at 1210 South Bay Front. 2. The pier has been in its current location since 1945. 3. The current owner at 1208 acquired this property realizing that there was an encroaching dock in front of the property. If you wish to discuss this further please give me. a call at 949-644-3041. Sincerely, 6�7 Tony Melum, Director Harbor Resources Division CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 -zs July 5, 2001 Ronald Corradini 1210 South Bayfront Newport Beach, Ca 92662 Re: Pier Permit 22512 10 1, for 1210 South Bayfront, Newport Beach Dear Mr. Corradini: The City of Newport Beach Harbor Resources Office has received a request to transfer the above noted pier permit for 1210 S. Bayfront. The facility was inspected on July 3, 2001. We cannot transfer the pier permit until the following deficiency has been corrected and we have been notified of the correction: A new Backflow Prevention Device must be installed at the facility. The purpose of this device is to protect the domestic water system from being contaminated by seawater. A drawing of an approved device and a drawing showing a typical installation is attached. The electrical receptacle on the pier/dock must be Gfl or Twist Lock for use in a water environment. The Newport Beach City Council Harbor Permit Policies require that at the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum standards, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit. Please advise this department when the above deficiencies have been corrected. Call 644- 3043 if you require additional information in regards to this matter or to request a re- inspection. Sincerely, Wes Armand Harbor Resources 3300 Newport Boulevard, Newport Beach Date of Applicaton: Property Address: HARBOR PERMIT TRANSFER APPLICATION Permit Number: 2/0 ;Ro,q Buyer's Names: �or1�►c.,r� A. C®✓�n�9�1✓fI Billing Address: "o V4 SLC L-1 �GL V.b- L US /� d..J (� �C. (5-s , C,/►i `2 oy,; z. Telephone No.: Buyer's Signatures: Seller's Names: Seller's Signatures: Joint Owner Signature: Escrow Company: --X6 Escrow Number:E Fax #:-C— Inspection Date: Reinspection Date: *e - Fee Amount:�� Date Paid: Application Approved: j Check Number: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. I IN. i'1 i .. j 1208 1210 t Taced Fra.-B:Sr- r �1 S d'50. sdins+s �/ts Car r ��. P @a�eo� iq Fir arnt SA em h� • ax. �e9vs a o/� rd@ 9 d�o�orox. iOFt I I SL�CJ•dEAO i i� I ( + 7-4'? * i ............... M 4100 "'.J• ;alma/ /atv �s w, W. �peseo� Fier zi2a'/T.ta.n . Y'"'„�""^t�=r.�i�� ,•rd,�,.. �. �.Yi ....� �-�°1-used Ancdso�- P�/e IOP*pojreW A7*, •i`� C'3i�esiisd Gino 1 � ��r '*I .. 1Q o i� �, I I,A- :d oil ' V1 ti,4e 7F/L Z - Iv .o Cha Tsps �l I ' e Proposed �Pier and Landing Fic I ,ale wp o r -t Ba Y . Nt?%-Por t ovej Cyy h. CN 1 i io- IA.y.,NM...w I./ L. 4.i•. C.�I�CI HARBOR PERMIT TRANSFER APPLICATION Date of Applicaton: -5/30 Property Address: Permit Number:��/� zio AO,4 AAr1JPQA1- Buyer's Names: K0r4AL,6 A• CORRAPIdl Billing Address: ✓4 t -LC 1-j 13L VP- C C4 9 0,0,3 z, Telephone No.: (3 Buyer's Signatures: Seller's Names: Seller's Signatures: Joint Owner Signature: Escrow Company:�/-;pjpdffAr/-P- Lam• �f�nlo�Tbi�� Escrow Number:Fax #: X97 -�C— Inspection Date: Fee Amount: Date Paid: Application Approved: _ !N3 0� `30�4 Reinspection Date: Check Number: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. July 28, 2001 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Ronald Corradini 4880 Valley Blvd. Los Angeles, Ca 90023 Re: Pier Permit #225-1210 for 1210 South Bayfront Dear Mr. Corradini: The City of Newport Harbor Resources Division has inspected the pier and float for the above-mentioned property and has found that it meets the City standards. The pier permit has been transferred into your name. If you require further assistance in this matter, please call 644-3043. Sincerely, WV � I -C Wes Armand Harbor Resources 3300 Newport Boulevard, Newport Beach SEW PO - ° y CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 \ �P C/PORN May 30, 2001 Victor Voss Prudential California Realty 1110 Glenneyre Street Laguna Beach, CA 92651 Re: 1210 South Bay Front Dear Mr. Voss, A review of the file for the above property indicates that the residential pier permit is in the name of N. Reeves and Rex Hardy. Our files also indicate that it is not a joint dock and the permit is for to the property at 1210 South Bay Front. However, as you know the dock encroaches in front of 1208. This encroachment triggers the need for a new permit once the property is sold as stated in the Harbor Permit Policies Section H 1, dealing with encroaching piers and floats, as follows: "in areas where existing piers and floats encroach in front of abutting upland property owned by others, a new permit shall be required upon, (c) any change of existing ownership of the abutting upland property owned by the permittee, or upon the death of the permittee." Before the Harbor Resources Division would act on the new permit, the owner of the abutting upland property in front of which the harbor facility encroaches shall be notified in writing. The Harbor Resources Division could do one of three things upon issuing a new permit. 1. Issue a new permit for the structure as it is currently positioned. 2. Issue a new permit for a joint dock, including the property at 1208 South Bayfront. 3. Issue a new permit for the dock allowing it to be relocated bringing it into conformance with the current Harbor Permit Policies, thereby eliminating the encroachment. If the Harbor Permittee would be willing to relocate the dock, bringing it into conformance with the Harbor Permit Policies a new permit for this relocation could be issued. Sincerely, Tony Melum Harbor Resources Director 3300 Newport Boulevard, Newport Beach ITEM 29 TO: Members of the Newport Beach City Council FROM: Tony Melum, Division of Harbor Resources SUBJECT: Application by Ronald Corradini For Transfer of the Harbor Permit for the Pier and Float Bayward of 1208,1210 So. Bay Front RECOMMENDED ACTION: Authorize the transfer of Harbor Permit #225-1210 allowing Mr. Ronald Corradini s pier and float to remain on the bayward extension of the common property line between 1208 and 1210 South Bay Front. BACKGROUND: In August of 1977, the City Council approved a transfer of Harbor Permit #225-1210, for the pier and float bayward of 1208 and 1210 South Bay Front on Balboa Island. The pier is on the bayward extension of the common property line between the two properties (please see Exhibit A) and has been permitted in this location since 1945. The Harbor Resources staff has consistently held that the pier and float rights associated with this location (between the two properties) are solely the rights of the owner at 1210 South Bay Front. This transfer in 1977 was before the City Council as required by then Section 28 of the Harbor Permit Policies, which stated: "28. ENCROACHING PIERS AND FLOATS: In areas where existing piers and floats encroach in front of abutting upland property owned by others, a new permit, approved by the City Council, shall be required upon: 3.Any change in the existing ownership of the abutting upland property owned by the permittee or upon the death of the permittee." The 1977 City Council approved the transfer, subject to the following conditions: 1. That the owner of the property at 1208 South Bay Front submit a statement agreeing to the existing location and use of the pier and float (Exhibit B). 2 That the owner of 1210 South Bay Front submit a statement agreeing to the present arrangement and agreeing that, in the event that either property changes ownership, the permit will be reviewed by the City Council with the possibility that the structure and/or the permit may be required to conform to the Harbor Permit Policies (Exhibit C). In late 1994, the City became aware of a sale of the property at 1208 South Bay Front. That sale also triggers condition #2 of the Harbor Permit listed above, necessitating a review by the City Council. With that in mind, staff began the procedure to prepare a staff report to the City Council. On January 10, 1995, the City received a letter from the property owner at 1208 South Bay Front (Exhibit D). The letter requested that the City delay Council action on the pier permit until recontacted by the property owner at 1208 South Bay Front. Further conversations with the owner at 1208 indicated that some agreement had been reached -between 1208 and 1210 and that he would not oppose a transfer to 1210. As a result, the City prepared a letter in February 2, 1995 (Exhibit E) stating our belief that the situation had been resolved and that the owner at 1208 was withdrawing his request to have City Council review the permit. The pier permit was transferred to Ms. Nellie Reeves of 1210 South Bay Front without additional conditions and the structure was allowed to remain on the bayward extension of the common property line between 1208 and 1210. Currently, the property at 1210 South Bay Front has sold again and the new owner is Mr. Robert Corradini. This change in ownership again triggers condition #2 that the permit be reviewed by the City Council. The options available to the City Council upon review are as follows: 1. To review the permit and take no further action, the permit would then be transferred to Mr. Corradini; or 2. To review the permit and impose conditions that would require the property owner at 1210 to bring the structure into conformance with the Harbor Permit Policies, which would necessitate its being moved in front of 1210, thereby eliminating the encroachment; or The City Council has complete discretion to choose either option 1 or 2. Issuance of a joint ownership permit, which requires agreement of the property owners, would also be an available option. However, Mr. Corradini has indicated that he is not interested in a joint ownership dock. Staff's recommendation in the past, where appropriate, would be to require conformance to the current Harbor Permit Policies unless there were extenuating circumstances. Conformance in this case would require that the pier and float be 2 relocated from its current location between 1208 and 1210 to solely in front of 1210. Staff believes that relocation is not appropriate in this case because the pier and float have been permitted in this current location since 1945. Relocation would impact one, possibly two existing shore moorings and could affect patterns of beach use at this site. 3 // e BOA &A r ;.33 lip o ` V 1C E Tc ay LT -aced "' gee)- 1208 1210 'g"Wee-m-agra, ..ow dnc BA Jy max. rawge of rale appt ox. /of• - - - - - - - - - -j ccs ya—l-WAErm 'Zawz :,r 77755"ra I- s. -a AXIS 4w ....... A. oaf Am Jca TIP 13 A"Ci7or Moat t 77, 6r04a.m./ ino Lie 44 Jz Proposed .Pierand Landing ':lc NewporBdr Nc3wpar ch. C4 " %1' cijvel- May 13, 1977 i Mr. Glen E. Welden Tidelands Administrator 4 Marine Department 3300 Newport Boulevard Newport Beach, California 92663 Dear -Mr. Welden: I am the owner of the property at 1208 South Bayfront, Balboa Island. I have been advised that the pier in front of 1210 South Bayfront is actually maintained under a variance because it does not conform to the five foot side yard requirement. This is to advise that I have no objection to the issuance of a permit to Mrs. Nellie A. Reeves. for the maintaining of the pier in its present location. Very truly yours, Charle'�W. Rubsamen May 13, 1977 Mr. Glen E. Welden Tidelands Administrator Marine Department 3300 Newport Boulevard Newport Beach, California 92663 Dear Mr. Welden: In support of my application of the transfer of the pier permit from the name of Leland Bolin to me, this is to advise that I understand that the new permit when issued will remain valid only as long as I or my neighbor at 1208 South Bayfront remain the owners of our respective properties. Upon the sale or other disposition of either property a new permit will be required. Sincerely, Nellie A. Reeves ,74- f,' 04 A it lC / I 1 . 7-0 �') q /r`i�l Av Lzuocp ien4c4f C14 !�.ae�U eftr tu o C) (V -D rrkz4-Sj� -r CITY OF NEWPORT BEACH'• BOX 1768, NEWPORT•. .- February 2, 1995 Mr. Perry Grant 1208 South Bay Front Balboa Island, CA 92662 Re: Pier and Float Bayward of 1210 South Bay Front Dear. Mr. Perry: Based on our phone conversation of. O:anuary 27,. 1995, it is my understanding that .there has been a"" resolution of the situation regarding the dock that is encroaching in, front of your property at 1208 South Bay Front, and at this point; you are withdrawing your request_to have the City Council- review the permit as required by an agreement signed by your predecessor at 1208 and the current property owner at 1210 South Bay Front. At this time, the Marine Department will consider this manner resolved, and if you should need: additional: assistance, or have any questions, please contact me at (714-1.6744--30-4.4.. Sincerely, Tony M Acting Marine Director tmgz=t.itr 3300 Newport Boulevard, Newport Beach �'�f w.. �� F,�.,,.� tee_ ��/u.� .�-�s .ase �.¢� �-�e � CITY OF NEWPORT BEACH June 11, 2001 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Perry Grant 1208 So. Bay Front Newport Beach, CA 92663 Re: Harbor Permit #225-1210 For the Pier and Float Bayward of 1210 and 1208 So. Bay Front Dear Mr. Grant: The City of Newport Beach has received a request to transfer the Harbor Permit bayward of 1210 So. Bay Front. A condition of this permit requires that the transfer be reviewed by the City Council prior to action by staff. We are preparing a staff report for presentation to the City Council at the meeting of June 26, 2001. Our recommendation will be that the permit be transferred to the new owner at 1210 So. Bay Front and the pier and float remain in their current location. If you have questions regarding this please give me a call at 949-644-3041. Sincerely, 1`7 Tony Melum, Director Division of Harbor Resources Cc: Dave Kiff 3300 Newport Boulevard, Newport Beach RECEWED JAN 2 5 1993 CITY ATTORNEY CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH Marine Department January 21, 1993 TO: CITY ATTORNEY FROM: Marine Department SUBJECT: HARBOR PERMIT 225-1210 FOR THE PIER AND FLOAT BAYWARD OF 1210 AND 1208 SOUTH BAY FRONT Bob, attached for your information and by way of background is a copy of the permit drawing for the structure bayward -of 1208 and 1210 South Bay Front, Balboa Island. As the drawing indicates, the pier and float are on the common property line between 1208 (Lot 5) and 1210 (Lot 6). Originally Lots 5 and 6 were owned by one individualandhe occupied both lots as one property and.built the dock on the common property line. Subsequently he sold Lot 5 but retained Lot 6, retaining also- exclusive use of the pier. Subsequent to that, the current permittee, Nellie A. Reeves acquired Lot 6 and exclusive use of the pier on the common property line between Lots 5 and 6. Once the property owner had acquired Lot 6 she requested that the,, City of Newport Beach Marine Department transfer the pier permit from the previous owner to her. At that date the current Harbor Permit Policies were in effect and the following section was germane to the transfer of the existing pier and float: "Section 28, Encroaching Piers and Floats. In areas where existing piers and floats encroach in front of abutting upland property owned by others, a new permit, approved by the City Council shall be required upon (3) Any change in existing ownership of the abutting upland property owned by the permittee or upon the death of the permittee." As a result of that section of the Harbor Permit Policies, it was necessary that Mrs. Reeves, owner of Lot 6; acquire a new permit from the City Council. On August 22, 1977 a Staff Report was written by the Marine Department Tidelands Administrator Glen Welden. A copy of that Staff Report is attached. The permit was subsequently transferred to the owner at Lot 6, with the following conditions: 1. The owner of the property at 1208 South Bay Front will submit a statement agreeing to the existing location and use of the pier and float. That statement was submitted by the property owner at 1208 South Bay Front and a copy is attached. 2. The owner of 12:10 South Bay Front is to submit a statement agreeing to the present arrangement and agreeing that in the event either property changed ownership, the permit would be reviewed by the City Council with the possibility that the structure and/or the permit may be required to conform to the Harbor Permit Policies. A copy of that statement is attached. The current Harbor Permit Policies require that any structure bayward of 1210 South Bay Front have at least a five foot set back from the common property line. That would require that the existing pier and float be moved. This brings us to the current situation. The property owner at Lot 5, 1208 South Bay Front wishes to sell his property. He wishes to be able to explain to prospective purchasers what pier rights he has as a result of Condition #2 stated above. See property owner's letter dated October 30, 1992, attached. The Marine Department feels that the only right the owner at 1208 has is the right to have the City Council review the situation and issue a new permit if they choose. We could not predict what the outcome would be, but we would -.prepare a staff report suggesting possiblities from the most desireable to the least desireable based upon the background of the situation and provide the following alternative recommendations in order: 1. Issue a new permit contingent upon the agreement of the property owner at 1210 for a joint permit to be issued between 1208 and 1210 "South Bay Front • the structure could remain in its current location. Or, 2. Issue a new permit giving exclusive right of use to the owner at 1210 South Bay Front upon condition that the dock be brought into compliance with the current Harbor Permit Policies. This means that the dock would be moved. Or, 3. Issue a new permit with right of exclusive use to the owner at 1210 South Bay Front and the dock would be allowed to remain in its current location. Of course the choice of these alternatives or consideration of another alternative would be up to the City Council. CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY January 28, 1993 TO: David Harshbarger, Marine Director FROM: Robert H. Burnham SUBJ: Harbor Permit No. 225-1210 Charles Rubsamen, the owner of property at 1208 South Bay Front, has asked for clarification of his "pier rights." After reviewing your January 21st Memo and attachments, I believe you should advise Mr. Rubsamen of the following: 1. The owner of 1210 So. Bay Front currently has the sole right to use and occupancy of the pier; 2. Upon any change in the ownership of the property at 1208 or 1210 So. Bay Front, the existing permit is to be reviewed by the City Council in conformance with conditions attached to the permit by the City Council in 1977; 3. The options available to the City Council upon review are as follows: (a) to review the permit and take no further action; (b) to review the permit and impose conditions that would require the property owner at 1210 to bring the structure into conformance, or more in conformance, with Chapter 17.24 of the Newport Beach Municipal Code and the Harbor Permit Policies; (c) grant a joint ownership pier permit assuming the conditions of section 15 of the Harbor Permit Policies are satisfied with the understanding that joint ownership permits require the consent of the property owners at 1208 and 1210 So. Bay Front. David Harshbarger, Marine Dir. January 28, 1993 Page Two. In my opinion, the property owner at. 1208 So. Bay Front has no current rights other than to require the Council to review permit no. 225-1210. The Council has complete discretion to choose any of the options available to it except the issuance of a joint ownership permit which requires agreement of the property owners. Robert H. Bur City Attorney RHB:kmc Richard A. Higbie, Attorney at Law 333 marine avenue, p o box 328, balboa island ca 92662 phone (949) 673-7670 fax (949) 673-7673 June 22, 2001 City of Newport Beach Fire and Marine Division Post Office Box 1768 Newport Beach, CA 92658-8915 Re: New Permit for 1210 South Bay Front, Balboa Island Dear Sir: I represent Perry and Edith Grant who reside at 1208 South Bay Front, Balboa Island. They wish to object to the City granting a permit for a pier exclusively to the owner of 1210 South Bayfront which is abutting the Grant's property at 1208. The application requests exclusive use of that pier to the app=licant owner of 1210 South Bay. m. fn•.4 y' Mr. and Mrs. Grant believe that when the pier was built on the property line between the properties, i was intended that pier be shared by both abutting property owners They had unrestricted use of the pier in the past before this applicant purchased the A .N%- property. The pier is on property of the City and the privilege to use a 'er is set forth in the Harbor Permit Policy which doesAll E not allow transfer of the permit, but a new permit. See paragraph 2 The impact of a pier on each of the abutting property owners is significant.. Going back over arrangements long forgotten between the adjoini g owners over the use of two abutting owners and their successor presents a number of problems impossible to settle by anyone this time. The applicant has already painted out the 12 address from the pier without any request to the Grants. The new permit must simply start from the day it is issued and provide for the arrangement set out in the Permit Policy in effect l and regulating all the other piers on Balboa Island where the pier is a property line between the two upland property owners. A person with exclusive water rights in front of his neighbor's house has the right to put his big boat over there and limit the neighbor's rights to the swimming beach and his view of the bay. / _ /�, ( ill R•' :f { r ''r' L'F�C� ,g'` .. -tom r ' 4 JA A f EI �i Page 2, Marine Department/Pier Permit June 22, 2001 Such a result will deny the attempts of the Council in their adoption in formulating the Harbor Permit_ Policy to prevent this problem. If the permit is issued jointly as it should be, each neighbor will have the control of his own access to the bay either by swimming or for a view. To vary from the established policy just to accommodate the owner of 1210 is not fair to the abutting owner at 1208. Since the pier cannot be transferred, the counsel must issue the new permit within the guidelines of the Policy in paragraph 15. There is presently an ideal situation with plenty of beaches and room for each owner to keep a permitted boat in front of his own home. The purpose of the new permit requirement is to bring uniformity and fairness to the use of the City property. All permit expense and permit obligations will be shared by the Grants. Respectfully, Richard A. Higbie enol: Portions of the Harbor permit policy H-1 27. RACE COMMITTEE PLATFORM Race committee platforms and instruction platforms may be constructed bayward of the bulkhead lines at recognized yacht clubs and recognized sailing -schools. All work shall require issuance of a Harbor Permit. 28. ENCROACHING PIERS AND FLOATS In areas where existing piers and floats encroach in front of abutting upland property owned by others, a new permit, shall be required upon: 1. Any change in type of existing use of the piers and floats. 2. Any change in type of existing use of the abutting upland property owned by the permittee. 3. Any change of existing ownership of the abutting upland property owned by the permittee or upon the death of the permittee. 4. Any destruction of the pier and float in which over 60% of the replacement value of the pier and float has been destroyed. Before the Fire and Marine Department acts on the new permit, the owner of the abutting upland property, in front of which the harbor facility encroaches, shall be notified in writing of the meeting in which the new permit will be considered. 29. PATIO DECKS =k -L -areas where the waterways are privately owned, and within Promontory Bay, patio type decks may be cantilevered beyond the established bulkhead lines subject to the following conditions: A. The maximum projection of patio decks encroachments beyond the bulkhead line shall be limited to 5 feet. B. The minimum setbacks from the prolongations of the side property lines shall be 5 feet. C. No float shall be permitted within 2 feet of the decks. 23 H-1 C. The decking of all piers and pier platforms shall not exceed an elevation of 9.0 M.L.L.W. nor be less than an elevation of 8.0 M.L.L.W. 15. ANT OWNERSHIP PIERS A. Permits may be granted for joint ownership piers at the prolongation of common lot lines subject to the following conditions: 1. No permits will be granted to persons other than the owners or long-term lessee of the abutting upland properties. 02. The permit application must be signed by the fee owners or long-term lessee of all abutting upland property having access to the facility. 3. The permit shall provide that all parties shall have equal rights under the permit and shall be held jointly responsible for compliance with all rules, regulations, and conditions set forth in the permit. B. The policy for set -backs applies to joint ownership piers with the exception that the slips, floats and piers may extend over the common property line. 16. BULKHEADS A. All bulkheads in residential districts shall be installed on the established bulkhead line or at a location behind the bulkhead line that would i preserve the design profile of the harbor. Any retaining or ornamental wall installed landward of the bulkhead line shall be considered a bulkhead if it also serves to contain the waters of the harbor and shall be processed in the same manner as if it were on the bulkhead line. The Fire and Marine Department may issue permits for bulkheads, between U.S. Bulkhead Station Numbers 112-109 not to exceed the bayward side of the "Vacated East Bay Avenue." U.S. Bulkhead Station 104 for the addresses at 2209, 2223, 2227, 2231 and 2233 Bayside Drive: Staff recommendation for a bulkhead at these properties shall not exceed a point bayward of the average high tide line 12 June 25, 2001 Mr. Tony Melum Harbor Recourses Division Newport Beach Re: 1210 South Bay Front, Balboa Island ----Status of Pier and Dock No. 225-1210. My name is Frank Dore. I have known Mrs. Nellie Reeves since 1945. 1 married her daughter, Nelly, in 1946, and we are still married. Nelly Dore and her sister, Shirley Reeves, inherited 1210 South Bayfront and the pier and dock from their mother. They have since sold the home, including the pier and dock, to Mr. Ronald Corradini. Over the years, I helped Mrs. Nellie Reeves with some of her affairs, including matters related to the subject pier and dock. I have access to, and copies of, essentially all written material relating to the pier and dock, dating back to February 1977. The exclusive right of use of the pier and dock has always been only that of 1210 So. Bayfront. The permit has always been in the name of the property owner of 1210 So. Bayfront, including property owners of 1210 So. Bayfront, prior to Mrs. Nellie Reeves. A prior owner of 1208 So. Bayfront, Mr. Charles Rubsamen, stated in written form on May 13, 1977, that he had no objection to the issuance of the permit and maintaining the pier in its current location. In August of 1977, the City of Newport Beach authorized the transfer of the pier permit No. 225-1210 to Mrs. Nellie Reeves at 1210 So. Bayfront. In late 1988, it was brought to my attention that the pier and dock had severe dry rot problems. Mrs. Nellie Reeves asked me to handle the repairs. The repair work, issued with a city permit, was done in early 1999. 1 personally made an extensive examination of the pier and dock. There was not, and never has been, any numbers on the pier indicating 1208. The repair work cost approximately $11,000, all of which was paid for by Mrs. Nellie Reeves. 100% of the maintenance of the pier and dock has always been paid for by 1210 So. Baysfront. There is water and electrical power on the pier, which is provided by 1210 So. Bayfront. All costs of said water and power have always been paid for exclusively by Mrs. Nellie Reeves. Regarding Mr: Grant's statement that he had "unrestricted use of the pier", Mrs. Reeves was a very generous person, who allowed many of her friends to use the pier. As her son-in-law, I can state that Mrs. Nellie Reeves did not consider Mr. Grant as one of her friends and did not give Mr. Grant unrestricted use of the pier. Sincerely, Frank Dore Ne ly D August 22, 1977 TO: FROM: SUBJECT: MARINE DEPARTMENT MAYOR AND CITY COUNCIL Marine Department ITEM NO.: H-15 (b) APPLICATION TO TRANSFER HARBOR PERMIT #225-1210 FROM LELAND BOLIN TO NELLIE REEVES RECOMMENDATION If desired, approve the transfer subject to: 1. The owner of the property at 1208 S. Bay Front submitting a statement agreeing to the existing location and use of the pier and float. 2. The owner of 1210 S. Bay Front -submit a statement agreeing to the present arrangement, and agreeing that in the event that either property changes ownership, the permit will be reviewed by City Council with the possibility that the structure and/or the permit may be required to conform to the Harbor Permit Policies. DISCUSSION This application is being brought to the Council for review and action in conformance with Section 28 Paragraph 3 -of the Harbor Permit Policies which reads as follows: 28. Encroaching Piers and Floats In areas where existing piers and floats encroach in front of abutting upland property owned by others, a new permit, approved by the City Council, shall be required upon: 3. Any change of existing ownership of the abutting upland property owned by the permittee or upon the death of the permittee." The existing structure at 1208-1210 S. Bay Front is located on the common property line between the properties. The structure was placed at that location when two properties were owned and occupied by one individual. Subsequently, the property was returned to separate lots and one lot was sold. It is the staff's understanding that at the time of the separation and sale of the lot, the Harbor Permit Policies were not officially adopted by City Council. i PAGE TWO APPLICANT: BOLIN/REEVES On February 18, 1977, the Marine Department was advised that Mrs. Reeves had purchased the property and a request was made to initiate a transfer of the permit. The applicant was then advised by letter of the Harbor Permit Policies requirement and of the possible courses of action which the Council could take in their review of the application (Exhibit A). The applicant, owner of 12.10 S. Bay Front and the neighboring owner of 1208 have elected to request that the Council proceed with the alternative which would conform to the condition of approval listed above (Exhibit B). Notices have been sent to the applicant and the adjoining property owner stating the date and time of the City Council meeting. D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT 1 n E. Welden Tidelands Administrator GEW:11 Attachments a April 19,'1977 CITY OF NEWPORT BEACH Hardy and Camp, Inca 36 South State, Suite 2230 `Salt Lake City, Utah 84136 Attn: Rex W. Hardy Gentlemen: On February 1, 1977, a billing for the Annual Pier Administration fee for 1210 S. Bayfront was mailed to Leland Bolin and subsequently returned to the City as undeliverable. On February 18 you contacted this department advising that Nellie Reeves had purchased the property and requested that a transfer application be sent to you. On February 25, the transfer application was mailed to you. A check of the permit records revealed that the existing pier and float is a non -conforming structure. Section 28 of the City Council Harbor Permit Policies require that: "In areas where existing piers and floats encroach in front of abutting upland property owned by others, a new permit, approved by City Council, shall be required upon: Any change of existing ownership of the abutting property owned by the permittee or upon the death of the permittee." The ownership history of this structure is a little confusing and the permit for the non -conforming pier and float has been perpetuated for unknown reasons until now. In accordance with the Harbor Permit Policies, the transfer of the permit must be approved by City Council. It appears there are three alternative courses of action the Council may take: 1. Require the pier and float be relocated to conform to the Policies (5' setback from side property line). 2. Require the permit be converted to a joint ownership with one-half ownership of the structure vested with adjacent property. 3. a. Require the owner of 1208 S. Bayfront to submit a letter to City Council indicating their agreement to the present arrangement (ownership and location); and ,xi►�T' A7 City Hall 3300 Newport Boulevard, Newport Beach, California 92663 Page Two April 19, 1977 Hardy.and Camp, Inc. b, Require the owner of 1210 S. Bayfront to submit a letter to City Council indicating his understanding that the arrangement will remain valid only as long as the present parties•are;the owners of the respective properties, and that upon change of ownership of either property a new permit will have to be approved by City Council with the possibility that at that time Alternative 1.or 2 may be required at the expense of the ,permittee. Upon return of the transfer application card, the application will be submitted to City Council for their review and action. Until this has transpired the Harbor Permit will not be transferred to Mrs. Reeves, Section 17.24.030 of the Municipal Code titled TRANSFER OF PERMIT reads as follows: "No person shall transfer a permit for a pier, float or similar structure granted under the provisions of this Chapter without prior written approval of the City. No person who has an abutting upland owner or lessee of real property was granted a permit for a pier, float or similar structure shall retain any right of use in such pier, float or similar structure after having divested himself of the ownership or leasehold interest in such real property. Upon such divesting, the ownership interest in -such pier, float or similar structureshall remain with -the person to whom the permit was granted, but the right of use thereof shall vest in the City until, -such time as a permit for such pier, float or structure is granted to another person. Except where rights of ownership or use have heretofore been judicially' decreed, no person may heretofore or hereafter gain any rights of ownership or use of any such pier, float or similar structure by any purported transfer made without such prior written approval of the City. The Marine Director is authorized to approve transfers of permits, or in his discretion may refer the samg to the City' Council for approval." Please contact me at your earliest convenience so that,we may resolve this matter. Sincerely, Irl 1,221- l - Glen E. Welden Tidelands Administrator Marine Department GEW: l l i May 13, 1977 Mr. Glen E. Welden Tidelands Administrator Marine Department 3300 Newport Boulevard Newport Beach, California 92663 Dear Mr. Welden: In support of my application of the transfer of the pier permit from the name of Leland Bolin to me, this is to advise that I understand that the new permit when issued will remain valid only as long as I or my neighbor at 1208 South Bayfront remain the.owners of our respective properties. Upon the sale or other disposition of either property a new permit will be required. Sincerely, Nellie A. Reeves kv Prudential May 7, 2001 Mr. Tony Melum, Director Division of Harbor Resources P.O. Box 1768 Newport Beach, CA 92658-8915 RE: 1210 SOUTH BAYFRONT Pier and Float Relocation Dear Mr. Melum: Prudential California Realty 1110 Glenneyre Street Laguna Beach, CA 92651 Bus 949 497-3331 Fax 949 494-2152 Thank you for briefly meeting with me at your office on May 4, 2001 concerning the above referenced property, pier and float. The purpose of my letter is to inquire about the potential relocation of the existing pier and float bay ward and directly on the common property line between 1208 and 1210 South Bayfront. My question is, `what would be the position of your office if the new owner of 1210 South Bayfront made the proper request and application to relocate the existing pier and float to a location that would place it solely in front of 1210 South Bayfront in a manner that was in compliance with the current Harbor Permit Policies'? It would be greatly appreciated if your office could supply me with a written response so that I may represent the matter accurately. Again, thank you for your time. Sincerelv, Realty QAn independently owned and operated member of The Prudential Real Estate Affiliates, Inc. Prudential .May 7, 2001 Mr. Tony Melurn, Director Division of Harbor Resources P.O. Box 1768 Newport Beach, CA 92658-891.5 RE: 1210 SOUTH BAYFRONT Fier and Float Relocation Dear Mr. Melum: Prudential California Realty 1110 Glennsyra Street Laguna Beach, CA 92651 Bus 949 497.3331 Fax 949 494-2152 Thank you for briefly meeting with me at your office on May 4, 2001 concerning the above referenced property, pier and float. The purpose of xray letter is to inquire about the potential relocation of the existing pier and floatbay ward and directly on the common property line between 1208 and 1210 South Bayfront, My question. is, `what would be the position of your office if the new gwner of 1.210 South Bayfront made the proper request and application to relocate the existing; pier and float to a location that would place it solely in front of 1210 South Bayfront in a numner that was in compliance with the current Harbor Permit Policies'? It would be greatly appreciated if your office could supply me with. a written response so that I may represent the matter accurately. Again, thank you for your time. Zealty .�2 ®An independently owned and operated member of The Ptudential Neal Eataie Affiliates, Inc. NEWPORT BEACH CITY COUNCIL AGENDA Adjourned Regular Meeting Study Session - 4:30 p.m. June 26, 2001 ROLL CALL CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. (4:30 P.M.) 2. CITY USE OF NEWPORT -MESA UNIFIED SCHOOL DISTRICT POOLS (4:45 P.M.) 3. BATTERY BACK-UP FOR TRAFFIC SIGNALS (5:15 P.M.) PUBLIC COMMENTS (Public comments are invited on non -agenda nda items generally considered to be within the subject matter jurisdiction of the Council—Speakers must limit comments to 3 -minutes). ADJOURNMENT NEWPORT BEACH CITY COUNCIL AGENDA June 26, 2001 TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS TAPE RECORDED. SPEAKER MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. RED LIGHT WILL SIGNIFY WHEN 5 MINUTES ARE UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. H. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENTCALENDAR (1— 29) are considered by the Council to be routine and will all be enacted by one motion in the form listed below. The City Council Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the Council votes on the j motion unless members of the=Council, staff or the,public request specific items to be discussed and/or removed: from the Consent Calendar for separate action. I Members of the public who wish to discuss a Consent Calendar item should come forward to J the lectern upon invitation by the Mayor, state their name and Consent Calendar Item number, and place the sign -in card in the box provided at the podium. READING OF MINUTESIORDINANCES AND RESOLUTIONS j 1. MINUTES OF THE SPECIAL AND REGULAR MEETING OF JUNE 12, 2001. Waive reading of subject minutes, approve as written and order l filed. 2 READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCES FOR INTRODUCTION 3 MODIFICATIONS TO SECTION 7.04.050 OF THE NBMC - PROHIBITION OF DOGS IN CARROLL BEEK PARK. Introduce Ordinance No.' 2001- amending Section 7.04.050 and pass to second reading on July 10, 2001. 4. ORDINANCE AMENDING CERTAIN PROVISIONS OF CHAPTER 12.54 OF THE NEWPORT BEACH` MUNICIPAL . CODE PERTAINING TO THE OPERATION OF SCOOTERS ON THE OCEANFRONT BOARDWALK.. Introduce Ordinance No. 2001 amending Chapter 12.54 and pass to second reading on July, 10, 2001: ORDINANCES FOR ADOPTION 5. MODIFICATIONS TO CHAPTER 12.54, MOTORIZED SCOOTERS, j OCEANFRONT BOARDWALK SAFETY PROGRAM. Adopt Ordinance No 2001-7. 6. SENIOR HOUSING IN THE GEIF DISTRICT (PA2001-075) — AN AMENDMENT TO SECTION 20.25.020 (GEIF DISTRICT: LAND USE REGULATIONS) OF THE ZONING CODE TO ALLOW SENIOR CITIZEN HOUSING IN THE GOVERNMENT, EDUCATIONAL AND INSTITUTIONAL FACILITIES (GEIF) DISTRICT WITH A USE PERMIT. Adopt Ordinance No. 2001-8 approving Code Amendment No. CA 2001-001 I 2 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. RESOLUTIONS FOR ADOPTION 7. FEE SCHEDULE ADJUSTMENTS. Adopt Resolution No 2001 - establishing the City's 2001'Fee Schedule. I 8. ACCEPTANCE OF OFFER TO DEDICATE A PORTION OF EDGEWATER PLACE AS REQUIRED BY THE CALIFORNIA COASTAL COMMISSION. 1) Accept an Offer of Dedication of the northerly 35 feet of Lot 23 of the Bayside Tract and the northerly 35 feet of Lots 1, 2, and 3 of Block 3 of the Balboa. Bayside Tract for pedestrian access and passive recreational use; 2) adopt Resolution No. 2001 - accepting the dedication of the northerly 35 feet of Lot 23 of Bayside Tract and the northerly 35 feet of Lots 1, 2, and 3 of Block'3 of the Balboa Bayside 'Tract; and 3) direct the -City Clerk to have the documents`recorded in the Office of the Orange County Recorder. . j 9. VACATION AND ABANDONMENT OFA 10 -FOOT WIDE PUBLIC UTILITY EASEMENT LOCATED BETWEEN 1541 DOLPHIN TERRACE (LOT 19 OF TRACT NO. 2334) AND 1535' DOLPHIN TERRACE (LOT 18 OF TRACT NO. 2334). 1) Adopt Resolution No. 2001- ordering the summary vacation and abandonment of the unused easement for public utility purposes located along the easterly' property line of Lot 18 and the westerly property line of Lot 19 of Tract No. 2334; and 2) direct the City Clerk to have the Resolution recorded by the County Recorder. 10. RESOLUTION FOR CALIFORNIA HIGHWAY PATROL TRAINING. Adopt Resolution No. 2001 granting authority to the Chief of Police to sign training agreements with the California Highway Patrol. 11. REVISIONS TO EMPLOYER-EMPLOYEE RELATIONS RESOLUTION NO. 7173. Adopt Resolution No. 2001- - CONTRACTS AND AGREEMENTS 12. TRAFFIC SIGNAL INSTALLATIONS AND UPGRADES AWARD' OF CONTRACT (C-3419). 1) Approve the plans and specifications; 2) accept the withdrawal of the low bid from Steiny and Company because of a clerical error made in bid preparation; 3) award the contract -(C-3419) to Macadee Electrical for the total bid price of $242,938, and authorize the Mayor and the City Clerk to execute the contract; and 4) establish an amount of $24,290 to cover the cost of unforeseen work. 13. 16TH STREET, MARGUERITE AVENUE, SHORECLIFF ROAD, AND CORONA DEL MAR LIBRARY ,PARKING LOT REHABILITATION— AWARD OF CONTRACT (C-3393). 1) Approve the plans and specifications; 2) award the contract (C-3393) to All American Asphalt for the total bid price of $302,302.00, and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an 1 amount of $30,000 to cover the cost of testing and unforeseen .work. I 14. BALBOA, ISLAND BAYFRONT REPAIRS — AWARD OF CONTRACT (C-3420). 1) Approve the plans and specifications; 2) award the contract (C-3420) to Fleming Environmental, Inc., for the total bid price of $231,950, and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $23,000 to cover the cost of testing and unforeseen work. 15. i BALBOA PENINSULA,, STREETLIGHT MODIFICATIONS — AWARD OF CONTRACT (C-3416). 1) Approve the plans and specifications; 2), award the contract (C-3416) to ProTech Engineering of Anaheim for the total bid price of $375,807.50, and authorize the Mayor and the City Clerk to execute the contract; and. 3) establish an amount of $37,000 to cover the cost of testing and unforeseen work: 16. BAYSIDE DRIVE/MARINE AVENUE PRESSURE RELIEF VALVE (PRV) RELOCATION — AWARD OF CONTRACT (C-3418). 1) Approve the plans and specifications; 2) award the contract (C=3418) to CGI Construction for the total bid j price of $313060 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $91,000 to cover the cost of unforeseen work. 17. ZONE III AND IV PUMP STATION ELECTRICAL IMPROVEMENTS — AWARD OF.: CONTRACT (C-3417). 1) Approve the plans and specifications; - 2) award the contract (C-3417), Zone III and IV Pump Station Electrical Improvements to Rich Construction for the total bidpriceof $609,654 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $50,000 to cover the cost of unforeseen work; and 4) approve the purchase of four Zone III replacement water booster pumps and motors from Sterling Peerless Pump for acost of $138,470.70. 18. APPROVAL OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF IRVINE AND THE CITY OF NEWPORT BEACH FOR - THE REHABILITATION OF CAMPUS DRIVE BETWEEN MACARTHUR BOULEVARD AND JAMBOREE ROAD.' Approve a Cooperative Agreement - between the City of Newport Beach and the City.of Irvine for the rehabilitation of Campus Drive between MacArthur Boulevard and Jamboree Road, and authorize the Mayor and the City Clerk to execute the agreement. 19. LEGAL ADVERTISING BID FOR FISCAL YEAR 2001-2002. Accept the bid of the Daily Pilot and authorize a purchase order for the one-year period of fiscal year 2001-2002. 20. APPROVE AN AGREEMENT GUARANTEEING COMPLETION OF A CONCRETE ALLEY EXTENSION STRUCTURE ADJACENT TO 405 GOLDENROD AVENUE,CORONA DEL MAR (N2001-110). Approve an - agreement guaranteeingcompletion of the alley extension structure approved by City Council on April 10, 2001, and authorize the Mayor. and City Clerk to execute the agreement. 21. GOVERNMENTAL ACCOUNTING STANDARD BOARD (GASB) STATEMENT NO. 34 — PROFESSIONAL SERVICES CONTRACT. Award a professional services contract to Conrad Business Services, Inc. in the amount of $42,000 to assist the' City with implementation of the infrastructure valuation and reporting component of GASB 34. - 22. MEMORANDA OF UNDERSTANDING WITH CITY EMPLOYEES ASSOCIATION, EMPLOYEES LEAGUE, AND PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION. Approve Memoranda of Understanding (MOM with the three employee associations and authorize the Mayor to execute them, with minor technical' changes. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS J. PUBLIC COMMENTS Public Comments are invited on non -agenda -items generally considered to be within the subject matter jurisdiction of the Council -- Speakers must limit comments to 3 -minutes. Before speaking, please state your name and address for the record. 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 32. AMENDMENTS TO THE ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE NEWPORT COAST. Action: 1) Conduct public hearing; and 2) Authorize the Mayor to sign the Newport Coast Annexation. and Development Agreement as proposed to be amended. 6 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. r 33. KOLL OFFICE SITE B: GENERAL PLAN AMENDMENT (GPA) NO. 97-3(B), ZONING AMENDMENT NO. 905, TRAFFIC STUDY NO 119, DEVELOPMENT AGREEMENT NO. 16, AND ENVIRONMENTAL IMPACT REPORT (EIR) NO. 158. Action: 1) Conduct public hearing; 2) Adopt Resolution No. 2001- certifying the EIR 3) Adopt Resolution No. 2001- approving the Traffic Study; 4) Adopt Resolution No. 2001- approving the GPA; 5) Introduce Ordinance No. 2001- approvingthe Development Agreement, and pass to second 'reading on July 10, 2001; and 6) Introduce_ Ordinance No. 2001- approving the Zoning Amendment, and pass to second reading on July 10, 2001. DR 7), Adopt Resolution No. 2001- ` denying the proposed project. N. CURRENT BUSINESS 34. 2001-02 BUDGET ADOPTION, Action: 1) Straw vote the items included on the Budget Checklist and determine by individual vote if the Checklist items should be included in the 2001-02 Budget; and 2) Adopt Resolution No. 2001- adopting the -City's 2001-02 Budget, as amended by any approved Budget Checklist items. O. MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Council members who voted with the prevailing side. P. ADJOURNMENT i 7 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. CITY OF NEWPORT BEACH Marine Department January 11, 1995 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT 225-1210 IN THE NAME OF NELLIE REEVES Recommendation: If desired, review the permit and take no further action. Discussion• On August 27, 1977, the City Council approved a.transfer of Harbor Permit 225-1210 from Leland Bolin to Nellie Reeves, the current owner of the property. At the time of that transfer, the pier in front of 1210 South Bayfront encroached in front of 1208. This transfer was before the City Council as required by Section 28 of the Harbor Permit Policies which states: 28. ENCROACHING PIERS AND FLOATS °In areas where existing piers and floats encroach in front of abutting upland property owned by others, a new permit, approved by the City Council, shall be required upon: 3. Any change of existing ownership of the abutting upland property owned by the permittee or upon the death of the permittee.° The City Council approved the transfer to Nellie Reeves, subject to the following conditions: 1. That the owner of the property at 1208 South Bayfront submit a statement agreeing to the existing location and use of the pier and float. 2. The owner of 121.0 South Bayfront submit a statement agreeing to the present arrangement and agreeing that in the event that either property changes ownership, the permit will be reviewed by the City Council with the possibility that the structure and/or the permit maybe required to conform to the Harbor Permit Policies. The property at 1208 South Bayfront has changed hands, therefore, based on agreements previously entered into by the adjoining property owners, the permit must now be reviewed by the City Council as stated in the above condition number 2. Upon 'that review, the City Council has the following options: A. To review the permit and take no further action; or B. To review the permit and impose conditions that would require the property owner at 1210 to bring the structure into conformance or more in conformance with Chapter 1724 of the Newport Beach Municipal Code and the Harbor Permit Policies; or C. Grant a joint ownership permit, assuming the conditions of Section 15 of the Harbor Permit Policies are satisfied, with the understanding that joint ownership permits require the consent of the property owner at 1208 and 1210 South Bayfront. The staff's recommendation is based on the fact that the pier rights have always been solely those of the property owner at 1210 South Bayfront. The pier has_ been in its current location since approximately 1945, and the current property owner at 1208 acquired that property realizing that there was an encroaching dock in front of his property and that the rights for that dock were solely with the property owner at 1210 South Bayfront. Tony Melum Acting Marine Director Melum, Tony From: Melum, Tony Sent: Tuesday, June 12, 2001 1:48 PM To: Bromberg, Steven Cc: Bludau, Homer; Kiff, Dave Subject: FW: June 6, 2001 Corradini.doc Perry Grant.doc Councilman Bromberg. I plan on preparing a staff report for Councils review for the meeting of June 26th. The gist of the report will be along the lines of my letter to Mr. Corradini of June 6th with a recommendation from Staff as out lined again in the above mentioned letter. If you have questions please give me a call. June 6, 2001 Mr. Ronald A. Corradini 4880 Valley Blvd. Los Angeles, CA 90023 Re: Harbor Permit #225-1210 Dear Mr. Corradini: We are in receipt of a check for $343.00 and a completed Harbor Permit Transfer Application for the dock permit at 1210 South Bay Front, Balboa Island, located currently on the bayward extension of common property line between 1208 and 1210 South Bay Front. The Harbor Permit for this structure was issued in August of 1977 by the City Council and conditioned that in the event that either property changes ownership (1208 or 1210), the permit will be reviewed by the City Council with the possibility that the structure and the permit may be required to conform to the Harbor Permit Policies. Your request to transfer would therefore require a review by the City Council. I plan to submit the permit at the City Council at the June 26 meeting for their review. At that meeting, the Council could take one of three following courses of action: 1. Review the permit and take no further action, there by allowing staff to transfer the permit as it is currently configured; 2. Review the permit and impose conditions that would require the property owner at 1210 to bring the structure into conformance with Chapter 17.24 of the Newport Beach Municipal Code and the Harbor Permit Policies. This would require that the pier and float be moved totally in front of 1210 South Bay Front and the requisite setbacks established; or 3. Grant a joint ownership pier permit assuming the conditions of Section 15 of the Harbor Permit Policies are satisfied with the understanding that joint ownership permits require the consent of the property owners at 1208 and 1210 South Bay Front. It is my understanding that you are not interested in a joint ownership permit, therefore this would not be an option. My recommendation to the City Council will be that they take no further action and the dock be allowed to stay in its current location based on the following facts: 1. The pier rights have always been those of the property owner at 1210 South Bay Front. 2. The pier has been in its current location since 1945. 3. The current owner at 1208 acquired this property realizing that there was an encroaching dock in front of the property. If you wish to discuss this further please give me a call at 949-644-3041. Sincerely, Tony Melum, Director Harbor Resources Division June 11, 2001 Perry Grant 1208 So. Bay Front Newport Beach, CA 92663 Re: Harbor Permit #225-1210 For the Pier and Float Bayward of 1210 and 1208 So. Bay Front Dear Mr. Grant: The City of Newport Beach has received a request to transfer the Harbor Permit bayward of 1210 So. Bay Front. A condition of this permit requires that the transfer be reviewed by the City Council prior to action by staff. We are preparing a staff report for presentation to the City Council at the meeting of June 26, 2001. Our recommendation will be that the permit be transferred to the new owner at 1210 So. Bay Front and the pier and float remain in their current location. If you have questions regarding this please give me a call at 949-644-3041. Sincerely, Tony Melum, Director Division of Harbor Resources Cc: Dave Kiff To: Date��-,_y ❑ ` ?`'Ta *or LlFire ❑ City Council ❑ City Manager ❑ General Services U Marine ❑ Assistant City Manager ❑ Personnel ❑ Attorney ❑ Planning ❑ Building ❑ Police ❑ City Clerk ❑ Public Works ❑ Community Services ❑ Traffic ❑ Finance ❑ Utilities For: ❑ Action & Disposition ❑ File ❑ Information ❑ Review & Comment ❑ Remarks G Return 01 OP Of rom f U"tom � i� � �� REPORT FOR THE CITY COUNCIL AGENDA For Agenda of. 1/12/ 9 5 Date A. Title of report: HARBOR PERMIT 225-1210 IN THE NAME OF NELLIE REEVES B. Report initiated by: City Council Date City Manager Date Other Marine Department Date 1/12495 C. Does the report include a resolution, ordinance, agreement or other legal matter? Yes No X D. Does the report recommend an expenditure? Were the funds budgeted in the approved budget? Yes No X Has it been approved by the Finance Director? Yes No x E. List any other departments the report affects: 1. 3. 2. 4. Has it been discussed with each? Yes No F. List any attachments: 1 Site Design 2. 3. G. Evaluate the potential environmental impact of this Agenda Item: 1. No potential impact X 2. Categorically exempt 3. Negative declaration 4. Environmental Impact Report Submitted by: Class Date: / —/ 7- -Z� REPORT FOR THE CITY COUNCIL AGENDA For Agenda of: 1 / 12 / 9 5 Date A. Title of report: HARBOR PERMIT 225-1210 IN THE NAME OF NELLIE REEVES B. Report initiated by: City Council Date City Manager Date Other Marine Department _ Date 1 / 12 /.9 5 C. Does the report include a resolution, ordinance, agreement or other legal matter? Yes No x D. Does the report recommend an expenditure? Were the funds budgeted in the approved budget? Yes No x Has it been approved by the Finance Director? Yes No x E. List any other departments the report affects: 1. 3• 2. 4. Has it been discussed with each? Yes No F. List any attachments: 1. Site Design Z. _ 3: G. Evaluate the potential environmental impact of this Agenda Item: 1. No potential impact x 2. Categorically exempt Class 3. Negative declaration 4 Environmental Impact Report Submitted by: CITY OF NEWPORT BEACH Marine Department January 11, 1995 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT 225-1210 IN THE NAME OF NELLIE REEVES Recommendation: If desired, review the permit and take no further action. Discussion• On August 27, 1977, the City Council approved a transfer of Harbor Permit 225-1210 from Leland Bolin to Nellie Reeves, the current owner of the property. At the time of that transfer, the pier in front of 1210 South Bayfront encroached in front of 1208. This transfer was before the City Council as required by Section 28 of the Harbor Permit Policies which states: 28. ENCROACHING PIERS AND FLOATS "In areas where existing piers and floats encroach in front of abutting upland property owned by others, a new permit, approved by the City Council, shall be required upon: 3. Any change of existing ownership of the abutting upland property owned by the permittee or upon the death of the permittee.11 The City Council approved the transfer to Nellie Reeves, subject to the following conditions: 1. That the owner of the property at 1208 South Bayfront submit a statement agreeing to the existing location and use of the pier and float. 2. The owner of 1210 South Bayfront submit a statement agreeing to the present arrangement and agreeing that in the event that either property changes ownership, the permit will be reviewed by the City Council with the possibility that the structure and/or the permit maybe required to conform to the Harbor Permit Policies. The property at 1208 South Bayfront has changed hands, therefore, based on agreements previously entered into by the adjoining property owners, the permit must now be reviewed by the City Council as stated in the above condition number 2. Upon that review, the City Council has the following options: A. To review the permit and take no further action; or B. To review the permit and impose conditions that would require the property owner at 1210 to bring the structure into conformance or more in conformance with Chapter 1724 of the Newport Beach Municipal Code and the Harbor Permit Policies; or C. Grant a joint ownership permit, assuming the conditions of Section 15 of the Harbor Permit Policies are satisfied, with the understanding that joint ownership permits require the consent of the property owner at 1208 and 1210 South Bayfront. The staff's recommendation is based on the fact that the pier rights have always been solely those of the property owner at 1210 South Bayfront. The pier has been in its current location since approximately 1945, and the current property owner at 1208 acquired that property realizing that there was an encroaching dock in front of his property and that the rights for that dock were solely with the property owner at 1210 South Bayfront. Tony Melum Acting Marine Director I I Nfw:Xt^ j;•» �e r VICIP67Y 5.< 6 S NrwDorr :x:}- j 1208 1210 4 TcXed Fr,%- • ws....yp•�� r. .d yNp 8i5/.'. i J �_ _ SOcindin s d/� Cx 1 G ✓ T/'7 deice d �/O w MC�r�ises3 cd in F�cr• am r`iis Lower - SAI r /►, ..Ow Ws -� ax. ••a•,9� of ride af'Prox. /Oft j ! •I I u NEAO .:.i�y� �• i � II I o I XWv' . f o io • _ /00 yam..... •!'' � ..:. 'r I 1 Jct-`rf. .W I �r W ! Y,•.....T,�,•� �'7 <.0� .r,�M.• �:. _f�4 �,.. ..- •�i9-o�oa�eo/ Ancr�oi- Pi/f I Q �. w�. •tj!.., _ r P%Dosed i 7o p t — ; i 1J ?a. f—/C h i• Eby T,ae V 1ve. Proposed i �Pierand Landing Flc Newporf 13d Y i . � �� 40 1 I Newport (3t-'iiCh, CNN, f.j, CITY OF NEWPORT BEACH Marine Department January 11, 1995 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT 225-1210 IN THE NAME OF NELLIE REEVES Recommendation: If desired, review the permit and take no further action. Discussion: On August 27, 1977, the City Council approved a transfer of Harbor Permit 225-1210 from Leland Bolin to Nellie Reeves, the current owner of the property. At the time of that transfer, the pier in front of 1210 South Bayfront encroached in front of 1208. This transfer was before the City Council as required by Section 28 of the Harbor Permit Policies which states: 28. ENCROACHING PIERS AND FLOATS - "In areas where existing piers and floats encroach in front of abutting upland property owned by others, a new permit, approved by the City Council, shall be required upon: 3. Any change of existing ownership of the abutting upland property owned by the permittee or upon the death of the permittee." The City Council approved the transfer to Nellie Reeves, subject to the following conditions: 1. That the owner of the property at 1208 South Bayfront submit a statement agreeing to the existing location and use of the pier and float. 2. The owner of 1210 South Bayfront submit a statement agreeing to the present arrangement and agreeing that in the event that either property changes ownership, the permit will be reviewed by the City Council with the possibility that the structure and/or the permit maybe required to conform to the Harbor Permit Policies. The property at 1208 South Bayfront has changed hands, therefore, based on agreements previously entered into by the adjoining property owners, the permit must now be reviewed by the City Council as stated in the above condition number 2. Upon that review, the City Council has the following options: A. To review the permit and take no further action; or B. To review the permit and impose conditions that would require the property owner at 1210 to bring the structure into conformance or more in conformance with Chapter 1724 of the Newport Beach Municipal Code and the Harbor Permit Policies; or C. Grant a joint ownership permit, assuming the conditions of Section 15 of the Harbor Permit Policies are satisfied, with the understanding that joint ownership permits require the consent of the property owner at 1208 and 1210 South Bayfront. The staff's recommendation is based on the fact that the pier rights have always been solely those of the property owner at 1210 South Bayfront. The pier has been in its current location since approximately 1945, and the current property owner at 1208 acquired that property realizing that there was an encroaching dock in front of his property and that the rights for that dock were solely with the property owner at 1210 South Bayfront. f^ Tony Melum Acting Marine Director To: ❑ Mayoi ❑ City Council ❑ City Manager ❑ Assistant City Manager ❑ Attorney ❑ Building ❑ City Clerk ❑ Community Services ❑ Finance Date _ 9 %� ❑ Fire ❑ General Services Marine ❑ Personnel ❑ Planning ❑ Police ❑ Public Works ❑ Traffic ❑ Utilities For: ❑ Action & Disposition ❑ File ❑ Information ❑ Review & Comment ❑ Return Remarks✓ - 1 � From December 21, 1994 Mr. John Hedges, Mayor City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Dear Mr. Hedges, We are asking for your help to bring an important issue to a resolution. My wife Edie and I are the recent purchasers of the property at 1208 South Bayfront on Balboa Island. We recently retired and moved to Balboa Island. During the purchase transaction we were made aware of the attached correspondence regarding the City's involvement in the disposition of the pier that straddles the property line in front of our home and the adjacent property at 1210 South Bayfront. It is our understanding that the City's position is that the pier (the permit for which is owned by the owner of 1210) must be brought into compliance with the tidelands laws, which would require that the pier either be shared between the two properties or moved so that it is totally in front of 1210. Mrs. Reeves, the owner of 1210, is elderly and not in good health, and we have been requested by members of her family not to discuss the pier situation with her directly. However, as recently as last night we received a phone call from her daughter, Shirley Reeves, who advised me that her mother is considering moving the pier. We of course want to be good neighbors, but we also believe the pier issue needs to be dealt with in a timely manner. Therefore we are requesting that the City use its offices to bring the pier issue to a conclusion. Our position is that the simplest resolution of the issue would be to avoid Mrs. Reeves' need to move the pier, and to execute a shared pier agreement with her, which would obligate us to assume half of the maintenance and responsibility for the pier, but which would also allow us common and shared use of the pier as well. We would be willing to give her a period of time, say six months, to give her opportunity to give notice to her pier tenants whose boats are presently in front of our house. As willing as my wife and I are to share the pier, if Mrs. Reeves refuses to cooperate with a sharing agreement, we would request that the tidelands rules be recognised and the pier be moved. If that were to be the case, we would further request that the City grant us a permit for the construction of a new pier. There has always been "a pier in front of our house, and a new pier would simply give us clear ownership of a resource that our property has always been burdened by but never enjoyed. We look forward to hearing from you, and we look forward to a pleasant relationship and a speedy resolution of this long standing issue. Perry Gr�fit 1208 South Bay Front Balboa Island, CA 92662 cc: Tony Melum Attachments Perry J. Grant Edith B Grant 1208 So. Bay Front Balboa Island, CA 90272 November 22, 1994 Mrs Nellie Reeves 1210 So Bay Front Balboa Island, CA 92662 Dear Mrs. Reeves: As your new neighbors and owners of the house next door it was a pleasure to meet you last Sunday. We are aware of your medical condition and have been reluctant to bring up the subject of the pier ever since we moved in. Still, we feel it had to be done and sincerely hope our discussion did not disturb you. We are nice people, Nellie, and will be good neighbors and, naturally, we would be delighted to reach an amiable agreement with you about sharing the pier, and, of course, we would share in the upkeep. We promise we will not race up and down it or yell and cavort on it or throw wild parties, or, more seriously, in any way take advantage of sharing it with you. To make the transition easier for you we will agree not to dock any boat at the pier for 6 months so that you can make arrangements for the boats now docked there In any event we will not have more than one boat We sincerely hope we can reach a happy and neighborly agreement. Should you or your representative wish to contact us our phone number is 714-673-7107. We also have a home at: 727 Ocampo Drive Pacific Palisades, CA 90272 310-454-1093 Sincerely Perry Grant Enc: Copies of letters to Mr. Rubsamen from Jean Watt, City Council Woman and to you from Tony Melum, Acting Marine Director, Jean H. Watt 4 Harbor Island _Newport Beach, California 92660 i i I, June 13, 1994 Mrs, Nellie Reeves 1210 S. Bay Front Balboa Island, CA, 92662 Re; Harbor Permit 225-1210 for the pier and float bayward of 1210 S, Bay Front Dear Mrs. Reeves: The Marine Department has been notified that the property of 1208 S. Bay Front is currently on the market and the owner has asked the status of the permit for the existing pier and float which encroaches in front of their property. A research of the Marine Department files indicate that in 1977 when you acquired the property a new permit or transfer was approved by the City Council based upon a staff report submitted on August 27, 1977. That staff report included two conditions:the one pertinent to the above question is condition number two, which states: If desired approve the transfer subject to; 2. the owner of 1210 S. Bay Front submuitatement agreeing to the present arrangement and agreeing that in the event that either property changes ownership the permit will be reviewed by the City Council with the possibility that the structure and or the permit maybe required to conform to the Harbor ,Permit Policy. Upon its review the City Council would have the following options: 1. To review the current permit and take no further action leaving the existing pier and float as they are, or ` 2. Review the current permit and require that the pier and float be brought into conformance with the Harbor Permit Policies, or I Grant a joint ownership permit, assuming agreement of both the property owners at 1208 and 1210 S. Bay Front and leave the pier and float on the common property line between the two properties. Staffs recommendation in the past has been to require that all piers and floats be brought Into conformance with the current Harbor Permit Policies. In this parkieular case that would require that the pier anal flnat he hrnught solely in front of 1210 S_ Bay Front maintaining a minimum of 5' set back from the common property line. Requiring conformance with the Harbor Permit Policies was an option in 1977 but, based on an agreement between the property owners that was not necessary. We are bringing JLI'+1—'ltil '—„1' I/V I\ .tl •-J1 17GFYr D411 1�1 rt f�al1V 1sGl' 1 I 1 `Y rJ 1 �./�V•JV this to your attention now to..give you the opportunity, if you -desire, to diseuss-this situation with your neighbor at 1208 to see if some agreement can be reached between the parties prior to the necessary City Council review. If you have any questions regarding the above please give me a call at 714-644-3044, 1 will be glad to sit down with you and discuss this situation in as much detail as necessary. Sincerely, Tony Melum Deputy Director _ i CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 February 3, 1993 Charles Rubsamen 1208 South Bay Front Balboa Island, CA. 92662 RE: Harbor Permit bayward of 1210 South Bay Front Dear Mr. Rubsamen: Recently we prepared an exhibit for the City Attorney with the request that he review the current pier sitution,at 1208 and 1210 South Bay Front. Based on all the background data provided by you and the Marine Department, the City Attorney made the following observations: 1. That the owner of 1210 South Bay Front currently has the sole right to use and occupy the pier bayward of 1208 and 1210 South Bay Front. 2. That upon any change in the ownership of the property at either 1208 or 1210 South Bay Front, the existing permit is to be reviewed by the City Council in conformance with conditions attached to the permit by the City Council in 1977. 3. At the above review, the City Council has the following options: a. To review the permit and take no further action, b. To review the permit and impose conditions that would require the property owner at 1210 to bring the structure into conformance with Chapter 17.24 of the Newport Beach Municipal Code and the Harbor Permit Policies, c. Grant a Joint Ownership Pier Permit, assuming the conditions of Section 15 of the Harbor Permit Policies are satisfied with the understanding that Joint Ownership Permits require the consent of the property owners at 1208 and 1210 South Bay Front. In the opinion of the City Attorney, the owner at 1208 South Bay Front currently has no right other than to require the City Council to review Permit 225-1210 upon the sale of either property. The City Council has complete discretion to choose any of the options available to it, except the issuance of the Joint Ownership Permit, which will require agreement of the property owners. 3300 Newport Boulevard, Newport Beach I hope this gives you some useful information. If - I can be of further assistance please call me at 644-3044. Sincerely, Tony Melum, Deputy Director cc/ Jean Watt, City Council member f i. i8=8915 NEWPORT BEACH FIRE AND MARINE DEPARTMENT Perry J. Grant Edith B. Grant 1208 So. Bay Front Balboa Island, CA 90272 November 22, 1994 Mrs Nellie Reeves 1210 So. Bay Front Balboa Island, CA 92662 "Dear Mrs. Reeves: As your new neighbors and owners of the house next door it was a pleasure to meet you last Sunday. We are aware of your medical condition and have been reluctant to bring up the subject of the pier ever since we moved in. Still, we feel it had to be done and sincerely hope our discussion did not disturb you. We are nice people, Nellie, and will be good neighbors and, naturally, we would be delighted to reach an amiable agreement with you about sharing the pier, and, of course, we would share in the upkeep. We promise we will not race up and down it or yell and cavort on it or throw wild parties, or, more seriously, in any way take advantage of sharing it with you. To make the transition easier for you we will agree not to dock any boat at the pier for 6 months so that you can make arrangements for the boats now docked there. In any event we will not have more than one boat. We sincerely hope we can reach a happy and neighborly agreement. Should you or your representative wish to contact us our phone number is 714-673-7107. We also have a home at: 727 Ocampo Drive Pacific Palisades, CA 90272 310-454-1093 Sincerely Perry Grant Enc: Copies of letters to Mr. Rubsamen from Jean Watt, City Council Woman and to you from Tony Melum, Acting Marine Director, Jean H. Watt 4 Harbor island Newport Beach, California 92660 �� G�'�GCcfL June 13, 1994 Mrs. Nellie Reeves 1210 S. Bay Front Balboa Island, CA 92662 Re: Harbor Permit 225-1210 for the pier and float bayward of 1210 S, Bay Front Dear Mrs, Reeves: The Marine Department has been .notified that the property of 120$ S. Bay Front is currently on the market and the owner has asked the status of the permit for the existing pier and float which encroaches in front of their property. A research of the Marine Department files indicate that in 1977 when you acquired the property a new permit or transfer was approved by the City Council based upon a staff report submitted on August 27, 1977. That staff report included two conditions1he one pertinent to the above question is condition number two, which states: If desired approve the transfer subject to; 2. the owner of 1210 S. Bay Front submIlafttatement agreeing to the present arrangement and agreeing that in the event that either property changes ownership the permit will be reviewed by the City Council with the possibility that the structure and or the permit maybe required to conform to the Harbor Permit Policy. Upon its review the City Council would have the following options: 1. To review the current permit and take no further action leaving the existing pier and float as they are, or ' 2. Review the current permit and require that the pier and float be brought into conformance with the Harbor Permit Policies, or 3. Grant a joint ownership permit, assuming agreement of both the property owners at 1208 and 1210 S. Bay Front and leave the pier and float on the common property line between the two properties. Staffs recommendation in the past has been to require that all piers and floats be brought into conformance w 4h the current Harbor Permit Policies. In this particular case that would require that the ph -rand flont he hmught solely in frnnt of 1210 S. Ray Front maintaining a minimlun of 5' set back from the common property line. Requiring conformance with the Harbor Permit Policies was an option in 1977 but, based on an agreement between the property owners that was not necessary. We are bringing iU"1-'1Z 7� 1-/lJ I iL.-J 11v -.&m r D4" 1-1 MR i 1'14 LGI' I f 1` .1.1 J 4. - this to your attention now to_give you the opportunity, if you desire, to disGlm-this situation with your neighbor at 1208 to see if some agreement can be reached between the parties prior to the necessary City Council review. If you have any questions regarding the above please give me a call at 714 -644 -?{1441 1 will be glad to sit down with you and discuss this situation in as much detail as necessary. Sincerely, Tony Melum Deputy Director _ r CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 February 3, 1993 Charles Rubsamen 1208 South Bay Front Balboa Island, CA 92662 RE: Harbor Permit bayward of 1210 South Bay Front Dear Mr. Rubsamen: Recently we prepared an exhibit for the City Attorney with the request that he review the current pier sitution at 1208 and 1210 South Bay Front. Based on all the background data provided by you and the Marine Department, the City Attorney made the following observations: 1. That the owner of 1210 South Bay Front currently has the sole right to use and occupy the pier bayward of 1208 and 1210 South Bay Front. 2 That upon any change in the ownership of the property at either 1208 or 1210 South Bay Front, the existing permit is to be reviewed by the City Council in conformance with conditions attached to the permit by the City Council in 1977. 3. At the above review, the City Council has the following options: a. To review the permit and take no further action, b. To review the permit and impose conditions that would require the property owner at 1210 to bring the structure into conformance with Chapter 17.24 of the Newport Beach Municipal Code and the Harbor Permit Policies, c. Grant a Joint Ownership Pier Permit, assuming the conditions of Section 15 of the Harbor Permit Policies are satisfied with the understanding that Joint Ownership Permits require the consent of the property owners at 1208 and 1210 South Bay Front. In the opinion of the City Attorney, the owner at 1208 South Bay Front currently has no right other than to require the City Council to review Permit 225-1210 upon the sale of either property. The City Council has complete discretion to choose any of the options available to it, except the issuance of the Joint Ownership Permit, which will require agreement of the property owners. 3300 Newport Boulevard, Newport Beach I hope this gives you some useful information. If -I can be of further assistance please call me at 644-3044. Sincerely, Tony Melum, Deputy Director cc/ Jean Watt, City Council member Mrs Nellie Reeves 1210 So. Bay Front Balboa Island, CA 92662 Dear Mrs. Reeves: Perry J. Grant Edith B. Grant 1208 So. Bay Front Balboa Island, CA 90272 November 22, 1994 'z-z6-';-1Zi As your new neighbors and owners of the house next door it was a pleasure to meet you last Sunday. We are aware of your medical condition and have been reluctant to bring up the subject of the pier ever since we moved in. Still, we feel it had to be done and sincerely hope our discussion did not disturb you. We are nice people, Nellie, and will be good neighbors and, naturally, we would be delighted to reach an amiable agreement with you about sharing the pier, and, of course, we would share in the upkeep. We promise we will not race up and down it or yell and cavort on it or throw wild parties, or, more seriously, in any way take advantage of sharing it with you. To make the transition easier for you we will agree not to dock any boat at the pier ,for 6 months so that you can make arrangements for the boats now docked there. In any event we will not have more than one boat. We sincerely hope we can reach a happy and neighborly agreement. Should you or your representative wish to contact us our phone number is 714-673-7107. We also have a home at: 727 Ocampo Drive Pacific Palisades, CA 90272 310-454-1093 Sincerely Perry Grant Enc: Copies of letters to Mr. Rubsamen from Jean Watt, City Council Woman and to you from Tony Melum, Acting Marine Director, �1 PORT I Jr) c P.O. BOY 1768, NEWPORT BEACH, CA 92.658-8915 qE! FOSiN� June 13, 1994 Mrs. Nellie Reeves 1210 S. Bay Front Balboa Island, CA 92662 Ree Harbor Permit225-1210 for the pier and float bayward of 1210 S. Bay Dear Mrs. Reeves: The Marine Department has been notified that the property at 1208 S. Bay Front is currently on the market and the owner has asked the status of the permit for the existing pier and float which encroaches in front of their property. A research of the Marine Department files indicate that in 1977, when you acquired .the property, a new permit or transfer was approved by the City Council based upon a staff report submitted on August 27, 1977. That staff report included two conditions, the one pertinent to the above question --is condition number two, which states: If desired, approve the transfer subject to: 2. "'the owner of 1210 S. Bay Front submit a statement agreeing to the present arrangement and agreeing that in the event that either property changes ownership the permit will be reviewed by'the City Council with the possibility that the structure, and, or the permit maybe required to conform to the Harbor Permit Policy." Upon its review, the City Council would have the following options: 1. To review the current permit and take no further action, leaving the existing pier and float as they are, or 2. To review the current permit and require that the pier and float be brought into conformance with the Harbor Permit Policies, or 3. Grant a joint ownership permit, assuming agreement of both the property owners at 1208 and 1210 S. Bay Front and leave the pier and float on the common property line between the two properties. 3300 Newport Boulevard, Newport Beach Page 2 In -the past, staff's recommendation has been to require that all piers and floats be brought into conformance with the current Harbor Permit Policies. In this particular case, that would require that the pier and float be brought solely in front of 1210 S. Hay Front, maintaining a minimum of a 5 foot setback from the common property line. Requiring conformance with the Harbor Permit Policies was an option in 1977, but based on an agreement between the property owners, that was not necessary. we are bringing this to your attention now if you desire, to discuss this to give you the opportunity, situation with your neighbor at 1208 to see if some agreement can be reached between the parties prior to the necessary City Council review. If you have any questions regarding the above, please give me a call at (714) 644-3044, and I will be glad to sit down with you and discuss this situation in as much detail as necessary. Sincerely, Tony Melum Deputy Director P(0) CITY OF NEWPORT BEACH _ ? P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 cgtiFovyN0P' February 3, 1993 Charles Rubsamen 1208 South Bay Front Balboa Island, CA 92662 RE: Harbor Permit bayward of 1210 South Bay Front Dear Mr. Rubsamen: Recently we prepared an exhibit for the City Attorney with the request that he review the current pier sitution at 1208 and 1210 South Bay Front. Based on all the background data provided by you and the Marine Department, the City Attorney made the following observations: 1. That the owner of 1210 South Bay Front currently has the sole right to use and occupy the pier bayward of 1208 and 1210 South Bay Front. 2. That upon any change in the ownership of the property at either 1208 or 1210 South Bay Front, the existing permit is to be reviewed by the City Council in conformance with conditions attached to the permit by the City Council in 1977. 3. At the above review, the City Council has the following options: a. To review the permit and take no further action, b. To review the permit and impose conditions that would require the property owner at 1210 to bring the structure into conformance with Chapter 17.24 of the Newport Beach Municipal Code and the Harbor Permit Policies, c. Grant a Joint Ownership Pier Permit, assuming the conditions of Section 15 of the Harbor Permit Policies are satisfied with the understanding that Joint Ownership Permits require the consent of the property owners at 1208 and 1210 South Bay Front. In the opinion of the City Attorney, the owner at 1208 South Bay Front currently has no right other than to require the City Council to review Permit 225-1210 upon the sale of either property. The City Council has complete discretion to choose any of the options available to it, except the issuance of the Joint Ownership Permit, which will require agreement of the property owners. 3300 Newport Boulevard, Newport Beach I hope this gives you some useful _information. If I can be of further assistance please call me at 644-3044. Sincerely, Tony Melum, Deputy Director cc/ Jean Watt, City Council member October 30, 1992 To Mayor of Newport Beach and City Council Members: I, Charles Rubsamen, am the property owner of 1208 South Bayfront, Balboa Island. I am requesting a clarification of pier rights of my property. 1208-1210 South Bayfront has a pier situated on the middle of our joint property line. At present, 1210 South Bayfront has the pier permit; yet all documentation states, that upon sale of either property, a new usage pier permit needs to be issued. Since I currently have my property for sale, K need to represent my property to prospective buyers correctly. I would appreciate clarification of the pier permit usage and what will occur to the pier permit when 1208 South Bayfront transfers ownership - What usage rights will the new owners have to the pier? Enclosed you will find all documentation pertaining to the pier. Thank you for your time. Sincer y, Charles Rubsamen 1208 South Bayfront Balboa Island, CA 92662 (714) 673-2839 c- I -L'P 0 s Nov 0{101 ork \�� 01" Ba Pe\ 1. Q { October 30, 1992 To Mayor of Newport Beach and City Council Members: I, Charles Rubsamen, am the property owner of 1208 South Bayfront, Balboa Island. I am requesting a clarification of pier rights of my property. 1208-1210 South Bayfront has a pier situated on the middle of our joint property line. At present, 1210 South Bayfront has the pier permit; yet all documentation states, that upon sale of either property, a new usage pier permit needs to be issued. Since I currently have my property for sale, K need to represent my property to prospective buyers correctly. I would appreciate clarification of the pier permit usage and what will occur to the pier permit when 1208 South Bayfront transfers ownership - What usage rights will the new owners have to the pier? Enclosed you will find all documentation pertaining to the pier. Thank you for your time. Sincer y, Charles Rubsamen 1208 South Bayfront Balboa Island, CA 92662 (714) 673-2839 c- I -L'P 0 s Nov 0{101 ork \�� 01" Ba Pe\ W P(�frT 1 CIT OF NEWPORT BEACH 0 ' H'� n V iz PC) BOX 1768, NEWPORT BEACH, CA 92659-1768 August 3, 1992 Nellie Reeves 1210 S. Bay Front Balboa Island, Ca 92662 Regarding the dock bayward of 1210 S. Bay Front: Dear Ms. Reeves, As you requested I have researched our files regarding the dock on the common property line between 1210 and 1208 S. Bay Front. Our files suggest that in the past 1208 and 1210 were owned by the same individual and the dock was originally constructed on the common property line, subsequent to that the lot at 1208 was sold without any dock rights and the dock rights retained by the owner at lot 1210. When you purchased the property from Mr. Bolin it was required that the dock permit be approved by the City Council. Prior to that transfer you or your representative obtained written approval from your next door neighbor at 1208, and a copy of that letter is in our permit file. As a consequence of all this the permit for the dock at 1210 is in the name of Nellie Reeves with the following conditions: that in the event that either property changes ownership the permit will be reviewed by the City Council with the possibility that the structure and or permit be required to conform to the Harbor Permit Policies. I hope this has answered your questions, if you have further concerns please contact me at 644-3044. Sincerely, Tony Melum Deputy Director 3300 Newport Boulevard, Newport Beach a POST ° r' CITY OF NEWPORT BEACH U z P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 FORN March 21, 1990 Each year the City of Newport Beach sends statements to the holders of pier permits in Newport Harbor notifying them that the annual pier permit fee is due. Two statements have gone to this address and have been returned. We conclude, therefore, that the permitee is not the person or entity shown in our records. The City Council Harbor Permit Policies state; 10 "Permits for harbor structures are issued subject to the condition that any improvements constructed shall not be sold in whole or part, leased, or transferred, without the written consent of the City"., and 4.C. "The permit is not transferrable without the written consent of the City of Newport Beach". 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the. City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." We enclose "Instructions for Pier Permit Transfer". Please contact the Marine Department for further advice on transferring the permit for a pier, if such be necessary. If we need only make an address change, please inform us of the correct address to use. We call attention to the enclosed statement from the Finance Department of the City. If you have questions, please call 644-3044. sincerely, Tony NisM 7 Tidelands Administrator 3300 Newport Boulevard, Newport Beach Y �JJ`�� S allu� gg rs. Nellie Reeves 61g 12,10 eSouth Bay Front eSt. Gty Manage �eaC,NO ort Beach, CA 92662 City nt �e yca It -1 IIFC i AFFIDAVIT I Comes now the affiant, Nellie A. Reeves, and being first duly sworn, states the following: That she is the owner of the property located at 1210 South Bay Front, Balboa Island, California, the legal description of which is: Lot 6, Block 21, Section 3 of the Balboa Island Tract, as per map recorded in Book 7, Page 15 of Miscellaneous Maps, Records of Orange County, California. That the pier in front of said property was constructed by L. B. Culver under Pier Permit No. A-201 dated January 2, 1945, at which time he was the owner of both Lots 5 and 6 of Block 21, Section 3, of the Balboa Island Tract. { He subsequently sold Lot 5, but retained Lot 6, together with the exclusive use a of said pier. After the affiant became the owner of Lot 6, the pier was } extensively renovated and is currently maintained by affiant under Pier Permit #225-1210 issued by the City of Newport Beach. That said permit was issued pursuant to a variance by reason of the fact it is constructed closer than 5 feet from the property line separating I affiants -property, Lot 6, and the neighbor's property, Lot 5, known as 1208 South Bay Front. That on May 13, 1977, a letter was written by Betty Box Rubsamen, the owner of Lot 5, to Mr. Glen E. Welden, Tidelands Administrator, Newport Beach, California, a copy of which letter is attached hereto as Exhibit A, stating she had no objection to the issuance of the permit to affiant authorizing her to i maintain the pier in its present location. That no owner of Lot 5 has ever asserted any right in and to said pier or to the use thereof. t Further affiant saYeth not. Dated this day of b (2F -A - 1989. Nellie A. Reeves j Subscribed and sworn to before me this da of J�Cr►t. 1989. i Notarys residing in: My Commission Expires: (. �.r. )�Pii -� 1 �E_ GC C�` aA- C (3I=�TC.rAY SEAL s4IRRA MILLER ' N'IAflYPUBLIC. CALIFORNIA ORANCE COUNTY i NAY Comm. [rpiras Match 10,1991 COUNCILMEN MINUTES �0\y\p oni i rrnl i \ August 22, 1977 1RonPv Street between West Balboa Boulevard and West Bay Avenue on the Balboa Peninsula; zoned R-2. (A report from the Community Development Department attached) 11. The plans and specifications for Jamboree Road Jamboree Resurfacing, San Joaquin Hills Road to Ford Road, Road Contract No. 1971, were approved; and the City Resurfacing Clerk was authorized to advertise for bids to be (1660) opened at 10:30 A.M. on September 13, 1977. (A report from the Public Works Director attached) 12. The plans and specifications for Spyglass Hill Spyglass Park Improvements, Contract No. 1970, were Hill Park approved; and the City Clerk was authorized to (2766) advertise,for bids to be opened at 2:30 P.M. on September 13, 1977. (A report from the Public Works Director attached) 13. The plans and specifications for Bayside Drive Bayside Dr Park Improvements, Contract No. 1903, were Park approved; and the City Clerk was authorized to (1971) advertise for bids to be opened at 2:30 P.M. on September 28, 1977. (A report from the Public Works Director attached) 14. The work on the Site Improvements - 16th Street 16th St Utility Storage Yard, Contract No. 1905, was Utility accepted; and the City Clerk was authorized to Storage file a Notice of Completion and to release the Yard bonds 35 days after the Notice of Completion has (2199) been filed. (A report from the Public Works Director attached) 15. The work on the Traffic Signal at Balboa Boulevard Balboa/Main and Main Street, Contract No. 1895, was accepted; Traffic and the City Clerk was authorized to file a Notice Signal of Completion and to release the bonds 35 days (2605) after the Notice of Completion has been filed. (A report from the Public Works Department attached) 16. Removed from the Consent Calendar. 17. The following Harbor Permit Applications were Harbor approved subject to the conditions listed in th Permits/ 11 staff report: �#1134 24 by Elizabeth Vincent Collier to ',.'construct a new concrete bulkhead at #24 Harbor Island. (A report from the Marine Department attached) (b) #225-121b`,1transfer from Leland Bolin to Nellie Reeves at 1210 S. Bay Front, Balboa Island. (A report from the Marine Department attached) 18. The following maintenance dredging harbor permits, were approved, subject to the conditions of �' Permits t - approval under the blanket maintenance permit (304F); - issued by the Corps of Engineers:` #110-1104, Alice Walter, 1104 E. Balboa Boulevard;`/110-1218," Sarah Gregory, 1218 E. Balboa Boulevard; .1,1.6.1-60.3, Fred Wood, 603 North Bay Front. (A report from the Marine Department attached) Volume 31 - Page 225 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 December 12, 1988 Diane Coltrane 93 Sea Borough Newport Beach, CA 92660 Re: 1208 South Bay Front Dear Ms. Coltrane: Our records indicate that there is not a joint Harbor Permit at the above address. We enclose records from our file to support this belief. If you have questions you can reach me at 644-3044. Sincerely, 6 � �`w�y'J'�yp1.�i a,f Yr✓G+�I� r-✓`J�,�{�. Tidelands Administrator 3300 Newport Boulevard, Newport Beach TELEPHONED - CALL " .RETURNED YOUR CALLALL AGAIN t CAME IN TO SEE YOUT CITY OF NEWPORT BEACH • BOX 1768, NEWPORT February 2, 1995 Mr. Perry Grant 1208 South Bay Front Balboa Island, CA 92662 Re: Pier and Float Bayward of 1210 South Bay Front Dear Mr. Perry: Based on our phone conversation of January 27, 1995, it is my understanding that there has been- a-: resolution of the situation regarding. the dock that is encroaching in. front of your property at 1208 South Bay Front, and at this point you are withdrawing your request'to have the City Council review -the permit as required by an agreement signed by your predecessor at 1208 and the current property owner at 1210 South Bay Front:. At this time, the Marine Department will consider this manner resolved, and if you should need: additional assistance, or have any questions, please contact me at (714).644-3044.'' Sincerely, 3300 Newport Boulevard, Newport Beach �- ---- •.fes ?_ _3 r i ? ut- _------------- - f I h f er -�— h hardy and camp, incorporated 801533-0667 rex w, hardy, c, 1. u. Mr. Glen E. Welden Tidelands Administrator Marine Department 3300 Newport Boulevard Newport Beach, California 92663 Dear Mr. Welden: virgil h. camp May 4,1977 Re: Transfer Application- Nellie Reeves Two days before we received your letter of April 19th we sent in the application sent to us on February 25th by Mrs. Laverne Laughlin, along with our check in the amount of $150.00. I -assume you are in receipt of these. I see no real problem in obtaining permission from the owners of 1208 South Bayfront to the continuance of the pier, but frankly it would appear to me that this is an occasion where perhaps we should just let sleeping dogs lie. We do, however, want to cooperate fully and will follow your counsel. Sincerely, r� -- ex W. Hardy RWH:nh 36 south state — suite 2230 salt lake city, utah 84136 A OT,CITY OF NEWPORT BEACH cgciFoh May 4, 1977 Hardy and Camp, Inc. 36 S. State, Suite 2230 Salt Lake City, Utah 84136 Attention: Rex Hardy Gentlemen: An application for the transfer of Harbor Permit #225-1210 from Bolin to Reeves along with the necessary fee has been received by the Marine Department. As was indicated in a letter to you on April 19, 1977, this transfer must be approved by the Newport Beach City Council in accordance with the City's Harbor Permit Policies. In that letter, three alternative courses of action that may be taken by the City Council were listed. Prior to submittal of this applica- tion to the Council, I would appreciate some indication from you as to your preference regarding the alternatives. Should I not hear from you, the application will be submitted to City Council for consideration and determination. Their decision will then be imposed on the permit and failure to comply would result in revocation of the Harbor Permit and removal of the structure at the property owners expense. Please contact me at your earliest convenience so that we may resolve this matter. I can be reached at 741-640-2156. Sincerely, l_ Glen E. Wel den Tidelands Administrator Marine Department GEW : I I City Hall + 3300 Newport Boulevard, Newport Beach, California 92663 dCITY OF NE CALIFORNIA o2sso 't It, oft City Hall c�'�P 3300 Newport Blvd. (7X4)&3W1Q 640-2156 February 25, 1977 Mr. Rex W. Hardy 36 South Street, Suite 2230 Salt Lake City, Utah 84111 Dear Mr. Hardy: Thank you for your letter informing us that Mrs. Nellie A. Reeves is the current owner of 1210 S. Bay Front, Balboa Island. I have enclosed the Transfer Application Card for Mrs. Reeves signature and Mr. Bolin's signature. If you are unable to obtain Mr. Bolin's signature please indicate unavailable on the line for his signature. Upon completion of the necessary signatures, return the card and your check in the amount of $150.00 and we will finalize the transfer for you. Thank you. Sincerel (Mrs.) LaVerne Laughlin Secretary Marine Department LL:s hardy and camp, incorporated 801533-0667 rex w, hardy, c.l.u. virgil h. camp February 18, 1977 City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92663 Attention: Glen E. Welden Gentlemen: This is to advise that Nellie A. Reeves has purchased from Leland Bolin the property located at 1210 South Bay Front, Balboa Island, California. I would appreciate it very much if you could send the necessary harbor permit transfer application to me showing Mrs. Reeves as the new owner of Pier Permit #225-1210. Please also mark your records to indicate that all correspondence concerning this permit should be addressed to Mrs. Nellie A. Reeves, c/o Rex W. Hardy, 36 South State, Suite 2230, Salt Lake City, Utah, 84111. Sincerely, ry — .'-I�ex Hardy RWH:nh 36 south state — suite 2230 salt lake city, utak 84136 W Gs W d w Z. H. OD w r- U W: sn: w .CD ; CD C4, 1 C 1 c3 c cc cc 'CL cn N in !' . N �3 fm �m �.v to a - TTam ° Z n F CC O J Q = 7 m q Q:. w � ~ W LO W U ��aZ - '—' owZ MZ..LL Z F" f 0-_. " _ .0 ,i Gl f LU O o My--.. l I a)M LL - a co W IX '. o 0 Lu w >^ ; . P-4 ! C� U Gs d OD w r- U .CD ; CD C4, 1 c3 c cc cc 'CL . ie �m TTam LO U Q Iq Gl f LU O o l a)M W IX '. o 0 -- Ca Q la ! 0 lu s � rNa Z 22s 21a 'y LJ /,/ a1"56 u.5 ioi L6 Cd TlO/7 ' 1/P✓ N . y � o�• V �A�BOA @-- q LMA 6Ar CC RONA VICINITY SKETCH °-L "AR ' Newport Bay California C, E Q N GfU1'H IL $CnIE MILE$ oradSP� Traced From Los Angeles U,S.E.D. d", 81SA-1 5oeindin9s .27,-e expressed in Fejt end denote 4o` cdeo/A,s he -/ow Mca� Lower LOw Wafer c50 a iH BAY Max. range of 74/01C aPjo�ox,. • /Y/, L . L ..Ya/ o US. Pi�RHEAo L iivE ` FLliAT77. F..� I N o /o so L �i hl /oo .Sca e /n ce . ebb J Proposed/ Fier 3,t2o'lT.a h' eM LL. v. , M �v Propovea� I�/o.a ¢ iGround Linin I— l i•� �' �r 76' Proposed kw 96' __. �-� 20' _��. Peerarad Landing Float Ne'^wr o r•f Ba Y tVewPor.fi 6E?BCh, CC sI o /o go F I - ect. /'9ao aoak, 7 Pa!?e -3 3 r4 S 6 Ors Cou ¢y Rc� 30, 30' 3o' q LMA 6Ar CC RONA VICINITY SKETCH °-L "AR ' Newport Bay California C, E Q N GfU1'H IL $CnIE MILE$ oradSP� Traced From Los Angeles U,S.E.D. d", 81SA-1 5oeindin9s .27,-e expressed in Fejt end denote 4o` cdeo/A,s he -/ow Mca� Lower LOw Wafer c50 a iH BAY Max. range of 74/01C aPjo�ox,. • /Y/, L . L ..Ya/ o US. Pi�RHEAo L iivE ` FLliAT77. F..� I N o /o so L �i hl /oo .Sca e /n ce . ebb J Proposed/ Fier 3,t2o'lT.a h' eM LL. v. , M �v Propovea� I�/o.a ¢ iGround Linin I— l i•� �' �r 76' Proposed kw 96' __. �-� 20' _��. Peerarad Landing Float Ne'^wr o r•f Ba Y tVewPor.fi 6E?BCh, CC sI o /o go F I - ect. Splec�al Olympics California 501 Colorado Suite 200 Santa Monica, CA 9040 1-243 5 (310) 451-1162 Fax (310) 458-1029 January 12, 1995 Mayor John Hedges City Hall 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mayor Hedges, It has come to my attention that an issue raised by the new home owner next door to Mrs. Nellie Reeves has brought into question her dock. I have known Mrs. Reeves for more than twenty years and she is one of the finest human beings that I have come to know. Through her kindness and philanthropic contributions, the Newport Beach area is a better place. Over the years, I have taken many mentally retarded athletes, who are part of our Special Olympics Programs in Los Angeles and Orange Counties, to her home and dock and that experience has become a high point in their lives. As you review the dock situation my hope is that there will be no change and it will be left in her name as it has been for the past 15 years. My bestit wishes to you. Rafer 7ohnsVn Chairman, Board of Governors cc: Jean Watt Tony Melum Created by the Joseph P. Kennedy Jr. Foundation Authorized and Accredited by Special Olympics International for the Benefit of Citizens with Mental Retardation gl; i2p 7-0 17 January 11, 1995 Mayor John Hedges Newport Beach city Hall 3300 Newport Blvd. Newport Beach, Ca. 92663 Dear Mayor Hedges: I am writing to strongly urge you and our City Council to allow Mrs. Nellie Reeves to retain the sole ownership of the pier in front of her home at 1210 South Bay Front, Balboa Island. It is my understanding that Mr. Terry Grant, who has just purchased the next door property located at 1208 South Bay Front, is requesting partial ownership of the pier. We are residents of the Island for over 25 years, living at 1302 South Bay Front. We have known Mrs. Reeves for 15 years and found her not only to be an ideal neighbor and friend, but committed to keeping the pier and her property in mint condition. A quick inspection of both will verify the pride and interest Mrs. Reeves has consistently shown. Requiring her to share the pier simply because it borders the property line between the two homes is, in our opinion, no justification for any change. She has proven herself worthy of sole ownership. We request that you leave the ownership of this pier "as is in Mrs. Reeves' hands. Sincerely, 'YEuge e Pickett Copies: Jean Watt, council member Tony Melum i� B, ty Mickett O A CIOI f'/i .:y _ �• n+f w:a-;- ~' •rte.. ;;,; --..' -,_ . �evrporr ;:.a' �aarornl� :. „ •. j 1208 1210 L' TacLid Fr,.�- C / T! �—_ SOcindinS,+S d� Cx�pr�•3.s�d in Fir erne 1 G✓i I7 de�p7'hS Oe•/C"o MGe�is LOwc� �Ow W= =WA �o/orox. iOFt. J I'f I LC'S W l72" A ,�/iyC' ,. J /SJ G S • ) � /� I a . { a ' ! 1 � ft • i Gir. P�ERh+EAG wi E' " N G�.vE ' f EfA7 %•iCQ . t , � Rbposeo/ Fier � �t ' Y,.""t...^1r�.ra,.� _•r ' �.. � t Y= ....--,-R-ePs�s�d Ancnar Pi/� 1 p+ i � •y Y'/•: :' •? .:, . �:;.; • adored 47 - 11 ?M• fir jetT - e / �� _ �6• _ : _; A� Proposed ►, .1� •Pier and Landing Pic Nk 7F/L �° ,►, r, Newpo rt f3d . a { io I Newport l3t+tiCh• CNljt�,, -_ %�-,Ier /•y %i'il. �Ary./•�...•ww tY L. &.. Cwl/VST' HAKbUK Vt:KMI-I APPLICATION (Please print all e &eAler 02� 1. Applicant (Property Owner) Address 2. Project Address (Street/Address) Harbor Q+ rmation) f4,1o,7.3 Te phone 1zie mit Number 3. New Construction Revision Maintenance 'V Dredging 4. Fee✓�� Check No. ��` Date / 5. Brief Description of Proposed 6. Submit 8 1/2" x 11" Drawings (3), Include: 1). Location and dimension of proposed structure including piles and location of existing structures. on adjacent properties. 2). Location of bulkhead, pierhead and project lines. 3). Location of property lines. 4). Location of channel markers within 200 feet. 5). Lot sizes and lot numbers, if available. 6). Existing ground profile beneath proposed structure. 7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W. 8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W. 9). Any special conditions affecting the construction or affecting boating operations. 10). Complete ail information required in information block, bottom of sheet. Note that the OWNER. of the property is the applicant. 11). Drawing size shall be 8 - 1/2" x 11 12).Scale shall be adequate to clearly show the above information. 13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines. 7. Owner -Builder Declaration must b " ompleted er side of this sheet) 8. Applicant's/Agent's Signature: �, Date: 1 Joint Permittee. Signature (If applicable - *Da/ 9. Work can begin once the City has received evidence of the following additional approvals and you have been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach Municipal Code and subject to penalties. 10. Your permit will not be final until we have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted fora final inspection. OFFICE USE ONLY Approval in Concept. Approval of the City of Newport Beach Council. Approval of the Army Corps of Engineers Approval of the California Coastal Commission. Approval of the City's Public Works Department. Approval of the City's Building Department. Approval of County of Orange. -�` Electrical and/or plumbing permit (Building Department) V/ Issued. (Permit is stamped drawing) l� Site Inspection. (call 644-3043 for appointment) Site Re -Inspection Conditions: Date Date Date Date Date Date Date Date Date Date s-�4 Date OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit su je.cts the applicant to a civil penalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to anowner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If,. however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the purpose of sale). I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects who builds or improves thereon, and who contracts for such projects with a Contractor(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Professional Code for this reason: Owner's Signature: Contractor: Address: License class: State Board No. License Contractor's Declaration Date: Telephone: _ City License No. I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and my license is in full force and effect. Contractor's Signature Date: f y e 3 VICIIN,,Y SXETG,,i 4jaok ? . 'Pd y 7 C 3 ; t I o; ar8-, a Co -- x /QBC'orDS I:c_ftd Fr^ S -r;Ples j Sot//rdinc�s dna cx�se.:55s<2-d in feet onv oc��ote 4: i_ oGP�Cis De/oyv Mw.� Lower LOw vt/aer 1 c,.S.rJ 1 - 1 ��—a L. S.SLLiCXE'.SD L/NE � /SJG= tb U•S.2JS.•''o• W. r b /o'x?o•F1oAT. �� I o io so ioo Proposed i Pierand Landing Float Newporf fad r tvco Y C. ti. calvcr Jar7.2 /.944 Prv/c.oae� Fier � ?",_:�...—'° � V..-,,�� r •i•/�rapo3Co� f]ncrJ6r fi/E _ s—? ` ._d ��---';-_._,'�� .-r.rb rv• `: -?'`'�` ,� .... Proposed /�"ioa t .• � � f 1. 4 •, ,o�� _iGo ?e I �•� IIZ ,� 1J fJ o .3c��e ro Fcc1. Proposed i Pierand Landing Float Newporf fad r tvco Y C. ti. calvcr Jar7.2 /.944 P ERMISSION 93 HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEINPORT BEACH AND ANY SAECIAL. CONDITIONS LISTED HEREON. THIS PERMIT IS NOrTRANSFERABLE WITHOUTTHE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL, THE RIGHTS GIVEN UNDER THISPERMIT PERMISSIVE ONLY AND THIS PERMIT Y REVOKE B THE CITY COUNCIL. IN ACCORDANCE 17 E MUNICIPAL CODS, v 'CfTY'HATt60R COORDINATOR PERMIT NO. DATE /2, I �3Ht,30A ISL.IANO ,Coce7 Nf dy ! ` 474 �• j` yew.Dort :; axjrorma IIry f N I � I J16 G7.21208 [ed Fra,n ;ys,'.ge;es L. S. r.3 • i Soc/ndings dre CxPres��d in Feerr �rnd de. i �• I �— o'eprrss be/ow Moors Lowe.• .Cow v✓arer- `SG ✓ r� SAY Max. ranS7� of rale a/o/o�ox. /oft. I i .i it t i I M. Al W °-A b 1. NO I �l /0! Gives— i • r �•• •�� O /O X0 /00 ?•..... ... .i.... . f J Cale in "fir.�'b� iiae I A4 .Proposed W,« . 3,�ao•n�,��; n Y+"�'.-•J�� M LW. w ��• - �"�. ...'I •Proposee� Ancnoi- Pi/f . CJ ! ` � _'�''• ;7;�� C`i _T •Proposed Moat .rjjF Ground lino " i. • I i �� •�',''1=r �� — v tj iN Proposed I ;r - - - �+-� 20• '�� ' �Pierand Landing Float I Newport Bcj Y • u io 40 � I I IAnpl.•../..1• ry L+ b. C.41vel- .jcr/t io Fc•ct. Nellie A. Reeves 1210 S. Bayfront Balboa Island, CA 92662 (949) 673-3662 January 26, 1999 To: The City of Newport Beach Re: Dock maintenance permit To Whom It May Concern: I am requesting a Maintenance Permit for my dock at 1210 S. Bayfront on Balboa Island. This permit will be used for replacing some rotten wood and painting. We will not be changing the structure, size or location of the dock in any way. I am asking Greg Boston to oversee the maintenance for me. If you have any questions, please contact him at (949) 722-6799. Thank you for your help with this. Sincerely, 22:�� Nellie A. Reeves fsb O A 1 S L iA Pv,� •;� �� ,�. J VI -IN; 7Y Q � 1".:9 I�.Y1A4 8:5r•• LT. -aced fr.:n e:;5.••i�Pl6S i4r.r 1208 1210 Soundinss �xp�e3.s�d ;.� fir �c ' ice- � ,deprns bolos✓ M��s Law�r ..ow ° SAY�e of ride aro�roX•/oft Max. i' SO 61 . ; �� — � �� S,v../cXEA•G !'.INC 1 - to 'a -Z. ! e 1 1 1 0 � 1 1 1 1 { Ab • � � �� Mm� lei.: P1F�NEiiG , N• �G — s ♦ .—" � � �••' rte. �.�' •�� •Y �% ° ."' ' 1•••� ireAM �•s ei.e. �0 a 1 !A f Os . Av aed P,er W. , - .�-�- " •;-A•ppo�ed Anchor P�/E floe t 11 73 h 20• .. 1 .Tcr�e 1� feat. Proposed ,P1erand Landing PIC -4ewpor't Bd Y Atitwpe.r t C h.. ,4 I i r o F-rL. ti. c cher