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CITY OF NEWPORT BEACH
Public Works Department
Harbor Resources Division
May 10, 2013
Delivered via Regular First Class Mail
Harry S. Carmack, Esq.
Attorney at Law
474 East 17 th Street, Suite 201
Costa Mesa, CA 92627
RE: Denial of Harbor Permit Transfer Application — 508 S. Bay Front
Dear Mr. Carmack:
The City of Newport Beach ("City") received your client's Harbor Permit Transfer Application dated April
24, 2013 ("Application"), in which your client requested the annually renewable pier permit for 508 S. Bay
Front be transferred from The Vallely Trust to The John Stephen Vallely Trust.,
The Application was submitted pursuant to the transfer regulations in Newport Beach Municipal Code
("NBMC") Section 17.60.030(C). This section relates to non-commercial residential piers. As you are
aware, your client's pier is a commercial pier that encroaches in front of a neighboring residential
property. Your client's pier permit is regulated by NBMC Section 17.35.020(F), which provides, in part:
"in areas where existing piers and floats encroach in front of abutting upland property owned
by others, a new permit approved by the Harbor Commission shall be required upon: ... (3)
Any change of existing ownership of the abutting upland property owned by the permittee or
upon death of the permittee."
Therefore, instead of a transfer application your client should submit a new pier permit application
pursuant to NBMC Section 17.60.020. The City is denying your Application without prejudice so that you
may apply for a new pier permit.
Pursuant to NBMC 17.60.020, you may apply for a new Pier Permit. For your convenience, enclosed with
this denial letter is an application for a new pier permit.
Alternatively, pursuant to NBMC Section 17.60.080, you may appeal this denial of your Application within
twenty-one (21) days of the date of this letter. For your convenience, enclosed is the Request for Harbor
Resources Administrative Hearing Form.
Thank you for conta ng the City of Newport Beach.
Chris Miller
Harbor Resources Manager
cc: Michael Torres, Assistant City Attorney
Enclosures
1 We understand the abutting upland commercial property is also being transferred from The Vallely Trust to the
John Stephen Vallely Trust.
829 Harbor Island Diiive, Newport Beach, CA 92660
www.newportbeachca.gov (949) 644-3034
Date of Application:
Property Address:
Property Owner:
Billing Address:
City/State/Zip:
Email:
Phone:
City of Newport Beach
Pier Permit Application
For Commercial and Noncommercial Piers
Pursuant to Newport Beach Municipal Code Section 17.60.020, an application for any new Pier Permit
must be submitted to the Harbor Resources Division at the address below. The application will be
reviewed and a determination will be made.
Please use the space below to explain the reason for the new Pier Permit for the subject property.
Additional pages may be included. Submit plans, maps, aerial photographs and other materials to
support your request. If this is a commercial pier, please provide descriptions, locations and diagrams
for dedicated parking per Newport Beach Municipal Code Section 20.40.040.
I
Signature (specify Owner, Lessee, or Agent of the Owner of the Property) Date
(Note: The application shall be signed by the owner of record or may be signed by the lessee or by an authorized
agent if written authorization from the owner of record isfiled concurrently with the application.
Harbor Resources Division
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / fax (949) 723-0589
3/15/13
949.644.3141 Phone
P2 949.723-3545 Fax
01?0% City of Newport Beach
PO Box 1768, Newport Beach, CA 92658-8915
REQUEST FOR HARBOR RESOURCES ADMINISTRATIVE HEARING
Please print or type in BLACK ink only. A complete mailing address is required.
Name: Permit Number:
Address: Telephone #
City/State/Zip: Email
Pursuant to Newport Beach Municipal Code Section 17.65, 1 request an Administrative Hearing on the
Harbor Resources management decision related to the Permit Number listed above. I have enclosed the
required appeal fee in the amount of $100. Please provide a brief statement describing the reason for the
appeal. BLACK ink only.
I declare under penalty of pedury under the laws of the State of California that the foregoing (including any
attachment(s)) is true and correct to my knowledge.
Driver License: State/Number Date Signature
OR Social Security Number
Form and payment MUST be received by the Revenue Division within 21 days of Harbor Resources
management's decision date.
THIS SECTION WILL BE COMPLETED BY THE CITY OF NEWPORT BEACH
The City of Newport Beach has granted your request for a hearing.
Hearing scheduled for (date) and (time).
HEARINGS WILL TAKE PLACE AT CITY HALL, 3300 NEWPORT BLVD, NEWPORT BEACH CA
92663, BUILDING # CONFERENCE ROOM
You MUST call 949-644-3137 to confirm that you will be attending your assigned hearing date and time by 5:00 pm
on . Failure to confirm your scheduled hearing date will result in the cancellation of your hearing.
Hearings that have not been confirmed will not be rescheduled and your opportunity to appeal will be forfeited.
If you will not be available for your hearing date and time, you must contact the Revenue Division at least one business
day prior to the hearing date to request a continuance. You may request the continuance by calling 949-644-3137.
Please be advised that hearings can only be postponed once.
FOR OFFICE USE ONLY
Date received: Apply payment to: 5060-8359
Counter: Fax: US Mail:
Customer notified form was received
HARRY S. CARMACK
ATTORNEY AT LAW
474 E. 17th Street, Suite 201
Costa Mesa, California 92627
Tel: 949-642-5548
Fax: 949-642-1588
E-mail: hcarmack@pacbell.net
April 24, 2013
Chris Miller
Harbor Resources Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Pier and Floats at 508 South Bgy Front, Balboa Island, C
Dear Mr. Miller:
Submitted with this letter is an application for a Harbor Permit transfer, for
Commercial Pier Permit No. CP25605081, from The Vallely Trust, established March 3,
1972, to The John Stephen Vallely Trust, established September 8, 1992. Attached are
copies of the following documents:
1. War Department Permit — April 27, 1936 (3 pgs.)
2. Excerpts from City Council Minutes - July 18, 1938
3. Public Works Director Memorandum — October 24, 1966
4. Carmack letter — June 7, 2012
5. Carmack letter — July 16, 2012
This application shall not be construed as an admission on the part of Vallely that
Vallely is required to obtain the City's permission to transfer its commercial pier permit.,
nor construed as a waiver of Vallely's legal rights. Vallely reserves its legal right to
transfer its vested right to use and maintain the pier as presently configured, and its legal
right to transfer the right to use and maintain the pier as a legal, nonconforming use.
Very truly yours,
HARRY S. CARMACK
HSC/vallely.Itr.
cc: John Vallely
_rlehoj"e.
_rlrwo�ty
HARBOR PERMIT
TRANSFER APPLICATION
829 Harbor Island Drive
Newport Bea�ch, CA 92660
949-644-3044/fx 949-723-0589
**Date of Applicaton: 6%fli-J113 Permit Number- Is
Q,X!�40 1-081
**Property Address: A!gu .,ey__qK es, r-^vA+
0
.!;!SwyeF Names:
l4eyer',,5!. Signatures:
Billing Address'.
Joint Owner Signature*
**Escrow Company: 141A Phone#
**Address I
**Escrow Number:
Closing Date (Estimate):
Email:
**Fax #:
*STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
Inspection Date: Reinspection Date:
Fee Paid:
Check No:
Application Complete,
Harbor Resources SignaturelDate
Special Conditions: This permit is revocable by the City Council
in accordance with Title 17 of the Newport Beach Municipal Code.
TO: CITY COUNCIL
FROM: PUBLIC WORKS DIRECTOR
SUBJECT:
DISCUSSION:
OCTOBER 24, 1966
PROGRESS REPORT ON PROCEDURE FOR HANDLING PIER ENCROACHMENTS
IN COMMERCIAL ZONES
,/-7
AS A RESULT OF THE WRITTEN REQUEST OF MARGARET ROGERS FOR THE REMOVAL
OF THE HARBOR STRUCTURE OWNED By ROLAND VALLELY, LOCATED BAYWARD OF HER PROPERTY
AT 510 SOUTH BAY FRONT, BALBOA ISLAND, THE CITY COUNCIL ON SEPTEMBER 26, 1966i
INSTRUCTED THE STAFF TO RECOMMEND A PROCEDURE FOR HANDLING PIER ENCROACHMENTS
IN COMMERCAAL ZONES.9 AND TO REPORT BACK NOT LATER THAN OCTOBER 24� 1966.
SECTION .1-6 OF THE APPROVED HARBOR PERMIT POLICIES CONTAINS THE,�FOL
LOWING WORDING:
"SHORE -CONNECTED PIERS AND FLOATS SAYWARD OF COMMERCIAL -ZONED A -el,
AREAS MAY BE USED BY PERSONS OTHER THAN OCCUPANTS OF THE
ABUTTING UPLAND PROPERTY."
THE POLICIES PERMIT THE TYPE OF USE NOW BEING CONDUCTED BY MR. VALLELY,
AND ANY RESTRICTIONS PUT UPON MR. VALLELY WOULD REQUIRE A CHANGE IN THE POLICIES.
BEFORE ANY PROCEDURE FOR HANDLING PIER ENCROACHMENTS INTO COMMERCIAL
ZONES CAN BE RECOMMENDED, IT WILL BE NECESSARY TO DEFINE THE PROBLEM BY IN-
V-E,N.T_0 R Y -1 Rq _A�L L 0 F T H E EXISTING USES AND ENCROACHMENTS. TH13 CAN BEST BE HANDLED
BY FIELD INSPECTION IN CONJUNCTION WITH THE USE OF AERIAL PHOTOS WITH OWNERSHI-P
LINES PLOTTED THEREON- IN THE APPROVED BUDGET FOR THIS FISCAL YEAR.9 THE CITY
HAS PROVIDED FUNDS FOR NEW AERIAL PHOTOS WHICH ARE ESTIMATED TO BE AVAILABLE ON
OCTOBER 21, 1966. THE INVENTORY CAN BE COMPLETED WITHIN TWO TO THREE WEEKS AFTER
RECEIVING THE PHOTOS-
WHEN- THE ABOVE INFORMATION HAS BEEN COMP ILED.9 IT WILL BE REVIEWED TO
DETERMINE IF ANY CHANGES TO THE PRESENT HARBOR POLICIES SHOULD BE RECOMMENDED.
IT 13 EXPECTED THAT A REPORT COULD BE READY FOR COUNCIL CONSIDERATION BY THE
MEETING OF No_v_E_mBER.28,,_1,q66.
J SEPH,T DEVLIN
j
WO -Ks DIRECTOR
Pi 7BL I C WO
P'. VR
HARRY S. CARMACK
ATTORNEY AT LAW
474 E. 17th Street, Suite 201
Costa Mesa, California 92627
Tel: 949-642-5548
Fax: 949-642-1588
E-mail: hcarmack@pacbell.net
June 7, 2012
Chris Miller
Harbor Resources Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Pier and Floats at 508 South Bav Front. Balboa Island, CA
Dear Mr. Miller:
I represent the Vallely Trust ("Vallely"), owner of the property at 508 South Bay
Front, Balboa Island, CA (the "Property"). I am aware you have had discussions with
John Vallely, co -trustee, concerning the issue of the shore -connected pier and floats at
the Property, and Mr. Vallely has indicated to you his desire to sell the Property along
with the right to the use of the pier and floats. Mr. Vallely appreciates your cooperation,
and has asked that I become involved only after the retention of counsel by the adjacent
property owner.
I am in possession of your email of June 5, 2012. My understanding of the email
is that the City takes the position the existing pier permit is not transferable because the
floats encroach in front of the adjacent property, and the granting or denial of a pier
permit to a new owner would be at the discretion of the Harbor Commission following a
new application. (NBMC 17:35.020 F.)
Your email does not address the historical information provided by Mr. Vallely.
The pier and floats were approved for commercial use and have been operated as a
marina in its present configuration for 76 years. Although I am unaware of the date
Harbor Permit Policies were first enacted, as of 1966, Section 1 -B of the Harbor Permit
Policies stated as follows:
"Shore -connected piers and floats bayward of commercial -zoned areas may be
used by persons other than the occupants of the abutting upland properties."
As of 1966, the pier and floats at the Property were an approved, conforming
use. The addition to the Harbor Permit Policies pertaining to the elimination of
encroaching pier and float facilities, i.e., Section 29, appears to have been enacted on
January 9, 1967. The language of Section 29 carries forward almost verbatim in Section
17:35.020 F.
Page 1 of 2
Chris Miller
Harbor Resources Manager
City of Newport Beach
June 7, 2012
Page 2 of 2
With this history in mind, it would appear Vallely has a vested right to continue
the existing use, lawfully established under prior law, The California Supreme Court has
held that use of the land at the time the use becomes nonconforming determines the
right to continue the use — not ownership. Transfer of title does not affect the right to
continue a lawful nonconforming use that runs with the land. (See Hansen Brothers
Enterprises, Inc. v. Board of Supervisors (1966) 12 Cal.4 th 533, 540.) Thus, Vallely may
transfer the vested right to continue the existing use to a new owner.
In summary, Vallely believes it may sell the pier and floats as they presently
exist, with the right to use the facility as a marina for boat rental. Vallely requests a letter
from the City indicating that the transfer of ownership of the Property will not require the
new owner to obtain a new pier permit.
The resolution of this matter is of some urgency, as Vallely is marketing the
Property, and is informed the value of the Property could be affected by as much as
$400,000.00, depending on the right to use the existing pier and floats.
Please feel free to contact this office.
Very truly yours,
1 /"7 -1 - Cll"'e
HARRY S. CARMACK
HSC/Itr.vallely
cc: John Vallely
HARRY S. CARMACK
ATTORNEY AT LAW
474 E. 17th Street, Suite 201
Costa Mesa, California 92627
Tel: 949-642-5548
Fax: 949-642-1588
E-mail: hcarmack@pacbell.net
July 16, 2012
Chris Miller
Harbor Resources Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Pier and Floats at 508 South Bay Front, Balboa Island, C
Dear Mr. Miller:
I am in receipt of your letter of June 27, 2012, issued in response to my letter to
you on behalf of the Vallely Trust ("Vallely"), dated June 7, 2012. The issue presented
by my letter is whether or not the City of Newport Beach (the "City") will require a new
owner of the Vallely property at 508 South Bay Front, Balboa Island, CA (the "Property")
to obtain a new pier permit to continue the present use of the pier and floats (collectively
the "Pier") as a marina for boat rental. Your letter responds that when ownership of the
Property is transferred, the new owner must obtain a new permit for the Pier under
NBMC Title 17. 1 respectfully disagree.
In the first paragraph of your letter you indicate you have reviewed the historical
information and case law cited in my letter and determined the Pier is not a legal
nonconforming use, But contrary to this determination, the historical record clearly
establishes that the City has considered the Pier a legal nonconforming use since at
least the latter part of 1966, and the historical facts establish each requirement for a
legal nonconforming use.
The pier without the floats existed prior to the Vallely purchase of the Property by
Grant Deed, dated March 7, 1935. The Grant Deed conveyed the grantor's interest in
the pier. The permit for the wooden floats and anchor piles was obtained from the Army
Corps of Engineers on April 27, 1936. The City granted permission to install a float
fronting on Lot 6 on July 18, 1938 (the encroaching float), without conditions. Kenneth L.
Perry, Assistant City Engineer, by letter dated January 15, 1965, stated the Pier existed
prior to the time the City started issuing Harbor Permits. Thus, the Pier existed prior to
the adoption of Harbor Permit Policies, and prior to the adoption of any regulation
concerning location of commercial piers. Joseph T. Devlin, Public Works Director,
stated in his letter to the City Council, dated October 24, 1966, referring to Section 1 -B of
the then Harbor Permit Policies: "The policies permit the type of use now being
conducted by Mr. Vallely, and any restrictions put upon Mr. Vallely would require a
change in the policies."
Chris Miller
Harbor Resources Manager
July 16, 2012
Page 2 of 2
On January 9, 1967, the City Council adopted Section 29. Encroaching Piers and
Floats, pertaining to the elimination of encroaching pier and float facilities, and requiring
a new permit upon change in existing ownership of the abutting upland property, At that
time, the Vallely Pier became a legal nonconforming use, and the right to continue the
use as constructed became a vested right,
Your letter claims that an essential aspect of a legal non -conforming use is a
vested interest in property that runs with the land. You contend the Pier is not a vested
interest that runs with the land, apparently because the Pier is located on tidelands and
not the Property. However, you offer no legal authority for the proposition that a vested
interest must be located on the property of the interest owner in order to run with the
land. The City of Los Angeles v. Gage case cited in your letter offers no support for this
proposition. Vested rights routinely arise in situations where building permits are
granted for private construction, such as driveways, over public land and rights of way.
The Pier is owned by Vallely and Vallely is assessed property taxes on the Pier
as an improvement existing on the Property. Vallely, the abutting landowner and marina
operator, received a permit to construct the Pier and incurred substantial costs in good
faith reliance on the permit. Where a permittee in good faith has undertaken substantial
construction and incurred substantial liabilities in reliance upon a permit, its right to the
permit and to the use authorized thereby becomes immunized from impairment or
revocation by subsequent governmental regulations. (See Avco Community Developers
v. South Coast Regional Commission (1976) 17 Cal. 3d 785, 79 1.)
Vallely contends the original permit to construct and operate the Pier created a
vested right that runs with the land, and the right to continue that use may be transferred
to a subsequent owner. (See Hansen Brothers Enterprises, Inc. v. Board of Supervi . sors
(1966) 12 Cal.4 1h 533, 540.) A vested right is a form of property. (See Aries
Development Co. v. California Coastal Zone Conservation Committee (1975) 48
Cal.App.3d 534.)
Vallely requests the City reconsider its position and issue a letter recognizing
Vallely's right to transfer the Pier as it presently exists without a new pier permit. Your
failure to issue the letter will result in an action for declaratory relief and to enjoin the City
from requiring the permit. I would ask that you respond by July 31, 2012.
Very truly yours,
�4 I C"'�
HARRY S. CARMACK
HSC/Itr.vallely
cc: John Vallely
'CITY OF NEWPORT BEACH
Volume 20 - Page 157
Minutes of REGULAR MEETING OF THE CITY COUNCIL
Date of Meeti�ag: December 27, 1966
Time of Meeting: 7:30 P. M.
index pinn� nf AA-1-i—
J0
R&S re
R-6469
vacati
Por 0c,
Front
CA -14
R-6484
CA -38
R-6485
Nrg we�
Aba teml
protesi
CA -11
COUNCILMEN
Roll Call:
Present
x xx
x
X
Ab s ent
x
x
The reading of the Minutes of the Regular Meeting of
Motion
x
December 12, 1966 was waived, and said Minutes were
Aye s
y xx
x
x
approved as written and ordered filed.
Absent
x
x
HEARINGS:
1. Mayor Pro Tern Marshall opened the public hearing in
accordance with Resolution No. 6469, being a Resolu-
tion of Intention of the City CQuncil of the City of
Newport Beach declaring its intention to order the
closing up, vacation and abandonment of a portion of a
certain street known as Ocean Front.
No one desired to be heard.
The hearing was closed.
Motion
x
Ayes
x xx
xx
Absent
x
X
With the unanimous consent of the Council, Mayor Pro
Tem Marshall stated that the further reading of the
resolution.was waived.
Res'olution No. 6484, ordering the vacation, closing up
Motion
x
and abandonment of a portion of a certain street known
Roll Call:
as Ocean Front, was adopted.
Aye s
x x
x
x
x
Absent
x
x
Resolution No. 6485, accepting a Grant Deed from
Motion
x
Juanita Denni, was adopted.
Roll Call:
Ayes
x x
x
x
x
Absent
x
x
2. Mayor Pro Tern Marshall opened the public hearing for
protests to the 1965-66 Weed Abatement Program
(Autumn 1966), under the provisions of Resolution
No. 6420, and the Council considered the Report of
the Superintendent of Streets dated December 8, 1966,
copy of which had been posted for more than three
days on the bulletin board of City Hall.
The above-mentioned report from the Superintendent
of Streets on the cost of weed abatement in certain
localities in the City, in accordance with Resolution
No. 6420 and Chapter 10. 48 of the Municipal Code,
with attached assessment 1�ist, was presented with a
memorandum from the Public Works Director dated
December 27, 1966.
No one desired to be�hea.rd.
The hearing was closed.
Motion
x
&
Ayes
x x
x
x
x
ATTEST:
Absent
x
x
ayor Fro kVmaj(pL(&MePxv
P.g. 157
AKtinj City L7 -
11
Index December 27, 1966
R-986
0-1-199
0
CA -10
40
0-1200
CA -20
CITY OF NEWPORT BEACH COUNC'ILMEN
Volume 20 - Page 158
Resolution No. 6486, confirming report of the Street
Superintendent on the abatement of weeds and other
nuisances and requesting the addition to the tax roll of
the City's assessments for such abatement and the
collection thereof by the County Tax Collector, was
adopted.
ORDINANCES FOR INTRODUCTION:
1. Emergency Ordinance No. 1199, being,
AN EMERGENCY ORDINANCE OF THE CITY OF
NEWPORT BEACH EXTENDING THE EXPIRATIO]
DATE OF CERTAIN INTERIM ZONING REGULA-
TIONS PROHIBITING OUTDOOR RESTAURANTS
AND DRIVE IN OR TAKE OUT RESTAURANTS
IN COMMERCIAL ZONES AS PROVIDED IN
ORDINANCE NO. 1174,
was presented for introduction and adoption with a
memorandum from the City Attorney dated December
20, 1966.
The reading of the Ordinance in full was waived by
unanimous vote.
Councilman Shelton made a motion to adopt Emergency
Ordinance No. 1199 extending the expiration date of
the moratorium, as set forth in Ordinance No. 1174,
to April Z4, 1967.
Mr.- Dick Pomeroy, representing Jack-in-the-Box, Inc
spoke from the audience and read a letter from Thorna�
Carver of Trippet, Yoakum & Ballantyne Law Offices
requesting extension period of the emergency
ordinance be for 30 days only.
A vote was taken on Councilman Shelton's motion,
and Emergency Ordinance No. 1199 was adopted.
Z. Proposed Ordinance No. 1200, being,
AN ORDINANCE; OF THE CITY OF NEWPORT
BEACH ADDING SECTION 12. 12. 040 TO THE
NEWPORT BEACH MUNICIPAL CODE AND
AMENDING SECTION 12.44.030 OF SAID CODE
RELATING TO PARKING METERS ON CITY
HALL PROPERTY,
ATTEST:
Aceing' City Clerk
Page 158
o ion
t�
R I Call:
Aye x
Abs:nt 1-1-1 I -lx
Motion
Aye s
Absent
Motion
Roll Call:
Ayes
Abseni
x
x
x
Index
"0
0-1191
40
CA -182
CA -179
CITY OF NEWPORT BEACH
Volume 20 - Page 159
December 27. lq66
COUNCILMEN
was presented with a memorandum from the City
Attorney dated December 21, 1966.
Ordinance No. 1200 was introduced and passed to
Motion
X
second reading on January 9, 1967.
Roll Call:
Ayes
X
XX
X
Absent
XX
)RDINANCES FOR ADOPTION:
Revised Ordinance No. 1191, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH ADDING SECTIONS 10.28.040 AND
10. 28. 050 TO CHAPTER 10. 28 OF THE NEWPOR
P
BEACH MUNICIPAL CODE RELATING TO
NOISE ARISING FROM CONSTRUCTION
ACTIVITIES,
was presented for second reading.
With the unanimous consent of the Council, Mayor
Pro Tem Marshall stated that the further reading of
the ordinance was waived.
OrdInance No. 1191 was adopted.
Motion
X
Roll Call:
Ayes
X
X
X
X
Absent
X
X
Ordinance No. 1198, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTIONS - 5.44.13 0,
S. 44.150, AND 5.44.173 OF THE NEWPORT
BEACH MUNICIPAL CODE RELATING TO
COMMUNITY ANTENNA TELEVISION SYSTEMS,
was presented for second reading.
With the unanimous consent of the Council, Mayor Pro
Tern Marshall stated that the further reading of the
ordinance was waived.
Ordinance No. 1198 was adopted.
Motion
X
Roll Call:
Ayes
X
X
X
X 3
Absent
X
X
ATTEST: Mayor Pro Tempore
City'r*117-rk
LT
Page 159
K
R
N
14
Ed
IR
D
Index 'n --l- '>7 10ff,
CITY OF NEWPORT BEACH COUNCILMEN
Volume 20 - Page 160
51
—096
3. Ordinance No. 1196, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH GRANTING TO COMMUNITY CABLEvisioir
COMPANY A NONEXCLUSIVE FRANCHISE TO
CONSTRUCT, MAINTAIN, AND OPERATE A
COMMUNITY ANTENNA TELEVISION SYSTEM
WITHIN SAID CITY,
was presented for second reading.
.k-179
With the unanimous consent of the Council, Mayor Pro
Tern Marshall stated that the further reading of the
ordinance was waived.
Ordinance No. 1196 was adopted.
Motion
Roll Call:
Aye s
Absent
xx
x
x
—1197
4. OrdinanceNo. 1197, being,
AN ORDINANCE OF T14E CITY OF NEWPORT
BEACH GRANTING TO WARNER BROS. TV
SERVICES, INC. A NONEXCLUSIVE FRANCHISE
-TO CONSTRUCT, MAINTAIN, AND OPERATE A
COMMUNITY ANT-ENNA TELEVISION SYSTEM
WITHIN SAID CITY,
was presented for second reading.
ft -179
With the unanimous consent of the Council, Mayor Pro
Tem Marshall stated that the further reading of the
ordinance was waived.
Ordinance No. 1197 was adopted.
Motion
0
Roll Call:
Ayes
x x
x
Absent
x
CONTINUED BUSINESS:
ftTV
1. A memorandum was presented from the City Attorney
dated December 21, 1966 regarding Community
Antenna Television Systems documents.
—6487
Resolution No. 6487, approving the proposed rater,
Motion
and charges to subscribers of Community Cablevision
Roll Call:
A-179
Company, was adopted.
Ayes
xx
x
Absent
kD7 00
ATTEST: Ma)Fo-r Pro Tempore
Acting City CIqFk I
P age 160
C
x
CITY OF NEWPORT BEACH
Volume 20 - Page 161
Index December 27, 1966
A discus regarding the rates and charges
to subscribers of Warner Bros. TV Services, Inc. , and
because of pending hearings of the F. C. C. and the
telephone companies, rates could not be established
until �xft6r.the hearings.
A resolution approving the proposed rates and charges
to subscribers of Warner Bros. TV Services, Inc.
was tabled without prejudice.
R-6488 Resolution No. 6488, declaring intention to hold a
public hearing for the purpose of considering the
adoption of certain rules and regulations governing
the operation of Community Antenna TV Systems
within the City and setting the public hearing for
January 9, 1967, was adopted.
jk2... A memorandum was presented from the Public Works
of Director dated December 20, 1966 regarding the claim
city for extra work of the contractor, R. C. Rodriquez
Coast Co dba City Construction Company, in connection with the
re C-1003, 1965-66 Sewer Replacement Program Contract
(C-1001).
Subject claim of R. C. Rodriquez dba City Construction
CA -64 Company was denied, and the City Attorney was
authorized to defend the City against any legal action
in connection with subject claim.
R�-6489 3. Resolution No. 6489, accepting 'a Grant Deed from The
Tr 3357 Irvine Company, Sunny Homes, Inc. and various other
CA -23 lessees, by which Lots B and C of Tract No. 3357
CA -38 are granted to the City, was adopted.
CURRENT BUSINESS:
Hat are
Baseball
Prog Pol
Agrmt
C-1089
CA -49
0-
1. The matter of the Harbor Area Baseball Program
Policy Agreement between the City of Costa Mesa, the
City of Newport Beach, and the Harbor Area Boys'
Club, was considered.
The City Manager was authorized to enter into a new
agreement for the Harbor Area Baseball Program.
ATTEST:
,�6- 4.c aeaa
Acting City-Cle-jot
Ma�or Pro Tempore
Page 161
COUNCILMEN
Motion x
Ayes K x x x
Absent x X
Motion
Roll Call:
Ayes 1- x
Absent
Motion x
Ayes x x X
Absent x
Motion
Roll Call:
Aye s xx
Absent X.
Motion
Ayes
Absent
CITY OF NEWPORT BEACH
Volume 20 - Page 162
Index December 27. lc)66
COUNCILMEN
dom
2. A request from the City Manager to accept and display
Shrine
a Freedom Shrine to be donated by the Exchange Club
of Newport Harbor was considered.
CA- 178
The City Manger was authorized to accept subject
Motion
X
display and use to the best advantage for the City.
Ayes
xx
x
Absent
JA
Exp acct;3.
The following expense accounts were approved:
Motion
Ayes
X
x
x
Absent
:N
CA -9L
(a) Councilman Cook's expense account for attend-
ance at the California League of Cities Conference
in San Diego from October 16 to October 19, 1966.
(b) Mayor Gruber's expense account for attendance
CA -87
at the National League of Cities Annual Congress
in Las Vegas, Nevada from December 4 to
December 7, 1966.
Imp Bay-
4. A memorandum was presented from the Public Works
side Dr.
Director dated December 27, 1966 regarding the
PCH to
receipt of five bids by the Acting City Clerk on
Aloha Dr
C-1064
December 19, 1966 in connection with the improvement
of Bayside Drive from Pacific Coast Highway to
R-6490
Aloha Drive (C-1064).
E.L.
White Co
Resolution No. 6490, awarding contract for subject
Motion
X
work to E. L. White Company at the contract price
Roll Call:
CA -29
of $41, 089. 09, was adopted.
Ayes
x
X
x
Absent
x
Imp of
5. A memorandum was presented from the Public Works
Jamboree-
Director dated December Z7, 1966 regarding contract
Ford to
Palisades
for engineering services for the improvement of
Jamboree Road from Ford Road to Palisades Road.
A91
Resolution No. 6491, aut . horizing the execution of a
Boyle
contract for engineering services with Boyle Engineer-
Motion
Eng
ing in connection with the improvement of Jamboree
Roll Call:
Road from Ford Road to Palisades Road, was
Aye s
x
xx
CA -29
adopted.
Absent
X
CA -127
ATTEST- Mayor Pro Tempore
1__�
.4;4a A.4
Acting City
Page 162
x Ix
Index
Water
10
Tustin/
Uni to
Palised
R-6492
Jame S K
Hont-
gomery
CA -12
CA -127
Corp Ya:
prkg
bldg
C-1067
December 27. 1966
CA -22
CA -38
Fitkg
"*-PcH- I
Bayside
R-6493
CA -22
SidewalN 9
r ionst;t.
38th
park
CA -30
R*94
Coates,
HerfurU
Englanc
C-1088
CA -46
011
CITY OF NEWPORT BEACH
Volume 20 - Page 163
COUNCILMEN
A memorandurn was presented from the Public Works
Director dated December 27, 1966 regarding the Upper
Bay water transmission main in Tustin Avenue from
northerly of University Drive to Palisades Road.
Resolution No. 6492, authorizing the execution of a
Motion
x
contract for engineering services with James M.
Roll Call:
Montgomery, Consulting Engineers, Inc., was
Ayes
xx
X
xx
adopted.
Absent
x
x
A memorandum was presented from the Public Works
Director dated December 27, 1966 regarding the
Corporation Yard parking building (C-1068).
Subject plans and specifications were approved and the
Motion
x
City Clerk was authorized to advertise for bids to be
Ayes
x
xx
xx
opened at 10-00 A. M. on January 12, 1967.
Absent
xx
A memorandum was presented from the Public Works
Department dated December 27, 1966 regarding Coast
Highway parking regulations and recommending no
parking at any time along the southerly side of Pacific
Coast Highway between Dover Drive and Bayside Drive.
Resolution No. 6493, establishing a no -parking area
Motion
X
on a portion of Pacific Coast Highway, was adopted.
Roll Call:
Ayes
x
x
x
x
x
Absent
x
X
A memorandum was presented from the Public Works
Department dated December 27, 1966 regarding
sidewalk const�uction at 38th Street Park.
The sum of $80 was authorized to be appropriated to
Motion
X
Account No. 10-7797-043 from the Park and Recreation
Ayes
X
xx
xx
Fund.
Absent
X
X
Resolution No. 6494, authorizing the execution of a
contract with Coates, Herfurth and England,
Consulting Actuaries, to perform services required
by Section 20127 of the State Employees' Retirement
Motion
x
Law for the purpose of determining the rate of the
Roll Call:
City's contributions under its contract with the State
Ayes
x
XX
xx
Employees' Retirement System, was adopted.
Absent
x
x
ATTEST: Mayor Pro Tempo-r'e
,�e
, �,C.
Acting City C14S ly
a
Page 163
Index
Sale of
South
Coast;
Prop to
Anthony
Fools,
Xnc.
CA�38
Gardener
0
Reclass.
CA -45
Herb
Perm
vallely
A-1484
CA -130
0
Refund
to Calif
Bench Co
lic fees
CA -63
CITY OF NEWPORT BEACH
Volume ZO - Page 164
December 27, 1966
11. A memorandum was presented from the City Attorney
dated December 21, 1966 regarding sale of South
Coast property to Anthony Pools, Inc.
A resolution finding certain City -owned water front
not. suitable for use as a public beach or park and a
resolution authorizing the execution of a Grant Deed to
Anthony Pools, Inc. were presented.
Mayor -Pro Tern Marshall stated that it would require
six affirmative votes of the City Council to adopt the
first -mentioned resolution.
The matter was diaried for January 9, 1967.
12. A memorandum was presented from the City Manager
date4 December 23, 1966 relative to reclassification
of one Groundsman Gardener to one Senior Groundsman
Gardener.
The Table of Authorization was amended to add one
Senior Groundsman Garden&r'.and to -delete one
Groundsman Gardener, effective December 31, 1966.
APPLICATIONS FOR'HARBOR PERMIT:
1. A memorandum was presented from the Public Works
Director dated December 27, 1966 regarding Harbor
Permit Application No. A - 1484 of Roland F. Vallely
to maintain an existing pier and floats bayward of
Lots 5 and 6, Block 9, Section One, Balboa Island
(508 and 510 South Bay Front).
Harbor ' Permit Application No. 1484 was approved,
and the harbor permit application fees were waived
as recommended by the Public Works Director.
COMMUNICATIONS - REFERRAL:
1. A letter dated December 19, 1966 from the California
Bench Company requesting a refund of the unused
portion of its City license for outdoor advertising
benches on private property was presented.
The staff was authorized to refund unused portion of
license fee from November 20, 1966 to June 30, 1967
to the California Bench Company.
ATTEST: MOW)
N'e� Q, ��. , Mayor Pro Tempore
'57'x 1XIia'X ,
Actfng City Clery
Page 164
Motion
Ayes
Absent
Motion
Ayes
Absent
Motion
Ayes
Absent
Motion
Ayes
Absent
COUNCILMEN
W.'4F.4
KIX
S�
C-1
Ix
"a
C4
0
H,
Q
L(
S,
C
Q
Q
CITY OF NEWPORT BEACH COUNCILMEN
Volume 20 - Page 165
Index December 27. -1966
X
X1
Z. A letter addressed to Mayor Gruber, from the State
of California Arts Commission, requesting permission
)bile
to use a touring Art Mobile in the City during the
fiscal year 1967-68 was considered.
The request of the California Arts Commission was
approved and the matter was referred to the staff to
Motion
�-35
work out details of locations consistent with the
Aye s
X
X
X
-
public interests in the City of Newport Beach.
Absent
X
X
?gis
3. A letter dated December 7, 1966 from Frank Lanterma
i.,
:dy re
Member of Assembly, Forty -Seventh District,
?quisi-
California Legislature, with request for City to fill
�on st
tra f fil
out attached questionnaire in connection with the
.
LgnS
Assembly Ways and Means Subcommittee on Procure-
ments and Contracts' study of local agency practices
Motion
�_66
in the acquisition of street and traffic signs, was
Aye s
X
X
X
0
referred to the City Manager for reply.
Absent
X
Lms dmg
4. The City Clerk's referral of the following claims for
damages (a, 6, d, and e) to the insurance carrier was
Motion
X
confirmed, and the City Attorney was authorized to
Aye s
X
X
X
defend the City in the matter of claim (b):
Absent
X
X
(a)- Summons and Complaint of Anita Ward, Case
�-169
No. 7781 in Municipal Court of Newport Beach
Judicial District, for damage to the Ward
automobile on May 8, 1966 on Highway 101 and
Jamboree Road. allegedly caused when the Ward
car was struck by a City police car.
(c) _ Claim of Daniel S. Hayes alleging financial
�-84
damage suffered as a result of news release by the
Newport Beach Police Department following his
arrest on or about September Z7, 1966.
(d) Claim of James M. Zeiger alleging damage to
his parked car caused by storm drain backing up
on November 7, 1966.
(d) Claim of Arlene Folsom on behalf of William A.
Folsom, minor, alleging damag6s caused to"a
surfboard by a 'Sand moving truck on November 1,
1966.
R�w 10 4�ww
ATTEST: Maj_cir Pro Tempore
Ac6ing City er
Pase 165
X
X1
CITY OF NEWPORT BEACH COUNCILMEN
Volume 20 - Page 166
Index December 27, 1966
(b) Summons and Complaint of Patrick M. Ryan,
dba Orange County Research Bureau, plaintiff,
CA -169
vs. Richard Baugh, Chief of Police of the City of
Brea, the City of Brea; B. James Glavas, Chief
of Police of the City of Newport Beach; the City of
Newport Beach, et al, Case No. 150819 in the
Superior Court of the State of California, County
of Orange; alleging great and irreparable injury
to plaintiff in that defendants have threatened to
continue forcing plaintiff to pay for copies of
motor vehicle accident reports instead of
permitting plaintiff to inspect and make copies of
the report as is his right under the laws of the
State of California.
probjemS
5. A letter from R. J. Garnaus, President of the Bay
re Or Co
Area Citizens' Council, dated December 21, 1966
requesting Council consideration of problems
connected with the increasing use of the Orange County
Airport, was presented.
Councilman Forgit made a motion to refer subject
Motion
X
letter to the staff -
Jack Garnaus, Oscar Bean and Milan Dostal spoke
from the audience and requested the Council to
establish effective noise abatement procedures and
flight pattern procedures in the air above the City.
Councilman Forgit amended his motion, and the City
Manager was directed to report facts to the Council
Aye s
x
xx
X
pertaining to the three points raised in subject letter;
Absent
x
X
the- staff was authorized to represent the City at any
CA -64
hearings of the Public Utilities Commission regarding
proposed use of the Orange County Airport for flights tc
San Francisco and/or Sacraxnento and to offer
Newport Beach facilities for such hearings; and it
was directed that the Mayor write a letter to the Orang(
County Board of Supervisors expressing interest and
concern regarding possible expansion of the use of the
Orange County Airport and requesting to be advised
of any future developments.
ATTEST- Mayor Pro Tempore
'Acting City r-ldry
Page 166
CITY OF NEWPORT BEACH COUNCILMEN
Volume 20 - Page 167
Index December 27, 1966 \%I
ADDITIONAL BUSINESS:
V?ropty
1. The City Council endorsed in principle the proposal
204
for the City to lease from the State certain property
Riversidc
at 204 Riverside Avenue and subsequently make subject
Ave.
property available to the Harbor Power Squadron under
CA -79
conditions to be stated, and the staff was directed to
Motion
x
prepare the necessary agreements and to bring them
Aye a
x
x
X
X K
to the Council for final action.
Absent
X X
Flag
2. The staff was authorized to purchase twelve 51 x 7-1/Z1
purchase
nylon flags and one hundred 3' x 5' flags from the
Motion
x
CA -143
Pacific Athletic Company at a cost of approximately
Ayes
x
x
x
XN
$1500.
Absent
X X
Year end
3. The following Minute Resolution was adopted:
Motion
It
Res.
Ayes
x
X
x
X N
Absent
x x
As the year 1966 draws to a close it is fitting
to reflect on the developments of the past year
and to give credit for progress made.
The City Council is pleased to recognize that
during 1966 substantial accomplishments have
occurred in all City operations and programs.
There have been major gains in the fields of
public works, planning, public safety, sanitation,
Veautific4tion, admini6trative efficiency and
other activities. In addition, groundwork has
been laid for rno�Ang forward systematically to
solve old problems and meet new opportunities.
Recognizing that these gains are the product of
cooperative action, the Council wishes to express
special appreciation to the City Manager, the
City Attorney, the City Clerk's Office, all
Department Heads, members of Boards and
Commissions and all employees for their
initiative, their diligence, their patience, and
their invaluable assistance to citizens, community
groups, and the Council. Most of all, we
appreciate their demonstrated. personal
interest in advancing good government for
Newport Beach.
1966 was a year of solid progress. The Council
is confident that 1967 will be another such year
and extends its thanks and best wishes to all
members of the City family.
ATTEST: 6-Mv
Mayor Prd Trempore
'Aciting City- Cl --J1,
Page 167
91
A
C1
14
B%
At
CA
CITY OF NEWPORT BEACH COUNCILMEN
Volume ZO - Page 168
Index December 27, 1966
n gu.L L,
F
or
4. The staff was directed to make any emergency repairs
0
Liffs &
needed to preserve the bottom control structure in '
=00
the gully between Shore Cliffs and Cameo Shores, and
lores
to see if a cooperative plan can be developed for
Motion
x
controlling the storm watersin. the vicinity of and
Ayes
xx
x
X
�-154
downstream from the City -owned Sewer Pump Station.
Absent
x
x
BUDGET AMENDMENTS:
afte t
I The following budget amendments were approved:
Motion
x
zendtate
Ayes
x
x
x
x
Absent
x
x
C-30, $80, being a decrease in.Unappropriated Surplus
�-102
and an increase in Budget Appropriations from Park &
Recreation to Park & Recreation, Land Improvements,
38th Street Park Sidewalk, for additional funds for
construction of concrete sidewalk in 38th Street Park.
C-31, $8, 900, being a decrease in Unappropriated
Surplus and an increase in Budget Appropriations,
State Gas Tax, and $21, 000, being an increase in
Estimated Revenue, Capital Improvement Fund,
Donations and Contributions; $29, 900 for the widening
of Bayside -Pacific Coast Highway to Aloha and
contribution by The Irvine Company toward the project.
C-32, $1500, transfer to Budget Appropriations from
Unappropriated Contingency Reserve to Non -Depart-
mental, Special Departmental Supplies for purchase
of 112 City flags.
COMMUNICATIONS - ADVISORY:
'The following communications were ordered filed-
Motion
Aye s
x
x
x
X
Absent
x
x
1. A statement of all votes cast in the General Election
P 7 6
held November 8, 1966 in the County of Orange, State
of California, from the County Clerk.
2. A letter dated December 12, 1966 from Attorney
�_169
Donald D. Harwood congratulating the Council upon
its decision to leave the matter of prosecution of
misdemeanor cases in the hands of the District Attorne
-
and his staff.
ATTEST: Mayor Pro'Tempore
A;cting Cit� CVk
Page 168
Ll
Index December Z7, 1966
CITY OF NEWPORT BEACH COUNCILMEN
Volue 20 - Page 169
1049
3. A letter dated December 14 1966 from Robert G.
Flyte and sixteen signatures of Southern Oregon CollegE
students proposing a repeal of the City's surfboard
law.
4. A letter dated December 14, 1966 from the Fontana
A-91
Chamber of Commerce inviting the Council to be its
guest at the Annual Steeler Bowl in Fontana, Midget
Pop Warner Football Team, on December 28, 1966.
A-69
5. A notice of California Highway Commission meeting
to be held January 18, 1967 in Sacramento.
A-69
6. A notice of the California Street and Highway
Conference at the University of Southern California
to be held February 2-4, 1967.
A-53
7. Agenda from Board of Supervisors' meetings held
IR
December 12 and 20, 1966.
8. The December 1966 issue of the Orange County Press
A-179
Club Reporter and an announcement of the club's
traditional Christmas meeting on December 22, 1966.
9. A resolution of the Board of Supervisors approving the
A-173
Plans and Specifications submitted December 13, 1966
for the construction of the Newport Arches Marina
Building "A" on the County Dock property.
10. College of Medicine at the University of California -
Irvine:
h-33
(a) A resolution of the City of Fountain Valley
supporting the establishment of a College of
Medicine at the University of California -Irvine.
(b) A resolution of the City of Brea supporting the
establishment of a College of Medicine at the
University of California -Irvine.
A-70
11. A letter from Alton E. Allen, Chairman, Board of
Supervisors, responding to Mayor Gruber's letter
regarding the recent report on the Orange County
Harbor District.
0. The meeting was adjourned at 9:25 p.m.
Motion
x
Aye s
x xx-
N
Absent
x
x
ATTEST: Mayor Pro Tempore
—Acting City�'Cle
Pose 169
Melum, T
From: Armand, Wes
Sent: Thursday, February 15, 2001 2:26 PM
To: Melum, Tony
Subject: CP256-508 Roland Vallely
The square footage of Granted Tidelands is 5917. The previous tidelands appraisal reduced the footage charged the
permittee by 20'X61'since a portion of the permit area was not developed and thus provided use of the adjoining beach by
the public. This brought the footage the permit was billed for to 5317. At a recent meeting the permittee was advised that
since this was a commercial permit and allowed the permittee the option to develop the above referenced parcel, they
should be billed for this portion.
The permittee requested to enter into an agreement with the City where the annual bill would be granted this reduction in
billable square footage as long as the permittee didn't do any revision to the present configuration of the pier & docks.
Once there was a permit issued for any revision of this facility the permittee would then be billed for the total square
footage of 5917.
MARINE SAFETY DEPARTMENT
70 Newport Pier
May 17, 1972
Mr . - Roger 1-14 Cook
215 onyx
Balboa Islande California
Dear Mro Cook:
We have received and filed your letter of complaint
dated April 28t 1972.
The Assistant City Attorney, Mr, David Baade# Ron
Gun, Community Development Department, and myself
have reviewed the specific items you outlined.
I have written to Mr. Vallely,,a copy of the corres-
pondeoce is attached for your informatioli*
Please contact Captain D. Harshbargert Marine Safety
Department if we can be of further assistance.
Sincerely,
D& Harshbarger, Captain
Marine Safety Department
DH:lf
cc: Assistant City Attorney
-ce Forward et. al. 8/23/04 3:55 PAGE 2/3 RightFax
HARRY S. CARmAcK
ATTORNEY AT LAW
474 E. 17th Street, Suite 201
Costa Mass, Califorrile M27
Tel: 949-642-5548
Fax 949-642-1588
,E -Mall: hoarma&Cpacbell.net
August 20,2004
AUG 2 3 2004
Christopher K. Barnette, Esq.
Luce Forward
600 West Broadway, Suits r600
San Diego, CA 92101
Re: Pier at WS South Bav Front, Balboa Islano,
Dear Mr. Bamette:
I represent Vivian Vallely and the Vallely Family Trust, owner of the property at
508 South Bay Front, Balboa Island, CA.
The float that extends ftm the end of the pier and in front of your client's
property was construdled by Roland Vallely, Vivian Valleiy's husband, in 1938-1939, w1th
the approval of the Arrny Corps of Engineers and the City of Newport Beach. In 1966, a
prior owner of your client's property tMed to convince the City to revoke approval of the
float, and not only was the pnor owner unsucoessful, but the City on its own application
Issued a Harbor Permit to Mr. And Mrs. Vallely to mmaintain an existing pier a ' nd float
bayward of 508 and 510 South Bay Front, Balboa Island." A copy Is enclosed. At UW
Ume, Section 1 -13 of the Harbor Permit Policies stated as follows:
"Shore -connected piers and floats bayward of commercial -zoned areas may be
used by per�ons other then theqqgWants of the abutting upland propertles.n
While you may be correct in stating in your letter of August 11, 2004, that the
float violates present Harbor Permit Policies, my cilents'right to maintain the plar and
float, vested in 1938-1939, is not affected by subsequent changes to the Policies. I trust
your research vvill ve* my representations and put this matter to rest.
Should you have any questions, please feel free to contact me,
Very truly yours,
HARRYS.CARMACK
HSG/Itr.valWy
ice Forward et. al, 8/23/04 3:55 PAGE 3/3 RightFax
CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT
HARBOR PERMIT
1114LAW F-0 as VIVIAN ftmv
NAME Or APPLICANT
ps amm !At nm
MAILING ADDRESS
ULM ISA
M.-S&SEPRIA
Ae'r f.
IN ComPLIANCE:WITH YOUR APPLICATION OF 1) —u al , 196__A
AND SUBJECT TO ALL. TERMS, CONDITIONS AND RtSTRICTIONS WRITTCN BELOW OR PRINTED
AS GENERAL, OR SPECIAL PROVISIONS ON ANY PART Or THIS FORMIP
PERMISSION IS HEREBY GRANTED TO maig"AIN AM CXtST&p* pjtIj &W rf'0AT BATWMC or
.9*- *ft 5woom-fty, fump smam hLAW.
T"'A ftOWIT 46 188MCO l* ACC980"C9 WITAI CITY CGINGIL
l48?*UttbQI" 0911t COW -9111. 14IMnS *Aftg*
ALL WORK TO BE IN ACCORDANCE wirH THE STANDARD SPECIFICATIONS OF THE
CITY OF NEwPOR.t BEACH AND DRAWINGS ATTACHED OR REFERENCED THERETO:
THIS PERMIT $11ALL BE VOID UNLESS THE WORK HEREIN CONTEMPLATED SMALL
HAVE BEEN COMPLETED BEFORE 19 is.
APPROVED OY
CITY Emmr.Lm
AvyHORIZED BY TKE CITY COUNCIL OF THE CITY or NEWPORt BEACH AT A
MEETING HELD ON THE 2?M DAY OF - D196811101101 - 1 19 a .
No. A. A&
DATE:
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I-OU'4 F.UUgiuvo ),-Ubb
LUCE FORWAM
AT-roRNEYS AT 4AW - F9UNDEDIV3
Luc�, FoRwAAD, Hihm]0" & SCRIFPS LLP
C14FISTWHER K. BAWNETTC, PARTNEIt
I)IUCT c)IAL NtimaEr 619,699.2550
DITUCr FAX NUMML 619,645,5394
EMML ADDRESS cbam=aQjUCC,CQrn
VIAFACSIMME
December 6, 2004
Robin Clausor� City AttomeY
City of Newpoit Beach
Ann. Debbie Alcaraz, Administrative Assistant
post office ]Box 1768
Newport Beach, CA 92658
600 WCA Broadway
suite 2600
san Diego, CA 92101
619.236,1414
bjq,Z3?,,63jj tax
%UWW.1dea.f8A1
pw: pier Maintained by Prope� OWner at 508 Souh Bayftnt. NMort Beach, California
Dear Debbie:
Thh; fum represents Susan and Lconard Bidart, Who as trustees are owners of thf� property at 5 10
South BayfTont in Newport Beach, I understalvid Susan Bidart spoke to yoa with regal -d to the
am � ckgr
picr maintained by her neighbOT, Vivian Vallely. I attaching the following ba ound
information for your review:
I - Letter to Vivian Vallely dated August 11, 2004;
2. LeEter to Tom Rossmiller, Harbor Resources Manager, dated November 18, 2004; and
3. A map frorn City files show-lng the approximate configuration of the pier abutting the
PrOPETty-
Ms. Vallely's pier violates a number of provisions of The City of Ne%Vort Beach's Harbor Permit
Policy. I understmid Mxs. Bidart will be followilltv up dirway with you. If you have any
questionS Or GOMMent$, PlOase do not he5,itate ro contact ine�
Very truly yours,
Christopher K. BaTnette
of
LUCE, FORWARD, HAMILTON & SCRIPPS LLF
Attachments as noted
cc, Susm Bidart (via facsinlile, without attachmaents)
2020931.1
32611.1
CAPYCL VAI,�[V/Xk MAO . LOS Aid�LES . SAN DjCq0 . SA?4 FRANCV;C0
DEC -07-2004 14:00 OFFICE OF THE CITY ATTY 9496443139 P.04/07
I V -9-t r.uLijiuun F-000
0 0
LUCE FORWARD
AffamEYS AT LAW I FOUNVEVIS73
LU C E. FURWARD, HAMItnw & $CPJPF5 �LP
ClipalOPHER Y— SAMEM PARTi4FA
-& 619
DIRWrINALNUMBb '699,25$0
I)iuzr ]FAx NtiMBUL 6 19-645-1394
SMAILADORMS Cban1C=&1C"Q'n
Auoust 11, 2004
Vivian Vallely
509 South Bayfront
Balboa ysland, CA 92662
P'e: pier t 508 smtL, Baytont
, Balboa islandCalifomia
Dear Ms - Vallr-IY:
600 West $roadway
suite 2600
SAIR DA -90, CA 92101
619.236,1414
619.232,0311 fax
VNM'JUC2.rzA1
This firin represent-% Susan Bli dart, who owns the home adjacent to your property at 510 South
Bayfront on Balboa Island, Ms. Didait has retainBd lue to address concerns with the Pier t1lat
extends f�om your property into the bay. As you are aware, the Pier not only ext=ds beyond the
allowable pier headline, but begins at the edge of Mrs- Bidartys property and extends well in
front of the Bidart FropWy, In doing so, the pier violates numerous Ciry Council pQlicies
regarding use and colifiguraiion of piers wending from properties on Balboa Island.
Obviously, the pier in its c�Lment config=tion encroaches well Into the sightfines of Mrs-
Bidan'5 propertY and is cau,5ing significant damage to the property, We would like to explore
w,th you alternative arr=ecments to miligate Ehe significant ha= being caused by the pier, yet
whilc allowing you to maintain a pier from your property. We are willing to rneet wiTh you fil
person al a mutually convenient Tirne within the neXt several weeks Eo discuss these al'tcMatives-
If we are unable to Mect by September 3, 2004, however, we will begin PuTsuing alternative
recourse to address This problem. please contact me at your earliest conver�ence to discus I s
arrangements. I look forward to bearing from You-
Ve,y truly yours,
Chfistopher K. Barnette
of 'nAMILTON & SCRIPPS LLP
LUCE, FORWARD,
CKB:hmk
cc: Susan Bidm%
1939115.1
32611.1
CakMEL VALLEYJDCL MAY, . Lm A&C&Ut- I N&V) YORIC I S.. DIM, - SAM 5RANC11"a . WEET LOT, A&GCLrs
DEC -07-2004 14:01 OFFICE OF THE CITY ATTY
Lurr FORWAO
%AL
AraRNETs AT uW - FOUNDED 1673
LUCC, FORWAP, HAMIU811 & SCRIPPS LLP
CHRMOPHERK JaARNffM. PAM4FIL
tftRzctD1A,LNum81M 6)9.6991550
D]R,tCTpAxNumau 610.645.S394
&MAXADDAESS Cb2rnt0C101UCCX*M
November 18, 2004
Tom Rossmiller., Harbor Resources Manager
City of Newport Beach
Division of Harbor Resources
829 Harbor Wand Drive
Newport Beach, CA 92660
9496443139 P.05/0?
I-V;J4 r-vu4/uua l -dull
�00 Wgst Broadway
Sol te Z600
San Diego, CA 42101
619,256.1414
619.232-8311 f3v
WWW.lVC4'r0M
'V v an Va�llel
pier t Sog South Bayfro Lt_ 13alboa island, Califonlia,
Dear Mr. Rossmiller.
This fum represents Susan BidaA, Who 0'96'115 the 1301ne at 510 South Bayfront on Balboa Island.
The owner of the property adi cot to Mrs. Bidart's hoine, Vivian VallclY, maintains a pier that
ac That pier not onlyi-extends b*Yond
extends into the bay from her property at 508 South BaYftnt-
the anowabie pier heaOne but begins at the edge Of MIS. Bidart's proPerrY Ond. tluOugh several
extensions, extends well in front of the Bidart propelty. In doing SO, the Pier violates nuznerous
City Council policies regarding use and configuration of piers extending from proPerties On
Balboa Island.
Ms. Vallely's pier in its current configurarion encroaches well into the sight lines Of Nfts-
Bidarl's property and is causing significant damage. We are considering variOus alternatives to
address this IssUe. Regardless of 1h0se considerations, howevezr� Harbor Permit Policies are quite
clear that Ms- VaflclY's Permit is not tMnsferable:
ENCROACHING PIERS AN)) FrLOATS- in areas where existing
piers and floats encroach in front Of abutting upland PI-OPaty
owned by others. a now permit approved by the Iiarbor
Conu-nissiou, shall be required upon:
C. Any change of =isting ownership of the. abutting tipland
Property owted by the perDaittee orupon the death of the
permittee.
Ms. Vallely is elderly, and we expect there May be attemPts to t=sfer her pennil to others. we
would like to rAeke t1 -1e record clear ftt we would object to any such transf"-T and wish to have
notice of any attemPt tO trawfer the Pmm't' Although We Would expect to rece'vc notice Of such
an attempted action in the course of OrdiwyY events, we ask tbat notation be made in Ms-
Vallely's perinit file of o1jr outstanding and continuing objection.
CARIAEL VALLEWDLL MAR - LoS AWAES . SAN nlpfio . SAN f9o"CISCE)
DEC -07-2004 14:01 OFFICE OF THE CITY ATTY
LUCE FORWAM
ArropffiYSATLAW - FOIJKDE01073
LUM, FORWARD, HAMILYOR & SCRIPPS LLP
Tom Rossmiller, Harbor ReSoUrces ManaSet
Novemba 18, 2004
Page 2
If you have any quesdons or cominents, plewe do not hesitate tO colatact me.
very tmly yours,
Chfislopher IC Barnette
of
LUCE, FORWARD, HANULTON & SCRPFS LLP
CKB:bm*
cc: Susan Bidart
2016777-1
32611.1
9496443139 P.06/07
1-0;14# r-mvuvo r—aocr
DEC -07-2004 14:01 OFFICE OF THE CITY ATTY 9496443139 P.O?/O?
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DRAWIA DATE
CITY OF,' NEWOORT BEACH APPROVC
DF-PARTMF-NT,
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TOTAL P.07
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CITY OF NEWPORT BEACH
FINAL LETTER - COMPLETE
HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660
Tom Rossmiller - 949-644-3041 Chris Miller - 949-644-3043
FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915
Nadine Morris - 949-644-3105
VIVIAN VALLELY
508 S. BAY FRONT
NEWPORT BEACH, CA 92662
Dear Commercial Pier Permittee,
Permit number: HC2004-007
Location : 508 S BAY FRONT
Status: CLOSED
12/15/2004
z -Se> - �;-68
This is an acknowledgement letter stating that you have successfully corrected the violations previously noted in the
City report that was sent to you earlier this year. Your docks have met the minimum standards as set by The City of
Newport Beach Municipal Code.
Your actions will help reduce the potential for fire related injury and property damage in Newport Harbor. Please
remember that it will be your responsibility to ensure that your docks maintain this level of safety in the years to
come. The Harbor Resources and Fire Departments will be conducting routine inspections of your property in the
future.
Thank you for your compliance. Please feel free to give us a call if you should have any additional questions.
good condition
DATE COMMENTS
12/15/2004 Plans have been submitted to bring the narrow finger to code. Harbor Commission approval will be
necessary at the next meeting on January 12, 6:00 pm at the Council Chambers. Please call Chris
Miller if you have any questions.
CHRIS MILLER - HARBOR RESOURCES SUPERVISOR
NADINE MORRIS - FIRE DEPARTMENT INSPECTOR
Page I of I
949.644.3141 Phone
wpo 949.723-3545 Fax
C,
441FOVL City of Newport Beach
PO Box 1768, Newport Beach, CA 92658-8915
REQUEST FOR HARBOR RESOURCES ADMINISTRATIVE HEARING
Please print or type. in BLACK in only A complete mailing address is required.
�i-e a
Name: VQhn Vallely Permit Number:
Address: Cow'%'@ AIDVe R1 Telephone # 6 Y fo- Ira
City/State/Zip' Mew w1k bAl CA 12-4 4 11, Email ft,66am
(71 (0 0. 680
Pursuant to Newport Beach Municipal Code Section b-465� I request an Administrative Hearing on the
Harbor Resources management decision related to the Permit Number listed above. I have enclosed the
required appeal fee in the amount of $100. Please provide a brief statement describing the reason for the
appeal. BLACK ink only.
Dkn*%CJ llll� 14061' 04(04 --l"MAY Auhc*,A4o%A1s%r -k-.m o,4 ir W
,'Oil L%%#%t kv"-.*�,+ L -v- LN��;;q In.-Ja &� n A
akb[1e#A;v& NjAke.
rr- IV
04 1-7.40.641
I declare under penllqof pedury under the laws of the State of California that the ing any
attachment(s)) is true and correct to my knowledge.
Driver License: State/Number bate kSignature
OR Social Security Number
Form and payment MUST be received by the Revenue Division within 21 days of Harbor Resources
management's decision date.
THIS SECTION WILL BE COMPLETED BY THE MY OF NEWPORT BEACH
The City of Newport Beach has granted your request for a hearing.
Hearing scheduled for (date) and (time).
HEARINGS WILL TAKE PLACE AT CITY HALL, 3300 NEWPORT BLVD, NEWPORT BEACH CA
92663,BUILDING # CONFERENCE ROOM
You MUST call 949-644-3137 to confirm that you will be attending your assigned hearing date and time by 5:00 pm
on . Failure to confirm your scheduled hearing date will result in the cancellation of your hearing.
Hearings that have not been confirmed will not be rescheduled and your opportunity to appeal will be forfeited.
If you will not be available for your hearing date and time, you must contact the Revenue Division at least one business
day prior to the hearing date to request a continuance. You may request the continuance by calling 949-644-3137.
Please be advised that hearinas can only be Postuoned once.
FOR OFFICE USE ONLY
I Date received: — Apply payment to: 5060-8359
Counter: Fax:
Customer notified form was received
US Mail:
May 21, 2013
Chris Miller
Harbor Resources Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Appeal
Dear Mr. Miller:
Pursuant to Newport Beach Municipal Code Section 17.65, 1 request a Harbor
Commission hearing to appeal the Harbor Resource Management decision of May 10,
2013, related to Permit Number CP2560508 1, for the pier and floats at 508 South Bay
Front, Balboa Island, CA.
I appeal the denial of the Harbor Permit Transfer Application for transfer of the
commercial pier permit for the above -referenced property, and the decision that the
applicant must submit a new pier permit application per NBMC Sections 17.35.020(F)
and 17.60.020.
Very truly yours,
JOHN S. VALLELY
cc: Harry S. Carmack
HARRY S. CARMACK
ATTORNEY AT LAW
474 E. 17th Street, Suite 201
Costa Mesa, California 92627
Tel: 949-642-5548
Fax: 949-642-1588
E-mail: hcarmack@pacbell.net
May 21, 2013
Chris Miller
Harbor Resources Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Re: 508 South Bay Front
Dear Mr. Miller:
My client, John Vallely, is today submitting an appeal of your decision of May
10, 2013, related to the commercial pier permit transfer application for Permit Number
CP25605081, for the pier and floats at 508 South Bay Front, Balboa Island, CA.
With your denial letter you attached a "Request for Harbor Resources
Administrative Hearing" application form. This form purports to request an
administrative hearing "pursuant to Newport Beach Municipal Code Section 17.65." In
that only Section 17.60.080 provides for an appeal by administrative hearing, whereas
Section 17.65 provides for an appeal by hearing before the Harbor Commission, it is
presumed your form contains a mistake and should read "pursuant to Newport Beach
Municipal Code Section 17.60.080."
To perfect my client's right to appeal, and because the Code offers two distinct
and separate avenues of appeal, my client is submitting an appeal under both Section
17.60.080 and Section 17.65. 1 ask you to notify this office of which procedure the City
deems is correct. Also, please provide whatever information you offer appellants on the
conduct of the hearings.
Very truly yours,
17V
HARRY S. CARMACK
HSC/vallely.ltr
cc: John Vallely
HARRY S. CARMACK
ATTORNEY AT LAW
474 E. 17th Street, Suite 201
Costa Mesa, California 92627
Tel: 949-642-5548
Fax: 949-642-1588
E-mail: hcarmack@pacbell.net
April 2, 2013
Chris Miller
Harbor Resources Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Pier and Floats at 508 South Bay Front, Balboa Island, Q
Dear Mr. Miller:
1 am in receipt of your letter of March 28, 2013, postmarked March 30, 2013. As
a threshold matter, the Newport Beach Municipal Code does not grant the Harbor
Resources Manager the authority to reject a timely appeal. You have a duty to schedule a
hearing before an independent hearing officer within thirty days of the filing of the
appeal., (_NBMC Secti . on 17.60.080.) You have no adthdrityto pre-screen appeals for
ripeness.- and/or to issue ralings I with respect to 'whether you consider an appeal ripe.
On March 21, 2013, you wrote this office stating "As you know, because the piers
and floats encroach in front of an abutting upland property, this permit is not eligible for
transfer. Instead, a new permit must be obtained as provided in NBMC Section
1735.020(F).... When you find a new buyer for the property, please let me know if you
need another copy of the pier permit application."
The March 2 1 st lette'r cleady and 11131-equivoc a Illy states your decl siorIJ111-mat, the
Vallelypermit is not eligible, for transfer. The March 21" letter clearly and unequivocally
states your decision that a new pier permit must be obtained. You canceled a hearing
before the Harbor Commission on March 13, 2013, on the grounds you had determined
the pen -nit was not eligible for transfer. For you to now state that "I, as Harbor Resources
Manager, have not made a decision as referenced in your appeal statement" is absurd.
You have made determinations that apply to NBMC Sections 17.50.070 and
17.35.020(F). Vallely, as you know from extensive prior correspondence, disagrees with
your determinations, and asserts its vested right to maintain the pier and floats as
configured and. itsright to transfer'a legal, non -conforming use.
Page I of 2
Chris Miller
Harbor Resources Manager
April 2, 2013
Page 2 of 2
Attached to this letter are copies of the appeal application and the check submitted
for the appeal fee. These were returned with your March 28th letter. Demand is made that
you schedule the administrative hearing as required by Section 17.60.080. My client will
resubmit the appeal and fee immediately upon your compliance with the Code. If a
hearing date is not set by April 5, 2013, my client will take this matter directly to Court.
Very truly yours,
HARRY S. CARMACK
HSC/vallely.ltr.
cc: John Vallely
Joan Carr
City of Newport Beach - ShowDocument.aspx
http://www,newportbeachca.gov/Modules/ShowDocument.aspx?doe
949.644.3141 Phone
949.723-3545 Fax
City of Newport Beach
PO Box 1768, Newport Beach, CA 92658-8915
REQUEST FOR HARBOR RESOURCES ADMINISTRATIVE HEARING
Please print or type in B CK ink only. A complete mailing address is reciLfired.
Name: !dlebi -TvO
Adclress:c/a 140viry ck'&4
/ --- I
Cfty/State/Zip: 17 115. 1.7 #' ft
Cos)& meo CA, cuo�l
Permit Number:. 15100T081
--.c P.. 0
Telephone # V.4 (of -SM,
Email
Pursuant to Newport Beach Municipal Code Section 17,65, 1. reqLleist at-, Administrative Hearing on the
Harbor Resources management decision related to the Permit Number listed above. I have enclosed the
required appeal fee in the amount of $100. Please provide a brief statement describing the reason for the
appeal. BLACK ink only.
bOMC Rthow 17.4o.08o Agul W 1p&�,4 ol 1446v Rksoyfee
pedury under the laws of the State of Calilo ' hat th foregoing cUng any
Linder
are-
attachment(s)) is true and correct to my knowledge
b6 L ---y ) �51
Driver License: State/Number I Date Signature
OR Social Security Number 7ZD
Form and payment MUST be received by the Revenue Division within 21 days of Harbor Resources
manauement's decision date.
The City of Newport Beach has granted your request for a hearing.
Hearing scheduled for (date) and (time).
HEARINGS WILL TAKE PLACE AT CITY HALL, 3300 NEWPORT BLVD, NEWPORT BEACH CA
92663, BUILDING # CONFERENCE ROOM
You MUST call 949-644-3137 to confirm that you will be attending your assigned hearing date and time by 5:00 pm
on Failure to confirm your scheduled hearing date will result in the cancellation of your hearing.
Hearings that have not been confirmed will not be rescheduled and your opportunity to appeal will be forfeited.
If you will not be available for your hearing date and time, you must contact the Revenue Division at least one business
day prior to the hearing date to request a continuance. You may request the continuance by calling 949-644-3137.
Please be adWsed that heanngs can!Lftly be Epstponed once.
FOR OFFICE USE ONLY
Date received: Apply payment to: 5060-8359
Counter: Fax:
Customer notified form was received
1 -V1
US Mail:
tal Servi ce,.
IFFIED MAILT. RECEIPT
171- (Domestic Mail Only; No Insurance Coverage Provided)
ru I A L U S.' E
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Certified Fee
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C3 Return Receipt Fee Here
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PS Form 380.0, August 2006 See Reverse for Instructions
Certified Mail Provides:
n A mailing receipt
0 A unique identifier for your mailplece
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Important Reminders.,
• Certified Mail may ONLY be combined with First-Cfass Malle or Priority Malle.,
• Certified Mail is notavailable for any class of international mail.
• NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
• For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Return
Receipt (PS Form 38111 to the article and add applicable postage to cover the
fee. Endorse mallplece Return Receipt Requested". To receive a fee walverfor
a duplicate return receipt, a USPS9 postmark on your Certified Mail receipt is
required.
• For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mallplece V., Ith the
endorsement "Restricted Defivery�
• If a postmark on the Certified Mail receipt Is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt Is not needed, detach and affix label with postage and mail.
IMPORTANP Save this receipt and present it when making an inquiry.
PS Form 3806, August 2006 (Reverse) PSN 753Q-02-000-9047
• Complete items 1, 2, and 3. Also complete
A. S19M
0 Agent
item 4 if Restricted Delivery Is desired.
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• Print your name and address on the reverse
0 Address ee
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1. Article Addressed to:
If YES, enter delivery addresdbelow:
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4. Restricted Delivery? (Extra Fee)
0 Yes
2. Article Number:
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Mransf6r from seivice latiel):
PS Form 3811, February 2004 Domestic
Return Receipt
102595-02-M-1 540
UNITI�r,) STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
Sender: Please print your name, address, and ZIP+4 in this box
cj�, c)A- New?cf�i-
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J- k. .............
j 1.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
Harbor Resources
March 5, 2013
Sent via regular First Class Mail and Registered Mail
Law Offices of Christopher Barnette
501 West Broadway, STE 800
San Diego, CA 92101
RE: Notice of Harbor Commission Meeting — 508 S. Bay Front
Dear Mr. Barnette,
Pursuant to Newport Beach Municipal Code 17.35.020.F, this is a written notice
informing you that the pier at 508 S. Bay Front will be discussed at the next Harbor
Commission on:
Wednesday, March 13, 2013
6:00 PM
"Old" City Council Chambers
3300 Newport Blvd.
Newport Beach, CA 92663
As you know, the current pier at 508 S. Bay Front encroaches in front of the abutting
upland property owned by your client at 510 S. Bay Front. Per the Code, a new permit
shall be approved by the Harbor Commission upon a number of conditions, one of which
is "any change of existing ownership of the abutting upland property owned by the
permittee..." The permittee at 508 S. Bay Front is currently in the process of selling the
property.
You are welcome to attend the Harbor Commission meeting to provide comments. The
Harbor Commission agenda and staff report will be posted by Friday, March 8, 2013
here: hftp://www.newportbeachca.gov/index.aspx?page=462
Please feel free to contact me if you have any questions.
Thank you,
ly
Chris Miller
Harbor Resources Manager
(949) 644-3043
829 Harbor Island Drive, Newport Beach, CA 92660
PH: (949) 644-3034 FX: (949) 723-0589 * www.newportbeachca.gov/harborresources
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WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION
CITY OF NEWPORT BEACH HARBOR RESOURCES DIV.
CITY OF " PORT BEACH
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NEW ADD Ej ALTER E]
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3. OWNER'S NAME LAS IRST
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June 27, 2012
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
Harbor Resources
DELivERED VIA
ELECTRONIC MAIL: hcarmack@pacbell.net
Harry S. Carmack, Esq.
Attorney at Law
474 East- 17 th Street, Suite 201
Costa Mesa, California 92627
RE: Pier and Floats at 508 South Bay Front, Newport Beach, CA
Dear Mr. Carmack:
The City of Newport Beach received your letter, dated June 7, 2012, regarding
the pier and floats (collectively, "Pier") located on tidelands adjacent to 508 South
Bay Front, Newport Beach, CA ("Property"). In your letter, you assert that the
Pier may be a legal non -conforming use and exempt from the permitting
requirements in Newport Beach Municipal Code ("NBMC") Title 17. We reviewed
the historical information and case law you cited in your letter and have
determined that the Pier is not a legal nonconforming use and will require a new
permit when the Property is transferred to a new owner.1
Under California law, a nonconforming use is a "lawful use in existence on the
effective date of the zoning restriction and continuing since that time in
nonconformance to the ordinance." (The City of Los Angeles v. Gage (1954) 127
Cal.App.2d 442, 453.) The essential aspect of a legal non -conforming use is a
vested interest in property that runs with the land.
Here, the Pier is not a vested interest that runs with the land, in fact, it is located
on tidelands and not the Property. The Pier is, and has been, maintained under
an annual permit pursuant to NBMC Title 17, and its prior ordinances. This
permit is renewable, revocable, and due to its layout is nontransferable (NBMC
§§ 17.70.020, 17.05.130, 17.35.020(F)), therefore, the Pier does not run with the
Property. Additionally, the City's zoning ordinances are codified in NBMC Title
I Please note, the City is in the process of transitioning commercial piers from permits to leases,
and we expect to transition the permit for this Pier into a lease in the near future.
829 Harbor Island Drive, Newport Beach, CA 92660
PH: (949) 644-3034 FX: (949) 723-0589 e www.newportbeachca.gov/harborresources
20, not Title 17. Accordingly, when ownership of the Property is transferred, the
new owner must obtain a new permit for the Pier under NBMC Title 17.
We would be happy to review any additional material that you would like us to
consider on this matter. Thank you for contacting the City of Newport Beach.
Sincerely,
Chris Miller
Harbor Resources Manager
cc: Michael Torres, Acting -Assistant City Attorney
Mr. John Vallely, (via E-mail: johnvallely@me.com)
HARRY S. CARMACK
ATTORNEY AT LAW
474 E. 17th Street, Suite 201
Costa Mesa, California 92627
Tel: 949-642-5548
Fax: 949-642-1588
E-mail: hcarmack@pacbell.net
June 7, 2012
Chris Miller
Harbor Resources Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Pier and Floats at 508 South Bay Front, Balboa Island, CA
Dear Mr. Miller:
I represent the Vallely Trust ("Vallely"), owner of the property at 508 South Bay
Front, Balboa Island, CA (the "Property"). I am aware you have had discussions with
John Vallely, co -trustee, concerning the issue of the shore -connected pier and floats at
the Property, and Mr. Vallely has indicated to you his desire to sell the Property along
with the right to the use of the pier and floats. Mr. Vallely appreciates your cooperation,
and has asked that I become involved only after the retention of counsel by the adjacent
property owner.
I am in possession of your email of June 5, 2012. My understanding of the email
is that the City takes the position the existing pier permit is not transferable because the
floats encroach in front of the adjacent property, and the granting or denial of a pier
permit to a new owner would be at the discretion of the Harbor Commission following a
new application. (NBMC 17:35.020 F.)
Your email does not address the historical information provided by Mr. Vallely.
The pier and floats were approved for commercial use and have been operated as a
marina in its present configuration for 76 years. Although I am unaware of the date
Harbor Permit Policies were first enacted, as of 1966, Section 1 -B of the Harbor Permit
Policies stated as follows:
"Shore -connected piers and floats bayward of commercial -zoned areas may be
used by persons other than the occupants of the abutting upland properties."
As of 1966, the pier and floats at the Property were an approved, conforming
use. The addition to the Harbor Permit Policies pertaining to the elimination of
encroaching pier and float facilities, i.e., Section 29, appears to have been enacted on
January 9, 1967. The language of Section 29 carries forward almost verbatim in Section
17:35.020 F.
Page 1 of 2
Chris Miller
Harbor Resources Manager
City of Newport Beach
June 7, 2012
Page 2 of 2
With this history in mind, it would appear Vallely has a vested right to continue
the existing use, lawfully established under prior law. The California Supreme Court has
held that use of the land at the time the use becomes nonconforming determines the
right to continue the use — not ownership. Transfer of title does not affect the right to
continue a lawful nonconforming use that runs with the land. (See Hansen Brothers
Enterprises, Inc. v. Board of Supervisors (1966) 12 Cal.4 1h 533, 540.) Thus, Vallely may
transfer the vested right to continue the existing use to a new owner.
In summary, Vallely believes it may sell the pier and floats as they presently
exist, with the right to use the facility as a marina for boat rental. Vallely requests a letter
from the City indicating that the transfer of ownership of the Property will not require the
new owner to obtain a new pier permit.
The resolution of this matter is of some urgency, as Vallely is marketing the
Property, and is informed the value of the Property could be affected by as much as
$400,000.00, depending on the right to use the existing pier and floats.
Please feel free to contact this office.
Very truly yours,
HARRYS.CARMACK
HSC/Itr.vallely
cc: John Vallely
NEWPORT BEACH HARBOR COMMISSION MINUTES
City Council Chambers
February 9, 2005
CALL TO ORDER 6:00 P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL: Commissioners, Seymour Beek, Tim Collins, John Corrough, Don
Lawrenz, Paulette Pappas, Ralph Rodheirn were present. Staff:
Lorrie Arcese, Tom Rossmiller, Chris Miller.
Absent: Marshall Duffield
MINUTES:, The minutes from the last meeting were approved.
PUBLIC COMMENTS: None
Susan Bidart — 510 So. Bay Front, complained that the Vallely's property is a residence
and not a commercial property and they do not comply with the commercial parking
regulations. The pier was built on the property line as was indicated on the information
she handed out.
Vivian Vallely.— 508 So. Bay Front, said that the property was never a boat yard and
parking is never an issue as the boat owners that rent out their docks are all nearby
residents.
REQUEST FOR CONTINUANCES: None
APPEAL ITEMS:
ITEM # 1
Subject: Increase Float Size at 508 S. Bay Front — Vallely
Summary: Should the Balboa Island applicant be allowed a variance to
increase the square footage of a float by 20.25 square feet without
decreasing the overall square footage of the dock system as
required by the Harbor Permit Policies? The applicant is being
required by the City of Newport Beach to increase the width of a
finger in order to satisfy minimum safety requirements of the
Commercial Fire Code, NFPA 303.
Discussion: There are no records showing what was done in the past with this
finger. Commissioner Rodheim abstained from voting.
Public Comments:
Susan Bidart said that in the records and p hotos she has of the
Vallely property there is no finger showing. If they have no permit
for it how can it be okayed?
Action: The motion was made by Commissioner Rodheim to allow the
applicant to increase the width of the finger but require the overall
square footage of the dock system to be reduced by 20.25 square
feet. The motion was seconded and passed, three to two.
ACTION ITEM
ITEM # I
Subject: Mud Doctor's Presentation for a Unique Approach to
Maintenance dredging.
Summary: The Mud Doctors have proposed a unique dredging solution for
Bahia Corinthian Yacht Club's need to increase depth in certain
areas of their marina. Gordon Boivin, President of Mud Doctors
has requested an opportunity to present their approach to the
Harbor Commission for review and comment.
Discussion:
Public Comments: Mark Sites quoted from the Mitigation Policy, "3. Mitigation Map.
The project applicant shall map thoroughly the area, distribution,
density and relationship to depth contours of any eelgrass beds
likely to be impacted by project construction. This includes areas
immediately adjacent to the project site which have the potential to
be indirectly or inadvertently impacted as well as potential eelgrass
habitat areas. Potential habitat is defined as areas where eelgrass
would normally be expected to occur but where no vegetation
currently exists. Factors to be considered in delineating potential
habitat areas include appropriate circulation, light, sediment, slope,
salinity, temperature, dissolved oxygen, depth, proximity to
eelgrass, history of eelgrass coverage, etc."
Action: Review and file.
ITEM # 2
Subject: Rhine Channel Remediation Alternatives Project — Chemical
Analyses Results.
Summary: Steve Cappellino of Anchor Environmental gave a presentation on
the study done by Orange County CoastKeeper to develop a better
understanding of the vertical extent of contamination in the Rhine
channel and to develop a remediation plan under a grant from the
State Water Resources Control Board.
Discussion: They are looking for long range of options for solutions.
Public Comments:
Action: Review and comment.
SUB -COMMITTEE REPORTS:
Mooring Master Plan Committee — Commissioner Rodheim said that this is becoming
an enormous project. They should have recommendations in about a year. Tom said
they are getting what the scope of services should be for the RFP, which will then go to
the Commission, then onto the City Council for approval. Chairman Beek asked that
the Mooring Master Plan Committee be agendized for the next meeting to discuss what
their task should be exactly.
HARBOR RESOURCE UPDATES:
Tom Rossmiller gave a PowerPoint presentation on harbor updates. The Harbor
Resources Update is posted at. http://Www. city. newport-beach. ca. uslhbr (under
minutes, Harbor Resources Updates).
PUBLIC COMMENTS ON SUB -COMMITTEE REPORTS OR HARBOR RESOURCES
UPDATE:
Mark Silvey said that at the Regional Water Quality Board meeting a new ruling for
liveaboards is that holding tanks must be permanently closed (sealed shut). Tom said
we will be increasing monitoring and maintenance on the pumpouts and form a coalition
with marinas with pumpouts to house spare parts.
COMMISSIONER'S ANNOUNCEMENTS OR MATTERS TO BE PLACED ON
FUTURE AGENDAS FOR DISCUSSION, ACTION OR REPORT:
It was asked that Harbor Resources issues flyers and a press release to advise that
beginning next week citations will be given out to those dinghies that exceed the time
limits at the public piers.
RECOMMENDED TOPICS FOR FUTURE AGENDAS:
• Marinapark Conceptual Alternatives
• 5.18/17.41 Revisions
• Dock Construction Standards Final Approval
• Dinghy Dock Conceptual Drawing Approval
• Structure and Task of the Mooring Master Plan Subcommittee
• Revocation of pier at 1406 South Bay Front
DATE OF NEXT MEETING: Wednesday, March 9. 2005, 6:00 prn
Council Chambers
ADJOURNMENT
CITY OF NEWPORT BEACH J
HARBOR COMMISSION
February 9, 2005
TO: HARBOR COMMISSION
FROM: Harbor Resources Division (City Manager's Office)
Chris Miller, Supervisor, 949-644-3043
cmiller@city.newport-beach.ca.us
SUBJECT: Increase Float Size at 508 S. Bay Front — Vallely
ISSUE:
Should the Balboa Island applicant be allowed a variance to increase the square footage
of a float by 20.25 square feet without decreasing the overall square footage of the dock
system as required by the Harbor Permit Policies? The applicant is being required by
the City of Newport Beach to increase the width of a finger in order to satisfy minimum
safety requirements of the Commercial Fire Code, NFPA 303.
RECOMMENDATIONS AND OPTIONS:
Harbor Resources recommends that Option #1 be given consideration.
1 Allow the applicant to increase the width of the finger by 20.25 square feet
without decreasing the overall square footage of the dock system by the same
0 mount.
2- s('Ilow the applicant to increase the width of the finger yet require the overall
square footage of the dock system to be reduced by 20.25 square feet.
BACKGROUND:
In 2004, Harbor Resources and the Fire Department inspected all commercial docks in
the Harbor for fire code violations, with specific attention given to safe berthing practices.
While inspecting the commercially zoned pier at 508 S. Bay Front, Harbor Resources
discovered an extremely small, narrow finger that was in poor condition and presented a
safety hazard to fire fighting personnel in the event of an emergency.
The current finger is 11.25' long x 1.2'wide (13.5 square feet total). The floatation under
the finger is partly dislodged therefore causing the narrow finger to list at an unsafe
angle and making it impossible for a person to walk upon. The proposed finger would
increase the width to 3', the minimum standard for a short finger. The new dimensions
would then be 11.25' long x 3' wide (33.75 square feet total). It should also be noted that
there is no mention or drawing of this finger in the files at Harbor Resources.
Harbor Resources has required the applicant to increase the width of the finger from 1.2'
to 3' in order to satisfy the requirements of the NFPA 303 Fire Protection Standard for
Marinas and Boatyards, 2000 Edition, 6.13.6 which states: "Walkways, piers, access
roads, and other parts of the facilities shall be maintained free of obstructions at all times
so as to provide safe and reasonable access to all parts of the facility by fire -fighting
personnel and equipment." The Newport Beach Fire Department has determined that
all walkways will have at least 24" minimum clearance to allow unfettered access by fire
fighters who are wearing their full turn -outs. This 14" finger does not allow full access.
The Problem:
The Harbor Permit Policies concerning Balboa Island state that "the overall square
footage of the revised structure shall be equal to or less than the square footage of the
permitted structure." Since the City is requiring the applicant to bring the finger to
minimum safety standards, the applicant is requesting the dock to retain its current size
without any reduction in overall square footage.
The Related Considerations:
Environmental Determination: The proposed action is categorically exempt per CEQA
Section 15301, Class 1,D: Existing Facilities.
Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act
(72 hours in advance of the public meeting at which the City Council considers this item).
Per the Harbor Permit Policies, all residents within 300' of this project were notified and
invited to provide comments at tonight's Harbor Commission meeting.
CITY OF NEWPORT BEACH
3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92658-8915
(949) 644-3200
NOTICE OF EXEMPTION
To: From: City of Newport Beach
Office of Planning and Research Planning Department
1400 Tenth Street, Room 121 3300 Newport Boulevard - P.O. Box 1768
Sacramento, CA 95814 Newport Beach, CA 92658-8915
(Orange County)
County Clerk, County of Orange
Public Services Division
P.O. Box 23 8 Date received for filing at OPR:
Santa Ana, CA 92702
Name ofProject: a_n c rea ie Roo s _s -o? S, G,,,y rr,,;q t
Project Location: 6C1160r4 Cl-) C1 Z 6 &Z
Specific:.
Project Location -City: f\1evvpr,,,1 JSeaoh Project Location -County:
Project Description: --1hCS pro)evk ca-is-iv�,s o-� -1he V,;r4 J'h 0+ rA
by -20,75 S -/L -0-e fee�f-
Exempt Status: (check one)
0 Ministerial (Sec. 21080(b)(1);15268);
11 Declared Emergency (Sec. 21080(b)(3); 15269(a));
11 Emergency Project (Sec. 21080(b)(4); 15269(b)(c);
19 Categorical Exemption. State type and section number. 15 --�o Z
11 Statutory Exemptions. State code number:
11 - General Ruie (Sec. 15061 (b)(3))
Reasons why project is exempt: '111,Q t1evj'S-1rvc4yy,?_ I 'C' 60caied on sar?'w
Sy� I -C 0+ TU rfJZ1Q(Cd S;JrlV�Vft QnJ LA'i 1( V)(A',-C 12vvg&'T�-
Q,CA C,012do 1 4:1.
Name of Public Agency Approving Project: 61-tv o+ Napl &Casb
Date of Approval:
Narne of Person or Agency Carrying Out Project: b0yboy Pe'�owe'-� Suaqtv', -7d/
ContactPersow. Md)ev' Title: I 1101V�oy ae'�Ovfces &Jpe V� '3'OY
Signature: Tel.No. Date: r- A a 10'!r
a clool,
FAUsers\PLN\Shared\Fonns 2000\New Forms\CEQA\Nofice of Exemption.doc
Message Page I of 2
Miller, Chris
From: Campbell, James
Sent: Thursday, February 10, 2005 12:51 PM
To: Miller, Chris
Subject: RE: 508 S. Bayfront
The notice needs to include the paragraph and I you need to augment the
administrative record by giving the revised notice to the Harbor Commission especially
since they are the one actually making the determination.
----- Original Message -----
From: Miller, Chris
Sent: Thursday, February 10, 2005 12:38 PM
To: Campbell, James
Subject: RE: 508 S. Bayfront
Thanks Jim for your efforts. I'll put this in the file along with the Notice of Exemption.
Chris
02/10/2005
----- Original Message -----
From: Campbell, James
Sent: Thursday, February 10, 2005 10:46 AM
To: Rossmiller, Tom; Miller, Chris
Cc: Kiff, Dave
Subject: 508 S. Bayfront
Patty asked that I prepare something for the Vallely variance request related to
CEQA compliance. This is my analysis.
The project qualifies for a Categorical Exemption pursuant to Section 15302
(Replacement or Reconstruction) of the Implementing Guidelines of the
California Environmental Quality Act. This exemption permits the replacement
or reconstruction of existing structures where the new structure is located on
the same site of the replaced structure and will have substantially the same
purpose and capacity. The project involves the replacement of an existing
dock float that has been determined to be unsafe for continued use as it does
not provide a stable surface for walking or emergency access. The existing
11.25 foot long by 1.2 foot wide float serves a single boat slip and its
replacement is 11.25 foot long by 3 foot wide. The new float is the same length
and in the same position as the existing float, it will not permit a larger boat or
additional boats to be docked. The existing float is 13.5 square feet and the
proposed float is 33.75 square feet and pursuant to a site survey, no Zostera
marina (eelgrass) is below the existing finger that would be shaded or affected.
Therefore, staff believes the project eligible for the exemption from further
environmental review.
James Cam
pbell
Senior Planner
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ATTORNEYS Ar L AW - FOUNDED 1.373
Luu, FORWARD, HAMILTON & SCIUM UP
CHRISTOPBER K BARNETTE, PARTNER
DIRECT DIAL NUNMEP, 619.699.2550
DIRECT FAxNumBER 619.645.5394
EmAjL ADDRESS cbamette@1uce.cojn
VIA FACSIMILE
February23,2005
Chris Miller, Harbor Resources Supervisor
City of Newport Beach, Division of Harbor Resources
829 Harbor Island Drive
Newport Beach, CA 92660
Re: Pier at 508 South Bayfront, Balboa Island, California
Dear Chris:
600 West Broadway
Sufte 2600
San Diego, CA 92101-3372
619.236.1414
819.232.8311 fax
WWW.IV08-0Dn1
I am following up on my letter of February 2, 2005 and our subsequent telephone conversation.
You have expressed concern that we have requested further review of the Vallely pier and its
compliance with the City's Harbor Policies and Guidelines for piers on Balboa Island. You
indicated that Harbor Resources and the City Attorney's Office have already -undertaken a
review of the Vallely pier and have determined that no action is warranted at this time.
Essentially, you have stated that although the pier does not comply with current requirements, it
has been "grandfathercd" because the permit for the pier was issued in the 1960's. Based on that
representation, we are not asking that the City -undertake another review at this time.
The City's Harbor Policies and Guidelines, and state law, make it clear that pier permits are
personal to the permit holder, and cannot be transferred to a new peiTnittee without City
approval. We expect that if there is a proposed transfer of the Vallely pier permit, that at a
minimum the City will require as a condition of transfer that the Vallety pier be brought into full
compliance with the City's Harbor Policies and Guidelines. Thank you for your assistance.
Please do not hesitate to contact me if you have any questions or comments.
Very truly yours,
Christopher K. Barnette
of
LUCE, FORWARD, HAMILTON SCRIPPS LLP
cc: Susan Bidart
2042926.1
32611.1
CARMEL VALLEY/DEL MAR - Los ANGELES - SAN DIEGO - SAN FRANCISCO
LucE FoRwmw
ATTORNEYS AT LAW - FOUNDED 1873
LuCE, FORWARD, HAMILTON & SCRIPPS LLP
CHRISTOPHER K. BARNETTE, PARTNER
DIRECT DIAL NumBER 619.699.2550
DIRECTFAXNUMBER 619.645.5394
EMAIL ADDRESS ebamette@luce.com
February 2, 2005
Chris Miller, Harbor Resources Supervisor
City of Newport Beach, Division of Harbor Resources
829 Harbor Island Drive
Newport Beach, CA 92660
Re: Pier at 508 South Bayfront, Balboa Island, Californi
Dear Chris:
600 West Broadway
Suite 2600
San Diego, CA 92101
619.236.1414
619.232.8311 fax
www.luce.com
This firm represents Susan Bidart, owner of the property at 510 South Bayfront on Balboa Island. I am
responding to your letter of January 10, 1005 regarding required modifications to the above -referenced
pier (the "Vallely Pier"), which is next door to Mrs. Bidart's property.
As you are aware, the Vallely Pier violates a number of the provisions of the City of Newport Beach
Harbor Permit Policy. Among others, the pier is not set back from the Vallely/Bidart property line, and
also has fingers encroaching in front of the Bidart property. The pier is a significant impairment to my
client's property and we believe its continued use, if allowed, should be limited to the existing pennittee.
Our understanding, based on your representation, is that the proposed modification to a finger of the
Vallely Pier is on the side of the pier opposite to the Bidart property. That being the case, we are less
concerned than if the modification were to one of those fingers which encroaches on Mrs. Bidart's
upland property. Nevertheless, we believe that steps should be taken to bring the Vallely Pier in
compliance with the City of Newport Beach Harbor Permit Policy. Although the Vallely property
apparently is zoned commercial, its current use is residential, thus requiring a new permit under the
harbor policies regarding encroaching piers and floats. Moreover, if the pier is being used for
commercial purposes, which apparently is the case, there is not adequate adjacent parking as required
under the Harbor Permit Policy. Accordingly, we request the Harbor Commission require that the
Vallely Pier be brought into full compliance with Harbor Permit Policy.
Thank you for your consideration. Please do not hesitate to contact me if you have any questions or
comments.
Very truly yours,
CARMEL VALLEY/DEL MAR . Los ANGELES . SAN DIEGO . SAN FRANCISCO
Message Page I of 2
Miller, Chris
From: Miller, Chris
Sent: Friday, February 11, 2005 5:12 PM
To: Corrough, John
Cc: Rodheim, Ralph; Collins, Tim; Beek, Seymour; Duffield, Marshall; Pappas, Paulette; Lawrenz,
Donald; Rossmiller, Tom
Subject: Your Questions Concerning 508 S. Bay Front
Dear Commissioner Corrough,
During this week's Harbor Commission meeting when the Vallely property was discussed, you mentioned the
need to investigate the Vallely pier at 508 S. Bay Front and to possibly make a determination of it's encroachment
at a future Harbor Commission meeting. Therefore, I would like to take this opportunity to describe the facts
surrounding this property.
1) As evidenced by the aerial photographs, it is true the pier does encroach upon the property at 510 S. Bay
Front.
2) 510 S. Bay Front does not have a pier, nor would they be allowed a pier under the current Policies concerning
Balboa Island.
3) One of the handouts that Ms. Bidart gave the Commissioners was a City of Newport Beach, Public Works
Harbor Permit, issued on 12/27/66. This permit states "—permission is hereby granted to maintain an existing
pier and float bayward of 508 and 510 South Bay Front, Balboa Island. This permit is issued in accordance with
the City -Council instructions per Council Minutes dates 12/27/66." This document is in the files at Harbor
Resources.
4) Harbor Permit Policies have a section (near the back) titled Encroaching Piers and Floats. This section
specifically deals with issues such as this one. It states:
"in areas where existing piers and floats encroach in front of abutting upland property owned by others, a new
permit approved by the Harbor Commission, shall be required upon:
A. Any change in type of existing use of the piers and floats.
B. Any change in type of existing use of the abutting upland property owned by the permittee.
C. Any change of existing ownership of the abutting upland property owned by the permittee or upon the
death of the permittee.
D. 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 Harbor Commission 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."
5) Staff feels the mechanisms are in place to handle Ms. Bidart's concern with the pier at 508 S. Bay Front, when
the time arises. According the above passage, we will have to wait until one of those triggers occur, therefore
prompting a Harbor Commission ruling.
I hope this clarifies your questions. Please let me know if I can be of further assistance.
02/11/2005
January 10, 2005
CITY OF NEWPORT BEACH
Harbor Resources Division
829 Harbor Island Drive
Newport Beach, CA 92660
RE: Dock at 508 S. Bay Front
Dear Neighbor,
The City of Newport Beach Harbor Permit Policies require that all property owners
within 300' of the parcel for which an application is submitted be notified of any dock
changes that need approval by the Harbor Commission. Specifically, the Policies state
that the overall square footage of docks on Balboa Island may not be increased.
The applicant at 508 S. Bay Front is being required by the Harbor Resources Department
to increase the width of one of the fingers on the float from 14" to the minimum standard
of 36". The City is requiring the finger width to be increased in the interest of safety,
both to the boat owners and to firefighters in the event of an emergency. This pier is
commercially zoned.
If you would like to submit any comments regarding this proposal, please submit them in
writing to my attention (mail or email) by February 9, 2005 or you may speak at the next
Harbor Commission meeting on February 9, at 6:00 pin at the City Hall Council
Chambers.
Thank you,
Chris Miller
Harbor Resources Supervisor
(949) 644-3043
emiller(@,city.new-port-beach.ca.us
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CHRISTOPHER K. BARNETTE, PARTNER
DIRECT DIAL NuMBER 619.699.2550
DIRECTFAxNuMBFR 619.645.5394
EMAIL ADDRESS ebai-iiette@ILice.COM
November 18, 2004
Tom Rossmiller, Harbor Resources Manager
City of Newport Beach
Division of Harbor Resources
829 Harbor Island Drive
NewpGil. Beach, CA '02660
600 Vfest B roadway
Suite 2600
San Dle.go , CA 921.01
61-9.230.1,114
61.9,232.8311. fax
"wx".1tice.colil
Re: Pier at 508 South Bayfront, Balboa Island, California; Vivian Vallely
Dear Mr. Rossmiller:
This firm represents Susan Bidart, who owns the home at 5 10 South Bayfront on Balboa Island.
The owner of the property adjacent to Mrs. Bidart's home, Vivian Vallely, maintains a pier that
extends into the bay from her property at 508 South Bayfront. That pier not only extends beyond
the allowable pier headline, but begins at the edge of Mrs. Bidart's property and, through several
extensions, extends well in front of the Bidart property. In doing so, the pier violates numerous
City Council policies regarding use and configuration of piers extending from properties on
Balboa Island.
Ms. Vallely's pier in its current configuration encroaches well into the sight lines of Mrs.
Bidart's property and is causing significant damage. We are considering various alternatives to
address this issue. Regardless of these considerations, however, Harbor Permit Policies are quite
clear that Ms. Vallely's permit is not transferable:
ENCROACHING PIERS AND FLOATS. In areas where existing
piers and floats encroach in froili of abi4firg upl-gand property
owned by others, a new permit approved by the Harbor
Commission, 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
. oy�t" ff A -
tz � I , �,,; je,,i-v� permittee.
Ms. Vallely is elderly, and we expect there may be attempts to transfer her permit to others. We
would like to make the record clear that we would object to any such transfer and wish to have
notice of any attempt to transfer the permit. Although we would expect to receive notice of such
an attempted action in the course of ordinary events, we ask that notation be made in Ms.
Vallely's permit file of our outstanding and continuing objection.
CARM0 V/m.u-Y/DE1. NIAR I Los AUci..u.s 11 SA,\, Diico SAD FqANCISCO
LucE FoRwAm
ATTORNEYS AT LAW - FOUNDED 1873
LuCE, FORWARD, HAMILTON & SCRIPPS LLP
Tom Rossmiller, Harbor Resources Manager
November 18, 2004
Page 2
If you have any questions or comments, please do not hesitate to contact me.
Very truly yours,
Christopher K. Barnette
of
LUCE, FORWARD, HAMILTON & SCRIPPS LLP
CKB:hmk
cc: Susan Bidart
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CITY OF NEW '- PORT BEACH
MARNE DEPARTMENT
November 12, 1979
TO: MAYOR AND CITY COUNCIL ITEM NO.: H-18
FROM: Marine Department
SUBJECT.: HARBOR PERMIT APPLICATION 256-508 BY ROLAND VALLELY,
TO REBUILD EXISTING PIER.
Recommendation
If desired, approve the application.
Discussion
This application is being brought to the Council for review and
action as required by Sections 22 (par 2) and Section 23V ofthe
Newport Beach Harbor Permit Policies which state:
"22. BALBOA ISLAND Piers presently in use may be repaired
but re-c-ommendations for any additions or remodeling shall
be restricted to such changes that do not lessen the use of
either the.immediate water or land areas."
"23.V. Balboa Island All new piers shall be subject to
special permits approved by the City Council. Revisions
to existing piers will be permitted providing they do not
lessen the use of either the immediate water or land areas."
The applicant plans to rebuild the existing pier as part of a
continuing maintenance. The only revision to the existing
structure will.be a relocation of the concrete support pilings
utilizing the newer methods of.marine construction. Staff has
determined that the rebuilt pier will not lessen the use of
either the immediate water or land areas.
D. HARSHBARGER, DIRECTOR
MARINE DEPARTMENT
Tony Melum.
Acting Tidelands Administrator
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