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Home My WebLink AboutM2008-00383 4 5 7, 8 10 11 12 M V11 0 13 i - n - HAZARDOUS MATERLkLS DISCLOSUU': ,Chemical Inventory and Business Emergency Plan F ETF G H J K L W N we, F-1 ocA-, 7. 77 Uri A c-, 0 10. 47 ^VIA, I I 1; " - - - . - A2 13 14 �14 "50c) 0-1 c0oo I Lk 000 15 15 3uf rcrnc- 16 16 (Building Front) 17 . . 171 1 0 A 1 8 1 C F I G H J I K L I M I N Business Name: Site Address: ,, Avc-- Site Map (page number anigned. shall be entered on chen*W Inventory shM) PART 11 Page 3 RoYIW l2r2= - ;I- 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 BALBOA ANGLING CLIUB ATTN: DARA STOTESBURY 200 A STREET BALBOA, CA 92661 Dear Commercial Pier Permittee, Permit number: HC2004-042 Location : Status: 200 A ST CLOSED I yll� 09/17/2004 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. INSPECTION DATE COMMENTS CHRIS MILLER - HARBOR RESOURCES SUPER VISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page I of I March 22, 1996 N -r'Y C:> F= F:t.Zk N 4a P HEALTH CARE AGENCY PUBLIC HEALTH SERVICES ENVIRONMENTAL HEALTH DIVISION 2009 E. EDINGER AVENUE SANTA ANA, CALIFORNIA 92705 (714) 667-3700 Veronica Pennington Underground Storage Tank Local Oversight Program State Water Resources Control Board P.O. Box 944212 Sacramento, CA 94244-2120 Subject: Multiple Responsible Party Identification RE: Hill's Boat Dock 814 E. Bay Ave. Newport Beach, CA 92661 O.C.H.C.A. Case #94UT69 Dear Ms. Pennington: TOM URAM DIRECTOR HUGH F. STALLWORTH, M.D. HEALTH OFFICER ENVIRONMENTAL HEALTH DIVISION ROBERT E. MERRYMAN, REHS, MPH DEPUTY DIRECTOR A of Ice 112-- '9/1/ We have recently been advised by Tony Melum; Deputy Chief, City of Newport Beach, Marine Division; that the City of Newport Beach is not partial property owner of the above referenced site and was incorrectly identified when O.C.H.C.A. Case #94UT69 was opened. This information was brought to our attention after case #94UT69 had obtained closure. For the record, please delete: RESPONSIBLE PARTY: City of Newport Beach CONTACT NAME: John Douglas Planning Dept., John Wolters Public Works Dept., ADDRESS- P.O. Box 1768 CITY/STATE/ZIP: Newport Beach, CA, 92663 from the multiple party listing for O.C.H.C.A. Case #94UT69. I can be contacted at (71QA67-3�14 should you have any questions. Very/Truly Y Joyce L. Krall, E-�� ` — \ Sp Je� cia azardous Was e list Ha�dous Mate Management Section j Environ tal H alth Division cc: Tony Melum, City of Newport Beach, Marine Division DATE I ;TTIME FOR WHILE Y WERE OUT PI TELEPHONEDEASE CALL RETURNED YOUR CALL WILL CALL AGAIN CAME IN TO SEE YOU URGENT MESSAGE ` BY pg- 1 INVOICE FOR OVERSIGHT COSTS Send Payment to: State water Resources Control Underground Storage Tank Local PO Box 944212 Sacramento, CA 94244-2120 Local Agency: COUNTY OF ORANGE SITE # 94UT69 CITY OF NEWPORT BEACH JOHN DOUGLAS/JOHN WOLTERS PO BOX 1768 NEWPORT BEACH, CA 92663 f in510a << mrp:1 >> Board Oversight Program Bill Date: LI, -h 12/11/95 PLANNING DEPARTME ' ENT CITY OF NEWPORT BEA0 I AM 1995 PM 7j�90 , A�42jljP13AA6 site o Ton, HILLS BOAT SERVICE 814 BAY AVE E NEWPORT BEACH, CA 92661 Total previously billed: $ Payment(s) received as of 07/26/95 $ **New Charges - Billing Period:01/01/95 through 06/30/95 $ FUND - F Total amount due: $ 164.76 329.52 1,086.56 921.80 State Health and Safety Code Sections 25297.1 and 25360 and Title 42 of the United States Code Section 6991b(h)(6) require recovery of costs associated with the Local oversight program. When your site was put in the local oversight program, you received a Letter explaining that the State Water Resources Control Board (State Board) would bill you for public costs of cleanup oversight. This bill includes site specific and program management charges. Site specific charges directly relat2 to your site. Examples are sampling for soil and ground water contamination, site inspections, and reviewing reports and workpLans. A description of activity codes follows the itemized charges. Program management includes other costs associated with program operation. Such costs may include: space rental, office services and supplies, purchase of sampling equipment, training and the salary and benefits of support personnel (i.e., clerical staff, accountant, program supervisor). Program management charges are calculated at not more than 50 percent of site specific charges. The exact rate is shown on the last page of your bill. if you received an invoice for a previous billing period, those charges are shown as "Total Previously Billed". Any payments you made on the previous billing are shown as "Payment Received". The total of any unpaid previous balance plus new charges is shown as "Total Amount Due". ** See itemized List of new charges on next page(s). FOR INFORMATION CALL: VERONICA PENNINGTON (916) 227-4312 PAYMENT IS DUE IN 30 DAYS -------------------------------- cut on this line -------------------------------- Return this part with your check made payable to SWRCB. Use the enclosed envelope and send to the address above. Local Agency: COUNTY OF ORANGE Site 4: 94UT69 Site Location: CITY OF NFUTUO HILLS BOAT SERVICE JOHN DOUAWWAtbEFIORPAYMENT 814 BAY AVE E PO BOX 1768 NEWPORT BEACH, CA NEWPORT JEACH, CA 92663 92661 y I Total amount due: $ 921.80 Planning Director Enter amount paid: $ AccoLINT NO.', fin5lOb pg. 2 Site specific charges for biLLing period: DATE NAME 01/01/95 *ACT ITEMIZED NEW 06/30/95 HOURS ST OT CHARGES RATE ST OT LocaL agency: COUNTY OF ORANGE Site number: 94UT69 BiLLing date: 12/11/95 IND TRAVEL TOTAL 01/03/95 KRALL, JOYCE 215 0.10 0.0 35.30 0.3650 0.00 4.81 01/04/95 KRALL, JOYCE 215 0.50 0.0 35.30 0.00 0.3650 0.00 24.09 01/05/95 KRALL, JOYCE 212 0.10 0.0 35.30 0.00 0.3650 0.00 4.81 01/09/95 KRALL, JOYCE 200 0.10 0.0 35.30 0.00 0.3650 0.00 4.81 01/10/95 KRALL, JOYCE 215 1.10 0.0 35.30 0.00 0.3650 0.00 53.00 01/10/95 KRALL, JOYCE 212 0.80 0.0 35.30 0.00 0.3650 0.00 38.54 02/02/95 KRALL, JOYCE 204 0.30 0.0 35.30 0.00 0.3650 0.00 14.45 02/02195 KRALL, JOYCE 210 2.50 0.0 35.30 0.00 0.3650 3.30 123.76 02/03/05 KRALL, JOYCE 215 0.40 0.0 35.30 0.00 0.3650 0.00 19.27 02/06/95 KRALL, JOYCE 215 0.40 0.0 35.30 0.00 0.3650 0.00 19.27 02/14/95 KRALL, JOYCE 215 0.20 0.0 35.30 0.00 0.3650 0.00 9.63 02/27/95 KRALL, JOYCE 215 0.20 0.0 35.30 0.00 0.3650 0.00 9.63 02/27/95 KRALL, JOYCE 215 0.30 0.0 35.30 0.00 0.3650 0.00 14.45 03/02/95 DIEKMANN, BILL 210 1.00 0.0 39.28 0.00 0.3650 0.00 53.61 03/02/95 KRALL, JOYCE 210 1.20 0.0 35.30 0.00 0.3650 5.40 63.22 03/02/95 KRALL, JOYCE 215 0.20 0.0 35.30 0.00 0.3650 0.00 9.63 03/03/95 KRALL, JOYCE 215 0.60 0.0 35.30 0.00 0.3650 0.00 28.91 03/06/95 KRALL, JOYCE 204 0.30 0.0 35.30 0.00 0.3650 0.00 14.45 03/06/95 KRALL, JOYCE 215 1.30 0.0 35.30 0.00 0.3650 0.00 62.63 03/21/95 KRALL, JOYCE 212 0.20 0.0 35.30 0.00 0.3650 0.00 9.63 03/22/95 DIEKMANN, BILL 211 0.30 0.0 39.28 0.00 0.3650 0.00 16.08 03/22/95 KRALL, JOYCE 212 0.30 0.0 35.30 0.00 0.3650 0.00 14.45 03/23/95 KRALL, JOYCE 215 0.20 0.0 35.30 0.00 0.3650 0.00 9.63 03/23/95 KRALL, JOYCE 211 1.90 0.0 35.30 0.00 0.3650 0.60 92.15 03/27/95 KRALL, JOYCE 215 0.40 0.0 35.30 0.00 0.3650 0.00 19.27 04/06/95 KRALL, JOYCE 212 0.10 0.0 35.30 0.00 0.3650 0.00 4.81 04/06/95 KRALL, JOYCE 215 0.20 0.0 35.30 0.00 0.3650 0.00 9.63 04/12/95 DIEKMANN, BILL 215 0.50 0.0 39.28 0.00 0.3650 0.00 26.80 05/01/95 KRALL, JOYCE 215 0.10 0.0 35.30 0.00 0.3650 0.00 4.81 05/10/95 KRALL, JOYCE 207 0.30 0.0 35.30 0.00 0.3650 0.00 14.45 05/11/95 KRALL, JOYCE 212 0.30 0.0 35.30 0.00 0.3650 0.00 14.45 05/11/95 KRALL, JOYCE 207 0.70 0.0 35.30 0.00 0.3650 0.00 33.72 05/24/95 KRALL, JOYCE 215 0.30 0.0 35.30 0.00 0.3650 0.00 14.45 06/08/95 KRALL, JOYCE 212 0.80 0.0 35.30 0.00 0.3650 0.00 38.54 06/28/95 KRALL, JOYCE 215 0.20 0.0 35.30 0.00 0.3650 0.00 9.63 SITE SPECIFIC TOTALS: 7-8.4 0.0 $ 905.47 PROGRAM MANAGEMENT CHARGE (caLculated at 20% of site specific charges): $ 181.09 TOTAL NEW CHARGES 1086.56 see activity codes on next page pg. .5 SITE #: 94UT69 (cont) * ACTIVITY CODES AND DESCRIPTIONS: (ACT) 300 (200) Responsible Party identification and notification 304 (204) Meeting with Regional Board or other affected agencies regarding a specific site 306 (206) Development of enforcement actions against a Responsible Party 307 (207) Issuance of a closure document 310 (210) Site visits 311 (211) Sampling activities 312 (212) Meetings with responsible parties or responsible party consultants 315 (215) Review of reports, workpLans, preliminary assessments, remedial action plans, or post-remediaL monitoring NOTE: More than one responsible party (RP) has been identified for this site. ALL RPs are shown below. This invoice has been sent to all RPs for this site. RPs may be held jointly and severally liable for site cleanup costs. You may wish to coordinate with the other RP(s) to allocate the site cleanup costs among yourselves. CITY OF NEWPORT BEACH GERALD TUCKER JOHN DOUGLAS/JOHN WOLTERS 12531 EL ROY DR P0 BOX 1768 SANTA ANA, CA 92705 NEWPORT BEACH, CA 92663 Q D O m � pa O� 0 N U a W W .TF v U ~N 5 CO Z V cc J C\, wvv0 Q O rn z �z om Cma C) ~ Q Q - U 03 J Q ��a.ca O� CC CC z O oC Ud W W N () F- N ix Q Cl) Q W cr o N V W LL 0 0) O Q Z x cN m NE FW- fO N 0 N cnoav)o Melurn, Tony From: To: Subject: Date: Riley, Fire MELUM; LOCKARD FW: Hill's Boat Fri, Dec 22, 1995 8:56AM Let's get together on this next week. I want to make sure we are on the same page as a department. From: Douglas, John on Fri, Dec 22, 1995 8:47 AM Subject: RE: Hill's Boat To: CHNET/CITYHALL/WOLTER; CHNET/FIRE/LOCKARD Cc: Riley, Fire; CHNET/CITYHALL/CLAUSON; CHNET/FIRE/CHEEK; CHNET/FIRE/MELUM Dennis - Thanks for the info. As you probably figured out, this is an unusual situation since it apparently involves the City as a property owner, not as regulatory agency. Since it is related to tidelands administration Tony has graciously offered to handle it. From: Lockard, Dennis To: Douglas, John; Wolter, John Cc: Clauson, Robin; Cheek, Russell; Melum, Tony; Riley, Fire Subject: RE: Hill's Boat Date: Friday, December 22, 1995 8:24AM In response to Robin's comments and to clarify the fire prevention division's role in underground tank removal and installation: 1) The Fire and Marine Department issues a permit for the installation or removal of underground pursuant to the municipal code 2) The plans for this work must be approved by the OCHCA prior to issuance of the permit 3) The OCHCA is responsible for all hazardous waste, identification of site contamination and clean up remediation 4) The Fire and Marine Department would not contract with the OCHCA for any services in conjunction with these permit activities nor am I aware of any prior contract activities with the OCHCA I am unaware of any role the Fire and Marine Department played in hazardous waste and site mitigation and cannot identify any municipal codes that authorize such activities. I hope this clarifies these issues, I will forward the paperwork to Chief Mecum If you have any questions please fell free to call me at 644-3106. Dennis ---------- From: Douglas, John To: Walter, John; Lockard, Dennis Cc: Clause, Robin; Melum, Tony Subject: Hill's Boat Date: Thursday, December 21, 1995 9:37AM Dennis/JW - I spoke to Tony Mecurn and he has offered to take care of the invoice. Please forward that envelope to him. Thanks From: Clauson, Robin Page 1 4�4� 7- 3 -!�, o S To: Lockard, Dennis Cc: Douglas, John Subject: RE: Underground tanks Date: Wednesday, December 20, 1995 1:19PM Sylvia Marsten in the fire dept used to be the person in charge of oversight of LIT removal and clean up from the fire dept's point of view. The city is not responsible for clean up unless it is our property. Is it our property? Did it used to be our property? If not,we are not a prp. Plus why is this the first we are hearing about this? Usually fire dept coordinates with Co health care Who dealt with this one? QQQ? ---------- From: Lockard, Dennis To: Clauson, Robin; Douglas, John; Wolter, John Subject: RE: Underground tanks Date: Wednesday, December 20, 1995 12:53PM NO! ---------- From: Douglas, John To: Clauson, Robin; Wolter, John; Lockard, Dennis Subject: RE: Underground tanks Date: Wednesday, December 20, 1995 9:58AM They have fingered us as a "Responsible Party" but I never heard why. Maybe due to some easement or previous ownership? Anyway, we're in that barrel called "joint and several liability". From the invoice it looks like somebody has already paid some $$. Are you the contact for the Clty? ---------- From: Lockard, Dennis To: Clauson, Robin; Douglas, John; Wolter, John Subject: RE: Underground tanks Date: Wednesday, December 20, 1995 9:49AM I don't understand why the City is receiving a invoice. Services provided by the OCHCA should be paid for by the customer, Hill's Boat Service shouldn't it? Dennis Lockard ---------- From: Douglas, John To: Clauson, Robin; Wolter, John; Lockard, Dennis Subject: Underground tanks Date: Wednesday, December 20, 1995 9:39AM I can't remember who is the primary City contact on underground tank issues. I received an invoice from OCHCA/RWQCB for "oversight" of the removal/cleanup at Hill's Boat storage. Who should it go to? Page 2 TO: r3a DATE, MAYOR CITY COUNCIL CITY MANAGER FIRE 9.1�PmY CITY MGR. E3 GENERAL SERVICES [D'�ATTORNEY LIBRARY .[:] �BUILDING MARINE QCITYCLERK PARKS & REC. FINANCE - ADMIN. [:1 PERSONNEL CTACCOUN-nNG 0 PLANNING DATA PROCESSING 0 POLICE DUPLICATING PUBLIC WORKS PAYROLL E9 TRAFFIC E:l PURCHASING [I UTILITIES El REVENUE E3 TELECOMM. FOR: [:] ACTION & DISPOSITION El FILE INFORMA71ON REVIE W & COMMENT RETURN REMARKS: FROM: January 5, 1995 ".J-r,y C:) P FAj4kM43F— HEALTH CARE AGENCY PUBLIC HEALTH SERVICES ENVIRONMENTAL HEALTH DIVISION 2009 E. EDINGER AVENUE SANTA ANA, CALIFORNIA 92705 (714) 667-3700 TOM URAM DIRECTOR HUGH F. STALLWORTH, M.D. HEALTH OFFICER ENVIRONMENTAL HEALTH DIVISION ROBERT E. MERRYMAN, REHS, MPH DEPUTY DIRECTOR CERTIFIED LETTER John Douglas /Planning Dept. John Wolters/Public Works Dept. C't of Newport Beach Pff Box 1768 Newport Beach, CA 92663 I FU Subject: Notice of Requirement to Reimburse v F F' Re: Hill's Boat Service AM JAN 0 6 1995 PM 814 E. Bay Ave. 71800111112111213141516 Newport Beach, CA 92661 O.C.H.C.A. Case #94LJT69 Dear Sirs: You, or the Company you represent, has been identified as a responsible party for the leaking underground storage tank at the above referenced site. The attached Notice of Requirement to Reimburse is your formal notification of your responsibility to investigate and remedy the effects of this release and to reimburse the State Water Resources Control Board for the direct and indirect costs incurred by local and state agencies while overseeing site investigation or re medial action. The Orange County Health Care Agency and the State Water Resources Control Board, have entered into an agreement which authorizes this Agency to oversee corrective action at sites contaminated by the unauthorized release of petroleum products from underground storage tanks. The program developed by Orange County is funded by State and Federal monies and is subject to the reimbursement requirements associated with the use of these funds. In order to comply with the reimbursement requirement, it is necessary to account for all time and materials expended by County staff at each site. On a routine basis, site specific amounts detailing the time and expenses expended for each site will be provided to the State. The State will then invoice the responsible parties (RPs) for all direct and indirect costs associated with this Agency's oversight of corrective action. This Agency will initially identify at least one RP per site, then broaden its identification process to include all other RPs. When an additional RP is identified and added to or dismissed and deleted from the list of RPs for the referenced site, you will receive a copy of 2 their Notice and an updated list of RPs. RPs may be held jointly and severally liable for site cleanup costs. This means that the State Water Resources Control Board may collect the entire amount due for the costs incurred at the site from any one RP or from several RPs. You may wish to negotiate with the other RI's to allocate the oversight costs when the invoice is received. If any of the information contained in the Notice of Requirement to Reimburse is incorrect or if you have any questions regarding the reimbursement requirements, please contact this office at (714) 667-3714. Very Joy'ce,L. Krall, aste Sbecialist Hazardous Ma—t�-�s Management Section Environmental Health Division JLK:vrp cc: State Water Resources Control Board S-' te Water Resources Control BoarO -,vision of Clean Water Programs UST Local Oversight Program NOTICE OF REQUIREMENT TO REIMBURSE Site Code 94UT69 Site Name Hill's Boat Service Address 814 E. Bay Ave. City/State/Zip Newport Beach, CA 92661 present Date First Reported 9 /26/ 94 Substance diesel Petroleum ( X ) Yes ( ) No Responsible Party and/or Contact Person John Douglas/Planning Dept. John Wolters/Public Works Dept. Responsible Party and/or Contact Company City of Newport Beach Address P.O. Box 1768 0 City/State/Zip Newport Beach, CA 92663 The federal Petroleum Leaking Underground Storage Tank Trust Fund (Federal Trust Fund) provides funding to pay the local and state agency administrative and oversight costs associated with the cleanup of releases from underground storage tanks. The Legislature has authorized funds to pay the local and state agency administrative and oversight costs associated with the cleanup of releases from underground storage tanks. The direct and indirect costs of site investigation or remedial action at the above site are funded, in whole or in part, from the Federal Trust Fund. The above individual (s) or entity(ies) have been identified as the party or parties responsible for investigation and cleanup of the above site. YOU ARE HEREBY NOTIFIED that pursuant to Title 42 of the United States Code, Section 6991b(h)(6) and Sections 25297.1 and 25360 of the California Health and Safety Code, the above Responsible Party or Parties must reimburse the State Water Resources Control Board not more than 150 percent of the total amount of site specific oversight costs actually incurred while overseeing the cleanup of the above underground storage tank site, and the above Responsible Party or Parties must make full payment of such costs within 30 days of receipt of a detailed invoice from the State Water Resources Control Board. Contract Project Director: 0�.Z� (714) 667-3771 Date Sigf�4ture Telephone Number Add: x Reason: Delete: Reason* Change: Reason: new caseZproperty owner REV:12/02/92 Page 1 of 1 FORM #25 d4lal 1417� January 5, 1995 -r'Y 4C:> F= Alk NJ C1 P— HEALTH CARE AGENCY PUBLIC HEALTH SERVICES ENVIRONMENTAL HEALTH DIVISION 2009 E. EDINGER AVENUE SANTA ANA, CALIFORNIA 92705 (714) 667-3700 TOM URAM DIRECTOR HUGH F. STALLWORTH, M.D. HEALTH OFFICER ENVIRONMENTAL HEALTH DIVISION ROBERT E. MERRYMAN, REHS, MPH DEPUTY DIRECTOR CERTIFIED LETTER John Douglas /Planning Dept. John Wolters/Public Works Dept. Cit of Newport Beach Pff Box 1768 Newport Beach, CA 92663 -i3 -'3 Sub ect: Notice of Requirement to Reimburse ]AN 0 6 1995 Re: Hill's Boat Service A M %.j PM 814 E. Bay Ave. Newport Beach, CA 92661 O.C.H.C.A. Case #94UT69 Dear Sirs: You, or the Company you represent, has been identified as a responsible party for the leaking underground storage tank at the above referenced site. The attached Notice of Requirement to Reimburse is your formal notification of your responsibility to investigate and remedy the effects of this release and to reimburse the State Water Resources Control Board for the direct and indirect costs incurred by local and state agencies while overseeing site investigation or *ia` action. remecl I The Orange County Health Care Agency and the State Water Resources Control Board, have entered into an agreement which authorizes this Agency to oversee corrective action at sites contaminated by the unauthorized release of petroleum products from underground storage tanks. The program developed by Orange County is funded by State and Federal monies and is subject to the reimbursement requirements associated with the use of these funds. In order to comply with the reimbursement requirement, it is necessary to account for all time and materials expended by County staff at each site. On a routine basis, site specific amounts detailing the time and expenses expended for each site will be provided to the State. The State will then invoice the responsible parties (RPs) for all direct and indirect costs associated with this Agency's oversight of corrective action. This Agency will initially identify at least one RP per site, then broaden its identification process to include all other RPs. When an additional RP is identified and added to or dismissed and deleted from the list of RPs for the referenced site, you will receive a copy of 14 their Notice and an updated list of RPs. RPs may be held jointly and severally liable for site cleanup costs. This means that the State Water Resources Control Board may collect the entire amount due for the costs incurred at the site from any one RP or from several RPs. You may wish to negotiate with the other RPs to allocate the oversight costs when the invoice is received. If any of the information contained in the Notice of Requirement to Reimburse is incorrect or if you have any questions regarding the reimbursement requirements, please contact this office at (714) 667-3714. Very Joy'te_L. Krall, aste 50ecialist Hazardous Ma`R�-�s Management Section Environmental Health Division JLK:vrp cc: State Water Resources Control Board State Water Resources Control Board Division of Clean Water Programs UST Local Oversight Program NOTICE OF REQUIREMENT TO REIMBURSE Site Code 94UT69 Site Name Hill's Boat Service Address 814 E. Bay Ave. City/State/Zip Newport Beach, CA 92661 Use for cases from January 1, 1991 to present Date First Reported 9 /-26/ 94 Substance diesel Petroleum ( X ) Yes ( ) No Responsible Party and/or Contact Person John Douglas/Planning Dept. John Wolters/Public Works Dept. Responsible Party and/or Contact Company City of Newport Beach Address City/State/Zip P.O. Box 1768 rt Beach. CA 92663 The federal Petroleum Leaking Underground Storage Tank Trust Fund (Federal Trust Fund) provides funding to pay the local and state agency administrative and oversight costs associated with the cleanup of releases from underground storage tanks. The Legislature has authorized funds to pay the local and state agency administrative and oversight costs associated with the cleanup of releases from underground storage tanks. The direct and indirect costs of site investigation or remedial action at the above site are funded, in whole or in part, from the Federal Trust Fund. The above individual(s) or entity(ies) have been identified as the party or parties responsible for investigation and cleanup of the above site. YOU ARE HEREBY NOTIFIED that pursuant to Title 42 of the United States Code, Section 6991b(h)(6) and Sections 25297.1 and 25360 of the California Health and Safety Code, the above Responsible Party or Parties must reimburse the State Water Resources Control Board not more than 150 percent of the total amount of site specific oversight costs actually incurred while overseeing the cleanup of the above underground storage tank site, and the above Responsible Party or Parties must make full payment of such costs within 30 days of receipt of a detailed invoice from the State Water Resources Control Board. Contract Project Director: 0-3j-ljlle�- (714) 667-3771 Date Si-,gfiAture Telephone Number Add: Delete: Change: X Reason: new case/property owner Reason: Reason: REV:12/02/92 Page 1 of 1 FORM #25 UJ Ln m ru m r-1 co r - [a Z LU 0 LO (a Lu 04 U -i 0) > < < 5; CC cc LU 0 LU LU LL 2 Lu IM Lu < O�dLU M 0) z 0 < 0 00 z 04 < 0 LU LZ 0 >< ZZ W 4 Lu cc 0 LO C�q of N C, r- 04 LL L� LLJ C/) LQ I lm LL LL. Ll UJ Ln m ru m r-1 co r - [a Z LU 0 LO (a Lu 04 U -i 0) > < < 5; CC cc LU 0 LU LU LL 2 Lu IM Lu < O�dLU M 0) z 0 < 0 00 z 04 < 0 LU LZ 0 >< ZZ W 4 Lu cc 0 LO C�q of N C, r- 04 LL December 28, 1994 Vr C)o F= N CA P— HEALTH CARE AGENCY PUBLIC HEALTH SERVICES ENVIRONMENTAL HEALTH DIVISION 2009 E. EDINGER AVENUE SANTA ANA, CALIFORNIA 92705 (714) 667-3700 TOM URAM DIRECTOR HUGH F. STALLWORTH, M.D. HEALTH OFFICER ENVIRONMENTAL HEALTH DIVISION ROBERT E. MeRRYMAN, REHS, MPH DEPUTY DIRECTOR CERTIFIED LETTER Gary Hill Hiirs Boat Service 814 E. Bay Ave. -V E D El 'V Newport Beach, CA 92661 Lnffl NING D��,PhIRTUENK, lj%fp 0 -P T ; 1,�C D, I Subject: Notice of Requirement to Reimburse Re: Hill's Boat Service AM iAN 0 6 1995 PM 814 E. Bay Ave. 718191101111211121314A6 Newport Beach, CA 92661 O.C.H.C.A. Case #94UT69 Dear Mr. Hill: You, or the Company you represent, has been identified as a responsible party for the leaking underground storage tank at the above referenced site. The attached Notice of Requirement to Reimburse is your formal notification of your responsibility to investigate and remedy the effects of this release and to reimburse the State Water Resources Control Board for the direct and indirect costs incurred by local and state agencies while overseeing site investigation or remedial action. The Orange County Health Care Agency and the State Water Resources Control Board, have entered into an agreement which authorizes this Agency to oversee corrective action at sites contaminated by the unauthorized release of petroleum products from underground storage tanks. The program developed by Orange County is funded by State and Federal monies and is subject to the reimbursement requirements associated with the use of these funds. In order to comply with the reimbursement requirement, it is necessary to account for all time and materials expended by County staff at each site. On a routine basis, site specific amounts detailing the time and expenses expended for each site will be provided to the State. The State will then invoice the responsible parties (RPs) for all direct and indirect costs associated with this Agency's oversight of corrective action. This Agency will initially identify at least one RP per site, then broaden its identification process to include all other RPs. When an additional RP is identified and added to or Gary Hill December 28, 1994 Page 2 dismissed and deleted from the list of RPs for the referenced site, you will receive a copy of their Notice and an updated list of RPs. RPs may be held jointly and severally liable for site cleanup costs. This means that the State Water Resources Control Board may collect the entire amount due for the costs incurred at the site from any one RP or from several RPs. You may wish to negotiate with the other RPs to allocate the oversight costs when the invoice is received. If any of the information contained in the Notice of ReQuirement to Reimburse is incorrect or if you have any questions regarding the reimbursement requirements, please contact this office at (714) 667-3714. Very,trdly ouf,, \toyce L. Krall, R Haza�dous Was Environmen JLK:vrp �)I Specialist r als Management Section Health Division cc: State Water Resources Control Board Gerald Tucker, Multiple Responsible Party City of Newport Beach, Multiple Responsible Party Use for cases from January 1, 1991 to present State Water Resources Control Board Division of Clean Water Programs UST Local Oversight Program NOTICE OF REQUIREMENT TO REIMBURSE Site Code 94UT69 Date First Reported 9 /26/94 Site Name Hill's Boat Service Substance diesel Address 814 E. Bay Ave. Petroleum (X ) Yes No City/State/Zip Newport Beach, CA 92661 Responsible Party and/or Contact Person Gary,Hill Responsible Party and/or Contact Company Hill's Boat Service Address 814 E. Bay Ave. City/State/Zip Newport Beach, CA 92661 The federal Petroleum Leaking Underground Storage Tank Trust Fund (Federal Trust Fund) provides funding to pay the local and state agency administrative and oversight costs associated with the cleanup of releases from underground storage tanks. The Legislature has authorized funds to pay the local and state agency administrative and oversight costs associated with the cleanup of releases from underground storage tanks. The direct and indirect costs of site investigation or remedial action at the above site are funded, in whole or in part, from the Federal Trust Fund. The above individual(s) or entity(ies) have beeno identified as the party or parties responsible for investigation and cleanup of the above site. YOU ARE HEREBY NOTIFIED that pursuant to Title 42 of the United States Code, Section 6991b(h)(6) and Sections 25297.1 and 25360 of the California Health and Safety Code, the above Responsible Party or Parties must reimburse the State Water Resources Control Board not more than 150 percent, of the total amount of site specific oversight costs actually incurred while overseeing the cleanup of the above underground storage tank site, and the above Responsible Party or Parties must make full payment of such costs within 30 days of receipt of a detailed invoice from the State Water Resources Control Board. Contract Project Director: Add: x Reason: new case Delete: Change: Reason: Reason: (714) 667-3771 Date Telephone Number REV:12/02/92 Page 1 of 1 FORM M GROUNDWATER CLEANUP PROGRAM Multiple Responsible Party Listing Case # 94UT69 Date: Site DBA: Hill's Boat Service Address: 814 E. Bay Ave. Newport Beach, CA 92661 Primary RP Contact/RP Name: Gary Hill Business Name: Hill's Boat Service Address: 814 E. Bay Ave. Newport Beach, CA 92661 Additional RP(s) Contact/RP Name: Gerald Tucker Business Name: Address: 12531 El Roy Dr. Santa Ana, CA 92705 John Douglas/Planning Dept Contact/RP Name: John Wolters/Public Works Dept. Business Name: City of Newport Beach Address: P.O. Box 1768 Newport Beach, CA Contact/RP Name:. Business Name: Address: 1-3-95 REV:04/10/92 Page 1 of 1 FORM #30 January 10, 1995 Gerald Tucker 12531 El Roy Dr. Santa Ana, CA 92705 TOM URAM DIRECTOR HUGH F. STALLWORTH, M.D. -r'Y 4(:> F= HEALTH OFFICER ENVIRONMENTAL HEALTH DIVISION F ;4ROBERT E. MERRYMAN, REHS, MPH DEPUTY DIRECTOR .40L M Ca" a HEALTH CARE AGENCY PUBLIC HEALTH SERVICES ENVIRONMENTAL HEALTH DIVISION 2009 E. EDINGER AVENUE SANTA ANA, CALIFORNIA 92705 (714) 667-3700 Subject: Notice of Requirement to Reimburse Re: Hill's Boat Service 814 E. Bay Ave. - Newport Beach, CA 92661 O.C.H.C.A. Case #94UT69 Dear Mr. Tucker: CERTIFIED LETTER You, or the Company you represent, has been identified as a responsible party for the leaking underground storage tanks at the above referenced site. The attached Notice of Requirement to Reimburse is your formal notification of your responsibility to investigate and remedy the effects of this release and to reimburse the State Water Resources Control Board for the direct and indirect costs incurred by local and state agencies while overseeing site investigation or remedial action. The Orange County Health Care Agency and the State Water Resources Control Board, have entered into an agreement which authorizes this Agency to oversee corrective action at sites contaminated by the unauthorized release of petroleum products from underground storage tanks. The program developed by Orange County is funded by State and Federal monies and is subject to the reimbursement requirements associated with the use of these funds. In order to comply with the reimbursement requirement, it is necessary to account for all time and materials expended by County staff at each site. On a routine basis, site specific amounts detailing the time and expenses expended for each site will be provided to the State. The State will then invoice the responsible parties (RPs) for all direct and indirect costs associated with this Agency's oversight of corrective action. This Agency will initially identify at least one RP per site, then broaden its identification process to include all other. RPs. When an additional RP is identified and added to or dismissed and deleted from the list of RPs for the referenced site, you will receive a copy of Gerald Tucker January 10, 1995 Page 2 their Notice and an updated list of RPs. RPs may be held jointly and severally liable for site cleanup costs. This means that the State Water Resources Control Board may collect the entire amount due for the costs incurred at the site from any one RP or from several RPs. You may wish to negotiate with the other RPs to allocate the oversight costs when the invoice is received. If any of the information contained in the Notice of Requirement to Reimburse is incorrect or if you have any questions regarding the reimbursement requirements, please contact this office at (714) 667-3714. Very Jo�Tce L. Waste'SWcialist MaterialJ Management Section ritaf-11—ea"Ith Division JLK:vrp cc: State Water Resources Control Board John Douglas, City of Newport Beach, Partial Property Owner v"John Wolters, City of Newport Beach, Partial Property Owner Gary Hill, Hill's Boat Service I? Site Code . 94UT69 State Water Resources Control Board Division of Clean Water Programs UST Local Oversight Program NOTICE OF REQUIREMENT TO REIMBURSE Site Name Hill's Boat Service Address 814 E. Bay Ave. City/State/Zip Newport Beach, CA 92661 Responsible Party and/or Contact Person Responsible Party and/or Contact Company Gerald Tucker Address 12531 El Roy Dr. use for cases from January 1, 1991 to present Date First Reported 9 / 26/ 94 Substance diesel City/State/Zip Santa Ana, CA 92705 Petroleum ( X ) Yes ( ) No The federal Petroleum Leaking Underground Storage Tank Trust Fund (Federal Trust Fund) provides funding to pay the local and state agency administrative and oversight costs associ-ated with the cleanup of releases from underground storage tanks. The Legislature has authorized funds to pay the local and state agency administrative and oversight costs associated with the cleanup of releases from underground storage tanks. The direct and indirect costs of site investigation or remedial action at the above site are funded, in whole or in part, from the Federal Trust Fund. The above individual(s) or entity(ies) have been identified as the party or parties responsible for investigation and cleanup of the above site. YOU ARE HEREBY NOTIFIED that pursuant to Title 42 of the United States Code, Section 6991b(h)(6) and Sections 25297.1 and 25360 of the California Health and Safety Code, the above Responsible Party or Parties must reimburse the State Water Resources Control Board not more than 150 percent of the total amount of site specific oversight costs actually incurred while overseeing the cleanup of the above underground storage tank site, and the above Responsible Party or Parties must make full payment of such costs within 30 days of receipt of a detailed invoice from the State Water Resources Control Board. Contract Project Director: Add: x Delete: Change: (714) 667-3771 Date Telephone Number Reason: new case/property owner Reason: Reason: REV:12/02/92 Page 1 of 1 FORM #25 November 27,1995 Gary Hill Hill's Boat Service Inc. 814 E. Bay Ave. Newport Beach, CA 92661 VP C:) F= " CA, a HEALTH CARE AGENCY PUBLIC HEALTH SERVICES ENVIRONMENTAL HEALTH DIVISION 2009 E. EDINGER AVENUE SANTA ANA, CALIFORNIA 92705 (714) 667-3700 Subject: Remedial Action Completion Certification Re: Hill's Boat Service Inc. 814 E. Bay Ave. Newport Beach, CA 92661 O.C.H.C.A. Case #94UT69 Dear Mr. Hill: TOM URAM DIRECTOR HUGH F. STALLWORTH, M.D. HEALTH OFFICER ENVIRONMENTAL HEALTH DIVISION ROBERT E. MERRYMAN, REHS, MPH DEPUTY DIRECTOR PLANNING DEPARTMENT CITY OF NEWPORT BEACH %-4 PM 71800111112111213141516 ILI This letter confinns the completion of site investigation and remedial action for the underground storage tanks formerly located at the above-described location. Enclosed is the Case Closure Summary regarding the above - referenced site for your records. Based upon the available information, including the current land use, and with the provision that the information provided to this Agency was accurate and representative of site conditions, no further action related to the underground storage tank release is required. This notice is issued pursuant to a regulation contained in Title 23, California Code of Regulations, Division 3, Chapter 16, Section 2721(e). Please telephone Joyce Krall at (714) 667-3714 if you have any questions regarding this matter. Sincerely, Robe�t E. Merryman, S,7H, Director Environmental Health Division REMJlk Attachment cc: Nancy Olson -Martin, Santa Ana Regional Water Quality Control Board Mike Harper, State Water Resources Control Board Larry Honeybourne, Environmental Health Division Karen L. Hodel, Environmental Health Division Gerald Tucker, Property Owner John Douglas / John Wolters,,City of Newport Beach, Property Owner \-J I Case Closure Summary Leaking Underground Fuel Tank Program Agency Information Date: November 8, 1995 Agency Name: orange County Health Care Agency Address: 2009 East Edinger Avenue City/State/Zip: Santa Ana, CA 92708 Phone: (714) 667-3714 11 Responsible staff person: Joyce Krall I Title: Hazardous Waste Specialist A If. Case Information Site Facility Name: Hill's Boat Service Inc. Site Facility address: 814 E. Bay Ave., Newport Beach RB LUSTIS Case No. Local Case No. 94UT69 LOP Case No: URF filing date: SWEEPS No. Lowest depth: 4 ft. bgs Responsible Party: Address: Phone NumFe—r Gary Hill, Hill's Boat Service Inc. 814 E. Bay Ave., Newport Beach, CA Is surface water affected? No Gerald Tucker (Property Owner) 12531 El Roy Dr., Santa Ana, CA Off-site beneficial use impacts (add resses/locations): City of Newport Beach (Prop er) P.O. Box 1768, Newport Beach, CA Treatment and Disposal of Affected Tank No Size in Gal. Contents Closed in-Place/Removed? Date 1 4.000 gasoline removed Feb. 3, IL995 2 1.01000 gasoline removed Feb. 3, IL995 L__2_� �4 4,000 & 7,000 diesel & diesel removed Feb. 3, IL995 Heiease anci site unaracterization intormation Cause and type of release: Unconfirmed Site characterization complete? Yes Date approved by oversight agency: November 8, 1995 Monitoring Wells Installed? No Number: Proper screened interval? Highest GW depth BGS: Above grade Lowest depth: 4 ft. bgs I Flow direction tidal zone Most Sensitive Current Use: Proximal to Newport Bay: Nay.,Rec.,Com.Mar.Habitat & Shellfish harvest Are drinking water wells affected? No Aquifer name: Is surface water affected? No Nearest/affected SW name: Off-site beneficial use impacts (add resses/locations): Report(s) on file? Yes Where is report(s) filed? 2009 E. Edinger Ave., Santa Am Treatment and Disposal of Affected Material Material Amount (include Units) Action (treatment or disposal/destination) Date Tank Piping Soil 60 tons Recycled into roadbase at Ewles, Irvine Feb. 20,21 Soil 1995 Groundwater ,[—Barre—ls— Page I of 2 Case Closure Summary Leaking Underground Fuel Storage Tank Program Case#: 94uT69 Ill. Release and Site Characterization Information (Continued) Date:Nov. 8. 1995 Maximum Documented Contaminant Concentrations - - Before and After Cleanup Contan,finant soil ppm) Water (ppm) Contaminant Soil (Ppm) Water (ppm) RWQCB Staff Name: <,* itl r. Before After Before After Before After Before After TPH (Gas) 5700 5700 0.810 N/A Xylene 26 26 0.029 N/A TPH (Diesel) 1400 1400 Ethylbenzene 23 23 0.013 Benzene 0.66 1 0.66 0.0053 Other Toluene 1.5 1.5 0.0034 Other Other I I I Other Comments (Depth of Remediation, etc.): Preliminary hand auger obtained soil samples detected contaminated soil adjacent to the former USTs. This area is in the tidal zone. During high tide this area is completely saturated and the level of the Bay is approximately I foot above grade (refer photo page attachecD. Extensive de -watering was conducted during UST replacement. cont. below IV. Closure V. VI LY1 I Does completed corrective action protect existing beneficial uses per the Regional Board Basin Plan? yes Does completed corrective action protect potential beneficial uses per the Regional Board Basin Plan? Yes Does corrective Tction protect public health for 'current land use? Yes Site Management requirements: none Should corrective action be reviewed if land use changes? no Monitoring wells Decommissioned: Number Decommissioned: Number Re'tained: List enforcement actions taken: none List enforcement actions rescinded: Date Submitted to RB: RB Response: RWQCB Staff Name: <,* itl r. Date: k 4—Cl 1. Additional Comilie—rits,\'Bata, etc. Water from the de -watering operation was approved by the SARWQCB for discharge into the Bay. Over - excavation assessed the c soil to be limited to within four feet of the excavation except for one location. Possible additional excavation was prevented due to extension under the street. Laboratory an ys s of the soil sample taken from the wall of that area was non -detect for benzene. Adjacent soil samples showed limited horizontal extent of a 13 feet for this area. cont. rhis document and the related CASE CLOSURE LETTER, shall be retained by the lead agency as part of the official site file. Revised: 4/14/94 Page 2 of 2 Case Closure Summary Leaking Underground Fuel Storage Tank Program Case#: 94UT69 Date: November 9, IL995 VII. Additional Comments (continued) During UST replacement activities, the approximate 3.5 to 5 cubic feet of contaminated soil which was over excavated for remedial action was inadvertently returned to the excavation. This is reflected by the rempinin contanihiant concentrations listed under the After Cleanup Soil Contaminant Concentration in Table M above. For the soil that was excavated during UST removals and removed from this site, signed receipts documenting off-site recycling has been received. Page 3 of 2 FROM : CRWQCB-REGION 8 PHONE NO. : 1309 6868016 Nov. 14 1995 01:27PM P1 I Porst-It- brand fax transmittal memo 7671 li Of pages ft J'rQ Ir e, \ � From K� 11666k aul? TPH (G") 5700 5700 M810 N/A Xylene CLO29 N/A TPH (Diesel) i1400 1400 Ethylbenzane 23 23 *%--� 'W 4� WS DOPL phone 0 Summary 3torage Tank Program ition LCorfflnu!5JJ CaSQ#: 94UWO Date:Nov. a. 1995 Maximum Documented Contaminant Concentrations - - Before and After Cleanup -Contaminant _15oll (Ppm) water (ppm) Contaminant — Soil (ppm) — water (ppm) SeRn AftQr Bebe After Bebm After Belbs After TPH (G") 5700 5700 M810 N/A Xylene CLO29 N/A TPH (Diesel) i1400 1400 Ethylbenzane 23 23 Benzene OL66 0.60 0.0053 Other Toluene L5 Other Other Other Comments (Depth of Remediation, etc.): Preliminary hand auger obtained sail samples detected Icc-ft—'-ated soil adjacent to the forraer Usms. This are& is in the tkW zaac Dudog bi& tide this am is com etely saturated mid the level of.the'Bay Is appm;dmiately I foot above grade (refer photo page " was conducted during UST rephicemaLt attached0l. Ratendve d"terL cont. below IV, closure comp e cc Ve act n pro en i oa as n Does completed corrective action protect paftrftl beneficial uses per the Regional Board Basin Plan? Y4s Nei —oorrwlve action protect public health for current land use? yes Site Management requirementw none Should corrective action be reviewed if land use changes? no Monitoring wells Decommissioned: Number Decommi6sioned: Number Retained: List enforcement acdons taken, none I List enforcement actions rescinded: V. —Local AgencV R%MsentaUm 041a Name: joyce Kn& te t _S I g n:at tui r e: Date; E -RCWWIT-� -,/ - 1-1 - f 44 V11 GC8 Notl Date Submi to 8; Nl,,, RS Response: K.� I Tffl;� � q,,, .1_ - cq'4�4 C; ek CA\ M VIC— Additfigna Comments, Data, etc. ter fmm the do-vatering operation was approved by the SAKWQCZ for dUcharge Into the Day. Over- e=mmtion amesged the ocntanftated son to be UmIted to within four Seet of tbm ezeavation except for one location. poodble additlonal excavation was prevented due to extension under the street- XAbontory ca, &VAly,316 of the soil "=pie taken from the wan of that area was non -detect for bensene. Adjacent vcAl I sempLes showed limited badmoutal eVent of 13 feet for this, arm cQ= TWs document and the Mated CASE CLOSURE LFrMR_ sh:11 be roWned by the lead Tge�cY as part of the official sice file.. Revised: 41141% P32C 2 Of 2 OL1�=� 1v� LA �-57 V AZ�l INV �Ttl -01" MM M M ON . 1 C5�� - - . - , < BALBOA ANGLING CLUB o BALBOA, "A" Strcet / Balboa, California 92661 TO WHOM IT MAY CONCERN: Balboa Angling Club authorizes Ken Nelson, of Newport �AEI'viBER o INTERNATIONAL GAYIE FISH ASSOCIATION INTERNATIONAL LIGHT TACKLE TOURNAMENT ASSN. Phone 673-3520 Marine Services, 507 E. Edgewater Place, Balboa, California to make dry rot repairs to the Club dock as depicted on attached drawing. Work to be performed on a "Time & Materials" basis. Lc--, Dated: 'tie �;Ml M, "Al 4- Q IT Y ,W, RN 0,;2 PA, 4vl- 124 PR- �,mg, 'g �v, "k A 4(3�, k-,ZU&IL�16,- fg- J.- ta CITY 60 NEWPORT BEA04 mulaort PERWIDIF GgANTED TO (:O-�!5ynucT ANr- PEMSSION " HEREBY !D,�' - -0 ,jeq r F MAMTAIN THE FACRJTY S11011u,_ j, -"" r1tovislords XT THE g"T2 INDICIATEN SUB"' pEn"i'I'T ec'J BEACH AF, THE HAiRSOR t L ANY S, F-CIAL CON —"0 �Z` , P- — ,S ?qo-f -7RA�qSFERAEA— THE WTV RARBOR ER Tips; RONTS GIVEN Ulm AMD T":415 na gi. CoDr-- V-i!714 Twl-- IN ACCORDAt4C" AVAST PERMIT v' -Xi Q S DATE ........ SEE ATTACHED SHEET * iscrif c �S' C I I ' �'c t vpw w.,scr.1 to CITY OF NJ�V�ORT BEACH MARINE DEPARTMENT DEAR SIRS) APRIL 4, 1988 BOAT SERVICE, INC., MUT-D LIKE TO PUT UP NEW SIDING OVER OUR 50 YEAR OLD PLYMOD, WHICH WILL NO LONGER HOLD A GOOD COAT OF PAINT. IF THERE ARE ANY QUESTIONS OR PROBLEMS WITH THIS, PLEASE CALL AT THE NUMBER �BELCW. THANK YOU VERY MUCH, GARY P. H I BOAT SERVICE,INC. 814 East Bay Avenue, P.O. Box 660, Balboa, California 92661 9 714/675-0740 MARINE DEPARTMENT October 27i 1976 TO: FINANCE DIRECTOR FROM: Marine Department SUBJECT: MAINTENANCE DREDGING FOR BALBOA ANGLING CLUB At the April 12, 1976 meeting, the City Council directed the Marine Department to process an application for a dredging permit and authorized City funding for the project in accordance with the attached staff report. The funding for this project was not included in the Marine Department budget for Fiscal Year 76-77. The dredging permit has been obtained and the work completed. The. .contractor, Shellmaker, Inc., has submitted an invoice for the work which is attached for your use. 6515e5n;E. KWelder Tidelands Administrator GEW: I I SOUTHERN CALIFORNIA OFFICE P.O. BOX 2025 NEWPORT BEACH, CA 92663 . (714) 644-0550 In Account With: SHELLMAKER, INC. DREDGING PORTSONOMA 250 SEARS POINT ROAD PETALUMA, CA 94962 22 October 1976 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92660 Invoice No. N-1642 PORTSONOMA (415) 897-4107 I CALIFORNIA STATE CONTRACTORS LICENSE NUMBER A-91675 10/18/76; 10/19/76 & 10/20/76 Dredged as directed at Balboa Angling Club, End of "A" Street, and hauled three (3) barge loads to sea. Total Amount Due PLEASE REMIT TO NEWPORT BEACH OFFICE $1,650.00 SPLCO4 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES, CALIFORNIA 90053 Cfty�of Newport Beach, Marine Safety Department 70 Newport Pier Newport Beach, CA 92660 5 October 1976 Gentlemen: Your permit, No. 76-149, has been validated and is inclosed. Notice of Authorization and copies of forms for reporting the status of work are also inclosed. 3 Incl 1. Permi t 2. Notice of Authorization 3. Work status form (dupe) IAL 1775-1975 ncerely yours ROBERT H. REINEN LTC, CE Acting District Engineer -4 -\33TIOJV 49/ 01 ra%.— In rn U Z 7776-10k) Application No. 76-149 Name of Applicant City of Newport Beach Effective Date 5 October 1976 Expiration Date (if applicable) 31 December 1979 DEPARTMENT OF THE ARMY PERMIT Referring to written request dated 15 July 1976 for a permit to: KYJ Perform work in or affecting navigable waters of the United States, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S.C. 403); 9X) Discharge dredged or fill material into navigable waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Control Act (86 Stat. 816, P.L. 92-500); O(X) Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1052; P.L. 92-532); City of- Newport Beach --a (Here insert the full name and address of the permittee) Marine Sa�6ty-Department 70 Newport Pier 'Newport Beach, CA 92660 is here -by authorized by the Secretary of the Amy: to maintenance dredge approximately 278 --4 (Here describe the Proposed structure or activity, and Its intended use. In the case of an application for a fill cubic yards of material using a hydraulic permit, describe the structures. if any, proposed to be suction dredge from beneath a pier and erected on the fill. In the case of an application for the float in Newport Bay, Pacific Ocean located at discharge of dredged or fin material into navigable waters t'A" Street, Lot "A", Tract Balboa Section, or the transportation for discharge in ocean waters of dredged material, describe the type and quantity of City of Newport Beach, Orange County, CA. material to be discharged.) The dredged material will be hauled to sea by a dump barge and disposed of at approved Environmental Protection Agency (EPA) disposal site LA -3, Newport Beach, within a 1 000--4 (Here to be named the ocean, river, harbor, or waterway yard radius of Latitude 33*31142" N, Longi- concerned.) It tude 117'541481? W, at a depth of 250 -4 (Here to be named the nearest well-known locality - preferably a town or city --and the distance in miles and f ath om s tenths from some definite point in the same, stating whether above or below or giving direction by points of compass.) in accordance with the Plans and drawings attached hereto which are incorporated in and made a part of this permit (on drawings: give file number or other definite identification marks); Balboa Angling Club subject to tho folowinX conditions: 1. Generallbp a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit; and that any activities not spocifleWly Identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more specifically in General Conditions I or k hersto, and in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this permit has been previously modified, suspended or revoked in whole or in part. ENG FORM I APR 74 1721 EDITION OFJUNE 19681SOBSOLETE. (ER 1145-2-303) b. Thal, ail activities authorized herein shall, if they involve a discharge or deposit into navigable waters or ocean waters, be at all times consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, and pretreatment standards established pursuant to Sections 301, 302, 306 , and 307 of the Federal Water Pollution Control Act of 1972 (P.L. 92-500; 86 Stat. 816), or pursuant to applicable State and local law.�_,,, c. That when the activity authorized herein involves a discharge or deposit of dredged or fill material into navigable waters, the authorized activity shall, if applicable water quality standards are revised or modified during the term of this permit, be modified, if necessary, to conform with such revised or modified water quality standards within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an implementation plan contained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the circumstances. d. That the permittee agrees to make every reasonable effort to prosecute the work authorized herein in a manner so as to minimize any adverse impact of the work on fish, wildlife and natural environmental values. a. That the permittee agrees to prosecute the work authorized herein.in 6 mariner so as to minimize any degradation of water quality. f. That the permittee shall permit the District Engineer or his authorized representative (s) or designee(s) to make periodic i - nspections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in accordance with the terms and conditions prescribed herein. g. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and drawings attached hereto; h. That this permit does not, convey. any property rights, either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations, nor does it obviat . a the requirement to obtain Stke or local assent required by law for the activity authorized herein. L That this permit does not authorize the interference with any existing or proposed Federal project and that the permittee shall not be.entitled to compensation for darfiage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. j. That this permit may be §urrimarily 'suspended, in -whole or in part, upon a finding by the District Engineer that immediat suspension 'of the activity authorized herein would be in the general public interest. Such suspension shall be effective upon receipt the permittee of a Written notice thereof which shall indicate (1) the extent of the suspension, (2) the reasons for this action, anii any corrective or preventative measures to be taken by the r permittee which are deemed necessary by the District Engineer to ab, te imminent hazards to the general public interest. The permittee shall take immediate action to comply with the provisions of this notice. Within ten'days following receipt of this notice of suspension, the permittee may request a hearing in order to present informabon relevant to a decision as to whether his permit should be reinstated, modified or revoked. If a hearing is requested, it shall be condu ted pursuant to procedures prescribed by the Chief of Engineers. After completion of the hearing, or within a reasonable time after is±ce of th6 suspension notice to the permittee if no hearing is requested, the permit will either be reinstated, modified or revoked. k. That this permit may be either modified, suspended or revoked in whole or in part if the Secretary of the Army or his authorized representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. Any such modification, suspension, or revocation shall become effective 30 days after receipt by the permittee of written notice of such action which shall specify the facts or conduct warranting same unless (1) within the 30 -day period the permittee is able to satisfactorily demonstrate that (a) the alleged violation of the terms and the conditions of this permit did not, in fact, occur or (b) the alleged violation was accidental, and the permittee has been operating in compliance with the terms and conditions of the permit and is able to provide satisfactory assurances that future operations shall be in full compliance with the terms and conditions of this permit; or (2) within the aforesaid 30 -day period, the permittee requests that a public hearing be held to presilint oral and written evidence concerning the proposed modification, suspension or revocation. The conduct of this hearing and the procedures for making a final decision either to modify, suspend or revoke this permit in whole or in part shall be pursuant to procedures prescribed by the Chief of Engineers. 1. That in issuing this permit, the Government has relied on the information and data which the permittee has provided in connection with his permit application. If, subsequent to the issuance of this permit, such information and data prove to be false, incomplete or inaccurate, this permit may be modified, suspended or revoked, in whoWor in part, and/or the Government may, in addition, institute appropriate legal proceedings. m. That any modification, suspension,'or revocation of this permit shall not be the basis for any claim for damages against the United States. 'Cl r 2 6 ITe 0^ co SO 44n Cff., v S 4616 &A,4210rcssad ,, /wool Offlia 0�0�0/0 &VJPOAS A*Ipaw .41CO07 lower Zo- i'vbAr'r. -'WfOzi,.W ,Ycp,-A6o,- 417C.5 47 VI < 3d rs 16 Id A S-rr e s I Co. WTAA C'r* A. I, . 111=44C . iaalf, eav Fv-ov,-v- S%c'rio,, 4rW cc%% VICINITY SkETCH I Naw"wr SO 44n Cff., v S 4616 &A,4210rcssad ,, /wool Offlia 0�0�0/0 &VJPOAS A*Ipaw .41CO07 lower Zo- i'vbAr'r. -'WfOzi,.W ,Ycp,-A6o,- 417C.5 47 VI < 3d rs 16 Id A S-rr e s I Co. WTAA C'r* A. I, . 111=44C . iaalf, eav Fv-ov,-v- S%c'rio,, n. That the permittee shall notify the District Engineer at what time the activity authorized herein will be commenced, as far in advance of the time of commencement as the District Engineer may specify, and of any suspension of work, if for a period of more than one week, resumption of work and its completion. o. That if the activity authorized herein is not stated on or before 31st day of D e cemb er 1917 (one year from the date of issuance of this permit unless otherwise specified) and is not completed on or before 31st _day of December 19 T) (three years from the date of issuance of this permit unless otherwise specified) this permit, if not previously revoked or specifically extended, shall automatically expire. . p. at no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this permit. q. That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the permittee. r. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which.. may require authorization by the Congress or other agencies of the Federal Government. s. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition v hereof, he must restore the area to a condition satisfactory to the District Engineer. t. That if the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property. u. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. v. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to comply with all terms and condition of this permit or by the transferee subscribing to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official. The following Special ConditioNwill be applicable when appropriate: ST-Rue:FURES FOR 6MAI=I= BOATS; That peFFAR488 h8F8bV FQ0QgRii1Q6 4148 perisibili4y 4140t 4148 FAMMUFS peFFAiff8el hBFe*R FRay be subjeGt to damage by wave wash iFGFR passiRg Vessels. The issuaRso of 4Ws pqrmi4 doospat relieve.4he pwmit*98 49FA 4akiRg all propef. Steps W iA6uFe the integFity Of the 6tFUetUF8 PeFmimel heFeiR enel the safeiy of beets mee ed thereto F a i do age by mova mash and the POFFROUGG shall Rat hold the IJAit-Ad &2486 liable i9F aRy SUGh damage. 61SCHARGE OF DREDGED MATERIAL INTO OCEAN WATERS: That the permittee shall place a copy df this permit in a conspicuous place in the vessel to be used for the transportation and/or dumping of the dredged material as authorized her OF -ff. R-I-eTHIRE IN 9R eVER NAVIGAB6re WATSRGi That the POFFRimeo, UPOR -FOeOiPt 84 8 Retwee e4 reyeestien *A *hP ' 'Fl**:Pd A s oi this permis or l2pop O;c expiFatioA beiere CGFAPIB*mgR Of 4he awtheFiRed 90uetuffl SF WOF16, Shall -,without expensente the - And in 61 -Ch 2Rd FR2RRer 2- ths See-etary oi 4he AFmy or his allthOFffiilBd FOPFOSOR484ive May diFftt, FesteFe-t4e-WateFway tamio kte&4a#rr-4e-eempt"ith-the4k-ee�f-the4eefetary-of4be-A�f -or-his-au+horiz�ed-representat" 8815* 414AF484 46PR $eqrosary or his designee M to by e8R.0aet-8F 84 ioe, and FeeGV& the- ---- 7— the Permottee a 3 MAINT-ENAN6E BRE9GING! 11) That whem the wark eutherozed here*R mne'udes pffiedie FFAiRISR11ROS dFOdSiRg, it FRay be P60OFFROd ,,nelpr this pprmmt fng: %(p2rS from the Agile of icc—pie of &hie p9ggAffix (%on vews unless othariAiise ipdiGated)i aAd (2) That !he permiUee will advise the nistrii;% Engineer ia waitiAg 24 lemn two owaks �efor-@ he 29', !Bij!3jli8^8ra dradgming 11. Special Conditions (Here list conditions relating specifically to tKe proposed structure or work authorized by this permit): The permittee.must notify U.S. Coast Guard, Capta in of the Port, Los Angeles/ Long Beach. 24 hours T)ri or to diimnincr of Arpqiopri m-qtp-rin'! nt- f-lita Aic-nncn1 c;+a This permit shall become effective on the date of the District Engineer's signature. Permittee �yeby cepts- -ag as c ply with the terms and conditions of this permit. PERMITTEE DATE BY A�" OR ITY 0 F TH E SECR E Y OF THE ARMY: 5 October 1976 ROBERT H. REINEN' LTC, CE Actg. DISTRICT ENGINEER,, U.S. ARMY, CORPS OF ENGINEERS Transferee hereby agrees to comply with the terms and conditions of this permit. TRANSFEREE 4 DATE DEPARTMENT OF THE ARMY CORPS OF ENGINEERS NOTICE OF A UTHORIZATION 5 October 1976 A. PERMIT TO maintenance dredged approx. 278 cti.yds. of material using' a .-hydraulic suction dredge from.be-neath a -pier and float in Newport Bay, Racific Ocean located- at "A" --St.., Lt. "A", Tract Balboa -Section. City of Newport Beach, Orange County, CA HAS BEEN ISSUED TO City ofcNewport Beach ON 5 October 1976 Marine Safety -Department ADDRESS OF PERMITTEE 70:Newport Pier Wwwort Beach, CA 92660 PERMIT NUMBER 76-149 ROBERT H. REINEN, LTC, E District Engineer ENG Form MIS, Jul 70 THIS NOTICE MUST BE CONSPICUOUSLY DISPLAYED AT THE SITE OVWORK. GF -0: 1971 0--415-598 IMPORTANT NOTICE TO THE PERMITTEE - Please make all reports re status of work under this instrument, direct to the District Engineer, Department of the Army, Los Angeles District. Corps of Engineers, P.0 Box 2711. Los Angeles, California 90053. The attention of the applicant is directed to the conditions of the permit, which specify that the District Engineer shall be notified as to the date of commencement, the dates of suspension of the work, and date of completion. If it is anticipated that the work will not be completed by the date of expiration, application should be made to the District Engineer, well in advance of that date, for extension of time to continue the work, provided that there has been no change in the attendant circumstances. The following forms are attached for your convenience. and it is requested that the appropriate one be completed and returned to (Ais office as work progresses. (Extra copy is for your record.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (cu t on I tow) wbject- Cospietion of work under Department of the AnW permit. ArAW District Engineer, Corps of frigineerst Department of the LOS Angeles. Califorvila In compliance with the cmdltlons of the pel"It dated for 19.. this is to notify you that such work was empitted an . .. . . . /17/ (Pefut t too) (Address) Permit No. Signed: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (out an line) gsbj#ctt Resmption of wom under Department of the Army permit. TO: District Fxglneer. Corps of r6nglneers. Departm-rit of the Amy. Los Angeles, CajIf@MI& In emplIance with the conditions of the pomIt issued lQ___for this to to notify you that work will be ?*eBumed On Y/, - 9 --------- ------7jUr-j-3;7j ----------------- - - - - - ------ Permit No. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (cut on line) 19 au bj ec t, &ispensim of work under Department of the AM permIt. To: District Engineer, Corps of Engineers, Department nf the Army, Los Angeles, California In compliance with the conditions of the, Vemit Issued I9___ for th,-st is to notify you that work will be suspended for ..... days, beginning MUFF---, If fibir *are than I uveh) �76 ---- -- Permit No. Signed: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - (cut On—lind) 19--. &IbjtCt* Commenceiviert of work un4er DePartment of the Army pervilt. be te) To, District Engineer, Corps of Engineers. Department nf the ArwW. Los Angeles. California W N In compliance with the condition$ of.the pervilt Issued 19 for LL this Is to notify you that the authorized work will be c=ehccd < J Permit NO'. 81 gried: — IMPORTANT NOTICE TO THE PERMITTEE - Please make all reports re status of work under this instrument, direct to the District Engineer, Department of the Army. Los Angeles District. Corps of Engineers, P.0 Box 2711. Los Angeles, California 90053. The attention of the applicant is directed to the conditions of the permit, which specify that the District Engineer shall be notified as to the date of commencement. the dates of suspension of the work, and date of completion. If it is anticipated that the work will not be completed by the date of expiration, application should be made to the District Engineer, well in advance of that date, for extension of time to continue the work, provided that there has been no change in the attendant circumstances. The following forms are attached for your convenience, and it is requested that the appropriate one he completed and returned to this office as work progresses. (Extra ropy is for your record.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (cut an line) &Ibj@ct- Completlen of work under Department of the AM p*MIt. (Date), District Engineer. Corps of trigineers, Department of the Ar1W@ LOB Angeles. Callfamia in compliance with the conditions of the peMIt dated lk__ for this Is to notify you that such work was completed on 19 Permit No. SIgned* - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (cut an line) @ubj*ctl -Resujoption of wf%M under Department of the Army permIt. TO: District rrglneer. Corps of Engineers. pepartnent, of the Amy, Los Angeles, CajIf9MIa In emplILnce with the conditions o f the pomit, Issued jQ___tor this Is to notify you that work will be resumed on 19 --------- ----- 7!RrVs;7 ------------------ — -- ------- Permit No. Signed: - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (cut on line) Su bj ec t, fUspenslort of work under Department of the Army permit. To: District Engineer, Corps of Engineers, Department of the Army, Los Angeles, California in compliance with the cMdIt1MS of the Vemit Issued-_____. I9___ for . ....... thla is to notify you that work will be suspended for ..... days. beginning (s If for More than I U10ew IM, -PH Permit No. S1 6ped* - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (cut On line) &Ibject- Commencomert of work un4er Department of the Amy pemit. (Date) To: District Engineer, Corps of Engineers. Department mf the Army. Los Angeles, Callfomla Ln N In compliance wI0 the conditions of.the vemit issued 19 for j LL this Is to notify you that the authorized work will be commeficed -j _j Permit No. 81 Wied- DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES, CALIFORNIA 90053 SPLCO-N Public Notice No. 76-149 30 July 1976 Date Comments Due: 30 August 1976 YOU ARE INVITED TO COMMENT ON THIS APPLICATION FOR A PERMIT APPLICANT: City of Newport Beach Marine Safety Department 70 Newport Pier Newport Beach, California 92660 ACTIVITY: Maintenance dredging of approximately 278 cubic yards of material using a h draulic suction dredge from beneath a pier and float in Newport y Bay, Pacific Ocean located at "A" Street, Lot "A", Tract Balboa Section, City of Newport Beach, Orange County, California, as shown on the drawing accompanying this notice. The dredged material will be hauled to sea by a dump barge and disposed of at approved Environmental Protection Agency (EPA) disposal site LA -3, Newport Beach, within a 1,000 -yard radius of Latitude 33'31'42" North, Longitude 117*54'48" West, at a depth of 250 fathoms. PURPOSE AND USE: To maintain an adequate depth for small craft operating in the -area. FEDERAL, STATE AND LOCAL AUTHORIZATIONS: This project is exempt from the Coastal Zone Conservation Commission. Approval will be required from the Water Quality Control Board, prior to issuing permit. ENVIRONMENTAL IMPACT: This office does not intend to prepare an Environ - .mental Impact Statement on this activity unless significant detrimental effects are brought to our attention. PUBLIC HEARING: Any person who has an interest which may be adversely affected by the issuance of a permit may request a public hearing. The request must be submitted in writing to the District Engineer within thirty (30) days of the date of this notice and must clearly set forth the interest which may be affected and the manner in which the interest may be affected by the activity. Activities under Section 103 of the Marine Protection, Research and Sanctuaries Act (PL 92-532) and Section 404 of the Federal Water Pollution Control Act (PL 92-500) will be considered in conjunction with this notification. 110 "'O'rlotv &/C" rn z S3 Es r Public Notice No. 76-149 30 July 1976 APPLICANT: City of Newport Beach, Marine Safety Department CRITERIA: Your written comments or objections should include the number and date of this notice and must reach this office within thirty (30) calendar days. The decision whether to issue a -permit will be based on an evaluation of the probable impact of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the activity must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the activity will be considered; among those are conservation, economics, aesthetics, general environmental concerns, historic values, fish and wildlife values, flood damage prevention, land use classification, navigation, recreation, water supply, water quality, and, in general, the needs and welfare of the people. Details of changed conditions on the final permit action will be provided upon request. FOR THE DISTRICT ENGINEER: /C 6 - ROBERT H. REINEN LTC, CE Deputy District Engineer 2 Clr>-, Nxmaaer !S iTC 11, of owl M 0 S OftV Alva, Pas "44 VICINITY SkETCH Jr 1 2-78 C,,V#.,Js pr64 I Mm-"mr *.^v, CA& sfo^pdoa jeffy dk s,..it: Oitdpaf 'FO2 rawi One a4popoia belaw .410007 lower ZOW Wbole'r. paftre 0/* dr 1�4'3 r 0, Ave I E 0,:5T vac.) v) < L4 C EP40 04 ZAV Fv-ov..r Sacy'lor,% s L%L 9 Ocz 11. v S7 -,r e P, -r csvmw c *A S k 71. SPLCO-N DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS p. 0. BOX 2711 LOS ANGELES. CALIFORNIA 90053 Balboa Angling Club "All Street Balboa, CA 92661 20 july 1976 Gentlemen: Reference is made to your letter dated 15 July 1976 requesting a permit to maintenance dredge approximately 278 cubic yards of material from beneath a pier and float in Newport Bay* The City of New -port Beach has applied for a permit on your behalf. It is the policY'Of the Corps that no fees are required from other govern- mental agencies; therefore, we are returning your check, No. 655. Sincerely yours, 1 Incl As stated CF: city of Newport Beach Marine Safety Dept 70 Newport Pier Newport Beach, CA 92660 F S R. p. YOUNG, P.E. Chief, Construction - Operations Division �3110/v 49V 0 011; I'll z M 111�11,776-lcjl 07 7 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES. CALIFORNIA OW53 20 July 1976 Glen E. Welden Tidelands Administrator City of Newport Beach 3300 Newport Blvd. Newport Beach, CA Dear Mr. Welden: Your permit application, dated 15 July 1976 has been assigned number 76-149 . Please refer to this number in future contact with our office. (Maintenance dredging) At present, the normal permit processing time is a minimum of 3 months. Any work done in navigable waters before permit issuance is prohibited by law and may subject the parties involved to possible civil and criminal legal action. If you have any question or wish to bring to our attention special circumstances justifying expedited processing, please call our Navigation Branch at (213),688-5606, before 4:00 p.m. Sincerely yours, YOUNG, hief �Constructio Operations ivision LA FL 507 Jan 75 APPLICATION FOR A DEPARTMENT OF THE ARMY PERMIT One set of original drawings and two copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and checklist). 1. Application number (To be assigned by Corps). 2 Date. 3. For official. use only. 15 7 76 Day Mo. Yr. 4. Name and address of applicant. City of Newport Beach/Balboa Angling Club Telephone number 640-2156 Social Security No. 5. Name, address, and title of applicant's authorized agent for permit application coordination. Glen E. Welden Tidelands Administrator City of Newport Beach 3300 Newport Blvd. Newport Beach, CA TelephoneNumber 640-2156 6. Describe the proposed activity, its purpose and intended use, including a description of the type of structures, if any, to be erected on fills, or pile or float -supported platforms, and the type, composition and quantity of materials to be discharged or dumped and means of conveyance. Maintenance dredge 278 C.Y. of material by Hydraulic Suction from beneath a pier and float. The material will be hauled to sea by a dump barge and disposed of at Latitude 3303114211 N Longitude 117054148" W. 7. Proposed use. Private 0 Public IX Commercial 0 Other 0 (Explain in remarks) 8. Name and addresses of adjoining property owners whose property also adjoins the waterway. Standard Oil Dock Balboa Island Ltd Pete Hill 901 E. Bay Ave. 814 E. Bay Ave. Newport Beach Newport Beach 9. Location where proposed activity exists or will occur. Sec. Twp Rge (Where applicable) California Orange Newport Beach state County In - City or Town Near - City or Town 10. Name of waterway at location of the activity. Lower Newpc)rf:. R;;V FORM REPLACES ENG FORMS 4345 AND 4345-1 (PART A), MAY 71 ENG 74 4345 (ER 1145-2-303) AND 4346-1 (PART 0), JUN 71, WHICH ARE OBSOLETE. (EP 1145-2-1) 11. Date activity is proposed to commence. 8-15-76 Date activity is expected to be completed. 9 — 1 — 7 6 12. Is any portion of the activity for which authorization is sought now complete? Yes 0 No If answer is "Yes" give reasons in the remarks section. 'Month and year the activity was completed . Indicate the existing work on the drawings. 13. List all approvals or certifications required by other Federal, interstate, state or local agencies for any structures, construction,. discharges, deposits or other activities described in this application. Issuing Agency Type Approval Identification No. Date of Application Date of Approval R.W.Q.C.B. 7-15-76 14. Has any agency denied approval for the activity described herein or for any activity directly related to the activity described herein? Yes 0 No IR (If "Yes" explain in remarks) 15. Remarks (see paragraph 3 of Permits Pamphlet for additional information required for certain activities). 16. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief su ch information is true, complete, and accurate. I further ce rtify that I posses e authc�pky to-Zund,@(ita the proposed r activities. Ir Signaiure of Applican 18 U.S.C. Section 1001 provides that: Whoever, in,any manner within the jurisdiction of any department 6r agency of the United States knowlingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false fictitio us or fraudulent statement or entry, shall be fined not more than $10,000 or imprisioned not more than five years, or both. The application must be signed by the person who desires to undertake the proposed activity; however, the application may be signed by a duly authorized agent if accompanied by a statement. by that person designating the agent and agreeing to furnish upon request, supplemental information in support of the application. If the activity includes the discharge of dredged or fill material in navigable waters or the transportation of dredged material for the purpose.of dumping it in ocean waters, the application must be accompanied by a fee of $100 for quantities exceeding 2500 cubic yards and $10 for quantities of 2500 cubic yards or less. Federal, State and local governments are excluded from this requirement. PERMIT NO. IIZ—.414 DREDGING APPLICATION Project Location: End of A Street Cubic Yards to be Dredged:- 278 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Haul to sea and dump at Latitude 33'31'42"N, Longitude 117'54'48"W Method of Material Disposition: Barge to sea Turbidity Control Method: Material to be contained in Dump Barge___ at dredge site. Effect of dredging on bontiguous bulkheading and beaches None it Wm- L. Harris hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the'affected zone. Ba�boa Angling Club Shellmaker, Inc. (Applicant -type name) (Contra-ctor-type name) -- July 8, 1976 (Date) Signed:_ c L Contractor's Representative C/ r K U, —26- 70 F3 a-! �:c"a. /A — jE ND 6-� -7 76 COA17AtAC-r.OA 1�1_ L Am A, t - I . L 41, ss !WK k C, IA �*,c S lop VIA C I XJ I T Y,: SKE C H hwaii Jarrr Nx�PoRr Li,^Y, CAL waaNi^ So un d'O) d7 5 or* 4FAR---CSS9Pd 144r� 040' a'FIO 7 -- below ILIcar7 4orver ZOW Qj_e eSY0,61f5hrCK yi_.,) _5eCiO,? OOreVtT&_ An 45 a 7- F3 a-! �:c"a. /A — jE ND 6-� -7 76 COA17AtAC-r.OA CITY OF NEWPORT BEACH HARBOR PEMMIT PERMISSION I' RF-REay MAINTAIN THE rACIUTY TO CO."ZSTRUCT AND AT THE SITC T' "VIEDF, THE HARBOR "m of ANY C(,t4 0 R �:V; AiN;, IS NOT ME THE r-� "'t3lt AND Tj-.,tS I:r E �I-r MAY L A. E"Lv �)KR*l Gy T P E c IN ACCORDANCE WITH -I IT%. "Ti 7 ' T'i' :' 'VjUH.--CWM Cl HAR13 Coo COO INA—TOORI ON —N—M-4 �DATE�� SPECIAL CONDITIONS. Corps of Engiereers Permit lo - S---7 Orange County Permit Other. MARINE DEPARTMENT April 12, 1976 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: DREDGING - BALBOA ANGLING CLUB Background ITEM NO.: F-7 The City Council, on March 22, 1976, referred the attached letter (Exhibit #1).from the Balboa Angling Club to the Marine Department for study and report back. The Balboa Angling Club, by their letter, describe a need for main- tenance dredging beneath their slip facility located at "A" Street on the peninsula. The letter requests that the City participate financially or physically in the removal of 200 cubic yards of material at a cost of approximately $1,000. The reason for requesting City assistance is that the club provides public services for the citizens of Newport Beach. In addition, the Club's limited budget based upon a small dues paying membership does not have the necessary funds for undertaking the project, and completing previously scheduled capital improvements. Lease The primary objectives of the Angling Club are to promote the conser- vation of fish in.local waters, compile and distribute scientific data relating to sport fishing, promote salt water rod and reel fishing as a sport and to promote sportsmanship among its members and sports fishermen in general. In addition to these objectives, the Angling Club provides the following public services: 1. Annual fishing trips for under privileged children. 2. junior fishing tournaments. 3. Official public weigh station. 4. Statistical information and fish tagging in cooperation with State and Federal agencies. PAGE TWO DREDGING - BALBOA ANGLING CLUB 5. Statistics, information, and specimens available for college and student research. 6. Financial aid to conservation projects such as coastal kelp restoration and species control programs. 7. Fishing and boating information. 8. Daily manned ship -to -shore radio communications.. 9. The building and facilities are available and have been used by civic groups such as the Power Squadron and Balboa Point Asso- ciation. The facilities maintained by the Balboa Angling Club over City pro- perty are conducive to the public boating services described. During 1974, the City Council extended a lease with the Balboa Angling Club for an additional 25 years. A summary of the lease (attached as Exhibit #2) describes the terms and conditions of the lease and prior history. Under Section II "Lease Provisions" there is a sub -section reference Maintenance and Reeairs which states that the lessee is to keep the pier and building in good condition and repair. The lease is silent with respect to maintenance dredging. The Marine Department staff has discussed the various provisions of the lease with the City Attorney. The City Attorney's opinion is that the lease neither obligates nor prohibits the City from partici- pating in maintenance dredging. Discussion With regards to precedents, the staff is unable to find an analogous situation. In the last five years, when the City has participated with the County in maintenance dredging, the dredging has been confined to channels in both West Newport and the Grand Canal. The dredging done in these locations has been limited to the center navigational zone (bayward of the pierhead lines). The material dredged has been deposited on city beaches and against City bulkheads contiguous to the project. In the 1975-76 Fiscal Budget, there are no specific accounts set aside for City participation in maintenance dredging project requests. The staff has checked with the Finance Department and there appears to be sufficient funds in the Non -departmental Section of the Budget under Object 16 Services, Professional, Technical, etc. to handle the requested dredging cost, if Council so desires. PAGE THREE DREDGING - BALBOA ANGLING CLUB Action If desired, airect the for the Balboa Angling maintenance dredging or with the Balboa Angling D. Harshbarger Acting Director Marine Department DH: lf Attachment staff to process a maintenance dredging permit Club with 1).&'Ity funding for the requested 2) participate on a 50% share funding basis Club for the dredging. BALBOA ANGUNG CLUB BALBOA, CALIFORNIA "A" Street Balboa, California 92661 Newport Beach City Council 3300 Newport Blvd. Newport Beach, Calif. 92663 Gentlemen: MEMBER - INTEMATIONAL GAME FISH ASSOCIATION INTERNATIONAL LIGHT TACKLE TOURNAMENT A ' SSN. Phone 673-3520 March 117 1976 In February, 1974, the City Council graciously agreed to extend our Lease (exi.sting since 1947) for an additional 25 -year period.. This extension was granted in part upon the club's need to expend substantial sums in capital improvement to the property, and in part, upon the fact that the Balboa Angling Club provides valuable public services to the City and its inhabitants, all as shown in documents attached to the Application for Lease Extenslon on file with the City. The Balboa Angling Club is a non-profit corporation that operates entirely within a limited budget based upon small annual membership dues. Many of thE�.- expenditures of the club funds are directly related to providing public services to non-members. We have recently discovered that the bay, including the main channel as well as the area under our public docks, is silting in to the point wliere our facility is not usable during low -tide conditions., Members of the public will not safely be able to use the docking and public service facilities that we provide during periods,of*low water unless the main channel and sloping banks under our floats are dredged. We have determined that it will require the removal of approximately two barge loads of material at a cost of This extra - 1 $1,000.00, including all applicable permits. ordinary expense was not anticipated or planned for in our 1976 budget and we have no funds with which to accomplish this task. 'or, �-:v Directod page 2 Newport City Council Since the Club's function is to provide substantial public services for the City of Newport Beach, the Board of Directors seeks the help of the City Council in physically or financially assisting us in providing for the dredging prior to the start of the fishing season. The Standard Oil dock immediately to the west of our Club's facility plans to dredge its dock area in the immediate future, and if we can take advantage of the dredging companyts presence at the location, they will do this dredging for us at the price mentioned above. Will the City Council help us in this project? Respectfully submittedy BALBOA ANGLING CLUB e-, z William R. Woodard President WRW: h s � OJ- L Mr. Charles R. Howard Balboa Angling Club "A" Street Balboa. Wifornia Subject: Harbor Permit 112-814 Dear Mr. Havard: July I o 1969 Enclosed you will find your pemit to move the finger dock at the Balb . oa. Angling Club to the east property limits. I ma also enclosing a copy of Harbor Permit Policies. I would like to call )our attentim specifically to Paragraph 21 of the Harbor Permit Policies which prohibits Yworing boats in such a fashion thatthey will project beyond the'extensim of the property lines. Ihis particulat provisim precludes your club.ftm allowing boats to dock an the east side of the finger. �m u % % 8AIMIA VICIN17Y SKETCH PJ9,WPQM'r BAY, CAL.&FOAN1.4 e4p,OY'As Wo 1�0' A7 'jAt' NI .11�- 4? /PLA Cri"Y OF NEWPORT BEACH "V9 � I '. PF'72�1!1�1-�ICIN "'S .0 I'D ANU AT T�r..r� -:n TIHE A ANY SFI!%�'�,�,A- A N D T" L' j U4 ACC-0�-';"A*. ODE. T -0 R 0 N 0 r-EIRRAIT 1,">,,U5D SUbjpCf j-6 DP,-r:DCr--- MATERIAL BEING HAU LED T,,-) SEA_ P= ,.,ED ON SEACH 70,oP7 . . . . . . ....... Z�/ k, �V, ,v', "RU,awf"INORT SMACF! OF "'T RU� .3 i �s 4, ACC 77 44' DAT I E .................................. F -i—: �A'l t, i q---- T n -ITY OF NEWPORT BLE-AC- 7� Y.7,7PORT FUEL SERVICE, INC. 50�'Edgwater Ave Balboa �al-ers adjacent to Lots 4,5,6 Bl. 3 Balboa Bayside Tr. Zone C-1 & "U" D Ap?1licant" requests permission to 'rave a live bait -.aceiver tank dispenser. Apnroved, subject to the conditions specified in scc-tions 10154, 10163, 10164 and 10167 of Article IX of the Newport Beach Municipal Code and subject to the —rther condition that dead f-ish be disposed of daily. --102'7 -TAGEARS, Glenn 209 Palm, Neu -port Beach T -,-S 5-6-7 Block 5 Balboa Tract Zone C-1 7- -WED A-plicant requests permission to have on sale alcoholic -a-�,-ero-'es 4n connect -on with a �estaurant. A?proved for a period of two years. ='TINFNTAL PACIFIC INC. 7301 - l9th St., Npt.Bch. --�'L Lot 1201 Newport Mesa Tract Zone M -1-A I Anplicant requests permission to construct and operate a 1-00 Plus bed convalescent hosnital. NELSON, Jack 406 South Bay Front. B.I. -ot 6. Bl. 7 Section 1 Balboa island Zone C-1 & A-7 7- 7: '-J77--.D Applicant requests permission to sell live bait from I I- .. ,a--7?,- receiver. A??roved, subject to the conditions specified in Sections 10154, 10163, 10164 and 10167 of Article IX 1-ne Newport Beach Municipal Co,�s and subject to the i ,'--,-t'-ier cone.ition that dead fish be disposed of daily. ':�A.T SEP -,VICE 1NC. 814 E. Bay Avenue, Balboa 7 & U11 5. 6, 7 Block H Bay Fro.nt Sect� - on Zone C n 7 Ap-,)Iicant rec-,--ests Dermission�to sell ---'ve bait from I -eceiver. Approved, subject to the conditions snecif-ied in Sections 10154, 3-0163; 10164 and 10167 of Article IX i or- the Newport Beach Municipal Cor�e and s--,Dject to the i f - sh 1-e dsposed of daily 1 conditions that dead plans be submitted for the P,-.�proval of the qC, COMMSS !ION E -RS 0 rg 0 Motion Second All Ayes x Motion 1x! 1 1 X, Second All Ayes T Motion 1XI second Ayes !XIX�X�Y- �X X;x Noes Motion x Second ixi All "J-- LjF-1020' 1. NZWPORT FUEL SERVICE 71�0. 503 Edgewater Avenue, Balboa 2. Waters adjacent to Lot 4-5-6 Bl. 3 Balboa Bayside Tract Zone C-1 3. Published'March 20., 1964 Posted March 23, 1964 Applicant requests permission to have a live bait receiver tank dispenser. Action: Close hearing and, if in order, approve or deny. PUBLIC HEARING UP -1027 1. JAGEARS, Glenn 209 Palm, Newport Beach 2. Lots 5-6-7 -Block 5 Balboa Tract Zone C-1 3. Published March 20, 1964 Posted March 23, 1964 4. Applicant requests permission to have on sale alcoholic beveragas in connection with a restaurant. Action: Close hearing and, if in order, approve or deny. PUBLIC HEARING' UP -31.028 1. CONTINENTAL PACIFIC INC. 7301 - 19th Street, Newport Beach 2. Por. of Lot 1201 Newport Mesa Tract Zone M -1-A 3. Published March 20, 1964 Posted March 23, 1964 4. Applicant requests permission to construct and operate a 100 plus bed convalescent hospital. Action: Close hearing arid, if in order, approve or deny. PUBLIC HEARING UP -1029 I NELSON, Jack 406 South Bay Front, Balboa 2. Lot 4 Block 7 Section I Balboa Island Zone C-1 & %lull 3. Published March 20, 1964 Posted March 23, 1964 4. Applicant requests permission to sell live bait from bait receiver. Action: Close hearinl- a -Lid, if in order, approve or deny. PUBLIC HEARING 2-6p -.'/-'-P-1030 le BOAT SERVICE INC. 814 E. Bay Avenue, Balboa 2. Lots 5, 6, 7 Block H Bay Front Section zone C-1 '(2 3. Published March 23, 1964. Posted March 23, 1964 4. Applicant requests permission to sell live bait from bait receiver. Action: Close hearing and, if in order, approve or deny UP -1031 1 - De RUFF, Robert 546 So. Bay Front, Balboa 2. Lot 5 Block 15 Section 1 Balboa Island Tract Zone a-2 3, Applicant raq(ia6ts to -cciaka structural 1-o duple..�t, whi(�h has i).1mxcon1'u1.%iLi.o,,: �ef_backsl V iioat. )-a.i.d instead of required 9', zero rear yard setback instead of required 5', and 2' side yard setbacks instead of required 3'. Action: Approve or deny. CITY OF NEWPORT REACH, HARBOR PERMIT SPECIAL CONDIT10#4S: PERMISSION IS HEREBY GRANTED TO CONSTRUCT Corp3 of Engineers Permit lo - AND MAINTAIN THE FACILITY SHCVVN ON THE REVERSE HEREOF, AT THE SITE INDICATED, Orange County Permit SUCL�"ECT TO T.I-i,'--- PP'0'V-.'Sl()NS OF THE HARSon PERMIT or Other: r4r. ,?�po ANY SPECIAL Cori,-,n,io FT REACH AND THM�, FER&III IS NOT TRANSCFt�RARLF- TH C T C,0 ANZ ZZ NT G c.vEt COV-H--�L. ll>�':��'fklx'?T APE A14D TWfS PEirPAIT MAY r,�Z- RE1.10'KED Ry T?J51,E ci-vlv �touNc;". IN ACCORDANCE WITH TITL 17 0 THE hlUr*'jctpA' CODE. R '4� PERMIT NO. CITAY OF NENPORT BEACH CALIFORNIA PERMIT 814 Post Bay Ave.,, Balboa$ CP11fornis 2- No.- R-8 MP2 19.,U- In compliance with your written request of April 11 1, 191LI and subject to an termes conditions and restrictions written below or printed as generelp.or special provisions on arq part of this form,, PEWSSION IS HMMY GRANTED TO Install Bait Receiver and maintain and operate Late 5a 6 and 7, Block Ht Bay Front Section to Balboa Treat in accordance with the plans shown on the drawing attached hereto,, entitled "Framing Detail for Live Bait Receiver# SUBJECT TO THE FOLLOWING CO=TIONSs General Provisions* l" Accq2tgaee of Provisiones It is understood and agreed by the Permittes that-th—e doing of any work under this per-irdt shall constitute an acceptance of the provisions. 2. Permit from Other Meneissa The party or parties to whom this permit is issued shall,, whenever the same is required by law, secure the written order or consent to arq work hereunder from the lVar Department of the United States or wW other public body having jurisdiatior4 and this permit shall be suspended in operation unless and until such order or consent is obtained* 3. Transferring Permits This permit is not transferable without -I- the written consent of the City Council of the MY Of VWPUt BOROhl 4. Inspections The work shall be ei*jeet to the supervision and approval of the City RVInearo 5, I-iabd for DlMqM* The Peridttee is responsible for all liability for personal Injur7 or property damage which may occur through work herein permitted, and in the event saW claim is made against the City of Neoport Bewh or any departments, officer or anployee thereof,, throughp by reason of, or In connection with such wo*,, Permittee shall defend, indamU'y smd hold thev4 " each of Uuq% harm3 ess from such claim. LM BAIT RSMEVOS I* The City of Nmport Beach sh&U never be held liable or obligated for any injury or damage resultirg to either persons or pro - party through the erection,, use or possession of live bait receivers. 2o The right given for the erection and maintenance of a live bait receiver is permissive only and the Permittee shall. upon revocation hereof* remove said live bait receiver and appurtenances thereto, within thirty (30) days after date of mailing written notice of the revocation of this peradt$ which notice may be mailed to the last known address of the Permittes. 3. The City of Newport Beach reserves full right,, power and authority to revoke this permit and in the event the Permittee fails -*Vo remove said live bait receiver within the time specified# then the City Engineer shall have the right to remove same at the cost and expense of the Permittee., 4% Live bait receivers shall be constructed in accordance with Standard Specifications for Live Bait Receiveres adapted by the City Council* . 5. The Permittee shall keep the live bait receiver in good repair at all time, Failure to repair live bait receiver, when weitten notice has been given by the City Engineer., shall be cause for revocation of the permit and removal of the live bait receiver& 6* The live bait receiver to be constructed herein, shaJ2. inot be sold# leased, sublet or transferreds without the prior written coment of the City., -2- Approved by by the City Omwil of the City 4 N4Vort at a mostim hold on tho 28th day of April jo 19 L2 0 ftesipt, of a copy of tho witbin and foregoing perat is hereby acknowledgedl wid in considemtion of the issuance of the Samos we hereby aar-opt all term3, nditions and covenants* Datod and signed this day of 1q.. Rattee Mame APPiACATION FOR PERAIT N----------------- Applicant will not fill Date ----------- Q ..... W J. 1:� ----- k-------------------------- CITY OF NEWPORT BEACH, CALIFORNIA Gentlemen: Application is hereby made for permiision to --------------------------------- Nt'�� WA..t_� ----------- -- -- ---- ---------- ------------------------------------------------------ -(Applicant will describe here fully what he wishes to do and purpose of improvement) .......................................................................................................................................................................................................................................................................... ------------------------------------------- ----------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------- ------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------ it ------------ ---- --- ------------------------------------------ Location: ------------ ------- C_ ----- --- f: re- ID (31. k --------------------- -------------------- 7 (Applicant w accurately the location of the work he wiszes to o) ---------------------------------------------- --------------------------------- -------------------------------------------------- ----------------------- -7 --- --- - 0 ---- T10 ----- ____ ____15�x: ---- 4- �C� -------------------------------------------------------------------------------------------- Applicantis Own ' er Lot --- ----------------------------- Block --------------------------------- tract ----------------------------------------------------- W -------------------------------- The undersigned agrees to do the work in accordance with the rules, regulations and specifications and subject to the inspection and approval of the City of Newport Beach. CITY CL1'7R!.'-'S RCCeINTed 20c--,,�Z ------------------------ ---- - - ------ --- ----------------------------------------- -------- ..................... .......... ISign;atu of Applicant Preselited to ounci 'o C T SE �VICE INC ............ . E BA' --AVE ----------------------------------- ............ ...................... Applica-trion shall be in up ica Plans in quadruplicate shall accompany all applications. BALBOA,. CALIF. ------------------------------ ------------------------------------------------------------ Address ApplicationFiled ---------------------------------------------- ----------------------------- Referredto -------------------------------------------------------------------------------------- PermitIssued ------------------------------------------------------------------------ --------- NB.702.1 M 7-51 _J ti r . UAf COMOrri a 'Pascs T'/'i' /A AX. t 0? 39 0 $ot.T'a SHow" At34UE - 318 Rot.rs -@ 24"o.L. 7) --- SrAc,��tz SpE.csn�c-� �- SECT tom Tittzu- I%4 SLaj4 'Z%4" Qoruert Po-,rs I 'P L, JIM okT5 Stu. N I EW V -1-14 11 t - � co, AGREEMENT OF L'-IASE 23 24 25 26 27 28 29 30 31 32 'AVV Flr',C:r,. OF 1`10LA�,Ir) "rHOMPSON 200 SPURGEON BLDG. BANTA ANA, CALIF. ,I /�) I no industries immediately adjaininZ said lan,""s to be leased; and -o L, L, WHEREASY it is the resent in�entlon that the tide I-, -he:-reon, owned by said "'Jity, shall never lands and lands a:buttin�-,- t be used for industrial -ou.--,00ses, and shall be ke-pt foi� park, ism 2 3 4 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 208 SPURGEON BLOG. SANTA ANA. CALIF. ./ �,i El � .1 0 i recreational, residential and educational purposes; and 1,11HEREAS, it is the Judgment of the City Council of LD the City of Newport Beach that the leasin;) of -said -lands to the Angling Club upon the conditions in this agreement specified, i's not inconsistent with the trust imposed upon such portion of �he.lands hereinafter described, which may const . itute tide lands by the Constitution of the State of California; and 6YHEREAS, p rt - o -Lon of the lands hereinafter described constitute ti"de lands and watel- frontage, and a portion thereof consuitute uplands a�utting thereon and WHEREAS in the Judgment of the City Council C the o'L City -of, �ewport'Beach said.uplands cannot be used without said t I d e iands'.�' nor can said tide lands be used without the uplands abu tting-thereon, and itis further the judgment of said City Council.,thla,t ,.the, leasing o -.17 the whol e o' said 1 1 ands hereinafter describedVas one parcei, iis necessary for the pro-oer development .and use' 6 f said lan d s water frontage an d tidelands for re- creaulonal, residential and educational.purposes, and it is fur- ther the"Judm,,ent'of saia-city Council that the leasing of said lands.for said purposes . s nec . essary for the proper aevelo I pment of Newport Harbor and the -Cit Y of N evrp or t Beach; am d WHEREAS, it ten -ion of the Angling Club is the inLI IJ to erect and construct a building on the lands hereinafter describea,17hich said building and lands surroundinS the same will be.used for educational, civic and recreational purposes and i 11 be generally offered to the public for recreational - civic and educational purposes; NOV[) THEREFORE) THIS AGREE1.,TENT FURTHM, j'I TN E 1 6 S E, T H That the City, for and in considerLtion of the rents herein re- served, and the covenants ana aT,,reements herein contained, on the 0 -oart of the Anl1n_;. Club to be ke-ot and -.oerformed, has demised and CD leased, and does by these -oresentis demise and lease unto the -2- 1 2 3 25 26 27 28 JX1 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 208 SPURGFON BLDG. SANTA ANA. CALIF. 0 AML Angling Club, that certain real property situate in the City of Newport Beach, County of Orange, State of California, and more Particularly described as follows, towit; All that land within the northerly pro longation of A Street, as shown wpon a ma -p of Balboa Tract, recorded in 'Map Book 4, page 11, records of Orange County, California, and lying bet,,,,reen the northerly line of Bay Avenue, as shown unon said, map and the pierhead line as e -ablished by United States Government En.finears. s U -oose o� usino, said lands PURPOSE: For the sole pur- .for recreational, eaucatio,nalana civic purposes. TERMf To have and to hold the same with the app u r - tenances unto said I Angling.'Club, for,ana auring:the term of tien (io), years, commencing as of the first day of 1.Tay 1947, and endi ng as 'of the 30th day of April, 1957.� CONSIDERATION: The Angling� Club, in consideration '-of said -oremises to it -by said City, hereby spe- of_.� e leas cificallyL covenants,,,and-agrees t o,. erect and construct a- pier ,on .11i a, demi s ea Lpremises in accordance with the regulations o f the. Cit' y 0 Newport,Beach, and .to er e ct on said pi er an auditor- ium or building substantially in accordance with the plans an(! specifications on file with the City Clerk of the City of Newport Beach,iwhich plans and specifications are Dy reference thereto - made a part hereof., and to complete said pier and buiiaing to be erected thereon within one (1) year from date hereof FURTHER CONSIDEPRATION: And the said An -11 n-- Club CD I -D further covenants and agrees with the City of New -port Beach that it will keep said pier ana buildinl- so to be erected and con - ID structed in good condit-ion and re -pair durin- the terra of this lease, and that said building and oicr will be, by said An-lin- �D_ CD Club, insured to the maxi-Inum, ariount- perimitted bg a re-outable insurance company under a coraDrehensive policy in favor of the City of li`ew-o or t- Beach, v-.,hic_h_ 1'orm of policy s1iall be first -3- 2 3 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 208 SPURGEON BLDG. SANTA ANA. CALIF. approved by the City Attorney of said City and ke-ot by said City In its records ana files. Fv U _L 1.1 UR"HER CONSIDERATION: The Angling Club agrees and covenants that said buildin!D- to be erected and constructed on CD the real property mentioned may be used fo r all civic, education- al and recreational,pur-poses, and under such rentals, rules and regulations as shall meet'with the approval of the City. TAXES AND ASSESS' 1HENT S: As a further consideration f or. the 1 e a s I n g af o e s ai d) �.-Uhe Angling Club covenants an d ao-rees D to and with the City that iu.1,vill . pay, in additi on to the con- ,siaera:tions-above specified; all public im-orovement assessments .17hich may'become due from time to time upon said de scribed prop- .(�rty, -and in'.this connection said party of the second part the Angling Club, agrees .'to and d oes hereby assume an d agree t o pay .,,.,as ,due V al 1 __._unp ai d assessments noi,�T against said property of every b. nat'ure'' description 6r:kind.' The party of the second part the Angling',Club."further agrees to pay,all water rates, meter harges alp. d other, charges levied.'assessed or -con -ii sed imposed u said der. -oremises or any part.thereof' The An ling Club furthercovenants aia d agrees t o p ay 9 U taxes,.city, county and state, levied or assessed against any I m�,or ov em ent s i,,ih i c h may be -al a c e d in or up o n s ai cl described pre- mises as i,,iell as all taxes which may be levied on the leasehola interest of said 111,.ngling Club hereunder 'the Angling and further CD Club agrees and covenants to pay all the ab o v e - n ar-1 e d c harges before -the same shall.becon;e delinquent. The Anzlin,-, Club further covenants and agrees that in the event any buildings or other structures are placed on said land, that it will notify the City prom-ptly of its in-'Llention to erect or construct buildin-s or other improvements on said de- scribed --oremises,, and the nature thereof', and the a-o-)roy�ImElte Costs thereof, and the City reserves the r! -ht to post and 'heep 6 - U -A- 4 5 6 9 .2 10 14 5 16 .19 d 21 .22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 208 SPURGEON BLDG. SANTA ANA. CALIF. approved by the City Attorney of said City and ke-ot by said City In its records ana files. Fv U _L 1.1 UR"HER CONSIDERATION: The Angling Club agrees and covenants that said buildin!D- to be erected and constructed on CD the real property mentioned may be used fo r all civic, education- al and recreational,pur-poses, and under such rentals, rules and regulations as shall meet'with the approval of the City. TAXES AND ASSESS' 1HENT S: As a further consideration f or. the 1 e a s I n g af o e s ai d) �.-Uhe Angling Club covenants an d ao-rees D to and with the City that iu.1,vill . pay, in additi on to the con- ,siaera:tions-above specified; all public im-orovement assessments .17hich may'become due from time to time upon said de scribed prop- .(�rty, -and in'.this connection said party of the second part the Angling Club, agrees .'to and d oes hereby assume an d agree t o pay .,,.,as ,due V al 1 __._unp ai d assessments noi,�T against said property of every b. nat'ure'' description 6r:kind.' The party of the second part the Angling',Club."further agrees to pay,all water rates, meter harges alp. d other, charges levied.'assessed or -con -ii sed imposed u said der. -oremises or any part.thereof' The An ling Club furthercovenants aia d agrees t o p ay 9 U taxes,.city, county and state, levied or assessed against any I m�,or ov em ent s i,,ih i c h may be -al a c e d in or up o n s ai cl described pre- mises as i,,iell as all taxes which may be levied on the leasehola interest of said 111,.ngling Club hereunder 'the Angling and further CD Club agrees and covenants to pay all the ab o v e - n ar-1 e d c harges before -the same shall.becon;e delinquent. The Anzlin,-, Club further covenants and agrees that in the event any buildings or other structures are placed on said land, that it will notify the City prom-ptly of its in-'Llention to erect or construct buildin-s or other improvements on said de- scribed --oremises,, and the nature thereof', and the a-o-)roy�ImElte Costs thereof, and the City reserves the r! -ht to post and 'heep 6 - U -A- 71 f posted on said -oremises, notices of non -responsibility for labor, 26 27 28 29 30 31 32 LAW OFFICIES OF ,to LAND THOMPSON 208 SPURGFON BLDG. SANTA ANA. CALIF. and premises and all ir:orovements which may from tine to ti i m. e be -olaced thereon, under-ana by'virtue of this lease. LIQUIDATED DAI"AGES: The An -lin- Club further covenan'ts LD and agrees thatlit i-vill, u-pon the termination of this lease by forfeiture or la-ose of time, yield up imimediate -possession of said U - r-_ - 2 3 4 71 f posted on said -oremises, notices of non -responsibility for labor, 26 27 28 29 30 31 32 LAW OFFICIES OF ,to LAND THOMPSON 208 SPURGFON BLDG. SANTA ANA. CALIF. and premises and all ir:orovements which may from tine to ti i m. e be -olaced thereon, under-ana by'virtue of this lease. LIQUIDATED DAI"AGES: The An -lin- Club further covenan'ts LD and agrees thatlit i-vill, u-pon the termination of this lease by forfeiture or la-ose of time, yield up imimediate -possession of said U - r-_ - 1 demised -Dremises, together with all the improvements thereon, to 2 said City, or to 'pay, upon failing so to do, as liquidated. da,,rila�2-'es 3 the sum of for the whole time such possession is withheld,_- '�300.00 4 per month, but the provisions of this clause shall not be held as 5 a waiver by said City of any ri.-ht of re-entry as hereinafter 6 set forth.,nor shall the receipt of said- rent or any pert thereof or any othm7 act in aoparent affirmance of the tenancy, operate 8 as a waiver of the right to forfeit this lease, -and the term hereby granted for the -perioa still unexpired, for any breach 10 Of the covenants herein. NOTICE: In the event said Angling Club shall default .12 n Inany of the terms, conditions or covena ts hereof, and s aid 1 3 ae ault sh., all continu.,e for siXty (60) days after notice thereof i n 'to writing the��Angling Club, then and in either or any of such t 3 even J_ t -shall be 1 awPul for -di e Cit y �at its election, to a 1 16 declare-'s'aid term ended,. and with or without procees. o f 1 aw, to -i'l i ng Club, and eve ter, -arid- the s'aia Ang re-cri ry other T) er son in 18 . j or.upon said premises, or any part. thereof, to ex pel, remove and using such force as may be necessa. lout out -ry in so doing, ana 20 to �re -oossess and enjoy sai a premises ivi t hout -orejudice to any 21� rights or remedies whether by statute or. common 1 eyi t which m ig h be,used for breach of any term, covenant or stipulation of this .23 lease, 'In this connection the'Angling Club waives any compensa 24 tion -:or the forfeiture of saiCL term or the iDossession of said 25 demised -oremises by the City, in the event of the forfeiture of 26 this lease for any of the causes aforesaid, and- hereby waives any 27 demand for the -oossession of the premises in the event of the for - 28 feiture of this lease, and a-rees that any notice that the City 29 M8. desire or is required at any time to give or serve upon the y 30 Angling Club, with reference to the fore;27oin- covenants, or any LD 31 other one in this lease, may be sent by registered mail, postaa;e 32 prepaid, to the Balboa Angling Club, at such addr ess as shall OFVrJCr,3 OF ,LAW R LAND THOMPSON 208 SPURGEON BLDG. SANTA ANA. CALIF. 27 28 29 30 31 32 LA'11 OFFICES OF "OLAND THOMPSON 208 SPURGFON BLDG. SANTA ANA. CALIF, have been last furnished in writin- by the Anglin- Club, to the City, or may be left at such address in tlie care of an employee of the Angling Club, or the City may post such notice conspicuous- ly for'ten consecutive days upon the said described premis��S, and the giving.of such notice in either way above described shall con- stitute a good.,,sufficient and lawful notice in all cases where by, terms of this lease a -notice is required to'be given by Baia ".city to the Angling C 1 ub COSTS OF LITIG 2ICN: The Angling Club further covenants to an a with the City that in the event said City sh a-1 1 v7i'hout any f ault on. its. part, be made a party to any litigation commenced bylor.a-gain'st said Angling Club, that the Angling Club will pay all costs and reasonable attorney's-fees,incurred by or imi posed u-,pon s,alid, city or in connection wi th said litigation, and- the An ihg Club- will pay all costs and reasonable attorney's fees 1,14i-ch-Imay be incurred or ai d by the City ,. - I", .''!" " 11 1 p in enforcing the cov- enant s ',of this.lease, and al 1 such costs, and attorney's fees when paid by s ai a City., s'hall be:so much aadi t i on al Pons iderat ion for the grantin-'of this lease., :'C I TY S REIvEDIES: It is further understood and agreed that the various rights and remedie' s,herein contdned and reserved tolthe Cit.y,shlall not be considered as exc . lusive of any other right or,remedy., but the same shall be construed ative, as cumul. ana.shallLbe in aaaition,to every remedy now or hereafter existing at 1 aw, in equity or by statute. No delay or admission of the City -to exe I rcise any right,or power arising from any ommission, or default of the Angling Club, shall impair 'any such right or power, or shall be construed as a waiver of any duch default or any accuiesence therein. No waiver of the breach of any of the L covenants of this lease shall be construed or held to be a waiver of any other bre.-ch or waiver or acquiescence in or consent to any further or succeedin��- b -_--each of the same covenant. .D -7- - 2 3 �'A 1 0 � 0 TERIi-1NATION It is specifically understood 27 28 29 30 31 32 LAW OFFICrS OF ROLAND THOMPSON 208 SPURGEON BLOG. SANTA ANA. CALIF. parties hereto, anyt�iing in this agreement of I -ease to the con- trary notwithstanding, that the City may, in the event that zhe City.,Council of said City shall, at any regular meetin.- thereof determine that said Anglin�5 Club has failed and neglected within the time s-oecified In this lease to rem.eay a default thereof in any particular, and said City Council shall be the sole Judge thereof, and shall terminate and end this lease without any -8- 2 3 4 5 28 29 30 31 32 LAW OFFICES OF RO LAN D THOMPSON 208 SPURGEON SLOG. SANTA ANA. CALIF. b' liability or responsibility insofar as its actJ-on may be concerned in reference to said termination of' said lease under the -crovisior I= 6 7 8 9 10 ".0 13 15 .17 18 19 n4-; 21 j. 22 23 .,24 25 26 27 28 29 30 31 32 LAW OFFICES OF RO LAN D THOMPSON 208 SPURGEON SLOG. SANTA ANA. CALIF. b' liability or responsibility insofar as its actJ-on may be concerned in reference to said termination of' said lease under the -crovisior I=