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Home My WebLink About113-0201BUYERS' N Jr(S) - - I A DRESS OF FACILITY: PERMIT # 'TELEPHONE NO. EE CHECK NO. DATE MAILING DD ESS - APPROVED BY: DATE N is .REh M 70 TRANSFER HARBOR PERMIT ��// - _ OCHD �CA;I .A// - n SEL RS' NA E(S) - B ERS' NAMES) ENG .(.J - _ - (A OV BE TYPED) COUNCIL PUBLIC WORKS IGNATURE OF SELLER S GNATURE OF BUYER DEPT. ❑ ESCROW IGN U LER SIGNATURE OF BUYER INSPECTION I - S OINi OWNER APPLICA (DATE) CITY HARBOR. COORDINATOR SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. - CITY OF NEWPORT BEACH. CALIF. wx Fonts ell. •± BpY.ERS' NAME(S) ADDRESS OF FACILITY: PERMIT # -" NO. - E CHECK NO. DATE -� MAILING D _TELEPHONE I DATE, -'- 'kPP [CATION 1 H RE}i1AD.E-70 iRANSFERHARBOR PERMIT - :APPROVED BY: ... - OCHD� ❑ - SEL RS' El ) .- T_ - A B €RS' INAME(S) T BE TYPED) ENG _(ABOV COUNCIL ❑. '. l HATUR SELLER SI NATURE OF BUYER PUBLIC WORKS 'DEPT._,.:,SIGNATURE - r' Ol'i BUYERib ^ESCROW 47 INSPECTION ' fDIPF'[ ;CW ER � `1 > of OIZY'HARBOR COORDINATOR" "$ ACCORDANICE. WITH -TITLE 17" > CONDITIONS: -THIS PERMIT IS REVOCABLE SY'THE CITY GOUNCILvIN SPECIAL OF THE MUNICIPAL CODE. - - - /- - - - CITY OF NEWPORT BEACH, CALIF: Wx FORM 06-1013 REV. "BU,yERS' NAME(S),- - ADDRESS OF FACILITY: PERMIT#- (D- :•'�y�.�ti `�- , - MAILING.,. :. TELEPHONE NO. F 4 FEE CHECK NO. DATE - ".I APPROVED BY. DATE APPLICATION IS HEREBY MADE TO TRANSFER_ HARBOR PERMIT " OCHD _- :ENG - y B ERS+AME(S) SEL RS NAME(S) "'"'. - (ABOV A T BE TYPED) ,COUNCIL .UBLIC jIIORK$ NA7Uk $ELl ER SIGNATURE OF BUYER g 4 d NATURE OF $FtiLLFRre SIGNATURE :OF BUYER i iYNSPECTION'`..� BUYERS NAMES) � _ ADDRESS OF FACILITY: , PERMIT # ti ' � - TELEPHONE NO FEE CHECK N0. DATE i I I ,MAILING-�ADDRESB. IS HEREBY MADE•TO 1 T ZA(NSF.ER HARBOR PERMIT _ iAPPROYEDBY. - DATE APPLICATION HD BU ER SEL RS-NAME(S) -,:` ,,; 1 ENG (ABOY IAA T , BE' TYPED) n ryJUNCIL C0 SIGNATURE ATUit SECLRr ;. OF lam, T SEW PO,Q� ° CITY OF NEWPORT BEACH U 1r P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 cq�— R er 6, 1997 Mariners Escrow Corporation 190 Newport Center Drive Newport Beach, Ca. 92658 Re: Harbor Permit 113-0201-2 for 201 East Edgewater Avenue, Newport Beach Escrow # 15138-DM Sirs: The City of Newport Beach Fire and Marine Department has received a request to transfer pier permit 113-0201-2 for the above mentioned property. The facility was inspected on November 5, 1997. We cannot transfer the pier permit until the following deficiency has/have been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: 1. A City -approved anti -syphon device is required at the water connection for the water supply to the pier and float. A sketch showing the approved type of device and its installation is enclosed. This requirement is in accordance with Title 17 of the California Administrative Code. 2. The electrical outlet on the dock must have a cover over the receptacle. The property owner should be aware that in berthing any vessel at the dock, the vessel must be within the side property boundary, and not across the boundary into the City street end, to be in conformance to the Harbor Permit Policies The Newport Beach City Council Harbor Permit Policies state: 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All deficiencies must be corrected prior to transfer of the permit." PLEASE ADVISE THIS DEPARTMENT WHEN THE ABOVE DEFICIENCIES HAVE BEEN CORRECTS ease call 644-3044 to request a re -inspection. Wes Armand Harbor Inspector 3300 Newport Boulevard, Newport Beach TRANSFER OF PIER PERMIT: INSTRUCTIONS Submit application on card provided by the Marine Department. DO NOT REMOVE CARBONS OR ADDITIONAL SHEETS ON CARD SETS. S Complete the following information on the card: A. B. C. D. E. Ft Name of NEW owner (buyer). Address of facility. Mailing address of new owner. Telephone number of new owner. The Marine Department will fill in the permit number and other pertinent information. Please type or print: SELLER'S NAME(S); BUYER'S NAME(S) We must have the SIGNATURE OF SELLER AND SIGNATURE OF BUYER. If the facility is jointly owned, the signature of the joint owner is also required. Note transfer fee of After the card has been completed, returned to the Marine Department, the fee paid and the facility has been inspected and found to have met the City safety requirements, the pier permit will be transferred. Newport Beach Harbor Permit Policies 10.B states: "Whenever a permittee sells the abutting upland property, a request shall be made to the City to transfer the permit. Forms for this purpose may be obtained from the Marine Department. Failure to apply for a transfer within 30 days from the date that the abutting upland property changed ownership will result in an additional fee by the Cityy." Aw %/ " a CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 December 6, 1994 Mariners Escrow Company P.O. Box 8808 Newport Beach, Ca. 92658 Re: Harbor Permit 011-0201-2 for 201 Edgewater, Newport Beach Escrow ##1027DM Dear Sirs: The City of Newport Beach Marine Department has received a request to inspect the property located at 201 Edgewater, The facility was re -inspected on December 5, 1994. 171, We cannot transfer the pier permit until the following deficiency has been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: �( 1. The electrical outlets on the dock must be GFI or twist lock l� receptacles for use in a water environment. Must be replaced. The Newport Beach City Council Harbor Permit Policies state: 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." PLEASE ADVISE THIS DEPARTTY= WHEN THE ABOVE DEFICIENCIES HAVE BEEN CORRECTED. When we have been notified, the structure will aVain be inspected and when the requirements have been met the pier permit will be transferred. Included in requirements for transfer of the pier permit is the signed transfer card. You can telephone 714-644-3044 to request a reinspection of the rst-cture. If you have questions, please call this number. es Armand, Marine Department 3300 Newport Boulevard, Newport Beach 'PLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT jiJ 013 zd 1 Ci r f.eN! 4cow--. -* fflR 11b (wor ru tcal{ ) _ 'Sf� `•sue, ' 3.77'wst.r Woo � i J►�rt� c,&.A �� M rfd r wessss� N V 1 J r � r 4 , 01' ® Q 0 �ese Q i nwwwel +o♦r �+ O TQ o wsf70A 'Ofea �'r tt.OMi D r a cam. p C' •sa Ift VICINITY SKETCH Nxwrowr 64Y, CA19frOMMIA o S isrrr Soand��fgs ape exp►►efssaw sn "erf oO)a/ dinoffe deP��s below osea.7 towirp Low M/ofer. Moriw.u..r resige of 'fia/e oprrox�•.rofe/y /d 03►ev .Nwbor /. yes are esiob//sled A vh;s . aecfie s oFNef'~ll Aor: P-L PO4 ON L 1:1 13 cls � PAReo• � _..3d.=��.i.afw�i+ram —_--- •_ A. 0 ql„r`eft .7�esRuNcsq r,; 1�14i� aAppufdlfr3T •y L/CAA.oTS A44 -�N-ro wovs� �e� BGAr. 7AACr .low /�:OD t'E 55 �l � ZCy Ee ti-.±•�T �:C�- NOV.. CzwnrAc rb c O.o rE i13 7d 1 Cl r Y am- /r/Evpaer dx- 4cH NOT ru �,o v 6Ccl<) V. Af .I IL •s%`� `•i�• dr w te r ot^ o R 7' Q •wLAOA D pi" 1 -O•D� AEU 1,09410 lL.I4p ---- 3,77 1 �� •♦ y. PJ. d WA. , e ai, oR,01e {1L60eLf ~6 rtl jilO?uf e Nf iCG Get�MI OC L I VICINITY SKETCH .r"r /,Frrr Ew„ News+oar BAY CAL trey NA y . jerrr w SOundnys owe �.rpiessed in fae� o�d dino�e dep Oh s below A-feo.v Lower- Low Wov(ee. Moxl.+w..s ron9e of i0OZ.cf. Norbor /.i?e5 are esiobleshed rn 71Ais . seckoq or'Vew~/ Bo,: t i P. L —25-2,-�• &F Lie/a.vrs ,a �N��-r-g W.Or, t2 eer 46 T.eAC7- p —��-rjOFj UATEa- AVM. X.rA loPOA*c 4 NWQ..%/j W-M -hod AOOQESS 7 CeArrrAc rb.c Ogre CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 November 15, 1994 Residential Escrow 120 Newport Center Drive, Suite 160 Newport Beach, Ca. 92660 Re: Harbor Permit 0113-0201-3 for 205 Edgewater, Newport Beach Dear Sirs: Regarding a pier permit transfer for the property located at 205, edgewater, Newport Beach, the structure was inspected and found to conform to City standards. The permit will be transfered to Henry and Laura Arjad. Sincerely, ' Wes Armand Harbor Inspector 3300 Newport Boulevard, Newport Beach TEL NO. R . Ft. t I n9 er Jun 03,52 1:58 P.01 71470©71 94 r.03 INTERS' NAM"11 AD#NEf54FFAGIU1Tj nry,.A1t•,1ad xnxn.r t,,rs �,• 205 Ed ter .,SQL ' MAILING AOOAiii iil.ilripMR r10. FEI CFIRGK Mp� T[ i AfvRaVCOOT; r�1-.,..•. ATi APPIICATIOM IC MC tii MAO[ YO TRAMORK MAR+O J'iRMIT oced LJ e !C R. S BOD Arfhd Ax" Immas? DYMiRi• N NAW lnnJ IABOY! NAM90 T4 aw 1Y090I tOUMGi1 1�---�+�------ it UR CI! iIGH�w! a a�T9F FuSUC; VYn'sxa^ �.�..�_.�,..,., ce"' . epp Hdnry Arjad O[PT. M 0944w - ` Atdi i itl R�r IaRrr�r;aM {�.�_....—,—, 3��•oG�l�i R .�... ii_c_1,_.. © APPLICATION APPROYN mAlsiv IGP[CIAt� riA�IrIpNA Tkt�Y wt11r11T 14 IAl4! d1� TH9 t'iTY OONCIL IN MAC 60fl QANcK W1sN Y�TL6 17 QF THS MIJNICIPA16 GPDL r i G1TV 01F NOWI~OIIY 960a. CALIF. qP +rlt POD+d 49,1910 e.r. 1Yolwy . 1?111ASe haw! '�, ' .�-t{1;y� " ware i.nst{catud Mid itlx hal.l.k tv our of fi . (7�4) f�4Q—1732. T hr.1 va ,rherked with thn HAr'I nr: W v tx i4i11 1)f 01e City 45ch anit t}u+t :cud. they Would at coPt: Thank you fnr yr111r� Iasi atl,111C.et in t1111f I111F.L"r. r r r- rLd�11 ;Ater Itm rc r Off tcer K r, ctonti.al M,NCrOw Corp. CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 January 4, 1994 Thomas E. Hyans c/o The Prudential Newport Realty 3377 Via Lido Newport Beach, CA 92663 Re: Harbor Permit 113-205 for the joint pier and float bayward of 201 and 205 Edgewater Dear Mr. Hyans: Attached for your information is a copy of the Staff Report that went to the Council on December 12, 1988, approving the revision to the Pier Permit and is the existing Pier Permit for the above property. As you can see, there are no specific conditions in the staff report limiting the size of the boat, and therefore the only restrictions would- be those outlined in the Harbor Permit Policies, specifically Sections 15, 20 and 21. (Copies attached) The only other limitation would be the agreement between the property owners, which seems to suggest that they each share 25 feet of the 50 foot floating structure. As an illustration, if; let's say the property owner at 205 had 25 feet of the float itself, based on the above quoted Sections of the Harbor Permit Policies, he could extend from the float over to the property line between the property and the City streetend and that dimension would limit the size of the boat that could be docked on that side of the float. Again, it is going to be a matter of interpreting the agreement between the parties and then taking that information and reviewing it in light of the above quoted Sections of the Policies. I'm sorry I can't be any more definite then that. If you have a specific question regarding this situation, please give me a call at (714) 644-3044. - Sincerely, Tony Melum Deputy Director tmhyane.1tr 3300 Newport Boulevard, Newport Beach STAGY H . DCDBRZENSKY 1221 Broadway, 21st Floor Oakland, CA 94612-1837 (415) 451 3300 V Mr. Tony Melum Marine Department Mr. Steve Luy Public Works Department City of Newport Beach P.O. Box 1768 Newport Beach, CA 92695-1768 Dear Tony and Steve: I thought you might be interested gathered at the 201-205 Edgewater ber 1989 to last December 31st. January 23, 1992 in the enclosed water depth data pier during the period from Novem- I used a 10' pole marked off in feet at the 6 points shown. Inch fig- ures were estimated between the foot intervals. The readings were either taken at zero tide or the data converted to zero tide. The raw data is the third sheet. The "bad place" is #6, the corner of the float nearest the Alvarado Street drain, the latter seeming, along with the current, to be the problem. If either of you should undertake any analysis of these data, I would be interested in the results. Sincerely and with best wishes for the New Year, s�� w • I Z --- ---- ?-L+ —� L o`'v - -- - - ---------- _LI_4 46 (MA, i ,U4Te TI At [ .. — ---- - - / Ilia ia� ( f ff _ 4' !ef --- - - ---- -- --- _y/v 6 r/fr c' - .- _ it 1Z Ifo by�Ild" I /�n I�fG+ ~ �r / r• '�'n �rl Cfr----jam / /�^ /f If to to + i 1 1 111 4 j — I a � O � i ------------ -� If -- -- --- — -1--, lio vh 1— f ; 7( �� 6 G I rf r re ' p • rf r It '1 r rr .2 / o T +pe e1 L 7 �f G y ell i r �la' �°gyp n^ Z+ 6 r� ✓ - - - �,�,� `at�v u,�ir r ---�"�--t- �-�=��------_-f�-._. �----.___.'.- ---- �---f�--------------- �--�-�------------5 � it � 3 r .. I � �• I rr (, rrr f I-Z 31 I I if S Ac1 c 1-3 _ na13FZZENSKY 1221 Broadway, 21st Floor Oakland,CA 94612-1837 (415) 451 3300 November 30,1989 Mr. Tony Melum Marine Department P.O. Box 1768 Newport Beach, CA 92658-8915 Re: Depths, 201-205 Edgewater Pier Dear Tony: Thought you would be interested in the enclosed soundings I made in July, before dredging, and after,in November. I used a 10' rod marked off in feet (inches are estimated, there being no inch markings). Erosion on the beach goes on and it will be interesting to see the effects over the next year. I guess there was some confusion about moving my boat but apparently eveerything worked out. I believe the project ended up to be mutually beneficial, even though we did not necessarily and always agree and things did not always happen when planned or expected. Perhaps my father's expression applies, "a good compromise is one in which each side is egually dissatisfied.!" We thank you for your part and am sure you too are glad it is over! cc: Luy Ettinger Miller Best wishes for the Holidays, r�� J/3 STACY H _ L7(DB1zZENSKY 1221 Broadway, 21st Floor Oakland,CA 94612-1837 (415) 451 3300 August 2, 1989 Mr. Tony Melum Tidelands Administrator The Marine Department P.O. Box 1768 Newport Beach, CA 92658-8915 Dear Mr. Melum: A. With the exception of a couple of cosmetic items, the reconstruction of our pier facility is completed. B. On the basis of a prior meeting on site with Steve Luy, and with you in your office on June 30, the agreements and understandings commencing with my memo of January 19, 1989, were further modified to the following effect: 1. Public Works does not object to dredging in the vicinity of the outfall of the new Alvarado St. storm drain. Steve Luy pointed out that the anchor is 4' deep and that the outfall will perform better if the beach or bottom is below the bottom level of the pipe (the pipe end was half covered when we looked at. it); 2. The Marine Department is obligated to and will shortly undertake to dredge in the vicinity of our new float and to bring the beach to the 1::6 gradient agreed upon. C. If the float area is well dredged, we are agreeable to have you leave the beach, from the seawall to the end of the pier (38'from the seawall),as it is. See the attached plat of beach level measurements I made on 7/14/89. If we use the 1::6 line as a guide for dredging beyond that point, we should be in pretty good shape. (As I told you, the tenant at 201 Edgewater has a sailboat that draws 5 1/2'). Hopefully, any erosion of existing beach out to 38' from the seawall (46' from zero point on the Public Works' survey of June 1988) should not cause a problem, may make the next dredging a little sooner, but when that will be required only time will tell. Hopefully, we will not have a problem. 1. My boat draws about 12" so it will be o.k. up until the tides go below -1', due in November. But my neighbor is unable to use his side for his boat until the dredging is done. See the chart of depths I measured on the new float on the dates indicated. The reference numbers signify: 1=NW corner of float; 2=center,North side; 3=NE corner; 4=SW corner; 5=SE corner of "stub" on S side; 6=SW corner. Note particularly the -8" tide on June 21, 0 tides on 7/7 and 7/18, and 6' tide on 7/15. 2. With reference to the removal of construction debris from the beach: When I had the backhoe operator dig out around the west end of the new float, I also had him level the beach. In the process, I had him pile the broken paving in two places, just west of the end of Alvarado St., and at the end of Alvarado Place. When the City contractor's forces came they removed what I had placed as indicated and a little more (including the concrete anchor from the former "End of Storm Drain" sign replaced when the City rebuilt the street end a year or so ago). Later (on two occasions) City personnel removed some of the debris --the young workers were not terribly enthusiastic, although on the second visit, under direct supervision, they got up a fair amount. My wife and I and members of our family, and some neighbors, probably removed more than anyone (with the help of the City trash removal crews servicing the waste cans at street ends). I would like to know when you plan to get the dredging done. All in all, I do believe that an equitable arrangement was worked out and do appreciate your patience and understanding and the spirit of helpfullness and courtesy that marked your part of our discussions and negotiations that began in January of 1988. Sincerely, cc: Steve Luy Public Works Stacy H. Dobrzensky Richrd Ettinger . | -_- -- --- ---''--'--�'--�-'-'---�----7--------------�------------------------------ ' ' / � '- -----------'- --�--7'-----r'- -- ' ~ ` opt ---------- ----------- ----_---_ -_-_ � � � | � STAGY H _ na13nZENSKY 1221 Broadway, 21st Floor Oakland,CA 94612-1837 (415) 451 3300 June 8, 1989 Mr. Tony Melum Marine Department P.O. Box 1768 Newport Beach, CA 92658-8915 Dear Tony: I find the expensive, difficult and tortuous experience we have had, and the present situation, most distressing and very disappointing. Enough so to prepare the more detailed statement of the situation enclosed. Because of the delays occasioned by your difficulties with your Corps permit, we anticipate damage to our float,loss of use of the new facility during our summer stay in Balboa and added expense. I take exception to your refusal to permit the rotation of the float, which would extend one corner out but 7' (see the attached drawing), pulling the other back the same, for a net "obstruction" of a trapezoid of 98 sq.ft. Relative to the factors. Relative to other factors, detailed in recent letters to you, and the enclosed, the net impact on Channel navigation is minimal. This view is reinforced when one recalls that water depth, distance from the shore and the 1::6 grade of the beach were the major factors in our lengthy discussions and negotiations. That modest 7' change means an additional foot of water depth in an area that has required dredging at two year intervals and that is exposed to drift from the Channel beach which you will be enlarging, and the effects of the new storm drain at Alvarado Street, about 10 feet from that end of our float. Rotation places the float on a natural contour relative to the shore and avoids penalizing one owner as against the other. We will be in Balboa June 14-July 29. I plan to contact you a day or two after arrival. Sincerely, STACY H _ I7©BPZEN0KY 1221 Broadway, 21st Floor Oakland,CA 94612-1837 (415) 451 3300 June 7,1989 Mr. Tony Melum Marine Department P.O. Box 1768 Newport Beach, CA 92658-8915 Mr. Steve Luy Public Works Department P.O. Box 1768 Newport Beach, CA 92658-8915 Gentlemen: You will recall that it was at your instance that Mr. Ettinger and I agreed to consider your demand that we either remove our pier or come up with some alternative acceptable to you, that we denied your right to require us to remove what the City Council authorized in 1984, but that we agreed to undertake the removal and reconstruction of our dock on the basis of the agreements set out in our letter to you of January 19, 1989; further that by March 10,1989, the date on which the Coastal Commission approved that agencies "Waiver of Coastal Development Permit Waiver...," we had obtained permits or waivers from the Corps of Engineers, The Regional Water Quality Control Board, the State Lands Commission and the City of Newport Beach. You will also recall that, in our deliberations during 1988 that led up to the January 1989 agreement, the principal problem was your desire to limit the distance out from the shore, to maintain the specified grade for the restored beach, as against our need for a minimum of -3' below MLL in order to use the proposed new structure. Further that we accepted the configuration delineated in our permits even though the DPW survey showed shallower depths than we felt we were entitled to. Further that, upon being advised of the May 10 Coastal Commission action we were advised (March 15) by the Public Works Department that we were required to undertake our work prior to the time that the City's contractor undertook the removal and reconstruction of the seawall and sidewalk adjacent to our properties, which, on the basis of our letter to DPW of March 21, we commenced. After our contractor had removed our then existing structures, excepting the "T head" just offshore, had reinstalled 2 pilings and installed 2 additional ones, and had constructed 1/2 of the fixed or pier portion of the structure plus the new float, we learned that the City had imported and deposited sand on our beach, thus effectively halting the work of our contractor, who thus was required to stockpile the section of pier and the gangway on the new float, which he held in place by temporarily placing the three 1 piles designed for the float. It was following that, on May 4, that Mr. Melum informed us, by telephone, as outlined in our letter of May 8, later informing us that the City wished us to bear the cost of importing the sand that stopped our contractor's work. Our letter of May 18 and Mr. Melum's letter of May 22 effected a further change in the January 19 agreement, and we paid promptly the sum specified in said May 22 letter (by checked dated May 25, 1989). Meanwhile, we have learned that the new float regularly grounds at low tides, and that it does so because Marine, Public Works and ourselves undertook our planning on the basis of DPWs bottom survey of June 28, 1988 without taking into account the fact that the angle of our front property line is not at right angles to the side property lines, so that we all were mutually mistaken as to the location of the west end of the proposed new float in relationship to the distances and elevations shown on the survey. This problem is addressed in our letters of May 29 and June 2, but Mr. Melum has informed us, by telephone, that his Department regards our float, if rotated to offset the problem outlined in the preceeing paragraph, as a navigational hazard. We remain uncon- vinced on this issue. While we stated the difference in distances from the shore at 9.90', the float does not extend to the west property line (it is 25' on that side, the lot is 30'), and if rotated that end would be an average of 9' from that west line. The result is that rotating would extend that end of the float 7' bay - ward, rather than the 9.9' at the west property line. Putting the new float parallel to the shore has several advantages: -7' further bayward adds just over 1' to the 1::6 grade; -less vulnerable to sanding up with drift material from the beach and channel, our location has required dredging on approximately a two year interval (was to have been dredged at the start of 1988); -follows the beach/shoreline contour and therefore avoids penalizing the owner of the west half of the structure; and is an equitable concession in view of the circumstances described above. Channel obstruction is less of a factor than you suggest in view of the channel restrictions represented by the Bay Island bridge, the extreme restriction at the western end of the channel, the enlargement and use of the public beach facing the Island, and the very limited boat traffic that the nature and configuration of the channel affords (and the fact it is closed during the summer months). To compound matters, we now understand that the City has not been able to complete its engineering work in preparing for the dredging it had agreed to undertake nor the processing of its "blanket" Corps of Engineers dredging permit; that its present permit expires June 12, 1989, and that other agencies have raised issues with 2 respect to the new permit which imply further delays in the City's obtaining permits to dredge. In view of the fact that Mr. Ettinger and I were willing (1) to accomodate your requests and enter into the agreements detailed in the letters above referred to, notwithstanding our firm conviction that you would not have been able to solve your problem without litigating the issues, (2) to expend in excess of $20,000 in reconstructing our facility, (3) agreed to proceed with our work ahead of the City's seawall contractor, (4) were then interrupted by the importation of sand on the beach and (5) now find that the City is unable to carry out its part of the bargain with reference to dredging, it is only just that we be permitted to rotate the pier as requested and in some way be compensated for the interrup- tions of our work, the unexpected imposition on the persons who permitted us the use of their dock during construction, and the inability to use our dock from April and continuing at this time. Sincerely, ,,nn Stacy H. Dobrzensky cc: Richard Ettinger 3 =ACY H _ nC)BIRIZENSKY 1221 Broadway, 21st Floor Oakland,CA 94612-1837 (415) 451 3300 June 2, 1989 Mr. Tony Melum Marine Department P.O. Box 1768 Newport Beach, CA 92658-8915 Dear Mr. Melum: Plazi Miller advises me that your response to my proposal to rotate the float, detailed in my letter to you of May 29th, is not acceptable, on the ground that such would obstruct the Bay Island Channel entrance. Notwithstanding, it appears to me that locating the float parallel to the shore not only does not have that effect, but also has material and beneficial effects of interest to all concerned. 1. The Channel is but of limited use for navigational purposes. Even if it were to be restricted at the east end as it is at the west end, it would still serve emergency vessels (Harbor Patrol), the vessels using the only two docks on the Channel and small boats It is closed from June to November each year. It is not navigable by other than small boats, including rowboats, due to the low Bay Island Bridge and the very restricted western entrance. No boat landings other than at the two docks mentioned are permitted. 2. Rotating our float does not alter the size of the Channel opening. Your attention is invited to the enclosed numbered copies of drawings. #1 was prepared and submitted by me in connection with our 1984 Permit application proceedings. It shows that the north- west corner of the then proposed "E" shaped float, which extended out 70' from the sidewalk and was 38' in width, was 80' away from the southeast corner of the nearest dock on Bay Island. Further, that our then proposed structure was an average of approximately 40' southerward of the extended southernmost line of that dock. #2 and #3 were originally prepared for my use in connection with our 1984 Permit proceedings. #2 shows the new float superimposed over the drawing of the "E" considered in 1984. #3 shows the same with the new float rotated to a position parallel to the seawall. Note that the new float, which is 12' wider than the 1984 "E", extends to 66', 4' short of the earlier proposed float. The difference in the distance of the northwest corner of 1 the new float, from its position at right angles to the extended property line, and in the rotated position is 3' Note also that the average distance of the new float ends from the projection of the nearest line of the Bay Island dock remains the same. 3. As noted in my May 29 letter, the DPW bottom depth survey drawing failed to note that the sidewalk line is not at right angles to the north -south property lines, with the result that we all failed to note that sidewalk at the westernmost property line was 9.90' bayward of the common, center property line, so that the depths used in determining what became the bayward distance of the outer edge of the new float were 9.90' short of the actual distances. This puts the 201 Edgewater end of the float consider- ably closer to shore at a point where bottom depths are most af- fected by easterly migration of sand from the Bay Island Channel. It is noted that the outfall of the new storm drain at Alvarado Street is quite close to that same western end of the float and will contribute materially to the deposit of sand at that end. 4. Clearly, we all desire strongly to avoid, or at least minimize, the need for future dredging to maintain necessary depths at the float at MLLW. Having the new float with its ends equadistant from the shore will contribute materially to that end and will also avoid unnecessarily handicapping the use of the western half of the float. 5. If one looks at enclosure #1, and takes into account the line of water's edge of the beach, particularly as you envision it after you have completed your Channel dredging/beach restoration project, channel obstruction/restriction is virtually a non -factor. In view of the great uncertainty as to when your dredging operation is to be undertaken, and the clearly adverse effects of the regular grounding of the new float, we have arranged with Plazi Miller to rotate it to the parallel position, i.e., to "park it" temporarily in that manner to minimize damage to it. (He has merely "tacked it down" with the piles, as a "parking measure" --final installation of the piles, at the ends and on the shore side of the float, cannot be undertaken until the dredging is done). 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DOBIZZENSKY 1221 Broadway, 21st Floor Oakland,CA 94612-1837 (415) 451 3300 June 2, 1989 Mr. Tony Melum Marine Department P.O. Box 1768 Newport Beach, CA 92658-8915 Mr. Steve Luy Public Works Department P.O. Box 1768 Newport Beach, CA 92658-8915 Gentlemen: Consistently with paragraph L of my letter to you of January 19, 1989, there is enclosed a copy of the Amended and Restated Property Owner's Pier Agreement, between the Ettingers and the Dobrzenskys, dated May 1, 1989 and recorded in the office of the Orange County Recorder on May 30, 1989 under Recorder's Series No. 89-284967. Sincerely, StcqH Dolbr"z4ns Y Y cc: Richard P. Ettinger CONFORMED COPY plot Compared with Original 69-Z84967 AMENDED AND RESTATED PROPERTY OWNER'S PIER AGREEMENT RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 2:30 MAY 3 0 1989 P.M. Q' C/3tadRECORDER This Amended and Restated Property Owner's Pier Agreement is made at Balboa, California effective May 1,1989, by Jean S. Dobrzensky and Stacy H. Dobrzensky, Trustees, herein "Dobrzenskys", and Sharon Ettinger and Richard P. Ettinger, Trustees, herein "Ettingers". A. The Parties have heretofore executed the following: (1) A Property Owner's Pier Agreement dated June 29, 1984; (2) A Memorandum of Property Owner's Pier Agreement dated June 29, 1984 and recorded on July 19,1984 under Recorder's Series No. 84-298667, in the Office of the County Recorder of Orange County,California; (3) A Pier Lighting agreement dated February 20,1987. B. The Parties are the respective owners of contiguous real Properties in Balboa, California, each consisting of an improved residential lot, known as 201 and 205 Edgewater Ave., respectively, and a facing "water lot", each being more Particularly described in Exhibit A,hereto; C. The Parties had Previously obtained required governmental Permits and authority for construction and maintenance of the existing Pier and float, herein "Pier",on an along the northerly Prolongation of their common Property line into the navigable waters of Newport Bay. More recently, in resolving disputes with the City of Newport Beach with respect to said Pier and Proposed City reconstruction of the sidewalk and seawall adjacent to the Parties' said Property and Pier, the Parties have reached agreement with said City and obtained requisite Permits and authority to reconstruct said Pier. Newport Beach Harbor Permit ff 113-205 was approved by the City Council on December 12, 1988; the California Coastal Commission issued its "Waiver of Coastal Development Permit Requirements/ De Minimis Developments -Section 30624.7 of the Coastal Act" on February 16, 1989 and validated by the Commission at its March 7-10, 1989 meeting. D. The Parties desire and intend hereby to amend and restate said Property Owner's Pier Agreement and Pier Lighting Agreement so as to relate them to the reconstructed Pier and the under- standings and agreements reached with the City of Newport Beach in the course of the Pier Permit Process. Accordingly, it is agreed as follows: 1. Said pier is the common property of the owners of the respective real properties above referred to, each as to an undivided one half interest therein. All rights and duties of owners with respect thereto, including such as are Provided for or created hereunder, shall attach to and run with said lands (i.e., notwithstanding future changes of ownership). 2. The parties shall share equally the use and the cost of maintenance, repair and mutually agreeable improvements thereto. 3. Utilities (presently water and electricity) are supplied separately from the respective properties and future in- stallations of other utilities shall be by agreement and at the expense of the party wishing the same. Electric lighting was originally installed by Dobrzensky's but the connection is to Ettinger's electric Supply and the cost of power thereof is borne by Ettingers. 4. If the parties are unable to agree as to the sharing of the use of said pier, or the cost of utilities sup- plied thereto, or as to the necessity for repairs or maintenance, or the materials, supplies and services to be employed in connection therewith, or as to who shall be employed for the purposes thereof, or as to the nature, color or quantity or quality of materials therefor, or otherwise as to the proper use, maintenance and upkeep thereof, then the same shall be arbitrated by arbiters, one selected by each party. If said two arbiters cannot agree, they shall select a third. The decision of any two arbiters, so selected, shall be final and binding on the parties. The cost of arbitration shall be undertaken equally by the Parties and all costs and expense paid promptly. The Property of any party who fails, neglects or refuses to arbitrate, or to pay sums due for any such repair, main- tenance or arbitration, shall be deemed subject to a lien therefor in favor of the other party. 5. If, after 30 days advance written notice, (except in the case of emergencies, in which case the procedure that fol- lows shall be applied) by one party to the other, of the necessity for any repair or maintenance work or other matter or thins referred to above, the other party shall have failed to respond to said notice, the noticing party shall be deemed to be authorized, after obtaining at least two bids (excepting for emergency repairs), to undertake to have the necessary work done at the joint cost of the Parties. Any repairs, beach restoration, or other expense, Penalty or forfeiture as may result from the willful or negligent acts or omissions of a party, shall be the res- ponsiblity of such party, and the entire cost thereof 2 borne by such Party. Emergency repairs may in good faith be responded to by a Party on the basis of the circumstances as may arise, following the above Procedure where reasonable to do so. 6. The Parties shall, either jointly or by separate pol- icies, obtain and keep in force Public liability and Property damage insurance covering injuries or damage to Persons and Property arising out of or connected with the use, operation and maintenance of said Pier, in amounts for Public liability of not less than $100,000/$300,000, for Property damange not less than $25,000, and for medical ex- Pense of not less than $10,000. The Parties shall cooperate in the obtaining and maintaining and Paying for such other insurance as the Parties may agree is reasonably necessary or desireable to obtain. 7. In January, 1989, in discussions and negotiations between the Parties hereto and the Public Works and Marine Departments of the City of Newport Beach, California, with reference to the conditions governing said Harbor Permit #113-205, issued by said City December 12, 1988, it was agreed by with said Departments that upon completion of said City Public works and reconstruction of said Pier referred to in Paragraph C., above, the following Provisions apply: A. Dobrzensky's and Ettingers shall Proceed with reasonable diligence to undertake the reconstruction of their Pier in accordance with said Permit #113-205 Prior to the commence- ment of work by City's contractor on the seawall and sidewalk adjacent to the subject Properties; B. The Parties (Dobrzenskys and Ettingers) shall undertake any future dredging in such manner as will not remove spoil material below a depth established as a line along the center line of said reconstructed Pier begin- ning at a Point 3.8' below the top of the reconstructed seawall and thence bayward on an 1::6 slope to the U.S. Pierhead Line; C. Excepting for Acts of God or the elements, or of in- tervening third Persons, or the City, to the extent that the beach level shall fall below said 1::6 line described in the Preceding subparagraph, the Parties (Dobrzenskys and Ettingers) shall Promptly restore said beach to said line; D.For the Purpose of determining the size of vessels as may use said structure, each of the respective Properties, described herein, shall be deemd to have but one half of the 50' float, or, 25' each, thus limiting the size of vessels which may use the same on any regular basis. E. In any future depositing of beach material as the City of Newport Beach may wish or be required to un- dertake, the same shall be Performed in such manner, 0 with reference to'the area bounded by the northerly extensions of the west line of Alvarado Place and the east line of Alvarado Street, so as not to exceed said 1::6 line described in subparagraph A, above, or other- wise to interfere with water depths at said reconstruc- ed Pier structure. 8. This Agreement runs with and is binding on said respective lands of the Parties and their respective tenants, heirs, successors and assigns. 9• This Agreement embodies the entire agreement of the Parties and any Prior or collateral agreements, understand- ings or conditions are deemed merged herein. Executed in quadruplicate. Sharon Ettinger r �e Jean S. Dobrze Richard P. Ett nger Stacy H. DobrzPnc rx� Tie GENERAL ACKNOWLEDGMENT State of CAI i f nrn i a On this the 10th day of May 19 89 , before me, ss. Lawrence R. Shepp county of Alameda ' the undersigned Notary Public, personally appeared F1FOFFICIALSEALSEAL- Jean S. Dobrzensky and Stacy H. Dobrzensky MY LAWRENCE R. SHEPP N personally known to me r ' NOTARY PUBLIC-CALIFORNIA ALAMEDA COUNTY ❑ proved to me on the basis of satisfactory evidence Commission Expires April 29, 1991_ to be the person(s) whose name(s) are subscribed to the Yam' within instrument, and acknowledged that they executed it. WITN E(j hand and official seal. (INDIVIDUAL) / . �/L(,�(,L 14, , STATE OF CALIFORNIA COUNTY OF On MA SS. before me, the under- signec1 d, a Nota Public in and for sa County and State, Personally appeared ersonally known to me (or proved to me on the basis of satisfactory evidence)to be the Person hose subscribed to the within instrument and acknowledgednG C� 1�_ e same. thaT} Pxecuted the �/ NESS my hand and official seal. t 1 NP-I (Rev 4/84) Name (Typed or Printed) FOR NOTARY SEAL OR STAMP OFFICIIAL AL III it! �'/',LERIE ANNESK NDORF Notary Public-CW(fornia ORANGE COUNTY 3saea� r� 'I Corruh. ExP. Apr. 27, 19go NO. 201 ;A 91304-71 o4 4 LEGAL DESCRIPTIONS 201 F110JEWATFR AVE (Ettinger): PARCEL 1: Lot 1 of the Subdivision of 'F31oc Day Tract, in the City of New k C of Newport in book 4, page 29 of Miscellaneous Maps, per map recorded Orange County. P , records of said PARCEL 2: That portion of Lot 2 of the Subdivision of Block C of Newport Bay Tract, as per map recorded in hook 4 29 Of Miscellaneous Maps, described as follows: Page Beginning at the most Northwesterly corner of said thence. Southerly along the Westerly line 68.75 feet to the Southwesterlyid Lot 2' Southerly line of corner Lot 5 feet; said thence Northerly thence Easterly along the to the Westerly line of said Lot 2 a distance of 67.10 feet erly parallel more or less to the Northerly line of said lot; thence Westerly to the point of heginninq. PARCEL 3: That portion of Lot 88 of the Subdivis Block C of Newport Bay Tract, as i on of orded in Page 29 of Miscellaneous Maps, described aspfollows: hook 4, Being all that Portion of -'said lot lying pro - and parallel longation Northerly of a Line that is 5 feet Easterly West of the of. with, the Westerly 1 ine Newport Bay Tract. of Lot 2 of said 205 EDGEWATER AVE (Dobrzensk ): Parma A= All that portion of Lot Eighty-eight of Subdivision of Block C of Newport Bay Tract, as' shown on a Map recorded in Book 4, page 29 of Miscellaneous Maps, records of Orange County, California, described as: Being all that portion of said Lot lying East of the prolongation Northerly of a line that is 5 feet Easterly of and parallel with the Westerly line of Lot Two of said Subdivision of Block C of Newport Bay Tract. Parcel B: PARCEL 1 (Formerly a portion of Lot Two and all of Lot Three) o0 Subdivision of Block C of Newport Bray Tract, as shown on a Map recorded in Book 4, page 29 of Miscellaneous Nlaps, records of Orange County, California, and Resubdivision No. 444 dated April 4, 1974, City of NewportBeach. N .. r k � r r - u A - CITY Newp Ituut t1Nl �/pT BEACH _ C"oT- ru S Ga l< . Ir •�' b i eoeA //7 �f! • r Q I Af As e F w 'r o*�' R T •wteoA D rc.r.vp ��.._ ..—o•Do•ALCW r7 3.7 7 w urr �.r, f` t Q ,♦ -1LY3 Phu ►'j +' Per A• Apo• .• - �'A- - i� ,`e0 Y- oR�OEg c. D[P�`i r Np red O C� = ou w�.t � � wcilt '•9 ti ovur -lirry VICINITY SKETCH i �w.� NEWIORr BAY CAL WOMMIA Sound�nys ore �.rpiessad in fQ� and d�nafe ��rc depths b elOW Leo.•/ Lo war Low Wo fir. /t�lox/.rw.,s ronye of tide approx/nso��/y /O 1%�} Horbo.- /.i7es ore es�ob//'shed in ><h:s , se. bo r of New,orf Bor: ,L P. L • r,Za•9a � u�1�7 �y L/C.4w7-5 ,v Lei— _ _ BcK. T,eAC7- �IeG � C'!-.1.Di'E�Z Ate. � �E.A ltp�toc7►V - ,,wr..�•lrri?d' C.e c/re 4C rb.c AOoees wl -2oO/cTE CITY OF NEWPOFZT MEIN CN Peltmisslom Is MAINTAIN THE AT THE Sri—YT THE HARBOR 954--:� L:� ANY IS NOT T 0. THE C.ITV RIGHTS AND TmS IN ACCORZJa"-'��' %VITH Z L7 7 PERMIT No. --------- Oranqza Caun,Vq P�rinit other i 7 Coal s gy CSTV COL - ._._._._._. ._._,_�..0 JLAL_J:�.�.r.r��._._._._._._._._._._.._ ��WPORr CITY OF NEWPORT` B'i_.:�C.K RECEIPT NEWPORT BEACH,, CALIFORNIA92663 NO, 34556 19 ATE -� O / 00 RECEIVED FROM (` ./ �..: zo� V FOR: ACCOUNT NO. AMOUNT � r 3 ` DEPARTMENT !� BY i DATE /. y . C7 TO: 0 MAYOR C7 FIRE GENERAL SERV. C7 COUNCIL MANAGER -EJ LIBRARY E3 ASST. TO MGR. MARINE C7 PARKS & REC. 0 I] EXEC. ASST. ATTORNEY PERSONNEL I] BUILDING o PLANNING E3 CITY CLERK Cl POLICE ED PUBLIC WORKS 0 DATA PROCESS. O PURCHASING E3 DUPLICATING E3 TRAFFIC CJ FINANCE BUSINESS LIC. C7 UTILITIES FORS ACTION & DISPOSITION., ❑ FILE ❑ INFORMATION ❑ REVIEW & COMMENT ❑ RETURN REMARKS:.` ; :�2 ' 1 1 a J�h FROM: STAGY H . 17C)3B1:ZZE1qSK1Y' 1221 Broadway, 21st Floor Oakland,CA 94612-1837 (415) 451 3300 May 29, 1989 Mr. Tony Melum Marine Department P.O. Box 1768 Newport Beach, CA 92658-8915 Re: Our discussion May 26, angle of float Dear Mr. Melum: I enclose a print of our Parcel Map, showing the lot dimensions. I invite your attention to the angle of the front of the lots. Taking the common property line as zero, the west line of 201 Edgewater extends 9.90' further bayward, the east line of 205 Edgewater extends away from the bay 14.86'. The effect is that the west end of the float is just under 9.9' closer to shore, east end nearly 14.46 further out. If we were to rotate the float so that it is parallel to the front property lines, only then would we have the depths we thought we were working with. In other words, because the DPW bottom survey of June 1988 that we all worked from does not relate to the angle of the front property lines, the depths we used were in fact closer to the shore than appeared, hence the grounding of the float at the west end that we observed last Friday. The enclosed print (#1) of a drawing I made superposes the survey on the basis of the front lot line angle and the present position of the float. Print #2 shows the float rotated to what we thought we were dealing with as to water depths. Print #3 shows the areas to be dredged as we have agreed. Plazi Miller tells me that the rotation of the float is a simple matter, will not add to the cost, and, we believe, gives us better depths and the prospect for considerably less in the way of future dredging problems. At the same time, the extent that one end extends further beyond the PierHead line, the other is pulled back. Under all the circumstances, can we not undertake this change on the basis of a letter, as we have used in the past? Under all the circumstances, it seems appropriate to proceed in this manner, and with dispatch in view of the delays we have en- countered as a result of changes in DPW plans re the sequence of 1 the work, the moving in of the sand bulwark,etc. I enclose an extra set of copies for any discussions with DPW. Sincerely, E ,qTm,;Y' H. DOBAZENSKY 33 1ST NATIONWIDE BANK A FOOKSAVaOUK - 1325 Broadway Oakland, CA 94512-1997 MEMO —)-,4j 1 — Z,& 1 . -4-1:3 2 107000?1: 1433 'L"'-hnMN 0 MAYOR 0 FIRE TO: 0 COUNCIL 0 GENERALSERV. 0 MANAGER 0 LIBRARY 0 ASST. TO MGR. 0 MARINE C-1 EXEC. ASST. 0 PARKS & REC. CD ATTORNEY 0 PERSONNEL O BUILDING O PLANNING 0 CITY CLERK 0 POLICE ' i 0 DATA PROCESS. 0 PUBLIC WORKS 0 DUPLICATING 0 PURCHASING E l FINANCE 0 TRAFFIC 0 BUSINESS LIC. 0 UTILITIES FORA ACTION & DISPOSITION O FILE Pj INFORMATION ❑ REVIEW & COMMENT ❑ RETURN REM/ARKS:. I�9 S P f /+� /� ®�r Gi }/per V no / FROM: 4 INVOICE' O �W Impact Equipment Co. Inc. 9327 Somerset Ln. Cypress, CA 90630 S City Of Newport Beach Marine Department D 70 Newport Beach Pier T Newport Beach, CA 92660 O wvac� wo. S Sea -wall constriuctio r; at Bay Ave.z. P T O -.USTOMER'S ORDER SALESMAN TERMS Ray Garve DATE SHIPPED LHIPPED VIA May,11,19 F.O.B. DATE May.15,1 It Builc sand bulwark.for sea Beall project with 310 dozei 16.5 Hrs. @ 65.00 1072 _ 5 - - - '.Y PAK (SO0 SETS) 7P729 0 cnrban&wz 9 STACY H. DOBRZENSKY 1221 BROADWAY, 21- FLOOR OAKLAND, CALIFORNIA 94612 T-1-Y\ 1-11 � -�'t f- E A,1 f, o Tony: The following is the form of agreement we discussed on May 16th. You may refer to it as a form adapted from an agreement pre- pared by a California attorney for his own use, but with the ad- monition that it should not be used except where the result is at least reviewed by the user's attorney. I am giving it to you as an illustration of what such an agreement might look like. The purpose of the agreement is to provide an orderly means for re- solving differences over the use, operation, maintenance, repair and replacement of a common property --in this case, a property line, jointly owned pier. The concept applies as well to a shared driveway or other easement, other jointly owned property. 5.19.8 shd PROPERTY OWNER'S AGREEMENT This Property Owner's Agreement effective ,1989, by _ herein called is made at , California , herein called , and A. The parties are the respective owners of real properties in , each being more particularly described in Exhibit A,hereto; B. The parties are also the owners of (here describe common property --a property line pier, a driveway, etc.) C. The parties desire and intend hereby to agree upon and make provision for the use, operation, maintenance, repair and replacement of the common property. Accordingly, it is agreed as follows: 1. Said is the common property of the owners of the respective real properties above referred to, each as to an undivided one half interest therein. All rights and duties of owners with respect thereto, including such as are provided for or created hereunder, shall attach to and run with said lands (i.e., notwithstanding future changes of ownership). 2. The parties shall share equally the use and the cost of maintenance, repair and mutually agreeable improvements thereto. 3. Utilities (presently water and electricity) are supplied separately from the respective properties and future in - 1 stallations of other utilities shall be by agreement and at the expense of the party wishing the same. 4. If the parties are unable to agree as to the sharing of the use of said or the cost of utilities sup- plied thereto, or as to the necessity for repairs or maintenance, or the materials, supplies and services to be employed in connection therewith, or as to who shall be employed for the purposes thereof, or as to the nature, color or quantity or quality of materials therefor, or otherwise as to the proper- use, maintenance and upkeep thereof, then the same shall be arbitrated by arbiters, one selected by each party. If said two arbiters cannot agree, they shall select a third. The decision of any two arbiters, so selected, shall be final and binding on the parties. The cost of arbitration shall be undertaken equally by the parties and all costs and expense paid promptly. The property of any party who fails, neglects or refuses to arbitrate, or to pay sums due for any such repair, main- tenance or arbitration, shall be deemed subject to a lien therefor in favor of the other party. 5. If, after 30 days advance written notice, (except in the case of emergencies, in which case the procedure that fol- lows shall be applied) by one party to the other, of the necessity for any repair or maintenance work or other matter or thing referred to above, the other party shall have failed to respond to said notice, the noticing party shall be deemed to be authorized, after obtainina at leant two bids (excepting for emergency repairs), to undertake to have the necessary work done at the joint cost of the parties. Any repairs, beach restoration, or other expense, penalty or forfeiture as may result from the willful or negligent acts or omissions of a party, shall be the res- ponsiblity of such party, and the entire cost thereof borne by such party. Emergency repairs may in good faith be responded to by a party on the basis of the circumstances as may arise, following the above procedure where reasonable to do so. 6. The parties shall, either jointly or by separate pol- icies, obtain and keep in force public liability and property damage insurance covering injuries or damage to persons and property arising out of or connected with the use, operation and maintenance of said pier, in amounts for public liability of not less than $100,000/$300,000, for property damange not less than $25,000, and for medical ex- pense of not less than $10,000. The parties shall cooperate in the obtaining and maintaining and paying for such other insurance as the parties may agree is reasonably necessary or desireable to obtain. 7. This Agreement embodies the entire agreement of the parties and any prior or collateral agreements, understand- ings or conditions are deemed merged herein. 0 Executed in quadruplicate. (Attach Notarial Acknowledgments) FIL D AT IN BE/NG LOT .3 DNO G FO,QT/Oy 4: LO Z' aE onace� ' s. eouNrr o� F o c BLOGi� �C a /YEl1/i�D2T., tgDy T.?GGT At REQUW OF. COUNTY SURVEYOR . �%M. BQJ,(G4 .EDGE IL WYUE CARLYLE, COUNTY RECoR4ER ,2FG0.2DS DF O.�DiYGE GO!/NTI� C.4L/FD,QN/,4 S5.p0 C/TJ' LNG/NEE,2 s' GE,¢T/F/GDTE Sy,¢ //EJ'Or2 :9' G.E,� T/F/CDT This /nao hos 6ee� exu//�ir�eA' fhis' 26r,. Gay of This �� wps �aoo�Ga'6 NOVEMBER /.91¢ fay co/��i/�7GnGC svi�h 1G 4ad/.S �SGd /i�von o ;C/a�.5��v«� �� rB !/%rG?1E/�f✓'' O/t ,$GGf/G/1 //57.5 Gf fhG v�!/6' �y/7Li �/1G rC�7!/irG/J�C/lfs Of f%JG ✓flidG/l�/J/O/7 .l71��.�G1� p %9/Orf iY/DQ 11G7� affilG /GQve.51� Of .ST�JL/� fr! "":z "Ewxy,, iA 4/0/'2:;4 /O710. //i�rt6 GC/f/f fha! f!�/s/�1aP Ga�fO�/ns fc thG y !/��iov�d Taof tvC �1vd o�d fhC G<rl�>i�ls cfoo�roaa/ 'BEN../ ti//N. B /1/OLDN, .E.CE,/16GYe f%1C/GO�' f/llJl�,C//�rOl�/J%O//f Of rl�i0/�G06/C S�j�G.r4/y ��d /vGo/ Ordi�onGGJ hove �� GoinP/rC4.,� ��,� coy�ry yozs Examii�Caf and oo�wvBv1, pvfCa' f/iis // �/' fsr%/rvm ./ � �o- Goy of •- L. GO!/NTy ,Ql�E O ,By OGw�y L6 T1571)V41": 3 Wr WW I Af' bpi AD ,,—fi,PR O'Re z-xlsrIN& SlPeWALk MINIM UM Z'q\ �PRovos�o 9 rl,o 6'4,4�,y m s ofE OF srA� i-IUST/N6f S/D_-/✓4Z/f � � S/ ✓L 6Etif/� Shlf EL • IO �O, / Q /,W//IAf4f,1 D/STA/Ic£ FROn, TG I�•� °\> �ti� PPo/�StJ �E.y�!/ DF BULf'�IEAD TO 8 SI)ALL / NpT E,XC -,r WEST PROPH--E 11 ENS T/N,r 8E"19 CN Fc r ►^ to �rt� EX/ST/NG SIDEWALK(' tr ` Is u PIER PROPILE i C i .a J -�r 6X/STING SIDEWAL k C4 ._... _ r PRoPoSFD, ASH . • i v 1 _ r� _ o r -� o� s.. r - z ,> a ;it 'Y�nre�_.�.- -_✓ ..-. is :.:_ �: •._ '.•1 '.__._,- ... .: ':�/"`.�. .. ,'_.. �... _ -- - :'.. .Z-, _ CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 May 22, 1989 Stacy Dobrzensky 1121 Broadway, 21st Floor Oakland, CA 94612-1837 Re: Harbor Permit 113-205 for pier and float bayward of 201 and 205 Edgewater Dear Mr. Dobrzensky: You will find attached stamped copies of the permit for construction of your pier and float on the above permit. Also included is a bill for the tractor work done bayward of your property in the amount of $1072.50. Payment of this amount to the City of Newport Beach will relinquish your responsibility to rebuild the beach bayward of your float, as discussed in your Letter of Understanding of January 19, 1989, referring specifically to Paragraph G 2. After we have finalized our plans for the dredging of the channel in the area between Montero Beach and Bay Island we will again be in touch with you to discuss the establishment of the beach in a stable profile as required by Public Works, and the deposit of any additional sand if necessary. If you have questions please call me at 714-344-3044. Sincerely, Tony Me um Tidelands Administrator 3300 Newport Boulevard, Newport Beach It 3 -a ®,�- STACY H. DOBRZENSKY 1221 Broadway, 21st Floor Oakland,CA 94612-1837 (415) 451 3300 May 18, 1989 Marine Department Attn: Tony Melum 70 Newport PIer Newport Beach, CA 92660 Public Works Department Attn: Steve Luy P.O. Box 1768 Newport Beach, CA 92658-8915 Gentlemen: On the basis of a meeting with Tony Melum yesterday, at the property, the understandings (my letters upon of January 19, March 21 and May 8 of this year), on the basis of which we undertook our Pier reconstruction, were further modified as set out below: 1. We shall, on presentation of invoice or statement, pay the sum of $1000 on account of the City cost of placing the sand recently deposited by the City on the 201-205 Edgewater beaches; 2. The City shall undertake the dredging bayward of the Pierhead Line to restore the beach to the 1::6 grade previously agreed upon (from a point 3.8 feet below the top of the new seawall, at the common property line of 201 and 205 Edgewater, bayward to the U.S. Pierhead Line). We understand that this is to be done in connection with the City's dredging of the Bay Island Channel which is to com- mence in the first week of June. 3. The City shall arrange with its contractor, or its own forces, whereby the sand on the beach, following completion of the seawall and sidewalk at our location, shall be spread and distributed in a manner as will not interfere with the construction or use of the new pier, pending such dredging. Sincerely, Stacy H. 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ETellm3Ee _5,oL1c&- ol IN (4-t AIJ 7-oeslolv LDS �2 �Q C � Z V1 — Ira 441ea or X, L7- 9� A-ioL Z_-7s i001* c 'y pit - Ag-94.11,Lr PIL-c- LwAez-Z".!�710-,VS PIL. c GOIDLr x gz-,4 C'je PO4y mec- r�-V'zwzz- 0/' 6/ T 7-. �Af �4' ✓ Vol .00 V Olt —4- loll" ?.�� 13 sk2 X -6- 7—/ ooC4 M-; Z_ 4—yaw - DRAWN NY *MEET NO. DOBRZENSKI -ETTINGER DOCK DATE 412,9,;7 1 MARINE CONSULTING & DESIGN SCALE .5 N0 W/9 2400 W. COAST HIGHWAY NEWPORT BEACH, CA 92663 201-205 EDGEWATER AVE. NEWPORT BEACH, CALIF. M. z=. A SUITE F 714 642 - 2206 or /SHEETS 9 777GRAPHICSIACCUPPESS - a . )1, h ,. , �' � - --,� � t C 1 ( - ' -e . j'� F /�>r r,is v 1rY� ti i S �: 1 �I t f , _ ,} r sI y ` 4 6I J<ct dcrI .''rid, i 1 �� i'7Fl �' ` _. ' I, J�� 'r vj. 14te;. P, ) its,, i, � v ;: '._i...� P ° , ",� , ., s' F, r J cam. , - 4 K . V,�-f x3n�1•r� z y x j ,(: i� J z l °jS / 9 c r h A 1�bCR t ' t __ 1� 7, .Y qI r F. c r y i Y c (, '+ t. 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' , �� T J t lr ti ` , t„ f j ) -4i!rr�t1ky,.��I .�I-I��"",��I ,, - I00.2, ---�,-..,," .l.-tt"��,.�.<,I,II-..-:in.- , I �.-. - -,", -,_11-', , ,.-.I��-�-;, - 1.. �" .,.:�w -I:-.I, Z,�I.I1�,n� .q'I,r ?�.,1-4— �I.--i, , ;,,..��..,,..,,"?,l �, --::�, 1,,!,-,��..g,. �� ;�;��,- .�;�.�,-,I�-1��,.�-, a�. -, '.'.-.'I,l,l,�.-�71 .- - �. -Q�.,;�-j��,I�,r1-, :.1,-,l, . -L-. �.,,� 7"l,,�.-F,iI .�—,l,- .;-"-.-11�l-" 1, .-I"X---,",.. \r + , '- r ;", 9s -01 _ j� . y./�Pi r T e' ,'rj -.;,'u--�,".,'-'"',,�---e��.) 1,1-�, -T-.�� %-I--�, .� ,� ��,,3I ...�- -,f-ijI .y � _ , _. {L: ` i 7 ° ~ .' fire 1'7q`;' S k t v '' / r f r , :-�c,,,�� .,.., ./-- � �II �7 3. � :>. , k-� y. � Fl V J" U �,_. z S ;'...-� -'�'. 1'd' - 'OCi , / � a6-'ry�L,Jt_ i, �' { r ` , -- C .�1 G u ; t F ,>.. ��M .l7fi,,.I ;�'.. .I" ,-:, cyk;`� ,�- ,; jam` i ,,; j�- i I o-a'�{`..�_(: r:: r .� r 3! -� t �r f�. l,- e i l r 7 1, rt: -. 4 }' °. i P .; -�-0-,I� I, i1- )1 ., i, 1 / 1.: ,, §f^t? l-F _ 1 s \, '^vf..�.zn'},'"-�,_t� �„.- A.�' _ / •--., :I,-� �r`lFic,'.'' G��f•; .- .. ,> tfi :) I - ✓4{p...i - I ,333, r9 P I, S I y j I )` li t f` } - 0 . - , r ty y i7rf �4vf4f 4i'_ '- +, (,r/ r, fl r4 it r; tUs "'i., 7 t - k .i; r .r —'• l •,�1.- k',5} f t` f �: ,-- 3': (.t `q -�� 4 a �� i�611 •�d n y�'.`^""`•�r. f' r�,s, ,y� '. _�y'l ?<-d �J ,i 1r, I rl rT i F.. 1 5 ` l _� �' ' i` , eR sty,.,. -- _ .'r "'i',. , STACY H. DOBRZENSKY 1221 Broadway, 21st Floor Oakland,CA 94612-1837 (415) 451 3300 May 8, 1989 ,,"'Marine Department Attn: Tony Melum 70 Newport Pier Newport Beach, CA 92650 Public Works Department Attn: Steve Luy P.0 Box 1768 Newport Beach,CA 92658-8915 Gentlemen: We refer to paragraph G2 of our letter to you of January 19,1989 and subparagraph 3 of our letter to Steve Luy of March 21, 1989: In a telephone call on May 4, 1989, Mr. Melum advised me that, not- withstanding the agreement embodied in said paragraphs, it now appears that the City itself plans to utilize sand it has stockpiled, and the spoils from planned dredging of the Bay Island Channel, for depositing at the end of Montero St, on Bay Island and in restoring the beach facing 201-205 Edgewater; that dredging is planned to commence the first week in June; that if such is undertaken, then the provisions above referenced will not apply (restoration by us). He also stated that the City expects to have the necessary authority to issue dredging permits on about June 1, 1989. We could not, in any event, undertake the dredging we had contemplated until a permit could issue, it being noted that June 1 is the date by which the City seawall/sidewalk contractor is to have completed that project. You may have observed that our contractor has commenced his work and that he expects to place the new float on May 15-16. I plan to be down late on the 16th, returning late on the 17th. Sincerely, //�� Stacy H. Dobrzensky 4 c M=r 6.000 psi at 28 days fe c f psi tt transfe 01 32dia.. 270 -seven wire strand*,— 6-ttraud al areal_ -.33 3/8" gi -77 spiral Working a rAng-th s to 04 q' lie force pg gr strand --25.110-150j660 .1b _Tc&aj_y0r)c�ng- f cgrce- 2 3/4f' eh"Xer f 4 edge® A ypp-r770-Dsi 162006 psi - Working strength; ODO us -Lcis o e- A "197'11 DW -Rs i X4 t a stress jQ033Ljbs Iar4 er .HARBOR PRECAST COMPANY typicedt top & LONG BEACH. CALIFORNIA 4. 011— bottom P1 L S PRESTRESSED CONCRETE 34" SQUARE • A nPAWN CHICKRO APPMOVED DWG No. - - - DATE 'RA TO: � MAYOR FIR GEN SERV. 0 COUNCIL LIBRARY 0 0 MANAGER ASST. TO MGR. MARINE PARKS & REC. 0 0 EXEC. ASST. 0 PERSONNEL 0 ATTORNEY 0 PLANNING 0 0 BUILDING 0 CITY CLERK POLICE PUBLIC WORKS 0 0 DATA PROCESS. 0 PURCHASING 0 DUPLICATING 0 TRAFFIC 0 0 FINANCE 0 BUSINESSLICE UTILITIES FOR: 8 ACTION & DISPOSITION ❑ FILE - ❑ INFORMATION REVIEW & COMMENT ❑ RETURN , REMARKS:. r FROM: y�;--jF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 WEST BROADWAY, SUITE 380 LONG BEACH, CA 90802 0 (213) 59a5071 Date: February 16. 1989 TO: Stacy Dobrzensky 1221 Broadway 21st Place Oakland, CA 94612 SUBJECT: Waiver of Coastal Development Permit Requirement/De Minimis Developments -Section 30624.7 of the Coastal Act Based on your project plans and information provided in your permit application for the development described below, the Executive Director of the Coastal Commission hereby waives the requirement for a Coastal Development Permit pursuant to Section 13238.1, Title 14, California Administrative Code. If, at a later date, this information is found to be incorrect or the plans revised, this decision will become invalid; and, any development occurring must cease until a coastal development permit is obtained or any discrepancy is resolved in writing. WAIVER # 5-89-090 APPLICANT: Stacy & Richard Ettinger LOCATION: 201 & 205 Edgewater Ave., BALBOA PROPOSED DEVELOPMENT: Extend a residential pier and floating dock, and dredge 100 cu. yards for beach nourishment RATIONALE: The proposed project is consistent with the certified Newport Beach LUP, compatible with the area, and consistent with the Chapter 3 policies of the Coastal Act and past Commission decisions for the area. This waiver will not become effective until reported to the Commission at their March 7-10, 1989 , meeting and the site of the proposed development has been appropriately noticed, pursuant to 13054(b) of the Administrative Code. The enclosed Notice Card shall remain posted at the site until the waiver has been validated and no less than seven days prior to the Commission hearing. If four (4) Commissioners object to this waiver of permit requirements, a coastal development permit will be required. Z f IK'�'t"L ea;m CHARLES DAMM South Coast District Direc- cc: Commissioners/File 9021A EXHIB1 "B" Cl r Y off' N"PoRr 6xxcN_ 8 uuc . — ML ki0.1 L iW L. 4t 1 r iv.g firacA rn•r!' (.,or ru ccal<) •4 �,co Q o� bAP b �,u AD r.• icw.vp __ � ,O�Do•A1LU 3.7) 7 ,. LAW 1 � e •4 flex -� c ram• 11 LO^d- <<"s 'r1-' O a coo.:' bee ^f Np A OLt G r, c 0 Ce Z •9 N a VICINITY SKETCH $v"r/"ry NEWIORr DAY CAL 1coar•rs► y s �arrr Sovnd�nys ore e,rpiess�d ir► ✓'Q� and d�..orre dep"As below ' ieoP7 Gower Gow Wo>trr. es{xr.rro•fe/y /D ��ef HoprobofSouth Coast Dispas secfror ofNewr /riles Bob: APPROV MVPMRi EEK"E. C"A 920 Per. q No . Dat.- s i Ll V. EE9 % -21989 CAUFORNI COASTAL CO MIIu� SSION SOUTH COAST DISTRICT 3 � y rfi I � X' I� p�cclS y •`� \ .•: �4L p�Rcr� A� i o O v �r✓6e� �eERu.ute`1 PZ ..3 1� .. PA� �7C I I _ r,la-BB C )JUdI&" a•N 4 � e.a.vT s ,Q y?7P7�E - gTjj t�sLtZ G e ,- -- 46 T,eACr .Jpe .4ppzes5 j-Z0y 1-•1A Cr- Ate. CaurCAcrb c O.arE STACY H. DOBRZENSKY 1221 Broadway, 21st Floor Oakland,CA 94612-1837 (415) 451 3300 January 19,1989 Marine Department Attn: Tony Melum Public Works Department Attn: Steve Luy City of Newport Beach,CA We are proceeding with our Coastal Permit application and appropriate arrangements with our contractor on the basis of the following, which represent the understandings and agreements reached in our conference at the DPW offices on January 12, 1989 and a telephone conversation with Mr. Luy on the day following (clarifying the role of DPW's contractor in completing beach restoration): A. In early 1988 we were informed by your Departments that the proposed seawall and sidewalk construction of DPW would conflict with our existing pier in that such construction would not permit necessary dredging in order to permit the depth needed to make the structure useable and that said structure would have to be removed unless we could devise an acceptable alternative to the existing structure. B. In the course of extensive meetings and correspondence, we proposed, and it was agreed, that we revise the existing structure so as to move it further bayward, with the float oriented parallel, rather than at right angles, to the shore. C.On this basis, our Harbor Permit Application # 113-205 was filed and subsequently approved by the Newport Beach City Council on December 12,1988. D. Without conceding your power and authority to require us to remove the existing structure, we do not press that issue now that we are in agreement as to the conditions of our current Permit. F. All Exhibits referred to are a part of this memorandum. G. At our own sole cost and expense, we shall undertake and complete the following prior to the start of work of the DPW contractor engaged for the reconstruction of the seawall and sidewalk fronting on our properties at 201 and 205 Edgewater Ave.: 1. remodel and reconstruct the structure depicted in the Permit drawing attached hereto as Exhibit A, in accordance with Exhibit B, the new permit drawing; 2. in connection therewith, dredge material from bayward of said Exhibit B structure, to fill the "omega" shaped basin created 1 by prior permitted dredging in the vicinity of the Exhibit A structure and to bring the beach to the 1::6 line described in paragraph H.,immediately below; excepting, however, that portion now covered by the structure north of the existing seawall which, when removed, or partially removed, by the DPW contractor, is to be filled to said line by said contractor. H. We shall undertake any future dredging in such a manner as will not remove spoil material below a depth established as a line along the center line of said Exhibit B structure beginning at a point 3.8 ' below the top of the proposed new seawall (for the purposes of paragraph G.,above, 2.5' below existing sidewalk level) and thence bayward on an 1::6 slope to the U.S. Pierhead Line, as shown in the DPW survey attached as Exhibit C; I.In the future, and excepting for Acts of God or the elements,or of intervening third persons or the City, to the extent that the beach level shall fall below said line described in paragraph H., above, we shall promptly restore said beach to said line. J. We agree that, for the purpose of determining the size of vessels as may use said structure, each of our respective properties shall be deemed to have but one half of the 50' float, or 25'feet each (thus limiting the size of vessels which may use the same on any regular basis). K. DPW, at its sole cost and expense, shall undertake and complete the following: 1.Provide one 3" sleeve for utilities for each of 201 and 205 Edgewatter, under the new sidewalk, in the location of the existing water and electrical lines serving each; (see DPW/Marine Departments January 6,1989 letter to Pier Permit - tees and Residents): 2. permit us to install a suitable metal bracket on the outside of the proposed new seawall, to which the remodelled pier may be attached at the shore end; 3. install a step in the new seawall for access to the remodelled pier per said January 6,1989 letter; 4. remove from the beach all pipe, wood, debris, etc., as may result from its project of seawall and sidewalk demolition and replacement; 5. In any future depositing of beach material as the City may wish or be required to undertake, the same shall be per- formed in such manner, with reference to the area bounded by the extensions of the west line of Alvarado Place and the East line of Alvarado Street, so as not to exceed said 1::6 line described in paragraph H, above, or otherwise to interfere with water depths at said reconstructed structure. L. In amending the existing Dobrzensky/Ettinger Property Owner's Pier Agreement (setting forth our agreements as to sharing the use and expense of the existing pier), we shall include the provisions of paragraphs H, I, J and K,5, of this memorandum, providing each of 0 you a true copy. Sincerely, cc: Richard Ettinger �� (hl C� T Y of /l swpOrer BEACH r Co. roew fl ! ?^ A O R 7- • � dLANp D O 001 z;ITe, ! 'Q VICI APT SKETCH ""fr Jcrrr Cwf� Nrwvo Rr 8AY CAL rFOQNlA j, / JlYry C� f �� = S04113dr495 ore eX/ores5ed /n roe;" one dsno/e dPj-OA5 be%w Mco17 Lower Low Wofcr. NJox/..rci.n ror79e of /idc opprvx/mo/Q/Y /O ice f-loroor 47c5 are «iobir5hrd i;7 fs„s , Secldorr of NawPorf Bob 1 PL/CA.vTSA,1,4cJGN�'?'f ' LYCI.! - .., .2. G-o �- BG/r, T,eAcT iQDOQE55J-2�_�:F'.t-JAT��-Ate,.__ ..__. bA1A�r` O.arE E7 fi a P FD) n l- C•`a UL Ul.JU ll Ii-I' i1� 14,k v t1lol re Cl r Y / wwpo,er BE•gc y 1.1Aft Lora { r ~% J I 00 c, I0 trvoTAf t Gcl<) 4p Q c/ N lJ�•stit• Jwm~Ki t„ 'o G 'ot TQ 0 •wt�oA D Ifk j+�•r jtw4f0 .t.77'wuw A.' saw • t Q , ��O�fP I�'fA'Itfl *some, - r��.. cam•. C' �c p fit MO�`i f NRfCG QC � •[t w+.It VICINITY .SKETCH ti W"r'"rr Qcw"wr S^V CAL Iromw^ y SounCfnys ore �.�piess�d in first and dif.ola depO'As be%w MCOP7 Lowdri LOW Wo>{L'% tilox/.wcifn ronyd' of fide OpProx/nrofdy /O +/irk Horbo. /.i7es are ea>'ob/isAed n:, IIA;s . aec/io r of Nea. oP l Bor: p.L �+. LN oAd jL P. L -4,i _�n.-u `._ 112a-BB c krudp r B,F'! e.a.vrs ,Q �N�jC-f-giTitL,-ol2 Ler BTfe.Qcr _ i�1'2Ccj C�1-.%.41'Ek2- AVM. f.r.A[tvtntoc�i.v pry"` ., KIM ✓oa ADDeess - lCzw-rCAc rb.c ate• ffl►lea �.a � �1 t STA CY H . DOBR Z EN SKY 1221 Broadway, 21st Floor Oakland,CA 94612-1837 (415) 451 3300 March 21, 1989 Mr. Steve Luy Newport Beach Public Works Department P.O. Box 1768 Newport Beach, CA 92658-8915 Re: 201-205 Edgewater Pier Projecct Dear Steve: In our March 15 conversation in your office, you reaffirmed your position that we must complete our pier project prior to the start of your seawall/sidewalk project at our location. I met the following day with our contractor and the sequence will be as follows: 1. We will remove our present structure, including the two piles positioning the float; the "T head" near the shore will remain in place; 2. After necessary yard fabrication, the new pier extension, float and new pilings will be installed/constructed. The present 9' section of the pier will be "cut to fit" and reinstalled temporarily to make the pier useable pending the start of your contractors sidewalk/seawall work; 3. The agreed upon dredging will be undertaken immediately we have the requisite permit and a sufficiently high daytime high tide. We are arranging with Jeff Harris & Sons for the installation of wat1br and electric lines under the new side— walk. I enclose a copy of the Coastal Commission Waiver of Permit, dated February 16, 1989 and confirmed by the Commission at its March 7-10 meeting (per telephone call to the Commission March 13, which will confirm by a copy of the drawing approved by the City Council to the Marine Department). A copy of the latter will be issued by Marine when they can append the dredging permit. Corps of Engineers, State Lands and RWQCB approvals were furnished you earlier. Perhaps we will soon have this one behind us! cc: Tony Melum Plazi Miller, S.E.A. Dick Ettinger y STACY H. DOBRZENSKY 1221 Broadway, 21st Floor Oakland,CA 9g612-1837 ( Lt 15 ) '151 3300 January 3,1989 ✓ Mr. Tony Melum Marine Department Mr. Steve Lug Public forks Department City of Newport Beach. Gentlemen: I spoke with Tony Melum todag and we have arranged that I will call him on Januarg 11 to arrange a meeting of the three of us on Januarg 11th,12th or 13th (we are driving down Januarg 10, returning to Oakland Januarg 17th). I mentioned to him the enclosed redraft of the form of Memorandum ❑f Understanding I had previously sent. The changes resulted from a re -review last week and the need to correct some typos and some clarification. Each of the changes is underlined on the enclosed, thus: Page One: correcting a typo and missing word; Page Three: rephrased "d."; Page Four: added "E." (we had discussed any such work bg the City and the potential for excess beach material with reference to the "1::6 line"). Page Five: revised to avoid a potential problem pointed out to me by Lally Thompson (Tong will recall that he represented us in connection with the original application), namely, that future owners of the property and future representatives of the City might have difficultg locating a copy of the Memorandum, creating a serious title headache in — some future transaction. I will bring with me some pictures of the beach front area, taken prior to the after 1975 but prior to the demolition/ construction of the Ettinger's house, and of course prior to the construction of our existing structure. They should help us in establishing the "original beach line." I have not as yet received the documentation from Tony required For filing our Coastal application. Stacu HADob zensk y This Memorandum of Understanding is made at Newport Beach,California on January __1989, between Stacy H.Dobrzensky and Jean S. Dobrzensky, Trustees, and Richard P.Ettinger and Sharon Ettinger, Trustees, herein collectively referred to as "Permittees", and the Marine Department and the Public Works Department of the City of Newport Beach, herein "DPW" and "Marine", sometimes collectively referred to as "Departments". A. In early 1988 Permittees were informed by Departments that the proposed seawall and sidewalk construction of DPW would conflict with Permittees' existing pier in that such construction would not permit necessary dredging in order to permit the depth needed to make the structure useable and that said structure would have to be removed unless Permittees could devise an acceptable alternative to the existing structure. ` ^ B. After extensive.communication, both written and oral, between Permittees and Departments, Permittees proposed that Permittees revise the permitted structure so as to move the structure further bayward, with the float oriented parallel, rather than at right angles to, tne shore. C.On this basis, Permittees' Harbor Permit Application # 113-205 was fileb_and approved by the Newport Beach City Council on December 12,1988. 1 D. The parties disagree as to the the power and authority of Departments to require Permittees to remove the existing structure, as to the conditions that were to be included in said Permit and as to the interpretation of certain of the conditions of said Permit porated herein as if set out at length herein. Accordingly, it is agreed that: 1.Permittees, at their sole cost and expense, shall undertake and complete the following acts, coordinating the work of their contractor so as not to interfere in the work of the DPW contractor engaged for the reconstruction of the seawall and sidewalk fronting on Permittees' properties at 201 and 205 Edgewater Ave., Balboa, in said City: a. remodel and reconstruct the structure depicted in the Permit drawing attached hereto as Exhibit A, in accordance with , Exhibit B attached hereto; b.in connection therewith, dredge material from bayward of said Exhibit B structure, to fill the "omega" shaped basin created ~ by prior permitted dredging in the vicinity of the Exhibit ' ` A structure; c. undertake any future dredging in such a manner as will not remove spoil material below a depth established as a line along the center line of said Exhibit B structure be --- ginning at a point 2.5' below existing sidewalk level and thence bayward on an 1::6 slope to the U.S. Pierhead Line, as shown in the DPW survey attached hereto as Exhibit C; d. in the future, to the extent that the beach level shall have been restored to and thereafter fall below said line described in l. subparagraph Permittees shall promptly restor said beach to said jine 71 permittees, for themselves and their respective heirs,successors and assigns, agree that each of their respective properties, described in Exhibit D, attached hereto, for the purpose of determining the size ' ' of vessels as may use said structure, shall be deemed to have but one half of the 50' float, or:25, feet_ each(thus limiting the size of vessels which may use the same on any regular basis). 3. DPW, at its sole cost and expense, shall undertake and complete, the following acts: a. remove, protect and safely store any existing pier structures and accessories which it requires to be removed ' pending completion of the seawall and sidewalk demolition i D f and construction adjacent to said Exhibit properties o Permittees; b. protect the two each water and electrical lines presently under the sidewalk and serving said existing structure, and encase them suitably so that the same can be attached to said Exhibit B. structure; c. install a suitable metal bracket on the outside of the proposed new seawall, to which the remodelled pier may be attached at the shore end; d. install a step in the new seawall for access to the remodelled pier per the drawing attached as Exhibit E; e. remove all pipe, wood, debris, etc., as may result from ' its project of seawall and sidewall replacement, from the beach westward of the eastern line of Alvarado Place to at least the western line of Alvarado St.; l ' water . t ted 4. Departments concur in the above and shall undertake their respective parts of the performance of this Agreement. 5. A "Notice of Agreement", referring to this instrument and s.tkina forth the performances required of the respective es shall be -prepared, l communicate the place and date of such recording by providing written notice thereof to DPW and Marine promptly after such recording, accompanied by true copies of the document so recorded. 6. This is the sole agreement of the parties and all prior and collateral notes, agreements,and memoranda on the subject of the above are deemed merged herein. 7. The prevailing party in any action or proceeding which a party commences in a Court of law in order to interpret or enforce this Agreement shall be entitled to attorney fees and costs as may be fixed by the Court having jurisdiction to hear such action or proceeding. 8.As to Permittees only, this Agreement shall be deemed to be an addition and amendment to the Property Owner's Pier Agreement dated 1984 recorded July 19,1984 under Recorders Series O.R. Orange County, California. / 9. Time is of the essence of this agreement. 9. Executed in triplicate originals the day and year first above written. ' DPW: Permittees: a by (Title) MARINE; (Title) IM STAC DOBRZENSKY 1221 Br dw_a�_ 21s oor Oakland,CA SgS12-1837 CLUS) 451 3300 December 19,1988 Mr. Steve Lug Department of Public Works ✓hr. Tony Melum Marine Department City of Newport Beach,CA Re: Proposed Memorandum of Understanding Gentlemen: It will be appreciated if you will undertake, at your early conven- ience, a review of the enclosed (double spaced to facilitate the task) with a view to an early conference to discuss and, hopefully to reach agreement and clear the way for us to proceed with the projects involved. I used mg April and July memos (July, pp.3-'l; April, pp.'1-5),plus my response to the conditions of the Staff Report referred to you in my letter of December 1q. Sincerely, and again with best Holiday Dishes, MEMORANDUM OF UNDERSTANDING. This Memorandum of Understanding is made at Newport Beach,Califopnid on January _1989, between Stacy H.Dobrzensky and Jean S. Dobrzenskg, Trustees, and Richard P.Ettinger and Sharon Ettinger, Trustees, herein collectively referred to as "Permittees", and the Marine Department and the Public Works Department of the City of Newport Beach, herein "DPW" and "Marine", sometimes collectively referred to as "Departments". A. In early 1988 Permittees were informed by Departments that the proposed seawall and sidewalk construction of DPW would conflict with Permittees' existing pier in that such construction would not permit necessary dredging in ❑rder to permit the depth needed to make the structure useable and that said structure would have to be removed unless Permittees could devise an acceptable alternative to the existing structure. B. After extensive communication, both written and oral, between Permittees and Departments, Permittees proposed that Permittees a reviseded structure designed so as to move the structure further bayward and oriented parallel, rather than at right angles to, the shore. C.On this basis, Permittees' Harbor Permit Application # 113-205, was approved bythe Newport Beach City Council on December 12,1988. 1 D. The parties disagree as to the the power and authority of Departments require Permittees to remove the existing structure, as to the conditions that were to be included in said Permit and as to the interpretation of certain of the conditions of said Permit approved by the Council; E. The parties desire and intend hereby to resolve their said differences to avoid the necessity for litigating the legal issue referred to in paragraph A., above, to agree as to what conditions are to apply and to record a document permanently to memorialize such understanding. F. All Exhibits referred to herein are, by this reference, incor- porated herein as if set out at length herein. Accordingly, it is agreed that: 1.Permittees, at their sole cost and expense, shall undertake and complete the following acts, coordinating the work of their contractor so as not to interfere in the work of the DPW contractor engaged for the reconstruction of the seawall and sidewalk fronting on Permittees' properties at 201 and 205 Edgewater Ave., Balboa, in said City: a. remodel and reconstruct the structure depicted in the Permit drawing attached hereto as Exhibit A, in accordance with 2 Exhibit B attached hereto; b. dredge material from bayward of said Exhibit B structure,to fill the "omega" shaped basin created by prior permitted dredging in the vicinity of the Exhibit A structure; c. undertake any future dredging in such a manner as will not remove spoil material below a depth established as a line along the center line of said Exhibit B structure be- ginning at a point 2.5' below existing sidewalk level and thence bayward on an 1::6 slope to the U.S. Pierhead Line, as shown in the DPW survey attached hereto as Exhibit C; d.thereafter promptly restore the beach involved at least to the level above described in all cases where beach depths are below said line where it is determined that such condition was occasioned by the wilfull or negligent act or neglect of Permittees; 2. Permittees, for themselves and their respective heirs,successors and assigns, agree that each of their respective properties, described in Exhibit D, attached hereto, for the purpose of determining the size OF vessels as may use said structure, shall be deemed to have but one half of the 50' float, or 25' feet each Cthus limiting the size of vessels which may use the same on any regular basis). 3. DPW, at its sole cost and expense, shall undertake and complete, the following acts: 3 a. remove, protect and safely store any existing pier structures and accessories which it requires to be removed pending completion of the seawall and sidewalk demolition and construction adjacent to said Exhibit D properties of Permittees; b. protect the two each water and electrical lines presently under the sidewalk and serving said existing structure, and encase them suitably so that the same can be attached to said Exhibit B. structure; c. install a suitable metal bracket on the outside of the proposed new seawall, to which the remodelled pier may be attached at the shore end; d. install a step in the new seawall for access to the remodelled pier per the drawing attached as Exhibit E; e. remove all pipe, wood, debris, etc., as may result from its project of seawall and sidewall replacement, from the beach westward of the eastern line of Alvarado Place to at least the western line of Alvarado St. q. Departments concur in the above and shall undertake -their respective parts of the performance of this Agreement. S. A "Notice of Agreement", referring to this instrument and stating that copies thereof are on file with the respective Li parties shall be recorded by Permittees and Permittees shall communicate the place and date of such recording by providing written notice thereof to DPW and Marine promptly after such recording, accompanied by true copies of the document so recorded. S. This is the sole agreement of the parties and all prior and collateral notes, agreements,and memoranda on the subject of the above are deemed merged herein. 7. The prevailing party in any action or proceeding which a party commences in a Court of law in order to interpret or enforce this Agreement shall be entitled to attorney fees and costs as may be fixed by the Court having jurisdiction to hear such action or proceeding. B.As to Permittees only, this Agreement shall be deemed to be an addition and amendment to the Property Owner's Pier Agreement dated 198q recorded July 19,19Bq under Recorders Series No._, O.R. Orange County, California. S. Time is of the essence of this agreement. S. Executed in triplicate originals the day and year first above written. DPW: by Permittees: 5 (Title) MARINE; 0 (Title) 0 r� STACY H. DOBRZENSKY 1221 Broadway, 21st Floor Oakland,CA 9g612-1637 (q 15 ) L15l 3300 December 1`f , 198E Mr. Steve Lug Public forks Department P.O. Box 176E Newport Beach, CA 92658-8915 Dear Steve: I was surprised, and dismayed, upon arrival for the Council Hearing on our pier revision application, at 7:30pm on December 12, to see,for the first time, the Staff Report considered by the Council. You will recall that I had submitted written statements of what we were prepared to do and of what we expected in return from the Marine Department and,in particular, the DPW. You will also recall that you had informed me, in September, that mg written presentation dated July 30, 19BB was agreeable to you and that "it is up to the Marine Department." Also that I informed you that the Marine Department had thereafter agreed to support our applicaton,when made, before the Council. Notwithstanding, none of the items we had agreed to (limiting use of new float on the basis of its being treated .as two 25' floats to prevent its use by a much larger boat, as an example,nor any of the items we had stated we expected of you,a.t least one of which you have since stated is not to be done) are shown as conditions in the Staff Report. It therefore is appropriate to state again the underlying issue involved and to reaffirm our desire to resolve it amicably and to undertake the time,effort and expense involved in remodelling our pier to accomodate the wishes of your department. -The issue: whether to proceed on the basis that a Court will decide whether you can require us to remove, and not to replace, the existing structure, or whether we can pro- ceed on the basis of what we understood was an agreed al- ternative as outlined in my letter of July 30,1988; -We are prepared to exercise the Permit on what we had understood to be the agreed basis. Because we would much prefer to avoid the necessity of proceeding on an adversary basis (in which event it would be our plan to seek to restrain the undertaking of your project as it affects our properties), we are prepared to undertake further discussions with a view to a reasonable interpretation of items Lf.and 5 of "Recommendations" and the last para- graph of "Discussion" set out in the December 12 Staff Report. —.-I I met briefly with Tony Melum on December 13 and came away with the belief that such further discussions would be worthwhile, having discussed with him that I would prepare a document,based on our July 30th memorandum, with a view to a written understanding that would enable us to proceed to exercise the Permit approved by the Council the night before. To prepare such with the care and attention we plan to give to it during the holidays (we will be away December 20-29) is not Feasible but will be done expeditiously and we can then have Further discussions that we hope will be productive. Sincerely,and with best wishes to you and your Family for the holidays, cc: Tony Melum Marine Department Agenda Item No. F-11 CITY OF NEWPORT BEACH Marine Department December 12, 1988 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 113-205 BY STACY DOBRZENSKY AND RICHARD ETTINGER TO REVISE THE RESIDENTIAL PIER AND FLOAT BAYWARD OF 201 AND 205 EDGEWATER AVENUE Recommendations If desired, approve the application subject to the following conditions: 1. Approval of the Plans and Specifications for the revision by the City of Newport Beach Public Works Department, 2. Approval by the Army Corps of Engineers, 3. Approval by the California Coastal Commission, 4. Prior to the revision,.the applicants must return the beaches bayward of their properties at 201 and 205 Edgewater to their original and stable profile, as approved by the Public Works Department of the City, 5. Once the pier is revised, the applicants must be re- sponsible for maintaining a stable beach profile bayward of the bulkhead at elevations and distances bayward of the bulkhead as approved by the Public Works Department. Discussion_ This application is before the City Council as required by Section 23.E. of the Harbor Permit Policies which states: 023. Bayward location of Piers and Floats E. U.S. Bulkhead Stations Number 113 to 114. Piers shall be subject to a special permit approved by City Council." Currently the applicants share a single finger float bayward of 201 and 205 Edgewater. A copy of the existing permit is attached to the Staff Report and marked "Exhibit A". The Public Works Department is currently involved in a project to rebuild a number of the City bulkheads along Edgewater Avenue. In this particular location, the proposed bulkhead to be constructed has the potential for conflicting with the existing dock in that once in place it would not allow the necessary amount of dredging to be done to allow the depth needed to make the structure usable to the upland property owners. In that regard, the property owners have elected, with the City's approval, to move their dock further bayward and orient it parallel to the bulkhead, rather than perpendicular as it now is. Prior to the construction of the revision it will be necessary for the property owners at 201 and 205 Edgewater to return the beach bayward of their properties to a stable profile as approved by the Public Works Department. In the future the applicants can do no dredging that would jeapordize this stable profile and, in fact, they must maintain the stable profile of the beach as approved by the Public Works Department. A copy of the revised dock with the pier and float shown approximately parallel to the bulkhead is attached to this Staff Report and marked "Exhibit B". txy 1 Tony Tidelands Administrator Cl r of Nsi 1pO'Pr BEACH 70 C... Scot. AP N1rIN/ a*r Ie AI 'a I/Lt ��'ar eawfb p FIT. Iwa v Caw.- 0 V1CI MITY SKETCH II Newloar B.wY, CAL IFOaNI.A YF , Sound/�qs ore VAR.-Cssed �� fer! and d��ote dep 10A s below Meoh Zo rvt► Low Wo fei Mor.•.w. ron9e of d/de aPProx�.no�e/Y /O �eei Horoor :n� are eafob/f'shed in 7�h11'5 Sec%on o{Ne..�porf 8oJ wm.;m 5 i(/AME EHcs�..f .�'�'�f�sIC1Z 55 �.?pg mw&eL.JATvW- AYOf e1r �'Z• BLK. A C le A T,¢_ Amac7- -- a117: OATS _ EXHIB1� "B" Cl r r a-52 • LtN! NwmvoiPr 1 I n to $7 (Nor ru y SGGI< �• .tc/ Q 0I . "4 6 ~ ry �6 I14 CN� •wcAow D —O.O�A �y rcwap 3. 7 7flex :s u�r A•I far • • B t 1f�I�' Ewa �eQe Y oR�Opp/ {1L6p �� Ni �CCGrod � r.0I�.1Iw D[On•t � Np s osa w+,tt VICINITY SKETCH NewIORr B.nY CAL BORN/A Soundings owe erp-I'essed in ieef and dr.,ofe dep Ohs & e%w A-Teoj Lower Low Wo jler Afoirmoc/�.s ronge of fide opPrax/nso/e/y i0 ref Horbor /.iles ore eavlob//shed in /h:s , secit my of New,~/ Bar. �i.p • � �ccls y .� � PAP A• c 13 v �iK6c� 3oaRua,r�h P j PAS rQ L r3 —• eft �g.. /,la-B8 C uw/«�t •N L/CA.vTS ,q �FISiC-�-�'tnt�it2 sec►- _ BcK. T.e.ocr WN W 1-20 ,/oe ADDrPE55� �L- JAjr--V- Ava, �.vre.ae rb.e OATS STACY H. DOBRZENSKY 1221 Broadway,21st Floor _ Oakland,CA 9`t612-1B37 (41r) 4S1 December 9,1986 P1r. . Tony Melum Marine Department City of Newport Beach 0 Neil Daf t Pi ec Newport. Beach, CA 926-5-0 Dear Tony: I enclose a copy of the Corps of Engineers Permit dated December 5,1968. You will observe two inconsistencies: 1.In the letter it states that the proposed structure is proposed to avoid interference with your the City's "common property line pier"; 2. On the second page of the General Permit, at the bottom,, items."a." and "b.", limit us to no more than a 20% increase in the "footprint" of the structure, nor increase the footprint beyond the Pierhead line. I recieved the document today and immediately telephone Jerry Salas (213 89q 5606) of the Corps of Engineers. He had called me two weeks ago (November 28) to discuss my letter request. He stated to me the following,when I had outlined the two items above: 1. The error as to what it was the existing pier would interfere with is inconsequential and may be ignored; 2. The Pierhead reference may be'ignored as they no longer worry about the Pierhead line, and "probably we should revise the General Permit form Con the face it indicates that these Permit conditions expire next May)"; 3. The nature of the proposed project is such that the 200 limiting on "areal extent of the structure" is not a limiting factor; Lf. When I.offered to send him a copy of the July 30,198E "Supplement and Amendment" I had sent you and DPW, he said "I would not worry, you have your permit." I trust that this statement will be accepted in clarification OF this point. If you wish to telephone Mr. Salas at my expense, please do so. I will contact you Monday afternoon CI arrive at John Wayne Airport at noon, will go directly to 205 Edgewater Ave C67S 0923) (where a garage door repairman will meet me!). Sincere P--9-Co( 2/ti /dy � SST OF O t7 - O1 P� • DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 2711 LOS ANGELES, CALIFORNIA 9D053-2325 December 5, 1988 Office of the Chief Regulatory Branch Stacy H. Dobrzensky 1221 Broadway 21st Floor Oakland, California 94612-1837 Gentlemen: This is in reply to your application (No. 89-045-GS) dated November 7, 1988 for a Department of the Army Permit to reconstruct an existing permitted pier at 201 and 205 Edgewater Avenue so it does not adversely affect the City of Newport Beach's common property line pier, Newport Beach, Orange County, California. Your drawings have been reviewed and generally conform to the provisions of General Permit GP015 for incremental additions to existing structures in Newport Bay. Provided you have complied with state and local laws, you may proceed with the proposed work. A copy of the General Permit is enclosed. If you have any further questions, please call Gerardo Salas, Regulatory Branch, at (213) 894-5606 any workday before 3:00 P.M. Sincerely, C Charles M. Holt, P.E. Chief, Regulatory Branch Enclosure REPLY TO ATTENTION OF: To Whom It May Concern: DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES. CALIFORNIA 90053 GENERAL PERMIT GPO15 Effective date May 15, 1984 Expiration date May 15, 1989 SUBJECT: The District Engineer, Los*Angeles District, Corps of Engineers, hereby authorizes certain minor modifications of wharves, piers and/or connected docking facilities. AUTHORITY This permit is issued in accordance with the provisions of 33 CFR 320, 322, 325, 326, and 329, entitled "Regulatory Program of the Corps of Engineers" which provides that the District Engineer may issue a General Permit for activities which are substantially similar in nature, that cause only minimal adverse environmental impacts when performed separately, and have minimal adverse curr4ilative effects on the environment. Upon issuance of the General Permit, all activities meeting the established criteria are approved and will not require the submission of an Individual Permit application; however, notification of intent to perform work authorized by this General Permit is required (See Condition c). Any actions within Corps jurisidiction and not specifically authorized by this General Permit will be subject to a Department of the Army Individual Permit authorization requiring a case -by -case evaluation in accordance with 33 CFR Parts 320, 322, and 325. LOCATION The following harbors are included in this General Permit: • Morro Bay Port San Luis Santa Barbara Ventura Channel Islands Port Hueneme Marina del Rey Redondo Beach (King Harbor) Los Angeles Long Beach _ Alamitos Bay s Anaheim Bay (Huntington Harbor, Sunset Harbor and US Naval Weapons Station) • Newport Bay Dana Point Oceanside • Mission Bay • San Diego Attachment 1 contains harbor maps that further aid delineation of those areas to which this General Permit applies. • Activities in Morro Bay, Anaheim Bay, Newport Bay, Mission Bay and San Diego Bay authorized by this General Permit are subject to additional review due to sensitive ecological resources in these areas (See Condition g). EXCLUDED STRUCTURES Structures in the following areas are excluded from work under this General Permit due to their sensitivity as cultural resources: Los Angeles Harbor Berth numbers: 35-48 51-60 83-92 109-116 156-164 180-185 191-195 200H-200T 202-204 212-214 225-229 240 258-267 Long Beach Harbor Berth numbers: 32-86 99-105 San Diego Harbor Structures within 1 mile of Ballast Pt. Structures adjacent to the Star of India Structures neighboring the San Diego Boathouse Port San Luis Harford Pier (Port San Luis Wharf) Newport Structures within 1000 ft of the Balboa Island Ferry runs. Santa Barbara Stearns Wharf SCOPE OF WORK AUTHORIZED The repair, rehabilitation, or replacement of any previously authorized, currently serviceable wharf, pier and/or connected docking facilities found in the above listed harbors, or of any currently serviceable wharf, pier, and/or connecting docking facilities constructed prior to the requirement for authorization, provided such repair, rehabilitation, or replacement: a. does not increase the areal extent of configuration of the structure by more than 20% of its areal configuration as it existed on the date of the General Permit, b. does not increase the areal extent of configuration of the structure beyond the pierhead line, c. does not involve dredging, discharge of dredged or fill material, or blasting, Page No. 2 d. does not involve the construction of a new structure where one did not previously exist, e. dues not involve structures in or adjacent to wetlands, giant kelp (Macrocystis pyrifera), or eel grass (Zostera marina), f. does not involve materials and/or construction activities that may release toxic substances, g. does not cause turbidity levels in adjacent waters to exceed State water quality standards-, h. does not involve any structures whose uses are not water -dependent, i. does not involve projects where Federal property is leased by private parties, j. does not impinge on the historic integrity of properties listed in, or eligible for inclusion in, the National Register of Historic Places, and k. does not impede or obstruct navigation. Additional activities authorized under this General Permit include: a. the demolition of existing wharves, piers, and/or connected docking facilities, b. incremental additions to the areal configuration of the structure(s) such that the cumulative increase in area authorized by this General does not represent more than a 20% increase in areal configuration of the structure(s) as it existed on the date of this General Permit, c. the addition of new connected docking facilities so long as the total final areal configuration of the structures does not exceed by 20% the areal configuration of the original structure(s) as it existed on the date of this General Permit, and d. the repair, rehabilitation, and/or replacement of individual structures in neighboring properties, so as to be one structure such that the total final areal configuration of the structure does not exceed by 20% the combined areal configuration of the original structures as they existed on the date of this General Permit. CONDMON& a. That all permitted repair, rehabilitation, and/or replacement activities shall result in structures of open -pile or floating design. b. That the permittee shall notify the owner or operator of any marked utilities in the vicinity of the permitted structure in writing at least thirty (30) days prior to initiation of the work. c. That the permittee shall notify the District Engineer in writing at least thirty (30) days prior to initiation of the work. This notification shall include: (1) A narrative description of the proposed activity. (2) A sketch or plan of the proposed structure showing pertinent dimensions and location of the Mean Higher High Water (MHHW) line. (3) The location of the proposed structure within the harbor. Page No. 3 (5) A photograph of the proposed structure site and a photograph of immediately adjacent properties. (6) A description of the purpose and intended use of the proposed structure. d. That the permittee shall send a drawing of the completed project to the U.S. Department of Commerce, National Ocean Survey, Marine Chart Division, Code 3221, 6001 Executive Blvd., Rockville, MD 20852, to revise affected nautical charts. e. That the permittee shall contact the Planning Manager of the affected Southern California Edison District at least thirty (30) days prior to the start of the activity to determine if the proposed project will impact any of their facilities. f. That the permittee shall notify the Commander, filth Coast Guard District, Union Bank Bldg., 400 Oceangate, Long Beach, CA 90822, (213) 590-2222 at least two (2) weeks prior to the start of the activity and thirty (30) days if bouys are to be placed. g. That for work on structures in Morro Bay, Anaheim Bay, Newport Bay, Mission Bay and San Diego Bay, the permittee shall notify National Marine Fisheries Service (NMFS), Environmental Assessment Branch, 300 S. Ferry St., Terminal Island, CA. 90731, in writing at least thirty (30) days in advance. The notification shall be simultaneous with and identical to that given to the District Engineer (See Condition c). NMFS will respond to the District Engineer in 15 calendar days if the proposed work is in or adjacent to eel grass beds (Zosteramarina). Upon determination that the proposed work would be in or adjacent to such habitat, the District Engineer will determine the action is not within the scope of this General Permit, and will require an individual evaluation in accordance with 33 CFR Parts 320, 322 and 325. Such a determination will normally be made within thrity (30) days of notification by the permittee. h. That the permittee shall permit the District Engineer or his authorized representative(s) or designee(s) to make periodic inspections at any time the District Engineer deemed necessary in order to assure that the activity being performed under authority of this General Permit is in accordance with the terms and conditions prescribed herein. i. 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. j. That if the permittee, during prosecution of the work authorized herein, encounters a previously unidentified archeological or other cultural resource within the area subject to Department of the Army jurisdiction that might be eligible for listing in the National Register of Historic Places, he. shall immediately notify the District Engineer. k. That work can not adversely affect neighboring properties in the vicinity of the permitted structure (see also Condition e). 1. That the District Engineer may upon reviewing the information supplied under Condition c determine that the action is not appropriate under this General Permit, and require an individual evaluation in accordance with 33 CFR Parts 320, 322, and 325. Such a determination will normally be made within fifteen (15) days of notification by the permittee (for exception see Condition g). Page No. 4 m. That the activity identified herein shall be consistent with the terms and conditions of the General Permit; and that any activity not specifically identified and authorized, therein shall constitute a violation of the �.erms and conditions of said General Permit and may result in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this General Permit has been previously modified, suspended, or revoked in whole or in part. n. That the permittee shall make every reasonable effort to prosecute the work authorized under the General Permit in a manner so as to minimize any adverse impact on fish, wildlife, and natural environmental values. o. That this General 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 thirty (30) days after publication of written notice of such action which shall specify the facts or conduct warranting same. p. That the permittee conduct the work in a manner so as to minimize any degradation of water quality. Turbidity due to construction shall be restricted to the immediate project area and pollutants shall not be discharged or allowed to enter the water. q. That this General 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 obviate the requirement to obtain State or local assent required by law for the activities authorized herein. r. That the permittee shall obtain all necessary authorization from the California Coastal Commission. Federal agencies may be required to file a Consistency Determination with the Commission, all other permittees may be required to obtain a permit from the Commission. s. That this General Permit does not authorize the interference with any existing or proposed Federal Project and that the permittee shall not be entitled to compensation for damage 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. t. That any modification, suspension, or revocation of this permit shall not be the basis of any claim of damages against the United States. u. That in issuing approval .to perform work under this Permit the Goverment has relied on the information and data which the permittee has provided in connection with his notification. If such information and data prove to be false or inaccurate, the permittee will be required to apply for an Individual Permit. The Government may, in addition, institute appropriate legal proceedings. v. That this General 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. w. That the activities will not affect a threatened or endangered species as identified under the Endangered Species Act, or endanger the critical habitat of such species. x. That this General Permit may be either modified, suspended or revoked in whole or in part pursuant to the policies and procedures of 33 CFK 325.7. y. That the permittee shall not allow construction debris to enter the water. Page No. 5 DURATION OF GENERAL PERMIT This General Permit will be in effect far a period of five (5) years from date of issuance. DEFINITIONS a. Adjacent - within the maximum width of a vessel berthing or landing at a structure. b. Configuration - the outline of a wharf, pier and/or connected docking facilities as viewed from above. c. Connected docking facilities - docking facilities attached to or associated with a wharf or pier. d. Dredged material - as defined in 33 CFR 323.2 (i-j). e. Fill material - as defined in 33 CFR 323.2 (k-1). f. Pier - a structure, usually of open construction, extending out into the water from the shore, to serve as a landing place, rather than to afford coastal protection. g. Structure - a wharf, pier, or connected docking facilities or combination thereof. h. Water -dependent - primarily dependent upon being locaed in, or in close proximity, to the aquatic environment. i. Wetlands - those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions. These include swamps, bogs, marshes, and similar areas. j. Wharf - a structure built on the shore of a harbor so that vessels may lie alongside to receive and discharge cargo and passengers. By authority of the Secretary of the Army: IM MAY 15 1984 Paul W. Taylor Date Colonel, Corps of Engineers District Engineer Page No. 6 Attachment 1 Maps of Harbors Included in General Permit These figures indicate the areas included in this General Permit. Bold lines delineate areas included in the permit; when no bold lines are evident the entire mapped area is included in the General Permit Hatched lines surround areas within the harbors that are excluded from the General Permit. These maps may not illustrate all of the structures present in the harbor due to the scale of the maps or to construction subsequent to map production. Therefore, the intended use of these maps is only to generally illustrate the geographic regions included in this General Permit. Mr. Tony Melum Marine Department City of Newport Beach 70 Newport Pie!. --- Newport Beach,CA 92650 Tony: Herewith a copy of State Lands Commission response re out application. Had a telephone call yesterday from Jerry Salas of the U.S. Corps of Engineers. He asked for clarification of my letter to them and,when I had explained what the situation is, he stated that he would "give it the ok." No mention of Pierhead Line. Will send a copy when received. S 1221 r Oakland,CA 94612-1837 (415) 451 3300 November 3O,1988 Mr. Tony Melum Marine Department City of Newport Beach 70 Newport Pier Newport Beach,CA 92650 I enclose a copy of letter received from the Regional Water Quality Control Board, for your file. The question of anchoring the pier at the seawall end is the subject of the following from a letter today to Plazi Miller, in case the question comes up. I am enclosing a revised drawing showing a small "wide spot" at the bayward end of the pier, with the requisite number of copies in case the revision has to be before the Council. I am flying down on December 12 (arrive about noon,returning the next day at 2. Will contact you "just in case." Sincerely, ��7 k Pp�T CITY OF NEWPORT BEACH U '= P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 cqc, Fo aN�P October 26, 1988 Stacy H. Dobrezensky 1221 Broadway, 21st Floor Oakland, CA 94612-1837 Re: 201 and 205 Edgewater, Pier permit DPW Seawall, etc, Reconstruction Dear Mr. Dobrezensky: Attached you will find an application package and a seawall detail for the projects underway bayward of the above property. Please complete the application package and the attached 3 x 5 card and return to my office at your earliest convenience, so that this matter regarding the revision of your pier can be brought to the City Council as soon as possible. It is my understanding that Public Works Department wishes to begin the project to redo the seawall sometime between February and June of 1989. Referring to the detail which is attached, Detail A would indicate the configuration of the bulkhead on either side of the pier entrance. Detail B would indicate the bulk- head configuration where the pier would meet the bulkhead and in that detail you can see there are steps leading from the sidewalk up to the pier. Detail C would be the configuration of the bulkhead at Alvarado Street end. Detail B has a step to take you up to your pier. Your pier cannot be allowed to attach to the seawall; it must be freestanding. The City Council must approve whatever dock revision is requested. The Council meets on the 2nd and 4th Mondays of each month. There is only one meeting in December. Please submit your application as soon as possible and indicate what meeting would be convenient for you; then we will attempt to schedule the permit hearing on the Council Agenda for that meeting. If you have questions regarding the above please call me at 714-644-3044. Sincerely, p Tony rlum, 3 lewpor ` `outevaratffewport Beach CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 Newport Boulevard P.O. Box 1768 Newport Beach, Ca. 92658-8915 Date: 11-22-88 TO: Marine Department ATTENTION: Tony Melum SUBJECT; Proposed Seawall Adjacent to 201-205 Edgewater We are transmitting the following: No. Copies 2 Copies Description Beach profiles adjacent to the subject property. REMARKS: For the purpose of determining a datum for a stabilized beach adjacent to the subject property, the maximum allowable distance from the top of the bulkhead (elev. 9.00 M.L.L.W.) to the top of the adjacent sand beach shall be 3.67' or elev. 5.33 M.L.L.W.. The slope for the sand beach adjacent to the subject property shall be maintained at 16.67%. It will be the responsibility of the property owner to create and maintain the above conditions for the beach adjacent to his home. If you have any questions or need additional information, please feel free to call me at (714) 644-3311. Sincerely Ste hen J. P Y Associate Civil Engineer STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD .....Ca SANTA ANA REGION ,.,,.. 0 6809 INDIANA AVENUE, SUITE 200 RIVERSIDE, CALIFORNIA 92506 0 PHONE: (714) 782-4130� :a «� November 16, 1988 Stacy H. Dobrzensky 1221 Broadway, 21st Floor Oakland, CA 94612-1837 PROPOSED PIER RECONSTRUCTION, CITY OF NEWPORT BEACH Dear Sir: If standard dock construction methods and materials are utilized, this project should not affect water quality. A statement has been submitted that there will be no -waste discharged from the vessel(s) moored at this dock. Based on these assurances, clearance is provided. Sincerely, Joanne P. Lee WRC Engineer JPL:eyp STACEY H . DOBRZENSI:Y �`�f „ /2'd w i. 1221 BROADWAY, 21ST FLOOR S 40 OAKLAND, CA 94612-1837 4. One very important item: the anchoring of the shore end of the pier: -Steve Luy is sticking by his guns re attaching to sea wall; he thinks "one yard of concrete is not enough", suggests the pad you suggested ex- tend down to bottom of sea wall. The enclosed de- tail indicates that to be 3' 10" below the top OF sidewalk and we are told that the top of the seawall will be 15" above the seawall at our lo- cation, which seems to indicate 5' 1" from top to bottom. -Luy also says their contractor will likely be willing to take on the task --suggesting that after the forms are stripped from the new seawall, that the bay side be the form for our "pad",with regular forms on the other 3 sides. -Assuming that the existing "T" head is about 9' out from the existing seawall, if we used that for the new pier (i.e.,simply left in place),then put in piles at center and end points, I wonder if Luy would let us anchor the shore end to the sea wall, since 90e of the load will be on the "T"? I believe we are perhaps one of very few piers where this anchoring could be a problem --most of the others in the project area rest on the sand and will end up very close to the sand ---we are up to 3" B" above the sand. -We will much appreciate if you would discuss with Steve Luy at DPW and figure out the best plan. He already knows I am quite critical of their backing down on their agreement that we could attach to the seawall (that was included in the written material ,J had filed with DPW and the Marine Department just Prior to both saying "OK" to my proposal. I was not informed of the "new policy" until much later,and after I had filed the permit application in reliance on that understanding. STATE OF CALIFORNIA GE AE DEUKMEJIAN, Governor STATE LANDS COMMISSION 1807 13TH STREET' SACRAMENTO, CALIFORNIA 95814 IfL<T✓'` Nr 3` S November 15, 1988 File Ref: SD 88-11-08 Mr. Stacy H. Dobrzensky 1221 Broadway, 21st Floor Oakland, California 94612-1837 Dear Mr. Dobrzensky: The staff of the State Lands Commission has received your letter dated November 2. 1988, and attached drawing relative to the proposed pier reconstruction, 201-205 Edgewater Avenue located in the City of Newport Beach. The tide and submerged lands over which the proposed project will extend are located waterward of the adjudicated mean high tide line as set forth in Superior Court Case No. 24080 and 24090 onto sovereign lands of the State of California that the Legislature granted in trust to the City of Newport Beach pursuant to Chapter 74, Statutes of 1978, and as subsequently amended. Therefore, you need not apply to the State Lands Commission for project authorization. You should, however, apply to all other agencies having approval authority. This action does not constitute, nor shall it be construed as, a waiver of any right, title, or interest by the State of California in any lands under its jurisdiction. Please contact Nanci Smith, at (916) 322-7193, if you require additional assistance. Very truly yours, LESLIE H. RIMES, Deputy Chief Division of Land Management and Conservation cc: Robert L. Wynn, City Manager City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92660 69051 Stacy H. Dobrzensky 1221 Broadway,21st Floor Oakland,CA 9g612-1837 Cg15) q51 3300 November 1,1988 Mr. Tony Melum Tidelands Administrator City of Newport Beach P.O. Box 176E Newport Beach,CA 92658-8915 Re: 201 and 205 Edgewater,Pier Reconstruction Permit Application (DPW Seawall project). Dear Mr. Melum: Herewith Application with enclosures per your letter to me of October 26,1988. I have had to send the original Application Card to Mr. Ettinger for his signature and delivery to you. Meanwhile I enclose a copy with all but his signature,with check for the permit fee attached. I can make whatever Council meeting we can make. I plan to be in Balboa for Thanksgiving and could thus easily make the qth Monday(11t28),but that may be a bit soon. The second Monday in December CI assume the qth Monday is the meeting they skip), which is the 12th, would be the second choice. Call me,collect if you wish, if there are problems or questions. 5' �Hobi&rzenskyere1yS acy cc: Richard Ettinger Plazi Miller NAME b PBR STi�.,. ' MAILING ADDRESS yt .L ADDRESS OF PROPOSED FACI�L�I/TY 'r�/'/(Y- pi d.GQJ�W PERMIT �B lbe,L �aAK44n'� R�.t_rcc�Gl= L PHONE Z` APPROVED No. CHECK NO. BY; DATE 07D /! 7415 �I `•��` DATE APPLICATION OCHD ❑ IS vu HEREBY MADE FOR q ARBOR PER!d lT TO ENGR ❑ �IP.EVISE A�� AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF I NEWPORT BEACH COUNCIL ❑ PERMIT POLICIES AND THE ATTACHED DRAWING -- BY —ow Ne,Q PUBLIC WORKS ❑ DEPT. 'DATED Lift --�� COMPANY ESCROW 11 DATE INSPECTION El Ste_. SIGNATURE .� _ I ❑ SPECIAL CONDITIONS: CITY OF NEWPORT BEACH, CALIF, WX FORM E6.1010 A��•4N- R scc(t) W. a<< + b .• iv E. •♦ .r 10 �b•a�• � ~� ttM� �` �s.�en, R TQ 0 •n�yo D —O.Do AtW --3»'suw A' fof�l • e ,' 40 ru reel Q C i Red w� VICINITY SKETCH sv"r-farr Nrrwooar BAY C. L tr:oaKrp y s lsrrr 7 SO Sou�dnys owe oXpiessad in few and dino% dop0AAr below tiieorl GOWQI LOW Wolter. ti/oxn.w..s ro pye of rode opProx/nro�i/y /0 V%64.. Hoehap- /.ices ore ear'ob/�stiad i� >'�iis.secfiot of,1/ew.p,orf Bob: a . AF r '- p�RteL A• � -- •- o 41iw6cR aeaRuucth P� -".t J '— a4.tc • - 4ypl' t• - �tZeNe -r-Eer Bc,r. T, AC7' t-JATWW- AVO. s.g A &*Vgodw ..ors..9 rf� CbAIrrAc rb.e OAr4i _ a.IMOVINEWPORT BEALCH a 4xr7 P. " z - �`- }v d• "d t`r::.--. '$:4g $GA * --..�+.,. - 4 u•'t, �. MAlmirAf.4 ThE FAi� l.1#; : cs■� E' ter: `4 ;"��s _ 7 - t �- w . "SiT ..,EP�Da 6y$ s qmn F.' e i✓ Q37 rJ 7 ttATlt, HARSO PEE - i" gyp.cyax � r'�`J.�i�Ese ,fig! ANIr #NY SPECBAL CCFW� 4s NaT r ra � _ T b, SHE CAT1f�#"' IGWTS,4'ivF i fE rBi€sL T�2.3 i .c is' ?'3°0� ©o°sLt '. 4ND Tk15 P.:. A .� :aSia gar 2 a�..-. t 00JNCIL e r [ �N ACCORDA�:a. iYLlW'TiTLi£ li G� a.. tti6si�z<.®::!::. CODE. r x "- ter^'• , � ��-"''�� :fir r1��3'`,�•`saa�.�,� - _ - - - ---�--- CITY pig;ATA 3- zoo 01 Corps 4f Engineers Perna 1.2- Orono Ceudy Pfjrmsf 16�� Oum A.aV 0 1nm By CITY COUNCIL �; r �. ti ` ¢,, r ry� -'Wa'��" 3 t -' f--',• ra. 4 w� k.i! �r tS t.- -c � ��`f•.: +! Vi ...- .. .. , .� .. ....... . ... •-•. .. ,....... .. ,w, .. , ..., a .. ..,.. ..c¢..C.rM1ztd«.u. .w.K.7,rnw..+r4lrsx+b+pi,igt•' 1 iE� KN�r , t CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 Newport Boulevard P.O. Box 1768 Newport Beach, Ca. 92658-8915 Date: 10-25-88 TO: Marine Department ATTENTION: Tony Melum SUBJECT; Proposed Seawall Adjacent to 201-205 Edgewater We are transmitting the following: No. Copies 2 Copies Description Seawall Cross-section Adjacent to Dobrzensky Property. Remarks: Please transmit a copy of these cross -sections to Mr. Dobrensky as soon as possible. In addition, please inform him that we intend to construct somewhere between February and June of 1989. If you have any questions or need additional information, please feel free to call me at (714) 644-3311. Sincerely Stephen J'. Lu Associate Civil Engineer x v EL • S. 0 - -'• � ' � - - P6P10!! fa'/EYING - PLC J106NR/K 6� . i NOT/Y! 1RN0 OFNS/F/A0 �— TO /00 % RFIRT/Y! COOrOIT/ON ®ETA/L A PC[ saAwu IN FROND OF Foe/VATS vRaphroTY A..T.S. 1 1 1 EL 9.0 0 :' N O O RfPIOfF FJGil/NO � PCC J/OfNPI.0 o.. 'e b • M Z— NOl/Yf SANO DENS///!O TO /00 We RrG riYF lOOIPRl T/ON DETAIL E PCC SEABV416 i!T P,9/Vgrs P/ER 6NA?ANCE AT.S. T `b `: ;..i. . Pfarsce i � O / EX/STlNL PCC 1Y8®�Bf� 4r •w .( V S/OEd.OIR •• , '2� NATIVE JRNO Drwr w TD /00 / RPCAT/YQ zvm, iC'T/ON DETA/G C ACC X54=LL XF JTREET ENDS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEAWALL ALVAR.AD•O ST. TO AILVARADO PL . DRAWN ✓W DATE 66-z4'88 APPROVED REF. PLAN H-512 3-s California Coastal Commission South Coast District Office P.O. Box 1450 Long Beach, CA 90801 (213) 590-5071 (714) 846-0648 APPF.NTITX F APPROVAL IN CONCEPT - - APPKOVAtZN r,�n�('FPT $Y THE CITY/eeO C OF NCuI P6 ( FGf H as required for permit application to the California Coastal Commission, South Coast itiagioil pursuant to California Administrative Code, Section 13052. COMPLETE Description of Proposed Development: IQ.euj. e_ Y-R-eA oAe-L. 2Yr-. 571 u 6 -PI eA- a-FL44-7'- 7D /;-v o 1A 6-d* p& 7,11 0 v d r e � w akc-a-S r vo- pf'-cave M eA;�3- Property Address COI -�Of E�� ula7`e`C v� palk,,4, 44 Legal Description: Zone: Applicants): J)o 2A,ZeAJYIZ 621 CX 4A P 1-�y7444 Applicant's Mailing Address: _ ( 2_ Lt 6, a l DAL c O ,v0, c r¢ IiV bl i 2- Applicant's Telephone Number: All{_ 2260 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the I shoreline, 2. The grading plan, if any, 3. The general uses and intensity of use proposed for each part of the area covered in the application, and find. Thev comply with the current adopted City or County General Plan, Zoning Ordinance, Subdivision Ordinance, and any applicable svecific or precise plans, or That a variance or exception has been approved and isfinal. A copy of any Va11dLLl:e, exception. conditional use permit, or'_.other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed, and dated. E-.1 Should this City or County adopt an ordinance deleting, amending, or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project location thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act of;_1970, and State and local guidelines adopted thereunder. this development: Has been determined to be ministerial or categorically exempt. Has received a final ExemFtion Declaration for final Negative Declaration (copy attached). Has received a final Environmental Impact Report (copy attached). This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes, and regulations of this City or County. THE APPROVAL IN CONCEPT STAMP MUST BE AFFIXED ON ALL SUBMITTED PLANS, THIS REQUIREMENT WILL BE IN ADDITION TO THE APPROVAL IN CONCEPT FORM THAT IS NOW REQUIRED. I hereby certify that all information contained -in this approval in concept is correct and that all discretionary approvals legally required of this City or County prior to issuance of a building permit have been given and are final. The development is not subject to rejection in prin- cipal by this City or County unless.a substantial change in it is proposed. Planning Director By: Printed Name and Title of Individual Signing Date::- Attachments: 1. -. 2. 3. 4. E-2 ' I. Attachment X To: Permit Applicants From: California Coastal Commission, South Coast District Subject: Standard Conditions . The following standard conditions are imposed on all permits issued by the California Coastal Commission. STANDARD CONDITIONS 1. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit andacceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission - approval. 4. Interpretation. Any questions of intent or interpretation of'anv condition wi a resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hotr advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Lend. These terms and conditions shal a perpetual, and it is the iretention of the Commission and the permit.tee to bind all future owners and possessors of the:.subject property to the terms and conditions. SCHEDULE OF FEES FOR FILING AND PROCESSING PERMIT APPLICATIONS: Fees. (A) Permit filing and processing fees, to be paid by check or money order at the time of the filing of the permit application, shall be as follows: I. Twenty-five dollars ($25) for any development qualifying for an administrative or emergency permit.. 2. .Fifty dollars ,($50) for single-family homes or for any development of a. type or in a location such that it would ordinarily be scheduled for the consent calendar. 3. Seventy-five dollars ($75) for divisions of land where there are single-family homes already built and only one new lot is created by the division and for multi -family units up to 4 units, or for any other development not otherwise covered herein with a develop- ment cost of less than $100,000. 4. Two -hundred and fifty dollars -($250) or fifteen dollars ($15) per unit, whichever is greater, but not to exceed two -thousand five -hundred dollars ($2,500) for multi -unit develop- ment greater than 4 units, or for any other development root otherwise covered herein with a development cost of more than $100,000 but less than $500,000. Two -hundred and .fifty dollars ($250) for office, commercial, convention or industrial development of less than 10,000 gross square feet. 5. Five hundred dollars ($500) for office, commercial, convention or industrial develop- ment of more than 10,000 but less than 25,000 gross square feet, or for any other develop- ment not otherwise covered herein with a development cost of more than $500,000 but less than $1,250,000. 6. One thousand dollars ($1,000) for office, commercial, convention or industrial develop- ment of more than 25,000 but less than 50,000 gross square feetorfor any other develop- ment not otherwise covered herein with a development cost of more than $1,250,000 but less than $2,500,000. 7. One thousand five hundred dollars ($1,,500)..for,office., commercial, convention or indus- trial development of more than.50,000 but less than 100,000'gross square feet or for any other development.not covered otherwise herein with a development cost of more than $2,500,000 but less than $5,000,000. 8. Two thousand five hundred dollars ($2,500) for office, commercial, convention or.indus- trial development of more than 100,0.00.gross square feet or for any other development cost of more than $5,000,000 and for any major energy production and fuel processing facilities, including but not limited to, the construction of major modification of offshore petroleum production facilities, tanker terminals and mooring facilities, generating plants, petro- leum refineries, LNG gassification facilities and the like. (B) Where a development consists of land division, each lot shall be considered as one residential unit for the purpose of calculating the application fee. Such residential unit shall include a single-family house, if proposed together with the land division. Conversion to condominiums shall be considered a division of land. (C) The application fee shall be determined from the type and size of the proposed develop- ment, except that where Ithere is conflict over the applicable fee, the Executive Director may use the project cost to determine the fee. (D) In addition to the above fees, the Regional Commission or the Commission may require the applicant to reimburse it for any additional reasonable expenses incurred in its con- sideration of the permit application, including the costs of providing public notice. (E) The Executive Director may waive the application fee in full -or in part where the application concerns the same site and a project substantially the same as`an application previously processed by the Regional Commission and no substantial staff work is required. (F) The Executive Director shall waive the application fee where requested by resolution of the Commission. D- 2 LEGAL DESCRIPTIONS P01 En GE.WA ER . AVE (Ettinger): PARCEL 1: Lot 1 of the Subdivision of Block C of Newport Bay Tract, in the City of Newport Reach, as per map recorded in book 4, page 29 of Miscellaneous Maps, records of said Orange County. PARCEL 2: .That portion of Lot 2 of the Subdivision of Block C of Newport Bay Tract, as per map recorded in book 4, page 29 of Miscellaneous Maps, described as follows: Beginning at the most Northwesterly corner of said Lot 2; thence Southerly along the Westerly line 68.75 feet to the Southwesterly corner of said Lot; thence Easterly along the Southerly, line of said Lot 5 feet; thence Northerly parallel to the Westerly line of said Lot 2 a distance of 67.10 feet, more or less to the Northerly line of said lot; thence Westerly to the point of heginning. PARCEL 3: That portion of Lot 88 of the Subdivision of Block C of Newport Bay Tract, as per map recorded in book 4, page 29 of Miscellaneous Maps, described as follows: Being all that portion of -'said lot lying West of the pro- longation Northerly of a line that is 5 feet Easterly of., and parallel with, the Westerly line of Lot 2 of said Newport Bay Tract. 205 EDGEWATER AVE (Dobrzensku): Parcel A: All that portion of Lot Eighty-eight of Subdivision of Block C of Newport Bay Tract, as- shown on a Map recorded in Book 4, page 29 of Miscellaneous Maps, records of Orange County, California, described as: Being all that portion of said Lot lying East of the prolongation Northerly of a line that is 5 feet Easterly of and parallel with the Westerly line of Lot Two of said Subdivision of Block C of Newport Bay Tract. Parcel B: PARCEL 1 (Formerly a portion of Lot Two and all of Lot Three) of Subdivision of Block C of Newport Bay Tract, as shown on a Map recorded in Book 4, page 29 of Miscellaneous Maps, records of Orange County, California, and Resubdivision No. 444 dated April 4, 1974, City of Newport Beach. EXHIBIT "A" LEGAL DESCRIPTION 2u r "stwATYti Parcel A: All that portion of Lot Eighty-eight of Subdivision of Block C of Newport Bay Tract, as shown on a Map recorded in Book 4, page 29 of Miscellaneous Maps, records of Orange County, California, described as: Being all that portion of said Lot lying East of the prolongation Northerly of a line that is 5 feet Easterly of and parallel with the Westerly line of Lot Two of said Subdivision of Block C of Newport Bay Tract. Parcel B: PARCEL 1 (Formerly a portion of Lot Two and all of Lot Three) o-Subdivision of Block C of Newport Bay Tract, as shown on a Map recorded in Book 4, page 29 of Miscellaneous Maps, records of Orange County, California, and Resubdivision No. 444 dated April 4, 1974, City of Newport Beach. EXHIBIT "B" LEGAL DESCRIPTION zo ! 0d6e wk7+1- PARCEL 1: Lot 1 of the Subdivision of Block C of Newport Bay Tract, in the City of Newport Reach, as per map recorded in book 4, page 29 of Miscellaneous Maps, records of said Orange County. PARCEL 2: That portion of Lot 2 of the Subdivision of Block C of Newport Bay Tract, as per map recorded in book 4, page 29 of Miscellaneous Maps, described as follows: Beginning at the most Northwesterly corner of said Lot 2; thence Southerly along the Westerly line 68.75 feet to the Southwesterly corner of said Lot; thence Easterly along the Southerly line of said Lot 5 feet; thence Northerly parallel to the Westerly line of said Lot 2 a distance of 67.10 feet, more or less to the Northerly line of said lot; thence Westerly to the point of heginning. PARCEL 3: That portion of Lot 88 of the Subdivision of Block C of Newport Bay Tract, as per map recorded in book 4, page 29 of Miscellaneous Maps, described as follows: Being all that portion of..*said lot lying West of the pro- longation Northerly of a line that is 5 feet Easterly of., and parallel with, the Westerly line of Lot 2 of said Newport Bay Tract. Stacy H. Dobrzensky 1221 Broadway,21st Floor Oakland,CA 9Lf612-1837 C LI15 ) `f51 3300 Mr. Tony Melum July 30,1988 Marine Department City of Newport Beach 70 Newport Pier Newport Beach,CA 92650 Re: 201-205 Edgewater Pier Permit, DPW seawall,etc., reconstruction. Dear Mr. Melum: The enclosed "Supplement and Amendment to Memorandum of April 26,1988" was prepared following the series of conferences and conversations,between the undersigned and Mr. Ettinger with you and Mr. Lug of DPW, during June and July. This "Supplement and Amendment...." is intended as our response to the position of DPW, that the continued maintenance of our pier,following their planned construction, is not possible unless we can present some acceptable alternative solution. Having in mind that "time marches on", please give this matter your early attention with a view to an agreed solution to the problems so .presented. When you have done so, and if you will send me the requisite forms,I will prepare the formal applications and,in the process,revise the enclosed and the prior April 26 Memorandum for inclusions. Sincerely and with appreciation for your time and attention to our quest for amicable resolution of difficult questions, 64 c kU Stacy H. obrzensky cc: Steve Lug Richard P. Ettinger Llewellyn E. Thompson,III Stacy H. Dobrzensky 1221 Broadway,21st Floor Oakland,CA 9g612-1837 (It15) q51 3300 July 30,1988 SUPPLEMENT AND AMENDMENT to MEMORANDUM OF APRIL 26,1988. A.Additional Facts: 1. The pier extending bayward from the common property line between 201 and 205 Edgewater Ave. rests on a struc- ture that was designed to support and protect the ad- jacent seawall and sidewalk in front of said properties. The structure was not maintained adequately by the City and as a result is badly deteriorated, to the point that it, the seawall and sidewalk require replacement,hence the DPW project. The structure extends, from the seawall corner on the prolongation of the west property line of 201 Edgewater, easterly approximately qO', and south- westerly approximately 25'. The pier extends out from a point approximately lq' west of the eastern end. It extends,outward from the sidewalk, approximatly q 1/2' at the east end; 6' at the pier, and 10' at the corner; in height, it is approximately q' from the sand up to the sidewalk level. 2. The DPW survey of the existing beach shows "End ❑f Dock" at Sq',whereas the 198q Permits provide for 56' For the end of the float,2' beyond the Pierhead Line. 3.DPWs recently proposed pier location puts the center- line of the proposed float on the Pierhead Line, at 5q', with a depth below MLLW of-2.q3'; the Pier and Dredging Permits provide for-3.00'. Further,DPWs drawing omits the 6' "stub" Cneeded as a landing for the gangway and for the stability of the overall float structure) the shore end of which would be 9' further in,where the depth at MLLW would be-.1t35'1 q. SEA Contractors,Inc.,("Plazi" Miller) confirms the property owner's understanding of the threat to the pier gangway and float, and to boats tied up, when grounding occurs at low water, and to the ineffectiveness of hinging the stub. 5. With reference to the Pierhead Line: a. Elsewhere, the Bulkhead Line is bayward of the sidewalk, and the Pierhead Line is 80' beyond that. 1 b. The subject property is in a "transition zone" between the 80" Pierhead Line at Coronado St., and the 50'at Alvarado St. In fact, the Bulkhead Line comes inshore at about the shore end of the subject pier and actually crosses into and through the 201 Edgewater property --which puts the existing and proposed seawalls bayward of the Bulkhead Line in that stretch! Were the Bulkhead Line to remain off- shore,as it is from Fernando to Coronado Sts., the proposed Pier would be within the Pierhead Line! c. The first pier easterly of the subject pier (a- cross Alvarado Place) extends out 90'from the side- walk to the Pierhead Line, the subject pier q8'; Bay Island piers appear to be well beyond the 50' Pierhead Line surrounding the east end of the Island; d. Elsewhere, both Bulkhead and Pierhead Lines parallel the shore; e. As demonstrated in the 1983-q Permit proceed- ings, the Council has the power to permit exten- sions beyond the Pierhead Line where the circum- stances warrant; F. The west end of the Bay Island channel is severely restricted by shore and Bay Island piers and boats, limiting the channel to what appears to be 20-25'. B. Four Key Factors Appear: 1. Particularly in the subject location,where the deter- iorated protective structure is located, the DPW seawall and sidewalk project appears to be necessary for the protection of adjacent properties,and for the safety and convenience of those using the sidewalk. 2. Beach preservation and the maintenance of a stable beach gradient,particularly in view of the condition of the existing structures, is a desireable objective. 3. The unusual location and configuration of the particular Bulkhead and Pierhead Lines should not work to defeat the needed public works described, particularly when viewed in the light of the circumstances described above and the fact that they were laid out by the Corps of Engineers eighty years ago. q. The 198q Pier and Dredgine Permits were approved after lengthy and thorough consideration of the circumstances of the seawall structures and the beach, effects on them of necessary dredging and redredging, and have since been the subject of the construction, use and maintenance of the permitted pier facilities. The permits and associated 2 property rights are not now subject to unilateral revocation. C. Conclusions: 1. The requirements of DPW with reference to protection of the proposed new seawall, the proposed beach gradient C1::6 from 2.5' below the existing sidewalk level) appear to be appropriate (i.e.,the property owners are willing to accept DPW's judgment on that point); 2. The property owners are prepared to accept MLLW-2.Lt3' rather than-3',but only at the shore end of the proposed Float; the west end of the 50' float would have MLLW - 3.77'. 3. The property owners are prepared (a) to spend the estimated $10,000 in "remodelling" their permitted pier so as to extend further out, - to substitute a 6'x50' float at right angles to the Pierhead Line, with the shore end of the required 6'x6' "stub" at the Pierhead Line. The existing Permit allows extension 2' beyond the Pierhead Line; the proposed configuration,with "stub" would extend 10' beyond the 2'; (b) to agree that, as to each of 201 and 205 Edge- water Ave, each would be deemed to have but one half of the 50',or 25' each (thus limiting the length of craft that can be tied up --rather than to treat the entire 50' as available for a single boat); and Cc) to agree that future dredging will not be per- mitted to go lower than the beach on the 1::6 grad- ient,from 2.5' below existing sidewalk level,in- shore of the Pierhead Line. q. The property owners require that,in addition to the conditions required of DPW in the April 26,1988 Memo, DPW agree to arrange with its contractors: l.to protect and safely keep any of the pier structure and accessories required to be removed Cat its expense) for construction; 2. to protect the existing two each water and elec- trical lines under the sidewalk,encasing them in suitable tubing or other acceptable material; 3. to install a suitable metal bracket,on the out- side of the new seawall,to which the restored pier can be anchored; 3 q. to install a step from the sidewalk substan- tially in accordance with the attached sketch/ design. D.ENCLOSURES: 1. Pier Permit, dimensions establish permitted length C8' sidewalk [per DPW beach survey] + 9'+17'+22'=56'). 2. Relationship, Bulkhead and Pierhead Lines east and west from Coronado St.,and on Bay Island. 3. Owner's plan Crevised Permit dwg); q. Owner's Plan Crevised aerial); S. Owner's plan Csurvey data,depth,locations); 6. Construction detail sketch -step; 7. Photographs;structure, dredging need. It is submitted that the four factors mentioned can equitably be served in the manner here proposed: the interests of the City, both as represented by DPW and by the Narine Department, are advanced; the rights of the property owners protected Cat considerable expense to them). Unless DPW can lower the beach level substantially below -2.5', or provide a new bulkhead,or other deeper structure, no other Feasible solution appears. Richard P.Ettinger Stacy H. Dobrzensky by St c�Hcffzen)sky" c cc: Steve Luy,DPW Richard P. Ettinger Llewellyn E. Thompson III Ul N 73 171 1 �- --t- LVAR,t►t� ST. I I .. ALV I I4 I% i� J N C Lam\ O :0 rn :t SIM to z n I a OCRtrtnl�nS=�`t N mnr=07777 ZOOZZ l• J O V m v 1 rt m mm k�ly —i i ►t. d +^4 V oi, � 4 ►• 04� x of k�^� IY o Q Ell dr lux biE i � V� ori � .ylE' ,.ZZf• . Elf �V1 lit' glf n \ C 019 o c 0 v blf' SIG .ilfl 0; 0 0 .dad� s�w - o, czr CIF -U� rnm I�r - c� I IS,- I� a .rn I� �O P- s C♦ T Y of /VE•�,00,Pr BEAcH Bcooe^ N off tip � • e � i 0 tom• ��t w � 1 � d wN i�t� S P L!4 n1 E w MIr•III • •� . 30 ..8 � I,I4 t�rr lea oA e D ltl4. p as c �- Ina ems♦ �� C` /., O a aaa r.t VICI AMITY SKETCF-al •""'Jl'TT i �... #ilM/IORr 8Ay CALISONN/A SOUP)efn9S ore e•.rpiessed in %e/ ond, dino/e de,-OA3 below Arco.?. [o.ver Low Wolcr. Mori...cJ.n ' ron9e• of lido opPnorcinsof./y /O,��o f/orco� :ices Pre ee/ob/i'sl,�d in 7/i:s • Sccf,,*,? o{Ne.✓faorf Bob: A _�fr%rrf•: eA i' �L-K PpA CC t- --max; pARCeI 13 PAP • q CR jNf�(� �,00iAli.,ft�� T�Pv *W7 *___ / C-A,v T 5 N { �C-f • gTj'j I�sp t2 o r I .2 • B c ,r , paee 55'.2�i •2o5 l-�J.DTEtZ A`/�. j�.yTitAC Td.c T,Zs c7"' • 7---0�--8�8 +U.A T � ■ MPMMRO� W-1 x I I ,Df- 7-,4 IL - T e rT. rJ L 7 -7 SAID [15 ! �3 C s7-1,L,�� T E.vv Fe s/B�sf/r20 S o s F 9 -2 o sNT 6 z - �®4rt® AMP& "® '- v,1� � �, ,. ti�� _ �• � ;. \. o � -�, yam` c O w c - LLJ -2 Ail� 2�rog� f-- �/ c oo�� EL�ST PROFILE X . XX FX IS rlNG (Y, YY) i R ,o sew t C•A,vr's b A o yy aiac ®a+ry � B.tc8o,a D _ -- Co4o ara PEI Mogt V 16. i IQ I ! $ S R G T dr i3 ayssr J&]rr � E ss� Lois® W,�wnaar �A CRL IFo9ZNj.A y / 1er�y r � SOL/r�din�S ore �XpresSed in leel' and :dam»ofe depOhs below -ieor7 Lower, Goan L✓a>ter. lWox,,."U.7 rvr,ge of fide oppfvx✓mo ely !O moo ¢ Hc7rb r lf.7e5 are esloble'9hc'd ,.;, T/h:s . secfroo� of Newf+o, f Bar T,eAcr TO GRANTED THE FACILITY SHOWN ON TME THE SITE JzNDICATED! wSlCM:u -'-� ,To ` f'IF e SPECIAL a €� Lls-T . 3..ra Fly THIS f�ER"� T t`^t"A E:Nl- T !! CITY t'-DO. Corps Of Engimers Permit f. t PERNT ISSUED SUEUECT To DREDGE MATERIAL SEEING HAULED TO SEA PLACED cam/ 'F .n % 4 >cy 4 •�x� t,tir �? '�, yak � � QN 3?1�a�x"Lr fix"'' _J g L� Stacy H. Dobrzensky 1221 Broadway, 21St.Floor Oakland,CA 9g612 April 26,1988 MEMORANDUM To: Mr. Tony Melum Marine/Harbor Permit Dept., City of Newport Beach Re: Proposal re DPW/Harbor Permit No. 113-201,3.26.8q. Following my April 2S meeting with Steve Louis of DPW,and,shortly after, with you, I was able to meet with Plazi Miller and to discuss with him the overall situation and a proposed design solution. I also have reviewed the matter with my wife. To summarize the problem: 1. DPW proposes,in the fall, to repave Alvarado St.,and to install a street end storm drain (none now); to replace the seawall from a point several blocks easterly of our -property at 205 Edgewater Ave.,Cand Ettinger's at 201),which includes removing the structure on which our pier rests,and then to restore the beach when done. 1 Z. DPW takes the position that it will he iommidfy FOE: u§ to f-@R&YE, our pier (and float,etc.) because, of the present.steep_angle of the beach at the bay side of the new seawall which ,with maintenance dredging of our pier site, would otherwise ,jeopardize the new con- struction. 3.They have suggested, as have you (although you had not suggested the necessity of removing the pier entirely), that they would con- sider alternatives to removing the pier,indicating the possibility of a "grain" --a lower level seawall on the bay side of the present structure on which the landward end of our pier now rests, or of a new bulkhead in place of the proposed replacement seawall Cbut stating that the cost would be extreme and not an alternative the City would consider),or,as a third,"rocking" the exterior of the replacement seawall,and,as a fourth, extending our pier so that the Float would run parallel to the shore. q. Groin construction and "rocking" would each necessitate removing the "T" pile now supporting the pier and no doubt would still be adversely affected by our maintenance dredging. 5. Our position is this Csubject to review by Richard Ettinger,our co-owner): A. DPW apparently believes grounds to exist for revocation of our present Harbor Permit under Title 17 of the Municipal Code. We disagree and would oppose any effort to enforce that viewpoint. The C1) deteriorated condition and lack of maintenance by the City of the structure mentioned and C2) the matter of the potential effects of maintenance dredging,particularly in connection with the distance we had desired the structure to extend bayward from the shore,were clearly brought to the attention of all concerned in the permit proceedings concluded in 198q, if not earlier. B. We are interested in the state of the beach fronting our two properties (so stating in arguing for the longer,further from shore structure in 198q). C. The cost to us of remodeling the present structure to accomo- date a parallel -to -shore float will approximate the original cost of what we have now. D.At present,each owner has a side of the 22' float; to relocate the float 90 degrees would require at least a doubling of the 22' length,and warrant even greater length as a result of the increased difficulty in "docking" that would result where one boat comes in or goes out while the neighbor's boat is tied up. E. As demonstrated in the proceedings leading to the issuance of our present Permit, the City has the power to permit extensions beyond the pierhead line,particularly where the degree is small and the circumstances herein discussed are present. 3 F. Three potential advantages of revamping the.present structure appear: (1) Notwithstanding existing City Ordinances, the street end boat launching rules are regularly violated; the beach in front of our home is frequently littered with sail boards,catamarans,power boats and the like; all of which often makes the beach useless to our grandchildren, the children of friends and relatives. The construction of a parallel float,as indicated above, would tend to "shelter" the beach from illegal and dangerous intrus- ions by such sail boards,watercraft,etc. C2) Depending on the distance from shore and water depths, the parallel pier would afford shoreward space for small boats of each owner (thus,my wife's 12.5' shallow draft sailboat). (3) The entire beach in front of our home would be improved if DFW does what it says it would and should do. F. We are therefore prepared to propose a revamping of the present structure per the enclosed revision to the Permit drawings. As enclosures,the following: LI -"Proposed Plan" by the undersigned; -Copy of Harbor Permit drawing; -Copy of legal descriptions on basis of which I corrected proposed permit drawing; -Proposed remodelled pier drawn on copy of section of aerial photo supplied by DPW; -Existing structure as shown on copy of aerial. G. For us to do this it will be necessary for DPW to agree in writing to at least the following; 1. That their contractor shall remove all concrete, pipe,wood, debris,etc., as may result from their demolition and reconstruction; 2. That their contractor shall provide conduits for the two sets of electrical and water pipes now under the present sidewalk and seawall serving the present pier. 3. That they will undertake at least the cost of removing structures of ours that would interfere with the work proposed by them,and the reattachment of the proposed remodelled structure described; '1.Assurance that such future maintenance dredging as may reasonably be necessary following reconstruction of our 5 structure. as outlined herein will be acceptable to DPW. S.Such others as may arise in the course of our discussions. It is intended that this serve as a basis for further discussion.If your office finds the proposed solution acceptable,we would proceed with its implementation by the filing of an application for modification of permit,and otherwise to move forward. All,as noted above,subject to review and discussion with Richard Ettinger. Stacy H. Dobrzensky 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 February 8, 1985 j 3 za / Mr. Llewellyn E. Thompson II Fitzgerald, Abbott & Beardsley 1330 Broadway, 17th FI. Oakland, CA 94612-2557 Re: Harbor Permit No. 113-201 Dear Mr. Thompson: I have referred your February 4, 1985 letter to David Harshbarger. Mr. Harshbarger should be able to tell you whether Mr. Dobrzensky is entitled to redredge. In the future, please correspond with Mr. Harshbarger directly. Sincerely, Robert H. Burnham MEB/Thompson 3300 Newport Boulevard, Newport Beach FITZGERALD, ABBOTT & BEARDSLEY JAMES C. SOPER, INC. ATTORNEYS AT LAW PHILIP M: JELLEY, INC. JOHN L. M-DONNELL, JR. 1330 BROADWAY, 17TH FLOOR GERALD C. SMITH OAKLAND, CALIFORNIA 94612-2557 R. M. FITZGERALD 1858-1934 LAWRENCE R. SHEPP CARL H. ABBOTT 1867-1933 LLEWELLYN E. THOMPSON II TELEPHONE: (415) 451-3300 CHARLES A. BEARDSLEY 1882-1963 RICHARD T. WHITE TELEX: 709208 JAMES R. LAMBDEN MICHAEL P. WALSH STACY H. DOBRZENSKY PETER W. CRAIGIE OF COUNSEL ALFRED PAUL PALADINO SCOTT F. MARCH February 4, 1985 Q Robert H. Burnham, Esq. 9 o �' v City Attorney City of Newport Beach y 0' 3300 Newport Boulevard Newport Beach, California 92663 Re: Harbor Permit #113-201 Dear Mr. Burnham: I am enclosing a copy of a letter which Stacy Dobrzensky sent on February 1, 1985, to David Harshbarger which outlines the need to redredge a portion of the area where the pier is located. When I discussed this matter with .Phil Harris of Newport Dredging at the time the pier was being planned, he informed me that it was very likely that during the first year of its existence, the area would need to be dredged again. He further suggested that following the first year of its operation, there would be less need to remove additional silt from the area since the area would be stabilized to a great extent. I trust that this dredging can occur as a matter of course without any complications or delay. Very truly yours, FITZGERALD, ABBOTT & BEARDSLEY By f� L ewellyn . Thompson I LET:at Enclosure STAGY H. DOB$ZENSKY 1330 BROADWAY OAST- ND, CALIFORNIA 94612 to February 1, 1985 Mr. David Harshbarger Director, Marine Department City of Newport Beach Newport Pier Newport Beach, California 92663 Re: Harbor Permit #113-201 Dear Mr. Harshbarger: As you know, I have been discussing with Bill Harris of Newport Dredging the problem we have at low tide with our new pier. At the periodic lower tides, the shore end of our float grounds and sits 6-12 inches shoreward of the water level. This causes the shore end to be stranded while the bayward end floats down to the limit of the opening and rollers around the outer pile. It also permits the center float, under the pier, to drift "out from under." We were originally told that dredging is an imprecise technique and that often you have to dredge, then observe the conditions after tidal action has had time to work on the sand. I note that our Permit covers both construction and maintenance and is predicated on the drawing that is a part of the Permit. For your convenience, a copy of the Permit, as issued, is enclosed. In the profile drawing you will note the specification 11-3.001 1' below Mean Lower Low Water, that the tidal range is 101. As things stand, we are at about +1-1.5' above MLLW, further that the outer perimeter of the dredging forms a sort of circular basin, when viewed at lower tides, leaving two "horns" which cause even my neighbors Boston Whaler to ground. This may have been the result of insufficient dredging when it was first done, since the "horns" give the appearance they have had of being "original bottom" (i.e., not from "sanding up"). At New Year's time I talked to Tony Melum and I believe I understand your problems with reference to dredging the channel opposite Bay Island and your concern relative to the beach. While there are a number of longer range considerations; they will have to await your proposed dredging of the Bay Island channel. Meanwhile, we are concerned about damage to the pier during the interim, and believe that such further dredging will simply put us where the Permit contemplated we will be. I also suggest that the spoils go on the beach about midway between our pier and that of Ed Rath on the east side of Alvarado Place to help correct the damage done by rainwater since the winter of 182 and not affected by the sand recently deposited. Mr. David Harshbarger - 2 - February 1, 1985 f On this basis, we are entitled to proceed to complete the permitted dredging and will expect your office to cooperate to that end. I am sending a copy of this to Bill Harris at Newport Dredging with a view to his undertaking the required work at an early date. Sincerely, Stacy H. Dobrzensky SHD:csh Enclosure cc: Mr. Richard Ettinger Newport Dredging Gillis do Derby r' /VElyPD,Pr G` 1 S \J E 0 A MfMIOR/ T�" ." � R Q O Y�La00 D I/LL Cie- V i li f {V : T 1 SKETCH wws! JiTTr •, G �G NfwPOAT 5AY CAL IFOaN/A Y� / t Soundln95 ore expressed lcel and danofc dep b eloW AI C!017 Lo yv� . o w L✓o der. Mc�x/..,c/ten ron9e of fide cpprvx/.»o�l�. ', /O �cef Horcor /.i/cs ore ea�ob//'Shed /n �h:5 .sc�fior/ ofn/ewPv�f Bob PL / CA.vT 5 —v- -/o6 QOD2ESS'-��. .. Cb,v7RAcr e %play OF NF—WFORT BLACH HARBOR PERMIT r. PEPNIISS)ON IS HEIIZny GRA..hT!'.D TO CONS11-d1' MAINTAIN THE FACIUYY Sk,!W;4 1,41: nfvs:I;1 --A AT THE SITE I&4D%CA7LD, SWI—`R_7 'to 7"Z - THE HARBOR Pt:i?:Tdlr r`$C?Lt"—'-1E 0*: 'e orT ANY Lr.PECiAL cErrs' FU"' IS NOT 'IRANSFERAHL"' THF CITY C,fY ttArs ? C f; U31SHIS G;VFN UNDER FrUlfriT ARE PER: AND THIS FE&'IMIT MAY RE ITEVOKED BY VIE L wk ACCORDANCE WIT" TITLE I F THE MuNic p SPECIAL CONDITIONS: CwpsOt Engineers Permit orange County Perroft Other S-- PERMIT ISSUED SUBUECT To DREDGE MATERIAL BEING HI,L)LECITC)SEA P1 ACF0 ON SEACH X.xl/ STAGY H. DOBI3ZENSKY 1330 BROADWAY OALN HAD, CALIFORNIA 94612 wF February 1, 1985 Mr. David Harshbarger Director, Marine Department City of Newport Beach Newport Pier Newport Beach, California 92663 Re: Harbor Permit #113-201 Dear Mr. Harshbarger: As you know, I have been discussing with Bill Harris of Newport Dredging the problem we have at low tide with our new pier. At the periodic lower tides, the shore end of our float grounds and sits 6-12 inches shoreward of the water level. This causes the shore end to be stranded while the bayward end floats down to the limit of the opening and rollers around the outer pile. It also permits the center float, under the pier, to drift "out from under." We were originally told that dredging is an imprecise technique and that often you have to dredge, then observe the conditions after tidal action has had time to work on the sand. I note that our Permit covers both construction and maintenance and is predicated on the drawing that is a part of the Permit. For your convenience, a copy of the Permit, as issued, is enclosed. In the profile drawing you will note the specification "-3.00' " below Mean Lower Low Water, that the tidal range is 101. As things stand, we are at about +1-1.5' above MLLW, further that the outer perimeter of the dredging forms a sort of circular basin, when viewed at lower tides, leaving two "horns" which cause even my neighbors Boston Whaler to ground. This may have been the result of insufficient dredging when it was first done, since the "horns" give the appearance they have had of being 'original bottom" (i.e., not from "sanding up"). At New Year's time I talked to Tony Melum and I believe I understand your problems with reference to dredging the channel opposite Bay Island and your concern relative to the beach. While there are a number of longer range considerations; they will have to await your proposed dredging of the Bay Island channel. Meanwhile, we are concerned about damage to the pier during the interim, and believe that such further dredging will simply put us where the Permit contemplated we will be. I also suggest that the spoils go on the beach about midway between our pier and that of Ed Rath on the east side of Alvarado Place to help correct the damage done by rainwater since the winter of 182 and not affected by the sand recently deposited. Mr. David Harshbarger - 2 - February 1, 1985 On this basis, we are entitled to proceed to complete the permitted dredging and will expect your office to cooperate to that end. I am sending a copy of this to Bill Harris at Newport Dredging with a view to his undertaking the required work at an early date. Sincerely, Stacy H. Dobrzensky SHD:csh Enclosure cc: Mr. Richard Ettinger Newport Dredging Gillis & Derby STAGY H. DoBBZENsHy 1330 BROADWAY OAKLAND, CiALIFOBNLA 94612 D � c..i-., r,'., .-r 12 ,1 g 3 fir.. Davie! I a.r:,hba_rgr ,x ari n,Y Plan ning Director ^.ity of `?ewport . - each ,.iw�,nort Pier �.,n 6,�crt >> each, C.. ?_ 3 6 0 Dear_ Dave - will be down to ',-salboa just after Christmas and I will contact you to see: if we, can discuss our exedging problem, report :d to you by !�i l l _ .arri s of Dredging Meanwhile, I enclose some: color prints that I took last month. They were taken from the end of Alvarado Places , show the erosiion that has resulted fror the sanding up of the rusted storm drain across the beach, the breaking out of rain water under the sidewalk, as I have previously rentioned to you and had occasion to report to City personnel who investigated an earlier contact. W_ area much concerned about not onlv the serious erosion of the street end beach (and I air sure. Ed Rath is less than happy with they fact that this problem has deposited rl.uch sand under his pier),so much used by the Ashtons. I am now .more concerned because,about a month ago a woman from nearby tripped on the tilted sidewalk that - has resulted,cut her chin and was aided by my wife and our tenant, Lou Petros ( a County Deputy Marshall). in the order numbered on the back of each 1. From Rath's pier entrance --the erosion after last month's rains, plus the new pier and my boat in background; 2. a closer view of erosion ,looking toward Rath's pier; 3. an even closer view,same place 4. Looking back,elose to sidewalk,erosion underneath, 5. The elevation of south side of sidewalk,10 or so feet east of west line of our place.There has been a "lift" here,, for years, 1/4- perhaps 1/2", but now the south side is tilted considerably more. Please note that my purpose is sending you these is to demonstrate my concern, and it is not for any purpose: to '"put you on notice"' , I am a resident of Newport Beach for as much as half the: year,am. normally concerned when situations like this develop ---and can only get more costly to repair --rand a serious liability potential (the lady who tripped left bloodstains, declined to be taken to a hospital, was driven home by our tenant at her request. I do not know her name or address ---did not see her fall,did see my wife and Petros ministering to her and driving her away. Best Holiday �iishes �� 0 P- .,KIT NO. DREDGING APPLICATION Project Location: Cd Cubic Yards to be Dredged: 3 Method of Dr edging: ��c*C(O►,\ Nature of Dredged Material.: Disposition of Dredged Material: �(Q Rr a 4s ;, Cat b CC. - -- - -- Method of Material Disposition: Turbidity Control Method: C, (<,, 0',C K ::%i eR-J e Effect of dredging on contiguous bulkheading and be es - I, OSAfr0f-, hereby state that I have read the U. S. (print name) Corps of Engineers permit for maintenance dredging in Newport City of Newport Beach and Orange County Harbors,Beaches and I'arics District (if applicable) permit for maintenance dredging and that I accept all tr-.e provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the•afrc}cted zone. e C- — off r t-kS App scanttyp nams� r .Ctr.ac or --type �67 Signed: 0 O,��C2Gt�� C��!�? (D te) Contractor,!.; Representat- i ve Cl T Y of NS1fPD,Qr BEACH f o a �. N E. o Yy xr.+Pe�r "'Are, om' "c R rQ Pi[4 �a�ry � AwcQoq D at.f N p ®wcaoq a�.v Z Cote.vw lk V' 6. I AJ1 1 j !J kE TC,'"'� wssf J67Tr Ewsr #d-x-wooar BAY, CAL IF'ORNIA y 's ltrrr i r 504/hdJn9s oJ-e expressed Jn /ce/ one of�vno/e dep /h s b e%w /117CO07 Gower, G a W L./o leer-waxt,"C" n ronye of fide gpprvx,rna�e/Y /O vee-/ Harhor /1i7es Ore eaiob/'shed in fh:s , secfJon of'NewPorf Say CITY OF NEWPORT BE-P.f. -, HARBOR PERK`, PERMISSION IS HEREBY GRANTED TC MAINTAIN THE FACILITY SHOWN ON TH, aT THE SITE IlVDICATED, SUSJEC�T TO ' AF HARBOR PERMIT POLICIES OF K 1''IS O;' -Y .6PECIAL COMIDITIONS LISTED v . ali;H AN3 5 'K'Uy TRANSFERABLE WIT tIOJT 7lli' - t ERMV CITY HARBOR COOR01,.gATOR c '- NSENT Oi IG-H'rS GIVEN UNDER THIS PERM1's'' ,.r,.. rA;`I(:iL' THl 'NO THIS PERMIT MAY BE REVOKE. _3 p,.: 05SIVE ONL1 ACCORD - CITY COUNCIL �.CE WITH TITLE !7 �,t;�{hk �iuutc J.� L-,,�ODE. SPECIAL CONDITIONS: COrPs Of Engineers Permit — Orange County P®rmit Cbther ( � -;i5- —2 7 —S��p V R3i?,JT ISSUED SUBJECT TO MATERIAL BEING 'HAULED TO SEA, _ PI AGED ON BEACH_,., State of California, George Deukmejian, Cwemor Date: June 15. 19R4 California Coastal Commission SOUTH COAST DISTRICT 245 West Broadway, Suite 380 P.O. Box 1450 Long Beach, California 90801-1450 (213) 590-5071 PERMIT AUTHORIZATION Richard P. Ettinger 350 Buena Vista Balboa, CA 92661 Permit No. -;—R4-2R2 rN-gh Please be advised that you are hereby authorized to proceed with development of your project, permit number 5— 84— 28 , which was reported to the Commission on 6 1 84 . Development o your project is subject to compliance with all terms an conditions specified in the Administrative Permit which was sent to you on 5/30/84 • Should you have any questions please contact our office. e• MICHAEL L. FISCHER Executive Director by: V0 ill State of California, George Deukmejian, Govemot Page _ 1 of _2 California Coastal Commission Date: may 25, 1 =12 4 SOUTH COAST DISTRICT 245 West Broadway, Suite 380 Permit Application No, 5- 8 4 - 2 8 2 CN : ah P.O. Box 1450 Long Beach, California 90801-1450 (213)590-5071 ADMINISTRATIVE PERMIT APPLICANT: . Richard Ettinger and Stacy Dobrzensky PROJECT DESCRIPTION: Construction of a residential pier and float in Newport Bay. PROJECT LOCATION: Adjacent to 201 and 205 Edgewater Avenue, Balboa, Orange County. EXECUTIVE DIRECTOR'S DETERMINATION: Pursuant to PRC Section 306249 the Executive Director hereby determines that the proposed development, subject to Standard and Special Conditions as attached, is in conformity with the provisions of Chapter 3 of the Coastal Act of 2976, will not prejudice the ability of the local govern-ment to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3, and will. not have any significant impacts on the environment within the meaning of the Cal- ifornia Environmental Quality Act. Any development located between the near- est public road and the sea is in conformity with the public access and public recreation policies of Chapter 3. Additional reasons for this determination, and for any special conditions, may be discussed on the reverse (Page 2). NOTE: The Commission's Regulations provide that this permit shall be reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, a permit will not be issued for this permit application. Instead, the application will be removed from the admin- istrative calendar and set for public hearing at a subsequent Commission meet- ting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Thursday, June 14, 1984, at 9:00 a.m. Monterey Holiday Inn, 2600 Sand Dunes Drive Monterey, CA IMPORTANT - Before you may proceed with development the following must occur: rir this permit to become effective you must sign Page 2 of the enclosed duplicate acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Com- mission's meeting, and once we have received the signed acknowledgment and evidence of compliance with all special conditions. we will send you an author7zation to proceed with development. N 9 MICHAEL L. FISCHER Execut ve Direct by: Page 2 of 7 Permit Application No. 5-84-282 STANDARD CONDITIONS: 1. Mies of ftSelpt and Acknotaodg, - -1 . The p.rldt is mot vaUd amd devalopMMat WOU Not ==Ones WL11 a =W of the persit• elped by the p.radttee or outhorl.ad cleat, aobewledgi receipt of we petedt aid acceptance of the terns aid tonditianeg is retarmad to the Comminsion others. 2. rspIt developaeat boo Not aces sNe d. the parch wM aspire two years bw the date this Moetad to the Coimis ion. D.valopawet shill be parwed in a dilllerut ssmog and eos� plated !n a ress"ble period of Lice. App 4 .senor for extension of the paawdt joust be Node prior too Uhs seq drotim date. 9. ConglUme. All d v4op.emt waft occur in strict compliance with the aroposal " set forth in the 4jUcation for peewit, subject to cep specW conditions set forth below, Arp deriatim fros the approved plans joust be revisued and approved by the staff aed may require Comaiseion approval- b. lnte kg"vn. Arp questions of i»tu* or iaterpartotion of arp comditIm will be resoled by the aiacriive ei/u tw or the Cossission. i.UWALMS. TM Commission slat! sball be sllowd to Inspect Ube site sue! the project during its ct op.e. subject to 2l.•hour advance Notsoe. 6. AgUMMM. The pensit my be "signed to ay qualified perea% provided assip»o lilts with the ion an affidavit accepting all terms and conditions of the po wit. ?. M2mi and 0=41tions om with Ow Lud. The" terms and conditions sball be parpetualt and it is taw lat.ntion of tM Wommission and the persdttee to bird all future oweers and possessors Os the subject property to the terns and coediticos. EXECUTIVE DMECTOR'S DETER14INATION (continued): SPECIAL CONDITIONS: NONE. M ACKNOWLEDGE4ENT OF PERMIT RECEIPT/ACCEPTANGE OF CONTENTS: Itae acKnor+ieLy� that alvra-hair roue ►cu s—cvp�/ t-tfi#i PCeuit d onu waft-=eCe{�6c�-- - Its contents including all conditions. Applicant's SignatuR Mate of Signing WMNM7—� oe PA A P PIER oPrlouAL--- / i 77p OF BLR•Hb ELEV aO' UI-e-W. (ACPA()� 1 5 _..__.- 30 MAIc /f/ �A41#1. _ 4 VA1t'/_c5 PL A Al CUT OFF PILE AT ELEV 1 /; -00 DEL. L.W. ■1 CCIAJC. P.,LE a¢ -L 145 t MAI 4' CLEAF BET. L:�t 3�lFi�T w,4TFivE. MAX. 7' ALLL F40,47f /NSrA44A7',l0V5 3.0' ALL.LW. (A/W O�ES,G/t/ CFPrO = (. /. C OCsl T/CN OF rP4UP S P/L ES AAr Qrroo"4L MOViD/MG P1tOPER SETeAGtS AAW A/0/NTA/NED Y.5EE 5 0-6OA•L., STO-6v9-L, 5T0-6wD-L -Ve f>F.•e, CVZ 4 E.PS ON F[ 0.47- Al d*,S E,pS 5Aait4 BE 0ow-4 _ Aso#.607 *'6/o •L- CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STANDARD Rj�9/D A,,r1AL =4oA7- (VEST NEwpoer G'mmAcLS South District. Of r4ce DRAWN (M DATE 3-1-7-9 APMJJ M — nes w�n��i �n =7'n -/ By. ...�.«s�..�..vwa�F.,:+.aamswwgmwa _ f09154`SiiRryr:sYi+�?6ctiR-S'TR',"'"—.a'.-mr'=''r�a�i6eA:.�4:z.�.'Xl""T sW --ti.— .:."tea -:" .�ing'� t,6ee3 °3eu s."aSxau44at6ti� C STAZE OFCALIFOnNIA STATE LANDS CLIIWAIISSION KENNETH GORY, Controller LEO T. WCARTHY, Lieutenant Governor JES SE R. HUFF, Director of Finance Mr. Llewellyn E. Thompson II 1330 Broadway, 17th Floor Oakland, California 94612-2557 Dear Mr. Thompson: ajl l bORGE DEUKMEJIAN, Gcvernar Q7 Exe6trt May 1, 1984 i� File Ref: SD 84-04-12 Subject: Proposed pier and float for Messrs. Dobrzensky and Ettinger at 201/205 Edgewater Avenue, Balboa (Newport Beach), California. The State Lands Commission's staff has received your letter dated April. 3, 1984, and a copy of the vicinity sketch relative to the construction of your clients' dock in Newport Bay. This is to advise that the tide and submerged lands over which the proposed project will extend are sovereign lands of the State of California that the Legis-lature granted IL.n trust to the City of Newport Beach. Therefore, you need not apply to the State Lands Commission for project authorization. You should, however, apply to the City of Newport Beach for any necessary permits or approvals. You should also apply to all other agencies having approval authority. Mr. Llewellyn E. Thompson II -2- May 1, 1984 This action does not constitute, nor shall it be construed as a waiver of any right, title, or interest by the State of California in any lands under its jurisdiction. JL:clw cc: California Coastal Commission South Coast District 245 West Broadway, Suite 380 Long Beach, California 90802 V/Robert L. Wynn, City Manager City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92660 Mr. Stacey H. Dobrzensky c/o Mr. Llewellyn E. Thompson II 1330 Broadway, 17th Floor Oakland, California 94612-2557 Mr. Richard P. Ettinger c/o Mr. Llewellyn E. Thompson II 1330 Broadway, 17th Floor Oakland, California 94612-2557 00671 Very truly yours, 65UDY LU LOW Granted Lards Representative (916) 445-7134 FFITZGERALD ABBOTT BEARDSLEY California Coastal Commission South Coast District 1330 BROADWAY� SUITE 1730 To: P.O. BOX 1450 CALIFORNIA OAKLAND, LM94612 Long Beach, CA 90801-1450 FROM: 415Aprl r331'3 1984 RE: Application of Richard P. Ettinger and Stacy H Dobrzensky, For Coastal Development Permit. PLease add to the file and application transmitted by our letter of April 12,1984,same subject as above, the enclosed copy of letter from the Corps of En gineers advising that we m ay proceed with the work (upon obtaining other required permits), dated April 11,1984. SinceFe_ �.y Stacy HH..n�Do rzensk Note: Re4ional Water Quality Control Hoard clearance dated April 9,1984; copy included with Coastal Commission Application. Awaiting State Lands Comm ission and Coastal Commission. shd .DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P. 0. SOX 2711 LOS ANGELES. CALIFORNIA 90053 April 11, 1984 REPLY TO ATTENTION OF: Regulatory Branch Subject: Proposed pier and float for Stacy H. Dobrzensky and Richard P. Ettinger (on the Joint Property Line) Fitzgerald, Abbott, and Beardsley ATTN: Llewellyn E. Thompson II 1330 Broadway, 17th Floor Oakland, California 94612-2557 Gentlemen: Thank you for your letter of April 3. 1984 notifying us of your intent to construct a pier and float at gn1 and 205 Edgewater Avenue, Lots 1. 2. and 3 Your drawings have been reviewed and generally conform to the provisions of General Permit GP004 for _privately owned boat docks in Newport Bav • Providing you have complied with State and local laws you may proceed with the work. Your proposed work has been assigned General Permit No. GP 004-176 If you have any furthur questions, please feel free to call our Regulatory Branch at (213) 688-5606 and refer to this number. A copy of the General Permit is enclosed. Sincerely, J.P. Past Chief, Construction - Operations Division Enclosure LA FL 537 May 83 DEPARTMENT OF THE ARMY LOs ANGELES DISTRICT. CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES. CALIFORNIA SOOss RELY TO ATTENTION OF: SPLCO-R TO WHOM IT MAY CONCERN: General Permit GP004 Newport Bay August 19, 1983 The District Engineer, Los Angeles District, Corps of Engineers announces the renewal of General Permit 004, covering the installation of privately - owned boat docks in Newport Bay, a Navigable'Water of the United States, as required by Section 10 of the River and Harbor Act of 3 March 1899. This permit is issued in accordance with the provisions of 33 CFR 320, 322, 325-26, and, 328-29, titled, "Regulatory Program of the Corps of Engineers" which provides that the District Engineer may issue a general permit for activities -which are substantially similar in nature, that cause only minimal adverse environmental impacts when performed separately and have minimal adverse cumulative effect on the environment. Upon issuance of a general permit, all activities meeting the established criteria are approved and will not require the submission of individual permit applications. This renewed general permit also authorizes the modification and replacement of existing boat docks but not the installation of new boat docks where none exist in Dover Shores and around the perimeter of Balboa Island. Under no circumstances will the general permit allow boat dock construction requiring bulkheading, dredging, or filling below the Mean High Water (MHW) elevation or in wetlands. Construction of a boat dock will not be allowed across any beach designated for community or public use, unless the new dock will replace an existing dock and cause no additional encumbrances on beach recreation. Typical drawings, depicting the most common types of installations that are covered by this general permit, are included in this notice along with a map showing those Navigable Waters of the United States where the general permit is applicable. The general permit covers both existing and proposed facilities within any of the private property boundaries shown on the attached drawings. Individual boat docks that do not conform to the established general criteria will require an individual permit. The general permit is not applicable to commercial or public marinas. The general permit is issued for a period of five (5) years from the effective date. Definitions: a. The term "navigable waters of the United States" means those meters of the United States thigh waterbjSark and/or are phe ebb resently used orflow of the hde aveteen shoreward to the mean 8 or used in the past, or m 33eCFks329tforeatmoreeto completesdefinitionsofttbI6 foreign commerce. (Se term). "wetlands" means those areas that are inundated or saturated b. The termtion t a frequency by surface or ground water asupport, prevalencecofnrt, vegetation i conditions. Wetlands generally and that under normal circumstances do sso typically adapted for life in saturate imilar include swamps, marshes, bogs, aareas. c. The term "adjacent" means bordering, contiguous,or neighboring. wetlands separated from other waters of the United States by man-made hies or barriers, natural river berms, beach dunes, and the like are "adjacent wetlands." SPECIAL CONDITIONS: a. That the permittee shall notify the District Engineer in writing at least fifteen (15) days prior to the initiation of the work. This by lot and notification shall name the address,length, telephoneonumber ofof the dthe permittee. tract number, and thehe , b. That the permittee shall comply with the city of Newport Beach and county of Orange or other local authority in the construction and placment of the dock. c. That docks shall not exceed 800 square feet of float and pier surface. d. That the permittee shall submit project plans to the State of California, Regional Water Quality Control Board, Santa Ana Region, and shall obtain approval from the Regional Board prior to initiation ofanywont authorized herein. e. That the permittee shall notify the Commander (oan) 11th Coast Guard istrict, Union Bank Building, 400 Oceangate, Long Beach, CA 90822, D istr 590-2'L22 at least 2 weeks prior to start of the activity and 30 days if buoys are to be placed. f. That the permittee shall control floating ebris,ions of tfrom harborconstruction activities, so that none enters the navigable Po 2 STANDARD CONDITIONS: a. That all activities identified and authorized herein stall be consistent with the terms and conditions of this general permit;, and that any activities not specifically identified and authorized herein shad constitute a violation of the terms and conditions of this general permit Rhich may result in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this generst permit has been previously modified, suspended, or revoked in whole or in part. b. That the permittee agrees to make every reasonable effort to prosecute the work authorized herein in a manner so as to sinisdse any adverse impact of the work on fish, wildlife, and natural environmental values. c. That the permittee agrees to prosecute the work authorised herein in a manner so as to minimize any degradation of water quality. d. That the permittee shall permit the District Engineer er his authorized representatives) or designee(s) to make periodic isopections at any time deemed necessary in order to assure that the activity icing performed under authority of this general permit is in accordance with the terms and conditions prescribed herein. e. That the permittee shall maintain the structure or wow authorized herein in good condition and in accordance with. the drawings attached hereto. f. That this general permit does not convey any property sfghts, either in real estate or material, or any exclusive privileges; and toot it does not authorize any injury to property or invasion of rights of any laftingement of Federal, State, and local laws or regulations, nor does it obviate the requirements to obtain State or local assent required by law for the activity authorized herein. g. That this general permit does not authorize the interference with any existing or proposed Federal Project and that the permittee shall not be entitled to compensation for damage or injury to the structures or work authorized herein which may be caused by or result from existim or future operations undertaken by the United States in the public interest. h. That this general permit may be summarily suspended, is whole or In part, upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in the general public interest. I. That this general 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 thirty (30) days after publication of written notice of such action which shall specify the facts or conduct warranting same. 3 j. That any modification, suspension, or revocation of this general permit shall not be the basis for any claim for damages against the United States. k. That no attempt shall be made by the owner to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this general permit. 1. That if the display of lights and signals on any such octureslights aor work authorized herein is not otherwise -providedby nd signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the permittse. m. That if and when the permittee desires to abandon tie activity authorized herein he must restore the area to a condition satisfactory'to the District Engineer. n. That there shall be no unreasonable interference with navigation by the existence of use of the activity authorized herein. o. That permittee hereby recognizes the possibility ties: the structure permitted herein may be subject to damage by wave wash from posing vessels. That issuance of this general permit does not relieve the pesmittee from taking all proper steps to insure the intergrity of the strec aVe pettewashanddthe herein and the safety of boats moored thereto from damage bj permittee shall not hold the United States liable for such image. BY THE AUTHORITY OF THE SECRETARY OF THE ARt1Y: PAUL W. TAYLOR DATE Colonel, Corps of Etgfneers District Engineer 4 . `r' V —zl 0► r� •.1 ��.,,.� � ;Ili I r r Ir ��+�+}iv � �daii11 err I 'I', 1 • •�- ;:9 \ �i rut�;l Ali o _ rsit;�• �S il�lilli�iil go C AIL JL •' • i �_ �� •, � . i tit � yrt .1 Y mot,' �', .f'•,� �•��+ — �'�t'1.r� � . ,'`�t � � � • � u • =- ° I It t�� :: 1 r IL • ,raocW Bl/L&O.V"o ELEK �D Alc.c.w. �a4fl,� PLAN nt r s, LY/r OFF QYLE•dr ELEY. O //. 40 AI,L.L., 6a Fa IV —U �vse. NOTES' /, LOCI TieA/ I�vp Mt�4I/i4 A� A•�t1 /I C►�s�/L . t. LOCITi1G�Na1� �/I! OLIT�O+A/, .A/�II IL/.� � ILOt7� // go7YO.v./L I•�11o�0/.vs ��IAM�I 117'IICw[ /O! �wvr/�wIO. �/rio L1ElI�GO. fit. �rvtt� aA.c�� cow�o/riaw� �riit a►/os�v ovr w/ wra.c�o so a • w•,,v .roib..rt e►�,w� war. o, � fi ! ..w�� iio /i ..e..vs�c r a...✓o it io.�eei�►r Asb.•ve nir, sa« rs77�.w.wonv • /t',r/ir, • i. /ILL �, • �aI ov v4ros � fsOIT'MI.NI�!• •WsL w"cZwr P/LE 6A0-6i0=LJ. c »'ApJ 0'- AwAe,o .cart i)D- 604 ,[ - soAaAe.M!!W/l! EWiA&v LiEArWJ �kAtr WSJ l O�� CITY OF NEWPORT BEI•C;4 01"'"' '�`- °'n PUBLIC WORKS DEPARTMENif JrdN0.4i?O RES/Ot'NT/..�L "sic wofts aolccim FL0A r wlry Ap/E Rc. Rn. sl-47 DRAWING CL STO- 046 ' A. i I k AO� - CLEAR. R. _ FLOAT CK mi 0 Aft AL TERNATE I I (RAW/AlM 4 L/ANG A.'re A AUkmeAG j/ 1 i 4s1,1/P iStO -606Vj MY', OF &14�.WVO ' �— CUT OFF FILE AT V E(/. DO' A4fZ.L.iK ELEV. '0//.00 M4.4$ T �I v � itl i 1 .7Yr'E 'A" cm.C. PLO (SEE 5(rPb-L) ,Q/Is/p �AD►�j� SAND L/ME A IA.1 4'aimr.. firi D C& SOFF/r C Wd FF-R4A * -3.0 .1/L.L.W. • MAX. 7CK/ ALL &047- /AISTALL. A.107' S /. L OCAT/GV fy jWAWaCA- OF ?M/1 /Q • . �+1 OProVAIA4 r. LOC:477M/ nF PLA7::r0RA�! , RAMP S/-Ir 4 FLOATS /5 oprle-%v44 owov1p1Aws %'Rt'/'ER. SC-WACAS ARE MA: QTA AW 4LC ^jLL E/?S aV o ( r IfdM6E.¢5 SWdUt eE .WU7MOX2 Mrff,0 3 SEE 5F0-601�' � 5r0-Ga�RL �SID�G/O{ �G�P A'/EP��/LE��,Qq,N,D Qfy//LS. SPEC/AL COAVO/ Tot/S' fX /ST W DTN MAC/ 8E /CEDloCED 7V S' WOMY ARPMOV.44 eAr PU&L C WORMS VS-PA-PrA46V r. CITY OF NEWPORT BEACH $TANOARO RE5/DENT/41 FLQI T w1rho r p/ER • Rli. , SACLoot Cc! E a✓o-L �ORAWN A - MTE 73 . J 4F N . � m amovs No. STp —605—L 30,�_MAx, z 1C p . W Isr Plee oPr1wAL-.--- N � h 1 PL A Al • 77P OF 0LWb ELEV. 90' dALLW. (AOffAl) r-CUT C*R PILE A '{'�iv ELEV -0 A .00 AEC. L.W. - 1 rvf F '.; ' COAX. P.'L f - �'-J St STD-(, i0-L 1 (TIP 1 { Mn./. 4CLEAr BET. ckz& SDFF/T II w 44L -FwAT 4 wArF,,MIAlF. M.4r. 7, Imsmi e-ATroN5 R _i � -9.0' Ao(L.L-W. (NNW. I I � CM49AI J*PTN' - �.r,E!g /. LOC�T2'�iV OF QA" S P/L Es 04V 0 raWj- PJ�COv�a/AIIG PtoPER S6Telgc& - Ake "U"r.4/NEp r..S&e 50- fo no-L. , 5r.0 - fo9-L , Sro- ~-4 Fi�P fiF..e .64N� /;Er.4/L,5 S. 1CM L & PS ON FL 0.4 r AV.OMrrEA?S 5/L BE AtllaBEAL T/.2Ep _ A•Ef_ i�o4.604 �' 6�0 •L CITY OF NEWPORT BEACH DRAWN '� ''� DATE 3_ i - �s _ PUBLIC WORKS DEPARTMENT APPR STANDARD ArSIGIEAMAL FLOAT � � KS WEST NEWRLPT c,ANN 46 IC WOREKS oDIRECTOR nq w.a�ri r�► 4=771 r/%r -/ STATE OF CALIFORNIA, GEORGE DEUK#EiIAN, Gouemor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION 6809 INDiAiVA AVENUE, SUITE ZOU RIVERSIDE, CALIFORNIA 92506 � J . PHONE: (714) 684-9330 April 9, 1984s. Fitzerald, Abbott & Beardsley Attorneys At Law - 1330-Broadway 17th Floor Oaklan€i;s: CA 94612-2557 Subject:.. Stacy H. Dobrzensky and Richard P.-Ettinger, 201. & 205 Edgemont.Avenue, Balboa Ne.vport. Beach Mr. Llewellyn E. Thompson II: March 26, 1984 David Harshbarger, Marine Director City of Newport Beach City Hall 3300 Newport Blvd. Newport Beach, CA 92663 Subject: Harbor Permit Application, Dobrzensky - 201-205 Edgewater Dear Mr. Harshbarger, The opposition to the subject permit remains the same as stated in my letter of March 14, 1983. The revision of the plan for the proposed float structure is not sufficient to change any of my original reasons for opposition and I request the application be denied. (See letter of 3-14-83). The permit approval process for Citizens of Newport Beach should not be based on persistance but on logic and this one is not, logical. Please save the beach. Sincerely, r aAe4 WINTON ASHTON 309 Coronado Balboa, CA 92661 (714) 646-5051 STATUS SHEET HARBOR PER! S LOCATION P[RMIT NO. APPL ICANT NAME__ COPITRACTQR�I/S.-�---- Da to Rec' v f'/r Fee Amt . 4F7 Date Reviewed by Marine Dept. -- Approved Denied Corection Required - Description New Revi s i;,cri D r e d g rr;�., Fee Prucess+ t, Ci,.,� Council: - � D . A��(�roied ��n-i-ci aeu,,a rk s DATE MUATERIAL SENT/APPROVED C.O.E. SC.RZCC SARWQCB J.H.C. �)( (:TY. 1 Auplication 1. Consent Ltr. 0 "Waste" Ltr. i Drawings S. Staff Report Rf MPl'kRKS 1rISPECTIQIN, CITY OF NEWPORT BEACH AGENDA ITEM NO. F-13 Marine Department March 26, 1984 TO: MAYOR AND CITY COUNCIL FROM: Tideland Affairs Committee SUBJECT: HARBOR PERMIT APPLICATION 113-201 BY STACY H. DOBRZENSKY AND RICHARD P. ETTINGER TO CONSTRUCT A JOINT OWNERSHIP PIER ANVFLOAT BAYWARD OF 201 AND 205 EDGEWATER Background: The City Council, on February 28, 1983 reviewed a Harbor Permit Application for a joint owned pier, ramp and two "U".shaped slips which would extend twenty feet bayward of the U.S. Pierhead Line. The City Council referred the matter to the Tideland Affairs Committee for review and report back. The Tideland Affairs Committee has met and discussed various pier alignments and configurations on four ocassions. The first meeting was on March 25, 1983 with Mr. Dobrzensky and his legal counsel, the City Attorney, and the Marine Director. The City At received a letter dated February 21, 1984 and a revised Pier Permit Application drawing from Mr. Dobrzensky's legal counsel requesting that the revised Harbor Permit Application be reviewed by the Tideland Affairs Committee and be placed on a City Council Agenda. The Tideland Affairs Committee reviewed the revised application on March 14, 1984. Discussion: The revised Harbor Permit drawing dated 2/17/84 (attached) shows a six foot wide by twenty two foot float extending bayward to the U.S. Pierhead Line. This application will require 90 cubic yards of dredging versus 213 cubalc yards of dredging for a two finger slip as was originally proposed. The applicant in his letter of February 21, 1984 requested the Tideland Affairs Committee to consider allowing the finger float to extend 10 feet further into the waters of Newport Bay, beyond the U.S. Pierhead Line. The Tideland Affairs Committee, in their meeting of March 14, 1984, reviewed this request and are recommending against the request, and would recommend to City Council that the application be approved as shown on the attached drawing. This matter is before the City Council because the City Council Harbor Permit Policies, Section 23.E. "Bayward Location of Piers and Floats", states; "U.S. Bulkhead Sta. No. 113 to No. 114 Piers,shall be subject to a special permit approved by City Council." ' In addition, piers and floats between F Street on the Peninsula and. 19th Street are allowed to extend to the U.S. Pierhead line only. Both the Bay Island Club and the Central Newport Community Association have requested that any pier and slip and pier structure built at the proposed location be held to within the Pierhead Line. Staff has notified both these associations that this matter is scheduled for the March 26,.1984 Agenda. Recommendation: If desired, approve the application subject to the following conditions: 1. The applicants obtain a permit from the Army Corps of Engineers 2. The applicants obtain a permit from the Coastal Commission 3. That the proposed float (6' x 22') not extend bayward of the U.S. Pierhead Line, as shown on Harbor Permit drawing dated 2/17/84. Tideland Affairs Committee Phil Maurer Ruthelyn Plummer Attachments: Harbor Permit drawing 2/17/84 Letter dated 2/21/84 Council Staff;Report dated 2/28/83 PO ° CITY OF NEWPORT BEACH Cq�I FO ft March 20, 1984 Mr. Winton Ashton 309 Coronado Balboa, CA 92661 Dear Mr. Ashton: On March 14, 1983 you wrote a letter to the City Council regarding a Harbor Permit Application by Mr. Stacy Dobrzensky to construct a joint ownership pier and float on the property line between 201 and 205 Edgewater. The purpose of this letter is to notify you that this matter will again be considered by the City Council on Monday, March 26 at 7:30 PM in the City Council Chambers at Newport Beach City Hall. The applicant has now revised the proposed structure to a single float structure to stay within the U.S. Pierhead Line. The Tideland Affairs Committee is making a recommendation that the structure be approved as now submitted. A copy of the Staff Report and drawing will be available at the Marine Safety Department located on the beach adjacent to the Newport Pier on Thursday mornigg March 22. Please feel free to give me a call if I can be of assistance. My telephone number is 640-2156. Sincerely, David Harshbarger, Marine Director DH: db City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 S � -March .14, 1983 .•+r Mayor- & -City-_Council �LcB fso L�� ..City of Newport i Beaeh.;. % The City Clerks f! 3300-Newport Blvd.: _ - Newport Beach,,.Cali'fornia 92663 Subject: Harbor Permit Application 113-201 by Stacy Dobrzesky and Richard P. Ettinger to construct a joint owner - .ship pier and float on the property line shared by __ `201 and 205 Edgewater. Dear Ladies & Gentlemen: In addition to the hazard to navigation in an already shallow channe+, we request the subject permit application be denied on the basis that the beach is one of the last unobstructed swimming and water -oriented play areas --in the neigh orhood. Between -Fernando St--and-Island St., the piers and boats are so congested, both access and views from the beach are already overly -obstructed. Presently, the boat on (a very recent per- mit -issued to E. Rath) a new dock at 207 Edgewater encroaches approximately 10 feet into.the.street-end beach/water'at Al- varado Street -end beach.- This is -an enforceable encroachment problem at many other street end beaches in N.B. that should be addressed. Please forward a copy of this letter to the Tideland's Affairs Committee -for -their review.of:all permit violations. -(encroach ments:by larger than perraitted boats into street end'-beach/water) by dock owners. tea.;Ic SrN further.Information or detail -is needed with regard to our � est for denial of this application, please let us know. -+ela-«aer 7ncer�:e`ly., :. - - _ D M-1orrrey 8iea. Dir. Fi3 & R Dir. intori: &._ Patricia Ashton . Nnrir+g Dir.3097- Coronado FoliCe Chief Balboa; California 92661 Dir - - - Fb /V-P S Ax:,,e,11,A�,s C CJoV'r .0 /A;e CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER February 27, 1984 TO:. TIDELANDS AFFAIRS COMMITTEE, AVID :H:A:RSHBARGER, MARINE DIRECTOR FROM: City Manager SUBJECT:''.:..RECOMMENDATION RE - GIRL SCOUT USE OF NORTH STAR BEACH Attached, is a copy of a letter from the Girl Scouts request- ing use on May 18 through 20 of the North Star Beach. The letter was referred to the Tidelands Affairs Committee for report back to the City Council on March 12th. It is, therefore, requested that Mr. Harshbarger convene 3 meeting of the"Gmmittee at their convenience to formulate a recommendation to the City Council. ROBERT L. WYNN Attachment MEMORANDUM OFFICE OF THE CITY ATTORNEY February 24, 1984 To: Tidelands Affairs Committee Phil Maurer, Ruthelyn Plummer & Evelyn Hart From: Robert Burnham - City Attorney Re: Dobrzensky-Ettinger Application for Pier Permit Attached, please find a copy of a letter from Llewellyn Thompson, the attorney who represents Stacey Dobrzensky with regard to his application for a Pier Permit. The letter and attached sketch are self-explanatory. obert H. Burnham City Attorney RHB/pr CC. Dave Harshbar er Tony Melum FITZGERALD, ABBOTT & BEARDSLEY JAM ES C. SOPER, INC. ATTORNEYS AT LAW PHILIP M. JELLEY, INC. 1330 BROADWAY 17TH FLOOR JOHN L.McDONNELL,JR. R. M. FITZGERALD 166E-1934 GERALD C. SMITH OAKLAND, CALWORNIA 94612.2557 CARL H. ABBOTT 1867-1933 LAWRENCE R.SHEPP CHARLES A.SEARDSLEY 1682-1963 LLEWELLYN E.THOMPSON II 1415) 461-3300 RICHARD T. WHITE JAMES R. LAMBDEN STACY H. DOBRZENSKY MICHAEL P. WALSH NANCY J. CASALE February 21, 1984 OF COUNSEL PETER W. CRAIGIE Robert H. Burnham, Esq. Newport Beach City Attorney 3300 Newport Boulevard Newport Beach, California 92663 Re: Dobrzensky-Ettinger Application for Pier Permit Dear Mr. Burnham: In furtherance of our recent discussions, please find enclosed revised drawing to accompany the pier permit application No. 113-201 of Applicants which has been filed with the City. This modification of the application envisions a 6 by 22 foot finger within the pierhead line and is based on your letter of November 17, 1983. Newport Dredging Co. reports that the single finger will require only 90 cubic yards, vs. 213 for a 2-finger slip. In the event that the City was disposed to allow the pier to extend 10 feet further into the waters of Newport Bay, also Newport Dredging reports that the amount of dredging would only entail the removal of 50 cubic years of material. We believe that such an alternative is preferable since it further reduces the impact on the beach. We also believe that it is in keeping with the discretionary powers of the City Council to �approve the extension of a pier beyond the pierhead line in this area. Nevertheless, if the \� \ Tidelands Affairs Committee is set in its position of requiring the pier to be constructed /within the pierhead line, the Applicants are prepared to accept that decision and construct the pier accordingly. I would appreciate your providing the necessary number of copies of this letter and accompanying sketch to the Tidelands Affairs Committee and the Marine Department staff. I further request this matter be placed on the agenda of the City Council for its approval as quickly as possible. Very truly yours, FITZGERALD, ABBOTT & BEARDSLEY M LET:dsw Enclosure srF� Llewellyn E. Thompson H //3- i A"-X ° G#& u I C/ T Ye of N_cjypO er BEACH ti wlrlMr +o?r ~ At * �w[QOI D p Piet �f+�.v sLI40 e Mae**, F.q N it wwsr JfrT , VICINITY SKETCH r�l t NewipoRr 8AY CAL'FastNiA Yq / Soundings ore expressed /� %ef and d�noie dop AA be/o.r peon Lowe. Lo.�r Wof�i JNor/...+J'+ ron9e of /ide OpPrvx/I+.►o�.�y �� floroor 4%7es are eaichh'shed in �ti:S . secf.oir o{Ne»rporf 8oj: ENc,�.f _�tlriLt2 �,/CA.vTS A W Jea ADDiPE55��2�5 7,e,a C r .1/17 OA I-e CITY OF NEWPORT BEACH HARBOR PERMIT PERfWl66IQN IS HEREBY GRANTED TO CO NSTnUCT AMC MAINTAIN THE FACILITY SHOWN N THE PEVERSE HEREOF AT THE SITE IS"tDICA ED, SUaJ5 " n TO THE PROViSEONS O'l THE HARBOR PE¢a.FAI T POL'4,'�gy 0 ' Pilfll'P'On BEACH AMC ANY SPECIAL C:f3NV: TICUSs L::k THIS PERM.' IS NOT TRAI+ S ERA C f°s;'�':: _ . , . t;.., cam, a' iT Gr'„SENT G THE CITY HE RCOS? C'oO^;F': COUNC IL. TH RIGHTS GIVEN UNDE3? &Iwi:: �';E;_';:';� :`ice:'^ i-'Rlh':ISSIVE ONL'. AND THIS PERMIT MAY BE REVOXED E! 913E STY C OUNCU IN ACCORDANCE WITH TITLE IT OF THE WlU%UIC OPAL CODE. CITY HAF+ BaR COORDINATOii PERMIT No. DATE ... co/-'-T" 7e� /--- 6 AIIACHED SHEET SPECIAL CONDITIONS: Corps Of Engineers Permit Orange County Permit �i4— Cl r K o,=- NsmooRr &,6-.4c1-1 117 to i� � `J a lov d, bl" R *4r PlAr'L -rc, Xt.IAI.j Cowa=AA2Et 74 VICIKIITY SKETCH --f4-a-wp-pRr DAY 1. Jerrr CAL 10-OaNIA 5'0411eld7r7q5, 01-& &XPr4CSSed 1r) ACei and dvno.�e. OrOP Y-4 5 belOW /1-7crOP7 Lower ZOW ronge of fide QPpPUXiMQfCIy /0 4-e-1 Alo-rhor- /-;7es ore e.7iobl."shed in oyreV--w 65or. CITY OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT APB: MAINTAIN THE FACILITY SHOWN ON THE REVERSE HERLc AT THE SITE INDICATED, SUElr�T TO THjE PROVISIC.1 THE HARBOR PER -MIT POLEC.IES CF PiSWPORT BEAC;-, „r ANY SPECIAL CONDiTgONS I_FSTED HEN`iE:GN. THIS IS NOT TRANSFERAFLil WitTfzOUT (Il %",'qJT EU i<i i`.; THE CITY HARBOR. COOFse'9Ei4ATOR OR CITY COI1�:.. RIGHTS GIVEN UI DeR THIS PERMMT ARE P'EI3'Ro'.°15:.' AND THIS PERMIT MAY BE REVOKED BY THE C IN ACCORDANCE WITH TITLE 17 OF THE MI NIi, . �•< c:r`:9":�:'�'- .�`-b°! �r*;-�-';"ate _ CiTy vJF it i;-4 i'OR 0*401 f iar.x,^ a,vte:.:3F4S5.nf.:� SPECIAL C®Npn ioNS: Co" Of EVn"rs Pe .range$ COUP Permit "z7`Sa PERMIT ISSUED SUBJECT TO DREDGE MATERIAL BEING HAULED TO SEA PLACED ON E CH�� 0 f ,�_ Cl T Y of NEiYPOPr dfAcI4 7o Loy scoen n7'if' At t • ^� E ivtrl.or +o*r ~ .o O R � �. lncQoA D A e Q 4 r u au ...t.; D�'t'-yti i VICINITY SKETCH i � ltrrj- NfWIORT BAY CAL IFORK/p Y* / w Souhd/n9 S oie tXpietsed in leek and dipole dip fj+ s b e%W IW C01! Lo wrei ionge of lide �PPrvx/nso�e/y /O �Qaf Ho.00r !�i�es are eajobl/'sl,ed ir, ��+%s . secf.on o{rVe.✓po.f Sod II LA $ i - ' jZ I •Q' gas ZieACT ZENS�[.� _DTI L o r -��.�og tJ.eTE4z- Ate, CZ,✓rAP.4Cr O.orE _/oa ADDeSSS. CITY OF NEWPoRT 13EACII HARBOR PERMIT PERMISSION IS. HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN O'N THE REVERSE HEREOF. AT THE SITE INDICATED, SUBj ' T� T� PROVISIONS OF THE HARBOR PE.3R91InIT PC' OF SEACH ANr ANY SPECIAL CfJNI'' 'S`ION , i_'' ,' 5L"A"-01N. T PIS PERMJ1 IS NOT TRANSFERALI.:'. 4.... UNSENT E3i THE CITY HAicE3%?R Ca[,Da::;t„_V`.''s.q :.'e :,�". � COUNCIL. Tli+. RIGHTS GIVER IlR'REz3 i3 e3: �'Kc.G ;%R F—'r"'4 i5S?VC^ ONLI AND THIS PERMIT MAY BE FIEV�i KFED lay THE C: e Y COUNCI; IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. CITY HAR130OR®INATOR DATE SEE ATTACHED. SHEET SPECIAL CONDITIONS: Corps Of Engineers Permit Orange County Permit Other C! r Y cw /i/jwoo er u - —r #er AASJ . y f gCONS arogh in•rr `tea (Nor ruAt S[.al<) t Jte pr 1 arwKr *^ bv A p R T � swt�ow D •siJ . ao efr ��M � -__ aoo'w �cu s�.a►o -2v3 LW- Itr•�•• r�� Iws �`Qe >- _ �-Ooze r►. A prrX �. ram• j Its^�.'�r M• 'u DO ^s . NPrC4 O GeN�vw F NtL11 C = t/u M•� C''-I "v VICINITY SKETCH ~"r'syr% New► ar BAY Cast �I•eaKrA Y i Jsr�r w S'our7old nys or•o sXpiessed in ream/ ono, drnora o'op0hs below O ieoa Cower Low Woftr- 4fo�rawus range, of Aide opprox/rsro/e/yi /D ref Hoibor /riles ore esAob/t'shed a+ Vh:s • sec•I<ron, of Newporl Boy. I 3e• IP 0 �ru'6c1� .bsRu.,s�� P � J L /G'Awrs AIA �e �- BGrr. 7,CAC7' —WI•2n5 i-J.4TL�iZ Ate, s.E.A G+1�►l�+�ov+v .•.�n...`.�� Q AD �PESS - CIOAL CACAbnc OATS, ` !Vv WNEWPORT BU.CH ,.. NI` pa"Isslomil IS MAINTAIN- THE FS'_'RU _,s' - Ex.v�€>��._ :n.,tL�i; - AT THE SITt IPiB?9^ : 'w Fs S i E s fiv1�'r s us, Cr HARBOR : y °y c+:: � , � .� �>s. �L�`c� A'� THE. HARBO ANY SPECZAL ' i4��.y �V Ada j••• IS NOT T€8ANSF RAI.- THE CITY i `lP.. 01", RIGHTS,GaV/�n ; ru ar anl:, S G4��9Paa O9et.; qA,�. AND TAIS P'E2P''.'T'.iM: ::>a i � trS >< s . s °r.., ._ 2_.:a''+�'OU 1CiIL W ACCORDAN—LZ WIT'PI 'e'ME 17 C'-' ``u i= .kJ iFr::'s'; a: CODE. _ 1 ,�jfr�°�F'r�,., pp gR �,/ gFy �yY■ H�'SiL'S gyp i�rP1 rA/Ln'V'i'i. t�.'i i41�t° V�7� :: •: �t . Q VATA AUTfeor,-jZEPe BY CITY COu.jcIL 4''3 vZw 3 C/ T Y of NEiYPD.Pr BEACH PROPuS6:D pL�iJ s. N •� - --- f;,, fleu.}-b, L.0 - 7o C•.• 6coan a if 0�1 a N I', Q r e o �OI•.ve O ^ ` VICINITY SKETCH "'•'•"'�,ii 1�rrr Nrwioor aAY, CatILOaH/p 4 Yr i � w SOund�n95 or• aXpicsscd in &C/ and d�nose ikon Lower Z o "i Wo fcr. Mor..�►C/..+ io 9e of lide opP�vxi.no�./Y /40 Homo.- %ices ore e��ob/,'Shod i.. �/+%s . SCCl/D.! o{Nc.✓Porf Bob elTICEtQ aodA1�„s�`I� I pAQCeI f� I 0 J [. � cA,v r s A t�sldt2 L o f I.2 ' B c K _ 3 �.. ,./o a ,4 00QE S5' - 20Fj l-J.dTE�- Ate• Elr�ea c r A' T,eAC> -1/17, OATS CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY (714) 640-2201 November 17, 1983 Llewellyn E. Thompson, II, Esq., Fitzgerald, Abbott & Beardsley Attorneys at Law 1330 Broadway, 17th Floor Oakland, Ca. 94612 Re: Dobrzensky-Ettinger Application for Pier Permit Dear Mr. Thompson: I apologize to you for not corresponding in a timely manner and I appreciate your patience in this regard. The Tidelands Affairs Committee, and Marine Department staff, have given considerable thought to your proposal to construct a joint ownership pier bayward of 201/205 Edgewater. It is my opinion that the Committee, if called upon to make a recommendation to the Council at this time, would propose the following: 1. The construction of a single pier and finger float, 6 ft. in width, rather than the two U-shaped structures proposed; 2. The finger float would be held within the pierhead line; 3. Use of the float would be limited to vessels no more than 26 ft. in length; and 4. Construction would be conditioned such that natural sand profiles for this zone would not be impacted by future maintenance dredging that may be necessary to retain berthing depth beneath the float. If you concur with the current opinion of the Committee, please revise your Application to conform to the conditions listed above. Once the revised Application is received, the Tideland Affairs Committee will submit its final report to the City Council. City Hall - 3300 Newport Boulevard, Newport Beach, California 92663 Should you have any questions, please don't hesitate to contact me. Very truly yours, 4 �� Robert H. Burnham RHB/pr CC. Dave Harshharger Phil Maurer Ruthelyn Plummer Tony Melum ...o.;. ,.e .:2Wr�w.a.«c.i :;, *.:;. ,; ,..t.t i � .:u,:+.at al �?2Nnd4Uii •ffi':R:':YdaiSiGnsC+i'ilii3:iY r :rk`.,_iL:teu'.2W;2�'..J.:Yd�2f�ih..wdui�7iAiG4:.; t7 ; .rf. l_ ,�V-' CITY OF NEWPORT BEACH Marine Department September 29, 1983 TO:j CITY ATTORNEY FROM: Marine Director SUBJECT: HARBOR PERMIT APPLICATION 113-201 BY STACY H. DOBRZENSKY AND RICHARD P. ETTINGER TO CONSTRUCT A JOINT OWNERSHIP PIER AND FLOAT BAYWARD OF 201 AND 205 EDGEWATER The Marine Director, Tidelands Administrator and Mayor Pro Tem Phil Maurer (Chairman Tidelands Affairs Committee) reviewed in the field a revised plan submitted by the applicant on August 3, 1983. The consensus of opinion was that the plan should be further revised to hold the subject bayward extension of the float structure within the Pierhead Line. Secondly, if the finger float structure were further revised to allow one single width finger float, six feet in width, rather than two U-shaped structures, several of the objections that have been discussed during preceding Tidelands Affairs Committee meetings would be minimized. Thirdly, staff will recommend that vessels tied on either side of one finger float be limited to no more than twenty six feet in length, so as not to impact upon navigation of the Bay Island.Channel, or interfere with access to the slips on the east side of Bay Island. Fourth, the staff will condition the permit to assure that natural sand profiles for this zone not be impacted by future maintenance dredging in order to retain berthing depth beneath the finger float. This information should be passed on to Mr. Dobrzensky and he should be requested to revise his application as suggested. The Tidelands Affairs Committee will review a revised submittal and based on the revised plan, submit a :fina]lZreort to the City Council.. David Harshbarger Marine Director DH:db Attachment a�� o Cl T Y of /VEwpaa pr BE.4CN o 4 N E +�. - .vt..�i o1ff 4r p 0 At � `t •Aw`N � AwcHOA D ' SLwN� 11�L_ 1`0 s � Cote.v� O VICWIT�' SKETCH "sfAE'Tr Ew�� NLWpORT BAY CAL iFc ANfA = / • ��%fI Y IL S041rnd1n95 ofe eXpresserJ /n f'eey' and ddnofe dePt`h5 below M_-on Lover Gaw Woofer. Aloxl-pu'n ron9e of fide opProx/�»oie/y /O �ee,4 Hor6or /,i/es Ore es/o6//'Shed in -Ih:s . secf orf of Newporf Soy .,/oa ,4002E Ss '� I- 2�� ub�. ��• . CO.V7RAC row OAT / CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY (714) 640-2201 April 28, 1983 Llewellyn E. Thompson, II Stacy H. Dobrzensky FITZGERALD, ABBOTT & BEARDSLEY 1330 Broadway, 17th Floor Oakland, CA 94612 Re: Pier Permit Application 113-201 Gentlemen: On April 20, 1983 the Tideland Affairs Committee met to discuss Harbor Permit Application 113-201. This application was submitted by Stacy H. Dobrzenski and Richard P. Ettinger to construct a joint ownership pier and float bayward of residential properties at 201 and 205 Edgewater. After some discussion the Committee agreed that, prior to submitting any recommendation to the City Council, it would be appropriate to request the applicant to attempt to redesign the pier in an effort to either bring the structure within the Pierhead Line or minimize the extent to which the structure would extend past that line. In this regard, the Committee reviewed aerial photos which demonstrate that portions of piers constructed in this area have been built at angles to minimize the extend to which the pier extends into the bay. Please discuss this possibility with your architect and submit revised plans if you determine that another design is feasible. The Committee is also interested in knowing whether you would be willing to submit to conditions of approval which would limit the extent to which a boat could extend past the bayward edge of the structure. Finally, this office recommended to the Committee that the application be reviewed by our environmental coordinator to determine if an environmental document, other than a negative declaration, would be required. By copy of this letter I am asking Fred Talarico to conduct an initial study and we will make City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 Llewellyn E. Thompson, II Stacy H. Dobrzensky April 28, 1983 that available to you once it is concluded. Should you have any questions with respect to the contents of this letter please do not hesitate to contact the undersigned. Sincerely, RO4RT H. BURNHAM City Attorney cc: Fred Talarico, Environmental C000rdinat r David Harshbarger, Marine Director Tony Melum, Tidelands Administrator Evelyn Hart, Mayor, Tideland Affairs Committee Phil Maurer, Councilman, Tideland Affairs Committee Ruthelyn Plummer, Councilwoman, Tideland Affairs Committee MEB-HarPermit OFFICE OF THE CITY ATTORNEY MEMORANDUM April 28, 1983 To: Dave Harshbarger, Marine Director From: Robert H. Burnham - City Attorney Re: Dobrzensky's Pier Permit Application Your April 19, 1983 memo with regard to the Dobrzensky pier permit application contains many of the reasons why the application should not be granted and will apparently serve the basis for Committees recommendation in the event they determine that denial is the appropriate course of action. would suggest certain modifications to your memo if it is forwarded to the Council in conjunction with the Committee recommedation and those changes are as follows: as I I. In the first numbered paragraph you indicate that dredging would be harmful to the public street end beach at Alvarado Place. Some statement should be made that the applicant has admitted that the street end beach at Alvarado is relatively heavily used and that the Montero public beach is very heavily used; II. Your memorandum should include the fact that the pier constructed as proposed by Dobrzensky could, or would, interfer with access to the existing residential pier at the southeast corner of Bay Island; III. The memorandum could be amended to include some discussion of accumulative impact - precedent setting affect of granting this application. MEB-HarborPer eyEvy°��A P-0'Rta,� P CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92663-3884 April 19, 1983 Henry K. Swenerton President, Central P.O. Box 884 Balboa, CA 92661 Dear Mr. Swenerton: Newport -Beach Community Association Thank you for your letter regarding the proposed joint pier at 201 and.20b Edgewater. On March 28, 1983 the City Council referred the application for the subject pier to a City Council ad hoc Tidelands Affairs Committee for their review and report back at a later date. Your letter will be discussed with the Tidelands Affairs Committee for their review and consideration. It appears the Tidelands Affairs Committee will be making its re- commendation to the full City Council sometime in the early part of May. The Marine Department will advise you when this matter returns to the City Council so you can speak to the issue should you wish. If I can be of further assistance, please feel free to give me a call. I can be reached during normal business hours.,at 640-2156. Sincerely, David Harshbarger illarine Director 3300 Newport Boulevard, Newport Leach S_ FITZGERALD, ABBOTT & BEARDSLEY STACY H. DOBRZENSKY JAMES C. SOPER, INC. ATTORNEYS AT LAW CD U PHILIP M. JELLEY, INC. J J W C" W JOHN L.MCDONNELL,JR. 1330 BROADWAY, SUITE 1730 R. IT EROMDUI358-1 GERALD C. SMITH OAKLAND, CALIFORNIA 94612 CA2H. B dff OQ07-1 ; LAWRENCE R.SHEPP CHARLES A. B}a4RD5LEY LLEWELLYN E.THOMPSON a (415) 451-3300 - qqt!x a. RICHARD T. WHITE rL W JAMES R.LAMBDEN Q Z JOSEPH G.WALSH,JR. MICHAEL P. WALSH April 15, 1983 ROBERT D. MCGUINESS NANCY J.CASALE PETER W. CRAIGIE Robert H. Burnham, Esq. Newport Beach City Attorney 3300 Newport Boulevard Newport Beach, California 92663 Re: Dobrzensky-Ettinger Application For Pier Permit Dear Mr. Burnham: I wish to thank you on behalf of the applicants for the thoughtful consideration which you and. the Tidelands Affairs Committee gave to the matters discussed on March 25, 1983. I recognize that there are both complex factual and legal issues involved as well as local factors which must be considered. I have had the opportunity to review the Beacon Bay Bill which you so kindly provided to me at the meeting. The tidelands and submerged lands apposite the Dobrzensky and Ettinger properties were granted to the City of Newport Beach by the State of California by an act of the Legislature approved April 5, 1927 (Chapter 70 of the Statutes of 1927). The line of mean high tide was established by a decree of the Orange County Superior Court in action No. 24080 on August 22, 1928. That action was not one of the numerous decisions confirmed by the Acts of the Legislature in 1929 and 1931 (Chapters 142 and 200, respectively), which are referred to in the Beacon Bay Bill. The Beacon Bay Bill primarily affects a tract of homes across Newport Bay from the subject property by assuring that the owners of dwellings which are located on city owned lots that they will not lose their valuable improvements, while at the same time assuring the City of Newport Beach that it will obtain a fair rental value in the form of long term leases of the lots upon which these improvements rest. For some unexplained reason, the Bill goes further by repealing various Statutes by which the Legislature granted tidelands and submerged lands to the City of Newport Beach and also by repealing other Statutes which confirmed some of the decrees of the Orange County Superior Court fixing the upland boundary of the tidelands in various areas of Newport Bay. The Bill instead grants to the City of Newport Beach all tidelands and submergered lands which bordered on property which was within the corporate city limits on July 25, 1919. I suspect, although I have no direct information on this point, that the It applicants' property was not within the corporate city limits in 1919 and thus it is possible -1963 Robert H. Burnham, Esq. Page Two April 15, 1983 that if the Beacon Bay Bill is effective, the State of California, rather than the City of Newport Beach, owns the submerged and tidelands below the applicants' beach. What is clear, however, is that nothing contained in the Beacon Bay Bill in any way alters the high tide boundary along the bayward edge of the applicants' properties, which was established by the Orange County Superior Court in 1928. That decree of the court, unlike several others, was never confirmed by an act of the Legislature, nor was it necessary that it should be so confirmed. Unquestionably, the court was exercising proper jurisidiction over the case and the City of Newport Beach, being a party to the action, as were the remote grantors or grantors of the applicants' properties, is precluded by principles of law so well established that they need not be repeated here from claiming any different high tide line some 50 years later. I have also had the opportunity to review Marks v. Whitney (1971) 6 Cal.3d 251 in light of your comments at the meeting. My criticism with this case relates to the fact that its holding does not apply to the land which we were discussing at the meeting, namely, the beach front properties owned by the applicants. In that case, the trial court had found that the disputed portion of Marks lands constituted part of the tidelands of Tomales Bay. In thus -at hand no art of the lands of ttte applicants are below the line of mean high tide.--sl,? k1- � r� 4l,s�=�� aV_ _; rcr S=G , -V--� Map - I have no doubt, however, that as to the tidelands and submerged lands of Newport Bay which are located bayward of applicants' lower lots, either the City of Newport Beach or perhaps the State of California, holds such watery lands in public trust for fishing, hunting, bathing, swimming, boating, anchoring and general recreational purposes. I simply take exception to applying Marks to the facts at hand. Here we are certainly not involved with extensive tidelands such as are natural habitats for water fowl or various forms of plant life. The ebb and flow of tide occurs over a scant few feet along the beach front. The pier would cover onlyy a small portion., of ,..the tideland& .b.elow the applicants! respective- properties. The -same., minimal„use.would>,occur.-wlth.respec.t, 9 the submergered lands beyond those tidelands. Marks has no application to the littoral above the line of mean high tide. The applicants' beach is not subject to the public trust which encumbers the tidelands and submerged lands. The line of mean high tide, as discussed above, has been established by a decree of the Orange County Superior Court which is binding on all parties as being the northerly or bayward edge of the lower lots of the respective applicants. Where does that leave us? The applicants wish to pier out over their own property down to the tidelands and submerged lands of Newport Bay. The principal portion of the pier will be built over their own private property. The public has no rights Robert H. Burnham, Esq. Page Three I April 15, 1983 in this property, save and except as an easement for public highway purposes. Unless and until the public needs conflict with the applicants' desire to pier out over their own property, they have an absolute right to do so, provided they conform to local building codes. As I mentioned previously, their right to pier out beyond their property to ell 4' deep water must be balanced against the public trust's rights and needs in those watery lands. One of the very basic rights of littoral owners is the right to pier out to the line of (�► navigability. Marks v. Whitney (1971) 6 Cal.3d 251, 263. The applicants realize that the utilization of the tidelands and submerged lands for this purpose must be at all times compatible with the public's interest in these watery lands. State of California v. Superior Court (Lyon) (1981) 29 Cal.3d 210, 232. The public uses of the lands within the trust are primarily for navigation. The needs of the public in this regard are sufficiently flexible to allow the applicants to exercise their right to pier out to deep water. The public needs are not disturbed to any significant extent for navigation, fishery, commercial, ecological, recreational, aesthetic or scientific uses. In summary, it should be noted that the applicants' plans 'to pier out over a combined area of less than 20 linear feet of tidelands and submerged lands is consistent with the reasonable needs of the public in those trust lands. Navigation is undisturbed. Swimming and sunbathing is available along a guarded public beach just to the west of the proposed pier. The area where the pier passes over the applicants' beach area is wholly unsuited to any recreational, environmental or aesthetic purpose. Indeed, it could be argued that the public is better served by the applicants building a pier at that location, since it may reduce the number of unlawful boating activities which take place from time to time in the area, such as landing or mooring boats along the waterfront. While he does not presume to be an engineer, Mr. Dobrzensky did prepare the enclosed graphic, based on the aerial map you were kind enough to give us. By scaling the Harvey pier, he arrived at the dimensions indicated. Assuming an error of + 51, there will be an 80' clearance between the nearest float finger on Bay Island and that of the proposed projects. The bayward end of the project will be an average of 40, to the south of the nearest side of the Bay Island pier. The 80' opening is considerably greater than the width of the entrance at the west end of Bay Island channel. Both dimensions give ample "maneuvering room" for docking a 60' boat at the southerly most slip on Bay Island. The docking maneuvering is made easier by the fact that boats docking at the Bay Island facility use one of only two approaches, coming southerly from the Newport Channel, or westerly from the direction of the Pavilion. Note also that the pier and float projects out 70' from the sidewalk. The nearest pier and float to the east (Harvey) projects out 931, and beyond that to the east, all piers and floats projects out further than 93'. Robert H. Burnham, Esq. Page Four April 15, 1983 From the above it seems clearly to be the case that (1) no precedent will be set by permitting the application, (2) navigation will not be interferred with, (3) the project location leaves the smallest, least useable part of the beach on one side (40% while maximizing the usefulness of the desireable portion (1151) on the other side of the pier, thereby enhancing its use by swimmers and bathers and discouraging boat landings in front of the applicants' residences. Messrs. Dobrzensky and Ettinger respectfully request that the Tidelands Affairs Committee recommend to the City Council that their application to build a pier be approved. The circumstances in this case, and the area in which such structure is proposed to be built, strongly favor granting their application. Very truly yours, FITZGERALD, ABBOTT & BEARDSLEY Z By i Llewellyn . Thompson LET: at Enclosure cc: Members of Tidelands Affairs Committee Mr. Richard P. Ettinger Mr. Stacy H. Dobrzensky Gillis & Derby, Inc. r SEW PO T CITY OF NEWPORT BEACH U P.O. BOX 1768, NEWPORT BEACH, CA 92663-3884 cq��FORN�P April 7, 1983 James.Higson President, Bay Island Club 162 Rochester P.O. Box 301 Costa Mesa, CA 92627 Dear Mr. Higson: vl .. Thank you for your letter of April 5, 1983 regarding a:proposed pier and slip at Alvarado Street. On March 28, 1983 the City Council referred the application for the subject pier to a City Council ad hoc Tideland Affairs Committee for their review and report back at a later date. Your letter will be referred to the Tideland Affairs Committee for their review and consideration. It appears the Tideland Committee will be making a recommendation to the full City Council sometime in the latter part of April or early May. The Marine Department will advise you when this matter returns to the City Council so you can speak to the issue if you wish. If I can be of further assistance, please feel free to call me. I can be reached during normal business hours at 640-21-56. Yours truly, David Harshbarger, Marine Director DH:db 3300 Newport Boulevard, Newport Beach BAY ISLAND CLUB 162 ROCHESTER POST OFFICE BOX 301 COSTA MESA, CALIFORNIA 92627 April 5, 1983 Mr. David Harshbarger Department of Marine Safety City of Newport Beach Newport Beach, CA 92660 Re: Proposed Docks ---Alvarado Street, Balboa Dear Mr. Harshbarger: The Bay Island Board of Directors strongly opposes the construction of large slips projecting into the Edgewater Channel. Our experience with two similar docks just westerly of the Bay Island bridge has been: an unhappy one. Congestion between these proposed slips and the present facility lying closest to it on Bay Island would be severe. This would be further complicated by boats moving through the channel and, of course, numerous swimmers during the summer when the channel is closed to through -traffic. On the other hand, we do support these homeowners' desire to have a dock facility. If the proposal embodied pier and float configurations like the two lying directly to the west along Edgewater, we would be wholly in accord with the idea. These smaller docks could be built within the "Pierhead line," would accommodate boats near 30 feet tied parallel to the shore, and would in no way pose a hardship or inconvenience to Bay Island slip owners or bathers using the beaches. Vc,r7 sincerely yours, r f James D. Higson Preside Bay Island Clu v Cl T Y117 as of /i/E'�Po,pr BE.acN L._ --- .-- _ i' /!L( ff �C,y � BAG80A D s CpOONw" V1CJM(TY SKETCH wYsrJE� � fA 1 r CAS,--- i Jtrrr w Soundings o,-e eXpicssad /n {eel and derno-/e dep fA s 6 e/ow tiie017 LoWei LOW Wo fer. /Nox/.+sc/ n ron9e o/ /ide lD V%-6-4- tJornor li7es Ore eaio6/t'shed in -Ih:S . sec><.on ot'N--W -oef Soj I-e�mwd rm -./oe ADo2Es5 AYO' Co,vrRACro Q --- -- OAT / CITY OF N WPO T BEACH U P.O. BOX 1768, NEWPORT BEACH, CA 92663-3884 c9e� Fa RN�P March 30, 1983 Winton and Patricia Ashton 309.Coronado Balboa, CA 92661 Dear Mr. and Mrs. Ashton: Your letter of March 14, 1983 reference Harbor Permit Application.113-201 was included in the City Council Agenda material of March 28, 1983. The City Council referred the attached letter to the Tidelands Affairs Committee for their continuing review of the Stacy Dobrzensky and Richard Ettinger pending pier application. It appears the Tidelands Affairs Committee will be making a.recommendation on the matter to the full City Council sometime in the latter part of April or May. To date, no recommendation has been formulated. The Marine Department will advise you when this matter returns to the City Council so you can then speak to the issue if you wish. If I can be of further assistance, please feel free to give me a tall. I can be reached during normal business hours at 640-2156. Yours truly, David Harshbarger, Marine Director cc: City Clerk DH;db 3300 Newport Boulevard, Newport Beach MEMORANDUM OFFICE OF THE CITY ATTORNEY March 25, 1983 To: Tidelands Affairs Committee From: Robert H. Burnham - City Attorney Re: Pier Permit Application filed by Stacy Dobryzinski & Richard Ettinger Stacy Dobryzinski & Richard Ettinger, owners of property located at 205 and 203 Edgewater, have applied to the City for a permit to construct a private pier, bayward of their residences. The matter was referred.to the Tidelands Affairs Committee by the City Council for review, study and recommendation. This memorandum will, hopefully, serve to clarify the legal issues presented by the application and the letter dated 3/16/83, submitted on behalf of the applicants. The application calls for the construction of a pier across tidelands granted, in trust, to the City in 1919, and regranted in 1978 pursuant to the Beacon Bay Bill. While the owner of property adjacent to tidelands has a right to pier -out to the line of navigability, this right is subject to certain other rights reserved to the general public. When tidelands have been granted to the City, the City is the trustee of those public rights. These public rights are, traditionally, defined in terms of navigation, commerce and fisheries, but also include the right to fish, bathe, swim, boat and recreate. Thus, in considering the application, the principal concern of the Tidelands Affairs Committee should be a determination of the extent to which the pier would impair the public rights described above. That portion of the pier not constructed over tidelands would be built over property dedicated to the City for street and highway purposes, and property which has been used, from time -to - time, by members of the general public for beach related facilities. In this regard, in 1977, posts and chains erected by the applicant, or his predecessor -in -interest, were removed by the City with the adoption of Council Policy L-7. The applicant opposed the removal of the chains and posts, opposed adoption of Council Policy L-7, and continues to insist that any use of the beach in front of his residence was with his consent and subject to conditions. There are two legal issues raised by these facts: The first relates to the propriety of the City, in granting permission to build any structure across a dedicated public right-of-way. The applicant suggests, as the owner of the underlying fee, he has the right to use the property for any purpose that is not inconsistent with the public easement. While this is generally true, there is some law to suggest that a public entity is not allowed to abandon, nor authorize the construction of improvements on a public right-of-way that serves as access to State tidelands. The second legal issue relates to the possibility that the public has acquired some prescriptive right, through long- standing use, of the beach bayward of the bulkhead along Edgewater. The applicants contend that they have utilized the sandy area adjacent to the bulkhead as a private beach and claim that any use of the beach by members of the general public has been with the consent of the applicants. If this issue were litigated and if the City were able to establish uninterrupted Public use for more than five years, the applicants would be forced to affirmatively prove that they made bona fide attempts to prevent public use. The fact that the public may have acquired prescriptive rights would not preclude the City from granting the application, but would be a factor to consider in the determination whether approval of the applicant would significantly impair public rights. 2 It is the opinion of this office that the function of the Tidelands Affairs Committee should be to obtain all information relevant to a determination of the extent to which construction of the pier would impair the public rights which have been acknowledged by the applicant, and those public rights which may exist but which are disputed by the applicants. At the meeting of March 25, 1983, the Tidelands Affairs Committee should solicit from the applicants the following: 1. Any plans or drawings which would depict the design, length, or location of the proposed pier; 2. The success of the efforts of applicants to preclude the use, by the general public, of the beach area in front of their residence; and 3. Information which may bear on the actual location of the mean high tide line. It is suggested that the Tidelands Affairs Committee also obtain information from members of the community as to the following: RHB/pr 1. The nature and extent of the public use of the beach; 2. The extent to which construction of the pier would impact navigation, specifically, information regarding potential impacts of a pier which extends beyond the pierhead line; 3. The impact, if any, of any dredging necessary to allow for construction of the pier or continued maintenance of the pier. 3 obert H. Burnham STACY H. DOBRZENSKY JAMES C. SOPER, INC. PHILIP M. JELLEY, INC. JOHN L.MCDONNELL,JR. GERALD C. SMITH LAWRENCE R.SHEPP LLEWELLYN E. THOMPSON 2L RICHARD T. WHITE JAMES R. LAMBDEN JOSEPH G. WALSH, JR. MICHAEL P. WALSH ROBERT D. MCGUINESS NANCY J.CASALE PETER W. CRAIGIE FITZGERALD, ABBOTT & BEARDSLEY ATTORNEYS AT LAW 1330 BROADWAY, 17TH FLOOR OAKLAND, CALIFORNIA 94612 City of Newport Beach Tidelands Affairs Committee 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: (415) 451-3300 March 16, 1983 Re: Application for Pier Permit R. M. FITZGERALD 18SS-1934 CARL H. ABBOTT 1867-1933 CHARLES A. BEARDSLEY 1882-1963 Jvl- �A 11 rE MAR ,� 31983,r� i t Cli I . ►v I I ' ; The application of Stacy H. Dobrzensky and Richard P. Ettinger (hereinafter sometimes referred to as "applicants") to construct a joint -ownership pier and a float along the common property line of the applicants' property came on for hearing before the Newport Beach City Council on February 28, 1983. The City Council referred the matter to the Tidelands Affairs Committee for analysis of any difficulties which the application might present. A brief analysis of the law relating to the construction of piers within Newport Bay and of the facts which have a bearing on the recommendation of the Committee and the decision of the Council would seem appropriate. FACTS Stacy H. Dobrzensky and Richard P. Ettinger are the owners of adjoining improved parcels of property which are located in a subdivision established in 1905 known as Block C of Newport Bay Tract. Their lots face northerly toward Newport Bay along a peninsula which extends in an easterly direction separating Newport Bay from the Pacific Ocean. Each owner also owns a water lot located on the bay side of a 50-foot wide strip of land which runs parallel to the bayward boundary of their respective upland lots. This strip was dedicated by the owners of the subdivision and accepted for street purposes by the Orange County Board of Supervisors at the time of recordation of the subdivision map in 1905. It was formerly known as The Strand but is now referred to as Edgewater Avenue. It has never been improved for street purposes with the exception of a six-foot wide strip nearest the upland lots, which is a paved sidewalk. The owners have utilized the remaining 44-foot wide strip down to their water lots for private beach purposes, 7 regulating use thereof by the public, since the improvement of their respective upland lots many decades ago. In 1919, the state granted to the City of Newport Beach all tidelands and submerged lands bordering upon, in and under Newport Bay and situated below the line of mean high tide. In 1927, a similar grant was made of tidelands and submerged lands which City of Newport Beach Page Two March 16, 1983 were adjacent to the newly -acquired city lands, including lands contiguous to, lying northerly of, the applicants' water lots. In 1929, the state made a third grant of tidelands to the city so as to provide the city with title to all tidelands and submerged lands, including newly -filled tidelands within the newly expanding corporate limits of the city. In 1928, the Orange County Superior Court established the southerly or landward boundary of the tidelands in the vicinity of the subject properties. The mean high tide was fixed along the northerly or bayward boundary of the two water lots. A copy of the judgment in the quiet title action brought by the City of Newport Beach against the grantors or remote grantors of the applicants' properties was recorded on September 18, 1928, in Book 203, page 25, Orange County Records. The applicants now wish to build a pier along their common property line from a point upland of their water lots to a point beyond the line of mean high tide, which will provide them with access to deep water. LSSUES The two principal issues raised by their request involve the right to construct a pier over a portion of the beach between their respective upland and water lots (not including the aforementioned sidewalk area) and the right to extend that pier beyond the bayward boundary of their respective water lots into navigable waters. 1. The Applicants May Construct a Pier on Their Property to the Point of Mean High Tide. The first issue is simply resolved. The Strand, now Edgewater Avenue, was accepted as a public street by the Orange County Board of Supervisors by an endorsement placed on the subdivision map which was recorded in 1905, the year before the City of Newport Beach was incorporated. No factual issue is present in this case regarding the dedication, unlike the factual issue regarding that portion of Edgewater Avenue west of the applicants' property which was placed before the court in Tischauser v. City of Newport Beach (1964) 225 Ca1.App.2d 138. Presumably, the city has not abandoned its easement for highway purposes. The applicants claim fee title to lands both north and south of the dedicated area, which, although only partially improved with a sidewalk, shall be referred to as "Edgewater Avenue" for the sake of convenience. By reason of such dedication, first the county, and, after its incorporation on September 1, 1906, the City of Newport Beach, acquired an easement for travel by the public. In this regard, the city may make such use of the 50-foot wide strip as is necessary to maintain the "highway" in a proper and convenient manner for the exercise of this use by the public. Gurnsey v. Northern Cal. Power Co. (1911) 160 Cal. 699, 705. On the other hand, where land is dedicated as a public street, the owners of abutting property are presumed to be the owners of the fee to the street's center. Civil Code §S 831, 1112; Neff v. Ernst (1957) 48 Cal.2d 628, 635; Abar v. Rogers (1972) 23 Cal..App.3d 506, 512. The applicants' fee title over said highway easement was expressly City of Newport Beach Page Three March 16, 1983 confirmed in the aforementioned quiet title action (City of Newport Beach, etc., v. Ba Island Club, a corporation, et al.), being Orange County Superior Court Action No. 24080. Paragraph III of the judgment rendered therein reads as follows: "It is hereby ordered, adjudged and decreed that in the above descriptions of the respective parcels of land hereinbefore decreed to be owned by the respective defendants wherever any boundary line of any of said parcels is in fact the side line or the prolongation of the side line of a strip of land shown as a street or alley on any map or subdivision of record, and also wherever any boundary line of any of said parcels of land is the side line of a strip of land over which plaintiff or the public has an easement for ingress or egress for street or alley purposes then said respective descriptions and said respective parcels of land belonging to said defendants, shall be construed as running to and including to the center line of each such adjacent strip of land and each respective defendant owning a parcel or parcels of land adjacent to a strip of land over which plaintiff or the public has an easement for ingress or egress for street or alley purposes is hereby decreed to own the fee title to the center line of such adjacent strip being that part of the one-half of strip adjacent to said defendants' parcel of land so that the center line of such strip is the dividing line in each instance between the respective parcels of land owned by the respective defendants, subject, however, to the said easements for ingress and egress for street and alley purposes herein decreed to exist in favor of plaintiff and the public over such strip." Subject to the public easement, the applicants, as owners of the fee, may exercise all right of dominion over their land. Since the city has chosen to utilize only a small strip along this southerly boundary of Edgewater Avenue for street or highway purposes during any of the easement's 80-year existence, it follows that the applicants may make use of the remainder of the 50-foot wide strip for such purposes as they may wish consonant with local legal sanctions. Any interference with these property rights constitutes a private nuisance which may be remedied in a suit for damages (People ex rel. Dept. of Public Works v. Presley(1966) 239 Ca1.App.2d 309, 312), for an injunction (Schaufele v. Doyle (1890 86 Cal. 107), or an ejectment (Weyl v. Sonoma Valley R.R. Co. (1886) 69 Cal. 202, 206). Since the adjoining landowners have maintained the area of Edgewater Avenue between their respective upland and water lots as a private beach, the Supreme Court's ruling in the Gion-Dietz cases is inapplicable. Gion v. City of Santa Cruz and Dietz v. King (1970) 2 Ca1.3d 29. It is thus obvious that the applicants have the right to construct a pier and float down to the bayward edge of their respective water lots. The city, on the other hand, has the right to impose legal limits on this right to construct such a pier and float in much the same way as it has the right to impose limits on the construction of other types of improvements on private property. It must be noted, however, that such limitations may not be based on any claim of right on behalf of the public to use the 44-foot wide strip of land as a beach, City of Newport Beach Page Four March 16, 1983 since the public has no such right. Only the applicants may exercise such dominion over their land subject to the public easement, and only they are entitled to the advantages which may be derived from such fee ownership. Abar v. Rogers (1972) 23 Cal.App.3d 506, 512. Since the city has approved piers all along Edgewater Avenue in all other cases where the applicants had upland and water lots which straddled Edgewater Avenue, it would be an abuse of discretion to deny these applicants the right to construct a similar pier over their respective lots down to the line of mean high tide. 2. The Applicants May Construct a Pier to Deep Water if it Does Not Obstruct Navigation The right of the applicants to pier out beyond the bayward boundary of their water lots into deeper water below the line of mean high tide is governed by other principles of law and regulations. The state acquired title to California's tidelands and navigable waters from the United States upon its admission to the Union, subject only to the power of Congress to regulate foreign and interstate commerce. People v. Southern Pac. R.R. Co. (1913) 166 Cal. 614. Upon the grant to the City of Newport Beach of the lands below the mean high tide in 1927, the city began to hold title to the lands upon the same trusts and for the same uses and purposes as were attached to the state's title. Oakland v. E. K. Wood Lumber Co. (1930) 211 Cal. 16. These uses and purposes include the right on the part of the state or its lawful grantee to hold, control and improve said lands in furtherance of the public uses of navigation, commerce and fishery. People v. Southern Pac. R.R. Co. (1915) 169 Cal. 537; People v. So. Cal. Fish Co. (1913) 166 Cal. 576, 584. Considering the rights of the applicants as owners of the littoral above the mean high tide line, the following points should be noted. If the littoral abuts navigable waters, as may be the case in an area of an improved waterfront, the owner of the littoral has a vested right to enter upon such navigable waters without interference from the owner of the land below the navigable waters or anyone else. Shirley v. Bishop (1885) 67 Cal. 543. If the owner of the littoral must cross over tidelands to reach navigable waters, such right of access is not vested. It is available to the littoral owner as against all but t the owner of the intervening tidelands or submerged lands. City of Oakland v. Buteau (1934) 219 Cal. 745, 755. The city, as the grantee of the state and trustee for the public of the tidelands and submerged lands, may use either or both for public purposes. Whether the owner of the littoral owns land down to navigable waters or only to the intervening tidelands or submerged lands, such upland owner cannot exercise his property rights so as to obstruct or interfere with navigation, commerce or fishery. Subject to that limitation, the owner of the littoral has the right of access to navigable waters and the right to construct a landing, wharf or pier for his own use. What then are the constraints relating to construction of a pier over the tidelands to the navigable waters of Newport Bay? Since the proposed project is located between U.S. Bulkhead Stations No. 113 and 114, the approval of an application to City of Newport Beach Page Five March 16, 1983 construct a pier and float cannot be given by the Marine Department without City Council approval. Sec.23E.* The City Council may consider special circumstances or conditions affecting the harbor installation that would impose undue hardship on the applicants. Sec. 24. Sec. 5F suggests that if the City Council approves the application, it will not be necessary to obtain the approval of the Joint Harbor Committee. Although the pier would extend beyond the established pierhead line, permission for such extension appears to be embraced within the City Council's approval to construct such a pier in a "Sec. 23 hearing." In any event, it appears that if the City Council grants a permit to construct the pier which extends beyond the pierhead line, the U.S. Corps of Engineers must also agree to allow construction of such facility. The applicants' properties are the only lots between the Pavilion and the Bay Island Channel which do not have access to a pier. The U.S. Bulkhead line appears to approach the line of upland lots within the subdivision as it moves in a westerly direction toward the Bay Island Channel. In fact, it appears to cut across the northwest corner of the upland lot owned by the Ettingers, owing perhaps to the fact that the bulkhead did not follow the shoreline at this location when it was established many years ago. The pierhead line, which runs parallel to the bulkhead line, is approximately 50 feet north or bayward of the bulkhead line in the vicinity of the applicants' properties. The pierhead line crosses the line of mean high tide near Alvarado Place and proceeds in a westerly direction across upland areas in the vicinity of the applicants' properties. The pier and float which the applicants propose to construct would extend 70 feet beyond the sidewalk which runs parallel to the applicants' properties. Since the pier would cross the remaining 44 feet of Edgewater Avenue, then travel an additional 6 to 10 feet over the applicants' water lots, the float would extend 20 feet or less into the tidelands or submerged lands of Newport Bay. Considering the three limitations on the construction of a pier in the tidelands or submerged lands of Newport Bay, namely, prohibition against interference with navigation, fishery and commerce, it appears that such a pier and float would only have even a potential adverse effect upon navigation. Neither commerce nor fishing would be affected in any adverse manner whatsoever. * References to sections refer to the Harbor Permit Policies of the City of Newport Beach, reaffirmed February 9, 1981. City of Newport Beach Page Six March 16, 1983 The impact which such pier might have on navigation relates primarily to the very minor amount of boating traffic which travels through the Bay Island Channel (limited to rowboats and canoes by reason of the shallow depth of the Channel and the impaired clearance under the bridge which stretches over the Channel). In the seven city blocks which stretch from the Pavilion to Alvarado Place, there are twenty-six piers and floats. The last pier in the line across Alvarado Place from the applicants' properties is the Harveys' pier and float, which extends 93 feet from the sidewalk. The applicants seek to construct a pier which would extend only 70 feet from the sidewalk. The applicants are the only landowners along the remainder of the littoral opposite Bay Island from Alvarado Place and westward who own water lots and who have not constructed a pier. None of the landowners west of the Ettinger property in the vicinity of Bay Island Channel have any room in which to construct a pier and float, since the Channel must be kept open to navigation according to the terms of a grant deed to the submerged lands under the Channel which the city obtained in 1927. The construction of a pier at the proposed location will not adversely affect boat traffic through the Channel. Such traffic is forbidden during the summer months because of swimming which takes place west of the rockpile which separates the applicants' beach from the public beach along Bay Island Channel. During the remainder of the year, a small amount of light boating traffic uses the Channel. At the east end, the point of the proposed float closest to the mouth of the Channel would be approximately 80 feet distant from the nearest Bay Island float. This space is considerably wider than the space between the piers at the west end of the Channel and that portion of Bay Island opposite them. Because of wind and tidal action, boats approaching the Channel from the west must use an 'IS" curve approach. On the other hand, boats approaching the Channel from the east in front of the applicants' properties may approach the Channel head-on without the need to perform any intricate nautical maneuvers. SUMMARY In summary, the construction of the proposed pier and float poses no hazard to navigation and does not affect commerce or fishing in Newport Bay. It is in keeping with the neighborhood to the east, since each landowner has access to a pier, and does not portend a flood of applications for the constructions of piers and floats from landowners to the west along the Channel since the construction of such piers and floats within the Channel would clearly adversely affect navigation. The applicants, who are long-time residents of the area, are entitled to a pier and float as a matter of private right as landowners. The construction of such a pier and float is in keeping with the historic and accepted use of Newport Bay for recreational purposes. Such construction and use of the proposed pier and float would not encroach upon areas required for navigation, commerce or fisheries and will not substantially impair the public interest in the lands and waters remaining in the city's trust. City of Newport Beach Page Seven March 16, 1983 The applicants request that the Tideland Affairs Committee return the application to the City Council with the recommendation that the project be approved. Very truly yours, FITZGERALD, ABBOTT & BEARDSLEY By Llewellyn . Thompson II LET:bvm cc: Robert E. Burnham, Esq. Mr. Richard P. Ettinger Gillis & Derby, Inc. March 14, 1983 Mayor & City Council City of Newport Beaeh % The City Clerk 3300 Newport Blvd. Newport Beach, California 92663 Subject: Harbor Permit Application and Richard P. Ettinger to ship pier and float on the 201 and 205 Edgewater. Dear Ladies & Gentlemen: 113-201 by Stacy Dobrzesky construct a joint owner - property line shared by In addition to the hazard to navigation in an already shallow channel, we request the subject permit application be denied on the basis that the beach is one of the last unobstructed swimming and water -oriented play areas in the neigh orhood. Between Fernando St. and Island St., the piers and boats are so congested, both access and views from the beach are already overly obstructed. Presently, the boat on (a very recent per- mit issued to E. Rath) a new dock at 207 Edgewater encroaches approximately 10 feet into the street -end beach/water-at Al- varado Street end beach. This is an enforceable encroachment problem at many other street end beaches in N.B. that should be addressed. V Please forward a copy of this letter to the Tideland's Affairs Committee for their review of all permit violations (encroach- ments by larger than permitted boats into street end beach/water) OSver by dock owners. D83 further information or detail is needed with regard to our .uest for denial of this application, please let us know. lin nellmenager z�icerely / • Attorney • Bldg. Dir, � • GenSery Dir � • RD & R Dir, inton & Patricia Ashton 11 Planning Dir.309 Coronado O Police Chief Balboa, California 92661 ght Dirr F t Te-VAE-4.4 b 7-? —lcrS—,9 CENTRAL NEWPORT BEACH Community Association P.O. Box 884 March 10, 1983 Balboa, Ca. 926 Honorable Mayon Eve.tyn Hart and Membexs o6 the City Couneit City Ha.22 3300 Newpo-4t Boutevard P.O. Box 1768 Newpoht Beach, Cat 6orn.i.a 92663 Deatc Mayon Hart and Membeu o6 the City Councie: Harbor Petrm i t Appt icatio n 113- 2 01 by. -Stacy H . Do bnenz ky and Richard P. €ttingetc to con6tAu.ct a joint own.euh.ip pier and gloat on the pro peAt y tine Shared by 201 and 205 Edcq ewater At the tcegu2atc monthly meeting o4 the CentAat Newpotrt Beach Community M-6ociation held on March 8, 1983, I wa3 .instAucted to write to the City Councit &equezting that the zubject, Harbot Permit Appt i.cation, be denied. A6ter eareJut investigation, we recommend that the proposed .6t uctuhe be head back behind the U.S. P.ie&head Line. ,CJ V 1 Ass .stated by the Marii,ne Depattment .in theitr. 6taJJ report, the ztAu.c tutce, as proposed, woutd be. channetwaAd about 15 fleet Jutrther than adjacent .6tAueturm; and given the width o6 the proposed Est i.ps, it woutd be po.6.6 ibte to beA th a vess e e thence that would extend ehanne axLkd an addit ionat 12 fleet Jrom the end of the stipz, thus etceati,ng a potenti.at hazard to navigation. .. Adds tConatt y, the ex i 6ti,ng channel between the Pen.iwsula beach and Bay Island would be nantr.owed. Thank you very much Jor your cons.idetcation of this request. you us ne.6pect4utty, --- Henry K. -9(venettt000n Pred.ident HKS/h6n Date c� COPIES SENT T0: 6Nayor anager o Attorney G is:•dg. Dir. L GenSery Dir. CPB&RDir. c Planning Dir. ❑ Police Chief ❑ P.'. Dir iher�k;yc.�J ` f15 �CrGr1•"� CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER March 1, 1983 TO: MARINE DIRECTOR FROM: City Manager SUBJECT: DOBRZENSKY PIER On February 28th the Newport Beach City Council referred the attached application to the Tidelands Affairs Committee for review. Please schedule this matter with the Tidelands Affairs Com- mittee. U\ C� W ROBERT Y�WYNN Attachment CITY OF NEWPORT BEACH Marine Department February 28, 1983 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 113-201 BY AND RICHARD P. ETTINGER TO CONSTRUCT PIER AND FLOAT ON THE PROPERTY LINE 201 AND 205 EDGEWATER Recommendation: If desired, 1. Deny the application, or Agenda Item No.: J-3 STACY H. DOBRZENSKY A JOINT OWNERSHIP SHARED BY 2. Refer the application to the Tidelands Affairs Committee for review and report back., Discussion• This application is before the City Council as required by Section 23.E. of the Harbor Permit Policies, which states: 23.E. "U.S. Bulkhead Sta. No. 113 to 114 Piers shall be subject to a special permit approved by City Countil." The applicants propose the construction of a new joint pier and float bayward of 201/205 Edgewater. The pier would be 70 feet bayward of the existing side- walk (see attached aerial photograph). This wou'ld.put the float approximately --29,feet beyond the U.S. Pierhead Line. The U.S. Pierhead Line is defined in the Harbor Permit Policies at Section 2.D. as follows: 2.D. "The "Pierhead Line" as established, shall define the limit for pier and float type structures." This section, therefore, would require that the structure be held back behind the U.S. Pierhead Line. In this regard, it is doubtful that the Army Corps of Engineers or the Coastal.Commission would allow construction beyond the U.S. Pierhead Line. As the aerial photograph further demonstrates, the structure as proposed would be channelward about 15 feet further than adjacent structures and given the width of the proposed slips, it would be possible to berth a vessel there that would extend channelward an additional 12 feet from the end of the slips. The policy of the Marine Department in the past has been to maintain, where possible, a uniform line of structures in the harbor in the interest of navigation and consistency. By allowing this structure, as proposed, the existing uniformity would be broken and a potential hazard to navigation would be created. Additionally, the existing channel between the Peninsula beach and Bay Island would be narnowed. As an alternative to denial, the City Council could refer the application to the Tidelands Affairs Committee for a review of the situation and for suggestions for alternatives that-woul:drresolvethe questions raised above. If the application were approved for construction beyond the U.S. Pierhead Line, it would then have to be considered for approval by the Joint Harbor Committee before the permit would be issued, as required by Section 5.F. of the Harbor Permit Policies: 5.F. "Prior approval of the Joint Harbor Committee will be required before issuing any -permit when (1) Work extends beyond the U.S. Pierhead Line, except when permitted by Section 23 of these policies." The Marine Department will prepare a large aerial photograph of the area involved for the Council use at: the public hearing. David Harshbarger, Marine Director Tony Mum Tidelands Administrator TM:db 0 Cl T Y of /�E`YPD�Pr BEACH r Lor eoeh ,err►J a - + N E w d r R Q O •w 44.A D ��N 1 ltA.V D VICINITY SKETCH`M- �,¢ Jerry _ o_ iI _ �J1- •r1.�4 _ . . NrwioAr BAY CAL IFORM/A Y .A w SounCi»qs ors e�xpicssed ,r, A of and o'iPths below Wcov? Lower Cow WcAr^ rooye of 101de opprvxipr ohs/y /O -eef. Horho.► �.ires ore eaiob/t'shed i/, 7"h;s . secrs o r ofNew1wel Boy { 4 ©I PA RCi t I 4 ��c.a.vrs--C�ihl'IZ.Z�1151�"��,.I'j'In�2 �•o�-f�Z.•?�..8�,�,�- -------T,e.ocr--__ ✓09 AOD12ESSt�?1�is G_ ry'jLIJATGiZY� o,�rrR.4croAr OATS STACY H. DOBRZENSKY JAMES C. SOPER, INC. PHILIP M. JELLEY, INC. JOHN L.MCDONNELL,JR. GERALD C. SMITH LAWRENCE R.SHEPP LLEWELLYN E. THOMPSON IF RICHARD T. WHITE JAMES R.LAMBDEN JOSEPH G. WALSH, JR. MICHAEL P. WALSH ROBERT D. MCGUINESS NANCY J.CASALE PETER W. CRAIGIE FITZGERALD, ABBOTT & BEARDSLEY ATTORNEYS AT LAW 1330 BROADWAY, 17TH FLOOR OAKLAND, CALIFORNIA 94612 Mr. Pete Barrett Pete Barrett Realty 1605 Westcliff Drive Newport Beach, California 92660 Dear Pete: (415) 451-3300 February 7, 1983 Re: Dobrzens,ky-Ettinger Pier A R. M. FITZGERALD 1858-1934 CARL H. ABBOTT 1867-1933 CHARLES A. BEARDSLEY 1882-1963 Enclosed please find a copy of the drawing prepared by your son with respect to the application for the Dobrzensky-Ettinger Pier which is proposed to be located on the property line between 201 and 205 Edgewater Avenue, Balboa. I am also enclosing herewith a rough drawing showing the location of the proposed pier in relation to the water lots. I have been informed by the Tidelands Administrator that the Staff Report for the application pending before the City Council will be provided to me on or about February 14, 1983. I am further informed that the application is not on the Study Session agenda. Any further particulars can be obtained from Tony Melum, who is the Tidelands Administrator for the City of Newport Beach Marine Department. I am also enclosing a poor copy of an aerial photograph which depicts the location of the proposed pier in relationship to Bay Island. LET:at Enclosures Very truly yours, FITZGERALD, ABBOTT & BEARDSLEY By G, iw Llewellyn E.Jhompson II G AK CITY O NEWPOR 1 BEACH P.U. BOX 1768, NEWPORT BEACH, CA 92663-3884 January 27, 1983 Llewellyn E. Thompson 1330 Broadway, Suite 1730 Oakland, CA 94612 FEE: Harbor Permit Application 113-201 Dear Mr. Thompson: The staff report for the above application will be prepared approximately two to three weeks before the City Council meeting of February 28, 1983. Once it is prepared a copy will be sent to you. Harbor Permit applications are not on the study session agenda which meets the afternoon before the Council meeting. This permit will not be on the study session agenda. If you have further questions in this regard, please call me at (714) 640-2156. Very truly yours Tony Melum Tidelands Administrator u M 3300 Newport Boulevard, Newport Beach / STACY H. DOBRZENSKY JAMES C. SOPER, INC. PHILIP M. JELLEY, INC. JOHN L.MCDONNELL,JR. GERALD C. SMITH LAWRENCE R.SHEPP LLEWELLYN E.THOMPSON a RICHARD T. WHITE JAMES R. LAMBDEN JOSEPH G. WALSH, JR. MICHAEL P. WALSH ROBERT D. McGUINESS NANCY J.CASALE PETER W. CRAIGIE FITZGERALD, ABBOTT & BEARDSLEY ATTORNEYS AT LAW 1330 BROADWAY, SUITE 1730 OAKLAND, CALIFORNIA 94612 City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92663 Attention: Marine Department Gentlemen: (415) 451-3300 January 19,1983 R. M. FITZGERALD 18S8-1934 CARL H. ABBOTT 1867-1933 CHARLES A. BEARDSLEY 1882-1963 Re: Application for Permit to Construct Joint Ownership Pier In early October, 1982, Stacy H. Dobrzensky and Richard P. Ettinger, whom I represent, filed an application to construct a joint ownership pier at the prolongation of the common lot line between 201 and 205 Edgewater Avenue, Balboa, California. You will note that the application is in Mr. Dobrzensky's name, but has been signed by both applicants. As you are aware, the site of the proposed pier is located between U.S. Bulkhead Station Nos. 113 and 114, and the construction of such pier is, therefore, subject to special permit which must be approved by the City Council. I understand that this matter has been placed on the February 28,- 1983, agenda for the 7:30 p.m., meeting of the City Council. I further understand that the staff recommendation will be to deny the permit to contruct such a pier. At your earliest convenience, I would appreciate receiving a copy of the staff report which is being submitted to the members of the City Council. I understand that these reports are normally prepared only a few days before the date of the hearing. In this instance, however, I would appreciate receiving a copy of the report no later than February 14, 1983, in order to review it and prepare comments as appropriate. I further understand that the application to construct such a pier may be on the agenda of the study session scheduled for February 14, 1983. Perhaps you would be kind enough to confirm my understanding in this regard. Very truly yours, FITZGERALD, ABBOTT & BEARDSLEY BY � �• Ll�wellyn .Thompson I 7 LET:at STACY H. DOBRZENSKY JAMES C. SOPER, INC. PHILIP M. JELLEY, INC. JOHN L.MCDONNELL,JR. GERALD C. SMITH LAWRENCE R. SHEPP LLEWELLYN E. THOMPSON 3L RICHARD T. WHITE JAMES R. LAMBDEN JOSEPH G. WALSH, JR. MICHAEL P. WALSH ROBERT D. McGUINESS NANCY J. CASALE PETER W. CRAIGIE FITZGERALD, ABBOTT & BEARDSLEY ATTORNEYS AT LAW 1330 BROADWAY, 17TH FLOOR. OAKLAND, CALIFORNIA 94612 City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92663 Attention: Marine Department Gentlemen: (415) 451-3300 September 17, 1982 R. M. FITZGERALD 1858-1934 CARL H. ABBOTT 1867-1933 CHARLES A. BEARDSLEY 1882-1963 Re: Application for Permit to Construct Joint Ownership Pier Enclosed please find application of Stacy H. Dobrzensky and Richard P. Ettinger to construct a joint ownership pier at the prolongation of the common lot line between 201 and 205 Edgewater Avenue, Balboa, California. You will note that the application is in Mr. Dobrzensky's name, but has been signed by both applicants. As the site of the proposed pier is located between U. S. Bulkhead Station Nos. 113 and 114, the pier is subject to special permit approved by the City Council. I am, therefore, enclosing 40 copies of the drawing prepared by Gillis and Derby. In discussing this drawing and the application process with Steve Barrett of that firm, he indicated that he was unable to discover the location of a pierhead line near the proposed site of the pier. In the event that you need the location of the pierhead line or project line to be described in the drawing, please contact him directly and he will arrange to submit a revised drawing. A copy of this application is being sent to Michael Miller, Esq., Newport Beach City Attorney, at his request because of the special circumstances which relate to the submission of this application. Please address all communications regarding this application to the undersigned. Very truly yours, FITZGERALD, ABBOTT & BEARDSLEY By Llewellyn E. Thompson II LET:ium Enclosures cc.�1-«;zlfeer_, Esq. Mr. Steve Barrett l:' lb Aj Ap On : � y d,35�7 3 tea' "^Im f I c MMEW shoo 7*11 ,.�. AS K � $m fi C♦ r -r,'o of N, emp o, 9 B r-4cl-I < 0 "awpowl, 0 oods A*4,c e- VICINITY SKETCH t NSWPVqr aAY, CAL IFOStNIA yd S,oz/p)cl/p79s are &AP-ressed A...4 and ofvvo;le orep"As be/ow A-Icran zowc.- LOW Wafer. PO,-Pge of H&C A211;pd4. Harbor. /F;7cs ore /;v sec/,O" of New,~~ 40r. P PA RCE L AICE 4 Ap,p4lc,4A-, r s A 1�4 O.Trl rldplw A oDeess -ColilneA c ro ,a 0.4 7-e EXHIBIT "A" LEGAL DESCRIPTION Parcel A: All that portion of Lot Eighty-eight of Subdivision of Block C of Newport Bay Tract, , as .shown on a Map recorded in Book 4, page 29 of Miscellaneous Maps, records of Orange County, California, described as: Being all that portion of said Lot lying East of the prolongation Northerly of a line that is 5 feet Easterly of and parallel with the Westerly line of Lot Two of said Subdivision of Block C of Newport Bay Tract. Parcel B: PARCEL 1 (Formerly a portion of Lot Two and all of Lot Three) of Subdivision of Block C of Newport Bay Tract, as shown on a Map recorded in Book 4, page 29 of Miscellaneous Maps, records of Orange County, California, and Resubdivision No. 444 dated April 4, 1974, City of Newport Beach. EXHIBIT „B., LEGAL DESCRIPTION C711 u 6 Erg PARCEL 1: Lot 1 of the Subdivision of Block C of Newport Bay Tract, in the City of Newport Peach, as per map. recorded in book 4, page: 29 of Miscellaneous Maps, records of said Orange County. PARCEL 2: That portion of Lot 2 of the Subdivision of Block C of Newport Bay Tract, as per map recorded. in book 4, page 29 of Miscellaneous Maps, described as follows: Beginning at the most Northwesterly corner of said Lot 2; thence Southerly along the Westerly line 68.75 feet to the Southwesterly corner of said Lot; thence Easterly along the Southerly line of said Lot 5 feet; thence Northerly parallel to the Westerly line of said Lot 2 a distance of 67.10 feet, more or less to the Northerly line of said lot; thence Westerly to the point of heginning. PARCEL 3: That portion of Lot 88 of the Subdivision of Block C of Newport Bay Tract, as per map recorded in book 4, page 29 of Miscellaneous Maps, described as follows: Being all that portion of -'said lot lying West of the pro- longation Northerly of a line that is 5 feet Easterly of., and parallel with, the Westerly line of Lot 2 of said Newport Bay Tract. 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY (714) 640-2201 August 3, 1981 Mr. Llewellyn E. Thompson II Fitzgerald, Abbott & Beardsley Attorneys at Law 1330 Broadway, Suite 1730 Oakland, California 94612 Dear Wally: I enjoyed meeting you on July 31, 1981. As I promised, I am sending you a copy of the Harbor Permit Policies of the City of Newport Beach. I look forward to receiving from you an analysis as to what you believe to be the rights of Mr. Dobrezensky as to the "underwater lot" and to a private beach. I will continue communication with the Marine Director regarding this matter once we have additional information from you regarding an Application for a Harbor Permit and so forth. I thank you for your courtesy and cooperation. Very truWfnr- HRC/pr, Hug R Enclosure cc. Dave Harshbarger City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 FROM: Hugh Coffin DATE: _August 22, 1980 MEMO TO FILE FILE NO: RE: 205 Edgewater On August 21, 1980, Dave Harshbarger and I viewed the Dobrzensky property at 205 Edgewater Avenue and the unusual situation, as it particularly relates to his request for a pier permit. The Policy determinations in regard to this matter are rather significant. When Dobrzensky calls again he should be advised as to the City's Harbor Permit Policy (which he knows), the City's Policy on encroachments on Edgewater (which he knows), and the pierhead problems (which he also knows). Also, before any staff work can be done, we would want to know the size and shape of the proposed pier and/or slip. The City would further want to know what effect, if any, such a new permit would have on the neighboring bayfront properties which do not have piers and slips. The precedential value of such a new pier and slip could be significant.. We would urge that Mr. Dobrzensky work with his neighbor to see if he could be accommodated on the neighbor's pier and slip, but I feel that such an urging will not necessarily result in a satisfactory solution of the problem as_far_aS Mr. Dobrzensky is concerned. The issue is a very difficult issue, involves several jurisdictions and several policy decisions which will have to be made. By hrc CITY OF NEWORT BPACO Office of CITY ATTORWI Y August 22, 1980 To: City Clerk From: City Attorney Subject: Any Pier Permit Applications at 205 Edgewater Because of inquiries we have received from the owner of the property at 205 Edgewater# between Alvarado Street and Alvarado Place, I would request that you review your records to determine whether or not anybody has ever applied for a pier permit at 205 Edgewater. I have checked with the Marine Department and their records are silent as to whether or not any such application has ever been made. Presumably, pursuant to City Council policy, this per permit application would have had to go to the City Council for approval. Your cooperation in this regard will, be greatly appreciated. xcs Marine Director z Hugh R. Coffin CITY OF NEWPORT BEACH Office of CITY ATTORNEY To: Marine Director From: City Attorney August 20, 1980 Subject: Stacy Dobrzensky - 205 Edgewater Avenue On August 19, 1980, Stacy Dobrzensky, an owner of property at 205 Edgewater, discussed with me the City's existing policy in regards to Edgewater. Specifically, Mr. Dobrzensky (who indi- cates he has talked to you several times over the years) still desires to construct a pier and slip adjacent to his property which lies between Alvarado Street and Alvarado Avenue. This is the curious jog corner area on Edgewater. I would like to get together with you during the week of August 25, at your pleasure, to go over Mr. Dobrzensky's ques- tions and to physically view the property. Please let me know at your convenience a good time for this meeting. Hugh R. Coffin .f . Cam. �� d . �� _ • � ° Al- �7 s 7 ; i i I� �lc 'j, w. �.. rim i 17, i /� `�lC►'j� </mot. .f �/�--�. /� LS• // l _ _ _ 1 _-__. _. _ .2 s j 1 v { - •-=. ate. � r—.__.._ '--_. _.__--- { •4 4 r-. • M S Y , ys s S 1 b d • r +. e a i i I a• "`,mew \*+ .. a....^oo'. ..,,, 4 � 2w . \\jj� /\� �\/\��-\i///� JU L 13 1970 6 E�A-5 p li iuir '5�T—A Ue N oT A-plijoll jr- e-R,41 OUNTY OF RANGE ENVIRONMENTAL MANAGEMENT AGENCY ORANGE COUNTY HARBORS, BEACHES & PARKS DISTRICT LOCAL PARKS, TRAILS, SERVICE AREAS RECREATION/OPEN SPACE PROGRAM LARRY M. LEAMAN, MANAGER 811 NO. BROADWAY P. O. BOX 4048 SANTA ANA, CA 92702 714/ 834-3808 NOV 14 1979 Mr. Dave Harshbarger Director of Marine Safety City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Dear Mr. Harshbarger: H.G. OSBORNE DIRECTOR C.R. NELSON ASSISTANT DIRECTOR DEVELOPMENT FILE Nwpt Jnt Hbr Comm. As discussed by telephone earlier, herewith is a request of a Mr. Dobrzensky concerning the preparation of an appropriate study as to preservation of beach and bathing area, vicinity of Alvarado Place, Newport Beach. Also forwarded is a copy of my letter notifying Mr. Dobrzensky of our intent to schedule the meeting for consideration by the Newport.Harbor Joint Harbor Committee. After you have had time to review the request, please contact me so that we may collaborate on a staff report. RFW:dlc Attachments VerNuly urR. Acting Progra anager RECEIVED MARINE NOV IS 1979► wm WMA, Mf�. ® �C) U N-"Y (D FtAkN C I E H.G. OSBORNE l�1444MMWODIRECTOR ENVIRONMENTAL MANAGEMENT AGENCY C.R. NELSON D ORANGE COUNTY HARBORS, BEACHES at PARKS DISTRICT ASSISTANT IRECTOR LOCAL PARKS, TRAILS, SERVICE AREAS DEVELOPMENT RECREATION/OPEN SPACE PROGRAM LARRY M. LEAMAN, MANAGER 811 NO. BROADWAY FILENwpt Jnt Hbr P. O. BOX 4048 SANTA ANA, CA 92702 Comm. 714/ 834-3808 Nov 14 1979 Mr. Stacy H. Dobrzensky Fitzgerald, Abbott and Beardsley 1330 Broadway, Suite 1730 Oakland, California 94612 Dear Mr. Dobrzensky: My letter of October 24, 1979, concerning your requested investigation notified you of placing the matter before the Newport Joint Harbor Committee at its November meeting. Unfortunately, due to a lack of a sufficient number of agenda items, it will be necessary to reschedule this matter. In the meantime, City and County staff will be conducting preliminary investigations for purposes of preparing a staff report. We will notify you of when the item is rescheduled. In the meantime, should you have any questions you may contact me at the above number. Very y yours / l R.F. Wingard Acting Program Manager RFW:dlc cc: D. Harshbarger, City of Newport Beach t \ �UIV—r,)r ®P i s �F1�1 �i C1� - � H.G. OSBORNE y - - DIRECTOR ENVIRONMENTAL MANAGEMENT AGENCY C.R. NELSON ORANGE COUNTY HARBORS, BEACHES & PARKS DISTRICT ASSISTANT DIRECTOR LOCAL PARKS, TRAILS, SERVICE AREAS DEVELOPMENT RECREATION/OPEN SPACE PROGRAM 811 NO. BROADWAY P. O. BOX 4048 SANTA ANA, CA 92702 714/ 834-3808 OCT 24 1979 Mr. Stacy H. Dobrzensky Fitzgerald, Abbott and Beardsley 1330 Broadway, Suite 1730 Oakland, California 94612 Dear Mr. Dobrzensky: FILE Nwpt Jnt Hrbr Comm. Your letter to this office of October 11, 1979 concerning the preparation of an appropriate study as to preservation of beach and bathing areas, vicinity of Alvarado Place, has been received. Please be advised we will be placing this item on. _the Newport Joint Harbor Committee agenda for discussion during its November,, meeting. The committee, comprised of two members each from the Newport Beach City Council and the County Harbors, Beaches and Parks Commission normally schedules its meeting for the fourth Wednesday of the month. You may contact me at (714) 834-3808 should you have any questions. Y rs ery u1�, w a Acting Pro ra4aa er RFW:lm cc: Dave Harshbarger, City of Newport Beach Z----- FITZGERALD, ABBOTT s BEARDSLEY ATTORNEYS AT LAW 1330 BROADWAY, SUITE 1730 OAKLAND, CALIFORNIA 94612 (415) 451-3300 Mr., Los"Oft secretary of tip mat lu rbor Committee P-01k Box California 92702 >r Mr. Lelaatam y wife and I Own WOMM at 205 Eftewatelr Ate,. In ftMQ94 ~ Is stud at the Ift"rsectift of Alvasradv PUMw O ray and tip l meldiat next der at 231 paten' He b� Alvarado Pig** Al+varade .St+r which 1.I +terly of t! and of t pub4c beau facing Say hiwW, V11111e 9m rl% with the Harbor Area, 1Pbmlng 01me"r for City of Neal Beach In, A'Vt► we wem :provided with a COW of a latter of Acgesst. I3, 19 f addrenod,ft you by six . Y cep with peVpee h* facing Say Island, and req+ tirg dre" of the � �wom theIr prepordes and Ow island. t* join In tip reqwst,, but feel that ifte ar" In qtwstkn and for seine dtstan ""Orly dmd be suWW wlth refer to InW*vwmmts 10 pmtftt end fir" 9110t mdy the Channels, but ttw boach are* and dwmane. 'kt, * hu been sdwantiaj erosion of p "m bed foci g dWUNell and �e�le �t a the island �rall� an Of et" d"mdo t bathes area #%at, has t o mod. Ae may, t point to am off the rwtl of ft 201 Mew pr"" tersecdon with Alwa+rads liter) Is in p e�tio-4 WW e stlt a a �srdt#ai haa,and 'tole bed ass �!y of that pew:„ to ply have sabtanthay orb. WO W146that MuCh of the MW , is depraslt+ fa+r9tbr down the del, ptftps a f+jksr hundW yar $ ImpWring ttt'Wit. Ve abow#ae ero deft of ft bra at Ow esrd of Alvarado Placeand the emosing-of ft swm dram pie, and e"dwpabie eredea Is le all m1m Ater. Lean Page TWO etmber l l f 19 p'urOw, as we eerie kwwft dorietg hea rhi gs fat led to the omyeM Pobcy..* we: belle" that three Is Ww sl public liability expomm on the part of Ow City as a r rlt of the =Wlslen of the meter block stares at to conwr +e +e- tl ad, with amuck belea, Oem of ureter Ul#i% Into the bay +ereW a l part of ft time wWor water (rem T barn pees **Wllr weed an is number of so aer en to keep those fmm breft suvck by "dren buthIM In that arm). We wee that it Is Imperative that the bo an date stwyr OW project, In Ow Inweett of the psr+ttarrratm of Ow beach and ba , wow refwmd to and will be plena wd to gate In asch an wWosvars ire eat ftodal w0cipall. We make fret of our "Wdw* In WbO14 WHI be ft atteaad 40Y rs�s or #� that Haight W =4 look fee d W a iomimtIfn Bch to what apmus to be a pevblom sorely In nood of c oartetrd effort. f►l�eliv, Steel► H. Debrzemiky $NDs MIC x Mr. M G14ts Ditw+e«teac, Hwb w Division, N*wpott besoch Plan�tie .i pe FrmMt I ti.c, z �� y yes vY r r� �"� Y !!�' w, jF/'` WA'lob Mrs �� C E4fir.,<r '\ a - fi!/ l i l.rrWS 1 " Y-�L tJ' r f { �, "r� k F - i' y, J ""•r1 t a J r -^� .� ..< BMW ffi� 1� ,+'�', f - a. - Y An .,. 4' k F v "t,.,4 f,.!F Ed,! r`tib F f. JA J,yr.�1 �r - _. �<,? /xf�. ��'t-� ,�•�„�Irl f- -� : _��'u; �izl� �:.s y,l�.' �Jf ff r �� `�,i ..r" �. �� k F f r L. = '�C 4 .,1•��/--t�< pi 1 S`k-T � ) its low -a- \ •?y.,`l li-/ 1 ..� f �.-_ i,._ rr rr ,,jr r Z m ' 2..]..� ,.I yy�t r" Wed Pilot" Q R may- Way It jk{ � "teor r C =c zoo Mpg e '_ gag ii- was yx A�� < Ono. "INQ 0113 — ,;) C f P0 C) I Oft September 20, 1978 Santa Ana Regional Water Quality Control Board 6833 Indiana, Suite 1 Riverside, CA 92506 Gentlemen: CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 640-2156 The enclosed permit drawing application(s) is being sent for your information in accordance with conditions of approval under the U.S. Army Corps of Engineers "blanket" permit for maintenance dredging. This "blanket" permit was issued to the City of Newport Beach on February 12, 1974, and subsequently amended on May 10, 1977 to allow beach restoration. As required by this permit, the Marine Department has inspected the dredging site and found no eel grass within or near the project. The City Council of Newport Beach will hear the application at its September 25, 1978 meeting. If you have any questions regarding this application, please contact the City of Newport Beach Marine Department at (714) 640-2156. Sincerely, D. HARSHBARGER, DIRECTOR , MARINNE DEPARTMENT r'Gl ' E. Welden Tidelands Administrator GEW:II cc: Misc. Agencies I, 7 ENCROACHMENTS AND BAY ACCESS ON BUENA VISTA BOULEVARD- 3/14/77 _EDGE WATER AVENUE B3:WEEN BAY AVENUE AND HERNANDO STREET - Page 2 c. Access to private piers and floats shall be allowed where a harbor permit has been granted, but such access structures shall not be expanded beyond the permit dimensions. d. Such benches and view sites within the public way that may be approved by the Parks, Beaches and Recreation Department. 3. Edgewater Avenue - Island Avenue to Alvarado Street The street right-of-way in this reach is 40' wide with private property on the inland side. The bay side is improved with a sloping beach leading to the waters of the bay. Improvements allowed at this location shall consist of the following: a. A six-foot wide public sidewalk along the inland side of the right-of-way maintained by the City. b. The remaining portion of the right-of-way shall be reserved as a public beach and no private improvements, impediments or boat storage shall be allowed except for access to piers and floats where a harbor or a mooring permit has been granted, but such access structures shall not be expanded beyond the permit dimensions. Any existing permits to encroach on the right-of- way shall be rescinded. 4. Edgewater Avenue - Alvarado Street to Fernando Street The street right-of-way in this reach is 50' wide. The bay side is improved with a sloping beach leading to the waters of the bay. The private lots bayward of the public right-of-way are under water. Improvements allowed at this location shall consist of the following: a. A six-foot wide public sidewalk along the inland side of the right-of-way maintained by the City. b. The remaining portion of the right-of-way shall be reserved as a public beach and no private improvements, impediments or boat sto e shall be allowed except tor access o pi oats ww ere a harbor permit has been granted, but such access structures shall not be expanded beyond the permit dimensions. Landscaping improvements conforming to this policy shall be installed only in accordance with an approved plan and a permit issued by the Parks, Beaches and Recreation Department. A blanket revocable permit will be issued by the City for the existing landscaping improvements. Any existing improve- ments not conforming to this policy and not covered by a blanket permit shall be removed pursuant to the procedures established in Chapter 10.50 of the Municipal Code entitled "Public Nuisance Abatement". y. "'i , vz� Vy I a 7 s DATE 12V27/82 TIME 11:10 TONY WHILE YOU WERE OUT . all . .. . �.. . . .. - Application 201 & 205 Edgewater PHONE No 15-451-3300 EXT TELEPHONED PLEASE CALL RETURNED YOUR CALL WILL CALL AGAIN CAME IN TO SEE YOU URGENT Wants to be on Council Agenda on MESSAGE e ruary Z8th tor hearing ot his application. He wants a copy of the o he knows what he will be dealing with. j told him the Wednesday before i c usual; he says that he sees no reason it can't be prepared long before that date. as no fact s will e changing. He says "we are gong to win..we intend to win, and I expect to have the Council -on my side. I will be having the COuncil meet me at the site on several occasions so they will understand the problem and I have someiJuseful "in" to the council so they will be sympathetic. He wanted to know who the city attorney will be handling it. - He will appreciate having the staff report as soon as poss. 1330 Broadway 17th Floor Oakland 94612 JAMES H, ANOLIM STACY H. DOBRZENSKY JAMES C. SOPER PHILIP M. JELLEY JOHN L.McDONNELL,JR. GERALD C. SMITH LAWRENCE R. SHEPP LLEWELLYN E.THOMPSON II RICHARD T. WHITE JAMES R. LAMBDEN FITZGERALD, ABBOTT & BEARDSLEY A'rT0I M F-Y5 AT I AW 1330 BROADWAY, SU11 F 1730 OAKLAND? CALIFORNIA 94612 415 451-3300 June 10, 1976 Mr. Sam F. Kniss Trautwein Bros. 2410 Newport Boulevard Newport Beach, California 92660 Dear Mr. Kniss: R. M. FITZGERALD 1658•I934 CARL H. ABBOTT 1867-1933 CHARLES A. BEARDSLEY 1882-I063 Having not heard from you with reference to my letter of April 8, 1976, I thought I would inquire to make certain that you had received it and to get your response. I had in mind that you might find sufficient information in that letter to warrant further discussion with the City. If_ not, you should so indicate, of course. For your information, the property next to ours, the one at 201 Edgewater in Balboa, is in the process of sale, and I am informed that the purchaser wishes to join forces in the project I have outlined. I am sure that all parties concerned are willing to work with the City with the view to the proposed development which I feel my April 8 letter presents in a much more favorable light than originally. Sincerely, SC' "rl �� v H. Dobrzensk SHD:dgd FITZGERALD, ABBOTT & BEARDSLEY 1730 UNITED CALIFORNIA BANK BUILDING 1330 BROADWAY OAKLAND. CALIFORNIA 94612 April 9, 1976 Trautwein Brothers. 2410 Newport Boulevard neW,ort Beach, California 93660 PIN Dear mr. KniesT ThAnX Von for yours of April 6th, with enclosure from the City. Were 1 to proceed (which is what .I would like to do) with an application to the City Council, I would deal with the staff objections along the following lines: 1. Ns the owner (actually, my wife is nov the owner) of Lot 68 (see attache plat) , anii of the up- land property (2 0 5 Edgewa te.r) , sh6 has oertain rights, thus: A. Access over Edgewater Ave. froM the Upland lot to the water lot 088 ) B. Access to they waterway from lot 86. As stated in Shirleyv. Benicia (1697) 118 Cal. 344, "It is the owners rof—land abutting wean the water- front who, under leagal, sanction, may build into the deeper Vublic waters beyond," and in City of N2nort iseach v. ra er (1940) 39 C.A. (3) 23, one who does not own t t e to submerged, or tideland in front of Me property does not have such right to access to trrhte channel. See sal ShirleXy. bis#ap (18 5) 67 This is not, of course, to suggest that the City cannot F .pMlate such use.. 2, With reference to the City convents (letter, April. 2, 1970 % Mr. Sash F. Kniss Page Wo April 8, 1976 A. see the, aftnehed plat. The spodiria area is not used heavily an a public beach. The area frOM the Xgk*t line Of AlVarado St., to the pier, bo- yond the life guard station, to the West,. is kmavily used. The ar" opposite the can of Alvarodo Place is also so used. The area in front of 201 Xdgewater, t,pn:rtieul&rly at th* NN corter, in badly eroded and, - in toot, tho abutxooat made of broken concrete Wan- structod by my wife and her brother and parents many years ago with material furnished by the city) in deteriorating and will be. Was'hod, out *no of these days. All of the beaches from the Paviliou westerly to the Bast line- of Alvarado at. are f.Cad And used privately. See bvlow, the area (ie., the portions Maritioned above) in h"avily used, B. If aredging vor* undertaken an auggos- ted i� paraqraph 2,. it wAild b� possible to t;�xp 3-tm5,Ws to corroot th� pro b1U.-,in at the corner (SW corter, 201 Ldg-swater boxiah),, to extand the b*aoh useftIly to the rier, (whitb in in site of the life guard station, beyand, it Is not) , and to improve the bea*h in front of 205 Xd9ewtiter and it frant Of the OTICI of Alvarado Place (atxeet storm drain tiow axposed and a hazard) . C. The game would be, feasible (in which I would be willing to participatia) even if, no dredging were required arA parmitaioA obtained to go beyoW pioxhoaka line. We again point out that the Propose! ConStrUation'WoUld not interfere with the channel, aithex that parallel to Z49awater Ave.. easteTly from Say Island channel entrance, or the outrance to the ohdaftel Alongside 84Y Island. The aerials aholf that as do my calor pictures. he ah^nn*1 by Day Island is *Iosed Pram June -to Novomber and, by reason of art apparent Onon-dredging* policy, is literally nen- navigable except by the smallest of its. rr fact, a furtb" rostriction of the opening old discourage use of the 0hannel, which appears to be favors without inttrforinq with omorge-acy vessels (ony morn than mn-dredging has Already one so). Xr. 34Z F. AAisss Page Ttree 4ril 6, 197 Preauske U*4 City council has the iAtOVritY W COasstdasr tUtUX0 a PliOatiOms Oft a *sss- b -a&*basks" Consid ing each aft its Awrits. Fur- ther# tha Pxecodeut yaks* of this proposal is vexy slight, it it affords any at all. Thus. iatss ss floats rat, extend from tF pavilioss Vsasat ly to the 4_ lizs of AIVArAdQ Place. 0" . proposal* it appra v '. would pr4wiudo further pi s, etc., frm the k una of Alvarade plaaa westerly to the first. pier Opposite Buy Islamu bayead o, preterit lie ga&rd station. Furth", the af;4mas rights of tim 10ts beyond the subject parokaarties, to the West, gets li.tigaktc.4� uauy &Urs &qQ (ar Utwpvrt baaaacl C'Us , u3 vs) . TI-ic City j�oliay to kawuvuzr.f or " scouxage, pi rs and floats along tb* beach opposite Day lsalsra is css�� stas�� The subject IOCation is at th4 fax *Ad, if Dot 'Osstsaia""c Of U*W view, of the arm. bazi ? i. o i al ly s .rvf a by t" L life rd statlauia snot xa;+W heavily U8*4 a40 a- ublic, -b"ch an4 pi." constrase time ori. it will z,�vt :i.sstlis:. "O wi.tis &itb tkw-' CbAU40. Qgto Which � 4 iaoazs' UQX the r4ac.; "biz,44 za . xalaaci ki l toss it seems sappx pri ate to tAsiL Aar i�-arui:Qularly Iz, vise of shy= aafi r to Coaperato by farticip4ting iu th'w improv4maut of tha QAC*I, 4t the at line of Alvar+ o 6tr t. "Iiw of-fuct of tht iroloaal v ssssntly aas bls Vials will bay sv,*-qligibl.sh and Via~ be sat l et oftset by tUe steed Jmpravemzts saeut.i tf4we4 by sl.s City Jt any :vent OWAA9 to the t rot to the sidewalk at t110 y0int nt4m"Q the locatiars of tim Joiesasses .float with r*fern., +: LO the, iarr &s1 line sea be worked out W aabi4vu minUA— I adverse offectss. t, *ro is so procadear. value the pr'asal' 40 it toad were, no ravacedert can *oUtbliskma is the leg+sal swiss, a situatior, which "atlas the City OMit to Oontirsua to as a case- by—css basis. An trat OOPY is as l s for use it you fool it 4 ro- late to ash, tbo city to rsasursraid". r vary truly yours, Stacy H. Vabrsasssssky aftelasuros sssr aces Mr. Jeff Patterson L: �` `� `. � g``--•"-aqo �._�Y_ __5 ��r,.:f,. �,7:� L-u7- ' Y -Av i /N GL. �l�J4*to Cti7"-- C � t C T �f(/l d��tl(u'v / Al L L . • � w'4 �` C it t-0 •' //3-,�-, s BUJ, CITY OF NEWPORT BEACI-A. CALIFORNIA 9266o ' City Hall 3300 Newport My& (714)673-2110 April 2, 1976 Trautwein Brothers 2410 Newport Blvd. Newport Beach, Calif. 92663 Attn: Sam Kniss REFERENCE: PROPOSED FLOAT AT 205 EDGEWATER AVENUE Sam: I have reviewed Mr. Dobrzensky's letter of February 17, 1976 and looked the situation over at the site. As Mr. Dobrzensky is aware, City Council approval is required for any installa- tion in this zone. For tree reasons listed below, the staff will recommend that Council deny ttie permit: 1. The area is a heavily used public beach. Allowing a pier at this location would decrease usable beach area. 2. Installation of a pier and float behind the U. S. Pierhead Line as required would necessitate dredging that would cause almost total loss of beach at this location. 3. Council approval is required for variance that would allow extension of a float beyond the U. S. Pierhead Line. Additionally, the Orange County Harbor District approval would be required because of the possible interference with navigation. 4. Installation of a pier and float could set a precedent for others on either side with gradual encroachment into and decreasing of beach area. PAGE TWO if i can be of any further assistance, please let me know. Sincerely, Glen L. Welden Tidelands Operations Coordinator Marine Department GEW:1f 2410 Newport Boulevard Newport Beach, California 92660 Telephone (714) 673-1960 Contractors license No. 258975A 17 March, 1976 JAMES H. ANGLIM STACY H. DOBRZENSKY JAMES C. SOPER PHILIP M. JELLEY JOHN L.MCDONNELL,JR. GERALD C. SMITH LAWRENCE R. SHEPP LLEWELLYN E.THOMPSON It RICHARD f. WHITE FITZGERALD, ABBOTT & BEARDSLEY ATTORNEYS AT LAW 1330 BROADWAY, SUITE 1730 OAKLAND, CALIFORNIA 94612 415 4S1-3300 Trautwein Bros. 2410 Newport Boulevard Newport Beach, California Gentlemen: February 17, 1976 R. M. FITZGERALD I858-1934 CAR H. ABBOTT 1867-1933 CHARLES A. BEAR DSLEY 1882.1963 Several years ago I discussed with Mr. Trautwein (not sure which one) some plans of mine with reference to a piex'wfloat at our residence on the Bay. The address is 205 Edgewater Ave. in Balboa. I have marked the location in yellow on the enclosed Xerox copy of a photograph. Under the City ordinance permits, which could be issued administratively in most areas, required City Council approval in other designated areas. The area from the existing pier at the east line of Alvarado Place, westerly to the Bay Island Bridge was designated as requiring City Council approval, and such was "hard to come by." I am of course aware of the Coastal Commission authority over the area (having obtained a building permit for the duplex unit now over the garage and year area of our residence, issued early in 1975). The owners of the property at 201 Edgewater, adjoining ours on the west, are agreeable to my exploring the possibility of a joint, property line pier and float. They were advised recently, by a realtor engaged to sell their house, that she "had checked with the .City" and that a permit could be obtained, provided one could get Coastal Commission approval. I have a 26' Monterey, presently moored in the anchorage off -shore of our property. I would like to have a pier and float and am willing to join with my neighbor, or the purchaser of their place, in the construction of one, or of one just for our own use if plans next door do not materialize. My question then is this: what is the present "climate" with regard to issuance of such a permit? Is it likely that one Trautwein Bros. IPage Two February 17, 1976 could be obtained? I have always understood that the channel south of Bay Island was a problem on the basis of possible inter- ference. However, I note that it is closed from June to November, is not being dredged, and is primarily devoted to the public beach as a swimming area favored by younger children. Also, I have a collection of color photographs, taken from the shore and from the water, pretty clearly showing (as one can see by inspec- tion of a good aerial photo) that it would take a much larger installation than we are contemplating to interfere with that channel entrance. Perhaps you can also give me an idea of what sort of facilities might work there, other things being equal. Would two slips be a possibility? Should we consider a single long float with piles outboard for better mooring? I would appreciate your views on the matter. If you wish, you may call me collect to discuss it. If appropriate, I could fly down one day for a discussion. Sincerely, R_ ` (� Stacy H. ITobrzens k SHD:mga Enclosure u pep FT,. R*wTM , Y` _SFr'` , I `" /4• y it Alit '. ,�.� •�r1fi ,�,, " i P j ' r .q i• rf �j, it i'.I ,'`q "� ,fir• '. 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CASALE February 21, 1984 OR COUNSEL PETER W. CRAIGIE Robert H. Burnham, Esq. Newport Beach City Attorney 3300 Newport Boulevard Newport Beach, California 92663 Re: Dobrzensky-Ettinger Application for Pier Permit Dear Mr. Burnham: In furtherance of our recent discussions, please find enclosed revised drawing to accompany the pier permit application No. 113-201 of Applicants which has been filed with the City. This modification of the. application envisions a 6 by 22 foot finger within the pierhead line and is based on your letter of November 17, 1983. Newport Dredging Co. reports that the single finger will require only 90 cubic yards, vs. 213 for a 2-finger slip. In the event that the City was disposed to allow the pier to extend 10 feet further into the waters of Newport Bay, also Newport Dredging reports that the amount of dredging would only entail the removal of 50 cubic years of material. We believe that such an alternative is preferable since it further reduces the impact on the beach. We also believe that it is in keeping with the discretionary powers of the City Council to approve the extension of a pier beyond the pierhead line in this area. Nevertheless, if the Tidelands Affairs Committee is set in its position of requiring the pier to be constructed within the pierhead line, the Applicants are prepared to accept that decision and construct the pier accordingly. I would appreciate your providing the necessary number of copies of this letter and accompanying sketch to the Tidelands Affairs Committee and the Marine Department staff. I further request this matter be placed on the agenda of the City Council for its approval as quickly as possible. Very truly yours, FITZGERALD, ABBOTT & BEARDSLEY By LET:dsw Enclosure � � T Llewellyn E. Thompson H 0 vtt , p— ,e7)6PJ HWAA �' w ® jllv� 5A guoul -ri