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HomeMy WebLinkAbout113-0503rod r 2030 Main Street 2815 Townsgate Road Suite 1200 Suite 200 Irvine, CA 92614 Westlake Village, CA 91361 www.jdplaw.com j t:949.752.8585 t-.805.230.0023 - f:949.752.0597 f:805.230.008'7..... - II Jacksonl.DeMarco I Peckenpaugh ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): _Gregory J. Ferruzzo, Esq. - Bar No. 165782 FERRUZZO & WORTHE, LLP 3737 Birch Street Suite 400 Newport Beach, California 92660 TELEPHONE NO.: (949) 608-6900 FAX NO.: (949) 608-6994 ATTORNEY FOR (Name): James Brown and Annie Brown NAME3b&=NX AMERICAN ARBITRATION ASSOCIATION STREET ADDRESS: 6795 North palm Association MAILING ADDRESS: Same CITY AND ZIP CODE: Fresno, California 93704 BRANCH NAME: PLAINTIFF/ PETITIONER: LEONARD MILLER AND MARY ANN MILLER DEFENDANT/ RESPONDENT: JAMES BROWN and MARY ANN MILLER CIVIL SUBPOENA For Personal Appearance at XotatmixHearing FOR COURT USE ONLY CASE NUMBER: 73 132 E 00344 04 ANHO THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of witness, if known): Chris Miller, Harbor Resources Supervisor 829 Harbor Island Drive, Newport Beach, California 92660 1. YOU ARE ORDERED TO APPEAR AS A WITNESS in this action at the date, time, and place shown in the box below UNLESS you make an agreement with the person named in item 2: a. Date: December 2, 2004 Time: 9: 0 0 a. m. 0 Dept.: = Div.: 0 Room: b. Address: Marc Alexander, Esq. JACKSON, DeMARCO & PECKENPAUGH 2030 Main Street, Suite 1200, Irvine, California 92614 2. IF YOU HAVE ANY QUESTIONS ABOUT THE TIME OR DATE FOR YOU TO APPEAR, OR IF YOU WANT TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED, CONTACT THE FOLLOWING PERSON BEFORE THE DATE ON WHICH YOU ARE TO APPEAR: a. Name of subpoenaing party or attorney: b. Telephone number: (949) 608-6900 Gregory J. Ferruzzo, Esq. 3. Witness Fees: You are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you request them at the time of service. You may request them before your scheduled appearance from the person named in item 2. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: ( t I-W I a4 Gregory J. Ferruzzo, Esc. (TYPE OR PRINT NAME) (TITLE) (Proof of service on reverse) Form Adopted for Mandatory Use CIVIL SUBPOENA FOR PERSONAL Code of Civil Procedure, Judicial Council of California So u, l e f Civil 1988, Procedure, 982(a)(15 ) [Rev. January 1, 2000] APPEARANCE AT TMAIXEM HEARING lu Pgns PLAINTIFF/PETITIONER: LEONARD MILLER AND MARY ANN CASE NUMBER: MILLER DEFENDANT/RESPONDENT: JAMES BROWN and MARY ANN MILLER 73 132 E 00344 04 ANHO PROOF OF SERVICE OF CIVIL SUBPOENA FOR PERSONAL APPEARANCE ATXRXAIXOR HEARING 1. 1 served this Civil Subpoena for Personal Appearance at Trial or Hearing by personally delivering a copy to the person served as follows: a. Person served (name): b. Address where served: c. Date of delivery: d. Time of delivery: e. Witness fees (check one): (1) were offered or demanded and paid. Amount: ....... $ 0.00 (2) were not demanded or paid. f. Fee for service: .................. $ 0.00 2. 1 received this subpoena for service on (date): 3. Person serving: a. 0 Not a registered California process server. b. 0 California sheriff or marshal. C. 0 Registered California process server. d. 0 Employee or independent contractor of a registered California process server. e. 0 Exempt from registration under Business and Professions Code section 22350(b). f. Registered professional photocopier. g. 0 Exempt from registration under Business and Professions Code section 22451. h. Name, address, telephone number, and, if applicable, county of registration and number: declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date (SIGNATURE) (For California sheriff or marshal use only) certify that the foregoing is true and correct. Date: (SIGNATURE) 982(a)(15) (Rev. January 1, 20001 PROOF OF SERVICE Page two CIVIL SUBPOENA FOR PERSONAL APPEARANCE AT TRIAL OR HEARING =�EWPp 4�s 1� IW 9LIFOR� November 24, 2004 CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3034/Fax 949-723-0589 Mr. Len Miller 501 West Edgewater Newport Beach, CA 92661 Re: Vessel on Easterly Slip of Dock at 501 W. Edgewater Permit #113-503 Dear Mr. Miller: On November 10, 2004, the Harbor Commission made the following decision on your appeal regarding the size of your vessel and berthing at your pier: "The permittee must remove the dinghy and davits, and shorten the bow appendage so the vessel complies with the pier conditions policy of 45 feet (with a foot or two tolerance). The bow appendage may be left on if the boat is stern to the seawall. This will be noted that it is a non -conforming condition to the pier permit and any modification of the permit will cancel this condition." Because of the holidays, you will be given 90 days from the date of this letter, February 24, 2005, to comply with that decision and your pier conditions. If not completed by that time, an Administrative Citation may be issued and penalties will begin to accrue ($100, $200, and $500 increments). You do have the right to call this decision for review with the City Council within fourteen (14) days of this letter. Should you have any further questions, please call me at (949) 644-3041. Sincerely, TOM ROSSMILLER, Harbor Resources Manager /�//�Y'i 5 y l G�(!�1 � Chris Miller Harbor Resources Manager (949) 644-3043 nj M U') ru ra Postage $ rl ru Certified Fee Postmark Iq Return Receipt'ree Hcrc C:, (Endorsement Required) M Restricted Delivery Fee CZ) (Endorsement Required) M ru Total Postage & Fees $ M — 0 Sent To --- --- ---- ,q Street, Apt. ------------------- M ----- -------------------------------------------- M or PO Box No. _S6 ) .tee, r M City-�Fla�j,-ZVI�4 ------ -- — ------------------------------------------- ctt6bl UNITED STATES POSTAL SERVICEfff9t"ffI6_!;s -Mail Postage & Fees Paid LISPS Permit No. G-10, • Sender: Please oriinlyo6rname, address,-and-ZIE±4 y Ow bot, Ahn' Chrt'5 "dje.,v Z C f )jGW 611.1 _rS)O-ld DV--, A1'ewF6y'+ �-euc,�, cQ660 ... ..... ... . . . . . . . . . . ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailp 0q, or on the front if space permits. 1. Article Addressed to: My, C eft NI 11 la/ 1 'Sol Uv E d ge wa tee Nc „?Ov t V,eavh, GFi q Z661 A. Received by (Please Print Clearly) I B. Date of_Delivery C. Signatur ❑ Agent X L ❑ Addressee D. Is d ,very adc r�ss different from item 19 El Yes If YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number ZZ (Transfer from service label) i1 -, 2O 0 CCU ► 21 r 6 Z 5 J Z PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-142, OFFICE OF THE CITY ATTORNEY November 23, 2004 Mark Alexander, Esq. JACKSON DEMARCO PECKENPAUGH 2030 Main Street Suite # 1200 Irvine, CA 92614 RE: RESPONSE TO NOVEMBER 15, 2004, LETTER Dear Mr. Alexander: VIA FADSMILIE (949) 752-0597 AND U.S. REGULAR MAIL This letter will confirm our previous conversations regarding your letter which questioned. the appearance of a City of Newport Beach ("City") employee at a private arbitration. Chris Miller of the City Harbor Resources Department is listed as a witness in an arbitration, MILLER vs. BROWN, Case No. 73 132 E 00344 04 ANHO, scheduled for December 2, 2004. 1 have spoken with Mr. Miller and Mr. Miller informed me that while he has spoken with an attorney for the Browns' in the arbitration he has not been subpoenaed to appear at the arbitration. Mr. Miller was not aware of the requirement for a subpoena and payment of witness fees for him to appear on behalf of the City as a City employee. Therefore, I have informed him that he may not appear in his capacity as a City employee at any civil proceeding without first having been served with a subpoena and payment of witness fees pursuant to Government Code Section 68096.1. Very -truly yours, <_` Robin L. Clauson, Acting City Attorney for the City of Newport Beach RC:cp cc: Seymour Beek, Chairman, Harbor Commission Chris Miller, Harbor Resources Department Gregory Ferru=o, Esq., FERRUZZO & WORTHE, LLP F Ausers\cat\s hared\cp\Cyndi/letter/Robin/MACMillerl nfo.doc 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone; (949) 644-3131 . Fax: (949) 644-3139 eJJ`;I.�i y.iie`v'7pvrt-�iea�il.Ca.uS NEWPORT BEACH HARBOR COMMISSION MINUTES City Council Chambers November 15, 2004 CALL TO ORDER 6:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Commissioners, Seymour Beek, Tim Collins, John Corrough, Marshall Duffield, Ralph Rodheim were present. Staff: Lorrie Arcese, Tom Rossmiller, Chris Miller. Absent: Don Lawrenz and Paulette Pappas MINUTES: The minutes from the last meeting were approved. PUBLIC COMMENTS: None REQUEST FOR CONTINUANCES: None APPEAL ITEMS: ITEM 1 Subject: Appeal — Len Miller Vessel Size, 501 W. Edgewater Summary: Require Len Miller to remove his vessel from the eastern slip of his shared pier in order to satisfy the conditions of his pier permit. Discussion: Explore removing dinghy and davit and shorten center of dock to reduce conflict of the radius. If boat was 45 feet overall wouldn't have problem in channel, but is really 53.5 feet. Beek walked the area and saw a boat side tied at the Fletcher and the size and location of the Miller's boat and didn't s ee i t a s a conflict, u nless a strong w ind i s b lowing. Commissioner Rodheim feels that the Miller's haven't been reasonable in finding a solution with neighbors and boat is just too big. Public Comments: Maryann Miller - Bay Island service people always park in front of their house and they have lived with that for years. The boat is registered as a 45 foot boat. She quoted a letter from Harbor Resources regarding side tie at the Fletcher's dock (currently letter was found to be in error). Boating is a major part of their life. Len Miller — distributed information including a letter from Tony Melum saying that 45 feet is not necessary. Chris Fletcher — When they put a side tie at this slip, Mr. Miller brought up the erroreous Harbor Resource's letter. If Len compiled with size restrictions there would be no problem getting out because the Fletcher's side tie is within the pierhead line. The boat is very large and hard to navigate. Tried to come to resolution, but then filed complaint. • Douglas Fletcher — didn't receive notice of building the dock at the Miller's years ago. There is quite a bit of traffic on the channel, such as electric boats. Action: Commissioner Rodheim made the motion that requires the appellant to remove the dinghy, davits and any other appendages to bring the vessel to 45' as stated in his pier conditions. No second and the motion failed. Commissioner Collins made the motion that the permittee must remove the dinghy and davits, and shorten the bow appendage so the vessel complies with the pier conditions policy of 45 feet (with a foot or two tolerance). The bow appendage may be left on if the boat is stern to the seawall. This will be noted that it is a non -conforming condition to the pier permit and any modification of the permit will cancel this condition. The motion was seconded. Commissioner Beek proposed an amendment to the motion saying that the bow appendance must be taken off. The amendment motion was not seconded and failed. The motion carried with 4 ayes, one opposed, motion carried. ACTION ITEM ITEM # 1 Subject: Harbor Commission Task List Revision Summary: At the October 13, 2004 Harbor Commission Meeting, staff was requested to revise and update the Task List. Discussion: The Harbor Commission Task List has been revised to provide eight major categories of tasks and a detailed listing of subtasks. Each subtask has a delineated status and staff proposed priority. The Commission is requested to approve the format change; adjust, as it determines necessary, the priorities proposed by staff; and provide input on revising the details of the task and subtask list. Public Comments: Action: None — Return next month for further discussion. ITEM # 2 Subject: Marinapark Summary: The Harbor Commission has previously asserted an interest in this site and with the recent measure L vote may be interested in follow-up discussions. Discussion: City Council seems to want the lead in this issue and Dave Kiff feels it should be an AD -hoc committee with a couple of representatives from the Harbor Commission. Public Comments: Action: Commissioner Rodheim made the motion to form a subcommittee to participate in the future of Marinapark. The motion carried with all ayes. Commissioners Corrough (Chairman), Rodheim and Collins will serve. ITEM # 3 Subject: Municipal Code 17.41/5.18 Revisions Summary: The City Attorney's office just sent a revised draft of the charter permit sections deleting both codes and combining them into one new code. Discussion: Public Comments: Action: The subcommittee will meet again and bring this issue back to the meeting next month. SUB -COMMITTEE REPORTS: None HARBOR RESOURCE UPDATES: Tom Rossmiller gave a Powerpoint presentation on harbor updates. The Harbor Resources Update is posted at. http://www.city.newport-beach.ca.uslhbr (under minutes, Harbor Resources Updates). RECOMMENDED TOPICS FOR FUTURE AGENDAS: • Marinapark Conceptual Alternatives • 5.18/17.41 Revisions • Dock Construction Standards Final Approval • Dinghy Dock Conceptual Drawing Approval • Rhine Wharf Cost Estimate DATE OF NEXT MEETING: Wednesday, December 8, 2004, 6:00 pm Council Chambers ADJOURNMENT CITY OF NEWPORT BEACH HARBOR COMMISSION November 10, 2004 1 ileON_C:QC •1111 e► FROM: Harbor Resources Division (City Manager's Office) Chris Miller, Supervisor, (949) 644-3043 cmiller@city.newport-beach.ca.us SUBJECT: Appeal — Len Miller Vessel Size, 501 W. Edgewater ISSUE: Should Mr. Len Miller be allowed to keep his vessel at his shared residential dock even though his vessel extends beyond the allowable limits as stated in his pier permit conditions? RECOMMENDATIONS: Require Len Miller to remove his vessel from the eastern slip of his shared pier in order to satisfy the conditions of his pier permit. BACKGROUND: The Problem: On March 29, 2004, Doug Fletcher at 21 Bay Island, located directly across the channel from the Millers, filed a formal complaint with Harbor Resources stating that Len's vessel is too big for its slip. (See Appendix A.) According to the pier permit condition No. 5 for 501 W. Edgewater, "The largest vessel to be berthed in the easterly slip be 45 feet maximum." (See Appendix B.) The complaint contends that "not only does this cause an obstruction and potential hazard to navigation by sticking out over half way across the channel, but it also may present a safety concern for other docks / boats and/or the pedestrian bridge to Bay Island." In addition, Len Miller, by his own admission, has a difficult time maneuvering his vessel in and out of his slip when other boats are legally side tied to the Fletcher's dock. A field inspection by Harbor Resources revealed that the vessel physically measured to be approximately 53.5 feet length overall (LOA). LOA is defined as the overall length of the vessel and includes all appendages such as bow pulpits, anchors, swim steps, davits, dinghies etc... The Related Considerations: Len Miller was fully aware of the conditions set upon his dock in 1988. The minutes of the City Council meeting on September 12, 1988 prove that he was in attendance and understood his conditions. (See Appendix C.) The term LOA is not strictly defined in our current Harbor Permit Policies or Construction Standards. However, Harbor Resources has consistently defined LOA to mean the true overall length including all appendages on the vessels. In the very near future, our Policies and Construction Standards will be updated to include a specific definition of LOA that encompasses all appendages on the vessel. It is clear from the pier permit conditions that the primary concern in 1988 was the overall length of the vessel. On the other hand, the Coast Guard defines LOA quite differently from Harbor Resources. Their definition looks at Increasing Public Pier Time Limits 2 the length of the vessel without any other appendages. According to Len, the registered length of his vessel is 45'. In similar disputes of vessels that overhang beyond the end of the fingers by more than the width of the beam, Harbor Resources has allowed an acceptable tolerance of approximately 1' to 2'. The Miller's pier is the last pier on his side of the channel before the Bay Island bridge. Respectively, the Fletcher's shared pier is the last pier on their side of the channel. The size conditions were placed upon this dock because the channel is relatively narrow. However, vessel navigation in this channel is significantly reduced due to the low height of the Bay Island bridge and the restriction of boat traffic during the summer months. Enforcement: On April 12, 2004 Harbor Resources wrote a letter to Len stating that his vessel exceeded his allowable maximum length by approximately 8.5'. It also stated that he had 30 days to remove his vessel or risk an Administrative Citation with penalties accruing in $100, $200 and $500 increments. Due to scheduling conflicts with the applicants, this matter has been postponed several times to be heard by the Harbor Commission. Environmental Review: There is no environmental impact related to the Harbor Commission's decision on this issue. Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act, 72 hours in advance of the public meeting at which the City Council considers this item. Alternatives: Instead of agreeing to staff's recommended proposal, the Harbor Commission could: 1. Require the appellant to remove the dinghy, davits and any other appendages to bring the vessel to 45' as stated in his pier conditions; 2. Offer other Harbor Commission solutions and require the appellant to abide by those conditions; 3. Amend the pier conditions for the shared dock to allow for a vessel of a specified size to be determined by the Harbor Commission; 4. Allow the vessel to remain in its present slip at its current size. Prepared by: Chris Miller, Harbor Resources Supervisor Attachments: Aerial view of channel in current configuration Pier permit conditions Minutes of September 12, 1988 Council Meeting Increasing Public Pier Time Limits 3 Appendix A Aerial View of Channel In Current Configuration 2004 (Original aerial taken in 2001) Increasing Public Pier Time Limits 4 Appendix B Pier Permit Conditions Agenda Item No. F-15 CITY OF NEWPORT BEACH Marine Department September 12, 1988 T0: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT; HARBOR PERMIT APPLICATION 115-503 BY LEN MILLER AND LAWRENCE LEAVITT TO REVISE THE DOCK BAYWARb Or 503 EDGEWATER Recommendation: If desired, approve the application subject to the following conditions: _ 1. Approval of the Army Corps of Engineers 2. Approval of the California Coastal Commission 3. Approval.of the City Public Works Department as regards plans and specifications 4. That the largest boat to be berthed in the westerly most slip be 50 feet maximum 5. That the largest vessel to be berthed in the easterly slip be 45 feet maximum 6. That any vessel berthed on the most easterly side tie must not extend beyond the easterly finger into the navigational channel 7.. That the applicants must acknowledge that the land over which the existing and revised structure now floats is City The property and not State tidelands, and that in the future it may be necessary for the City to charge a rental fee.for the use of the City owned land. Background: #. This permit 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 the City Ii Council".' Increasing Public Pier Time Limits 5 Appendix B (Continued) The existing single U-shaped slip was'otiginally bayward of •a ingle -.residence on two lots. In the recent past the old residence was' removed and two new ;esidences were constructed.. The or. 1ginal single slip was made a joint dock shared by 501 and'. 503 Edgewater. To. more adequately adcomodate the two residences, the applicants are proposing a revision from a single to a +double Sligo The existing dock is adjacent to a relatively narrow navigational channel. However, navigation is restricted by the- height of the footbtdge onto Bay Island. During the three summer months the channel is closed to navigation to prevent a conflict between boats and swimmers on the adjacent public beach. The Marine Department feels that the revised structure wi_l have about the same impact on the channel as the existing structure. Notice of the public hearing have been mailed to adjacent residents and the Bay Island Homeowner's Association. - David Harshbarger Marine Director Jr %� Tony NN dlum Tidelands Administrator Increasing Public Pier Time Limits 6 Appendix C Minutes of September 12, 1988 Council Meeting COUNCIL MEW \ 1111-00N\�P* LQ Motion z All Ayes Motion z All Ayes • CITY OF NEWPORT BEACH MINUTES 12, 1988 (C-2664), was presented recommending the City reject all bids received on August 24, 1989 for subject contract; direct the staff to reduce the scope of the park improvements portion of the project; and authorize the City Clerk to readvertise for bids for the revised project to be opened at 10.00 a.m. on October 13, 1988. The PubliWorks Director advised that the low bidder for the above project. Green Construction, did not submit an addenda with their bid as required. However, the firm has subsequently submitted a letter indicating their willingness to perform the work for the price As bid, along with references of their qualifications. The Public Works Director outlined the options for Council consideration as follows: 1. If the City Council finds that the irregularities in the low bid are minor, the minor . irregularities can be waived and the contract awarded to Greco Construction; 2. If the Council finds that the irregularities in the low bid are not minor, the low bid must be rejected; and a. The contract slay be awarded to the next lowest responsive bidder. b. All bids may be rejected. John Cray, vice-president of Craco Construction, addressed the Council and stated be was available for questions. Motion was made to waive the irregularities in the bid of Grace Construction. Notion was made to award Contract No. 2664 to Graco Construction Company in the amount of $158.632 for the construction of the Channel Park Restroom and other improvements. 3. Report from the Marine Department, recommending approval of HARBOR PERMIT APPLICATION #115-503, Len Miller and Lawrence Lewitt, subject to the conditions of approval listed in the volume 42 - Page 353 Harbor l Apia/ 1 L. (51) Motion All Ayes Notion �k11 Ayes .Notion II Ayes tIon Ayes Notion Ayes Abstain Increasing Public Pier Time Limits 7 Appendix C (Continued) Y OF NEWPORT BEACH MINUTES September 12. 1988 DE staff report to revise the dock bayward Harbor 1 of 503 Edgewater, was presented. Ap11B1L' Len Miller, applicant. addressed the Council and requested that Condition of Approval No. 7 be deleted, inasmuch as be felt it was not relevant to what be was attempting to do. and because he was not extending his dock into the harbor. He also felt that if Condition No. 7 was Imposed. it should apply to other dock owners u well. Following discussion, the City Attorney racomended that Condition No. 7 be amended to read as follows: "That the applicants must acknowledge that the land over which the existing and revised structure now floats may be City fee property and not state tidelands. and that in the future the City may attempt to charge a rental fee for the use of the land." 'Notion was made to approve Harbor Permit Application No. 113-503 at 503 Edgewater, subject to the conditions of approval listed in the staff reporto as modified above. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. ENVIH01OMTAL QUALITY AFFAIRS CITIZENS EQA/CAC ADVISORY COMMITTEE VACANCY: Notion was made to confirm (District 6) Council Member Saasone's appointment of John'H. Anderson to fill unexpired taro of Lloyd Backart ending December 31. 1988. 2. COUNCIL AD HOC AVIATION COOMI Ad1Hoc VACAMs Aviatiot Cmte Notion was made to confirm appointment of Robert B. Olds to fill vacancy lift by Dorothy Hardeastle. Motion was made to confirm appointment of Dan Gilliland as Alternate Member to Bob Pendleton. Notion was made to confirm appointment of Bernard Pegg as Alternate Member to Robert B. Olds. . Volume 42 - Page 354 M lk:) NAMMAN MILLER BEAUCNAMP DEEBLE, INC November 9, 2004 Harbor Commission Newport Beach, Ca. Gentlemen: AGENTS & BROKERS INDEPENDENT INSURANCE License 0346445 Hopefully our, problem may be resolved today: 3633 EAST BROADWAY LONG BEACH CALIFORNIA 90803 D 562 439 9731 714 835 2958 562 439 4453 FAX www.HMBD.com Info®HMBD.com 1. Attached is a letter dated July 6, 2000 signed by Wes Armand, formally with the Harbor Resources Department, denying a side tie to the dock of the Fletchers behind my boat. He states it would be in violation of Harbor Permit Policy 21A. The present administration, however, has authorized a side tie. 2. We strongly objected to a side tie- as for the past 16 years we have had to navigate within 12 inches of the Fletchers dock to successfully.navigate into our slip. Side tying of their present boat has totally landlocked my boat. 3. It is my understanding that the docks on Bay Island are owned by the Bay Island Club and are not .individually owned. -There are numerous vacant docks on Bay Island and hopefully the Fletcher's'son who has the side tied sailboat would be able to use a different slip. Our boat over the years has had more use than almost any other boat in the Harbor. My wife and I own a mooring in Catalina and it has been our practice to leave -every Friday afternoon for the Island during June, July. August and September for the Island and return Monday morning. This was our main motivation for buying a waterfront house with a dock: As a result of the side tie we have been landlocked and have only made one trip this year. In addition we have provided many fundraiser cruises for numerous charities. We believe the Fletcher's objection to -the size of our boat is actually out of spite as we have objected to their dock revision and side tie over the years. 4. Our -boat is considered to be 45 feet by the Coast Guard;. state of California licensing and even the manufacturer, Bayliner who list the boat as 45 feet in their catalog. 5. If the commission would deny the side tie of the Fletchers behind our boat, we suggest you amend our dock permit to allow a 50 foot boat. We would the remove- the stern dingy and be within the 50 foot limitation.. Also, please review Email from Tony. Melum regarding size limitation at our dock. Sincerely, Len Miller &Mary Ann Miller Len Miller From: Tony Melum [tonymelum@hotmail.com] Sent: Tuesday, November 09, 2004 11:50 AM To: lenmil@hmbd.com Subject: RE: Miller vs. Brown Dear Len; The revision permit issue by the City Council in 1988-for the slips at 503 Edgewater,included 7 conditions. The ones relevant to the Harbor Commission meeting of Nov. 10th are numbers 4 and 5 that limit the size vessels that could be_ berthed in the revised slips. I included those conditions in the permit in recognition of the fact that this was a narrow channel and application of the harbor permit policy, which -allows a vessel to extent beyond the slip the width of its beam(section "Moorings B") , might present problems with vessel navigation in this channel. Since that time vessel navigation has been restricted in the channel by the placing of bouys by the lifeguards. and a research of the Harbor Resources Department files indicate no complaints have been received even thought your vessel has been berth in its slip contrary to the above quoted condition for 16 years. I would concluded based on the above that the original conditions 4 and 5 are now unnecessary since navigation at this location has since been restricted by the lifeguards and no navigational problems have occurred even thought a vessel larger than permitted has been berthed in the slip. .I hoped this answered your questions -.- please contact me. Sincerely If I can be of further assistance CITY OF NEWPORT BEACH P.C. BOX 17683 NEWPORT BEACH, CA. 93659-8915 July d, 2000 Douglas Fletcher Bay Island , Dear Ariz. Fletcher: Per your request this letter will attest to the fact that the City of Newport Beach, Harbor Resources Division, has notified you that berthing a vessel at your dock on the side tie nearest the channel between Bay Island and Edgewater would have the vessel. in violation of Harbor Permit Policy 21.A "Boats moored .at pnvate or public docks shall not extend beyond the projection of the property lines of the property to which the dock facility is connected." If You require additional information in regards to this matter, please call me at 644-3043 ESincerely, ways and Harbor Resources Cc: Tony Melurn 3_10C Newport Boulevard, Newport. Beuh CITY OF NEWPORT BEACH Harbor Resources Division n --< 829 Harbor Island Drive OVL Newport Beach, CA 92660 April 12, 2004 Mr. Len Miller 501 W. Edgewater Newport Beach, CA 92661 RE: Vessel on Easterly Slip of Dock at 501 W. Edgewater, Permit # 113-503 Dear Mr. Miller, A recent field inspection has revealed that there is a vessel that exceeds its size limitation at your shared dock in the easterly slip. The vessel was physically measured to be approximately 53.5 feet long. According to condition #5 of your pier permit as ratified by the City Council on September 12, 1988 (see attached), "That the largest vessel to be berthed in the easterly slip be 45 feet maximum." This letter is to advise you that unless you relocate your vessel within 30 days of the date of this notice, an Administrative Citation may be issued and penalties will begin to accrue ($100, $200, $500 increments). Your cooperation will be greatly appreciated in this matter. Please feel free to call if you should have any questions. Thank you, C% Chris Miller Harbor Resources Supervisor (949) 644-3043 Agenda Item No. F-15 r CITY OF` NEWPORT BEACH Marine Department September 12, 1988 T0: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT; HARBOR PERMIT APPLICATION 115-503 BY LEN MILLER AND LAWRENCE LEAVITT TO REVISE THE DOCK BAYWARb O.,F Y 503 EDGEWATER Recommendation: If desired, approve the application subject to the following conditions: 1. Approval of the Army Corps of Engineers 2. Approval of the California Coastal Commission 3. Approval.of the City Public Works Department as regards plans and specifications 4. That the largest boat to be berthed in the westerly most slip be 50 feet maximum 5. That the largest vessel to be berthed in the easterly slip be 45 feet maximum 6. That any vessel berthed on the most easterly side tie must not extend beyond the easterly finger into the navigational channel 7. That the applicants must acknowledge that the land over which the existing and revised structure now floats is City The property and not State tidelands, and that in the future it may be necessary for the City to charge a rental fee: ;for the use of the City owned land. Background: This perin;t 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 e�.: •• ` permit approved by the City Council".- '.she existing single U-shaped slip was originally bayward of 'a single residence on two lots. In the recent past the old residence was- removed and two new residences were constructed.. The original single slip was made a joint dock shared by 501 and 503 Edgewater. To.m'ore adequately accomodate the two residences, the applicants are proposing a revision from a single to a °double Slip. The existing 'dock is adjacent to a relatively narrow navigational channel. However, navigation is restricted by the height of the footbridge onto Bay Island. During the three summer months the channel is closed to navigation to prevent a conflict between boats and swimmers on the adjacent public beach. The Marine Department feels that the revised structure will have about the same impact on the channel as the existing structure. .Notice of the public hearing have been mailed to adjacent residents and the Bay Island Homeowner's Association. - David Harshbarger Marine Director Tony 71um Tidelands Administrator COUNCIL MEMBERS p G ..: yip � ROLL CALL Motion All Ayes Motion All Ayes .Motion All Ayes F x Lion Ayes Motion x Ayes x x x 3 Abstain ©M CITY OF NEWPORT BEACH Ego 0l MINUTES September 12, 1988 I Off staff report to revise the dock bayward Harbor ] lApli#11.1 of 503 Edgewater, was presented. Len Miller, applicant, addressed the Council and requested that Condition of Approval No. 7 be deleted, inasmuch as he felt it was not relevant to what he was attempting to do, and because he was not extending his dock into the harbor. He also felt that if Condition No. 7 was Imposed, it should apply to other dock owners as well. Following discussion, the City Attorney recommended that Condition No. 7 be amended to read as follows: "That the applicants must acknowledge that the land over which the existing and revised structure now floats may be City fee property and not state tidelands, and that in the future the City may attempt to charge a rental fee for the use of the land." Motion was made to approve Harbor Permit Application No. 115-503 at 503 Edgewater, subject to the conditions of approval listed in the staff report, as modified above. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS EQA/CAC ADVISORY COMMITTEE VACANCY: Motion was made to confirm (District 6) Council Member Sansone's appointment of John'H. Anderson to fill unexpired term of Lloyd Backart ending December 31, 1988. 2. COUNCIL AD HOC AVIATION COMMITTEE Ad Hoc VACANCY: Aviatior Cmte Motion was made to confirm appointment of Robert B. Olds to fill vacancy left by Dorothy Hardeastle. Motion was made to confirm appointment of Dan Gilliland as Alternate Member to Bob Pendleton. Motion was made to confirm appointment of Bernard Pegg as Alternate Member to Robert B. Olds. Volume 42 - Page 354 COUNCIL MEMBERS Motion a All Ayes .,Motion = All Ayes • CITY OF NEWPORT BEACH MINUTES September 12, 1988 (-2664), was presented recommending the City reject all bids received on August 24, 1988 for subject contract; direct the staff to reduce the scope of the park improvements portion of the project; and authorize the City Clerk to readvertise for bids for the revised project to be opened at 10:00 a.m. on October 13, 1988. The Public Works Director advised that the low bidder for the above project, Graco Construction, did not submit an addenda with their bid as required. However, the firm has subsequently submitted a letter indicating their willingness to perform the work for the price as bid, along with references of their qualifications. The Public Works Director outlined the options for Council consideration as follows: 1. If the City Council finds that the irregularities in the low bid are minor, the minor _ irregularities can be waived and the contract awarded to Graco Construction; 2. If the Council finds that the irregularities in the low bid are not minor, the low bid must be rejected; and a. The contract may be awarded to the next lowest responsive bidder. b. All bids may be rejected. John Gray, Vice -President of Graco Construction, addressed the Council and stated he was available for questions. Motion was made to waive the irregularities in the bid of Graco Construction. Motion was made to award Contract No. 2664 to Graco Construction Company in the amount of $158,632 for the construction of the Channel Park Restroom and other improvements. 3. Report from the Marine Department, recommending approval of HARBOR PERMIT APPLICATION #115-503. Len Miller and Lawrence Leavitt, subject to the conditions of approval listed in the Volume 42 - Page 353 arbor I .pl:L# I 1 51) I J r ,., r' , Ago ,, _ q d w # �ai k Asa # �e 09/17/2004 15:27 FAX 562 439 4453 H M B D INC. U 001 MILLER BEAUCHAMP DEEB4E,INC I September 15, 2004 Mr. Chris Miller INDEPENDENT NSURANCE AGENTS & BROKERS License W54a5 Harbor Resources Supervisor City of Newport Beach 829 Harbor Island Drive Newport Beach, California 92660 Re: Miller/Brown permit # 113-503 BI3633 EAST BROADWAY J.ONO BEACH CALIP-ORNIA 90003 Via Fax # 949 723 0589 D Dear Chris: You received a letter dated 8/19/2004 from attorney Terrazzo representing Brown which is in error. 502 439 9731 71d 035 2950 562 a39 4g53 FAX WWW.MMBD Corn InfQQHMBD.com 1. We are not- applying to the Harbor Commission for a variance to oxterid the permit on the westerly side to 53.5 feet. 2. We have demanded arbitration, pursuant to our partnership agreement, to place our boat in the Westerly slip. Our agreement specifically states th. Lt we have an undivided 50/50 ownership and there is no designation regarding location of our boat. We have advised our attorney that we will comply with the :;0 foot limitation by removing our dingy and raising the davit vertically when in the slip. With this procedure our boat will be exactly 50 feet and be in cozrpliance with the dock agreement. 3. We also wish to advise that when the agreement was originally m. ule our boat was in -the Westerly slip for many years. A flew years later we were ad, �sed that Mrs. Brown's original husband, Larry, had a son who owned a sailboat that would be difficult to maneuver ipto the Easterly slip and asked if we would agree to switch, which we gladly obliged. 4. The statement of customary location of a boat to be, in front of a p,,,rson's home ,does not apply when a recorded partnership agreement specifically states that .there is an undivided and undesignated 50/50 interest. Especially iti, this instance where the majority of the Westerly slip is in front of our house. Also since there is a need to make the change to comply with your requirements we believe the arbitration provision of the partnership agreement will prevail in our favor. Sincerely, Len Miller Cc Mark Alexander FAX# 949 752 0597 Message Page 1 of 1 Miller, Chris From: Miller, Chris Sent: Wednesday, September 15, 2004 9:02 AM To: Len Miller; Chris Fletcher; Annie Brown Cc: Tony Melum; Rossmiller, Tom Subject: Harbor Commission Meeting Change to November - Confirmed To all, This will confirm that the hearing date for the Harbor Commission meeting has been changed to Wednesday, November 10. Thank you, Chris 09/15/2004 09/14/2004 14:58 9496737209 LEN MILLER ASSOC PAGE 01 941 W. Edgewater Newport Beach, Ca. 9661 94'6M1 949/673,6615 l( c° €. l TO: City of Newport Beach Attn: Chris Miller -Harbor Resources Diviz6on FROM., MaFry Any Miller RE- Hearing ®ate Page 1 of 1 Miller, Chris From: Ckfletch@aol.com Sent: Tuesday, September 14, 2004 6:45 PM To: CMiller@city.newport-beach.ca.us; annie503@adelphia.net Cc: tonymelum@hotmail.com Subject: Re: Harbor Commission Meeting Change Chris, Thank you for your email. Moving the date to November is fine with Doug and I. Chris Fletcher In a message dated 9/14/2004 3:10:00 PM Pacific Standard Time, CMiller@city.newport-beach.ca.us writes: Chris and Annie, Please confirm via email that you are willing to change the Harbor Commission hearing date to Wednesday November 10 as per the Miller's request. Although the City does not support this change due the meeting date already agreed upon earlier, we are willing to move the meeting to November if the parties involved independently agree to do so. Thank you for your prompt reply of an approval or refusal of the November date. Thank you, Chris 09/15/2004 August 23, 2004 Annie Brown 503 West Edgewater Newport Beach, California 92661 (949) 723-5961 Mr. Chris Miller Harbor Resources Department Dear Chris: Thank you for forwarding me the information of the up coming Harbor Commission meeting on Oct. 13th regarding the Fletcher's complaint of Len Miller's boat. I will be returning from overseas on that day and hopefully will be able to attend the meeting but there is a chance I will not make it in time. I would therefor like to submit this letter stating my full support for the Fletcher's claim against the size of Mr. Miller's boat which is toDlarge for either of the slips of our joint dock. It clearly states in our granted pier permit of the size limitations the boats allowed. Not only does his boat infringe into the channel, the bow of his boat, with its large anchor, completely overhangs and blocks the common walkway of our dock. It is necessary to duck under the bow and anchor anytime passing on the dock. I know that this is a private dock but there are multiple people using it at any given time. If someone is not paying attention or should there be an emergency this could be quite dangerous. Thank you again for all your time regarding this situation. Sincerely, FERRUZZO & WORTHE, LLP THOMAS G. FERRUZZO* ATTORNEYS AT LAW JEFFREY A. WORTHS A LIMITED LIABILITY PARTNERSHIP, INCLUDING PROFESSIONAL CORPORATIONS JAMESJ.FERRUZZO' JAMES K. LEESE` 3737 BIRCH STREET, SUITE 400 TELEPHONE (949) 608-6900 DAVID N. SHAVER NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (714) 834-9322 JOHN R. PELLE TELEPHONE (714) 285-9600 JOHN R. HANSON TELEPHONE (714) 641-1690 GREGORY J. FERRUZZO FACSIMILE (949) 608-6994 TODD C. WORTHE FACSIMILE (714) 834-9358 SHERRY D. GRAYBEHLZ FACSIMILE (714) 285-9700 GORDON D. SCHOLTE FACSIMILE (714) 641-1780 CHERYL L. BARRETT ANN L. MEZZACAPPA W W W.FERRUZZOWORTHE.COM NANCY C. FERRUZZO SUE DAULTON, Firm Administrator PAULA A. CLARKSON August 19, 2004 COLLEEN M. McCARTHY JOHN G. BRADSHAW* BRAD B. GRABSKE Of Counsel `A PROFESSIONAL CORPORATION ' CERTIFIED ESTATE PLANNING, PROBATE & TRUST LAW SPECIALIST 2 CERTIFIED FAMILY LAW SPECIALIST B383.2\145958v1 Mr. Chris Miller CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive Newport Beach, California 92660 RE: Vessel owned by Len Miller and moored on easterly slip of dock located at 501 West Edgewater Dear Mr. Miller: Our firm has been retained by Annie Brown who resides at 503 West Edgewater, Newport Beach. As you are probably aware, the Browns and their neighbor, Mr. Len Miller are parties to a common boat facilities agreement regarding the use of the common boat dock which is located bayward of the parties' residence at 5 01/5 03 West Edgewater. It is the Brown's understanding that according to the applicable harbor permit and policies the largest vessel which may be berthed by Mr. Miller in the easterly slip (which is located in front of his residence at 501 Edgewater) is 45 feet. Mr. Miller's vessel exceeds the maximum size permitted for this slip by approximately 8 feet. It is my understanding that on April 12, 2004, you issued a letter to Mr. Miller advising him of this violation and asking that the vessel be relocated within thirty (30) days. (A copy of your April 12, 2004, letter is enclosed herewith for your reference). To date, Mr. Miller has not made arrangements to relocate his vessel to a suitable mooring or otherwise comply with your letter. Mr. Miller's yacht continues to violate the terms of the harbor permit and the parties' common boat facilities agreement. FERRUZZO & WORTHE, LLP ATTORNEYS AT LAW A Limited Liability Partnership, including Professional Corporations Chris Miller August 19, 2004 Page 2 As I am sure you are aware, rather than comply with your request to relocate his vessel, Mr. Miller has embarked upon a course of action which has escalated this dispute. Mr. Miller has filed an Arbitration claim against the Browns seeking to move his oversized vessel to the westerly slip (which is located in front of the Browns residence) and has apparently applied to the harbor commission for a variance to allow his oversized vessel to remain moored in front of the Browns home. Mr. and Mrs. Brown hereby formally object to Mr. Miller's efforts in this regard. Specifically, Mr. and Mrs. Brown object to the following: Mr. Miller's maintenance of his 53.5 foot vessel in its present mooring which is limited to vessels of 45 feet or less. 2. Mr. Miller's application for a variance to permit his oversized vessel to remain moored at either of the common boat slips located bayward of the Millers/Browns residence. 3. Mr. Miller's demand to move his oversized vessel to the westerly slip which is located bayward of the Browns residence against pier permit regulations. On behalf of Mr. and Mrs. Brown I am requesting that you notify me when and where Mr. Miller's application for a variance regarding his vessel will be considered by the city and permit the Browns a fair opportunity for their objections to be heard and considered before any such decision is made. Furthermore, it is my understanding that in such instances it is customary to give notice to the surrounding neighbors who may be impacted by such a variance and give them an opportunity to be heard on the issue. Please let me know whether or not any such notice will be provided in this case. Thank you in advance for your prompt and professional attention to this matter. If you should have any questions or otherwise wish to discuss the foregoing please do not hesitate to give me a call. Thank you forte alsis*nce in this matter. UZZO GJF:ben Enclosure CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 April 12, 2004 Mr. Len Miller 501 W. Edgewater Newport Beach, CA 92661 RE: Vessel on Easterly Slip of Dock at 501 W. Edgewater, Permit # 113-503 Dear Mr. Miller, A recent field inspection has revealed that there is a vessel that exceeds its size limitation at your shared dock in the easterly slip. The vessel was physically measured to be approximately 53.5 feet long. According to condition #5 of your pier permit as ratified by the City Council on September 12, 1988 (see attached), "That the largest vessel to be berthed in the easterly slip be 45 feet maximum." This letter is to advise you that unless you relocate your vessel within 30 days of the date of this notice, an Administrative Citation may be issued and penalties will begin to accrue ($100, $200, $500 increments). Your cooperation will be greatly appreciated in this matter. Please feel free to call if you should have any questions. Thank you, Chris Miller Harbor Resources Supervisor (949) 644-3043 Annie Brown 503 West Edgewater Newport Beach, California 92661 (949) 723-5961 July 22, 2004 Tom Rossmiller Harbor Resources Manager. Re: Miller/Fletcher/Brown Dock dispute Dear Tom: I have now found it necessary to seek legal advice in the above matter and if it is possible I need you help to clarify a few issues regarding the variance Mr. Miller is seeking. They are as follows: What is the variance process? Criteria for granting a variance? What has been filed so far? Who participates and who is notified in the neighborhood? How does it evolve? Also, you mentioned in your email that the Sheriffs Harbor Patrol would be involved. Who contacts them and when to determine the navigability and landlock problem .... are they the last word? Is the September 8t" meeting with the Harbor Commission or City Council? If I need to file a complaint on Mr. Miller's boat being to large how is that done? Again, thanks so much for you valuable assistance in this matter... 06/07/2004 11:32 FAX 562 439 4453 H N B D INC. 2001 HAMMAN 3633 east NHI,I,ER Broadway BEAUCE AMP Long Beach, DEEDLE, INC Ca 90803 Date: June 7, 2004 Page: 1 of ATTN: CIMS MrI,LER FROM: LEN MILLER 562-439-9731 714-835-2958 ph 562-439A453 Fax limnsc 0345445 FAX COVER SHEET FAX 949 723 0589 This memo confirms you agreement to delay the requirement of removing my boat from its present slip until after the meeting in August of the Harbor Commission, Please advise the exact date and time of the meeting and also if any documents are necessary in order to have the matter placed on the agenda. Sincerely, Len Miller Message Page 1 of 1 Miller, Chris From: Miller, Chris Sent: Thursday, June 10, 2004 3:52 PM To: Len Miller Cc: Rossmiller, Tom Subject: Fax Received Len, This is a confirmation that I have received your fax stating that you would like to appeal to the Harbor Commission the Harbor Resources' decision to enforce your vessel / dock issue. By doing so, any action to remove your vessel will be delayed until the Harbor Commission's decision. The Harbor Commission meeting will be on Wednesday, August 11, 2004, 6:00 pm at the Council Chambers at City Hall. I would recommend that you take a look at the Harbor Commission's website to familiarize yourself with the process. http://www.city..newport-beach.ca.us/HBR/ This link brings you to Harbor Resources then click the button for the Harbor Commission. I will be preparing a staff report and PowerPoint concerning this issue with the facts as I see them. As a courtesy, I will let you preview my presentation to make any necessary changes. Also, you are more than welcome to present any other facts / figures via handouts or a PowerPoint presentation. Please keep me informed of any future developments, should they occur, before the meeting, as they might be relevant to the discussion. Thank you, Chris Miller 06/10/2004 Message Page 1 of 1 Miller, Chris From: Miller, Chris Sent: Thursday, June 10, 2004 4:06 PM To: Chris Fletcher Cc: Rossmiller, Tom Subject: Len's Appeal Chris and Doug, This will confirm that Len has filed an appeal with this office concerning his boat / dock issue. His appeal will be heard at the next Harbor Commission meeting on Wednesday, August 11, 6:00 pm at the Council Chambers. I recommend that you both be present as the City is acting on behalf of your complaint. You will be given time during public comments to present any other facts or relevant information that you see fit. I would also recommend that you familiarize yourself with the Harbor Commission by visiting the Harbor Resources website, httpJ/www ciy.newpoortbeach.ca.us/HBR/ then click on Harbor Commission. I will be preparing a staff report and PowerPoint concerning this issue with the facts as I see them. Please keep me informed of any future developments, should they occur, before the meeting, as they might be relevant to the discussion. Thank you, Chris Miller 06/10/2004 Annie Brown 503 West Edgewater Newport Beach, California 92661 (949) 723-5961 May 23, 2004 Attn: Chris Miller Harbor Department, Newport Beach, California Dear Chris: It is my understanding it is customary for joint pier owners sharing a mutual dock that the slips in front of each person's property are deemed "their slips". I believe that this is the practice throughout the harbor and what is accepted. Also, joint pier owners have equal rights under the pier permit. I realize it is difficult for Len Miller to get his boat in and out of his slip and during the three-month boating season. As a gesture of being a good neighbor, I would like to offer that he would be able to switch positions and have his boat in front of my house during that time. This is acceptable to me only if he will agree to switch positions back for the other months of the year. I would also like him to agree to keep the top of his boat clean from the mess the seagulls make as it is quite unsightly looking down upon it from my house and deck. Thank you Annie Brown 05/05/2004 12:11 FAX 562 439 4453 HAMMAN MMLER BEAUCHAMP DEEBLE, INC Date: May 5, 2004 ATTN: CMUS MILLER FROM: LEN MILLER H H B D INC. U 001 3633 east 562-439- 9731 Ph Broadway 714-835-2958 Ph Long Beach, 562439-4453 Fax Ca 90803 license 0345445 FAX COVER SHEET FAX 949 723 '0589 Confirming conversation we do not intend to pursue any further objections to the proposed dock modification of the Fletchers on Bay Island. Accordingly, you have agreed to withdraw your complaint regarding the size of my boat. I Len Miller Facsimile Transmittal Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 Fax (949) 723-0589 Date: May 5, 2004 To: Chris Fletcher From: Chris Miller, Supervisor (949) 644-3043 Fax No: (949) 833-7788 No. of Pages: 2 (Including cover sheet) RE: Letter From Len Miller Chris, Attached is a letter from Len Miller stating that he will not pursue any further objections to your proposed dock configuration. If this is satisfactory, please write me a brief letter stating that you will withdraw your complaint of his oversized vessel. The City will then drop its case against Len Miller. Please feel free to call and discuss. Thank you, C /i ✓ '-� n Chris Douglas B. Fletcher Monday, March 29, 2004 Mr. Tom Rossmiller Mr. Chris Miller Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 VIA MAIL and FAX 949-723-0589 Re: Formal Complaint Harbor Permit # 115-503; Dock Bayward of 503 Edgewater Dear Tom and Chris: It has come my attention that Mr. Len Miller is in violation of the dock permit conditions for his berthing at 503 Edgewater in Newport Beach. Per condition 5 of his permit application, "the largest vessel to be berthed in the easterly slip be 45 feet maximum". Mr. Miller's vessel is nearly 55 feet long. Not only does this cause an obstruction and potential hazard to navigation by sticking out over half way across the channel, but it also may present a safety concern for other docks/boats and/or the pedestrian bridge to Bay Island. This channel location is simply too narrow for a boat of this size. By his own admission, Mr. Miller has difficulty berthing his vessel in his slip, particularly during windy conditions or when the tidal currents are strong. When I lived at the end of Bay Island several years ago, I used to accommodate Mr. Miller by allowing him to berth at our dock when he felt it was unsafe to dock at his own slip on windy days. The conditions in his permit application were very specific, obviously intending to avoid this potential danger. I have pointed out to Mr. Miller on several occasions that I believed that his boat was too large for the slip, but he has to date done nothing to remedy the situation. I would appreciate it if you could see that the permit conditions for this dock are 21 Bay Island - Newport Beach, CA 92661 Douglas B. Fletcher enforced for the safety of other docks/boats and the Bay Island bridge. Thank you in advance for your assistance. 21 Bay Island - Newport Beach, CA 92661 Facsimile Transmittal Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 Fax (949) 723-0589 Date: January 27, 2004 To: Len Miller From: Chris Miller, Supervisor (949) 644-3043 Fax No: (562) 439-4453 No. of Pages: 2 (Including cover sheet) RE: Schematic of Revised Dock Len, Attached is the drawing that you requested. In order to keep the flow of our discussions going, please respond to our office by Friday, January 30, at 3:00 pm to let us know if you would like to meet. The following days to meet could be either: Monday, February 2, morning Tuesday, February 3, morning Wednesday, February 4, as long as the meeting ends by 8:40 am Please choose a date that works for your schedule. Thank you, ChA� Chris Page 1 of 1 Miller, Chris From: Annie Brown [anniebrown@adelphia.net] Sent: Tuesday, January 20, 2004 2:21 PM To: cmiller@city.newport-beach.ca.us Chris: Thanks for you letter and aerial view of the proposed dock. I will be in touch with Len Miller as to his plans on proceeding as it does impact his boat more than mine ... he will be in contact with you when is best for him to get together I am sure... Annie Brown 02/06/2004 CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 January 14, 2004 Mr. Len Miller 501 West Edgewater Newport Beach, CA 92661 Ms. Anne Brown 503 West Edgewater Newport Beach, CA 92661 RE: Aerial View of Proposed Dock Configuration, Alternative #2 Dear Len and Anne, Enclosed is an aerial view of the docks and revised changes for you to review. Please let us know as soon as possible when you are free to discuss this proposal. I have hand delivered this to your residences on 1/14/04 and mailed first class. Thank you, (�� Chris Miller Harbor Resources CMillergcity.newport-beach. ca.us (949) 644-3043 CITY OF NEWPORT BEACH Harbor Resources Division =. 829 Harbor Island Drive c�LIFOV II Newport Beach, CA 92660 January 8, 2004 Mr. Len Miller 501 West Edgewater Newport Beach, CA 92661 RE: Aerial View of Proposed Dock Configuration Dear Len, Enclosed is the aerial view of the docks and the proposed changes, per your request. I apologize for the confusion in not delivering to you sooner. I have hand delivered this to your residence on 1 /8/04 and also mailed it first class. Thank you, Chris Miller Harbor Resources CMillerQcity.newport-beach.ca.us (949)644-3043 LEN MILLER 501 WEST EDGEWATER NEWPORT BEACH, CA. 92661 December 23, 2003 Mr. Chris Miller and Mr. Tom Rossmiller Harbor Resources Division 829 Harbor Island Drive Newport Beach, Ca. 92660 Re: Pier Alteration 21 Bay Island- Doug Fletcher 22 Bay Island- James Stivers Gentlemen: Thank you for meeting on the Bay Island bridge to review the potential change of the dock for the subject property. This letter confirms the following: 1. Approval for the contemplated changes have been put on hold until further studies will be made. 2. You have agreed to provide the proposed changes to scale on an overlay of the existing aerial map of the area. The map is also to show the exact location and angle proposed for the two 50 foot docks adjacent to our property at approximately 505-509 Edgewater along with the proposed Bay Island changes. Please provide the above as soon as possible as we wish to have adequate time to allow our advisor to review the potential changes to determine feasibility. If all appears agreeable we will confirm the proposed meeting on January 9 at 9A.M. when a "mock up" extension will be placed on the Bay Island dock Sincerely, Len Miller Map Output Page I of I PC C http://www6.city.newport-beach.ca.us/servlet/com.esri.esrimap.Esrimap?ServiceName=nb—lnfo&Client... 12/19/2003 G—� O O to P� I M O O cal N O� SEW Pp�T CITY OF NEWPORT BEACH � � n 3 Z P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 �r FpR14 October 13, 1992 Nancy Oppenheim 507 Edgewater Balboa, CA 92661 Mr. Leavitt 503 Edgewater Mr. and Mrs. Len Miller 501 Edgewater Re: Harbor Permits 113-507 and 113-503 for the piers and floats bayward of 503, 501 and 507 Edgewater Dear Harbor Permittees: The City of Newport Beach has received an application to do dredging bayward of 507 Edgewater. As part of our review process prior to issuing a dredging permit we noted that the bulkhead bayward of public property in that location is built with 8 foot panels. The penetration of those panels into the sand which supports the wall; goes from 5 feet of penetration starting at Lindo Street, to 1/2 foot of penetration; as you proceed from west to east. In discussion with the Public Works Department we find that this provides very little material against the existing bulkhead and could eventually precipitate a failure of the bulkhead wall. In approving the dredging permit application submitted by Mrs. Oppenheim, the City is considering requiring that the dredge material be disposed of along the face of the bulkhead so that there is a minimum penetration of the 8 foot panels of 4 feet along the full length of the bulkhead from Lindo Street to Island Avenue. Depending on the tidal elevation in this location the slope of the sand would either be on a slope of 1 to 5 or a slope of 1 to 3. We feel that this method of sand disposal is important to prevent the failure of the bulkhead adjacent to public property. This disposal may, however, impact the use of your floats in the particular area. As a result, the City Marine Department would like to meet with you at your convenience, either as a group or individually, to discuss the sand disposition. Please contact me at your earliest convenience so this matter can be resolved. I can be reached at 644-3044. Sincerely Tony Me um, Deputy Director 3300 Newport Boulevard, Newport Beach rol J� 0 �Q N� h� , 00', 8� - f�I ��// ,,Xg-od I I N� x x P/G12KG-A-c; Z-I AIC '/VI/LLfI2 - LL.9V/T'T d�K AlKe a em 1 3 /-ZY/ if sz-,✓u,i(,s��,� 1,13 -- So 1 Cl r Y of NE�,po.Pr BEAc,, '41� h N c n. r` Ad R O •Al�OA D /aA40 0.00 •l.l.W. A marsh '9 � e� O y r CNI�I 1 D \ •d. MIS I ; VICINITY SKETCH CA,r N•wvowr b<►Y, Cqt �ioaN�n y • isrir &_=3p . - . . . Sound�nys ore e.�piCssed in �s�f and v'enoft. � dopf�+3 bG/Ow MCOr! LOyVQr Low WOsdr. �LJori...cns ro.)9e of /,'de pppru+ti•nO�e/y !O leef Norbor i.ne5 are eafob/,Sf+� ,n �h%s sCcf.o,> of NeaPorr �3or. �q/ Line ���i z �` L_rL.-___—_ ._J re So' Li 30' 30' /09 /oP /07 �c6 /off flitY OF 4 NEWPORT BEACH HARBOR PERMIT PEFMISSION IS HEREBY GRANTED TO CONSTRUCT ANL MAINTAIN THE FACILITY SHOWN ON TH= REVERSE.HE3aEOF, AT THE SITE INDICATED. SUBJECT TO THE PROVISIONS Ot THE HAROOR PERMIT POLICCES OF Nw_l0AIC,!T BEACH ANL ANY SPECIAL CONDITIONS LISTED IMREQN. THIS PERMV IS NOT TRANSFERABLE W11TUOUT THE VJ ::;TEN CONSENT W THE CITY HARBOR CCOraEi4l OR Os*, CITY COUNCIL. Tide RIGHTS G.,YEN UNOEn THIS PERMIT PEnw.MSIVH ONLI AND THIS PERMIT MAY LE Ic :ifGKED BY T!iZ CITY COUNCIL IN ACCORDANCE WITH TITLE 117 jWTHE C,IUNZCIPAL CODE. CITY HAIM R INATOR �1 r5 3 S PERMIT NQ. • ._ . .,_.. DATE SPECIAL CONDITIONS: Corps Of Erio eem Permit Orange county Permit 00.r. C A-e s- y = .3 PERMIT ISSUED SUBJECT TO DI?rDrE MATERIAL BEMIG "„u EDTOSEA PLACED ON EEACH / 3. DAT--E T<I M� E FOR U WHILE YOU WERE OUT OF �G� un�� /✓ /'���� C PHONE NO. EXT. TELEPHONED PLEASE CALL RETURNED YOUR CALL WILL CALL AGAIN CAME IN TO SEE YOU URGENT MESSAGE c BY G DAT�4 O TO: O 'MAYOR COUNCIL 0 0 FIRE GENERALSERV. O MANAGER 0 LIBRARY 0 ASST. TO MGR. 0 MARINE 0 EXEC. ASST. O PARKS & REC. 0 ATTORNEY 0 PERSONNEL 0 BUILDING 0 PLANNING 0 CITY CLERK 0 POLICE [:J DATA PROCESS. 0 PUBLIC WORKS 0 DUPLICATING 0 PURCHASING 0 FINANCE 0 TRAFFIC 0 BUSINESS LIC. 0 UTILITIES FOR: i1 ACTION & DISPOSITION It FILE ❑ INFORMATION ❑ REVIEW & COMMENT ❑ RETURN / REf*1RKS:rz . •` �� F I 4 FROM: ifs, //3 -so3 io7•sj- fr �ALiO.o A-9C�i4/ s.•� s4A.Re sweaw _ L ��' VICINITY SKETCH '"�'�f�p��„+ .N/Jy MRWPORT DAY, CALIFORNIA e r= /��J �%C'. 1"' J J. .f•. 61✓0 6..w�w.c icwr r+,�[L 'r_:7': f= � � = �Cy� • Sou.�dii�ys ora e.ro�essed Jr, fGCt ��nr1.�'n0/C r�/�tt).S be/aw/ .NGvn L owe� L ow H/otei: .f9ori.^nc •m �onc/e of /O feel i/o�bor Linos oi'G '-- -- • - - --- - -- estob/shed in /hJ;T stction of Maw,c+ori e�y. L �• c o no✓ Moe it r4 4141nGr P1`-� r" i i O e O `O 4- ` ,. /vim e i� - 7, ?;lrr-a e 77- I ��i/O1�G /a�•��r3 �d �° /i.r�c�?'E/,1 �4 it%C Ak- "e, ;.7j .. -. -_ ._.. .�,..,..... �. _ -.. �. 1_.•. �. Cam �2��P.c�ro / / 3 _ � ,n i .-7 HARBOR PERMIT PZR;VIISSION IS HEREBY GRANTED TO CONSTRUCT AND tRA3NTAIN THE FACILITY SH01" Pd OH THLE REVERSE HEREOF, 0' THE SITE iNDIL:AMD, SU'2.E'nl- TO 'iHE PRC+If SIGNS OF i -0E HARBOR f" R d r Pf-';L!C F w.r N'-7 JP0TlT BEACH ANL- H Y SP rCSAL THIS PERMIl S N G T : F>>1i3,S FERA 2 CO, OF Ar4 PrM [SSIVE ONLY ;NCa 4'r015 r G IN91 f C!SK C [3`i k c:%OWED By TOE C-ITY COUNCIL jN ACCORDANCE. V'1gTH TITLE 17 OF THE RIY N'XIPAL CODE. PERMIT NO. CITY HARBOR COORDINATOR DATE Fn�07w L 'COINDITIONS: -corS Permit io -� 7 county Permit -1k*k4-- .I i a� I / l I ll3 -so3 f �ONA, __ , t w�w��i.f� Hof � .f►� A ,1 C�.a �cl VICINITY SKETCH �'ti' 'w�'a►IS=lam,,, NQWPORT SAY, CALIFORNIA Sourssiisys ore feet .1Crso/c ee-nihs below .NMn L orvQ r L ow of CidC opprovii»oCe/y /O fceL /�oi-ber Lints oi-e Cstob/is/sco� in lhis sectibis of Ncw,c+o�t V. r✓s, ram'='�"'.,:''-r.�' .,r / /, _.i like e, I - - E y lg ,ram -� ` 7 / p- P, C14 po �P July 31, 2002 CITE' OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Len Miller 501 W. Edgewater Ave Newport Beach, CA 92661 Re: Dock Revision at 21 & 22 Bay Island Dear Mr. Miller: City Council Harbor Permit Policies require the Harbor Resources Division notice property owners within 300 feet of proposed work, when the work is for an unusual type of harbor structure or a structure in which the applicant poses a use that is not keeping with the surrounding area. A copy of the proposed dock revision is attached for your information, if you have questions please call Wes Armand or 'Tony Melum on or before August 22, 2002 at (949) 644-3034. Sincerely, 1 Wes Armand Harbor Resources. Division0 KkivsY 3300 Newport Boulevard, Newport Beach DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS January 25, 1989 REPLY TO ATTENTION OF, Office of the Chief Regulatory Branch Len Miller C/o Larry Barrett Marine Service ATTN: Larry Barrett 2804 Lafayette Avenue Newport Beach, California 92663 Gentlemen: Reference is made to your request of December 22, 1988 (89-098-GS). Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to (1) remove the existing deteriorated structure; and (2) build and install a slip float and pier, in Newport Harbor at 501 and 503 West Edgewater Avenue, Newport Beach, Orange County, California, as shown on the enclosed drawings and subject to the enclosed conditions. The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and to comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre - addressed envelope is enclosed for your convenience). Notice of the commencement of the activity must reach this office at least days before the activity actually starts. Please use the enclosed card. Sincerely, J'-'L Charles M. Holt, P.E. Chief, Regulatory Branch (PERMITTEE) (DATE) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associates liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) Enclosure -fTY of NEWPORT BE CH PIESHEAO LINE r1LLw U•O �l 51,1SITING I1 GPOUN TO L.B. PROJECT SIT �( I i` N E P I E� W p PA C PIE � Y :1C _ \ O NO DREDGING SCALE IN MILES PROFILE VICINITY MAP SCALE:I°=90' NEWPORT HARBOR, CALIFORNIA ADJACENT SLIP 1 U.S. 1G4 U.$. PROJS- T- -_ . A LiI~iFEE OF Eh576 aE'r�r -7 7. U, S. PIE19HEAD 1=r _ � 4 I 1 Me-1 I PI-0PER7'Y UNE- J 503 I 501 I VE D N I I -- .rPL{CANTS "�•Q•'-'� I~!�I_LEF�i--`AU�� TRACT 22 E'-OCK 052, LOT 1�2 LARR'r 3ARRET DDR`SS CONTRACTORIhy DATE���� t = v yytt•, 12 -1/4 11 N 4-oz' ST/2AND,S 11 3/411 Chamfer I - four edges - I r -- a _j 0 1 ; 45° Chamfer-_ Top a bottom CEMENT Type II conforming to ASTM C-150 sacks per cubic yard AGGREGATE Natural aggregate conforming to ASTM C-33, 3/411 maximum. CONCRETE fc = - 000 psi at 28 days fli = 3000 psi at transfer WIRE SPIRAL W3.5 cold drawn wire conforming to ASTM A-82. PRESTRESSING STEEL 1/211 dia., 270K strand conforming to ASTM A-416. Jacking force = 30>/60lbs. per strand Working force = 24,600lbs. per strand Total number of strands Effective prestress__�`�®` _ psi HARBORPRECASTCOMPANY SAN PEDRO. CALIFORNIA . orvmow or GUY F. ATKINSON COMPANY PRESTRESSED CONCRETE PILES-12 SQUARE n 0.... D.r[ AL. urwov[D DWG NO. FORM HP OV.11 100 7.76 T-2390 It- o _ m ta_ CEMENT Type II conforming to ASTM ,C-150 ___---=� sacks per cubic yard AGGREGATE Natural aggregate conforming to ASTM C-33, 3/411 maximum. e - _ CONCRETE -- �— - , fC 5-000 psi at 28 days fcli = 3000 psi at transfer r WIRE SPIRAL - 111W3.5 cold drawn wire conforming to 1WSTM A-82. - PRESTRESSING STEEL -- 1/211 dia., '270K strand conforming to ASTM -4 A 6. - I Jacking force = 30;,/60 lbs. per strand Working force = 24,800lbs. per strand 2�ay Total number of strands Effective prestress __`�� �"� _ psi 3/490 Chamfer four edges IL J c v U 1', 45* Chamfer Top ® bottom HARBOR PRECAST COMPANY SAN PEDRO. CALIFORNIA 1 A DIVISION Oo GUY F. ATKINSON COMPANY PRESTRESSED CONCRETE PILES-12 SQUARE I� pwwwN l Gw[C�[D � AI►wpV[D DWG NO. - - - FORM HP Brill IDo 3.76 T-2390 STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 WEST BROADWAY, SUITE 380 LONG BEACH, CA 90802 (213) 590-5071 Date: December 8, 1988 TO: Larry Barrett Marine Service _ 2804 Lafayette Avenue Newport Reach, CA 92660 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 Fxecutive 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 5-88-980 APPLICANT: Len Mille IOCATLON: 501 and 503 W. Fdgewater Avenue NFWPORT BEACH, Orange County PROPOSED DFVFL.OPMF.NT: Demolish existing float, piles, ramp, and dock, and replace with a new float, piles, ramp and docks. RATIONAL.F: The proposed project is consistent with the certified Newport Beach Land Use Plan, compatible with the neighborhood, and consistent with past Commission decisions for the area. This waiver will not become effective until reported to the. Commission at. their December 13-16, 1988 , meeting and the site of the proposed development has been appropriately noticed, pursuant to 13054(h) 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 wi" do ror,1i4ror1 �k-'tv L 0/! i � 9 �2/-'k'� by: CHARLES DAMM South Coast District Director cc: Commissioners/File DS:nw 8172A f ; or I4I=vVP0H i B ;.CH 10' so' 261 LING I _q,�= rll-Lw ().0 li f I j BUST I NG GPOUNb TO L.B. �-_PROJECT SfTE`,,, t C P I EN E w P r N p^ n BAY 1, / p I P ! E I \ �. p � z � SCALE IN MILES PROFILE VICINITY MAP SCALE: I"=q01 NEWPORT HARBOR, CALIFORNIA ADJACENT South coast vist ic:t otf16'§ _� ► APPRDva •88-98 -per" "0 I us.IGlq S! _...�� muc�r.' j. L;I,JE- OF D(SIZ, PIERS — _ I u.S. PIE'r3I~=A_ z T��__ =J �t o. C/o CITY NALL 3300 NEWPORT BLVM NEWPORT suck CA l:Lj,-fib -r f I I - txlMMB� i �F1Rc1A5T�� PRoPEpj-y LrK'e'_--4— laa, �7�� / 71� EO3 I 501 ! �A �I N I i 0 8 10 20 3O a too t SCALE, Id = 501 t I FPLICANTS L L`R L.=AVTT ITRACT ?? Q'--OCK 052 LOT 1�2 .! �.. `3 .,C O N T R .A C T O R�' Fy "ARR G A T E BI�I�s - -, N:= .//�=Ic 0 a Agenda Item No. F-15 CITY OF NEWPORT BEACH Marine Department September 12, 1988 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT; HARBOR PERMIT APPLICATION 115-503 BY LEN MILLER AND LAWRENCE LEAVITT TO REVISE THE DOCK BAYWARD OF 503 EDGEWATER Recommendation: If desired, approve the application subject to the following conditions: 1. Approval of the Army Corps of Engineers 2. Approval of the California Coastal Commission 3. Approval.of the City Public Works Department as regards plans and specifications 4. That the largest boat to be berthed in the westerly most slip be 50 feet maximum 5. That the largest vessel to be berthed in the easterly slip be 45 feet maximum 6. That any vessel berthed on the most easterly side tie must not extend beyond the easterly finger into the navigational channel 7. That the applicants must acknowledge that the land over which the existing and revised structure now floats is City fee property and not State tidelands, and that in the future it may be necessary for the City to charge a rental fee,for the use of the City owned land. Background: This permit 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 the City Council". `'he existing single U-shaped slip was 'originally bayward of 'a .ingle residence on two lots. In the recent past the old residence was removed and two new residences were constructed. The original single slip was made a joint dock shared by 501 and 503 Edgewater. To more adequately accomodate the two residences, the applicants are proposing a revision from a single to a double slip. The existing dock is adjacent to a relatively narrow navigational channel. However, navigation is restricted by the height of the footbridge onto Bay Island. During the three summer months the channel is closed to navigation to prevent a conflict between boats and swimmers on the adjacent public beach. The Marine Department feels that the revised structure will have about the same impact on the channel as the existing structure. Notice of the public hearing have been mailed to adjacent residents and the Bay Island Homeowner's Association. David Harshbarger Marine Director Tony , lum Tidelands Administrator COUNCIL MEMBERS p �A f L CALL Motion x All Ayes .,Motion z All Ayes • CITY OF NEWPORT BEACH MINUTES September 12, 1988 (C-2664), was presented recommending the City reject all bids received on August 24, 1988 for subject contract; direct the staff to reduce the scope of the park improvements portion of the project; and authorize the City Clerk to readvertise for bids for the revised project to be opened at 10:00 a.m, on October 13. 1988. The Public Works Director advised that the low bidder for the above project, Graco Construction, did not submit an addenda with their bid as required. However, the firm has subsequently submitted a letter indicating their willingness to perform the work for the price as bid, along with references of their qualifications. The Public Works Director outlined the options for Council consideration as follows: 1. If the City Council finds that the irregularities in the low bid are minor, the minor irregularities can be waived and the contract awarded to Graco Construction; 2. If the Council finds that the irregularities in the low bid are not minor, the low bid must be rejected; and a. The contract may be awarded to the next lowest responsive bidder. b. All bids may be rejected. John Gray, Vice -President of Graco Construction, addressed the Council and stated he was available for questions. Motion was made to waive the irregularities in the bid of Graco Construction. Motion was made to award Contract Ho. 2664 to Graco Construction Company in the amount of $158,632 for the construction of the Channel Park Restroom and other improvements. 3. Report from the Marine Department, recommending approval of HARBOR PERMIT APPLICATION #115-503. Len Miller and Lawrence Leavitt, subject to the conditions of approval listed in the Volume 42 - Page 353 Harbor I Apli# 11! (51) P COUNCIL MEMBERS J►Gpyy�� DIM I I I Motion All Ayes Motion All Ayes Motion All Ayes tIon Ayes Motion Ayes Abstain CITY OF NEWPORT BEACH " Ix 1x1xlII MINUTES September 12, 1988 staff report to revise the dock bayward of 503 Edgewater, was presented. Len Miller, applicant, addressed the Council and requested that Condition of Approval No. 7 be deleted, inasmuch as he felt it was not relevant to what he was attempting to do, and because he was not extending his dock into the harbor. He also felt that if Condition No. 7 was imposed, it should apply to other dock owners as well. Following discussion, the City Attorney recommended that Condition No. 7 be amended to read as follows: "That the applicants must acknowledge that the land over which the existing and revised structure now floats may be City fee property and not state tidelands, and that in the future the City may attempt to charge a rental fee for the use of the land." Motion was made to approve Harbor Permit Application No. 115-503 at 503 Edgewater, subject to the conditions of approval listed in the staff report, as modified above. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE VACANCY: Motion was made to confirm (District 6) Council Member Sansone's appointment of John'H. Anderson to fill unexpired term of Lloyd Backart ending December 31, 1988. 2. COUNCIL AD HOC AVIATION COMMITTEE VACANCY: Motion was made to confirm appointment of Robert B. Olds to fill vacancy left by Dorothy Hardcastle. Motion was made to confirm appointment of Dan Gilliland as Alternate Member to Bob Pendleton. Motion was made to confirm appointment of Bernard Pegg as Alternate Member to Robert B. Olds. Volume 42 - Page 354 i Hoc CITY OF NEWPORT BEACH COUNCIL MEMBERS • Motion x All Ayes .,Motion : All Ayes • MINUTES September 12, 1988 (C-2664), was presented recommending the City reject all bids received on August 24, 1988 for subject contract; direct the staff to reduce the scope of the park improvements portion of the project; and authorize the City Clerk to readvertise for bids for the revised project to be opened at 10:00 a.m, on October 13, 1988. The Public Works Director advised that the low bidder for the above project, Graco Construction, did not submit an addenda with their bid as required. However, the firm has subsequently submitted a letter indicating their willingness to perform the work for the price as bid, along with references of their qualifications. The Public Works Director outlined the options for Council consideration as follows: 1. If the City Council finds that the irregularities in the low bid are minor, the minor irregularities can be waived •and the contract awarded to Graco Construction; 2. If the Council finds that the irregularities in the low bid are not minor, the low bid must be rejected; and a. The contract may be awarded to the next lowest responsive bidder. b. All bids may be rejected. John Gray, Vice -President of Graco Construction, addressed the Council and stated he was available for questions. Motion was made to waive the irregularities in the bid of Graco Construction. Motion was made to award Contract No. 2664 to Graco Construction Company in the amount of $158,632 for the construction of the Channel Park Restroom and other improvements. 3. Report from the Marine Department, recommending approval of HARBOR PERMIT APPLICATION 0115-503, Len Miller and Lawrence Leavitt, subject to the conditions of approval listed in the Volume 42 - Page 353 Harbor I Apli#ll`_ (51) P COUNCIL MEMBERS p� G ROLL CALL y Motion All Ayes Fx Motion All Ayes Motion All Ayes tIon Ayes Motion x Ayes x x x x Abstain xl CITY OF NEWPORT BEACH xl xl MINUTES September 12, 1988 INOE staff report to revise the dock bayward Harbor P IAPli#115 of 503 Edgewater, was presented. Len Miller, applicant, addressed the Council and requested that Condition of Approval No. 7 be deleted, inasmuch as he felt it was not relevant to what he was attempting to do, and because he was not extending his dock into the harbor. He also felt that if Condition No. 7 was imposed, it should apply to other dock owners as well. Following discussion, the City Attorney recommended that Condition No. 7 be amended to read as follows: "That the applicants must acknowledge that the land over which the existing and revised structure now floats may be City fee property and not state tidelands, and that in the future the City may attempt to charge a rental fee for the use of the land." Motion was made to approve Harbor Permit Application No. 115-503 at 503 Edgewater, subject to the conditions of approval listed in the staff report, as modified above. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS EQA/CAC ADVISORY COMMITTEE VACANCY: Motion was made to confirm (District 6) Council Member Sansone's appointment of John'H. Anderson to fill unexpired term of Lloyd Backart ending December 31, 1988. 2. COUNCIL AD HOC AVIATION COMMITTEE Ad Hoc VACANCY: Aviatioi Cmte Motion was made to confirm appointment of Robert B. Olds to fill vacancy left by Dorothy Hardcastle. Motion was made to confirm appointment of Dan Cilliland as Alternate Member to Bob Pendleton. Motion was made to confirm appointment of Bernard Pegg as Alternate Member to Robert B. Olds. Volume 42 - Page 354 August 29, 1988 Mr. Tony Melum/Tidelands Administrator CITY OF NEWPORT BEACH Post Office Box 1768 Newport Beach, California 92658-8915 RE: PIER PERMIT APPLICATION A-1371 Dear Tony: As you requested, we contacted the president of Bay Island regarding the repair and improvements on our dock. We visited Mr. Lindsley last weekend and gave him a copy of the pro- posed plan and pertinent information. He said he would like some time to discuss the matter with some of the islands residents. We visited him again on August 27th, to follow up. Mr. Lindsfey asked that we convey the following information to you on his behalf. He stated that he had contacted some other residents and it is Bay Islands feeling that the work we propose to do does not in- volve Bay Island, and that they do not feel it is necessary to make any comment regarding the situation. Mr. Lindsley said you have permission to call him if you wish to. His number is (714) 675-2560. We appreciate your consideration and hope this satisfies your request. Sincerely, Larry and Anne Leavi LL/AL: tmw DATE- 0 MAYO 0 FIRE. TO: O COUN IL 0 GENERALSERV. 0 MANAGER ,LIBRARY 0 ASST. TO MGR. R< MARINE 0 EXEC. ASST. 0 PARKS & REC. 0 ATTORNEY 0 PERSONNEL BUILDING 0 PLANNING 0 CITY CLERK 0 POLICE 0 DATA PROCESS. 0 PUBLIC WORKS 0 DUPLICATING 0 PURCHASING 0 FINANCE 0 TRAFFIC 0 BUSINESS LIC. 0 UTILITIES FOR: ❑ AC ION & DISPOSITION ❑ FfLE u INFORMATION ❑ REVIEW & COMMENT ❑ RETURN REMARKS: FROM: l y O� SEW Pp�\ U ? �gtiFoaN`P CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Mr. Len Miller Len Miller & Associates 18121 Irvine Boulevard Tustin, CA 92680 (714) 644-3131 August 22, 1988 Re: Residential Pier - 501-503 West Edgewater Dear Mr. Miller: Since we have had difficulty in reaching one another on the phone, this letter will respond to the comments in your August 15, 1988 letter. First, this office is not involved in making recommendations to the City Council relative to residential pier permits. Therefore, it is incorrect to suggest that we would recommending any action on your application. Second, this office advises City staff on legal matters. We make every effort to avoid the world of administration and policy. If Tony feels more comfortable obtaining a Bay Island approval letter, that is his prerogative. Third, the question I was asked related to the ability of Bay Island to enforce a reverter provision in the deed granting to the City the "water lot" bayward of your property. In my opinion, the revised plan would not trigger a reversion and the Bay Island Association may have waived their right to enforce that provision. Our position on waiver is much stronger if the City obtains the approval letter sought by Tony. Finally, since the existing and proposed piers are constructed on City fee property, not tidelands, it may be necessary for you and the City to enter into a lease or license agreement for the property. From a strictly legal standpoint, the City should have the property appraised prior to determining appropriate lease or license payments. Also the City is prohibited by provisions of its charter from leasing waterfront property unless approved by the voters or unless the property was under lease as of the 3300 Newport Boulevard, Newport Beach effective date of the charter. We will be discussing these matters with Tony Melum in the next few days and he will communicate our position. Ver truly yours, ert H. Burnham City Attorney RHB/j c cc: Tony Melum August 19, 1988 To Whom It May Concern: RE: 501 - 503 W. EDGEWATER The contemplated dock re -construction and repair of storm damage will be inward, toward the sea wall of the existing facility. The modifi- cation will not extend any further into the channel and consequently will not impede navigation. Under the circumstances we have no objection. NAM 0 ADDRESS LARRY BARRETT MARINE SERVICE DOCKS, PIERS, SEAWALLS Office - 1605 Westcliff - 714-760-7129 Yard - 2804 LaFayette - 714-673-2310 Newport Beach, CA 92660 C. L. # A-540141 August 18, 1988 To Whom It May Concern: I hereby authorize Larry Barrett, with Larry Barrett Marine Service, to act as my agent in obtaining all necessary permits to re -design and construct a new float, pier and ramp located at 501 and 503 W. Edgewater Avenue, Newport Beach, CA. Propertyllwile 5 dgewater ewport Beach, CA 503. W. Edbbwater Newport B ach, CA Date Date NAME ���✓ LAQ►eYG�A i/t � ADDRESS OF PROPOSED FACILITY PERMIT # y e" fie f 3 TELEPHONE NO. F E DATE MAILING ADDREAS 1V S3G-t3a - -8 APPROVED BY: DATE APPL CATION IS HEREBY MADE FOR A_HARBOfR PERMIT TO OCHD - CONSTRUCT/REVISE A - AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF - ENGR u NEWPORT'_BEACH PERMIT POLICIES AND THE ATTACHED DRAWING COUNCIL wrll ) HY S L I F% S • COMPANY DATED es I --1 PUBLIC WORKS 1 - I D EPT. ❑ DATE ESCROW 'INSPECTION❑ SIGNATURE 1�/'y� ete e--- .C", �'��� a SPECIAL CONDITIONS: , �a CITY OF NEWPORT BEACH, CALIF. W% FORM 68-1010 4AL74.6` t3ftsS ' ''^Gi-£T3fl1 S.`i"S :X N ILLER AND ASSOCIATES August 15, 1988 Mr. Tony Melum/Tidelands Administrator CITY OF NEWPORT BEACH Post Office Box #1768 Newport Beach, California 92658-8915 RE: 501 - 503 W. EDGEWATER Dear Tony: Thank you for taking the time to re -review the plans for the recon- struction of our dock, with both myself and City Attorney, Mr. Robert Burnham. We have redrawn the plan per your request to eliminate the corner of the dock extending past the line of the existing pier. Accordingly, you have agreed to recommend approval to City Council with this change. Enclosed is our check in the amount of $260.00, which you indicated should accompany the plans. It is our understanding this matter will be on the Council agenda Monday, September 12, 1988. If any further information, documentation, applications or material is needed, please advise immediately as we are most anxious to commence construction as soon as possible. Sincerely, .r- Len Miller LM: tmw Enclosure cc: Mr. Robert Burnnham, City Attorney INSURANCE AND CONTRACT BONDS 18121 IRVINE BOULEVARD • TUSTIN, CALIFORNIA 92680 • 714/544-4226 N WAE LLER AND ASSOCIATES August 15, 1988 Mr. Robert Burnham/City Attorney CITY OF NEWPORT BEACH Post Office Box #1768 Newport Beach, California 92658-8915 RE: 501 - 503 W. EDGEWATER Dear Mr. Burnham: Thank you for taking the time to meet with Tony Melum and me this morning regarding our dock reconstruction. The plans have been redrawn to be in the line of the existing pier (per attached). Hopefully, all details have been accomplished and the matter will be approved at the September 12, 1988, Council meeting. If you have any further questions or suggestions, please advise as soon as possible. Sincerely, Len Miller LM: tmw cc: Mr. Tony Melum Tidelands Administrator INSURANCE AND CONTRACT BONDS 18121 IRVINE BOULEVARD • TUSTIN, CALIFORNIA 92680 • 714/544-4226 l F. (Contd.) BA-016, $62,938.04 - Tide and Submerged Land. BA-017, $217,230.78 - Contributions Fund. BA-018, $208,528.80 - Building Excise Tax Fund. BA-019, $73,126.02 - Water Fund. (c) BA-020, $1,000 - Transfer in Budget Appropriations for additional work station for City Attorney's computer system; City Attorney Fund. BA-021, $14,810 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for refuse transfer station, funds that were inadvertently omitted from the Capital Improvement carry-over list; General Fund. BA-022, $270,000 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations and Increase in Revenue Estimates for Bayshores Community Association donations toward construction of Sound Wall plus City's share of project; General Fund. BA-023 (Refer to agenda item D-4) Action: If desired, move affirmative action of the Consent Calendar, except for those items removed. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: Full Vote---- 1. F-10(a) As requested by Council Member Strauss, staff to submit information on Coastal Residential Development Permit No. 9(Amended) prior to Council Members receiving Agenda packets; agenda action to schedule public hearing for Regis Contractors, Inc., on September 26, 1988, as listed on page 10 of the agenda. Full Vote----- 2. F-14 Construction of Restroom and other Improvements at Channel Park - Waived the irregularity in the bid of Graco Construction Company, and awarded the contract to Graco in the amount of $158,632. Full Vote ----- 3. F-15 Approved Harbor Permit Application #115-503, Len Miller and Lawrence Leavitt, subject to conditions as modified, to revise dock bayward of 503 Edgewater. H. ORDINANCES FOR ADOPTION: None. - 13 - SPEAKERS MUST LIMIT REMARKS TO FIVE MINUTES ON ALL AGENDA ITEMS. F. (Contd.) 11. RESUBDIVISION NO. 866 - Approve a subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 866 (located at 1400 Dove Street and Newport Place Drive, in Newport Place Planned Community); and authorize the Mayor and the City Clerk to execute the subject agreement; and approve a subdivision agreement guaranteeing payment of 1/3 of the cost of the traffic signal at the intersection of Dove Street and Newport Place Drive if traffic warrants are met within five years from time of occupancy. (Report from the Public Works Department) 12. CANNERY VILLAGE STREET LIGHT ASSESSMENT DISTRICT - Direct City staff to abandon the establishment of an assessment district to construct street lighting within the Cannery Village area. (Report from the Public Works Department) 13. BAYSHORES COMMUNITY SOUNDWALL (C-2574) - Approve the plans and specifications and approve a budget amendment (022) for additional funds in the amount of $270,000; and authorize the Mayor and the Qity Clerk to execute a cooperative agreement with Bayshores Community Association and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. on October 13, 1988. (Report from the Public Works Department) 14. CONSTRUCTION OF RESTROOM AND OTHER IMPROVEMENTS AT CHANNEL PARK (C-2664) - Reject all bids received for Contract No. 2664 on August 24, 1988; and direct the staff to reduce the scope of the park improvements portion of the project; and authorize the City Clerk to readvertise for bids for the revised project to be opened at 10:00 a.m. on October 13, 1988. (Report from the Public Works Department) 15. HARBOR PERMIT APPLICATION #115-503, Len Miller and Lawrence Leavitt - Approve the application, subject to the conditions of approval listed in the staff report to revise the dock bayward of 503 Edgewater. (Report from the Marine Department) 16. SPECIAL EVENTS PERMITS - Approve, subject to conditions listed in the staff report, the following applications: (Report from Business License Supervisor) (a) Application #87-548 - Temporary road closure at Cliffhaven for Harbor Heritage Run - 2K & 5K by Harbor High School P.T.A. on Saturday, October 15, 1988, 6:00 a.m. to 11:00 a.m. (b) Application #88-055 - Temporary road closure at Backbay Road for 8K foot race by Parks, Beaches and Recreation on Saturday, November 5, 1988, 8:00 a.m. to 10:00 a.m. (c) Application #88-261 - Temporary road closure at Backbay Road for Heart and Soul Classic bike ride by American Heart Association on Saturday, October 29, 1988, 8:00 a.m. to 9:00 a.m. SPEAKERS MUST LIMIT REMARKS TO FIVE MINUTES ON ALL AGENDA ITEMS. UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name, addramand.Zlf Cade In the space below. *Complete items 1, 2, 3, and 4 on the reverse. u Attach to (Pont of article If space permits, otherwise affix to back of article. • Endorse erdole " Naturn ReeeW Requested" adjacent to number. . psi U.S.MAIL aa�wo a PENALTY FOR PRIVATE USE. $300 Rr:TURN Print Sender's name, address, and ZIP Coda in the space below. 7'O "ram MARINE EWPO CITY OF N 3300 NEWPORT BLVD• P.O. BOX 768 1 unua••"•uc�i G9Z6S68l� -, \..V' ENDER: Complete items Land 2 when additional services are desired, andcorttplete items atid4. L your address in the "RETUI V TO" space on the reverse side. Failure to do this will prevent thi3 card from being returned to yqu.. The return recei t fe ill rovida ou he nil a of the. ersp delivered to and the date of deliver .,For additional fees the follovving services are available. Coflsult postmaster for fees and check ox es)':€br:additional service(s) requested. 1. ❑ Show to whom delivered, date:and addressee's address. 2. ❑ Restricted delivery. 3. Article Addressed to: x _1._,_ Lawrence Leavitt 503 Edgewater Balboa, cA 92661 7,V Date PS Form 3811, Feb. 1986 P 512 972 770 Type of Service: ❑ Registered- Insured ' Certified � COD Express Wil Always obtain signature of addressee or agent and DATE DELIVERFrl requested and fee DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SER A� C GFF10lAL RUSIH►ESS . Q P M ' SENDER INSTRUCTIONS 7- Print your name, address, and ZIP a OCT �v 1 in the space below: %v • Complete items 9, 2, S, and 4 or}.'..' 9 $ a i� 0 the reverse. o Attach to front of article if space permits, otherwise affix to back of article. o ,ive aatlsle "Return Receipt Requested" adjacent to number. ELEBRATE ATIONfAl OLLE CTOS PENALTY FOR PRIVATE USE, $300 RETURN Print Sender's name, sddress, and ZIP Cade In the space below. TO MARINE DEPARTMENT „! W CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. P.O. BOX 17613 NEWPORT --- 40 SENDER: CoJnplete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in &, "RETURNS TO" space On the reverse side. Failure to do this will prevent this card from being returne3-teyou.-The return receipt`f_ee will provide yQu-Ihe nerve Hof delivered to and the date of delivery. For additions . ees.t ®o owing se ' ces ate ava a e. (t postmaster for fees and check box(es) for additional service(s) requested. 1. ❑ Show to.whdm delivered, data, and addressee's address. 2. ❑ Restricted Delivery. 3. Article Addressed to: .4: Article Number P-512 972 771 Len Miller :. Type of Service: 501 Edgewater Balboa, cA 92661 ❑ Registered Insured Certified 8 coo Express Mail Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature — Addressee X 8. Addressee's Address (ONLY if requested and fee paid) gnature — Agent X 7. Date of Delivery PS Form 3811, Feb. 1986 DOMESTIC RETURN RECEIPT P-512 972 770 _ INS N URs.NCE NV, �E FRO�i;i;c� flU .lr: 0i fN INTERNW,Gr' AL NtA! ('See Re'✓erne;" Sent to Lawr'ence'Le-avitt I' Street a N .�d0J- -Edgewater P O.. Slate and ZIP Code i v !_ BalboacA_ 92661 Postage2 5 S —j -----------j - -- Cerb,ficd Fee I I Special Delivery Fee I Restricted Delivery Fee L— - Return Receipt showing to whom and Date Delivered Return Receipt showing to whom, Date, and Address of Delivery TOTAL Postage and Fees. S � 1 o Postmark or Date 00 E 0 LL rA a P,5978- f71 `.-ECLIP i FOR . ..-.CERTIFIES MALI NO INSUtjANCE COVERAGE PROW.U.0 NOT FORIN tRNATIONALa L (See Reverse) m Sent to Len Miller Street and No. q 50g�water a P.O.. State and ZIP Code q alb 2 1 vi Postage � c Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing 00 to whom and Date Delivered 00 A Return Receipt showing to whom, - Date, and Address of Delivery ty 3 TOTAL Postage and Fees 5 0 Postmark or Date 00 co E LL- a TO: "OlwyF RE: • AuPINl I OFFICE OF THE CITY ATTORNEY September 13, 1988 Wanda Raggio, City Clerk Robert H. Burnham, City Attorney Len Miller and Lawrence Leavitt, 503 Edgewater Harbor Permit Application 115-503 On September 12, 1988, the City Council approved Harbor Permit application 115-503. The permit was approved subject to certain conditions. These conditions are outlined in the report from the Marine Department, but the City Council amended condition number 7 to read as follows: 1. "That the applicants must acknowledge that the land over which :the existing and revised structure now floats may be City fee property and not state tidelands, and that in the future the City may attempt to charge a rental fee for the use of the land." Please insure the minutes of changes. By copy of this Memo, Miller and Lawrence Leavitt) changes made by the Council. the Council meeting reflect these I have advised the applicants (Len and the Marine Department of the R ert H. Burnham ty Attorney RHB/j c cc: Tony Melum, Marine Department Len Miller Lawrence Leavitt W.F�Af�My p M.AppgEfJ OF Ff�l�l IL1�YI�FI PERMIT Wf1 FlI��hCK�i MAILING ALMS ? - _. TELEPHOTrtNO. FEE [CHECK NO. DATE - I�T �CALIFUIIA 92661 y73-6541 APPROVED BY: § DATE - �py�pTpL( IONL�J,$��F Ep��y�^�(AADE„�Q.�T�j�f.�FES,F,�RBOR PERMIT OCHD VITA, tLt1L �u u.LWr.��Lnn nJ ��IW`j%w��.J WLL! ❑ ERS' NAME(SJ BUYERS' NAME(S) - - ENG (ABOVE NAMES TO BE TYPED) COUNCIL SIGNATURE OF SELLER SIGNATURE OF BUYER PUBLIC WORKS DEPT. _ ESCROW SIGNATURE OF SELLER SIGNATURE OF BUYER - - - INSPECTION SIGNATURE OF JOINT OWNER - APPLICATION APPROVED (DATE) . I CITY HARBOR COORDINATOR SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. CITY OFsNEWPORT BEACH, CALIF. Wx FORM 66.1013 REV, questions as follows :'.:.- Tii 10.;�00 a 00 a.m. Date: Friday Tebruar' 2 Y' & Friday, March 1, 1985 LOCATION::'_ City Council Chambers 3300:-Newport Blvd., Newport Beach, CA1. Should you be unable to attend thesemeetings . or have any ques- tions., inquiries may be made -to Bill Brown, Safety & Insurance Administrator at (7,14) 644-330Q. important `to note that your. enrollment 'fo'±Mmust",_bd tddekv_e`d 00 May 1, 1 . MS. Fa­Iluro;to�._ by by 5. p.m., comply will result in your being ineligible to participate in the Plan thereafter. Please review the enclosed material -very carefully.. It is hoped that you will participate in this, new benefit. Sincer Brown Safety, & Insurance Administrator 3300 Newport Boulevard, Newport Beach- 6/23/86 . Regarding the 'confusing `a; gnatures Mary._Ann Miller returned my. call. Leonard & Mary.Ann Miller -own 501. They are not sellers or buyers, but are joint owners of the dock. 503 is property being sold. New buyers are Ann & Laurence 1eavitt. (Frank La Lanine.(sp?)-was former owner.add seller, BUT property was repossessed. by South Coast..S&L which subsequently went broke. Then FDIC came inrand took it.over,-selling it to Leavitt) LOCATION STATUS SHEET HARBOR PERMIT TRANSFER PERMIT N0. Seller Buyer_ Date Application Received: Date Fee Received: Request for Inspection made by: Escrow Co.---- Date Escrow Officer Escrow No. Address 7 �°� r Phene: Date Inspection made: Deficiency Letter sent: Deficiency corrected: Transfer completed: Date Inspection: 1. Locati 4. Structural: a!- 5.OTHER• ..�-r..a tirWI L REMARKS: Inspected by. 9. Wj ate. r J i °sLawd '� I i ®q6 ®�q> \ ee�6..o ®O,® PYiP Sri �•� �� i� VICINITY SKETCH WQWPORT SAY, CALBFORNkAA�w u ..4-T. AC.v6 dS bNnm..,C ACALQ � L' .SP�'r✓r7�iisyPr.3' vr� �o^�r�s 3�� rs� f��� r-rvar> .�,®�►o/'c ri%l�th,� b--I WV "C ae7 L OVVW,-' oe rs J P/®Pc�r' nLlo ri. 9;� rn .^oncae� oe�' fic% ��aeri-o a i c+f e�F� /® As /.FIL s�c/ior, o� i1/��rc+r�rP �agr. - - --� - . . S /� •F , . �; '� /r /✓n/.,`` roc• ���= i ;U�,;.�P�fr�� �� p _ • �:.,.xi..dpe; u:aecl.�M. L+�",� �',�..�. mow•. . :::'; .- -.r A_ .. ,a:r.w: 'ts.......,....�.� - -�. H- �-.:'_:i:o'vAa� P . P ✓��17 �' __.-.-,' P t i .P`fir'G"ii _, r ',` d / ��1; C ...; i�: i!`.% _ _ a,r ,.4 X,� � '� jlf�` i : F' GJ r y i �f ri y i / N"- -., XA p yea �. ■p s �¢h'mu� rs s'sa",gxa,�m�em r1 �in.--- p ;r CITY OF N EW POR I BEACH V S ��ti FoaN�r June 18, 1986 Bank of Los Angeles Attn: Anna Lowry 9601 Wilshire Beverly Hills, CA 90212 Dear Si r: The City.of Newport Beach has received an application to transfer pier permit # 113-503 for the property located at 501 & 503 W. Edgewater, Newport Beach, California. The structure was inspected on 6/18/86 at which time it was determined that the following deficiencies exist: 1. A City -approved anti -syphon device is required at the water connection to the pier and float 2. Electrical outlets need repair; there is one cracked outlet, and one outlet that is burned through. 3. 4. 5. In accordance with Section 10-D of the City Harbor Permit Policies: "All structural deficiencies must be corrected......", it will be necessary for these to be corrected. A permit for any electrical or,. plumbing work must be obtained from the Building Department.of the City. All other work requires a Harbor Permit. Please advise this department when the above deficiencies have been corrected. Another inspection will be made, and if the deficiency is solved; it will then be possible to transfer the pier to the new owner. If you have any questions, please contact me at 644-3044. Thank you for your cooperation. Sincerely, Copies to Miller/Leavitt , 503 FDIC, 3333 Michelson W. Edgewater Dr., Irvine.92714 Tony Meldm, Tidelands Administrator cliv I Lill - 3300 N(-wi)()ri Ncw port Beach. U-11il►►1-11ia 92663 s �F W POST e CITY OF NEWPORT BEACH U = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 eei cyc, FoaN�P June 16, 1986 Len Miller 18121 Irvine Blvd. Tustin, CA 92680 Re: 505-507 West Edgewater Dear Mr. Miller: Please accept my apology for failing to respond in writing to your letter of March 20, 1986. We have been in contact with Mr. Oppenheimer by telephone and through several pieces of correspondence, in an attempt to resolve several of the problems you point out in your letter. For your information, I am attaching a copy of my most recent correspondence to Mr. Oppenheimer. We will keep you apprised -as we attempt to resolve the problem in your area. If you have questions please call me at 644-3044. Very truly yours Tony Pie um Tidelands Administrator TM:db Attachment TM:db 3300 Newport Boulevard, Newport Beach PERMIT NO. DREDGING APPLICATION. Project Location: 501 Edgewater C,abic Yards to be Dredged: 150 Method of Dredging: ,,,, Nature of Dredged Material: Disposition of Dredged Material: pi�+elire trg„anort to beach reclamation Top_ .Method of Material Disposition: _pipeline transport T•,:rbidity Control Method: RPc�•,r P rii a�har�a { +� feet of dredging on contiguous bulkheadirg and beaches Reinforce/protect bulkhead-restors sand to devleted beach I, Mark Sites hereby state that I have read the U. S. Army (print name) Cor s of Engineers permit for maintenance dredging in ewport Harbcr, t.e City of Newport Beach and Orange County Ha_bors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accep= all the provisions therein. Additionally I guarantee that the proposed dredgi.nc will not occur because of any altering'of existing use of the affected zone. Len Miller Tr,tr��nflvt�l n,•e�si.,� (Applicant -type name) (Contractor -type na:rz) 6 /1 4 /8 6 (Date) Signed: _ Contractor's Representative C/ T Y o�' /VE�rfpo.Pr BE'Acfy Jo'---� .� .0 .\ �i P.�IL� er w� /f•Of c -r-------------- re � Q - 0 Af c .v ,....�..r mot, <' p /t "Sa •f.r 0 IAL.OA D r �lL/40 C.I. r. VIC.i NJ1 TY SKE,TCH w..rMnr N.waowr DAY CAC IFOUP41A f • /flrr f 5'oeln01jn95 or• e,Ap.,Cssed in /se/ ond. r4cnol, S dPp"As below Maoi1 Lover Low Wotor. �L1ori...ciia ronge of l�'de OpPru�cf•n0��/j' /O /oci Narboi i,neS are eaiob/f'Shrd in Y"h:s secffor of Newpw/ 8or Pam- Li�P • ('�% � - d t� L_rL`�--� fire r Li �3.. /K/,e.. o/ E/ I �"� a k/ie Ter ,�✓G . 30' 3g /09 /off LPh 14-li•/%r a DOPESs : D/ Z,71e7e' we-2-ramr- L oT 106 g,B Ar Co A'7,gA C OA. L .SD' � 1 1 n H 4OA7- - 6 b- f -Y of NEWPORT BEACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT ANC 1MA4NTAIN THE FACILITY SHOWN ON TH:i REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE P14OVISIONS Of THE HARBOR PERMIT POLICC ES OF NEA13 PORT REACH ANI ANY SPECIAL CONDITIONS LiSTLD Id ,553CEy. THIS PEFtFI V IS NOT TRANSFERABLE VVV*'Tj4?, 3U ' T%E AL'-l-:TEN CONSENT Ok THE CITY H3',.p8Oft CCL'd 2? %ti rhi 3r2 ©'2 CITY COUNCIL. TIVa RIGHTS GIVEN UNDEn THIS PER —MIT PF-rmi:,SLVE ONL1 AND THIS PERMIT MAY LE uY-:`t'•:: CITY COUNCIL 1N ACCORDANCE WITH i1TL9:�17THE r-"W CkPAL CODE. CITY HAR-8 R DINATOR PERMIT NO.. ,. _PATF SPECIAL CONDITIONS: CorPS Of Engineers Permit Orange County Permit PERMIT ISSUED SUBJECT TO DI'!:-:DrzE MATERIAL BEING , � ',.'LED TO SEA FLACED ON LEACH I j !1 4.`- `G a, - U� Ul-e- �L ,cos ((nA/ CI&I//- qo6?V I�ILI .- l K-M Vtkv�Q4 m6wPTVI R-D . a)x l -761i NA5L UWI , C� u�2 ��� ,�-t �S any; /�c�� ��� � F � i C., �U �=r✓��2e�-I' r7( lJS �?t2c� U t U S cm i Twx T1-c 10 Get=.c 6— '--'AC C)uONkL-sLS-ftP DP MIZ L)C)(,K PC2Ofl rT -i(S SCP N Ili Cr jltr: ADC+. (L r 1� � p �u wl L v iS s{�u; � � �- � � r �A�v►� P (L� ,P ��-�( D��,� �.��2� h WS P)L-,OQ gyp, ; �-- -�-ttF7 S f X �40V-� C114-7cl- tct S ,�-) 0() c V-- r-can F-0 (L- -n,- r— p)' T- `'I,ti o--Li . cFFcc CJr3) c! 3S`F LAl walk ,'CG U--- kUiFl- WII.SW -.000, • IL 3 i . • zo It SC O$ 0 4-, � I. /y,� Q�+Y3/d Q J� a to lb w to J' _ T- 4C . 4d . I c 3f 1° L�IM 3 9 a 'M LLJ Z Lij Q j ,2t;z-- j J O a 0 O Sol `' O 3 <_ sap' --.>I V-- ssp w, �DGEWATE K E c 0 So, U Sms O PO _i a J 0 4 F y - � R ,® SEAWALL � (gbULK erA P) 44 1 ,i► \ �\ w f e ALTC1e1V.,..J 7 4L= LDG/a r IOIV c r SECURITY PACIFIC NATIONAL BANK Costa Mesa OFFICE 196 E. 17th Street Copts, Mesa,. - CALIFORNIA DATE September 7, 1979 City of Newport Beach City Hall ESCROW NO. 174-4485 3300 Newport Boulevard Newport Beach, Ca. 92663 L Attn: Tony Melum J Enclosed please find signed application to transfer Harbor Permit. Fee of $165.00 was received from Frank Lalainen on August 29, 1979, for permit #113-503. Sincerely, Helen Hawthorne, Sr. Escrow Officer HH/lk 028001 12-76* too toy Escrow Department Letterhead CITY OF NEWPORT BEACH MARINE DEPARTMENT June 23, 1980 TO: MAYOR AND CITY COUNCIL ITEM NO: H-12 FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION NUMBER 113-501 Recommendation If desired, approve the maintenance dredging application. The application requires City Council approval under the conditions of approval placed on the City of Newport Beach general permit for maintenance dredging issued by the U. S. Army Corps of Engineers, on February 12, 1974, and subse- quently amended on May 10, 1977, to allow beach restoration. The location and applicant for the proposed dredging project is: 113-501 501 Edgewater Len Miller The staff has reviewed the project and has determined that the work will be done within the parameters of the Corps of Engineers permit. The dredging con- tractor will place a filter screen around the discharge site to control turbid- ity. There is no known eel grass in the vicinity of the project. The dredged material will be hauled to sea and dumped. D. HARSHBARGER, DIRECTOR MARINE. DEPARTMENT Tony Melum Tidelands Administrator TM: ak y. C/ r Y _ T Cow eoih //l•!J• '� o o yr P,ft •pw�M R 0 /wtloA D /ja A.Vp - .OJ O.DO �t.i.W. iO �. 4 •s& OQ !1 —_�- /+a pa f eon �Kt * c.f.• a 0 cOSi —( t',y—doe ° VICI M1 TY SKETCH wf`r Jsrrr e+.r NIFwooar 8AY CAt Icoa► IA y / i .rtrrr Soc/ndin 95 ors e.roiersod /n Are/ ono' dipole ole)p 5 below Moor/ Lower Low 1,/o{ter. ron9e of ��•de OpProX/rqp��/y /O:s'Q� Norbor /.i1eS �h:s ore es�ob/r•shed ii� sec�ron of NdwPorf Bor (l 20' ESL II '4 J ✓ 7 moo' LI`�� E�e w� ram. ✓e. 30' 30' /07 gyp` /Oe— LPrJ ./ a ej DOQESS • SD/ EZ waT�r /o,S al LaT1 CoW-RA PERMIT NO. &_S'_P/ Project Location: DREDGING APPLICATION 501 Edgewater Cubic Yards to be Dredged: 200 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Haul to sea and dump at Latitude 33°31142"N, Longitude 117°54'48"W Method of Material Disposition: Barge to sea Turbidity Control Method: Material to be contained in Dump Barge at dredge site. Effect of dredging on.contiguous bulkheading and beaches None I, Wm. L. Harris , hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. Len Miller (Applicant -type name 5/26/80 (Date) Shellmaker, Inc. Contractor -type name) Signed: Co tractor I s Representative /1 e� voaer -.4cN 21 R .00 3:1 Slope FAJW�A m S ITe �Lor to<h N)o!j' " 0 O �o o i� ', N t vv o"e 0 Owc�oA N /r�A.yp ,o !1 •I o' ���- /wc oo ••tide Q 7 N P.tt• v Cote ei, C,t- i ti a V I C I M I T Y SKETCH`Af, NtwvOgr 5-AY Cq( IFORNlA • isrrr Sound/n95 o.I e.cpicr-sead /n feel and d�no/• o'QpYA5 be/ow Meo.? Lor✓Cr Low Wolerr. tilor/...ci.,. ron9e of l�'o% oPprvx/nn0>'t�y /O Yeel Horbor /.neS Qre cs/ob//'shed in Phis secrs.on ol'NewPvrf 60� � 21n 4? L -n- - - Li � ys /op /off /07 god /off ✓$a A90ez-sS .� D/ ��9� r✓ciT�r d D Qj H m B Lc�P� CoA-'7,4ACTOA �/��/�i�uAelr 4:1.4rE��2G�/e'�. CITY OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, A: THE .SITE INDICATED, SUBJECT TO -mE PE40VISIONS OF THE HARBOR PE73R:'IT PGLICXS OF N-SIJPORT BEACH AMC ANY SPECIAL CG(,D'&" IGNS 1_'.ST-ED I-23-'Et. R. TRw S PERMIl iS NOT TRANSF£RACLE VV*.. sj �L a 'E WY EH CONSENT Of 1FIE C33Y HARBOR G "TV COUNCIL. THI t?IGHTS GIVEN UNk�.?? " iII',v' POE-R K Y AN'4- PERMHSSIVE ONL) AND THIS PEPMIY MAY UE REVO,14L-- + BY 28.1E CITY COUNCIL. IN ACCORDANCE WITH TITLE 17 OF THE 61UNI-CIPAL CODE. PERMIT NO. CITY HARBOR COORDINATOR DATE SPECIAL CONDITIONS: >arps of Engineers Permit j -io -7 7 U Inge County Permit other l c?, 2 6 - ;; 3 -�D e CITY OF NEWPORT BEACH August 29, 1979 Mr. Frank Laulainen 503 W. Edgewater Newport Beach, CA 92661 Dear Mr. Laulainen; The Harbor Permit Policies require that prior to a transfer of a Harbor Permit an application be completed that includes the signature of the current permittee. It is my understanding that you now own the property at 503 Edgewater and are also acquiring the property at 501 'Edgewater. It is also my understanding that you are not able to get the signature of Mr.r Fred Wallace, who is the cuerenV permittee, because he is out of the country. Since after the acquisition of.501 Edgewater, you will -be the owner -of all the uplands connected to the permit.. The permit should. be in your name. Therefore, if you can prAvide-this department with documentation indicating: 1. That you now own 503 and 501 Edgewater. 2. And the reason why Mr. Wallace is not.available for signature.. We will, upon completion of the application card, in as much detail as possible, and receipt of.the application fee, transfer the pier permit into your name. Sincerely, lee e Tony Melee Harbor Inspector TM:mw City Hall 4 3300 Newport Boulevard, Newport Beach, California 92663 _CALIFORNIA Cq<'FppN`y, City Hall 3300 w. Newport Blvd August 17, 1979 Area code 714 640-2156 SECURITY PACIFIC NATIONAL BANK 196 East 17th Costa Mesa, CA 92627 Escrow No. 174-4485 Dear Sir: The City of Newport Beach has received an application to ` transfer pier permit U 113-503 for the property located at 503 Edgewater The structure was inspected on 8/16/79 at which time it was determined that the following deficiencies exist: 1. Electrical outlet at.float.needs waterproof cover. . . 2.. i. i 3. 4. G. 5. In accordance with Section 10-D•of the City Harbor Permit Policies, "All structural deficiencies must be corrected...." A.permit for.this work must be obtained from the Marine Department. .Would you please advise this department when -this requirement has been met. If you have any y questions, please:contact.me at ' 640-2156. Thank you for your cooperation. Sincerely, Tony Melum Harbor Inspector Marine Department • i TM; 11 STATUS SHEET HARBOR PERMITS TRANSFER LOCATION PERMIT # 113—Pli Seller !� ;° � da Buyer lolo 1.�v`nent Date Application Rec'v: Date Fee Rec'v: Oral Request for Inspection Escrow Co. 4r�`f Date —/,S � f'� T:?C Escrow Officer Escrow # 177g� 6jl,? 6A,-%SDate Inspection Made Date Deficiency Letter Sent (if applicable) Date Deficiency Corrected (if applicable) Date Orange County Notified (if applicable) Date Transfer Completed 1. Location: e 2.. Plumbing: y — ®4�'- 3. 4. Structural:V1` REMARKS: Inspector's Initials MARINE DEPARTMENT September 22, 1975 ITEM NO.: H-11 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATIONS FOR MAINTENANCE DREDGING PERMIT NUMBERS 113-301 and 153-213 RECOMMENDATION If desired, approve the Maintenance Dredging Harbor Permit appli- cations. DISCUSSION These applications require City Council approval under the conditions of approval of the City of Newport Beach "blanket" permit for main- tenance dredging issued on February 12, 1974, by the U. S. Army Corps of Engineers. The location and applicants for the proposed maintenance dredging are: 113-301 Mr. Nelson Robinson, 301 Edgewater Avenue 153-213 - Mr. James Paddin, 213 E. Bay Front, Balboa Island The staff has reviewed the proposed dredging and has determined that the work to be done is within the parameters of the Corps of Engineers permit. There is no anticipated adverse affect on proximity beaches or contiguous bulkheads. Shellmaker, Inc., the dredging contractor, will minimize turbidity as much as is possible and will barge the dredged material to the Environmental Protection Agency's designated disposal site, four miles at sea. G1 n E. W&den Tidelands Operations Coordinator Marine Department GEW:lf CITY OF NEWPOR'T ]BENCH CALIPOkNIA cq ,Foft TO: Santa Ana Regional Water Quality Control Board 6833 Indiana, Suite 1 Riverside, CA 92506 Gentlemen: The enclosed permit drawing application(s) is being sent for your information in accordance with conditions of City Hall 3300 W. Newport Blvd, Area Code 714 673-2110 approval under the U. S. Army Corps of Engineers "blanket" permit for maintenance dredging issued to the City Of Newport Beach on February 12, 1974. The City Council of Newport Beach will hear the application at its September 22, 1975 meeting. If you have any questions regarding this application, please contact the City of Newport Beach, Marine Safety Department at (714) 673-2110. R. E. REED, DIRECTOR MARINE SAFETY DEPARTMENT Glen E. Welden Marine Affairs Aide IGEW : l f cc: 113-•301, EPA, BSFW, D of F & G. V r- U r) No c)PEDGING PROFILE SCAL:-:: U.S. !G-' U.S. A Ls-E U.S. 5T I �rjv T O L D T P I E E wp 7- c c B A Y PIES OCE AN 2 is 'CALE IN MILES VICINITY MAP NEWPORT HARBOR, CALIFORNIA r\v loo C. L it C T LOT D A T E 0 ri T R A C, T O'� r or I,4r-vVNOH I BEACH 101. 20' 26, PIER!-c`A✓ LINE rlL-I-w 010 I1 �CISTING II �P+OUNb .I • �'i��Tf: !9 T O - PPoJECT SiT�, -, PIE �EwP PIED BAY OCr-� N ISCALE IN MILES PROFILE (VICINITY MAP SCALE:I°=90' ,NEWPORT HARBOR, CALIFORNIA ADJACENT SLIP, V.5. ICQ I' U.S. PRO.-C7�, �5 1P14v1• � I xl8 STt•JG 5Ji K -�14G ISLA.-J ID 05"') --O sozO ;Zo !CO APPLICANT.S 4--l1 °•-�L 177 TRH CT ?` F, c %", ^2. L OT 1'?1. (C0INTR.ACT0R ,^ pATEB, ;�'� CITY OF NE PORT 9EAdP IRAIRMOR PERM IT PERMISSION 15 HRUIRFIFtY CqArlT,--D TO C,'i,DIUUFUCT AP41 MAINTAIAll TF2,-',F—,' AT THE SZ-72- P'. z-Z, 5 3 THE HARD%�Rl Vl'll::,. 1A C TA A.,; ANY SPZ:C,,'4.L C A: & AND Til.;.15 57 Slob SPECIA' L Corr's 01 crang") curunly 014ar 0e2,-,e-- - /' 'i- clwl qvu� -7 69 t � CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT APPL I CATII,'ON.,_ f-,OR,''VAR84R PERM I"T DATE , 19 �E CITY OF NEWPORT BEACH CALIFORNIA GENTLEMEN: APPLICATION IS HEREBY MADE FOR PERMISSION TO INSTALL A PIERv RAMP AND SLIP TO REPLACE THE EXSISTING (APPLICANT WILL DESCIAt,I•BEiFiERE ._FULLY": WRAT I HE :W;ISHES+ITO' DU::ANDI,PU'R-POSEOOF<) I MPROV..EMENT PIER AND SLIP TO PERMIT THE MOORING OF MY NEW BOAT AND. SOLVE THE PROBLEM OF THE FLOAT GROUNDING AT LOVE TIDE. ADDRESS OF. PROPOSED WORK" 503 WEST EDGitATER APPLI-CANT IS OWNER OF LO•T 105 & 106 t "BLOCK Sub of � � TRACT East NAWpOrt THE UNDERSIGNED AGREES.TO DO THE WORK IN ACCORDANCE WITH THE RULES) REGULATIONS AND SPECI- FICATIONS AND SUBJECT TO THE INSPECTION AND APPROVAL OF THE CITY OF.NEWPORT BEACH AND ACKNOWLEDGES THAT THE.APPLICATI-ON AND PERMIT AIRE SUBJECT TO THE GENERAL PROVISION FOR HARBOR PERMITS ON THE REVERSE SIDE HEREOF AND TO ANY SPECIAL CONDITI NS IPIIPOSE . CONTRACTORS Trautwein Bros., Hale Field' REC'D FEE$ SIGNATURE OF APPLICANT CHECK N0. ZO DATE 503 West Edgewater FROM L MAILING ADDRESS Balboa, California, OR1010 3-2174 PHONE APPLICATION SHALL BE IN DUPLICATE- N0. - 13 // /\ GENERAL PROVISIONS FOR HARBOR PERMITS I. ACCEPTANCE OF PROVISIONS: IT IS UNDERSTOOD AND AGREED BY THE PERMITTEE THAT THE DOING OF ANY WORK UNDER THIS PERMIT SHALL CONSTITUTE AN ACCEPTANCE OF ALL OF THE PROVISIONS. Z. PERMIT FROM OTHER AGENCIES: THE PARTY OR PARTIES TO WHOM THIS PERMIT IS ISSUED SHALL, WHENEVER THE SAME IS REQUIRED BY LAW, SECURE THE WRITTEN ORDER OR CONSENT TO ANY WORK HEREUNDER FROM THE U.S. CORPS.OF ENGINEERS OR ANY OTHER PUBLIC BODY HAVING JURISDICTION, AND THIS PERMIT SMALL BE SUSPENDED IN OPERATION UNLESS AND UNTIL SUCH ORDER OR CONSENT IS OBTAINED. 3. TRANSFERRING PERMIT: THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY COUNCIL OF THE CITY OF NEWPORs BEACH. . INSPECTION: THE WORK SHALL BE SUBJECT TO THE SUPERVISION AND APPROVAL OF THE PUBLIC WORKS DEPARTMENT, THE PERMITTEE SHALL NOTIFY THE PUBLIC WORKS D•'rPARTMENT AT' LEAST 3 DAYS IN ADVANCE OF THE DATE WORK IS TO BEGIN AND BEFORE ITS COMPLETION. 5. PROTECTION OF TRAFFIC: ADEQUATE PROVISIONS SHALL BE MADE FOR THE PROTECTION OF THE TRAVELING PUBLIC. .BARRICADES SHALL BE PLACED ON STREETS; W!TH LIGHTS AT NIGHT, ALSO FLAGMEN EMPLOYED, ALL AS MAY SE,R:QUIRED BY THE PARTICULAR WORK IN PROGRESS, THE PERMITTEE. SHALL NOT ATTEMPT TO FORBID THE FULL AND FREE USE BY THE PUBLIC OF ALL NAVIGABLE WATERS AT OR ADJACENT TO THE WORK OR STRUCTURE. IF THE DISPLAY OF LIGHTS AND SIGNALS ON ANY WORK. HEREBY AUTHORIZED IS NOT OTHERWISE PROVIDED BY LAW, SUCH LIGHTS AND SIGNALS, AS MAY BE PRESCRIBED BY BUREAU OF LIGHT HOUSES, DEPARTMENT OF COMMERCE, SHALL BE INSTALLED AND MAINTAINED AT THE VXPENCE OF THE PERMITTEE. STRUCTURES SS-!:'LL BE SO CONSTRUCTED AS NOT TO OBSTRUCT, INTERFERE WITH OR PREVENT THE FREE USE OR PASSAGE OF ANY SIDEWAI_!!S. STREET, ALLEYS PUBLIC WAY OR NAVIGABLE CHANNEL. 0. LIABILITY FOR DAMAGE, : i HE PF_Rif ITTEF 1 S RE3PONS IB; F FOR ALL L IAB I L ITY FOR PERSONAL INJURY OR PRO:PER'I'Y DAMAGE '4HICH MA.Y ARISE OUT OF 'OORK HEREIN PERMITTED, OR WHICH MAY AR I S'E, OUT OF THE USE: OR POSSESSION OF FAIL-, ,JORKS , AND IN THE: EVENT ANY CLAIM IS MADE AGAINST THE CITY OF Nrr',dPOR_T BEACH OR ANY DEFARTMEN'i, OFFICER, OR EMPLOYEE THEREOF; THROUGH, BY REASON OF, OR IN CONNEC"'!0N WITH SUCH WORK, PERMITTEE' SHALL. DEFEND, INDEMNIFY AND HOLD THEM, AND EACH OF TIFM, HARMLESS FROM SUCH CLAIM. ` 7. REVOCATION; OF PERMIT- THE ~RIGHTS GIVEEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THE CITY OF NEWPOR'T BEACH RESERVES FULL RIGHT, POWER AND AU"iHORITY TO REVOKE THIS PERMIT AT .ANY TIME:. IN THE EVENT THE PERMITTEE FAILS TO REMOVE. SAID WORKS WITHIN THE TIME SPECIFIED, THEN THE CITY ENGINEER SHALL. HAVE: THE RIGHT TO IMMEDIATELY REMOVE SAME AT THE COST AND EXPENSE OF THE PERMITTEE. 8. REPAIRS: THE PERMITTEE SHALL KEEP THE STRUCTURES IN GOOD REPAIR AT ALL TIMES. FAILURE TO REPAIRS WHEN WRITTEN NOTICE HAS BEEN GIVEN TO THE CITY ENGINEER, SHALL BE CAUSE FOR THE. REVOCATION OF THE PERMIT. MARCH 22, 1965 TO: CITY COUNCIL FROM: PUBLIC WORKS DIRECTOR l SUBJECT: HARBOR PERMIT NO. A-1371-R jr APPLICANT: HALE FIELD 503 WEST EDGEWATER AVENUE NEWPORT BEACH, CALIFORNIA LOCATION OF WORK: BAYWARD OF 503 WEST EDGEWATER AVENUE APPLICATION TO: CONSTRUCT A PIER, RAMP,.AND SLIP TO REPLACE AN EXISTING PIER AND SLIP RECOMMENDATIONS: REMARKS: I. THAT THE APPLICATION BE DENIED. 2. THAT IF THE APPLICATION IS APPROVED, IT BE APPROVED SUB- JECT TO PRIOR APPROVAL OF THE U.S. CORPS OF ENGINEERS. I. APPROVAL OF THE CITY COUNCIL IS REQUIRED BECAUSE: A. THE PROPOSED STRUCTURE WOULD BE CONSTRUCTED OVER CITY PROPERTY. B. THE ABUTTING UPLAND PROPERTY IS A DEDICATED RIGHT OF WAY, EDGEWATER AVENUE. C. THE PROPOSED STRUCTURE DOES NOT CONFORM TO THE ADOPTED HARBOR PERMIT POLICIES. 2. THE PROPOSED STRUCTURE DOES NOT CONFORM TO THE ADOPTED HARBOR PERMIT POLICIES IN THAT IT EXTENDS BEYOND THE U.S. PIERHEAD LINE. 3. APPLICATIONS FOR PERMIT'S TO CONSTRUCT SIMILXAR STRUC- TURES AT THIS LOCATION WERE DENIED BY THE ITY COUNCIL ON FEBRUARY 24, 1964, AND AGAIN ON DECEMBER 24, 1964. 4. IT IS SUGGESTED THAT APPLICANT INVESTIGATE THE POSSIB- ILITY OF MOVING HIS FLOAT CLOSER TO THE BULKHEAD. tOSEPDEVLIN RKS DIRECTOR KLP:BE ATTS. CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT February 18, 1964 To: The Honorable Mayor and City Council From: City Attorney Subject: Pier permit application A-1371 On February 10, 1964, this application was before the City Council. It was held over to February 24 for the purpose of a report on the application. The property over which the piers in this area sit and over which the proposed pier would be constructed is City -owned property which was conveyed to the City by a grant deed from the East New- port Town Company in 1927. The deed ia recorded in Book 116, page 5.2, of Official Records, The deed conveys a strip of land approximately 100 feet in width lying adjacent to and northerly of the northerly line of Edgewater Avenue as shown on City maps. The deed contains the following language: "This deed is executed and accepted upon the condition that the present channel over said property shall never be obstructed but shall perpetually be kept open for the passage of boats, subject however to the rights of said Bay Island Club, and that the property hereby conveyed shall be forever used and maintained as a public water- way and channel, and upon breach of said condition the entire title hereby conveyed shall thereupon immediately revert to and be vested in the grantor herein, its suc- cessors or assigns. To have and to hold to the said grantee, its successors } and assigns, but without covenant or warranty, express or implied, as to the title to said property." The title to this property was declared to be in the City of Newport Beach by a Superior.Court judgment in 1928 in which the -case was entitled 01City of Newport Beach V. Bay Island Club1°, Superior Court No. 24090. This same case fixed the line of - ordinary high tide from a point easterly. of Bay Island to the north of and around to the southwest of Bay Island and thereby determined that this strip of land is uplands rather than tide- lands. ip To: The Honorable Mayor and City Council -2- February 18, 1964 You will note by the paragraphs quoted from the deed that the prop- erty was conveyed on the condition that the channel over the prop- erty should never be obstructed but perpetually be kept open for the passage of boats. While the existing pier does to some extent obstruct the channel, the proposed pier would extend further out into the channel and occupy a larger area and, therefore, would constitute an additional encroachment into the channel. Whether there is or would be a significant obstruction is, of course, open to question. The existing encroachments have existed for some time without challenge. Since the land occupied by the pier is owned outright by the City, it would appear that some thought should be given to the question of whether a rental:fee.should be charged for the occupancy of this City -owned land. 4J WteW,) aramz WWComec City Attorney cc - City Manager City Clerk .Public Works Director-- L/ 0 0 E Atwnoer •a�� N W A O R T 0 .O /III A �,eovlv0` a II �G is ZO 3D ijp PA P i -c--- /V- ti VICINITY SKETCH NW.W"RT ISAYr CALILO"lA I �� 4.11 Saund�i�s odes vxPressrd in %srt and clfeno>� 01%,114s be%w Ab ~n eoovwr low WaAw-. A9oxiwrtrn Pa Yw of tiaw cyowoxiaiotr/y /o fart. //vibor /iisws orr •slob/iahQd /n this stcfrov� oi' A*rvoar> ,Bay, � G ,,�:-Xi57//16 r •� I ¢O` -=o' - 3o /09 1 /0,9 /07 IOG I S7- /✓ee1'°PO.rc'i- 7 AG T 67/ To Q D 10 Zo 30 40 P'T 0 PG F-0 P/Ei? y 5 Z / /-"-, 303 /M. 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