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Permit Processing Fee: Qty. Inspection Fee: Qty.
Public Works Only $230.00 Public Works Field Inspection $140.00
Other Department $300.00 Utilities Field Inspection $190.00
General Services Inspection $140.00
Agreement Fee:
Preparation of Report/Agreement
Document Recordation Fee
Monitoring Wells
Street/Alley/Walk Closure:
Traffic Control Plan Check
$840.00Refundable
Deposit:
$200.00
C-
$460.00P
Improvements
$52.00
Sewer Connection Fee
DNRe/v- 12-09-2009
4TT Box & Cover
8-1/2"x11" $52.00
24" x 36" $130.00
Additional
THE FOLLOWING ITEMS REQUIRE APPROVAL F
REVENUE DIVISION PRIOR TO PAYMENT OF
ue
TBD=
$.00 B
$51
$51.20
I
(Water Meter:
13/4" Meter $145.00
I1" Meter $210.00
11 1/2" Meter $390.00
12" Meter $505.00
13" Meter $857.00
14: Meter $1,505.00
�6" Meter $2,505.00
---------------------------------
Uty.
Qty.
Connection Charge: $160.00
Water Meter Boxes: 1
For Parkway & Sidewalk Area (Box + Cover = Cost)
1" Meter: 17.60+13.80 $31.408
2: Meter: 21.00 + 21.30 $42.30
For Traffic & Alley Areas (Box + Cover = Cost)
1" Meter: 17.60+30.80 $48.40
2" Meter: 21.00 + 120.00$141.00
-------
C-
5200-5029
Development Services Fee
TBD
ReceiptNo.
DNRe/v- 12-09-2009
5200-5015
Final Tract Map Checking Fee
Certificate of Compliance Fee (+100% of hriy over 3 hrs)
$270.00
For Finance Use only
C-
5200-5029
Development Services Fee
TBD
ReceiptNo.
DNRe/v- 12-09-2009
5200-5015
Final Tract Map Checking Fee
$3,270.00
5200-5026
Final Parcel Map Checking Fee - Simple
$350.00
5200-5027
Final Parcel Map Checking Fee - Moderate
$2,150.00
5200-5027
Final Parcel Map Checking Fee - Complex
$3,270.00
5200-5027
Lot Line Adjustment Fee
$1,020.00
5200-5028
Park Dedication Fee Zone _
TBD
4310-470_
Street Easemt/Vacation Fee (+100% of hriy over 4 hrs)
$920.00
5200-5031
Street Tree Fee ($700 Planting Fee)
TBD
030-2284
Enr/r Tech:
Total Amount Due:
For Finance Use only
C-
-�* 3'70 . oD
Public Works Specialist:
ReceiptNo.
DNRe/v- 12-09-2009
2oT I' 31 ` { {Ql
f./users/pbw/sharetl/encroach/masters/epfeesheel.xls
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rirru�.Nry i : R L— lu(A a I ci:j,S irlga Phone: 7lq 3% .
Email Address: —JA 6 L .00'n
Mailing Address: City State/Zip:
OWNER: -�17ek,Pl jPhone:
Email Address:_T4q G Jav�t ,vGtd� Ce/n'1
Mailing Address: City/State/Zip:
SCA uldl `7AJAJiOlAD QST t I "(' Co, W(F&-6
-------------
Office Phone:
Company (if different):
Jobsite Phone:
Other Phone:
Email Address:
Mailino Address:
rifu1sfnfa17in-
zaate License Nnmber 6 class: City Business License Number:
Expires: Expires:
WORKERS COMPENSATION INSURANCE -Certificate of Insurance (Section 3800 Labor:jj
Code)
Company: Policy No: Expires:
REFUNDABLE DEPOSIT INFORMATION (If Applicable):
Refund Payable To:
Mail Refund To: 11
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Special Conditions of Permit:
Services:
A/V� I
Traffic:
Other:
rks Specialist:
Fire:
Permit No.
N2010-
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.
3300 Newport Boulevard, Newport Beach, CA 92663
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Public Works Department
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92658-1768
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
(EPN2010-0036)
THIS AGREEMENT is made and entered into this day of
, 2010, by and between Richard Glassman and Irena A. Glassman,
Trustees of The Glassman Revocable Living Trust dated October 15, 1999 (hereinafter
"OWNER"), and the City of Newport Beach, California, a municipal corporation
organized and existing under and by virtue of its Charter and the Constitution and the
laws of the State of California, (hereinafter "CITY"). OWNER is the owner of property
located at 215 30th Street, Newport Beach, California 92663 and legally described as
Lot 6, Block 130 of Lake Tract , as shown on a map recorded in Book 4, Page 13
inclusively of Miscellaneous Maps in the office of the County Recorder of Orange
County, California Assessor Parcel Number 047-071-13.
WITNESSETH:
WHEREAS, OWNER desires to construct certain non-standard improvements
(hereinafter "PERMITTED IMPROVEMENTS") within the alley right-of-way (hereinafter
"RIGHT-OF-WAY") that is located adjacent to the parcel legally described as Lot 6,
Block 130 of Lake Tract, as shown on a map recorded in Book 4, Page 13 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange County, California;
also known as 215 30th Street, Newport Beach, California; and
WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with
CITY's ability to construct, operate, maintain, and replace CITY and other public
facilities and improvements within RIGHT-OF-WAY; and
WHEREAS, the parties hereto desire to execute an agreement providing for
fulfillment of the conditions required by CITY to permit OWNER to construct and
maintain said PERMITTED IMPROVEMENTS.
NOW, THEREFORE, in consideration of the mutual promises, the parties hereto
agree as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined
as:
a. a 4 inch PVC pipe sleeve and 2 inch Schedule 40 PVC drain pipe
connected to the City's storm drain inlet which encroaches 4 feet 4
inches into the alley right of way.
appurtenances in the alley right-of-way as shown on EXHIBIT "A"
attached hereto and as approved by the Public Works Department.
In addition, if any of the PERMITTED IMPROVEMENTS actually built or
installed during the time of construction vary from the PERMITTED
IMPROVEMENTS approved herein, such variations or changes must be
approved in advance by the Public Works Department and shall be shown
on the "As Built" plans.
2. CITY will permit OWNER to construct, reconstruct, install, maintain, use,
operate, repair and replace said PERMITTED IMPROVEMENTS and
appurtenances incidental thereto, within a portion of RIGHT-OF-WAY, if in
substantial conformance with the plans and specifications on file in the
CITY. CITY will further allow OWNER to take all reasonable measures
necessary or convenient in accomplishing the aforesaid activities.
3. Rights granted under this Agreement may be terminated by CITY at any
time by giving 60 -day notice, specifying in said notice the date of
termination. CITY shall incur no liability whatsoever in the event of the
termination of this Agreement, or subsequent removal of improvements by
CITY.
4. OWNER and CITY further agree as follows:
a. OWNER may construct and install PERMITTED IMPROVEMENTS
and appurtenances incidental thereto, in substantial conformance
with the plans and specifications on file in the CITY's Public Works
Department, and as described on Exhibit "A" attached hereto.
b. OWNER shall maintain the PERMITTED IMPROVEMENTS in
accordance with generally prevailing standards of maintenance,
and pay all costs and expenses incurred in doing so. However,
nothing herein shall be construed to require OWNER to maintain,
replace or repair any CITY -owned pipeline, conduit or cable located
in or under said PERMITTED IMPROVEMENTS, except as
otherwise provided herein.
Encroachment Agreement P a cg e 12
C. If City or other public facilities or improvements are damaged by
the installation or presence of PERMITTED IMPROVEMENTS,
OWNER shall be responsible for the cost of repairs.
d. That should CITY be required to enter onto said RIGHT-OF-WAY
to exercise its primary rights associated with said RIGHT-OF-WAY,
including but not limited to, the maintenance, removal, repair,
renewal, replacement or enlargement of existing or future public
facilities or improvements, CITY may remove portions of the
PERMITTED IMPROVEMENTS, as required, and in such event:
(i) CITY shall notify OWNER in advance of its intention to
accomplish such work, provided that an emergency situation
does not exist.
(ii) OWNER shall be responsible for arranging for any renewal,
replacement, or restoration of the PERMITTED
IMPROVEMENTS affected by such work by CITY.
(iii) CITY agrees to bear only the cost of any removal of the
PERMITTED IMPROVEMENTS affected by such work by
CITY.
(iv) OWNER agrees to pay all costs for the renewal,
replacement, or restoration of the PERMITTED
IMPROVEMENTS.
5. In the event either party breaches any material provision of this
Agreement, the other party at its option may, in addition to the other legal
remedies available to it, terminate this Agreement, and, in the event the
breaching party is OWNER, CITY may enter upon the RIGHT-OF-WAY
and remove all or part of the improvements installed by OWNER.
Termination because of breach shall be upon a minimum of ten (10) day
notice, with the notice specifying the date of termination. In the event of
litigation, commenced with respect to any term of condition of this
Agreement, the prevailing party shall be entitled to reasonable attorneys
fees and costs incurred.
6. OWNER shall defend, indemnify and hold harmless CITY, its City Council,
boards and commissions, officers and employees from and against any
and all loss, damage, liability, claims, suits, costs and expenses
whatsoever, including reasonable attorneys' fees (when outside attorneys
are so utilized), regardless of the merit or outcome of any such claim or
suit arising from or in any manner connected with the design,
construction, maintenance, or continued existence of the PERMITTED
IMPROVEMENTS.
Encroachment Agreement Page 13
7. OWNER agrees that this Agreement shall remain in full force and effect
from execution thereof; shall run with the land; shall be binding upon the
heirs, successors, and assigns of OWNERS' interest in the land, whether
fee or otherwise, and shall be recorded in the Office of the County
Recorder of Orange County, California.
8. The laws of the State of California shall govern this Agreement and all
matters relating to it and any action brought relating to this Agreement
shall be adjudicated in a court of competent jurisdiction in the County of
Orange.
9. The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against
either party by reason of the authorship of the Agreement or any other
rule of construction which might otherwise apply.
10. This Agreement represents the full and complete understanding of every
kind or nature whatsoever between the parties hereto, and all preliminary
negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the
provisions herein.
11. A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained
herein, whether of the same or a different character.
12. OWNER shall at OWNER'S own cost and expense comply with all
statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force
or hereinafter enacted.
13. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions of this Agreement shall continue in full force and
effect.
Encroachment Agreement Page 14
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By: �- l�R' /�✓
4yr&Ke Bea amp,
Assistant C49ttorney
ATTEST:
By: �'�lNVti��X.
Leilani I. Brown, City
CITY OF NEWPORT BEACH,
a Municipal corporation
By: �/- G..lC 1
Dai . Kiff,
City Manager
OWNER
By: 1. 1
Richard Glassman, Trustee
The Glassman Revocable Living Trust
dated October 1999
)7
I�—
By: _ f0AN�I
Irena A. Glassman, Trustee
The Glassman Revocable Living Trust
dated October 15, 1999
ATTACHMENTS: EXHIBIT A—Plans as approved by Public Works
STATE OF CALIFORNIA )
COUNTY OF' O-{R-ANGE
On2010, before VV' G lV
Notary Public, personally appeared (owners)
ho oved to me on the basis of satisfactory evidence to be the
person whose named is/ subscribed to the within instrument and acknowledged to me
that hes /�y has executed the same in his/h>�r/tAir authorized capacity(@Q, and that by
his/h r/th slgnaturex on the instrument the pe�rsbnKor the entity upon behalf of which the
person ac ed, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
*Ufflicin-
No d for said State
L. WASHINGTON
71 On
Commission X 1840150
Z
F
o Notary Public - California
Orange County >
—My Comm. Expires Mar 12.2013+
(This area for official notarial sea])
Encroachment Agreement Page 15
ACKNOWLEDGMENT
State of California
County of
On before me, Li I) 2 q n> C
(ins rt name and title of the offi er)
personally appeared i �% f «i��z Zre-/pit- R
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. DOW Commission S
Not711
ary Publlo - California
Orange County
� MyCornm.ExplresJrn20,2010J
Signature ��� (Seal)
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RICHARD & IRENA A. GLASSMAN
December 9, 2008
Mr. David Keely, P.E.
Senior Civil Engineer
City of Newport
3300 Newport Blvd.
Newport Beach, CA 92663-3884
Dear Mr. Keely,
Thank you for your update and conversation with both of us today. We were contacted by Matt
Cosylion yesterday regarding the Notice of Violation dated December 1, 2008 (obstruction of
public way). The facts remain that the Public Works department signed off in 2003 on how we are
routing city water from our basement to the catch basin/French drain in the alley behind 30th Street
adjacent to the Albertson's parking lot. We have made no changes since the sign -off
Now, Matt is telling us we need to make a change, a change Matt has indicated you require. As he
has described the change, we are concerned about the unintended consequences of additional noise
from the air being sucked through the pipes as the sump pumps turn off as well as the liability to the
city or us as public access to garage(s) and the alley is blocked during construction. The alternative
of running the pipes to the front of the house and constantly dumping gallons and gallons of water
a day to run down the street seems like a poor alternative (not to mention that the person
complaining now, will really be upset).
Can we coordinate a time to meet at the property (215 30th Street) for next week or the week after?
Early mornings are best.
IreriaGlassman
Richard Glassman
Contact Information:
Primary Contact Person - Irena Glassman/714.325.9539/iaglass@aol.com
Secondary Contact Person — Richard Glassman/714.325.9141 /glassmanrich@aol.com
Attachments:
Scanned/Printed copy of Original complaint dated October 18, 2004
Scanned/Printed copy of Letter to Jim Auga, Ed Burt, Jim Delicce, John Kappeler and Fong Tse
dated October 25, 2004 acknowledging complaint was closed
Scanned/Printed copy of screen showing complaint closed
Scanned/Printed copy of new complaint dated December 1, 2008
Scanned/Printed copy of letter to Matt Cosylion dated December 4, 2008
Copies to: Matt Cosylion via email and US Mal
David Keely via email and US Mail
20398 VIA TRINIDAD • YORBA LINDA, CA • 92886-3041
PHONE: 714-325-9539 • FAX: 714-970-9056
NO'FICE UN' V1ULA'1'ION
OFFICE OF THE CITY MANAGER
Code & Water Quality Enforcement
3300 Newport Boulevard
No.12�- wGIP
WARNING ONLY T�f
PREVIOUSLY ADVISED
Newport Beach, CA. 92663 FINAL WARNING
(949) 644-3215
Date io s e Time
An inspection of the premises located at
violation(s) of the Newport Beach Municipal Code. in the City of Newport Beach, revealed a
Name of owner or business:
'Address if different:
T IS V LA 1 N MUST BE CORRECTED ON OR BEFORE
If the violation is not corrected by the date specified, an
ADMINISTRAf IV9 CITATION may be issued and penalties will begin to accrue ($100.00, $200.00
AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties,
revocation of permits, recordation of notice of violation, withholding of future municipal permits, criminal
prosecution and/or civil injunction may be utilized to correct this violation(s). A REINSPECTION
WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE
CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE
ISSUED AND FEES WILL BEGIN TO ACCRUE.
foregoing is true and correct to the best of my knowledge. Executed on the date shown above.
PRINT NAME OF ISSUING OFFICER IOa
TION CLEARED AS OF
WHITE (Violation Copy) CANARY (Officer Covv)
215 30" Street
Newport Beach, CA 92663
714-970-9056 (Fax),
714-325-9141 (Mobile)
iaglass@aol.com
October 25, 2004
Mr. Jim Auga
Mr. Ed Burt
Mr. Jim Delicce
Mr. John Kappeler
Mr. Fong Tse, P.E.
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658-8915 Via Email and US Mail
Re: 215 30`h Street, Newport Beach, CA 92663
Gentlemen:
Thank you for addressing my concern regarding the discharge of water rising in my basement.
As reviewed onsite today by Mr. Auga, Mr. Burt, Mr. Delicce and Mr. Kappeler, the sump pumps
connected via PCV pipe to an industrial strength hose running directly into the storm drain in the alley
behind 30th street is acceptable. I understand that Mr. Tse has been informed and he agrees with the
solution. (I have copied Mr. Cosyliou of Code & Water Quality Enforcement and hope that this letter
satisfies the citation he issued on October 18`h , 2004 - No. 12004-1256.)
I applaud your outstanding customer service and open dialogue to solve the water seepage problem in my
basement.
Sincerely
Mr. Richard Glassman
Copy to: Mr. Matt Cosylion
............................
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NOTICE OF VIOLATION
OFFICE OF THE CITY MANAGER
Code & Water Quality Enforcement
3300 Newport Boulevard
Newport Beach, CA. 92663
(949) 644332215
Date �cX % �� Time
An inspection of the premises located
Code.
No.
WARNING ONLY
PREVIOUSLY ADVISED ( j
FINAL WARNING f�
Name of owner or business:
Address if different: ?
NEWPORT BEACH MUNI. DESCRIPTION OF VIOLATION(L-
CODE SEC.
—f7t3�51ltuG7`lGZ� �Lf./3LZG i2��/17—oF
'$ Y
THIS __ I ATION. MUST BE. CORRECTED ON OR _ ..BEFORE
�2 . If the violation is not corrected by the date specified, an
ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00
AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties,
revocation of permits, recordation of notice of violation, withholding of future municipal permits, criminal
prosecution and/or civil injunction may be utilized to correct this violation(s). A REINSPECTION
WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE
CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE
ISSUED AND FEES WILL BEGIN TO ACCRUE.
The foregoing is true and correct to the best of my knowledge. Executed on the date shown above.
SIGNATURE OP I55 C O ER PRINT NAME OF ISSUING OFFICER IDa
,�-CDSy G
VIOLATION CLEARED AS OF
WHITE (Violation Copy) CANARY (Officer Copy)
RICHARD & IRENA A. GLASSMAN
December 4, 2008
Mr. Matt Cosylion (ID# 0309)
OFFICE OF THE CITY MANAGER
Code & Water Quality Enforcement
3300 Newport Boulevard
Newport Beach, CA 92663
Dear Mr. Matt Cosylion,
In July of 2003 this issue was resolved. We have made no changes and the previous city issuing
officer signed -off the configuration ("pipes from the alley way' to the storm drain). The specific
people I worked with were: Ed Burt, Fong Tse, RE, Jim Auga, and Jim Delicce. I know that Mr.
Auga and Mr. Delicce came to my property and then met with Fong. All three signed off and I
walked the Notice of Violation over to your department. They concurred and per the screen
below signed off. Has something changed? If so, please advise.
Sincerely,
Richard Glassman Irena A. Glassman
IG/ia NED
20398 VIA TRINIDAD • YORBA LINDA, CA • 92886-3041 — 5 ZOOS
PHONE: 714-325-9539 • FAX: 714-970-9056
Public Warks Deparimant
Clty of Newpart [leach
Keely, David
From: iaglass@aol.com
Sent: Tuesday, December 09, 2008 12:44 PM
To: Keely, David
Cc: Cosylion, Matt; GlassmanRich@aol.com; laglass@aol.com
Subject: Notice of Violation: 215 30th Street
Attachments: Newport_ Violation_ Scanned Docs_120908_5pgs.pdf
Dear Mr. Keely,
Thank you for your update and conversation with both of us today. We were contacted by Matt Cosylion
yesterday regarding the Notice of Violation dated December 1, 2008 (obstruction of public way). The facts
remain that the Public Works department signed off in 2003 on how we are routing city water from our
basement to the catch basin/French drain in the alley behind 30th Street adjacent to the Albertson's parking lot.
We have made no changes since the sign -off.
Now, Matt is telling us we need to make a change, a change Matt has indicated you require. As he has
described the change, we are concerned about the unintended consequences of additional noise from the air
being sucked through the pipes as the sump pumps tum off as well as the liability to the city or us as public
access to garage(s) and the alley is blocked during construction. The alternative of running the pipes to the
front of the house and constantly dumping gallons and gallons of water a day to run down the street seems like a
poor alternative (not to mention that the person complaining now, will really be upset).
Can we coordinate a time to meet at the property (215 30th Street) for next week or the week after? Early
mornings are best.
Sincerely
Irena Glassman
Richard Glassman
Contact Information:
Primary Contact Person - Irena Glassman/714.325.9539/iaglassgaol.com
Secondary Contact Person—Richard Glassman/714.325.9141/,glassmanrich�aol.com
Attachments:
Scanned/Printed copy of Original complaint dated October 18, 2004
Scanned/Printed copy of Letter to Jim Auga, Ed Burt, Jim Delicce, John Kappeler and Fong Tse dated October
25, 2004 acknowledging complaint was closed
Scanned/Printed copy of screen showing complaint closed
Scanned/Printed copy of new complaint dated December 1, 2008
Scanned/Printed copy of letter to Matt Cosylion dated December 4, 2008
Copies to: Matt Cosylion via email and US Mail
David Keely via email and US Mail
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
Stephen G. Badum, Director
January 11, 2010
Mr. Richard Glassman
20398 Via Trinidad
Yorba Linda. CA 92886
Subject: Remove and Relocate Above Ground Discharge Pipe from Alley
Behind 215 30th Street
Dear Mr. Glassman:
On December 1, 2008, the City's Code and Water Quality Enforcement Division issued
a Notice of Violation for obstruction of the public right of way (M.0 10.50.020) for the
above ground discharge pipes in the alley behind 215 30th Street. The required
corrections for the notice of violation indicated:
Remove all of the pipes from the alley way;
Contact the City's Public Works Department; and
All discharges into the storm drain system must be approved by the City.
Since the notice of violation was issued, we have discussed the issue several times at
on-site meetings, telephone conversations, e-mails and letters. The numerous
discussions assisted in compiling information for this long standing issue (previous
Notice of Violation in 2004). In addition, in October of 2009 staff received complaints
from nearby residents regarding noise from the discharge. City Staff resolved the noise
issue by removing a small portion of the inlet grate to remove the pinch in the discharge
hose. Also, City staff lengthened the discharge hoses so that the water would
discharge further down the outlet pipe reducing the noise due to discharge.
As discussed at our last on-site meeting (November 20, 2009), the discharge shall
comply with Council Policy L-18 (see attached), with the exception of the five (5) gallons
per day maximum discharge. The discharge pipe shall be located underground and
connected directly to the City's storm drain system in the alley. As indicated in Council
Policy L-18, an encroachment permit and encroachment agreement shall be obtained to
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3311 • Fax: (949) 644-3318 • www.city.newport-beach.ca.us
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January 7, 2010 Page 2 of 2
underground the discharge pipe and directly connect it to the City's storm drain system.
The owner's contractor shall have an "A" license and City business license to perform
the required work in the public right-of-way. The encroachment permit shall be obtained
prior to any work within the public right-of-way.
The Citx's General Services Department will be installing a new inlet in the alley behind
215 30 Street and reconstructing the area around the inlet. The owner's contractor
shall coordinate with City staff regarding the installation of the underground discharge
pipe and the City's work. City staff is willing to underground the pipe in the area that the
City is reconstructing, provided that the owner's contractor provides the discharge pipe.
The owner's contractor would be responsible for installing the remainder of the pipe
from the terminus of the City installed pipe to your property line. The discharge pipe
shall be a single pipe no more than 2 inches in diameter. The City plans to complete
this work in the first part of February. Please contact Jim Auger, General Services
Department Operations Support Superintendant at (949) 718-3477 regarding discharge
pipe requirements, installation dates and pre -construction meetings.
Please be advised that if the required private improvements are constructed after the
City has completed its improvements, extensive repairs/reconstruction of the alley will
be required at additional cost to the owner.
Please respond to this letter by Friday, January 22, 2010. Should you have any
questions, please feel free to contact me at 949-644-3349 or e-mail me at
dkeely , _newportbeachca.gov.
Respectfully,
David Keely, RE
Senior Civil Engineer
CC: Steve Badum, Public Works Director
Tony Brine, City Traffic Engineer
Matt Cosylion, Senior Code & Water Quality Enforcement Office
Shane Burckle, Water Conservation Coordinator
Jim Auger, GS Operations Support Superintendant
Attachments: NOV Dec. 1, 2008
NOV Nov. 10, 2004
Council Policy L-18
f:\users\pbw\shared\encroach\notice of violation\2009\215 30th st\215 30th street.doc
PROTECTION OF WATER QUALITY:
DRAINAGE - PUBLIC RIGHTS-OF-WAY
PURPOSE
L-18
This policy, along with Policy L-22 (Water Quality Management Plans), is intended to
minimize dry -weather runoff and runoff from small rain events (collectively referred to
as "runoff' in this Policy) in an effort to improve water quality of Newport Bay, water
quality -limited receiving waters (like Buck Gully) and the near -shore ocean
environment. The motivation for this Policy, in addition to the community's interest in
clean water, is in part the adoption of new regulations upon the City of Newport Beach
by the California Regional Water Quality Control Board, Santa Ana Region ("Regional
Board") contained in the Regional Board's Order # R8-2002-0010, NPDES No.
CAS618030.
FINDING
Runoff from irrigation overspray, overwatering, roof drains, patio and deck drains, and
washdowns of hardscape areas contribute flow to the street drainage systems and
natural watercourses which then convey pollutants such as pesticides, fertilizers, pet
waste, oil, engine coolant, gasoline, hydrocarbons, brake dust, tire residue, and other
pollutants into surface waters.
POLICY
Whenever possible, runoff should be retained on private property to prevent the
transport of these pollutants in the manner described below. Reduction, retention or
diversion of runoff can benefit property owners through water conservation and reuse
of water that would otherwise drain to the City's street drainage system and our
harbors, bays, and ocean.
A. Curb Drains. Curb drains have been utilized as a means of draining sump areas
and roof drains within a property by conveying flows via subsurface piping
systems to the curb gutter. Curb drains typically convey runoff directly to the
City's street drainage system without the benefit of absorption by permeable
surfaces and natural treatments such as landscaped areas and planters.
Whenever possible, runoff shall be diverted through planted areas or sumps that
recharge the groundwater dry wells. The use of permeable surfaces affords the
opportunity to use the natural filtration properties of the earth to prevent the
1
1.18
transport of harmful materials directly to our water resources. The use of curb
drains to drain private residential and commercial property shall only be
permitted as follows:
1. New Development/ Redevelopment - see Policy L-22.
2. Reconstruction or Grading of Existing Properties - The grading/ drainage
for additions and/or modifications to existing properties including the
construction of patios, decks, roof drains, downspouts, gutters or
substantial grading remodel (grading affecting over 50% of the existing
yard/setback areas that alter existing drainage patterns) shall be designed
to retain and/or direct urban runoff into planted/permeable areas. Curb
drains and subsurface piping shall be permitted for secondary or overflow
of hardscape or planted areas to prevent dwellings from flooding due to
significant (defined for this Policy as more than 3/4" of rain in any 24-
hour
4hour period) storm events only. Curb drains may be permitted to correct
existing drainage problems on a case-by-case basis after all reasonable
alternatives are explored. Curb drains, when approved, shall have a
French drain system of perforated pipe and gravel unless site-specific
circumstances endanger public safety so as to prohibit its use as
determined by the Public Works Director.
B. Parkway permeability. The City's parkway areas represent the last opportunity
to retain and allow urban runoff to percolate into the earth before entering the
City's street drainage system. Non -sidewalk areas within the City's parkway
areas (defined as the area between the curb and the street right of way/ property
line) shall utilize permeable surfaces that permit the percolation of urban runoff.
Non -permeable parkway surfacing within the area between the street curb and
sidewalk for decorative (non -pedestrian) purposes, installed at grade, not to
exceed 25% of the parkway area (between back of curb and sidewalk) less
driveways and carriage walks when installed in conjunction with landscaping,
irrigation, and street trees is permitted in accordance with Council Policy L-6.
Decorative materials include colored, stamped, and patterned concrete; brick,
pavers, and stone masonry, pavers, flat stone, and brick set in sand; and other
materials as approved by the Public Works Department.
C. Down Slope Drains. Wherever practical, private property drainage shall be
diverted away from bluffs or steep slopes (2:1 slopes or greater). The design
shall include:
2
L-18
1. Hydrological and hydraulic calculations in conformance with the latest
edition of the Grange County Drainage Design Manual;
2. Subsurface piping system utilizing approved piping materials which
incorporate sealed joints;
3. The drainage system shall have a French drain system of perforated pipe
and gravel, dry well, or similar device to percolate low flow urban runoff
unless site-specific circumstances endanger public safety or improvements
so as to prohibit its use as determined by the Public Works Director;
4. The outlet of any slope drain shall be directly connected to the City's
subsurface drainage system when the property abuts any public right of
way containing subsurface drainage facilities. If no City subsurface
drainage facilities are present, the slope drainage shall discharge into
surface street drainage improvements and incorporate appropriate energy
dissipation; and
5. Any permitted flow shall not create continuous standing water within City
street gutters, pose a hazard to safe motor vehicle or pedestrian use, or
create a nuisance such as odor or algae growth. The property owner will
accept responsibility to maintain the slope drainage facility and will
execute a -non-standard permit agreement with the City. The City reserves
the right to revoke this agreement at any time for non-compliance.
D. Sump discharges into the public right of way. Permanent sump
pump discharges shall be permitted as follows:
Permitted sump pump discharges shall be piped directly to the City'
storm drain system whenever that proposed discharge occurs within 50'
of the City's storm drain. Connections to the cies storm drain shall be in
accordance with City standards and executed under a valid encroachment
permit from the Public Works Department.
2. The permittee and the City have executed a non-standard permit
agreement which authorizes the City to revoke the permit at any time for
non-compliance.
3
L-18
3. Discharges from permanently installed sump pumps of basement garage
spaces (areas with motor vehicle storage) shall not be permitted within the
public right of way.
4. Storage areas and living areas below natural grade as permitted by the
Building Department may discharge sump pump flow into the City's
street drainage system provided that:
The property owner show evidence of all approved permits as
required by the Regional Water Quality Control Board and other
jurisdictional agencies;
The discharge flow must not be continuous and be shown to be less
than five (5) gallons per day; and
The permitted flow shall not create continuous standing water
within City street gutters, pose a hazard to safe motor vehicle or
pedestrian use, or create a nuisance such as odor or algae growth.
E. Construction Dewaterin¢. Construction dewatering as permitted by the Building
Department may discharge pump flow into the City s street drainage system
provided that:
The property owner show evidence of all approved permits as required by
the California Regional Water Quality Control Board and other
jurisdictional agencies;
The permitted flow shall not create continuous standing water within City
street gutters, pose a hazard to safe motor vehicle or pedestrian use, or
create a nuisance such as odor or algae growth; and
An encroachment permit be executed in accordance with City Council
Policy L-6, including authorization for the City to revoke this permit at
any time for non-compliance.
Adopted - April 23, 2002
4
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
Stephen G. Badum, Director
June 17, 2010
Richard Glassman
The Glassman Revocable Living Trust
20398 Via Trinidad
Yorba Linda, CA 92886
SUBJECT: Non -Standard Improvements in Public Right -Of -Way (EPN2010-0036)
at 215 30th Street
Dear Mr. Glassman:
Your request to construct non-standard improvements in the Public Right -of -Way at 215
30th Street will require issuance of an Encroachment Permit from the Public Works
Department and execution of an Encroachment Agreement.
Please execute both copies of the attached Non -Standard Encroachment Agreement
(attached) using a notary and signing in BLUE INK, return them to my attention for
processing.
If you have any questions or need additional information, please feel free to call me at
(949)644-3349.
Sincerely,
AiKeeIy
Senior Civil Engineer
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3311 • Fax: (949) 644-3318 • www.city.newport-beach.ca.us
�� P
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RICHARD & IRENA A. GLASSMAN
December 4, 2008
Mr. Matt Cosylion (ID# 0309)
OFFICE OF THE CITY MANAGER
Code & Water Quality Enforcement
3300 Newport Boulevard
Newport Beach, CA 92663
Dear Mr. Matt Cosylion,
In July of 2003 this issue was resolved. We have made no changes and the previous city issuing
officer signed -off the configuration ("pipes from the alley way' to the storm drain). The specific
people I worked with were: Ed Burt, Fong Tse, RE, Jim Auga, and Jim Delicce. I know that Mr.
Auga and Mr. Delicce came to my property and then met with Fong. All three signed off and I
walked the Notice of Violation over to your department. They concurred and per the screen
below signed off. Has something changed? If so, please advise.
SZtb3—DS7,1I
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IG/ia
Sincerely,
i
Richard Glassman Irena (f4man
20398 VIA TRINI A LINDA, CA • 92886-3041
PHO N 14-325-9539 FAX: 714-970-9056
NOTICE OF VIOLATION
OFFICE OF THE CITY MANAGER
Code & Water Quality Enforcement
3300 Newport Boulevard
Newport Beach, CA. 92663
(949) 6443215
Date X:2//� Time
WARNING ONLY j
PREVIOUSLY ADVISED
FINAL WARNING K
An inspection of the premises located at ";1'1'5 , S o%i / ': �
in the City of Newport Beach, revealed a
vialation(s) of the Newport Beach Municipal Code.
Name of owner or business;
Address if different
NEWPORT BEACH MUNI. DESCRIPTION OF ITOLATIOWSP
�t� so 0.,70 - OC3�sTituG�1Gsd � pva�c �r�i�r-o,�
_. _THIS-__ VIOLATION _.MIST BE. _ CORRECTED ON OR --BE FORE
If the violation is not corrected by the date specified, an
ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00
AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties,
revocation of permits, recordation of notice of violation, withholding of future municipal permits, criminal
prosecution and/or civil injunction may be utilized to correct this violation(s). A REINSPECTION
WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE
CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE
ISSUED AND FEES WILL BEGIN TO ACCRUE.
The foregoing is true and correct to the best of my knowledge. Executed on the date shown above,
SIGNATUREOFISS GOFF R PRAT NAME OF ISSUING OFFICER ID#
--." /�yyT—cosy �
VIOLATION CLEARED AS OF
WHITE (Violation Copy) CANARY (Officer Copy)
I
PRESORTED
FIRST CLASS
215 30" Street
Newport Beach, CA 92663
714-970-9056 (Fax)
714-325-9141 (Mobile)
• iaglass@aotcom
October 25, 2004
Mr.
Jim Auga
Mr.
Ed Burt
Mr.
Jim Delicce
Mr.
John Kappeler
Mr.
Fong Tse, P.E.
City of Newport Beach
3300 Newport Blvd,
P.O. Box 1768
Newport Beach, CA 92658-8915 Via Email and US Mail
Re: 215 30'b Street, Newport Beach, CA 92663
Gentlemen:
Thank you for addressing my concern regarding the discharge of water rising in my basement.
As reviewed onsite today by Mr. Auga, Mr. Burt, Mr. Delicce and Mr. Kappeler, the sump pumps
connected via PCV pipe to an industrial strength hose running directly into the storm drain in the alley
behind 30th street is acceptable. I understand that Mr. Tse has been informed and he agrees with the
solution. (I have copied Mr. Cosyliou of Code & Water Quality Enforcement and hope that this letter
satisfies the citation he issued on October 18th, 2004 - No. 12004-1256.)
I applaud your outstanding customer service and open dialogue to solve the water seepage problem in my
basement.
Sincerely,
Mr. Richard Glassman
Copy to: Mr. Matt Cosylion
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Keely, David
From:
Tse, Fong
Sent:
Wednesday, December 10, 2008 3:30 PM
To:
Keely, David
Subject:
RE: 215 30th Street
That's what I remember.
From: Keely, David
Sent: Wednesday, December 10, 2008 3:25 PM
To: Tse, Fong
Subject: RE: 215 30th Street
Fong,
Thanks for chatting with me regarding 215 30th Street. As I understand it the previous approval
allowed the owner to discharge to the storm drain in the alley behind 213 30th Street. The owner had
to install a clarifier on private property prior to discharge. Also the above ground pipe were to be
incase in concrete and run along the base of the wall to the storm drain. The rigid discharge pipe
would terminate in the storm drain.
Also, it was determine at that time that discharge into the gutter was impractical due the amount of
water being pumped out of the basement area.
Did I miss anything? Thanks
Dave
From: Tse, Fong
Sent: Wednesday, December 10, 2008 1:45 PM
To: Keely, David
Subject: RE: 215 30th Street
No. The approved version was more conventional.
From: Keely, David
Sent: Tuesday, December 09, 2008 11:39 AM
To: Tse, Fong
Subject: 215 30th Street
Fong,
Was this the configuration that was approved (see attached photo)? Was there a requirement to
prepare an EA for this? Thanks.
Keeiy, David
From:
Auger, Jim
Sent:
Tuesday, December 09, 2008 12:59 PM
To:
Keely, David
Cc:
Miller, Tom
Subject:
FW: 215 30TH ST
FYI
From: Pappas, Maria
Sent: Wednesday, December 03, 2008 8:56 AM
To: Auger, Jim
Cc: Okada, Randy
Subject: RE: 215 30TH ST
Okay, Jim...
Unfortunately I don't think I'm going to be able to give you any more info than you could come up with on your own
because I don't really know. I would suspect that CB03_152 is PVT since it has a pvt SD line on either side, and is
mapped on a pvt parcel, but C1303_153 is a tough call. If CB03_153 is truly mapped in the correct position then I'm
inclined to say it's more likely a City CB, but I really don't know. The source is 'FIELD' which to me implies that someone
on a SD crew told GIS staff to map the CBs and associated lines as seen. Frankly I'm a bit baffled by what I'm looking at
and am wondering where, and which way the storm water actually goes!
Perhaps someone in Public Works can answer your question. I'm including Randy Okada in this email. Perhaps if this is
not a question he can address he will know who to forward your original question to. Thanks Randy.
From: Auger, Jim
Sent: Tuesday, December 02, 2008 2:36 PM
To: Pappas, Maria
Subject: FW: 215 30TH ST
Maria,
Good afternoon. Can you please verify these the two catch basin/grates if they are private or the City's. I'm just double
checking things on my end.
Atlas page: M05
CB03_153
CB03_152
Thanks,
Jim
From: Kappeler, John
Sent: Tuesday, December 02, 2008 1:58 PM
To: Okada, Randy
Cc: Cosylion, Matt; Lee, Iris; Auger, Jim
Subject: RE: 215 30TH ST
Randy
Assuming the property owner comes in for an encroachment agreement, we'll also need him to test the water quality of
the discharge before issuance of the EA. He needs to comply with the monitoring requirements in the City's DeMinimus
Permit R8-2004-0021. Iris can help you with the monitoring details and reporting requirements.
Thanks,
John
From: Cosylion, Matt
Sent: Monday, December 01, 2008 4:48 PM
To: Kappeler, John; Auger, Jim
Subject: 215 30TH ST
Good Afternoon,
I sent the property owner a NOV today regarding the piping.
According to public works, that catch basin is a private drain. This means that the property owner will have to obtain an
encroachment agreement with the City to run the piping under the alley way and then seek approval from the property
owner of the Albertson's shopping center to discharge into their drain. Hopefully, the property owners allow it.
Have a good night.
Matt Cosylion
Senior Code & Water Quality Enforcement Officer
Office of the City Manager
3300 Newport Blvd.
Newport Beach, Ca 92663
ph.(949) 644-3217 fax.(949) 718-1840
Keely, David
From: Auger, Jim
Sent: Tuesday, December 09, 2008 1:05 PM
To: Keely, David
Cc: Miller, Tom
Subject: RE: Storm Drain behind 213 30th Street
Tom & I have been cleaning this storm drain grate for years, and I was told many years ago that it's the City's. The outlet
pipe drains into another grate behind the Albertson's property. After reading Maria Pappas's email, I'm not sure. If you
need to meet Tom & I on site, please give us a call. Thanks.
Jim
From: Keely, David
Sent: Tuesday, December 09, 2008 11:28 AN
To: Auger, Jim; Miller, Tom
Subject: Storm Drain behind 213 30th Street
Jim and Tom,
A property at 215 30th Street is currently discharging directly into the storm drain in the alley. I think
this is one that Jim looked at a few years ago. Do you know if that is a City inlet or is it the Albertsons
property? Any additional info on this would be appreciated. Thanks
David Keely, P.E.
Senior Civil Engineer
City of Newport Beach
Tel: (949) 644-3349 Fax: (949) 644-3318
Public Works Deportment -- AWell-Engineered Machine
Protecting and prodding quality public improvements and services
Keely, David
From: Auger, Jim
Sent: Tuesday, December 09, 2008 3:58 PM
To: Keely, David
Subject: RE: Storm Drain behind 213 30th Street
This was not approved by General Services, and I think the home owner installed it on his own. Some years back, Jim
Sinasek or John Kappeler and I had the home owner at that time remove one W PVC pipe that was attached to the top
of the metal grate. The current drainage set-up is completely different from the one from years back.
From: Keely, David
Sent: Tuesday, December 09, 2008 3:10 PM
To: Auger, Jim
Subject: RE: Storm Drain behind 213 30th Street
From your memory is this was approved a few years ago?
<< File: 215 30th -2.jpg >> << File: 215 30th -1.jpg >>
From: Auger, Jim
Sent: Tuesday, December 09, 2008 1:21 PM
To: Keely, David
Subject: RE: Storm Drain behind 213 30th Street
10-4.
From: Keely, David
Sent: Tuesday, December 09, 2008 1:17 PM
To: Auger, Jim
Subject: RE: Storm Drain behind 213 30th Street
Thanks. I'll let you know if we need to meet. Thanks
From: Auger, Jim
Sent: Tuesday, December 09, 2008 1:05 PM
To: Keely, David
Cc: Miller, Tom
Subject: RE: Storm Drain behind 213 30th Street
David,
Tom & I have been cleaning this storm drain grate for years, and I was told many years ago that it's the City's. The outlet
pipe drains into another grate behind the Albertson's property. After reading Maria Pappas's email, I'm not sure. If you
need to meet Tom & I on site, please give us a call. Thanks.
M
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CALL
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0
January 22, 1981
of
MINUTES
DRAFT
Beach
11. That arrangements be made with the Public
Works Department to guarantee satisfactory
., completion of the public improvements, if
is desired to obtain a Building Permit
pr o completion of the public improvements.
12. That a Tenta arcel Map shall be filed
with the Planning tment prior to the
issuance of a Building it for the pro-
posed construction and alter i on the
property. A Parcel Map 'shall be ded
with the County Recorder within six
months of the Planning Commission's approva
of the required resubdivision application,
Request to construct a new single -story, common-
cial building in conjunction with the expansion
and remodel of the existing Market Basket
Item f6
Shopping Center, and related off-street parking
USE PERM
area in the Unclassified District. The request
also includes the acceptance of an off-site
parking agreement for a portion of the required
parking spaces.
NO. 1973
APPROVED
CONDI_
LOCATION: Portions of Parcels No. 1 and No.
TIONALLY
3 and alt of Parcel No. 2 of Record.,
Survey 35-25, located at 3100 Balboa
Boulevard on the southeasterly
corner of Balboa Boulevard and 32nd
Street in Central Newport.
ZONES: C-1 and Unclassified
APPLICANT: Innovative Graphics, Inc., Orange
OWNER: William J. Cagney
c/o Don R. Adkinson, Newport Beach
Mr. Don Webb, Assistant City Engineer, referred
to Exhibit "A" of the staff report, Condition No.
3 and suggested that it be revised to read as
follows; "3} That the forty -foot wide Lake
Avenue right-of-way be vacated with right of
access to 32nd Street to be reserved for the
owner."
-23-
M CALL
i
Motion
Al 1 Ayes
Absent
E
1anuary 22, 1981
of Newport Beach
MINUTES
Mr. Webb also suggested that Condition No. 11 be
added to read as follows: "11) That a vault
with traffic cover acceptable to the Public Works
Department be constructed over and around the
water and fire service meters in Lake Street."
Mr. Webb stated that in this way, the existing
meters and water lines will not have to be
removed.
The public hearing opened in connection with this
item and Mr. Don Adkinson, representing the owner,
appeared before the Commission. Mr. Adkinson
stated that they are in concurrence with the con
ditions imposed. He requested that the Commi.ssio
ask the City Council to initiate the abandonment
of Lake Street. Mr. Webb stated that this is an
item that can be resolved with the applicant, at
the staff level, rather than as a condition of
this development.
Motion was made for approval of Use Permit No.
1973, subject to the findings and conditions of
the staff report and as revised by the Public
Works Department as follows, which MOTION CARRIED:
FINDINGS:
1. That the proposed expansion is consistent
with the Land Use Element of the General Plan
and the Draft Local Coastal Plan, and is com-
patible with surrounding land uses.
2. The project will not have any significant
environmental impact.
3. The Police Department has indicated that it
does not contemplate any problems.
4. The required parking spaces for the shopping
center on a separate lot from the building
site is justifiable for the following reasons
a) The off-site parking lot is immediately
adjacent to the subject property and is
easily accessible.
-24-
u..m.�Et477,�'+ rb,4
..ia $
COMMISSIONERS
7a i
a u ry 22, 19I31
MINUTES
undue traffic hazards in the surrounding
VP !3
City
of
Newport
Beach
area.
b) The proposed development will not create
undue traffic hazards in the surrounding
area.
c) The applicant has long-term agreements
for the use of the subject off-site
parking lot.
5. The approval of Use Permit No. 1973 will not,
under the circumstances of this case, be
detrimental *v the health, safety, peace,
morals, comfort and general welfare of person
residing and working in the neighborhood, or
be detrimental or injurious to property or
improvements in the neighborhood or the
general welfare of the City.
•
CONDITIONS:
1. That development be in substantial confor-
mance with the approved plot plan and
elevations, except as noted below.
2. That an off-site parking agreement be ap-
proved by the City Council, guaranteeing
that a minimum of forty-five parking spaces
and a portion of twenty-three additional
parking spices shall be provided on Parcels
E, F and H of Resubdivision No. 301 for the
parking of vehicles for the duration of the
shopping center use.
3. That the forty -foot wide Lake Avenue right-
of-way be vacated with right of access to
32nd Street to be reserved for the owner.
4. That the on-site fire hydrant be relocated
in an area approved by the Fire Department,
•
and an appropriate ten -foot utility easement
be dedicated to the City.
5. That a document be executed granting the City
the right to drain storm water from the alley'
---
(and its tributary area) on the southerly
side of the parking lot to and across the
parking lot. The document shall also allow
the City, if desired, to extend the existing
parking lot drain to the aforementioned alley,
-25=
..- •.�`Y " 11 A 1[. '; t WI
COMMISSIONERS January 22, 1981 MINUTES
5 x � U
s & 2 >; City of Newport Beach
ALL
INDEX,
0
0
The document is to be executed prior to
occupancy being granted on any new struc-
tures. The wording shall be approved by
the City Attorney and Public Works Depart-
ment, and the document shall be recorded
with the Orange County Recorder's Office.
6.
'that the City Traffic Engineer shall review
and approve the parking lot and circulation
system prior to the issuance of Building
Permits for the new structure.
7.
That all signs shall,conform to the Sign.
t�
Ordi nance.
8.
That a landscape and irrigation plan shall:
be approved by the Parks, Beaches and
Recreation Department. Said landscaping
shall be implemented in accordance with
the approved plan and the landscaping shall
be permanently maintained.
9.
That all mechanical equipment and the
storage of cartons, containers and trash
shall be shielded from view within the
�•E
building or within areas enclosed by solid
walls or fences..
10.
That all exterior lighting shall be approved"
by the Planning Cepartment.
11.
That a vault with traffic cover acceptable
to the Public Works Department be constructs
aver and around the water and fire service
meters in Lake Street.
u
Commissioner McLaughlin was present for the
meeting at 9:55 p.m.-
CITY OF NEWPORT REACH
C0UNCIL MEMBERS MINUTES
\CALMI�"k
�ROLL 9GN�_ February 14. 1983 INDEX
3. Mayor Hart opened the public hearing and City
U/P 3016/
Council review of USE PERMIT NO. 3016 AND
Resub 738
RESUBDIVISION NO. 738, requests of Oceanfront
(88 b 84)
Views, Redlands, approved by the Planning
Commission at its meeting of January 20, 1983,
to construct a two -unit residential condominium
complex and related off-street parking spaces
in the R-4 District and create one parcel of
land for residential condominium purposes, at
408 East Ocean Front, on the northerly side of
East Ocean Front between Adams Street and
Coronado Street on the Balboa Peninsula.
Report from the Planning Department, was
presented.
The City Manager addressed the Council, stating
that the Applicant is proposing to demolish the
existing single-family structure and construct
a 2 -unit residential condominium complex, which
was approved by the Planning Commission.
After it was determined that no one wished to
.speak on this item, the public hearing was
closed.
Motion
x
Motion was made to sustain the Planning -
Commission's decision of approval.
All Ayes
After discussion, the motion was voted on, and
carried.
•
E. PUBLIC COMMENTS: None.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as indicated,
All Ayes
except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Pass to second
reading and adoption on February 28, 1983:
(a) Proposed ORDINANCE NO. 83-12, being,
Ord 83-12
Veh/Pkg
AN ORDINANCE OF THE CITY OF NEWPORT
(63)
BEACH AMENDING SECTION 12.40.055 OF
THE NEWPORT BEACH MUNICIPAL CODE
REGARDING PARKING OF CERTAIN VEHICLES
IN RESIDENTIAL DISTRICTS(Report from
Assistant to the City Manager)
(b) Proposed ORDINANCE NO. 83-13, being,
Ord 83-13
Penalty
AN ORDINANCE OF THE CITY OF NEWPORT
Provision
BEACH REPEALING SECTION 1.04.030 OF
(70)
THE NEWPORT BEACH MUNICIPAL CODE
REGARDING CREDIT FOR LABOR DURING
IMPRISONMENT (Report from City
®
Attorney). -
Volume 37 - Pane 60
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\CaL\L
ROLL $���'� �� February 14, 1983
IIVU A
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's referral to
the claims adjuster:
(a) Karl Gray and Alan Spann, Orange County
Gray 6
Superior Court, Case No. 39-39-69. Claims
Spann
were filed with the City on July 1, 1980.
(b) Michael Murray Thomas, Orange County
Thomas
Superior Court, Case No..39-40-61. A
Notice of Intention to Commence Action was
filed with the City Clerk on October 15,
1982.
8. REQUEST TO FILL PERSONNEL VACANCIES - For
approval: (Report from the City Manager)
-
(a) One Groundsman -Gardener I, Parks, Beaches
and Recreation.
(b) One Assistant City Attorney, City
-
Attorney's Office.
9. STAFF AND COMMISSION REPORTS - For Council
information and approval:
(a) Report from the City. Manager regarding
Audits/SSM
CONTRACT COMPLIANCE AUDITS
C-2254
(SIMONIS-MORELAND).
(38)
(b) Report from Parks, Beaches and Recreation
PBSR/Srpls
®
Director regarding SURPLUS CAPITAL OUTLAY
FUNDS.
Cptl Ends
(62)
(c) Removed from the Consent Calendar.
(d) STATUS REPORT --COAST HIGHWAY WIDENING
Drft EIR/
DRAFT ENVIRONMENTAL IMPACT STATEMENT from
Coast H'wy
Public Works Department).
Wdng
(74)
(e) Report from City Attorney regarding
AIRPORT LEGAL SERVICES ESTIMATE FROM
JWyn Arpt/
O'DONNELL AND GORDON (C-2331).
`38)Sry
(f) Removed from the Consent Calendar.
10. PUBLIC HEARING SCHEDULING: None,
11. USE PERMIT 1973--SIYTTH'S FOOD KING SHOPPING
U/P 1973
CENTER - Approve an entry agreement allowing
(88)
the City to enter onto the property located at
3100 Balboa Boulevard to connect into an
existing parking lot storm drain with City
alley drain. (Report from Public Works)
Volume 37 - Page 64
-
February 14, 1983,
CITY COUNCIL AGENDA
ITEM.NO.
FROM: Public Works Department
SUBJECT: USE PER14IT 1973 --SMITH'S FOOD KING SHOPPING CENTER
LOCATION: Portions of Parcels No. 1 and No. 3 and all of Parcel No. 2
of Record Survey 35-25, located at 3100 Balboa Boulevard on
the southeasterly corner of Balboa Boulevard and 32nd Street
in Central Newport
APPLICANT: Innovative Graphics, Inc., Orange, California
RECOMMENDATION:
Approve an entry agreement allowing the City :to enter. onto ? .
the property located at 3100 Balboa Boulevard to connect.
into an existing parking lot storm drain with a City alley 1
® drain.
DISCUSSION: i
On January 22, 19811
the Planning Commission conditionally
approved Use Permit 1973. The conditions.of approval required that.the
City be granted the right to drain storm water from the alley (and.its
tributary area) on the southerly side of the parking lot to and'•across
the parking lot and extend the existing parking lot drain to the afore-
mentioned alley.
In order that the City can enter onto the shopping center
property to construct this storm drain extension, the owner (Southern
Pacific Land Co., and William Cagney, lessee) has executed an'appro-
priate entry agreement.
Upon giving the property owner five days' notice, the City
may enter upon the shopping center parking lot to construct the storm .. .
drain extension.
An exhibit is attached for reference.
Benjamin B. Nolan
Public Works Director
RLH:jd
Att.
.... ... ... .. ro , , n �. i . .. .... . ....... o, ... . no;+: -i- . N r'n^.Y:y. ,in «.yrp.t_, rn • d .NY+aK n•^,^t �.:' , � .
LAKE
AVE.
k
�
1
I
i
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-J
1�
LOT A07' DRAW
I
A47ERM4re
PRCAIMP 57dPAl D�PAlN
040 ALTERNATE A"
—. ALTERNATE e'
BAL�gD� BLVD.
CITY OF NEWPORT BEACH DRAWN PALM- DATE z
PUBUC _W0RK QEPARTMENT APPROVED
AGREEMENT FOR PUBLIC WORKS DIRECTOR
ENTRY To CONSTRUCT R.E. NO.
(USE PERMIT /973) DRAWING NO. EX1114SIT
Keely, David
From:
iaglass@aol.com
Sent:
Wednesday, November 18, 2009 1:21 PM
To:
Keely, David
Subject:
Re: 215 30th Street
loam
-----Original Message -----
From: Keely, David <DKeely@newportbeachca.gov>
To: iaglass@aol.com
Sent: Wed, Nov 18, 2009 1:12 pm
Subject: RE: 215 30th Street
Richard,
I'm available on Friday, from 9 to 11 or 2 to 4. Please let me know what time works for you.
Dave
From: iaglassCa@aol.com [mailto:iaglassCcbaol.com]
Sent: Tuesday, November 17, 2009 5:00 PM
To: Keely, David
Subject: Re: 215 30th Street
Dave,
I respectfully disagree. Please give me your availability for this Thursday and Friday, and also for next week.
Richard
-----Original Message -----
From: Keely, David <DKeelyna newportbeachca.gov>
To: iaglass(a)aol.com
Sent: Tue, Nov 17, 2009 4:49 pm
Subject: RE: 215 30th Street
http:/Iwww.newportbeachca.gov/Mod ules/ShowDocument.aspx?docu mentid=2413
Richard
Attached is a link to Council Policy L-18, Protection of Water Quality: Drainage — Public Right of Way. Please review
Item D. You are not in compliance with this Council Policy. The current connection to the storm drain is not per City
Standard (it should be an underground connection) and it was not constructed under an Encroachment Permit with the
City of Newport Beach. Also we will need to execute an Encroachment Agreement for the improvements. We can
definitely discuss this further. When will you be in town next?
Dave Keely
From: iaglass@aol.com [mailto:lag lass(abaol.com]
Sent: Tuesday, November 17, 2009 4:17 PM
To: Keely, David
Subject: Re: 215 30th Street
Dave,
Sorry for the misunderstanding, but I am not going to take responsibility, spend addtional monies, to solve a problem that
is not a problem. We are not breaking any laws, and are not in code violation. We can of course meet to discuss further.
Please advise.
Richard
-----Original Message -----
From: Keely, David <DKeely(a)newportbeachca.gov>
To: iaglass(o)aol.com
Sent: Tue, Nov 17, 2009 3:22 pm
Subject: RE: 215 30th Street
That is the discussion we had in our field meeting a few weeks back.
From: iaglass(oaol.com [mailto:iaglass@aol.com]
Sent: Monday, November 16, 2009 8:17 PM
To: Keely, David
Subject: Re: 215 30th Street
Dave,
I cannot agree to that.
Regards,
Richard
-----Original Message -----
From: Keely, David <DKeelvCcDnewportbeachca.gov>
To: iaglass(a)aol.com
Sent: Mon, Nov 16, 2009 2:07 pm
Subject: RE: 215 30th Street
The City has not made the determination yet to redo the inlet. If we do redo the inlet then you will be responsible to
underground the pipe up to the new inlet and the City will create the hole in the structure. The length that you will be
responsible to under will more than likely be reduced depending on the amount of the alley that needs to be replaced
with the new inlet. If the City does not redo the inlet then you will be responsible to underground the entire distance
and responsible to core through the structure.
From: iaglass(a)aol.com [mailto:iaglass@aol.com]
Sent: Monday, November 16, 2009 2:01 PM
To: Keely, David
Subject: Re: 215 30th Street
Dave,
Thanks for the updates. Bit confused, but I thought that when the city makes the capital improvements to the alley inlet
we would be able to connect our pipes at our property line.
Again, thanks to you and your team for working on making our neighbor a nicer place to live!
Richard
-----Original Message -----
From: Keely, David <DKeely(a)newportbeachca.gov>
To: iaglass(a)aol.com; glassmanrich(a)aol.com
Sent: Mon, Nov 16, 2009 10:25 am
Subject: RE: 215 30th Street
Irena and Richard,
Since we were not able to work out a meeting, City crews went to the alley inlet and modified the inlet grate to
eliminate the hose being pinched as it enters the inlet. Also the crew lengthened the hoses to allow discharge further
down the outlet pipe. This has minimize the amount of noise. Hopefully the noise complaints will diminish while we
work on the final solution. You can expect a letter from me in the next several weeks identifying the improvements
needed to underground the discharge pipe.
Dave Keely
From: iaglass@aol.com [mailto:iaglass(alaol.com]
Sent: Sunday, November 08, 2009 7:32 PM
To: Keely, David
Subject: Re: 215 30th Street
David,
Looking at the times you provided, the week of 11/9 will not work for either of us unless Tuesday, Nov 10 at 3:30pm will
work for you. Otherwise, 1 am available Thursday, Nov 19th at 3pm. Please let me know.
Richard
-----Original Message -----
From: Keely, David <DKeelyna newportbeachca.gov>
To: iaglassC@aol.com; glassmanrich(a)aol.com
Cc: Burckle, Shane <SBurckle(a2)newportbeachca.gov>
Sent: Fri, Nov 6, 2009 1:44 pm
Subject: 215 30th Street
Irena and Richard
Please let me know your availability of meeting on Monday (11/9) between 1:30 and 4:00 or Tuesday (11/10) between 8:00 and
noon to discuss possible temporary solution to the noise, while the final solution is being worked out. Thanks
David Keely, P.E.
Senior Civil Engineer
City of Newport Beach
Tel: (949) 644-3349 Fax: (949) 644-3318
Public Works Deportment — A Well -Engineered Machine
Protecting and providing quality public improvements and services
Keely, David
From:
Auger, Jim
Sent:
Tuesday, December 08, 2009 2:32 PM
To:
Salazar, John
Cc:
Hahn, Ron; Miller, Tom; Keely, David
Subject:
RE: 30th St alley grate
John,
Let's shoot for the first part of February. Mr. Miller will make sure we have a new galvanized grate/frame in stock.
Thanks for your help on this one, I appreciate it.
Jim
From: Salazar, John
Sent: Tuesday, December 08, 2009 11:03 AM
To: Auger, Jim
Cc: Hahn, Ron
Subject: 30th St alley grate
Jim, we are looking at replacing the grate in late January/early February. We want to make sure we don't add to the
traffic congestion on Balboa Blvd.
Thank you,
John