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HomeMy WebLinkAbout03 - Ordinance Related to the Harbor Department Staffing Structure of Two Positions - HandoutReceived After Agenda Printed October 9, 2018 Item No. 3 Q y Council Meeting 10_9_18 Given that you are in the process of amending the Harbor Code, now is the appropriate time to address a serious issue. I am requesting that the City Council revert back to the original language of Harbor Code 17.35.020 as well as 17.60.060 (E) as it existed prior to the Dec. 2013 amendments. Changes to the Harbor Code need to be made carefully, and not as SpsgijaWgislation for the benefit of one person to the detriment of another. It is patently unfair and against the values of this City to favor one citizen of over another. The City Council amended the Harbor Code to benefit John Vallely. This was confirmed in a letter dated Aug. 15, 2013 from Henry Carmack, Vallely's attorney, to the City Council. I just provided a copy of the letter to you. The Carmack letter affirmatively states: "It is my understanding, these proposed amendments come from the City Attorney's office, and have been under discussion for some time. However, it is probably fair to say the Vallely dock situation may have prompted the City Attorney's office to propose the amendments at this time." Mr. Carmack, is admitting that the Harbor Code is being changed solely for Mr. Vallely!! I am here to ask you to go back to the Harbor Municipal Codes, prior to the Dec. 2013 revision, regarding pier encroachments, keeping in mind how it effects the surrounding homeowners. The current code 17.35.020, regarding setbacks, states "with prior approval of the City, piers and slips for commercial property may extend pgaLthe prolongation of the property line." h7el W 17.60.060(E) also eliminated notice to abutting upland property involvement. Why would you secret an action that would be to the detriment of an abutting upland owner? Did you understand that this change would substantially affect me and my property interest? Was this done so that you could enter into the secret settlement agreement without notifying me?? Prior to Dec. 2013, while being sued by John Vallely, the code required notice to abutting upland property owners and also said, "All piers and slips for commercial properties may extend to, but not per, the prolongation of the property line. This ordinance, changing the ability to encroach, was introduced on the Consent Calendar in Nov. 2013. The council accepted the Ordinance without public presentation or any discussion. According to the Staff Report, the changes to Ordinance 2013-27 were put into place under the direction of the Council during the November 12th Study Session. However, it appears the Nov. 12th discussion was exclusively about the computation of the dock fee, the characterization of docks owned by Homeowner Associations, and transfers of residential permits. The proposed Ordinance, which allowed encroachment for one person only (John Vallely), had appeared out of the blue. In 2008, the entire Municipal Code was thoroughly vetted. On May 14, 2013, Ordinance 2013-11 was introduced. It was an Omnibus Bill resulting from the City Attorney's careful review of the entire Municipal Code. It made mostly clerical changes to 200 passages. It made minor changes to 17.35.020. It recommended no changes to subsection 17.35.020 (F) regarding transfer of pier permits. The Municipal Code changes were initiated when Vallely, the owner ofd� 508 S. Bayfront, filed a lawsuit against the City. After Mr. Valleb} in°ihe trial court, he filed an appeal. It was during the Appeals process, that the City entered into a secret settlement agreement and settled the lawsuit with Mr. Vallely, giving him a 50 -year unrestricted lease, that was not substantially similar to the Model Lease. Even though the City was winning in the Appeals Court, in an effort to appease Mr. Vallely, the City folded and gave away my property interest rights in order to resolve litigation with John Vallely. On the August 13, 2013 agenda, John Vallely told the City Council he wanted only to transfer his encroaching docks to family members as a property rights issue. I knew differently as he had already sold his home to a non -family owner. It fell out of escrow because of the pier situation in front of my home. How many years does the Vallely family get to control the public harbor? The trial court judge in the July 18, 2014 lawsuit even commented about this issue. Judge Gastelum said: `Petitioner, Vallely, has not established how his father's expenditure of work and money on a project extends to him 80 years later, under the concept of vested rights. That his family gave him the pier does not establish Vallely's own vested right in the pier. Accordingly, the concept of vested rights does not work in Vallely's favor.' He has already had 80 years, and now has 50 more years, with the possibility it being extended again! Also, I have been told that you were advised by the City Attorney NOT TO READ documents submitted to you by me or on my behalf—is that true? Why are you prohibited from reading the information and being informed? Did you know that the City entered into a secret settlment agreement with Vallely—why was this hidden from you. The judge at the last court hearing even stated that the Vallely lease appeared to be a settlement agreement between the City and Vallely. Where is the transparency??? I also am attaching a letter I sent to the community development department about the current use of the Vallely docks. Are you aware that during this past summer, Groupon sold for East Meets West Whale watching tours the following tickets for tours that leave out of Vallely docks: 70 single tickets; 300 whale watching tickets for two—(600 people) 50 private charter tours for up to 6 people each (300 people)! ! ! ! ! You must all recall that Vallely represented that he was not expanding or changing the use of his dock. In fact, page 3 of the Aug. 15, 2013, Carmack letter stated the same. How is having a potential of increase of 900 cars in the Balboa Island during two months of the summer months, not a change in use? What environmental review has taken place to address the parking, pollution, traffic that this "change in use" has and will generate?? Something needs to be done. I urge you to change back Harbor Code 17.35.020 to what it stated before the amendment in Dec. 2013. I urge you to review the use that Vallely is now utilizing for his dock and either place restrictions or do an environmental study to address the impact his Whale Watching business is causing to the surrounding community. gS� ;49.1 p. CRY S. CARMACK. ATTORNEY AT LAW 474 E. 17th Street, Suits 201 Costa Mesa, California 52627 Tel, 945-642-5648 Fax: 949-642-1588 E-mail: hoarmackapacbell,nat August 15, 2013 Newport Beach City Council City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Re; Newport Beach City Council Regular Meeting of August 13, 2013 Current Business Agenda Item No, 20 Honorable Council Members: I represent John Vallely, owner of the property at 508 South Bay Front, Balboa Island. I have also been a resident of Newport Beach for almost 40 years. Mr. Vallely's property is one of the properties identified by City staff as affected by the proposed amendments to NBMC Sections 17.3 5.020(F) and 17.60.060 —Item No. 20 on the Agenda for August 13, 2013. It is my understanding these proposed amendments come from. the City Attorney's office, and have been under discussion: for some time. However, it is probably fair to say the Vallely dock situation may have prompted the City Attorney's office to propose the amendments at this time. My understanding is that the Vallely dock presents a situation not encountered previously by the City's current Harbor Resource Department, but one that will be encountered for other properties in the future. Initially; it is important to understand what Mr. Vallely asked the Harbor Resources Department to do. Mr. Vallely- s patents owned and resided at 508 South Bay Front for over 75 years. Following his mother's death in 2012, and the administration of his mother's trust that held title to 508 South Bay Front, Mr, Vallely's trust became the owner of the property. Mr, Vallely subsequently applied for a transfer of the commercial pier permit, held in the name of his parents' trust, to his trust. There is nothing more to the application — it is simply a request to change the name on the commercial pier permit following the parent/child transfer. Citing current NDMC Section 17.35.0200(3), the Harbor Resource Manager took the position that Mr. Vallely must go through the process of applying for a new commercial pier permit. Mr, Vallely disputes this interpretation and is prepared to file a writ in Superior Court to compel the transfer. Among other reasons, Mr. Vallely disputes the decision because Section 17.60.060(E) exempts a mmercial piers from the provisions of Section 17.35.020(F)(3). Susan Riddle Expansion of use of docks in front of 508/510 (South Bayfront Feb 21f 2018 at 2:09:01 PM Seimone Jurjis skapik@skapikiaw.com, Duffy Duffield Susan Riddle Leonard Bidart Scott Peotter dianebdixon@gmail.com, 1lnfllIFTu O'Neill sarandirect@gmail.com, Kevin Muldoon ki rstenmauidean@yahoo.com, sharonwegisdesigns@gmaii.com Seimone In reference to our call today, I would like your help in getting a letter from a City official explaining why a Marine Activities Permit is not required for the expansion of use of the docks for East Meets West Whale Watching and Charter Tour business that is run off of Vallely's encroaching docks in front of my home. The January 23, 2014 Planning Commission meeting, Item 5, reports John Vallely explaining that he has managed the property since 1975 and there has never been any reason for a tenant to visit the house. At the time, he reported that he had 6 boat tenants, 5 of which live on Balboa Island and walk to their boats, and one is out of the City. However, many people are buying Groupon tickets for East Meets West and after parking and taking a boat ride, continue to leave their cars while dining or shopping on the Island or Peninsula. The following has been recently sold on Groupon for East Meets West: 70 whale watching tickets (70 people) 300 whale watching tickets for two (600 people) 50 private charter tours for up to 6 people each (300 people) This is a potential increase of 900 cars parking in this area! These tickets are only available for a limited number of days, then others are purchased!! Unacceptable increase in expansion of use! This is a far different scenario than Vallely's description of the non- existent impact on the parking situation... for which he was given a waiver. In the NBMC 17.35.020f #1,2,3 we are told that an expansion or change of use of piers and floats requires a new commercial permit. My understanding is that this expansion will require off-street parking, bathroom facilities and setbacks for the pier. I am hoping that this is ONLY a gross oversight that will be immediately dealt with, and not yet another case of the City catering to John Vallely and allowing him to have special privileges, not afforded to others in the Harbor. John promised the Planning Commission that all of his people accessing his docks came "by foot or by ferry." They obviously don't. He has drastically expanded the use of these encroaching docks. Please explain to me how the City will rectify this and abide by the NEMC. Sincerely,