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Home My WebLink About13 - Harbor Permit #801-001July 26, 1999 Council Agenda Item No. 13 To: Mayor and Members of the City Council From: Tim Riley, Fire and Marine Chief Subject: Harbor Permit #801-001 RECOMMENDATION: If desired, the City Council finds that; (A) Harbor Permit 801 -001 was issued for a shore mooring only, which consists of a mooring stake, mooring line, weight and buoy, and; (B) That any other structure at this location now is existing without a valid permit and shall be abated and removed. BACKGROUND: In 1976 a permit was issued to Jack E. Hildreth to construct a shore mooring at the . south end of Grand Canal (see attached). A shore mooring consisting of a mooring stake, mooring line, weight and buoy was installed and has been maintained in this location since that date. In March of 1999, the Marine Environmental Division received a complaint from a nearby property owner that a pier had been constructed in this location in addition to the shore mooring. The Harbor Permittee, Mr. Hildreth, was contacted and told that his permit only allowed him a shore mooring and that his construction of a pier in this location was in violation of the Newport Beach Municipal Code Section 17.24.010, and that a new permit could not be issued at this location as provided in Section H -1, 32C of the City Council Policies, as follows: 17.24.010. Permit Required for Construction or Alteration. "No person or agency shall build, maintain, extend or make structural alterations on any building, pier, piling, bulkhead, sea wall, reef, breakwater or other structure in, upon or over the waters of Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and flows within the City, or -do any filling, excavating or dredging in said waters or ocean, or on any ocean or bay beach, without first obtaining a written permit to do so from the City. (Ord. 98 -13 § 1,1998: Ord. 96 -10 g 1 (part), 1996)" 11 32. Grand Canal "C. There shall be no new permits issued .for shore moorings or pier platforms bayward of those lots at the extreme south end and north end of Grand Canal." In April, 1999, the Marine Environmental Division contacted Mr. Hildreth in i writing advising him that he was in violation of Section 17.24.010 of the Newport Beach Municipal Code and the pier must be removed. Subsequent to that letter, and as a result of his non - compliance, we began to issue citations on the following dates: I 1). First Citation Warning 4/12/99 2). Second Citation $100.00 4/30/99 3). Third Citation $200.00 5/14/99 4). Fourth Citation $500.00 5/21/99 5). Fifth Citation $500.00 6/4/99 6). Sixth Citation $500.00 6/11/99 As of this date, Mr. Hildreth has failed to remove the unpermitted pier. 0 CJ gppROV ED Bp GATE Ipp PLICATION IS XEFE.:v MMACIE FOR �A �HARBOR R�P/E FJMIT�TO OCNO ❑ ICONSTRU REVISE A�:>`G_GI�fGL.L.� /J •�!Q�jL _ATAT T�VE LOCATION IN ACCOROANCC WRIT THE CITY . ENGR ❑ _. IN6W PORT BEACH PERMIT PDLIC:ES AND TNC ATTZCN EO DRAWING COUNCIL ❑ �.�.�_... wBv ... ... PUBLIC WORKS ❑ DATEO. .. ..... .. DEPT. OAT[ ESCROW Fl INSPECTION r ❑�y_/ / ISIGNATU RE SPECIAL CONDITIONS: COMPANY CITY OF NEWPORT BEACH. CALIF. WK FoaN esnme Mr. Homer L. Bludau City Manager 3300 Newport Blvd. Newport Beach, CA 92663 (949) 644 -3000 Re Dear Mr. Bludau: Jim Hildreth 120 The Grand Canal Newport Beach, CA 92662 (949) 673 -8834 Is 13 July 1999 Regarding Residential Pier 80100011 platform with steps. Thank you, for taking time with me after the 12 of July 1999 council meeting. This letter is in response to our conversation and to aid in clarifying what was being conveyed. The Grand Canal has been a waterway, and has had shore moorings since before the bulkhead was built in the 1940's. My family has used this location since 1968 and has paid taxes annually since 1976. Since the bulkhead was raised in the 1980's, it has become increasingly difficult to access RP80100011, which is entitled "resident pier permitted mooring ". It has been over thirteen years since The Grand Canal was dredged in 1986. As the recent dredging started this year, the sand around RP80100011 was seven feet from the top of the wall. When the dredging was completed, on March 31, the sand was three feet from the top of the wall. However, as of July of this year, the distance from the sand to the top of the bulkhead was six feet, and water erosion will surely increase this spread. In my youth, when the sand got too far to jump down to, stairs at a different location to the north of RP80100011 were used. However, these closest stairs are seventy feet away and on the other side of a drain pipe. Because of fear of law suits, the property owner no longer allows their use. There is a rock buttress sixty feet away from RP80100011 at the southwestern end of The Grand Canal. More rocks have been added, with the recent dredging, to this buttress. RP80100011 could be accessed over these rocks, but caution is needed, because they are loose and slippery. I have seen many children climbing over these rocks and, on a couple of occasions, slipping and cutting themselves. 0 Page 1 of 2 Mr. Bludau RP80100011 13 July 1999 The need for appropriate and safe access to RP80100011 has been discussed with family and friends. The need for a revision to RP80100011 was brought to the attention of the Marine Department. Their response was that a permit is required, but that such a re- quest was a waste of my time and money, because such a permit would not be granted. RP80100011 is a legitimate "resident pier permitted mooring". It is insured for public liability. It is "well constructed and meets City specification for The Grand Canal moorings" according to the Marine Department. All that my family is requesting is reasonable access. I have been told that the City of Newport Beach may even remove property rights to RP80100011. That is to say, my mooring rights will be taken away completely. If this is true, it would be a violation of Due Process and Equal Protection under the Law. If my newly- repaired platform with steps is not allowed for ac- cessing RP80100011, what structure would you recommended for safe and reasonable ingress and egress? Whatever idea or specified structure the City of Newport Beach deems necessary for ap- propriate and safe access for RP80100011, will certainly be implemented. In furtherance, during the council meeting on the 12 of July 1999, it was said that I "agreed with staff" in regards to RP80100011. Please enlighten me as to what this actually means. cc Mr. Wes Armand, Harbor Inspector Page 2 of 2 Sincerely, Jim Hildreth 9 - * 13 Jim Hildreth 120 The Grand Canal Newport Beach, CA 92662 (949) 673 -8834 13 July '1999 Mr. Homer L. Bludau City Manager 3300 Newport Blvd. Newport Beach, CA 92663 (949) 644 -3000 Re: Regarding Residential Pier 80100011 platform with steps. Dear Mr. Bludau: Thank you, for taking time with me after the 12 of July 1999 council meeting. This letter is in response to our conversation and to aid in clarifying what was being conveyed. The Grand Canal has been a waterway, and has had shore moorings since before the bulkhead was built in the 1940's. My family has used this location since 1968 and has paid taxes annually since 1976. Since the bulkhead was raised in the 1980's, it has become increasingly difficult to access RP80100011, which is entitled "resident pier permitted mooring ". It has been over thirteen years since The Grand Canal was dredged in 1986. As the recent dredging started this year, the sand around RP80100011 was seven feet from the top of the wall. When the dredging was completed, on March 31, the sand was three feet from the top.of the wall. However, as of July of this year, the distance from the sand to the top of the bulkhead was six feet, and water erosion will surely increase this spread. In my youth, when the sand got too far to jump down to, stairs at a different location to the north of RP80100011 were used. However, these closest stairs are seventy feet away and on the other side of a drain pipe. Because of fear of law suits, the property owner no longer allows their use. There is a rock buttress sixty feet away from RP80100011 at the southwestern end of The Grand Canal. More rocks have been added, with the recent dredging, to this buttress. RP80100011 could be accessed over these rocks, but caution is needed, because they are loose and slippery. I have seen many children climbing over these rocks and, on a couple of occasions, slipping and cutting themselves. Page 1 of 2 Mr. Bludau RP80100011 13 July 1999 The need for appropriate and safe access to RP80100011 has been discussed with family and friends. The need for a revision to RP80100011 was brought to the attention of the Marine Department. Their response was that a permit is required, but that such a re- quest was a waste of my time and money, because such a permit would not be granted. RP80100011 is a legitimate "resident pier permitted mooring ". It (the newly- repaired platform with :steps) is insured for public liability. It is "well constructed and meets City specification for The Grand Canal moorings" according to the Marine Department. All that my family is requesting is reasonable access. I have been told that the City of Newport Beach may even remove property rights to RP80100.011. That is to say, my mooring rights will be taken away completely. If this is true, it would be a violation of Due Process and Equal Protection under the Law. If my newly- repaired platform with steps is not allowed for ac- cessing RP80100011, what structure would you recommended for safe and reasonable ingress and egress? Whatever idea or specified structure the City of Newport Beach deems necessary for ap- propriate and safe access for RP80100011, will certainly be implemented. In furtherance, during the council meeting on the 12 of July 1999, it was said that I "agreed with staff" in regards to RP80100011. Please enlighten me as to what this actually means. Sincerely, 1vwok Jim Hildreth cc Mr. Wes Armand, Harbor Inspector Page 2 of 2 ____ �, G -, N si 7� •� V 1 CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TIDELANDS - PIER PERMIT STATEMENT HILDRETH, J M PIER NBR: RP80100011 120 GRAND CANAL RUN DATE: 03/08/96 BALBOA ISLAND, CA 92662 LOCATION.OF.PIER: SO END, GRAND CANAL ANNUAL FEES - BILLED 02/01/1996 $75.00 INVOICE 1996 -Oe BALANCE DUE $75.00 TOTAL AMOUNT DUE: $75.00 PAID MAR 141996 CITY OF NEWPORT BEACH DIRECT ALL BILLING INQUIRIES TO THE FINANCE DEPT AT (714)644 -3121 AND ALL OTHER INOUIREIES TO THE MARINE DEPT AT (714) 644 -3044. PENALITIES WILL BE ASSESSED AT 25%.OF FEE FOR EACH MONTH DELINQUENT, UP TO AND INCLUDING 100%, IN ACCORDANCE WITH NEWPORT BEACH MUNICIPAL RESOLUTION *8753. Please detach and return the lower portion of this invoice with your payment Timothy Riley Fire and Marine Chief 3300 Newport Blvd: P.O. Box 1768 Newport Beach, CA 9.2658-8915 NEWPORT BEACH FIRE AND MARINE DEPARTMENT November 12,1998 Bob McCaffrey 1410 South Bay Front Newport Beach, Ca 92662 Re: Grand Canal Mooring Recently, I received a complaint from both you and Mr. Arnold Mills regarding the mooring in the Grand Canal that is bayward from your property. Specifically, you requested the mooring be removed since you did not know who put it in, nor did you know who maintained it. On November 10, 1998, the City Marine Division complied with your request and had the mooring removed. Today, I discovered that the mooring was approved at that location by the City in 1976 and it is listed as a pier permit, hence, I didn't find it on the mooring list when you originally called. Therefore, the permittee, will be allowed to maintain a mooring in that location. The large platform the permittee had there will not be allowed back since it violates the City mooring regulations. If it does reappear, please call me at 644 -3043, and I will arrange to have it removed. I am sorry for this confusion, but it was an unusual situation. Sincerely, Wes Armand Fire and Marine Department Cc: Arnold Mills • e m ; EX /$T. CONC. COG /,C/G A --' la, •40 ",war. �2X o RA /C /aK19 ry /s • is d [�E.vos CENTER 2x4 CROSS B.Pwws K /3•/6dL',E.V09 --, y PLAN 3/8•• = /•O" ELEI! 940 xz z.w. TOP OFCDP /.uG) r claw r -_ =CON 'I EL E VA T %ON g��C/ uG IE�.:,. • : " : -- E13. . OaGONOLU/ G U CoO GP.4G• /T 4OE93 2B O E 0F/ iSiL/✓/GP : G BT E PTEO S9 .STLE' O 0 LAG NBG F 15 Q ea X/0 7- 41- /- 40!-,60. C ?093 DLL L!/MBECd SHdL L BE N O / g9,e A1291 i/ /TN � 6GL 1idXl/�EO- i - 4. C06/ SL'EN CGW NECT /OA1S ANO S rql* ao WUAL. ARE i SEC T /ON A -A ' I I I .� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRAND CANAL - PLATFORM AND STEPS TYPE IT zee. 4.•� ea ,PE ✓JA.v. 24,/979 DRAWN tt 45r DATE 4los/- 13- 7 APPROVE i I� - PUBLIC WORKS DIRED$_ R.E. NO. j DRAWl"840.SM 603 -L 2'x/C 7;e"09 �9" M4X.2 /SEA �'XE" L�3X9Xia',YO -�'� SdPPORTEO BY c Z 2E({7,� ZxZ "r9 /L" Cc EATS zi- A --' la, •40 ",war. �2X o RA /C /aK19 ry /s • is d [�E.vos CENTER 2x4 CROSS B.Pwws K /3•/6dL',E.V09 --, y PLAN 3/8•• = /•O" ELEI! 940 xz z.w. TOP OFCDP /.uG) r claw r -_ =CON 'I EL E VA T %ON g��C/ uG IE�.:,. • : " : -- E13. . OaGONOLU/ G U CoO GP.4G• /T 4OE93 2B O E 0F/ iSiL/✓/GP : G BT E PTEO S9 .STLE' O 0 LAG NBG F 15 Q ea X/0 7- 41- /- 40!-,60. C ?093 DLL L!/MBECd SHdL L BE N O / g9,e A1291 i/ /TN � 6GL 1idXl/�EO- i - 4. C06/ SL'EN CGW NECT /OA1S ANO S rql* ao WUAL. ARE i SEC T /ON A -A ' I I I .� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRAND CANAL - PLATFORM AND STEPS TYPE IT zee. 4.•� ea ,PE ✓JA.v. 24,/979 DRAWN tt 45r DATE 4los/- 13- 7 APPROVE i I� - PUBLIC WORKS DIRED$_ R.E. NO. j DRAWl"840.SM 603 -L Your Premium Reflects the Following Credits or State Surcharges Loss Free Credit Policy Deductible: $ 5000.00 All perils insured against In case of loss under section I, only that part of the loss over the stated deductible is covered. Your Insurer: The Standard Fire Insurance Company One of The Travelers Property Casualty Companies One Tower Square, Hartford, CT 06183 For Your Information THIS POLICY INCLUDES LIMITED BUILDING CODE UPGRADE COVERAGE. Earthquake Coverage is not included in this policy. Coverages E and F include an Additional Residence occupied by the insured at: RESIDENTIAL PIER #RP80100011 BALBOA ISLAND CA 92662 Thank you for insuring with Travelers. We appreciate your business. If you have any questions about your insurance, please contact your agent or representative. -38.00 These declarations with policy provisions HO-3 CA (10-92) and any attached endorsements form your Homeowners Insurance Policy. Please keep them with your policy for future reference. Page 2 of 2 PL- 86521 -BT 676/OKG116 DEC #:3d lual mm=mm os ®ire - tiY:se'� Brandon Powers 2071 Port Bristol Cir Newport Beach, CA 92660 (949) 720 -0532 17 July 1999 Mr. Homer L. Bludau City Manager 3300 Newport Blvd. Newport Beach, CA 92663 (949) 644 -3000 Re: Regarding Residential Pier 80100011 platform with steps. Dear Mr. Bludau: My name is Brandon Powers and I am 15 years old. Recently I rebuilt my own personal boat for the sea experience. The boat is a Lido 14 sailboat. My boat currently is residing in the water at Residential Pier 80100011, located in the Grand Canal near Balboa Island. The owner of Residential Pier 80100011, Jim Hildreth, has donated this perfect location to me for free. I am very appreciative that Jim has donated this mooring to me, because if not, my boating dreams would never have been accomplished. The mooring in which Jim Hildreth has so kindly donated to me currently has a platform with steps on it, which makes it possible for us to access the mooring from the tall sea wall. If the mooring did not contain these steps, I would not be able to use the boat. In the past month I have learned a lot about water, the ocean, and boat safety and operations. I take my friends for a ride around the harbor, and since the last month, I have made many great memories. Also, I feel very lucky and fortunate to have met Jim Hildreth, for he turned fantasy into reality. Sincerely, Qrz.-� Brandon Powers !]. '� _ -'� � . `�' �' }✓, = =: _ _ � �.d 1��... _�. __ _.__ � ' y. .. .__ ..4 ". � .�.. �. �r y � _. %,.. Il __� �� '. l .- YJ - .--CY il �_ . _ _� _ �i ..- ..._ ....... _...._..��... , v � � X .__ _. i w'. i .,i - t iA� i ' V ` P r .._�_ ,. CITY OF NEWPORT BEACH REVENUE DIVISION 3300 NEWPORT BLVE) P. O. 13OX 1768, NEWPORT BEACH, CA 92658 -891 E -Mail Address: RevenucHelp@City .Newport- Beach.ca.us CROSSON, BETTY L. 120 GRAND CANAL BALBOA ISLAND, CA 92662 Service RESIDENT PIERS BUSINESS NO: RPS0101201 NOTICE DATE: 02/11/1999 DUE DATE: 03/09/1999 Qty Unit Price Extension 1 $75.00 $75.00 Total Invoice: $75.00 Adjustments: .00 Penalties .00 Payments: .00 Past Due: .00 Total Amount Due: $75.00 Penalties will be assessed as of April 1st at 25% of fee for each month delinquent, up to and including 100 %,in accordance with Newport Beach Municipal Resolution # 8753. Inquiries regarding your Residential Pier Permit should be directed to the Marine Department at (949) 644 -3044. For billing or payment related questions, please contact the Revenue Division at (949)644 -3142. �� .' P r ea s c;d,.e tack an 'r et u %cn th'e ,t,o wec,� octi on df thtsr.tnv.aicd "with yo'n�r payment `' "` CITY OF NEWPORT BEACH REVENUE DIVISION 3300 NEWPORT BLVD P. O. BOX 1'68. NEWPORT BEACH, CA 92658 -8913 E- iblail Address: RevenueHelp@C7ity.Newport-Beach.ca.us ,; :.. .:r., . y HILDRETH, J M 120 GRAND CANAL BALBOA ISLAND, CA 92662 Service RESIDENT PIERS BUSINESS NO: RP80100011 NOTICE DATE: 02/11/1999 DUE DATE: 03/09/1999 Qty Unit Price Extension 1 $75.00 $75.00 Total Invoice: $75.00 Adjustments: .00 Penalties .00 Payments: ,00 Past Due: .00 Total Amount Due: $75.00 Penalties will be assessed as of April 1st at 25% of fee for each month.. delinquent, up to and including 100%,in accordance with Newport Beach Municipal Resolution # 8753. Inquiries regarding your Residential Pier Permit should be directed to the Marine Department at (949) 644 -3044. For billing or payment related questions, please contact the Revenue Division at (949)644 -3142.