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HomeMy WebLinkAboutD-7 - Public Hearing on Ocean Front Lot AcquistionI _ == CITY OF NEWPORT BEACH SPARKS, BEACHES & RECREATION DEPARTMENT April 19, 1976 TO: ROBERT L. WYNN, CITY MANAGER FROM: PB & R Director D SUBJECT: PUBLIC HEARING ON OCEAN FRONT LOT ACQUISITION On Monday night, April 26, the City Council will hold a Public Nearing to determine the feasibility of C-ity acquisition of the remaining 15 parcels of land presently under private ownership on Balboa Peninsula. It .has been suggested that the City acquire these lots to eliminate such problems as dogs on the beach, drinking on the beach, etc. For review, the following is noted: 1. An appraisal has been made of the lots, and their combined value is set at $71,500. 2. All 15 property owners were contacted by mail to determine if they wanted to sell. As of today, we have had the following responses: 7-yes; 5-no; 3-unanswered. Value Subject Property Conclusion Yes - Parcel 1 George Vane $ 16,750 ✓ .- � Yes - Parcel 2 Michael Vane v%. 1 - x , 16,500 Yes - Parcel 3 Dorothy Webster 2,25.0 Parcel 4 William Baca 2,50.0 Yes - Parcel 5 Jesse Sell, Jr. 2,750►, No — Parcel 6 Colter Scott 2,750 Parcel 7 W. T. Powell 3,000 Parcel 8 Roy Maring 3,000 ✓ Yes - Parcel 9 Jean Allan 3,250 No — Parcel 10 Mrs. Scott 3,250 No — Parcel 11 Paul Balalis 3,750 No — Parcel 12 Justin Marshall 3,750 No — Parcel 13 Sarah Taylor 2,250 Yes - Parcel 14 Myron Mull 3,500 Yes - Parcel 15 Karl Pottharst 2,250 71,500 3. The State has approved a Land & Water Conservation Fund Grant with 50% matching funds up to a total City/State cost of $59,000. Any expenditures over $59,000 would be the obligation of the City. The lots in question are oceanward of the ocean front sidewalk in Balboa, and their existence in private ownership has caused some policing problems in the. past; especially as they relate to dogs and drinking. A map showing the lots will be on display in the Council Chambers during the Public Nearing. Calvin C. Stewart CCS:h NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regarding the acquisition by the City of all privately owned parcels on the Ocean Front. 5 1S IFIREBY FUF-HERthat the said pub"Lic hearir,.Z, wr11 be held on the 26th da-- -, of April at the hour of 7:30 P.M. in the W3—ncil Chambers of the City Hall.- c,the City of Newport Beach, Callfomia, at wrLich time and place any and all peerzsc--,sL interested may appear and be heard thereon. City of Newport Beach 15 VACANT LOTS ADJACENT TO SOUTHWEST LINE OF OCEAN FRONT LOCATED IN NEWPORT BEACH OWNERS OF PROPERTY Mr. George C. Vane 24033 Bessemer Street Woodland Hills, Calif. 91364 Mrs. Winnetta B. Vane, et al 30811 Miradero Drive Redlands, Calif. 9237.3 Mrs. Dorothy Webster 331 Waverly Street - Apt. 3 Menlo Park, Calif. 94025 Mr. William A. Baca, et al 404 Heliotrope Corona del Mar, Calif. 92625 Mr. and Mrs.. Jesse Sell, Jr. 1009 East Balboa Blvd. Newport Beach, Calif 92661 Mr. and Mrs. Colter Scott 2380 Daventry Road Riverside, Calif. 92506 Mr. and Mrs. W. T. Powell 1.015 East Balboa Blvd. Balboa., Calif. 92661 Mr. Roy Maring 1017 East Balboa Blvd. Balboa, Calif. 92661 Mrs. Jean E. Allan, et al 621 Gilmar Street Anaheim, Calif. 92802 Mr. Mary Dunlap Scott 2380 Daventry Road Riverside, Calif. 92506 Mr. and Mrs. Paul L. Balalis, et al 2400 West Coast Highway, Suite D Newport Beach, Calif. 92663 Mr. and Mrs. Justin E. Marshall .�g 101 PO '�;ox 7 Mrs. Sarah E. Taylor 1137 East Balboa Blvd. Balboa, Calif. 92661 Mr. Myron H. Mull 1223 East Balboa Blvd. Balboa, Calif. 92661 Mr. and Mrs. Karl E. Pottharst 4958 Edgerton Avenue Encino, Calif. 93116 s AFFIDAVIT OF PUBLICATION NEWPORT HARBOR ENSIGN STATE OF CALIFORNIA County of Orange ss. ARVO E. HAAPA being first. I . .................................................. ... ...... duly sworn, and on oath depose and say that I am the printer and publisher of the Newport Harbor Ensign, a weekly newspaper printed and published in the City of Newport Beach, County of Orange, State of California, ------- . and that the_k,QTICr, OF PUBLIC hJ�tlRIIi (,i EGAL NA10E. NOTICE • .................. ..... OF PUBLIC HKARM -..---•......................................... of which *NOTICE IS HEREBY ... G that the City Council copy attached hereto is a true and coirnl *o r e_e copy, was of the'City of Newport Beach printed and published in the regular issue(s) of said will hold a public _hearing newspaper, and not in a supplement, ......... ........ consecu- regarding the acquisition by tive times: to -wit the issue(s) of ;*twu City of all privately A-rr i 3 15, 1976 ' oWW parcels on the Ocean_ ................................. ... " Ftbnl. NOTICE ISHEREBYFUR_ ....... .................................................... . : '1M- - GIVEN that the said pAW hearing wiII be .held • ...................................•----......---- ........ .....................' on the 26th day of April, . 1976,.at -the hour of 7:30 t P.1k. in the Council ChaM.., ............................................. _..................................... hers - of the City Hall of F the City of Newport Beach.. + (Signed).. ....... )....... ..-1. - : ' California, at which . time and place any and .all per- sons,interested may appear Subscribed and sworn to before me this..... . ..day f and Ve heard thereon. • l Dohs George ........................A;.ra 19..7. Acting City CIer1[ C r:...-... 'City of Newport Beach Fub'lisht April 15, 1976, he' the Neo/pprt Harbor Ensign. No4C.y PPcl, in and for tFt Coy of Orange, State of California. A. MY Comrn;�.sion. s f! CITY OF NEWPORT BEACH 214'""'�'IJMACHES AND RECREATION DEPARTMENT Z City Hall March 17, 1976 3300 W. Newport Bl�-c7 Area Code 714 TO: ROBERT L. WYNN, CITY MANAGER FROM: Assistant Director, PB & R STUDY SESSION NO. 8 SUBJECT: OCEAN FRONT APPRAISALS To keep you+ informed, the attached sheet from the appraisal done by Richard H. Fuller of the mentioned properties, will indicate the response received from a communication mailed to the parcel owners request- ing their position on public acquisition by purchase. A sample of the letter mailed to the owners is attached for your information. Also, this analysis is as of March 17, 1976; additions to the list will be updated at the City Council meeting of Monday, March 22, 1976. If further information or data is desired, please advise. RW:h .,,...... ,,. Whitley VALUE CONCLUSION. CONT. Subject Property Value Conclusion Parcel 1 . �; ; .1.: ,F 9 .... .................. $1 6, 750 Parcel 2. :. ....................... $16,500 %5 Parcel 3. ............................... $ 2,250 Parcel 4.°.:.......................... $ 2,500 Parcel 5.....'.F..:=:t ' .. ..................... $ 2,750 Me . Parcel 6...�:...:::...:. ................. $ 2,750. .- •,.. Parcel 7. .::..:. ...`..................... $ 3,000 Parcel 8. .�.",4 .,1. • `� ....................... $ 3,000 Parcel 9..(.�.fw�:'..-�::';'. ...................... $ 3,250 a ------ Parcel 10....................... $ 3,250 Parcel 11...E ` ... :.:'` :.................... $ 3, 750 Parcel 12.. ti-1- :. ^`_.'.,�,,....-.:::":............... $ 3,750 Parcel 13...E ::= :.:..'":................. $ 2,250 Parcel 14.. $ 3,500 .`.. :..::: .. • ............... '...;. e5 15... a °.............................. $ 2,250 qe3 `��Parcel Total $71, 500 f J _3;_ RICHARD A. FULLER. M. A. 1. CITY OF N EW PORrT, BEACH I Mfrs. Dorothy Webster 331 Wavery Street Aparbaent 3 Menlo Park, Ca. 94025 Dear Mrs. Webster: March 8, 1976 RE: Assessor's Parcel No. 48-144-23 (Subject Parcel 3) The City of Newport Beach has retained Mr. Richard A. Fuller, M.A.I., to appraise all of the parcels of land that are ocean - ward of the ocean front street right of way in Balboa Blvd. to determine if acquisition of these parcels by the City of Newport Beach is feasible. You were no doubt contacted by Mr. Fuller during the appraisal process. The City would like to know if you as one of these parcel owners would be interested in selling your property. If your answer is affirmative, we will contact you in the near future as to the appraised value. Over a period of years the City has acquired many of the private parcels and is most anxious to place in public owner- ship the remaining private lands. We would appreciate knowing whether or not you are interested in selling. Will you please so indicate on the enclosed postal card and return it as soon as possible to the Parks, Beaches & Recreation Department? Thank you for your assistance. Sincerely, Calvin C. Stewart, Director Parks, Beaches & Recreation lepartment CCS:h Enclosure ('ilN. Hall - 3300 \cNk'))O1 Bc�ulcvars.l. NumI)ort 13e;►rl,. ('alil��ri}ia `.�`�fiF) J iq CITY OF NEWPORT BEACH '7 PARKS, BEACHES & RECREATION DEPARTMENT Sy Mfivda^PT %;,A.CH June 9, 1975 TO: MAYOR & CITY COUNCIL STUDY SESSION NO..7 FROM: PB & R Director SUBJECT: APPRAISAL OF OCEAN FRONT PROPERTIES We have been notified by the State Department of Parks & Recreation that our application for a Land & Water Conservation Grant for the acquisition of two parcels on Balboa Peninsula has been approved. This $29,000 Grant is on a matching -funds basis and in order to complete the agreement, the State requires us to have an appraisal for the site. We have been notified by Mr. Dick Fuller, M.A.I., that he would provide this service for $2,300. There was some discussion as to whether or not the acquisition by the City of these lots would be in the best interests*of the City because there are prescriptive rights in the area., and it would be difficult to get any type of construction or other types of develop- ment through the. Coast Commission. It is also located in a #1 Fire Zone. However, to eliminate a nuisance, it has been suggested that the lots be acquired. A review of the total ocean front on the Balboa Peninsula reveals that there are several small lots oceanward of the sidewalk that are still in private ownership and, even though the.se lots fit into the category of prescriptive rights and Fire Zone #1, it might be well to consider acquisition of these parcels at the same time. Mr. Fuller has been asked to submit a proposal for the cost of appraising all of the remaining lots on the ocean front, and a copy of his proposal is attached. The Land & Water Conservation Fund cannot be utilized for appraisal purposes. If all of the private. lots are appraised at this time, at a cost of $5,000 to $7,500, not to exceed $7,500, it might be possible to extend the Land & Water Conservation Grant to include them for matching funds for acquisi- tion. A determination must be made as to whether or not the cost of an appraisal can be justified inasmuch as the value of the lots should be minimal due to fire zone regulations, prescriptive rights, Coastal Commission approval for construction, etc. The agreements with the State are in the City Hall ready for signature and are complete with the exception, of course, of the appraisal report. A map of the Peninsula beaches will be on display at the May 27th Study Session to more clearly illustrate the subject properties. CCS:h Calvin C. Stewart N RICHARD A. FUL1,ER, M. A. I. APPRAISER AND CONSULTANT MEM'BE-R. SUITE 655 AMF_RICAN INSTITUTE 07 610 NEWPOR_T CENTER DRIVE REAk. ESTATE APPRAISERS NEWPORT BEACH; CALIFORNIA gZCBO May 16, 1975 Mr. Calvin C Stewart Director Parks, Beaches and Recreation City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Dear Mr. Stewart; AREA CODE 714 TELEPHONE 644-4040 RE: Appraisal of: 17 Ocean Front Lots, Located Between E Street and Alvarado Street, Newport Beach, California At your request, I am submitting this proposal for the appraisal of the above referenced lots . The purpose of this assignment is to estimate the fair market value of said lots, based on my opinion of highest and best use . After previously discussing this matter with yourself, Mr. Wynn. Mr. O'Neil, personnel from the State Department of Parks and Re-creation, and otters familiar with the subject property, it is my opinion that a thorough valuation analysis should include the following factors - The effect on value, of any prescriptive rights, which may have been established by the public. 2) An investigation as to those uses which would be permitted by the State of California Coastal Commission. 3) It is my understanding that these sites are within Fire Zone No. 1 and as such would require additional fire retardant construction. The effect on this requirement upon the highest and best use of the subject property, should be considered. 4) It is my understanding that the subject sites are presently zoned R-1, Single Family Residential. An investigation should be com- pleted which would specifically set out those uses which would be permitted within this zoning classification. Mr. Calvin C . Stewart May 16, 1975. Page Two 5) That the definition of the actual parcel boundaries should be completed prior to the conclusion of value. Following is my understanding of the three sc.utcses of parcel size; 1) Orange County assessor maps . 2) 'those boundaries set out in the 1906 Subdivision Map . 3) A proposal which would establish the southwesterly boundary at the pre sent mean high tide line. After reviewing the Procedure For Preparing An Appraisal Report, prepared by the. State of California Department of Parks and Recreation, it is my conclusion that this report would be comprehensive in content. All supporting factual data, reasoning., computations, photographs, property descriptions, and market data should be set out within the appraisal. Based upon our discussion, all of the above supporting data for each of the ii subject properties, will be included within one appraisal report. My fee for this assignment will range from $5,000 to $7,500, but will in no event, exceed $7,500. The fee estimate will include two copies of the appraisal report, with additional copies to be provided at a cost of $100 per report. I would anticipate 60 to 90 days from the date of authorization, for the completion of these appraisal services . In the preparation of this appraisal report, it would be beneficial if the City of Newport Beach could supply the following items: 1) A written opinion., by the City Attorney's office, that the public does, or does not have a prescriptive right over the subject property. 2) A copy of a current Title Report. 3) A conclusion as to the final boundary determ:ination for the subject properties . 4) Necessary assistance from the City of Newport Beach Public Works Department and Community Development Department. The submission of this report constitutes completion of the services authorized. It is assumed that customary compensation will be provided for any subsequent depositions, conferences, additional preparation, or testimony. If these terms .are acceptable, you may authorize me to proceed by signing and returning the enclosed copy of this letter. I look forward to being of service to the City of RICHAR D A. FULLER. M. A. I. Mr. Calvin C . Stewart May 16, 1975 Page Three Newport Beach on this appraisal assignment. RAF:lj (;y truly yours, . G- \ -10A� Richard A. Fuller, M.A.I. CITY OF NEWPORT BEACH APPROVAL: DATE: RICHARD A. FULLER, M.A. I. A RESOLUTION OF THE CITr. COUNCIL OF THE CITE' OF NF 1+FORT BCHUs'r30I3IZIC ii EYOR AND CILTY O EXECUTE AN' AGREEMENT BETWEEN, THE CITY OF NEWPORT BEACH AND RICHARD A. Y , • ,,., r _,� , la N ULLER IN . CONNECTION WITH THE APPRAISAL OF ICEAN FRONT TOTS IN TPE BALBOA AREA WHEREAS, Richard A. Fuller, M.A.Z. has submitted a proposal in connection wih the appraisal of seventeen ocean front lots in the Balboa area; and WHEREAS, thA City Council has reviewed said proposal and found it to be fair and equitable .and in the best interest of the City; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach approves the proposal of Richard A. Fuller, and the Mayor and City Clerk are hereby authorized and directed to accept and execute the same or, behalf of the City of Newport Beach. ADOPTED this 9th day of yor `=EST June , 1975. By fii: i';' COU�4CiL I-[y g�%F kii;waaaa7 ar&ACH TULLY H. SEYMOUR ATTORNEY AT LAW SUITE 309 36:6 SAN MIGUEL NRIVE NEWPO.RT BEACH, CALIFORNIA 92660 1714) 644-S920 January 21, 1974 The Honorable Mayor and Members of the City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 1974 l`r+n,thCr WO k i3irerfar f�j_*i i.t 1 E. t: 1: Tl c•1}IIifri; _tk_Al�y��7 Re: Blocks A and B, Newport Bay Tract Dear Mr. Mayor and Members of the City Council: I represent Mr. George C. Vane and Mrs.. R. G. Wilkenson who are the owners of the above -references property. The property in question is located on the ocean side of the Balboa Peninsula adjacent to the public beach as shown on the attached drawing. My clients are interested in having the City Council consider purchasing this property for public use. They have paid taxes on the property for many years and have derived no benefit from their ownership. Since there does not appear to be any foreseeable possibility that the property can be developed, it seems only fair that my clients be compensated for the reasonable value of the property. It is my understanding that the Council has previously authorized George Hamilton Jones, M.A.I. to proceed with an appraisal of this property together with other beach lots which remain in private ownership. In view of the impending State bond issue, it would .appear that this is an appropriate time to request that the Council make the acquisition of this property a priority project. Thank you for your consideration of this request. jlg attachment cc: Mr. George C. Vane Mrs. R. G. Wilkenson Ver t u/l%y y urs , �G y- TULLYi . SE UR P,- 0ti CE OT i -9'� N on OGVAIO&09 L 00 tl-4C,fi V/1. 7 v Qz Q� Q) )rl L4J 9"F 0 CV