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107-2296
J \j ADDRE`SS OF FACILITY, PERMIT # - K, BUYERS' NAME(S) DATE TELEPHONI< FEE CHECK NO� I MAILING ADDRESS DATE APPLICA'�I N- IS HEffEby RADF TO TRANSFER HARBOR PERMIT ''APPROVED BY: i�OCHD C� - ' - -is�` BUYERS' NAMES) SELLERS NAME(S) ❑ (ABOVE NAMES �TOBETYPED) ENG - { r COUNCIL :- - SIGNATURE OF SELLER. SIGNATURE OF BUYER PUBLIC WORKS DEPT..,gjGNgTURE OF BUYER Sl�NA7URE OF SELLER INSPECTION ' SSfiiFiTt� ¢3F� INT AWNR z• A'p- ROVED- (DATE) APPEl L'IGATION ElCITY HARBOR Lov.v INATOR' COUNCIL IN ACCORDANCE WITH TITLE 17 SPECIAL CONDITIONBh THIS PERMIT IS REVO CABLE BY THE.C-ITY OF THE MUNICIPAL CODE. CITYOF NEWPORT BEACH, CALIF. WX FORM 06.1013 REV. � MARINERS ESCROW CORPORATION City of Newport Beach Marine Division P. O. Box 1768 Newport Beach, CA 92658 Attn: LES Re: Permit #107 Enclosed please find the following: Our check for $163.00 represents the Transfer Fee. Completed and signed Transfer of Ownership Card 190 Newport Center Drive, Suite 250 Newport Beach, California 92660 Post Office Box 8808 Newport Beach, California 92658 Phone (714) 640-6040 Fax (714) 721-8157 Date: August 2, 1997 Escrow No.: 14451-MS Should you have any questions or need any further assistance, please do not hesitate to contact the undersigned. Thank you. Mariners Escro Corporation P Amburgey for Marilyn Sauter Escrow Officer �F'W Pp,4T CITE' OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 CgGIFORN P July 29, 1997 Mariners Escrow Corp P.O. Box 8808 Newport Beach, Ca. 92659 RE: Harbor Permit #107-2296-1, for 2296 Channel Road, Newport Beach, Escrow #144519-MS Sirs: Regarding a pier permit transfer for the above mentioned property, the structure was inspected on July 28, 1997, at which time it was determined that it conforms to City standards. Once we have the Transfer Application card, with both the buyer and seller signatures, and the remaining $163 for the transfer fee, the permit will be transferred. Sincerely, 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH U ? P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 c �P \ /FORN July 24, 1997 Mariners Escrow Corporation 190 Newport Center Drive Newport Beach, Ca. 92658 Re: Harbor Permit 107-2296-1 for 2296 Channel Road, Newport Beach Escrow # 144519-MS Sirs: The City of Newport Beach Fire and Marine Department has received a request to transfer pier permit 107-22960-1 for the above mentioned property. The facility was inspected on July 23, 1997. We cannot transfer the pier permit until the following deficiency has/have been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: 1. A City -approved anti -syphon device is required at the water connection for the water supply to the pier and float. A sketch showing the approved type of device and its installation is enclosed. This requirement is in accordance with Title 17 of the California Administrative Code. The Newport Beach City Council Harbor Permit Policies state: 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City' s minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All deficiencies must be corrected prior to transfer of the permit." PLEASE ADVISE THIS DTMIINI' WHEN THE ABOVE DEFICIENCIES HAVE BEEN CORRECTED.te call 644-3044 to request a re -inspection. Wes Armand Harbor Insp 3300 Newport Boulevard, Newport Beach MARINERS ESCROW CORPORATION City of Newport Beach Marine Division Newport Pier Newport Beach, CA 92663 Attn: WES ARMAND Re: 2296 Channel Road, Newport Beach 190 Newport Center Drive, Suite 250 Newport Beach, California 92660 Post Office Box 8808 Newport Beach, California 92658 Phone (714) 640-6040 Fax (714) 721-8157 Date : July 7, 1997 Escrow No. : 14451-MS Our check in the amount of $163.00 represents the Pier/Slip Inspection Fee. Please inspect and advise. Should you have any questions or need any further assistance, please do not hesitate to contact the undersigned. Thank you. Mariners Escrow Corporation am Amburgey for Marilyn Sauter Escrow Officer �3Marine Consultin &Ides" �276 CHAA1111-�. � Design 21100 WEST COAST HWY. SUITE I' NEWPOFIT UEACH, CA 92663 Ax1G,1-1a L� Ci944"4 c J f'' 1,4 (7 �4 L ' 7 //7 74l rL,' QRaFFss%,� � OF CCALk� 4 s -r4 t t_ _ _ _ da�cka_�t_�oanent-per_cubic_YArd--- _t15,OQO..pBi.At..2.t -Aa7n— '° t VN Ultimate �-- u « --____16Zt-0 ?D—paj I olr to spiral a 7 « initial_f�orce_pere+trabd_Q,16.01be. 1/2 a a� Stran ---... -- bo y. .. �lorking_.�o>i'CR_..pox_�trand_.24.�$.00� Total working foreg_ _1��b00 Abe 2 123 __... rn lR, 450 chamfer HARB R PRECAST COMPANY tgpicalp top LONG BEACH. CALIFORNIA and bottom PRESTPESSED CONCRETE PILES 14" ROM DRAWN cH[cKEO APPROV[O _ CAT[ �c��.r DWG NO. - ►ORY NO CO A 000 12.09 T.Agy ._._.............. df .4 I I Pro fjerl ie5 .Sed i o n j .-Area ITt- JeC-fIon ✓V44elc4 6641 / S 1✓ 11,17 S !1 � 2' 5, <110el / 7.5 ,, C_ o 6 py eel �L1 4? �G)��1/l/"l'_tSI1./(' rc, U (113�! 2 7e 0.), 4 M6rme,,t /ifnle r. 0 21. q ti) Az 2. T), 66 AX ' IV46meni btn,e� 1< q �'hsil .;• rCs ^ c S". `�� GJ_- l r't Ic�'rt r i j i L e- ,t,--Zf 12 �S i /7' 20 21/ Z 2- 23 L� s7 rz 27 Z3 0-? -7 0 3/ Z- -?'S 6,5, - relvosl���v r9G i�4Lq /610 17r, fn ..1� F 7�Si?V"3V I-) .77 WALKER, KENDRICK & JA�..x SON A<FSROFESSIONAL LAW CORPORATION JOSEPH A. WALKER JOHN J. KENDRICK, JR. LAURA A. MYERS C. BENNETT JACKSON, JR. ALLAN P. LEGLIAY GARY WRIGHT CAROL A. BROWN November 30, 1992 Tony Melum City of Newport Beach Marine Department 70 Newport Pier Newport Beach, CA Dear Mr. Melum: Enclosed is a Civil Subpena and Agreement to Appear on an "On Call" Basis at the trial of Ryffel v. Grasso scheduled to begin on December 7, 1992 in Department 23 of the Orange County Superior Court. I will try to give you 48 hours notice if possible and at least 24 hours notice. Please sign the Agreement to Appear on an On Call Basis and return it to me in the enclosed pre -addressed posted envelope. If you have any questions please do not hesitate to call me. Otherwise, I will call you when your appearance is necessary at trial. Thank you for your cooperation. Very truly yours, ON SECURITY PACIFIC BANK BUILDING 4000 MacARTHUR BOULEVARD EAST TOWER - SUITE 450 NEWPORT BEACH, CALIFORNIA 92660-2530 TELEPHONE: (714) 752-2522 - FACSIMILE: (714) 752-0439 AGREEMENT TO APPEAR AS WITNESS AT TRIAL ON AN ON -CALL BASIS I, TONY MELUM, understand that I have been named by the plaintiffs as a witness at the Ryffel v. Grasso trial. I understand that the subpoena served upon me constitutes an order from the Superior Court that I appear on the first morning currently set for trial and await the time my testimony will be needed, which could constitute days, absent special agreement with Walker, Kendrick & Jackson. Therefore, pursuant to this special agreement, I will make myself available for testimony at the trial of the above -entitled action at the Orange County Superior Court located at 700 Civic Center Drive West, Santa Ana, California at the time specified by the Law Offices of Walker & Kendrick, upon twenty-four (24) hours notice of the required appearance. Dated: TONY LUM ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY (714) 752-2522 JOHN J. KENDRICK, JR. Walker, Kendrick & Jackson 4000 MacArthur Boulevard, Suite 450 Newport Beach, California 92660-2530 ATTORNEY FOR (Name): CHARLES F. RYFFEL, and MARJORIE D. NAME OF COURT: ORANGE COUNTY SUPERIOR COURT STREETADDRESS: 700 Civic Center Drive West MAILING ADDRESS: CITY AND ZIP CODE: Santa Aria 92701 BRANCH NAME: PLAINTIFF/PETITIONER: CHARLES F. RYFFEL, and MARJORIE D. RYFFEL, DEFENDANT/RESPONDENT: ALBERT GRASSO, and LOIS GRASSO, and DOES 1 through 10, inclusive, CIVIL SUBPENA CASE NUMBER: Duces Tecum 65 14 31 THE PEOPLE OF THE STATE OF CALIFORNIA, TO NAME): Tony Melum City o Newport Beach Marine Department 1. YOU ARE ORDERED TO APPEAR AS A WITNESS in this action at the date, time, and place shown in the box below UNLESS you make a special agreement with the person named in item 3: a. Date: December 7, 1992 Time: 9: 00 a.m. ® Dept.: 23 [___1 Div.: = Room: b. Address: Orange County Superior Court, 700 Civic Center Drive West, Santa Ana California 92701 2. AND YOU ARE a. ® ordered to appear in person. b. not required to appear in person if you produce the records described in the accompanying affidavit and a completed declaration of custodian of records in compliance with Evidence Code sections 1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope (or other wrapper). Enclose your original declaration with the records. Seal them. (2) Attach a copy of this subpena to the envelope or write on the envelope the case name and number, your name and date, time, and place from item 1 (the box above). (3) Place this first envelope in an outer envelope, seal it, and mail it to the clerk of the court at the address in item 1. (4) Mail a copy of your declaration to the attorney or party shown at the top of this form. c. 0 ordered to appear in person and to produce the records described in the accompanying affidavit. The personal attendance of the custodian or other qualified witness and the production of the original records is required by this subpena. The proce- dure authorized by subdivision (b) of section 1560, and sections 1561 and 1562, of the Evidence Code will not be deemed sufficient compliance with this subpena. 3. IF YOU HAVE ANY QUESTIONS ABOUT THE TIME OR DATE FOR YOU TO APPEAR, OR IF YOU WANT TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED, CONTACT THE FOLLOWING PERSON BEFORE THE DATE ON WHICH YOU ARE TO APPEAR: a. Name: JOHN J. KENDRICK, JR. b. Telephone number: (714) 752-2522 4. Witness Fees: You are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you request them at the time of service. You may request them before your scheduled appearance from the person named in item 3. DISOBEDIENCE OF THIS SUBPENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: November 30, 1992 ar.oAy �j :, 0� Gary. l..GranviUe..... . OR PRINT NAME) Ali" FOR (See reverse for proof of service) I N PE COUNTY CLERK OF THE SUPERIOR COURT (TITLE) FormAdoptedopncilof Rule982 CIVIL SUBPENA Code of Civil Procedure,§§ 1985, 1986, 1987 Judicial Council of California 982(a)(15) (Rev. January 1, 1991). PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: PROOF OF SERVICE OF CIVIL SUBPENA 1. 1 served this = Subpena = Subpena Duces Tecum and supporting affidavit by personally delivering a copy to the person served as follows: a. Person served (name): b. Address where served: c. Date of delivery: d. Time of delivery: e. Witness fees (check one): (1) were offered or demanded and paid. Amount:...... $ (2) were not demanded or paid. f. Fee for service: .................. $ 2. 1 received this subpena for service on (date): 3. Person serving: a. 0 Not a registered California process server. b. California sheriff, marshal, or constable. c. Registered California process server. d. Employee or independent contractor of a registered California process server. e. Exempt from registration under Bus. & Prof. Code section 22350(b). f. Registered professional photocopier. g. Exempt from registration under Bus. & Prof. Code section 22451. h. Name, address, and telephone number and, if applicable, county of registration and number: declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (For California sheriff, marshal, or constable use only) I certify that the foregoing is true and correct. Date: (SIGNATURE) (SIGNATURE) 982(a)(15) (Rev. July 1,1987) PROOF OF SERVICE Page two CIVIL SUBPENA JAMES R. MOORE' MARCIA A. FORSYTH PAUL FREDERIC MARX WILLIAM M. MARTICORENA WILLIAM R. BIEL JAMES L. MORRIS RICHARD A. CURNUTT ANNE NELSON LANPHAR LEONARD A. HAMPEL WILLIAM J. CAPLAN JOHN B. HURL UT, JR. MICHAEL T. HORNAK MICHAEL W. IMMELL JANICE L. CELOTTI MILFORD W. DAHL, JR. PHILIP D. KOHN THEODORE I. WALLACE, JR.- JOEL D. KUPERSERG RONALD P. ARRINGTON STEVEN A. NICHOLS RICHAR0 P. SIM5 THOMAS G. BROCKINGTON MARSHALL M. PEARLMAN' WILLIAM W. WYNDER ROBERT C. BRAUN EVRIDIKI(V I CKH DALLAS ROGER A. GRABLE' RANDALL M. BABSUSH EDWARD D. SYBESMA, JR.' MARY M. GREEN THOMAS S. SALINGER' PHILIP M. PRINCE DAVID C. LARSEN' THOMAS J. CRANE CLIFF RD E. FRIEDEN JOHN L. FELLOWS III MICHAEL D. RUBIN MARK B. FRAZIER IRA G. RIVIN' KARIN T. KROGIUS JEFFREY M. ODE R MAN' M. KATHERINE JEN50N JOSEPH D. CARRUTH DUKE F. WAHLQUIST -STAN WOLCOTT' RICHARD G. MONTEVIDEO R08ERT S. BOWER LORI SARNER SMITH DAVID J. ALESHIRE ERNEST W. KLATTE, III RUTAN & TUCKER ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS BANK OF THE WEST, SUITE 1400 611 ANTON BOULEVARD COSTA MESA, CALIFORNIA 92626-1998 DIRECT ALL MAIL TO: P. O. BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 TELEPHONE (714) 641-5100 (213) 625-7586 TELECOPIER (714) 546-9035 A. W. RUTAN (I860-1972) JAMES B. TUCKER, SR. (1888-1..0) MILFORD W. DAHL, SR. (1919-1988) H. RODGER HOWELL (1925-19831 November 23, 1992 Mr. Tony Melum City of Newport Beach Marine Department 70 Newport - Pier 9 Newport Beach, CA 92663 ELIZABETH L. HANNA PAMELA J. ROBERTS DEBRA J. DUNN JAMES R. ROUSE DAVID H. HOCHNER CAROL L. DEMMLER SCOTT R. PINZOHE STEWART PRESSMAN MARK SMITH FLYNN PATRICK D. MCCALLA JAMES P. FINERTY RICHARD K. HDWELL KATHY FORBATH ESFAHANI A. PATRICK MUNOZ DAVID B.COSGROVE SUSAN K. MEYER KIM D. THOMPSON SHEILA R. VAZQUEZ JAYNE TAYLOR KACER ELLEN 5. BANCROFT HANS VAN LIGTEN FRANK W. BATTAILE MATTHEW K. ROSS CARRIE E. PHELAN STEPHEN A. E1_1_15 MELT SSA G. DANT JEFFREY WERTHEIMER MARK A. THOMPSON ROBERT O. OWEN JAMES G. KAY ADAM N.VOLKERT DEBORAH L.HUENNEKENS JEFFREY A. GOLDFARB PAUL J. SI EVERS SANFORD SHATZ KAREN S. MANNING F. KEVIN BRAZIL S. DANIEL HARBOTTLE LAYNE H. MELZER DAVINA F. HARDEN L. SKI HARK ISON INA RAILEANU DAN SLATER A PROFESSIONAL CORPORATION GARVIN F. 5HALL ENBERGER DAVID J. GARIBALDI, III OF COUNSEL Re: Charles F Ryffel and Marjorie D. Ryffel v. Albert Grasso and Lois Grasso, et al. Dear Mr. Melum: To confirm our November 19, 1992, telephone conversation, trial in the above -referenced matter is scheduled to go forward beginning on December 7, 1992, at 9:00 a.m. in Department 23 of the Orange County Superior Court. I understand that you expect to be available for testimony that week, but that you are on -call for jury duty every Tuesday during December. Pursuant to the "on -call" letter which you previously signed, you will not need to appear at trial at 9:00 a.m. on December 7. Rather, you have agreed to appear at trial when called by this office without the necessity of again being served with a subpena. We will attempt to provide as much advance notice of when you will need to testify, and we would appreciate every effort you could maktr r-� L., e ;.a,,. i ng the c of trial of course, e L rciCtuiii asTv'cil.lci�.J...c LaLtri..:>,j c..i_ :'Te�_k - �. should you be called to jury duty and be unavailable for trial, your appearance will not be required. Should you have any questions, please do not hesitate to contact either myself or Clifford Frieden of this office. Thank you for your continued cooperation in this matter. Very truly yours, RUTAN & TUCKER Robin L. Hardy Paralegal cc: Clifford E. Frieden, Esq. FS1\400\034819-0146\26030. 11/23/92 < ' E LE PtiON E NO FOR COURT Use ONLY ArToRN(y OR oARTv WITHOUT Ar'ORNEt 71 4 ) 641 - 51 0 0 CLIFFORD E. FRIEDEN �_ RUTAN & TUCKER (. 611 ANTON BLVD., STET. 1400 COSTA MESA, CA 92626 ATTORNEY 9OR 4'sm�) ALBERT & LOIS GRASSO ATTCRNEy 8ARe 61185 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE 700 Civic Center Drive West Post Off Ice Box 838 Santa Ana, CA 92702-0838 PLAINT] FFiPETITION ER: i , AND FARJORIE D. RYFFEL DEFENDANT.'RESPONDENT: ALBERT GRASSO, AND LOIS GRASSO, and DOES 1 through 10, inclusive, i CASE NUMBER: CIVIL SUBPENA 651431 = Duces Tecum THE PEOPLE OF THE STATE OF CALIFORNIA, TO (NAME) : TONY MELUM rn Q (O M O N m 0 u_ 1. YOU ARE ORDERED TO APPEAR AS A WITNESS in this action at the date, time, and place shown in the box below UNLESS you make a special agreement with the person named in item 3: a. Date: JUKE 8, 1992 Time: 9 : 00 A. M23.J Dept.: = Div.: Room: b. Address: 700 CIVIC CENTER DRIVE WEST, SANTA ANA, CA 92701 2. AND YOU ARE a. FTI ordered to appear in person. b. not required to appear in person if you produce the records described in the accompanying affidavit and a completed declaration of custodian of records In compliance with Evidence Code sections 1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope (or other wrapper). Enclose your original declaration with the records. Seal them. (2) Attach a copy of this subpena to the envelope or write on the envelope the case name and number, your name and date. time, and place from item 1 (the box above). (3) Place this first envelope in an outer envelope, seal it, and mail it to the clerk of the court at the address in item 1. (4) Mail a copy of your declaration to the attorney or party shown at the top of this form. C. a ordered to appear in person and to produce the records described in the accompanying affidavit. The personal attendance of the custodian or other qualified witness and the production of the original records is required by this subpena. The proce- dure authorized by subdivision (b) of section 1560, and sections 1561 and 1562, of the Evidence Code will not be deemed suffficient compliance with this subpena. 3. IF YOU HAVE ANY QUESTIONS ABOUT THE TIME OR DATE FOR YOU TO APPEAR, OR IF YOU WANT TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED, CONTACT THE FOLLOWING PERSON BEFORE THE DATE ON WHICH YOU ARE TO APPEAR: a. Name: CLIFFORD E. FRIEDEN b. Telephone number: ( 71 4 ) 641 -51 00 4. Witness Fees: You are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you request them at the time of service. You may request them before your scheduled appearance from the person named in item 3. DISOBEDIENCE OF THIS SUBPENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: ' OOJT.: oRq't'n _ Gary . Granville • ..... • ..... — C�;'►••, �. ,TYPE OR PRINT NAME) \ rt ems'•. 'ri+;•,� c1jiFOR�4 (See reverse for proof of service) ® Form Adooted by Rule 982 CIVIL SUBPENA Judicial Council of California 982(a)(15) IRev. January 1• 19911 OF eVsoN ISSUING SUBPENA) (TITLE) Code of Civil Procedure, i i 1985. 1986. 1987 PLAINTIFF/PETITIONER: CHARLES F. RYFFEL, and MARJORIE D. CASE NUMBER: FYFFEL, 651431 DEFENDANT/RESPONDENT: ALBER PROOF OF SERVICE OF CIVIL SUBPENA 1. 1 served this = Subpena = Subpena Duces Tecum and supporting affidavit by personally delivering a copy to the person served as follows: a. Person served (name): b. Address where served: c. Date of delivery: d. Time of delivery: e. Witness fees Icheck one) : (1) were offered or demanded and paid. Amount:.... $ (2) Q were not demanded or paid. f. Fee for service:...... ... $ 2. 1 received this subpene for service on (date) : 3. Person serving: a. �] Not a registered California process server. b. 0 California sheriff, marshal, or constable. c. Registered California process server. d. 0 Employee or independent contractor of a registered California process server. e. Exempt from registration under Bus. & Prof. Code section 22350(b). f. [� Registered professional photocopier. g. Exempt from registration under Bus. & Prof. Code section 22451. h. Name, address, and telephone number and, if applicable, county of registration and number: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: I (SIGNATURE, (For California sheriff, marshal, or constable use only) I certify that the foregoing is true and correct. Date: ISIGNAT URE 9821s051 IR.. Janwry 1 19911 PROOF OF SERVICE ►•W two i CIVIL SUBPENA GARVIN F. SHALLENBERGER JAMES R. MOORE' DAVID J. ALESHIRE MARCIA A FORSYTH PAUL FREDERIC MA-' WILLIAM M. MART ICORENA WILLIAM R. BIEL DAMES L. MORRIS RICHARD A. CURNUTT AN NE NELSON LANPHAR LEONARD A. HAMPEL WILLIAM J. CAPLAN JOHN B. HURLBUT, JR. MICHAEL T. HORNAK MICHAEL W. IMMELL JANICE L. CELOTTI M ILFORD W. DAHL, JR. PHILIP D. KOHN THEODORE I. WALLACE, JR.- JOEL D. KUPERBERG RONALD P. ARRINGTON RICHARD P. SIMS STEVEN A. NICHOLS THOMAS G. BROCKINGTON MAR 5HALL A.PEARLMAN' ROBERT C. BRAUN WILLIAM W. WYNDER EV RIDIKI (VICKI) DALLAS ROGER A. GRABLE RANDALL M. BASBUSH EDWARD D. SYBESMA, JR.- MARY M. GREEN THOMAS S. SAILING R' PHILIP M. PRINCE ROBERT W. ALBERTS THOMAS J. CRANE DAVID C. LARSEN* JOHN L. FELLOWS III CLIFFORD E. FRIEDEN MARK B. FRAZIER MICHAEL D. RUBIN KARIN T. KROGIUS IRA G. RIVIN' M. KATHERINE JENSON JEFFREV M. ODERMAN' DUKE F. WAHLQUIST JOSEPH D.CARRUTH STAN WOLCOTT' ROBERT S. BOWER RICHARD G. MONTEVIDEO LORI SARNER SMITH ERNEST W. KLATTE, III RUTAN & TUCKER ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS BANK OF THE WEST, SUITE 1400 611 ANTON BOULEVARD COSTA MESA, CALIFORNIA 92626-1998 DIRECT ALL MAIL TO: P. O. BOX 1950 COSTA MESA, CALIFORNIA 92628-19SO TELEPHONE (714) 641-5100 (213) 625-7S86 TELECOPIER (714) 546-9035 A. W. RUT AN (1880-1972) JAMES B. TUCKER, SR. (1888-1950) MILFORD W. DAHL, SR. (1919-1988) H. RODGER HOWELL (1925-1983) May 27, 1992 Mr. Tony Melum City of Newport Beach Marine Department 70 Newport - Pier 9 Newport Beach, CA 92663 ELIZABETH L. HANNA DAVID H.HOCHNER JAMES R. ROUSE CAROL L. DEMMLER 5 COTT R. PINZONE STEWART PRESSMAN MARK SMITH FLYNN PATRICK D. MCCALLA JAMES P. FINERTY RICHARD K. HOWELL KATHY FORBATH ESFAHANI A. PATRICK MUROZ DAVID B. COSGROVE SUSAN K. MEYERf KIM D. THOMPSON SHEILA R. VAZQUEZ JAYNE TAYLOR KACER RUTH ANN CRANDALL H ANS VAN LIGTEN ELLEN 5. BA CROFT MATTHEW K. ROSS ROBERT E. HENKE STEPHEN A. ELLIS FRANK W. BATTAILE JEFFREY WERTHEIMER CARRIE E. PHELAN MICHAEL D. TURNER HAVEN S. PETERSEN ROBERT O. OWEN MELISSA G. DANT ADAM N.VOLKERT MARK A. THOMPSON JEFFREV A. GOLDFARB JAMES G. KAY SANFORD SHATZ DEBBIE L. HUENNEKENS F. KEVIN BRAZIL PAUL J. SIEVERS LA NE H. MELZER KAREN MEYERS L. SKI HARRISON JANE GRILLIOT STEVEN W. SPRECHER KAREN BURKE SARAH J. KNECHT DAN SLATER S. DANIEL HARBOTTLE DAVINA F. HAIMOV PAMELA J. ROBERTS JAMES S. WEISZ INA RAILEANU Re: Charles F. Ryffel, and Marjorie D. Ryffel, v. Albert Grasso, and Lois Grasso, et al. Dear Mr. Melum: You have been served with a subpena to appear and testify at the trial of the above -entitled matter at the date and place specified in the subpena. Under California Code of Civil Procedure Section 1985.1, you need not appear at the time specified in the subpena if you will agree to remain available and to appear in the court at a subsequent date and time upon our request. While you have no obligation to enter into such an agreement, it does avoid the necessity of your appearing on the date specified in the subpena and then being ordered by the judge to return at some later date and remaining until it is actually time for your testimony. If you are agreeable to being available to testify in court upon notification from our office, you should sign the copy of this letter indicating such agreement and inserting both a business and home phone number where we may reach you. If you are agreeable to this arrangement, we will give you as much advance notice as possible. You should understand that your testimony could take place quite a number of days after the date specified in the subpena, and you must be generally available through the phone numbers listed below. We would, of course, advise you of the exact location and courtroom number at that time. While we would hope that you are agreeable to the suggested arrangements under California Code of Civil Procedure RUTAN & TUCKER ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS Mr. Tony Melum May 27, 1992 Page 2 Sections 1985 and 1985.1, it will be absolutely necessary for you to appear in court at the time and date specified in the subpena should you not agree with this arrangement. We are pleased to be in a position to offer you this opportunity to avoid inconvenience and will try to give you every cooperation possible. Very truly yours, RUTAN & TUCKER Clifford E. Frieden CEF/ph I agree to be available to testify in the above matter on or following the court date specified in the subpena served on me upon being notified by the law firm of Rutan & Tucker that my presence is required. Should the trial be continued to a future date, I agree to be available to testify for trial following that future date upon receiving notification in writing of the new trial date and without the necessity of the service of a further subpena. It is my understanding that in reaching this agreement under California Code of Civil Procedure Section 1985.1, that I will not have to appear on the date specific in the subpena but only upon being called by the law firm of Rutan & Tucker. I further understand that this arrangement applies only to the subpena served upon me by Rutan & Tucker and does not in any way affect the requirement of my presence in court pursuant to a subpena that may have been served upon me by any other party or law firm. AGREED: RESIDENCE PHONE NO. BUSINESS PHONE NO. 4/047/034819-0146/000 4/047/034819-0146/120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20' 21 22 23 24 25 26 27 M CLIFFORD E. FRIEDEN (Attorney Bar No. 61185) RUTAN & TUCKER 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 (714) 641-5100 JOSEPH E. THOMAS PETTIT & MARTIN 4695 MacArthur Court, Suite 1200 Newport Beach, California 92660 (714) 476-0117 Attorneys for Defendants SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE CHARLES F. RYFFEL, and MARJORIE D. RYFFEL, Plaintiffs, VS. ALBERT GRASSO, and LOIS GRASSO, and DOES 1 through 10, inclusive, Defendants. CASE NO. 65 14 31 (DIFFERENTIAL CASE MANAGEMENT - JUDGE RONALD L. BAUER - DEPARTMENT 23) AFFIDAVIT OF CLIFFORD E: FRIEDEN IN SUPPORT OF SUBPENA DUCES TECUM [CCP §2015.51 I Trial Date: June 8, 1992 Time: 9:00 a.m. Dept: 23 I, Clifford E. Frieden declare: 1. I am an attorney duly licensed to practice law in the state of California and am a member of the law firm of Rutan & Tucker, attorneys of record for defendants Albert and Lois Grasso. 2. Good cause exists for the production of the documents requested by the attached Subpoena in that they relate to Marine Department requirements involving the construction of improvements on and beyond the property owned by defendants (Mr. and Mrs. Al Grasso), which is an issue in this litigation. 3. I am informed and believe that the documents set forth 4/047/034819-0146/120 -- 1 in the subpoena are in the possession of the Marine Department of 2 the City of Newport Beach. 3 A. The Harbor Permit Policies, existing as of December 4 1988 and as of the present date, regarding the construction of any 5 structure beyond the bulkhead and extending into the Newport bay. 6 B. The Harbor Permit regarding bulkhead work on 7 property owned by Mr. and Mrs. Grasso at 2296 Channel Road., 8 Newport Beach, issued in 1989 and 1990. 9 C. Correspondence between the City of Newport Beach 10 and Brion Jeannette regarding Harbor Permit 107-2296 at 2296 11 Channel Road in 1988 and 1989. 12 D. Memo dated September 30, 1988 from Mr. Melum to the 13 City Attorney re 2296 Channel Road. 14 E. The Harbor Regulations, existing as of December 15 1988 and as of the present date, regarding the construction of any 16 structure beyond the bulkhead and extending into the Newport bay. 17 I declare under penalty of perjury under the laws of the 18 state of California that the foregoing is true and correct. 19 Executed on May j 1992 at Costa Mesa, California. 20 21 r Cliff©rd E. Frieden 22 23 24 25 26 27 28 -2- PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed by the law offices of Rutan & Tucker in the County of Orange, State of California. I am over the age of 18 and not a party to the above -captioned action. My business address is: 611 Anton Boulevard, Suite 1400, Costa Mesa, Orange County, California 92626. In the course of my employment with Rutan & Tucker, I have, through first-hand personal observation, become readily familiar with Rutan & Tucker's practice for collection and processing of correspondence for mailing with United States Postal Service. On MAY 28, 1992, I placed a copy of the attached document entitled AFFIDAVIT OF CLIFFORD E. FRIEDEN IN SUPPORT OF SUBPENA DUCES TECUM in an envelope addressed as set forth below: Laura A. Myers, Esq. John J. Kendrick, Esq. Walker, Kendrick & Jackson 4000 MacArthur Boulevard Suite 450 Newport Beach, CA 92660 Robert J. Zepfel, Esq. Pettit & Martin 4695 MacArthur Court Suite 1200 Newport Beach, CA 92660 I then sealed the envelope and placed it in an out -box for collection by other personnel of Rutan & Tucker and for ultimate posting and placement in the United States mail later that same day. If the customary business practices of Rutan & Tucker with regard to collection and processing of correspondence and mailing were followed, and I am confident that they were, the envelope was posted and placed in the United States mail at Costa Mesa, California that same day. Executed on MAY 28, 1992, at Costa Mesa, California. (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. PATTY HAYG D GARVIN F. SHALLENBERGER DAVID J. ALESHIRE JAMES R. MOORE' MARCIA A. FORSYTH PAUL FREDERIC MAR ' WILLIAM M. MART ICORENA WILLIAM R. BIEL JAMES L. MORRIS RICHARD A. CURNUTT ANNE NELSON LANPHAR LEONARO A. HAMPEL WILLIAM J. CAPLAN JOHN B. HURLBUT. JR. MIC HAEL T. HORNAK MICHAEL W. IMMELL JANICE L. CELOTTI M ILFORD W. DAHL, JR. PHILIP D. KOHN TH EODORE I. WALLACE. JR.- JOEL D. KUPERBERG RONALD P. ARRINGTON STEVEN A. NICHOLS RICHARD P. SIMS THOMAS G. BROCKINGTON MARSHALL M.PEARLMAN' WILLIAM W. WYNDER ROBERT C. BRAUN EV RIDIKI (VICKI) DALLAS ROGER A. GRABLE; RANDALL M. BABBUSH EDWARD D. SYBESMA, JR.- MARY M. GREEN THOMA5 S. SALINGER' PHILIP M. PRINCE ROBERT W. ALBERTS THOMAS J.CRANE DAVID C. LARSEN' JOHN L. FELLOWS III C LIF FORD E. FRIEDEN MARK B. FRAZIER MICHAEL D. RUBIN IRA G. RIVIN* KARIN T. KROGIUS M. KATHERINE JENSON J EFFR EY M. ODERMAN- DUKE F. WAHLQUIST J OSEPH D.CARRUTH RICHARD G. MONTEVIDEO STAN WOLCOTT' LO RI SARNER SMITH ROBERT S. BOWER ERNEST W. KLATTE, III RUTAN & TUCKER ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS BANK OF THE WEST, SUITE 1400 611 ANTON BOULEVARD COSTA MESA, CALIFORNIA 92626-1998 DIRECT ALL MAIL TO: P. O. BOX 1950 COSTA MESA, CALIFORNIA 92628-1950 TELEPHONE (714) 641-5100 (213) 62S-7586 TELECOPIER (714) S446-9035 A. W. RUTAN (1880-1972) JAMES B. TUCKER, SR. (1888-1950) MILFORD W. DAHL, SR. 0919-1988) H. RODGER HOWELL (1925-1983) June 3, 1992 Mr. Tony Melum City of Newport Beach Marine Department 70 Newport - Pier 9 Newport Beach, CA 92663 ELIZABETH DAVID H. L. HANNA HOCHNER JAMES R. ROUSE CAROL L. DEMMLER SC O TT R. PINZONE STEWART PRESSMAN MARK SMITH FLYNN PATRICK D. MCCALLA JAMES P. K ATHY FORBATH FINERTY ESFAHANI RICHARD K. HOWELL A. PATRICK MUNOZ DAVID B. CO GROVE SUSAN K. MEYERt KIM D. THOMPSON SHEILA R. VAZOUEZ JAY NE TAYLOR KACER RUTH ANN CRANDALL HANS VAN LIGTEN ELLEN S. BAN CRO FT MATTHEW K. ROSS ROBERT E. HENKE STEPHEN JEFFREV A. ELLIS WERTHEIMER FRANK W. BATTAILE CARRIE E. PHELAN MICHAEL D. TURNER HAVEN S. PETERSEN ROBERT O. OWEN LISSA G. DART ADAM N. VOLKERT MARK A. THOMPSON JEFFREY A. GOLDFARB JAMES G. KAY SANFORD SHATZ DEBBIE L. HUENNEKENS F. KEVIN BRAZIL PAULJ. SIEVE LAYNE H. MELZER KAREN MEYERS L. SKI HARRISON JA NE GRILLIOT STEVEN W. SPRECHER KAREN BURKE SARAH J. DAN SLATER KNECHT S. DANIEL HARBOTTLE DAVINA F. HAIMOV PAMELA J. ROBERTS INA RAILEANU JAMES S. WEISZ Re: Charles F. Ryffel, and Marjorie D. Ryffel, v. Albert Grasso, and Lois Grasso, et al. Dear Mr. Melum: The trial of the lawsuit for which you have been served with a subpoena has been continued to December 7, 1992 at 9:00 a.m. in Department 23 of the Orange County Superior Court. It is therefore unnecessary for you to plan to be available during the week of June 8, 1992. Please calendar this new date for the trial. We will be in touch with you in advance of the new trial date to confirm that it is going forward at that time. Thank you for your assistance and cooperation in connection with this matter. Very truly yours, RUTAN & TUCKER t Clifford E. Frieden CEF/ph 4/047/034819-0146/139 l GARVIN F. SHALLENBERGER DAVID J. ALESHIRE JAMES R. MOORE' MARCIA A. FORSYTH PAUL FREDERIC MA-' WILLIAM M. MART ICOREN WILLIAM R. BIEL JAMES L. MORRIS RICHARD A. CURNUTT ANNE NELSON LANPHAR LEONARD A. HAMPEL WILLIAM J. CAPLAN MICHAEL W. IMMELL JANICE L. CELOTTI M ILFORD W. DAHL, JR. PHILIP D. KOHN TH EODORE I. WALLACE, JR.' JOEL D. KUPERBER RONALD P. ARRINGTON STEVEN A. NICH - MARSHALL M. PEARL.- WILLIAM W. WYNDER ROBERT C. BRAUN EV RIDIKI (VICKI) DALLAS ROGER A. GRABLE' RANDALL M. BABBUSH EDWARD D. SYBESMA, JR.- MARY M. GREEN THOMAS S. SALINGER' PHILIP M. PRINCE ROBERT W. ALBERTS THOMAS J. CRANE DAVID C. LARSEN' JOHN L. FELLOWS III CLIFFORD E. FRIEDEN MARK B. FRAZIER MICHAEL D. RUBIN KARIN T. KROGIUS IRA G. RIVIN' M. KAT HERINE JENSON JEFFREY M. OOERMAN' DUKE F. WAHLOUIST J05EPH D. CARRUTH STAN WOLCOTT' ROBERT S. BOWER RICHARD G. MONTEVIDEO LORI SARNER SMITH ERNEST W. KLATTE, III RUTAN & TUCKER ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS BANK OF THE WEST, SUITE 1400 611 ANTON BOULEVARD COSTA MESA, CALIFORNIA 92626-1998 DIRECT ALL MAIL TO: P. 0. BOX 19SO COSTA MESA, CALIFORNIA 92628-1950 TELEPHONE (714) 641-5100 (213) 625-7586 TELECOPIER (714) 546-9035 A. W. RUTAN (1880-1972) JAMES B. TUCKER, SR. (1888-1950) MILFORD W. DAHL, SR. (1919-1988) H. RODGER HOWELL (1925-1983) June 3, 1992 Custodian of Records City of Newport Beach Marine Department 70 Newport - Pier 9 Newport Beach, CA 92663 ELIZABETH L. HANNA JAMES R. ROUSE DAVID H.HOCHNER CAROL L. DEMMLER S COTT R. PINZONE STEWART PRESSMAN MARK SMITH FLYNN JAMES P. FINERTY PATRICK RICHARD D. M,CALLA K. HOWELL KATHY FORBATH ESFAHANI DAVID B. COSGROVE A. PATRICK SUSAN MUNOZ K. MEYERt KIM D. THOMPSON SHEILA R. VAZOUEZ JAYNE TAYLOR KACER HANS VAN LIGTEN RUTH ANN ELLEN CRANDALL S. BANCROFT MATTHEW K. ROSS ROBERT E. HENKE STEPHEN A. ELLIS FRANK W. BATTAILE JEFFREY WERTHEIMER CARRIE E. PHELAN MICHAEL D. TURNER HAVEN S.PETERSEN ROBERT O. OWEN ADAM N.VOLKERT MELISSA MARK G. DANT A. THOMPSON JEFFREY A. GOLDFARB JAMES G. KAY SANFORD SHATZ DEBBIE L. HUENNEKENS F. KEVIN BRAZIL PAUL J. SIEVERS LAYNE H. MELZER KAREN MEYERS L. SKI HARRISON JANE GRILLIOT STEVEN W. SPRECHER KAREN BURKE SARAH J. KNECHT S. DANIEL HARBOTTLE DAN SLATER DAVINA F. HAIMOV PAMELA J. ROBERTS JAMES S. WEISZ INA RAILEANU Re: Charles F. Ryffel, and Marjorie D. Ryffel, v. Albert Grasso, and Lois Grasso, et al. Dear Custodian: The trial of the lawsuit for which you have been served with a subpoena has been continued to December 7, 1992 at 9:00 a.m. in Department 23 of the Orange County Superior Court. It is therefore unnecessary for you to plan to be available during the week of June 8, 1992. Please calendar this new date for the trial. We will be in touch with you in advance of the new trial date to confirm that it is going forward at that time. Thank you for your assistance and cooperation in connection with this matter. Very truly yours, RUTAN & TUCKER Cliff r E. Frieden CEF/ph 4/047/034819�-0146/139 F 1519 East Chapman Avenue Orange, California 92666 April 6, 1992 Gfi' acn @'horthand cReportiny'Oozpotation CERTIFIED SRORTRAND REPORTERS City of Newport Beach 3300 Newport Boulevard Newport Beach, CA. 92663 ATTN: TONY MELUM, Marine Department. Phone: 714/538-3806 or: 714/538-2326 Re: Charles F. & Marjorie D. Ryffel vs. Albert &::Lois Grasso. Enclosed herewith is your original deposition given by you in the above -captioned cause on March 26, 1992. Please read the deposition carefully, making any changes necessary in your testimony in the following manner: With ball point pen or pen and ink, in the deposition itself, mark through each incorrect word or words, then write in the correct word or words, if any, immediately above, or you may write in additional words, if necessary. Also, write in on the correction form enclosed the changes or corrections that you made in the deposition. Please sign the correction sheet. (Please return with deposition.) In the right-hand margin of the deposition initial each change you have made. After you have accomplished the above, sign your name at the place indicated at the end of the transcript, then return it in the self-addressed envelope that is provided for your convenience. It is imperative that you return this transcript within the time agreed upon by counsel -therein, or, if there was no such agreement, no later than 30 days. Thank you for your prompt attention to this matter. Very truly yours, AMACK SHORTHAND REPORTING CORP. �� � - �►, r� mm.n �1 Pamela G. Singleton Office Manager Enclosure Marine Consulting & Design 102176-1 G�-l�}'�1,1�r=� �'�,4� 3 2,I00 WEST COAST HWY. SUITE I NEWI'011T DEni;ll. CA J[t;fi l %���%(i�/Y� 2377 �L•9to Zall 0 2 X q O X 2 X 1 6�' X l _ 2- r1 �Yla 'L k �`�' ���¢ 1- 72 162 2rB 3 X 10 ��3 X to # to. l7�/a10 L 0,I-0 S'vff "c-/z- lJrl ✓G L. 20' # �,rl6/'�l , 4 y 7,1 of Marine Consulting & Design 2,100 WEST COAST HWY. SUITE f NEWPORT BEACH, CA W66 1 s rn z yn, 3 x xq * X %,05 r x Z lto ey �57G Z4L Z = L/-?/ 3af'e' THOMPSON FLOATATION, INCORPORATED 1645 Monrovia Avenue X Costa Mesa, CA 92627 i f714l 645-2842 X Telex 678308 THOMPSON CSMA C Flange w 1 d-th 3' on all 4 sides B FIGURE 2- FLOATATION UNIT DIMENSIONS Dimensions (In) Wei ht ( lbe ) Buoyancy (lbs ) WIY plywood in aelt water Model A B C top cover per inch total 1117 68 36 16 96 68.95 1,103.2 1118 68 36 20 103 68.95 1,379.0 1119 S"►8 68 363__�__. 14 90 68.95_ 973._9_ 1129 .5' 60 48 q 14 81.06 1,187.6 1130 G 72 48 14 _104 _ 122 102.74 ------1.451.2 1131 96 48 �► 4-6+ 239 110.04 1,978.8 1230 6; 72 48 15128..._..__.�.102.74 1,657.7 1231 f' 96 48 16 167 140.04 2,259.0 1430 72 IN 23M _ _. 115 102.74 2,376�.99 1431 96 48 25 198 140.04 3.519.8 Want No. 0 270 329 I ATTORNEY OR PARTY WITHOUT ATTORNEY -Name and Addressr -Clifford E. Frieden j RUTAN & TUCKER 611 Anton Blvd., Suite 1400, ATTORNEY FOR ;Name) Defendants TELEPHONE NO.. CASE NU,. dER: £' (71 4) 641 —51 00 65 1 4 31 Costa Mesa, CA 92626 NAME OF COURT Orange County Superior court POST O=FICE and DEPOSITION SUBPENA STREE-ADDRESS. 700 Civic Center Dr. West, Santa Ana, CA j PLAINTIFF PETITIONER: For Personal Appearance CHARLES F. RYFFEL,AND MARJORIE D. and Production of RYFFEL DEFENDANT RESPONDENTDocuments GRASSO, AND LOIS GRASSO, et al. Documents and Things THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone No. of deponent, if known): Tony Melum, City of Newport Beach Marine Department (714) 644-3044 70 Newpo*rt Pi-er 9 , Newport Beach, CA 92663 1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following time and place: Date: March 26, 1992 Time: 1 0: 00 a.m,Address: 3300 Newport Blvd. —Conf . RM-2nd Fly Newport Beach, CA 92659-1768 a. _ As a deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as to the matters described in item 3. (Code of Civil Procedure section 2025 (d)(6).) b. You are ordered to produce the documents and things described in item 3. C. This deposition will be recorded by = audiotape 0 videotape and stenographically. d. FuI This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025 (u)(4). 2. ' The personal attendance of the custodian of records or other qualified witness 0 and the production of the original documents are required by this deposition subpena. The procedure authorized by Evidence Code sections 1560 (b), 1561, and 1562 will not be deemed sufficient compliance with this subpena. 3. The documents and things to be produced and any testing or sampling being sought are described as follows: = Continued on attachment 3. 4. A deposition permits an attorney to ask questions of a witness who is sworn to tell the truth. An attorney for other parties may then ask questions also. Questions and answers are recorded stenographically at the deposition; later they are transcribed for possible use at trial. A witness may read the written record and change any incorrect answers before signing the deposition. The witness is entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at the option of the party giving notice of the deposition, either with service of this subpena or at the time of the deposition. 5. You are ordered to appear in this civil matter in your capacity as a peace officer or other person described in Government Code section 68097.1. Date: Clerk, by Deputy DISOBEDIENCE OF THIS SUBPENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBAFY. Date issued: dyRT. 0 W: •'•8 M ..........Gary L. Granville (TYPE OR PRINT NAME) (SIGNATURE OF PERSON ISSUING SUBPENA) County Clerk and Clerk of the Superior Court of the State of California, in and for the County of Orange (See reverse for proof of service) Form Adooted by Rule 982 Code of Civil Procedure. § 4 2020. 2G: 5 Judicial Council of California DEPOSITION SUBPENA—PERSONAL APPEARANCE 982(a)(15.1) [New July 1, 19871 PLAINTIFF;PETITIONE8: case NUMBER i DEFENDANT/RESPONDENT: PROOF OF SERVICE OF DEPOSITION SUBPENA-PERSONAL APPEARANCE 1. 1 served this Deposition Subpena —Personal Appearance by personally delivering a copy to the person served as follows: a. Person served (name): b. Address where served: c. Date of delivery: d. Time of delivery: e. Witness fees and mileage both ways (check one): (1) = were paid. Amount: ... $ (2) 77 were not paid. f. Fee for service: .............. $ 2. 1 received this subpena for service on (date): 3 Person serving: a. F-1 Not a registered California process server. b. California sheriff, marshal, or constable. c. Registered California process server. d. _1 Employee or independent contractor of a registered California process server. e. Exempt from registration under Bus. & Prof. Code section 22350(b). f. Registered professional photocopier g. Exempt from registration under Bus. & Prof. Code section 22451. h. Name, address, and telephone number and, if applicable, county of registration and number: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (SIGNATURE, 9E2ia,\151, '�ev Qwiu 1 19871 (For California sheriff, marshal, or constable use only) certify that the foregoing is true and correct. Date: J PROOF OF SERVICE DEPOSITION SUBPENA— PERSONAL APPEARANCE 1 iSiGN,:�' .'QE Page two 9 CITY OF NEWPORT BEACH ANNUAL PIER REGISTRATION FEE Card 1 Card Code 'PIER1Pier Permit Number - 1 0 -��-- (6 Faci l i ty. Address* �/ �"� Vt tree 70-l�T = — treet ame Apt # Str *Right justify, (Or use Direction space fill for (N,S,E,W or Ex: 1 2 3 a etc) blank) Code... - __1 non-commercial ------ -Number-o-f-slips or floats (zero fill �3 - 2 - commercial4 6 ex: 001} Amount to be billed Joint Owner Y - yes -- - 52 N- no (zero fill ex: 010 00) Owner's Name Fi rst, S C) Initials Type Form N-New Owner C-Change Owner cc 78-80 leave blank;_ Card Pier Permit Number cc 6 - 14 Card 2 Code 'PIER2' Owner's Mailing Address eet Address r ri 1 7/1- L y & state blank a e cc 69-80 Spaces (12) CITY OF NE POT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 August 7, 1990 Al Grasso 2296 Channel Road Newport Beach, Ca. 92660 Re:, Harbor Permit 107-2296 for the pier and float bayward of 2296 Channel Rd. Dear Mr. Grasso: The City --of Newport Beach has received a complaint regarding v the structure bayward of your residence. Specifically the complaint is that the structure has been built in variance to the permit submitted to the City'of Newport Beach. r. For your information a copy of the permit is attached. A field inspection on August 6, 1990 revealed that additional structural members have been added to the structure that do not conform to the attached drawing or the required setbacks. Large beams protruding on either side of the pier area and an electric davit wench are in the setback zone. To preclude further action by the Marine Department these structures must be removed. If you have any questions in this regard, please contact me at 644- 3044. Sincerely, Tony Me um Tidelands Administer 3300 Newport Boulevard, Newport Beach / -f- . Cl r Y d,jr Afm000vr d ewev � n 'L 2 L piF�2 � 3 itzb � ,� tii Y R�••nr7 x� j ny� 1� 11 P/ATV/Z GR,0u0 D ro zogg Argeh L irOys' v o 1 c'� I a g . a N w PILL Aa',ry � jLAWp A Q L+ n licit Coe•-vw O A au w.•'C C�-� N V I C I M I T Y SKETCH wLsr JE7Tr Cw,♦ NrwioRr b.a ,, CAL 1FARN/A yL Jerry S0u17011195 ore expitssed in tees' and COiII o'ip th s below Afeo.y Lower Low Wo Xee. /Noxn+ru s', sar�ye of fide Opprvx/rno�s/Y /O V%1&f. +�torh*e /P;7e5 are a.Tiab/i'9hed its /his . Selrbom oyr v--wforf B07 h, f ` �c� Llf Eft l 1 I L/C'A.vTS ',EASSrn, TRACT-- -Io a Aopee sS = 22 94, CvA1rArAc ro,e : *5'AM lCN►ss' SENT BY: CASH & ASSOC. ElAaRS. a 5- 7-90 10:32AM c'1 21342454594 CASH & A.R'v,0CL4TES -ENG1NEERS JPTW FCSIMILE TRNSMISSIO AN, MESSAGE / COVER ASHEET, To'. cz aacit, A7MMON'. — v ww m- m "t M kv Kk*yJ -- SENT BY : CASH & ASSOC. EN6RS, a 5— 7-90 10: 32AM 213424 s459y CCITT 63; ## 2 I-wo419r ++dii77"' A°` �N.no� 't: i.,a L.c 1a.�St Irt rap.{�ri�n r,�n .�',. 1 �►' y .. t t t ' 'Pr'•.. p-®l¢tr• �ye axe• •�� Y�y�,�gy a,P,>t..t '•a3'yr .�. ayy. Q� yt •" . a _ • r �. , ed' � � �•"r r b $, • . • r . . r _ '. . , pA i ,r„ti: �.. '��'� �_ o- t y , tea... ��19F � •_-. ..._....a. 1...eM aoa..r°'4�.s.r d.ai>4�YIiLrr®iPon��r. � �` fS� 4.. - yp,_ �r -.'-°�wsr.w>..W�YI+� _.... � .. �.. _.•.-- :�•* f , .q�=iigaSyy' CITY OF NEWPORT BEACH T Building Department ~� 3300 Newport Blvd. r� P,O. Bose 1768 '. Newport Beach. CA 8265 915 �. Phone. (714) 644.3288 VIA19 FEE RECEIPT 1 ' 02-701 Building Playa Check - Va►laaata0n S . r .... , ...... 02-70-Q Grading Plan Che , y.. Cu. Yda. $ 1 ' 02-7011708 C Vertime Plan Check -1S G 6 J 02-703 Serial Inapectian . . , r .. ,... . " , . , , .. ...... ® 02-703 Reinapection B E H P r $ 02.421. Temporary Electric. ...... ........ ................. � ........ $ - 02.700 Plug Department Fees ..... " r ......... 3 a ® 02-$01 Me of Ivia1a'a & Publications .:.... , , , . r . , r .. r ......... $ , TMAL FEES: r When ungd aced this to 4 rowipt for the ,amount of f:t co4ecilrd s'a shOwn See apses above. The s*Ad number, date and amount validated hereon have amass been validdrsd an your aeppUcat4afa or Other dck-UMOR9 and have becomw a part of the a at the TY OF NEWPORT d3VACH fMm which thi'e me#ipt tee #d ndfled, i o �r> RECEIVED BY: 1 o. Date F 1 NOTICE Plan Check eXpireS 780 dugs after application. ° DISTRIBUTION: Original - Permittee; Cashlsar (1); File (1) 4 Z i 17- - .. .. _ .. .. ... . s . - - _ _... � -r. a -_ e_ - ., .-r., -,-rr..•.. �,.--�-„-.— , SENT BY: CASH & ASSOC. ENGRS. a 5- 7-90 10:33AM 2134245459.4 CCITT Gar# 3 REKV TO AT IF NTION W Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY 1,01 ANGSuls DISTRICT, CORPS OF VAGINEIR5 • August 30, 1989 AqH pr TF1 Mir. and Mrs. Al Grasso c/o Cash and Associates Engineers ATTN: R.H. Masora, Vice President P.O. Boas 38 Long Beach,, California 90801 Gentlemen This is in reply to your application (No. 89- 90-GS) dated August 3. 1989 for a Department of the Array permit to remove an existing oancrete bulkhead. tierodso deadm,an, concrete stairs and landing, and construct a new reinforced concrete facing, drive toe -piles at the base of the wall, and cast a grade bean for base support, in Newport Gay, at 2296 Channel Road, Newport Beach. Orange County, California Regulations for our permit program, published in the Federal Register, include part 330 - Nationwide Permits (see the enclosure). Your proposed activity is covered under the nationwide permit for repair, rehabilitation, and replacement of structures or fill (Section 330®5 (a) (3)). As long as you comply with the nationwide permit conditions (Section 330.5 (b)), an individual permit is not required. This Nationwide permit verification is valid for a period not to exceed two years. It is incumbent upon the permittee to remain informed of any changes to ;nationwide Permits. This letter does not convey any property rights, either in real estate or material, or any exclusive privileges. Alsol it does not authorize any injury to property or invasion of rights or any Infringement of Federal. State, or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity. If you have any questions please call Gerardo Salas, Regulatory Branch, at (21.3) $94-5606 any workday. Sincerely, Richard Ha rl acher Chief, Southern Section SENT BY: CASH & ASSOC. ENaRS. ; 5- 7-90 10: 33AM 21342454594 CCITT a3; # 4 STATE OF CALIFORNIA-THE RESOURCES AGE ICY GEM01 DE13KdWtE IAN, Cowtmw DEPARTMENT OF FISH AND GAME Marine Resources Division 330 Golden Shore, Suite 50 Long Beach, CA 90502 (213) 590-5117 July 11, 1989 Randy H. Mason Dice President Cash and Associate Engineers 2599 East 28th 'Street Long Beach, CA 90801 Dear Mr. Mason: We have reviewed the alternative zathods to repair and/or replace an existing bulkhead wall at 2296 Channel Road *a Balboa Peninsula and would concur with the reco=ended selection of Alternative Your as described in your June 28, 1989 transmittal. Repair of the exlstin& bulkhead by removing an existing concrete toe beam and stairway and driving steel "K" beam toe pilas with, a concrete ,grade beam at the mudline and providing a structural concrete facing to the existing steel bulkhead gall will have no significant itdpact to marine resources and habitats. Therefore, we would not object to the repair of an existing bulkhead using the above described method. (Alternative Four). Should you have any questions, please contact Richard Nitaos, Environmental. Coordinator for brine Resources. The phona number is (213) 590-5174. SENT BY:CASH & ASSOC. ENGiRS. a 5— 7-9e iO: 34AM p a M STATE OF CALIFORNIA—TWE RISOUNCES AGENCY 2134245459-� CCITT E3; # 5 i 10 GEMOE DEUK AVIAN. r„pr CALIFORNIA COASTAL COMMISSION J'PUt COAST AREA 74s wE T EROADWAY, WITE 380 LONG MACNo CA X*02 Page 1 of 4 Permit Application Date: 2/11189 .-VK--- ia MIS ST ALI PER IT APPLICANTS: Mr. and Mrs. Al Srasse PROJECT DESCRIPTION: Repair seawall with new facing, toe pile$, grade beam and cap. Reprove and replace underground deadman and tie rods. PROJECT LOWTTIN : 2296 Channel Rd., Newport Beach, Orange County. EXECUTIVE DIRECTOR'S DETERMINpTIONt The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE. P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Comission at the following time and place: wadnaad $ October 11, 1989 - 900 A. M. (629) 260- 8500 IMPORTANT - Before you may-oroceeg with development. the following rust occur: Pursuant to 14 Cal. Admin. Code Sections 13160(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including :all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. PETER DOUGLAS Executive Director By: Title oast Fr-oara Anal 81: 4 /88 SENT BY: CASH & ASSOC. ENaRS. 5-• 7-90 1,0:35AM A 2134245459--) CCITT C73J## 6 I EXHIBIT NO. ?o:�al-lllc L)cp - - WE ZkAW5MIr VIA: ❑uSAdc The FOLLOWING: ❑ Ort�incc ❑ Ouw wl=uk inf5 ❑ fty5ler intermedatej oars � `Y9 c A, PROJECT NO. 3 PRoJEcr le�hda- /. ✓ ❑ ' your recast ❑ Kndrr 5e.Pvute coatr' has d ❑ A r ❑ 5p��tuitiong ❑ Addenda. 0 ialcuCa�irnvs ❑ tKa fuatwn, Abtke ❑ Rem ❑ Ch"n Q,4r ❑ 5 P drawtn9 CD) CORD DATE REV. De5G21PTmON .74 L 51 — -5z — 'rt- m Axe q%AAXn rreD A,5 cg6cw (36W: 13 Far your use ❑ Returned w/ eomrnmts ❑ Resubmit coPieS ,> For �cv ❑ Pwtwnetf w/o ommns ❑ 5u&nit cpte, erad❑ rarwonn❑ Returned far carr'ectiom ❑ Return =..recfieaC G0YW5 ❑ Remark5 6",0—,- L s PLEA. 3KW AW a¢EAMO you4 W Copt) F20K WPI'►-t COP" TO: Cwttk en.cl 5u re5 ) 0 Cok% 4 A.3g0ClVV:T EtV MEJW Z599 fast ZSth ftwt P.O. COX 38 row (3ma, Cal��rti� 968oi .nfwne (W Qb- b1,+k5 YencCo5y irj an not aj noted, Y&eax not9f u5 intrilGGiilltfZL11{ L TO: DATE July 20, 1989 City of Newport Beach Marine Dept. c/o City Hall c qA, PROJECT N0. 3462.00 3300 Newport Beach Blvd. Newport Beach, CA 92663 A.fi1N: PROJECT 2296 Channel Rd. Residence Mr. Tony Me lum WE VAN5 IT: f�aewitw ❑ yer yox,-.reTmust ❑ ""dff �ep�Crrutc w�tr VIA: kVL5 Adc ❑ hand ❑ oUk- - - TW FOLLOWING: ❑ Q�4. ❑ ifutf of l ❑Addenda. ❑ OUW Wruli W5 ❑ C'alcuWii vy ❑ CCarifrcataor� 11RRke ❑ m, Wh lnrmes ❑ Re ❑ Ch 9e Qm(cr ❑ ftje5ter lntermedw.te5 ❑ 5h p cGw4T (5) b( C I / COPI65 DATE REV. D65CRIM01V 1 ex. 7-20-89 "Proposed Bulkhead Wall.Repair" Sketch 7)4666 A.lf?6 UAN&M I MD M C96CK60 (3ELOW: ❑ For tOW use ❑ eetunvd w/ commeni5 ❑ PXOI t c� "Your a td -in-concept] Returner(, W/o commnt9 ❑ 5u6mit ❑ Far reVWW and comment ❑ Qe wwd far car'ection5 ❑ Reiw n , corrected Wjm ❑ Rcmari5 Tony, Please give me the marine dept. Approval in concept so I can submit to the Army -Corp. _& Cal Coastal. Changes from previous submittal to you: 7' 0" o/c toe piles, 25' 0" toe pile depth. Included is letter from Fish & Game for your file. Thanks. PLEr43E 3/GN xVWYaWW cold F20M, R.H. Mason WIT'N COP16g T0: 4014 4 a=1,47V-g 6KIN66M Z599 fast ZS Ik 50ext P.O. 13ox 39 E' (3a;cfi, - gowl 'r Fiow C2bi'+J l f endoec e5 an not a� noted, yfeax not ujj i►nmeduzLl CWtth enc(05$Wes ) ■ ■ ■ STATE OF CAIIFORNIA ° THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Gov n" DEPARTMENT OF FISH AND GAME Marine Resources Division a 330 Golden Shore, Suite 50 Long Beach, CA 90802 (213) 590-5117 July 11, 1989 Randy H. Mason Vice President Cash and Associate Engineers 2599 East 28th Street Long Beach, CA 90801 Dear Mr. Mason: We have reviewed the alternative methods to repair and/or replace an existing bulkhead wall at 2296 Channel Road on Balboa Peninsula and would concur with the recommended selection of Alternative Four as described in your June 28, 1989 transmittal. Repair of the existing bulkhead by removing an existing concrete toe beam and stairway and driving steel "H" beam toe piles with a concrete grade beam at the mudline and providing a structural concrete facing to the existing steel bulkhead wall will have no significant impact to marine resources and habitats. Therefore, we would not object to the repair of an existing bulkhead using the above described method (Alternative Four). Should you have any questions, please contact Richard Nitsos, Environmental Coordinator for Marine Resources. The phone number is (213) 590-5174. Sincerely, Rol E. Mall Program Manager Southern California Operations fts,veo rq gut 1,71989 S/y r' A 'q ZiN J TrO: City of Newport Beach Marine Dept. ti'fYN Mr. Tony Melum WE VAN5M I r. Grcrewith. VIA: ❑ u.s AdC The FOLLOWING: 0 Or jinaGs Diazb WrukprinI3 ❑ WCum, Inf � ❑ PbCCe5ter hlterrudkU5 DATA'_ 6-28-89 C $ A, PROJECT N0. 3462.00 PROJECT 2296 Channel Rd. Bulkhead Repair ❑ Kndas Maaratc mW ❑ 55pw�� cations ❑ Addpm(a, ❑ lVcufatiom ❑ CCar ficatwn, AbM r ❑ gTaO ❑ Chanje Qn6v ❑ 5Fwy drawing (5) ❑ 13 per your rITW9 COPIc'5 DATE REV. D65CXLOVOIV EA 6-28-89 Bulkhead Evaluation of Alternatives letter (2pgs.) 1EA ----- Vicinity Map 4 Project Repair Sketch 2EA 5-26-89 Photographs of existing conditions ❑ Fur Yow um ❑ Retw-ned w/ com unt3 ❑ Resx6m l cofne5" ❑ For yov j� ❑ Wurned, w/o comment3 ❑ 5u6mit xyu5 rer YeVWW and mmmed ❑ Returned , fro- cavection3 ❑ Return , a%vcWC co, pug ❑ Remar45 Please review F. wive me your comments regarding our approach. Thank you for your help. #PL."X 3 WV BIND .>y COT WITH COPXE TU FROM,'Oe Randy H. M on Cwtth encCvg tire3 ) "514 4 A934r'IVV-g 6KINEEJW Z599 fast ZStk 50"t P.O. dox 38 cow (3ma, ad- gowl r (tone C2bj#5 encCoare3 . are not a� noted, yfea not6 u5 ��y P R 0 1 E C T: CASH F, ASSOCIAIES ENGINEERS B Y : JOB DAT E: -4 TIME: - PHONE CONF D I STR I BUTION PERSONJIS, H PRESENT - PH. No. go-W ru- q'i M M -Ala Sk PROJECI CASH ASSOCIAITS ENGINEERS D �iS T R I B Ul T 10 N J C) T I PERSONS PRESEN-1- 1�-PH.No, June ?,7, 1989 Cash & Associates ::ngineers Consultants For Preliminary Comment by Reviewing Agencies Project Summary: As previously discussed, we are investigating alternative methods to repair and/or replace the bulkhead wall at 2296 Channel Rd on Balboa Peninsula. We have four(4) possible alternatives which are as follows: Alt 1: Complete replacement of wall requiring complete demolition of existing wall. Disadvantges: Undermining of existing house and probable damage to neighbors residence. Alt 2: Placement of a rock revetment outside of the bulkhead line in the channel and concrete grouting of the wall. Disadvantage: Envirnonmental concerns voiced as well as mitigation measures required as discussed with the California Coastal Comm and Fish & Game in previous telephone conversations. Alt 3: Place a new steel sheet pile wall, cap tierods and deadman system behind the existing bulkhead on the landside of the wall and subsequently demo the existing wall. Disadvantage: Excessive vibration during the installation of the steel sheet piles could damage adjacent property. Alt 4: Repair the existing wall by driving "toe" piles with a concrete grade beam at the mud line and provided a structural concrete facing to the existing steel wall. Disadvantages: Some vibration will be detected during installation of "toe" piles, but much less than for steel sheet piles. When existing concrete beam and stair is removed prior to installation of toe support, we are relying of the embeddment of the sheet piles to resist "kick -out". We feel the risk of a structural failure due to the removal of this concrete is small. Cash & Associates Engineers is recommending Alt 4 as the best solution, although not risk -free. We feel this alternative offers structural stability, constructability, least impact on adjacent properties, and little impact on the envirnonment. No construction will extend further towards the channel than already exists. The proposed concrete facing of the existing steel sheet piles will not extend towards the channel further than the limits of the existing cap. We are submitting this preliminary package for initial agency review to expeditie the subsequent design & review process. We would appreciate your preliminary comments and/or concerns regarding the submitted sketch and June 27, 1989 Cash & Associate. Engineers Consultants approach. Thank you for your time and previous comments that have guided us to this latest proposal. Submitted to: 1. City of Newport Beach Marine Department -Mr. Tony Melum 2. California Coastal Commission -Mr. John Lesley, Director 3. Dept of the Army/Fish & Game -Mr. Dick Nitsos Best Regards, R.H. M son, PE Project Manager NEW Pj5APMAIQ / 1 (t'EPAI RED WALL � � � � � NE.y,/ CONG, CAa►% TOM PILr=5 t c U7'-%tpo FA<GX 0#' G l'Tv - kc D A-2M QP- -`� BADLY STE•V-L — TH r Qtc.EE5 �OAOLY '-, ETEIptO��7�'©� DEM O .6549V c?.o DEPT/f r'Goti1h . B�L®� HVaL.1+J� uti1KN®uJnf Xa x L.'- T NEW G,4 �✓, Tr s Roc PaA-CMAN 1 j=7-A I L (.WA,LL PLANE) PURPOSE: L5ut,Kj4r=I�p 1V- ,LL REOA/r, DATUM: MLLW = O-CO ADJACENT PROPERTY OWNERS: 1. Ciry ot: Ngwp®rZT' F3EEAc.N z, z z 94- OVTS,OL r-AciE OF r=X I: s7-iNl.•1- CAP/ BOLKAD Ginii=-: IFLIFX P' 5 I: NEW t2P-INFID 'GcNG �'hG+NCB- t oN Exls�-c�- srtL. 5kt7--9+ L9! WA I i L-LE V o. c a. t; NEW GONG AtiN I �- 'Ex r-1T('� t t I W, RTIH lmoi t ..E�r R�I>v�b --tc FACING CAp PILE 7'c� RAM ui nr-W P,--ADNAf BE-ur-aT-4 HDOSr re Oo�G, FAG► o ,t, I s Lx ► Tic/ 3N�i I ` FkJim ° G (4AE 3VA To lGES / IU N ITY ;� N --� / NIA P r �!, 4yTstpe rGr `O ox16 � �!d►�7'1N�*w �P�. �'D�c tam r=AI ZTrN43- CAP/ 4/7v PGC, D i31/L�C�'{D�oVSr" BOLKA P t1 N E �kH'II '`t'i Ei�t�DS � r3-to Al 15ADLY t I DV-t 10 6 TERIVEA '�A©GY � ,E'LIr•V G�.0 r v• GE'V 17EPTN X God. SELCQt) HUZ)? tt z L�A7EP i� Q T.$Il.. uNKNoc,34 QWALL PLAN z p,��yo PLs}n/ PURPOSE: 3uLKptE14P WALL REFIA►tZ DATUM: MLLW a 0.0 ADJACENT PROPERTY OWNERS: 1, C/ry of N.EwpoRT 5EALN Q. z294- Ghr�4N4Ct' ZD 1 9Z66 ME�MR� G.)=, RYPFEL Tr S Roo -r NEW Pp-#NFtD . C oruG "41G (r- oN WxtS-rar. sTt_ SHT- P I L91 WA I I P Lri-. SHT x NFW L'oNG RE►-1A�N D..ZUAM Ex ITT t ;' N► pt+l tINCNF►� 3 TL�t'�`F}'r( New REiNglo ccfIG_, 1.0 r -A FAc►ry N2-jto w PROPOSED SOLk EAD 1+ ALL RF—PAiiz I N : C.17-Y of NJ'WPOP2T 5F-Ae-44 AT: 229(,G4Ar4rAML RDA 15ALeook PgA COUNTY: oZA1 Yq-pG STATE: GALlF:0lWPA APPLICATION 5Y: LABti,kt� Sit55G<-.E {� C R E PR#39A)7lArTi j REv : 7 /.2o/46? - �. Z, 1 F f ,? e TA We VOOM M., �' hrrewith, VIA: 1L5. Adc The FOLLOWING: O Orra . 13 Ofiaw WhLkJ rots ❑ PoC(egler lnte✓mee MfO 13 er yourJ`r& DATE.� C $ A, PROJECT Na �, P,eoJECT'IV ��,���%,� ❑ �tna{�r �ejav-ate corir- ❑ haind, ❑ oUkr - ❑ 55ppxyiatfion3 ❑ Addenda. ❑ l'alcufaiCons ❑ aargicxd n, Abtice ❑ R ❑ Change at4r ❑ 5kop drawin5 (g) ❑ COPI c 5 DATe REV. DE5C1CiCilON aoe�' lv1/15CvZ e Al " eS IUC.56 AN TX4&%JAITTCD A5 C14KK6D BELOW: 17 fur your ux ❑ Returned w/ comments ❑ For how a ,Ppmtd ❑ Qetur rtetL w/o comment3 r Far xevww and cmmed ❑ Mumed jay- carrectionj 6 Remaris ❑ R ;t ❑ 5u6mil ❑ Return ct&f Co, M' 5 WITH COP1E3 TO' Cwtth encCovnwe5) Ck% 4 A=IA7C-g 6KIMEW ❑ Z599 fast Z6Ik 5Uet ❑ P.O. C3ox 38 ❑ rmw 43wdc , 90WI ❑ 7e*@6fiow C213 42b- 6145 1� encCo5r e3 arc not a� noted, yCeW not6 z ujj irnmj 47 Cl i Y' aa- I'i r!l arc' a N,A1' ZAL Cdgow.)n / 3n, Wc/V o, o &V AP o R T O J.eteoA (� .o -,° C% O GOfONI ce-� N VICINITY SKETCH wesr -larrr NawwoWr bAY CAL ilrORPtJA i ferry SoursdingS ordt expressed in Ate/ Cold 0441o,01B d®p 44 s b elOW A-feCn L o werr Low I ✓a Aer itgox/.7®u.,s ran 7e of /ide A? Horbor /*ires Ore esioGlisAed rn r�A:s , secfio p of'Nawa�l Bar. ..___......._...... 4o' s' L. .. 4-0 3 �- o IS �Jb U A% l ®r d Z Z 94, C�'f% Al,*� c. f'p6r' P C®Ammerg) ar : !Am eN+!;-r 0.4re—* *h9 CITY 01? NEWPORT BEACH PERMSSMON is kin-," v c- T"') 77M C11 AMU FIAEF.T.fl.'M THE AT THE SITE [XEOMW-:M t C, » T Q M�'%' SPECIAL as MOT TFUN�-"r- V- TH E c ITY RIGHTS GgVfl,.' AND THIS PiE;--":'t ofACCOROA-N!:;.v. VML. 17 OF Orzage County pimit 'M4 �V P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 December 22, 1988 Brion Jennette 470 North Newport Blvd. Newport Beach, CA 92663 Re: Harbor Permit 107-2296 at 2296 Channel Road Dear Mr. Jennette: On December 21, 1988 I met with other members of the City staff and your staff to discuss the remodelling of the above property. The purpose of this letter is to reiterate the concern of the Marine Department with the subject property. Any construction over the water, including the bulkhead, the steps down to the beach, the pilings, piers and floating dock will require a permit from the Marine Department. Additionally, any bulkhead work will require a building permit and any dock work or work out over state property will require a review of the plans and specifications by the Public Works Department. In regard to the bulkhead, if it becomes necessary to do major work thereon, all work must be done on private property and not over State Tidelands. We would like to have any existing encroachments now over state property removed, other than the pier and floats. If you have questions regarding the above please contact me at 644-3044. Sincerely, Tony M;�`um, Tidelands Administrator 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH Marine Department September 30, 1988 TO: BOB BURNHAM, CITY ATTORNEY FROM: Marine Department SUBJECT: 2296 CHANNEL ROAD (DICK DALE RESIDENCE) The Marine Department's concerns regarding the residence at 2296 Channel Road are: 1. The pier and float have been removed but there are still three pilings placed bayward of the residence. They must be removed prior to transfer of the permit. 2. A metal boat davit is projecting from the bulkhead out over the tidelands. This must be removed. 3. We would recommend that a structural or civil engineer make a detailed inspection of the bulkhead wall, and that the new owner do whatever is necessary to ensure that the wall is secure and will support the existing residence or alterations to the upland property. 4. There is a set of concrete steps descending from the property into the water. It appears that these steps are over state property and are in a serious state of disrepair. They should be. removed. 5. If, in the future, the new property owner plans to install a deck and float at this location, there is no reason, based on the Municipal Code and the Harbor Permit Policies, that this could not be done. He would, haver, have to go through the process of applying for a Harbor Permit and getting permits from the other agencies involved. If you have further questions regarding this property, please call me. Tony �Mlum Tidfeland Administrator Santa Ana Professional Building • 1670 Santa Ana Avenue - Suite E • East Costa Mesa, California 92627 • (714) 645-0332 January 22, 1988 Newport Beach City Hall 3300 Newport Blvd. Newport Beach, Ca. 92658-8915 ATTENTION: Rich Higley Faysal Jurdi Tony Mel um As per our meeting and conversations regarding the property at 2296 Channel Road, I am advising my client that you have indicated the AAKO REPORT, prepared in 1987, for the F.D.I.C., represents what need to be done to subject property. Thanking you for the courtesy extended, I remain. Sincerely D C Real ty Louise Hostetler -Y&_ • Residential Property • Land Development • Exchanges • Finance • Income Property • Property Management • Real Estate Consultation • 2nd Trust Deeds f. /0 7 CITY OF NEWPORT BEACH Marine Department OCtober 21, 1987 TO: DATA PROCESSING FROM: Marine Department SUBJECT: DELETION OF PIER PERMIT 0107-2298-1 _c This memorandum will confirm that we have made a field inspection,and determined that the pier has been removed. Please delete the pier permit until further notice. Tony Melum I Tidelands Administrator avat �C;iv of XeNvport Beach Tx;:\4:1:0RT BOIL' EVARD N,_H J49,07-'7 CALIFORNIA �26-63-3884 FiN!,147 14-644-3-121 F0 0 P P11 I' y F, A STATEMENT OF PLEASE RETURN WITH PAYMENT ACCOUNT AMOUNT Please make check payable to City of Newport Beach. Direct all correspondence to Finance Director, City of Newport Beach, 3300 Newport Blvd., Newport Beach. STATEMENT DATE ¢V . C. F. R'YFFEL 2294 CHANNEL ROAD BALBOA, CALIFORNIA 92661 77) y MAY 27, 1987 JIM SINASEK CODE ENFORCEMENT OFF I CER PLANNING DEPARTMENT CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CA. 92658 SUBJECT; BUILDING CODE VIOLATIONS, 2296 CHANNEL RD. DEAR MR. S I NASEK; THIS LETTER IS WRITTEN TO CALL YOUR ATTENTION TO CONDITIONS AT 2296 CHANNEL RD., THE HOUSE PREVIOUSLY OCCUPIED BY DICK DALE, THE FOLLOWING ITEMS OF CONSTRUCTION HAVE BEEN DONE WITHOUT PERMIT. 1. THE KITCHEN WAS ENLARGED BY BUILDING ON THE NORTH SIDEYARD SETBACK. THIS ADDITION COMES WITHIN JYCHES OF THE PROPERTY LINE, 2. THE FRONT SIDEWALK WAS REMOVED AND REPLACED BY A DRIVEWAY SET DOWN AT STREET LEVEL. THIS RESULTED IN HAVING THE SIDEWALK END AT MY PROPERTY LINE INSTEAD OF CONTINUING TO THE BEACH SAND, 3. CONCRETE WAS PLACED AGAINST THE SEAWALL AS A START TO REPLACE THE BULKHEAD RETAINING WALL. THE WORK WAS NOT COMPLETED, AND EXPOSED REBAR REMAINS. A CURRENT ENGINEERING REPORT PREPARED FOR THE FDIC INDICATES A LOSS OF SAND UNDER THE EAST SIDE OF THE PROPERTY. 4. EXTENSIVE INTERIOR WORK WAS PERFORMED; ARCHES CUT, WINDOWS REPLACED, WALLS MOVED ETC, AS A NEIGHBOR I AM CONCERNED THAT A NEW OWNER BE MADE AWARE OF THE NONCONFORMING WORK, AND THAT THE CITY TAKE THE NECESSARY STEPS TO ENSURE THAT THESE ITEMS BE CORRECTED AS PART OF ANY RESTORATION WORK DONE UNDER A BUILDING PERMIT. THEY SHOULD BE CALLED TO THE ATTENTION OF A BUYER DURING YOUR REQUIRED INSPECTION PRIOR TO A CLOSE OF ESCROW. THERE SEEMS TO BE SOME CONFUSION ON BEHALF OF THE FDIC AND THE CITY AS TO THE LOCATION OF THE NORTH PROPERTY LINE FOR 2296 CHANNEL RD. THIS LOT LINE IS IRREGULAR, RESULTING IN 48.5 FT. LOT WIDTH AT THE WATER LINE, 44.5 FT. WIDTH AT MID LOT, AND 48.5 FT. WIDTH AT THE STREET, THIS OFFSET SOMEWHAT FOLLOWS THE SHAPE OF MY HOUSE, I REALIZE THAT SOME OF THE ABOVE ITEMS DO NOT COME UNDER YOUR JURISDICTION, BUT RATHER ARE COVERED BY OTHER CITY DEPARTMENTS, I AM SENDING COPIES OF THIS LETTER TO THE DEPARTMENTS INVOLVED, AND TO THE FDIC. THE CITY OF NEWPORT BEACH DID NOT GET INVOLVED IN THE WORK DONE BY DICK DALE ON THE HOUSE OVER THE PAST SEVERAL YEARS AND I NOW REQUEST THAT THE CITY CLOSELY MON1 TER ALL FUTURE BUILDING ACTIVITY. SINCERELY, C. F. RYFFEL CC; CNB PUBLIC WORKS CC; CNB MARINE DEPT, t� CC; FDIC 2 «t1 CID U Q 'N U M Z I 8 q vw - O �``4 Y� � �n 0 Ste¢ >4 z a a Q y E �"� f'" I tl Zvp 1N �QU O, dL1C O N b a� O a 0 1 iA- Z O � v z LlJLL f I D <� `i 0 E+�t ' gy� 4G t.- ,1 3o 00 Cr tii M U s4 4q11 f Z� 0 ALL X. W J'_ DU gh t°M �" �tri �,O 00 �U �M—aie+d+� 4� O m a Cl- O f o Lk. wCCw as C7 Z CITY OF NE PCB T EACH July 31, 1986 Peter T. Self Liquidation Assistant F.D.I.C. P.O. Box 7549 Newport Beach, CA 92658-7549 Re:. Harbor Permit No. 107-229 Orange Coast Thrift & Loan No. 2572, Los Alamitos, CA In Liquidation Asset No. 35100020 - 2296 Channel Road, Newport Beach, CA 92661. Monsour, Richard Dear Mr. Self: The permit for the dock that has been temporarily removed at the above address is still in effect. It would be possible, under a maintenance permit, to rebuild'the structure i-n its original permitted configuration. If the property owner or his successor should want to..change the configuration we would require a grant to revise th� e i\sttng .p rmft. This can be done by staff in some cases, or, if necessary, can be referred to the City Cou cil for approval. As matters stand at this time, there is an existing permit and we are assuming that the dock has been temporarily removed'. I'n a dditton to the above it has come to our attention, .through. conversation with. the adjacent property:owner and through field inspections of the property, that there is a`potential problem Oth the exi'stfng seawall at the residence_ This seawall was or constructed under a City of Newport Beach permit, but it is a private property seawall. The adjacent property owner indicates, and i'nspecti'on seems to substantiate, that the seawall is failing, and material - is slowly transferring from the upland site into the bay. It would be our s°uggestfon'that:a structural, engineer be retained as soon as possible ,to make an tnspection:bf the existing seawall and make recommendations as to whether ar not` it is fail i°ng, i`f it needs remedial work, or if it is in a condition satisfactory to support the upland structure. It appears that there is a'si'gnIftcant problem that should be inspected at this time, particularly. since If it failsit could affect the Integrity of the adjacent properttes.' Sincerely, Tony t7m, i'delands Admf0strator TM: db City HallQ 3300 Newport Boulevard, Ncwportcach,`aorriia6' FDIC Federal Deposit Insurance Corporation P.O. Box 7549, Newport Beach, California 92658-7549 • (714) 975-5400 July 23, 1986 Tony Melum Tidelands Administrator City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Subject: Orange Coast Thrift & Loan, No. 2572 Los Alamitos, CA - In Liquidation Asset No. 351000020 2296 Channel Road Newport Beach, CA 92660 Monsour, Richard Re: Harbor Permit No. 107-2298 Dear Tony: After removing the float from the subject property we obtained bids to replace the entire dock structure and to make the existing pilings more sound. The outcome of these bids makes it appear as though we will not be replacing the structure due to the cost involved and its added value to the house. I called your office today to verify that we would not be losing our permit at this time due to the failure to replace the dock. I was told by one of the secretaries there that we would indeed retain the permit indefinitely, thus allowing any future buyer to construct their own dock. Could you please confirm this to me in a letter? I understand that this may be an inconvenience but in order for us to properly market the property we will need to make this disclosure to any buyers. Thank you very much for your help and feel free to call should you have any questions. Very truly you s, Peter T. Self Liquidation Assistant PTS: ja In- -7,2 _�_' 9/9`� P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 June 23, 1986 Orange Coast Thrift and Loan Attn: Alan Westney 10701 Los Alamitos Blvd. Los Alamitos, CA 90720 Re: Harbor Permit 107-2298 for the property at 2296/2298 Channel Road, Newport Beach Dear Mr. Westney: It is our understanding that the above named financial institution is the owner of the property located at 2296/2298 Channel Road, Newport Beach. The bulkhead and structures bayward, to include some concrete steps, a pier and float, have fallen into a state of disrepair and pose a safety hazard. Failure to remedy these problems can constitute grounds for revocation of the permit and subsequent removal of the pier and float, as outlined in Sections 17.24.090(5) and 17.24.100 of the Newport Municipal -Code. They state: 17.24.090(5). "Ground.for Revocation. Any permit heretofore or hereafter granted for any structure or work in the waters of Newport Harbor or the Pacific Ocean may be revoked by the City Council upon any of the following grounds: (5) The work or structure has fallen into a state of disrepair." 17.24.100. "Structure Without °ermit Declared a Nuisance - Abatement. Every structure maintained in or over the waters -of Newport Harbor or the Pacific Ocean without a current valid permit existing there- for when required by this chapter, or maintained in a manner or for a purpose other than or different from that provided in the permit - shall constitute a nuisance and shall be immediately abated and may be removed. If .upon written notice to remove any such structure the owner thereof fails, refuses or neglects to do so within a reasonable time specified.in the notice, being not less than five (5) or more than thirty (30) days after such notice, the City shall abate or remove it and the cost thereof may be recovered from the owner of such structure in a civil action." If you have questions in this regard please cll me at 644-3044. Sincer , Tony elym Tidelands A 9nnsr�d ort Boulevard, Newport Beach i FDIC Federal Deposit Insurance Corporation P.O. Box 7549, Newport Beach, California 92658-75499(714) 975-5400 July 7, 1986 Tony Melum Tidelands Administrator P.O. Box 1768 Newport Beach, CA 92658-8915 Subject: Orange Coast Thrift and Loan, No. 2572 Los Alamitos, CA - In Liquidation Asset No. 351000020 Monsour (Dick Dale) 2296 Channel Road, Newport Beach, CA Re: Harbor Permit No. 107-2298 Dear Tony: As we discussed on the telephone the other day, the FDIC is now the owner of the subject property, and as such have been informed of the problems with the dock and bulkhead. This letter is to confirm that conversation and to let you know that we are working to remedy this problem. At this point in time, a budget is being prepared to cover costs of such construction or removal, and it will probably take us longer than the stated 30-day period. I appreciate your patience and cooperation in this matter. If you have any questions, please feel free to give me a call at (714) 975-4451. o` Very tr ly yours j, eter T. Self Liquidation Assistant PTS:ja 1 e...�_ 1 % G. F. RYFFEL Y 2294 CHANNEL ROAD-� BALBOA, CALIFORNIA 92661 / March 3, 1986 Mr. Robert Vurnham City Attorney City of Newport Beach 3300 Newport Blvd. Newport ,Beach., CA 92663 Ref: 2296 Channel Road, Balboa Private use of City Property Dear Mr. Vurnham: It has been brought to my attention by the Marine Department and the Police Department that your offic(O.s 'reviewing complaints against Richard Monsour (Dick Dale) regarding parking of a motor home on city property, blocking a city sidewalk and failure to maintain a boat dock facility. As a•citizen of Newport Beach and the owner of the 2.294 Channel Road home (next door), I would like to give my comments in this matter. Mr. Monsour has repeatedly failed to comply with orders from the City Marine Department regarding his boat dock and facilities. This has created a physical hazard, an eyesore and a potential liability to the city. During the last major storm in the harbor (1983), huge sections broke away and rammed other docks and boats in the harbor. Mr. Monsour has built a kitchen addition onto his house without a permit, encroaching onto his side yard setback. Mr. Monsour removed the sidewalk in front of his house and replaced it at a different level creating a hazard, again without a permit and.creating,possibly city liability. on one previous occasion I believe your office was involved regarding a complaint for Mr. Monsour placing a large boat (without trailer) for a prolonged period on the city property in front of his house. This area is presently used to park his motor home. Page 2 March 3, 1986 The City property involved, a triangle with a curved side', is approximately 48 feet x 30 feet and lies between the regularly traveled roadway and the wall in front of the house. It was originally set out in this manner to allow a wide loop or turn around at the end of Channel Road. This may be used one day to help relieve traffic congestion at the wedge. All residents along Channel Road, especially on the East side, have to live with parking problems, particularly in the summer. We are not allowed to block the sidewalks, park in red curb zones or otherwise block or create hazards for pedestrians or vehicles. Mr. Monsour has repeatedly violated these regulations, ,creating walking.hazards on the sidewalk, forcing pedestrians with small children to walk in the street among moving vehicles, and otherwise disturbing the normal flow of beachgoers, both visitors and local residents. In summary I request that you take the necessary steps to force Mr. Monsour to comply with applicable city regula- tions regarding docks-, building permits and especially parking on city property and blocking sidewalks and beach access.` I,will seriously oppose any plan that would allow the continued private use of city property and the further non -enforcement of city regulations. Yours tr ly, C. F. Ryffel CFR:ss ''> foa Angete`tt�, a` 0�� o e � Ur llast ,1� Ills , ]3 SIBYL JEFFERSON . Y ; ,dimes Sta Rxefter f urf i.. •i u tar st Die k Dale ob 'ri tai e .. g. _ d a ..,... . a tem orar restraining', order, y _. Iuesda ..from an Or n e .C,ount Y Y Su.er�or Court .commissioner 'to I? "•� r event a thrift and loan t a corn an .: .::_.::..: : <rv<:::• �:. ' 1ling his three ,Story Balboa }?en'insula horrie. v^ 4<.. a 1 , it e f e iaw .f a d .a suit last week x..x •`'a a st ran p Coas't•T ift Loan of LosAla mhos seeking e in g >>: , ; _ ::: :..: n UT1et 0 I . ,� J , z n to block the sale of his r home Chat 1, 41 _ .. ...4 ,.::.:.. .. ..:....:.+.:.�.. ' at, ,229 oz>'. -Newportl Bpach. Last AU Or tinge Coast declared Dale in default { on ialoan, Commissioner Gi`eer II.Stoud's order.postpanes a foreclo"sure sale s -Oft house until at 'least March 4' wh -h a hearingas schedule � _e__d 'T. b -he house wilt in 1926'b razor-, I � . magnate Kin Gi ette :-.has 17 g g <"� , .A:„v: )Y.• %',,� :k, .� . rooms. -and su�:baths and oven �.....,.::4• ..:,.. : �_� • ' "�" � > $'_: •?4>'•' .. The, Wedg e the ` en of -the • d thepemnsula . ' , :,.::..>.., ; „ . _:• Dale's atttirne Janies I) Weber Yr 3 ; ter- of " Gong Beach, sought the ;terriporary .restraining order "on :'the ground that great and irrepara- ble ,'injury will'.result" to Dale; ,according to papers filed with the ' court. R` 'Dale helped launch the surf -mu-' Surf musician Dick Dale" Wpn.' a temporary ,from sellirng f sic eraze'of the early 1960s. As' restraining order to block a savings company the, 1920is 1 "founder and leader of -Dick Dale and the Deltones,' Dale's hits; include Webster;couldnot bereached for thrift &'loan ,coul&hot be reached s'Go Trippin` " °'Surf -Beat;" cammept :Tuesday.' However, an for comMent. ' 'Niserlou" and "De itof a Greni ' assistant to Webster said .that the In court documents 'supporting restraining order was sought in the restraining, order;' ;Websaer ,Since th1.at' time, ,Dale's past has , response to the' thrift and loan's stated that "...` I have discovered been clouded by.a wave ofpublici- notice of default! ' - certain matters that, lead .nie tc ty,' ncluding a, bitteY',divorce and "The w.ay it looks now, there believethatthecd ent.foreclosure eh"ild •rnolestation 'charges.. Dale were.:some improprieties with the by OCTL isv invalid, for -,several was acquitted on l0 of 12 rr►olesta-; loan,." the ' leggy assistant, who reasons, one of -which is the fact tron;.char.ges and two otl}ers ,were asked not to be identified, said that OCTL's notice of default; and dismissed - Attorneys for . Orange Coast election to self, `vyas p I maturely Wednesday, Februa.t.y 19; 1986/Part; Il l I � t dale of Hs 'H) { + .. .... .... ....... . Dale be an receiving funds from g g Webster s assistant said th t :....:..: .... .:.....: :. t ..:: :......>.:.........;..:..:... F +:: __ Oran e (,oast between A ust, and Dales to g. Ug an called for Mont, ....:.:.:. ,I intere st a m6nt s fi 14 5 : In "e tetnber j 984 the laws i p Y o$ 7 3 t o S u t said. , . h, . p <?::..:.::;>.<`;::.:: _::'>: ";.-.:, �'°;::<::°:°,.,:i::;:.'-•:'::: a 4.;::::.::::.....,.".: .: •.:'+..:.:.:.:: :::....:..:..:... ... notice of default t e thrift 'rid loa His . e 7t h. a n ,.t ian _for ,bankr l? uptcy was :.. :....:....::::.::.:.. :..:..:.>..:v,...,.... :..::....:....:.........:::.:........... >::.. ......:: ..::........ -. contended tgiven hat Dale . was . . a filed e • artier that ear actor ,. ,-. Y , _ din to year to repay the loan which came ,•.{,. . , .................. . ,.....:............:.:..:......... the.law due June 1 I 985. S.. K.: 2 I : } j i GAAY A ;)a Peninsula home, k r , magnate King Co Iso, ' earned: tip the su : I <., Insurance pp extremely di — our new i e com un u .] q best of over > the Most col viAltJ 413RSE -. Naflonal will in ilt C111C.t1' Hers or ue? e,.%7TVMt I lr®NI' Wheelsi fie quest€on=and-an wer'column.with ' verything'you need to know to keep yourself;:; obile 7humdAv5`,in tha Timers ViPw.sPnt{nn February 11, 1986 C. F. Ryffel 2294 Channel Road Balboa, CA 92661 Dear Mr. Ryffel: I have discussed your letter of January 25, 1986 with Tony Melum, the Tideland Administrator. He has given me a letter dated November 27, 1985 prepared by Trautwein'Brothers, Waterfront Construction Co. The attached letter suggests that the dock at 2296 Channel Road, although an eyesore,.is most probably not going to wash away, due to the fact that there is a pile -through the center of the dock. I will be happy to meet with you at my office and discuss the situation in more detail if you feel there is an action that the City can take which would rectify your concerns. Hopefully, a solution can be found that would be mutually satisfactory to you and to Mr. Dale. I can be reached at 644-3044. Sincerely, David Harshbarger Marine Director E 3300 Newport Boulevard, Newport Beach C. F. RYFFEL, 2294 CHANNEL ROAD BALBOA, CALIFORNIA 92661 January 25, 1986 City of Newport Beach Marine Department P.' O."Box 1768 Newport Beach, California 92658-8915 Attention: David Harshbarger, Director RE: Dock at 2296 Channel Road Gentlemen: On October 7, 1985, I wrote concerning this hazard and eyesore. Your reply (Tony Melum) dated October 21, 1985, indicated your proposed action. Three months have passed and the problem has not gone away. Although the resident does not use the dock, it is used regularly by boaters, fishermen and wind surfers. Ido not understand your failure to enforce applicable city and federal regulations in this matter for three years. Please advise me of your proposed action, if any, so that I may determine my future course of action. Yours truly, C. F. Ryf e1 CFR:ss cc - City Attorney WATERFRONT CONSTRUCTION City of Newport Beach PO Box 1768 Newport Beach, California 92658 Attn Tony Melum., Tidelands Administrator. Re Existing Waterfront Facility @ 2296 Channel Road. Dear Tony 2410 Newport Boulevard Newport Beach, California 92663-3798 Telephone (714) 673-1960 Contractors Ucense No. 451559 27th . November 1985 I observed the facility from the shore and the following are my observations and thoughts . 1. There are three (3) free standing pier piles. Apparently the rest of the pier pile, pier top and ramp were destroyed some time in the past. The three (3) pile are wood and probably will remain for some time. 2. The dock seems to be floating level and is held imposition by two (2) pile and two (2) shore lines. One (1) pile is through the middle of the dock and the other pile is outboard with a new heavy duty pile hanger. Also around the outboard pile is a heavy chain attached to the dock. If for some reason the outboard hanger broke, the two (2) lines to the shore broke and the chain around the shoreward pile broke, the dock would continue to be held by the pile through the dock until repairs could be made. 3. The remaining portions of the original facility do present a rather run down condition but probably are as safe as hundreds of other facilities around the harbor since there is no ramp riding on the dock nor are there any boats tied to the dock. I hope that this helps explain the conditions at this location. Feel free to contact me at any time. Sincerely TRAUIWEIN BROTHERS WATERFRONT CONSTRUCTION 'amuel F. Kniss c.c. Dick Dale PO CITY OF NEWPORT BEACH _ P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 November 22, 1985 Mr. Dick Dale R.A. Monsour 2296 Channel Road Newport Beach, CA 92661 Dear Mr. Dale: As a result of your failure to attend the office conference on November 13, 1985, we have no alternative but to proceed with further enforcement action regarding your residential pier and float at 2296 Channel Road. This matter wil.l.be placed on the City Council Agenda for December 23, 1985. At that time it will be staff's recommendation that the permit for the pier and float be revoked, as provided by Section .17.24.090(5) of the Newport Beach Municipal Code, which states: "Revocation of Permit. A. GROUND FOR REVOCATION. Any permit heretofore or hereafter granted for any structure or work in the waters of Newport Harbor or the Pacific Ocean may be revoked by the City Council upon any of the following grounds: (5) The work or structure has fallen into a state of disrepair." Upon revocation of the permit the dock will be removed as provided for by Section 17.24.100 of the Newport Beach Municipal Code, which states: "Structure Without Permit Declared a Nuisance -- Abatement. Every structure maintained in or over the waters of Newport Harbor or the Pacific Ocean without a current valid permit existing therefor when required by this Chapter, or maintained in a manner or for a purpose other than or different from that provided in the permit, shall constitute a nuisance and shall be immediately abated and may be removed. If upon written notice to remove any such structure the owner thereof fails, refuses or neglects to do so within a reasonable time specified in the notice, being not less than five (5) or more than thirty (30) days after such notice, the City shall abate or remove it and the cost thereof may be recovered from`the•owner or such structure in a civil action." If you have questions in this regard, please call 644-3044. Very truly yours Tony Me u Tidelan s Administrator TM: db 3300 Newport Boulevard, Newport Beach Q SEW PORT U ? /FORN�P CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714)644-3131 October 24, 1985 Mr. Dick Dale 2296 Channel Road Newport Beach, CA 92661 Re: Dock at Dale Residence/2296 Channel Road Dear Mr. Dale: It has been brought to our attention that the dock, harbor permit number 107-2296, is in a state of disrepair and causing a hazard to navigation, boats and persons on the docks nearby. In an effort to resolve this matter, an office conference has been scheduled for Wednesday, November 13, 1985 at, 3:00 P.M. If you fail to attend this office conference, we will take appropriate legal action based upon available information. In the event the dock has been repaired prior to the November 13, 1985 date, if you will contact our Marine Department and schedule an inspection and obtain approval, the office conference will not be necessary. Otherwise, it is imperative that you attend the meeting scheduled on November 13, 1985. CAK / j c ec: &t;4y tr ly yours, Carol A. Korade Assistant City Attorney Mr. Tony Melum Marine Department 3300 Newport Boulevard, Newport Beach k SEW PO 7 O CITY OF NEP TBEACH v P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 October 21, 1985 C. F. Ryffel 2294 Channel Road Balboa, CA 92661 Re: Dock at 2296 Channel Road Dear Mr. Ryffel: We have been in contact with the property owner at the above address for some time regarding the condition of his pier. In the past we had not considered it a safety hazard, particularly since the property owner had agreed not to use it until it was repaired. He also agreed to make a good faith effort to have it repaired. Because the pier had not been repaired as of 9/16/85, we contacted the City Attorney's office to assist us in getting the situation resolved. Within the next two weeks we will be meeting with the property owner to discuss his compliance -and to discuss our options if he again fails to have the dock repaired or removed. If you have further questions, please call 644-3044. Yours truly, Tony M) 1 u Tidelands Administrator TM:db 3300 Newport Boulevard, Newport Beach C. F. RYFFEL 2294 CHANNEL ROAD BALBOA, CALIFORNIA 92661 /4 119--Af P ilv� A. E72 -.- MY -------- LIU eD C-Tl� rn, CITY OF NEWPORT BEACH Marine Department Septemer 16, 1985 TO: CITY ATTORNEY FROM: Marine. -Department SUBJECT: HARBOR PERD4IT 107-2296 As the attached letters indicate, this pier has been in a state of disrepair for some time. The'permittee acknowledges that it needs to be repaired, but lacks necessary funds. Can your department set up a meeting with permi'ttee to assist in getting compliance? Tony Melum Tidelands Administrator March 1, 1985 R. A. Monsour 2296 Channel Place Newport Beach, CA 92661 Re: Harbor Permit #107-2296 On February 25, 1985 the Newport Beach Marine Department received a complaint regarding your residential pier and float at the above address. Specifically, the complaint was -that your pier, ramp and one of the three anchor pilings for your float were missing. On February 26, 1985 an inspection was conducted which confirmed the complaint. Based on this recent field inspection and the fact that the condition has existed for over a year, we must request that repairs be begun immediately. In 1983 you applied for a maintenance permit to repair the pier and ramp. This included paying the permit fee and submitting preliminary drawings for the intended work. No further fee will be required, but you will need to update the drawings before a permit for the work can be issued. This letter is to inform you that the condition of your permitted structure is in violation of the City Harbor Permit Policy'No. 4, Section H which states: "Repairs: The permittee shall keep the structure in good repair at all times. Failure to repair, when written notice has been -given by the Marine Department, shall be cause for the revocation of the permit". If the Marine Department does not receive an adequate commitment from you within 10 days of issuance of this letter, we will be forced to refer action to the City Attorney whowillproceed with revocation of your permit. Please contact this office at 644-3044 within ten days. Sincerely Ila Tony M,=%,lTidelands Administrator N CC.: City AtigMyNewport Boulevard, Newport Beach 1-5-84 DRIP: gh State of Californiia,George Deukme j Jan.,. Governor California Coastal Commission 5- 8 3- 7 8 0 South Coast District COASTAL DEVELOPMENT PERMIT NO - 245 West Broadway, Suite 380 P.O. Box 1450 Page 1 of Long Beach, California 90801-1450 (213) 590-5071 On December 141 1983 , The California Coastal Commission granted to Richard Monsour this permit for the development described below, subject to the attached Standard and Special conditions. Rebuild existing private boat dock in conjunction with a single-family residence. Site: 2296 Channel Rd., Newport Beach, CA Issued on behalf of the California Coa Executive Dir or and ACKNOWLEDGEMENT The Th.e undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. Date Signature of. Permittee 5/81 Coastal Development Permit No. 5-83-780 Page 2 .STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not valid and construction shall not cowwnce until a copy of e permit, signed y the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If construction has not can enced, the permit will expire 'two years from the date on which the Commission voUU on -the application. Construction shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. __Co�a�l...ian��ce. All construction must occur in strict compliance with the proposal as set forth in the application for permubject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and my require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, su �e�24•hour advance notice. 6. Assignment. The permit nay be assigned to any qualified person, provided assignee files with the Commission an afadavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the rssion and the permittee to bindall future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: NONE IV.&Rlo ov,- 6.,6.4 cl.-I Ile, C) D At "C 1� IR 6 "r IS VICIMITY .5;<ETCH rry A Ewsr NawpoRr 5AY, CAL J;roaNIA jerrr NOW* WARMER' &A"- FIA 5 belOW WOleeA. A CITY HALL REWPOIIT ILVIL / OrC .7 0 h 0.' ;7 'Ale' A'O 1? 0 Ir',-- W orf NEWPOT 10P. CA 92ON' e C C 'V ar. -tRAt\/(-C MtWPok-r Xt. A90 -41, f.Nj-5;) mc, ----- 5 J-- 47' out, h 0 f f I 3 :2 LI Byl C A NA/ 1 L 4-PPL / CAA 1 -/7-5 IV4"-o RIC�OL4 A MON -.Xoa Aoogsssd,?'?(, Chayine-1 Cy 7- / 6 6,k-, p 71-z A c 7- C47A.17-AFA C roA- 0 (.)Ak>- C DA STATE OF CALIFORNIA—STATE LANDS MISSION I GEORGE DEUKME FIAN,;Governor STATE LANDS COMMISSION 1807 13TH STREET SACRAMENTO, CALIFORNIA 95814 November 7, 1983 File Ref: SD 83-11-04 Mr. Peter Swift Swift Slip Dock Service 9092 Carroltown Drive Huntington Beach, CA. 92646 Dear Mr, Swift: t" 9� �� CO , t Subject: Rebuild Residential Pier for Mr. Richard A. Monsour a 2296 Channel Road, Balboa, CA. Orange County. '?'f-7- The staff of the State Lands Commission has received your letter and copies of the permit drawing relative to the reconstruction of your client's docking facilities in the Newport Harbor entrance channel. This is to advise that the tide and submerged lands over which the proposed project will extend are sovereign lands of the State of California that the Legislature granted in trust to the City of Newport Beach. There- fore, you need not apply to the State Lands Commission for project author- ization. You should, however,apply to the City of Newport Beach for any necessary permits or approvals. You should also apply to all other agencies having approval authority. This action does not constitute, nor shall it be construed as a waiver of any right, title, or interest by the State of California in any lands under it's jurisdiction. Very truly yours, JUDY LUDLOW Granted Lands Representative JL:epc cc: California Coastal Commission South Coast District 245 West Broadway, Suite 380 Long Beach, CA. 90802 Robert L. Wynn, City Manager City of Newport Beach, City Hall 3300 Newport Boulevard Newport Beach, CA, 92660 r NAME ADDRESS OF PROPOSED FACILITY PERMIT IK RwhardA. Mo e- aq6 Chan vie . oa 1071-2-2-p MAILING ADDRESS HONE NO. FEE OO CHECK NO. DATA APPROVED BY: DATE APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT 70 OCHO CONSTRUCT�EVISE A Pier a� / P. AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF ENGR N EWPOR`T BEACH POLICIES AND THE ATTACHED DRAWING COUNCIL ❑ �PPEERMIT BY W Ner .COMPANY DAT EO-���-->♦/ - .PUBLIC WORKS DEPT. ESCROW ❑ ❑ DATE INSPECTION El SIGNATUR El SPECIAL CONDITIONS: iX CITY OF NEWPORT BEACH, CALIF. Wx FORM 68.1010 STATUS SHEET .HARBOR PERMITS LOCATION PERMIT NO' 1 APPLICANT NAME CONTRACTOR x~~ Date Rec, 88 Amt. Date Reviewed by Marine Dept. Approved Denied C0rectiOD Required - Description ' City COuncil:A Approved Denied Remarks DATE MATERIAL SENT/APPROVED C.O.E.SCRZCC 3A l, Application 2, Consent Ltr. 3. "Waste" Ltr. 4' Drawings 5. Staff Report 6, 7. 8' REMARKS .4t *��~� New ~� R8YiS1VD *~ ' ^ DrSdqin ` Fee Processed .� � J.H.C. OR CTY DATE FINAL FINAL INSPECTION 0 4 t) f I-R-1 -C,� -AP f) .11 Of)N'�r)(10 � H,riNNE L.... OAI o� J .Cl T Y /1/wwoaer 6,s-.4cw 41 Al Cal MP/dLD- C 1 ss 0 cl em- - ;os3s Wss> JETrVdCINJITY SKETCH AE6GRs.ur i Jcrrr ' If Naw poRr 5AY, CAL IFBRNIA y / 5 Y KID'* - Sour�d�ngs ore e.Ypressed /n fce� and denofe depths below /UiCor/ LOW&,- Low Wafer. tilax/+mr.'s ron9e a{ :ride 4pprvX/srrO�ia/Y !O ,!tef Norbor /1f7e5 ore esiob//'shed in �h:s _ section of'N¢wporf Sod qq ij 9�� PL/CfJ.vTS Picbatrd A filowsour e T�Aci -�CB Aooess5 ,,�7ChCDon-c l RcxicJ C01.17-MAC LOX QW Of If MEMORANDUM OFFICE'OF THE CITY ATTORNEY November 8, 1982 To: Tony Melum, Tideland Adm.-- Ben Nolan, Public Works Director From: Robert H. Burnham - Assistant City Attorney Subject: 2298 Channel Road The above referenced building/zoning matter has been assigned to me. If you need any assistance from this office please contact me and I will either send follow-up letter or commence litigation to insure that the property is brought into conformance with the ordinances of the City. F F ? 1 1" � ee RHB/ b f MEB-ChannelRd INK e,5` IC W PO r) CITY OF NEWPORT BEACJ 14 - A 92663-388.4 �W —, P.O. BOX 1768, NEWPORI BEACH, C (I __ -_ October 27, 1982 R. A. Monsour 2296 Channel Road Newport Beach, CA 92661 Re: Harbor Permit #107-2298 Dear Mr, Monsour: In August of this year the Marine Department wrote 'to you regarding the condition of your pier, float and bulkhead at 2296 Channel Road As of this date it appears that the float has been repaired but there is still a problem regarding the pier and -iron rods protruding up through the bulkhead. Repairs to -these areas must be made immediately and the area barricaded off to protect the public. If the Marine Department has not received notice that these repairs are under way in ten (10) days, we will be forced to take further action. Sincerely, Tony Melum Tidelands Administrator Marine Department: TM: ng 3300 Newport Boide\,ard, Newport Beach October 26,1982 Mr. Mike Miller City Attorney, Newport Beach, Ca Mr. Tom Melum . City Tidelands Adm. Newport Beach, Ca Dear Sirs, Mj�, 1N 82 lop 1 WWI A This letter has two major concerns and a number of minor ones. All are at the home of Mr, Dick Dale 2298 Channel Rd. Balboa, Ca. First is the sidewalk. Mr. Dale has cut away and lowered the sidewalk in front of his garage, causing two places that anyone can trip over. No permit was issued for this job I'm sure, and I'm positive the liability to the city, when someone trips and breaks their leg or arm is 100%. Beside the liability the driveway and sidewalk look bad. The whole thing should be made safe and conforming. It should be repaired properly at once in order to relieve the city of it's responsibility. Second, the dock,float and pier are all in an unsafe condition. Pilings have rotted away, and broken off. There are no hand rails, decking is not continuous. Electric wires are not contained in pipe aRro conduit. It needs a total rejuvenation and repair. As you probably know, the location of Mr. Dale's property and all along Channel Rd., when the winter storms come in January, and February we have some really big waves and very rough water. Docks, piers and even boats have been destroyed, even When in excellent condition. With the present state of decay and lack of maintenance feel that the city of Newport Beach also becomes responsible for damage caused if the Dale docks etc. break loose and then crash into someone elses property and cause further damage. A domino effect along Channel Rd. is a real possibility with a bunch of docks, piers and boats all being wiped out at one time due to poor maintenance. Among the minor items the wall on the street side of the house is leaning at a dangerous angle. The big gate looks as if it may fall over at any time. Electric wires are hanging from the house as well as T.V. wires. The inside of the house has been torn apart with out permits I'm sure and if work has been done inside as it has outside, I'm afraid the whole structure may fall down. This situation has gone from bad to worse over the last three years, and it now looks realydangerous. A very concerned neighbor � lJ Marige Coltb actors Gillis FLOATS • PIERS BULKHEADS • PILINGS MOORINGS NEW INSTALLATION AND REPAIR Inc. 2806 LaFayette Ave. Newport Beach, CA 92663 _ (714) 673-1630 November 28, 1977 City f Newport st o Beach Marine Division c/o Glen Welder - 3300 Newport Blvd. Newport Beach, Calif. 92660 Gentlemen: We request approval, as shown in the attached drawing, for the installation of a finger float located at 2296 Channel Rd., Newport Beach, California. At the time of installation it became apparent that the float at 2294 Channel Rd..was on the property line instead of in accordance with the five (5') foot side yard setback requirement. It was the intent of Mr. Monsour to have ten (101) :feet between the two docks as the city specifications require. Therefore, we request the placement to be on the property line at 2296 Channel Road. Thank You. i Sincerely, Steve Barrett Agent for, Richard Monsour 2296 Channel Rd, Newport Beach, Ca. 92660 I �P/1111' Va CITY OF NEWPORT Brr.AC.-H HARBOR PER, oily PERMISS70M, IS t-jEf?Fgy -T A MAINTAIN S tm AT I'Mr. SgTE ZV.Cnqc . G, -21, OUrp"Cl XN, A14V Is N07, AVID V-U.,�; !�Ie x i 'V Sc 0 U Pin i L IN ACCCMW&�! i VJ �Yh 114LU 17 UIF' 11"W" &BUMCIPACO'DE.. R 0 0 R D I WA-T-()7 h PERMI-T-Ro-, X-C" UATA CONSTR,UCTICON" rVERMIT DATE 5 U' MACRO SHEET 8PECIAL CONDITWPM CorPs Of Ef'91"t'rs Pwmk ?—If - 7 -7 oralize County okkm- 5-cezcc � 1ST OF' a� x titid� aG `� O y'Tf STA7E5 OF ��pl DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES, CALIFORNIA 90053 11 August 1977 City of Newport Beach Marine Safety Department Attention: Mr. Dave Harshbarger Director 70 Newport Pier Newport Beach, CA 92660 Gentlemen: Thank you for your letter of 21'July 1977, on behalf of Mr. Richard Monsour, requesting a revision of his permit, No. 76-191. We have reviewed your revised drawing and have accepted it as part of his existing permit, therefore, an additional permit will not be required. If you have any questions regarding this matter, please call our Navigation Branch at (213) 688-5606 before 3:45 pm. Sincerely yours, R. P. YOUNG, P.E., Chief Construction -Operations Division CITY OF .O July 21, 1977 U. S. Army Corps of Engineers Construction Operations Branch P. 0. Box 2711 Los Angeles, CA 90053 Attn: Mr. John McVey Dear Mr. McVey: Please find attached, a City harbor permit drawing for Richard A. 1onsour at 2296 Channel Road. This is the drawing that you and I discussed on the telephone on Thursday, July 21. On February 18 you issued a permit for this structure with thefloat having a five foot width dimension. The applicant now wishes to revise that float to an eight foot width. It is my understanding that this would not create any problems and that this revised drawing will be the permit on record. Respectfully,// or D. Harshbarger, Director Marine Department DH:11 Attachment cc: R. Monsour City Hall * 3300 Newport Boulevard, Newport Beach, California 92663 PI. of', To 157 94160A 475�;a mai.FI.w 5.4' VICIMITY SKETCH wrrrJErrr jerrr (/Yo PRrDiGIING NXwPoRr f3IAY CAL IPCIaNIA 4p, 5'0 U,-7 (YI n (7 5 are expressed IP7 reel and Cla-1707e LOWLfr LOW L%10P(d'P_- A10j"'rPU'" /0 -/4r&7r 1_7'0--h0P- ore caia6lt,sheal in ?�A;S . S&CA,00? 070,4/dwporfl '50'r. #XR,60R PWRANC6 NZ-WPC)N7' See 11YR 46 ............ 2 4 Pw 4 A WE a 0 4 N TF_ w 0. vt- U, T. 107 4 3 -1 ,x( 0 -1 D A A A Cyr I A3 4,A-, -7 COAIrArA C rO AUGI&�' 4DW_12A 4 CITY OF NEWPORT ;EACH HARBOR PEW.%M-lT pERMIS$ION 13 CtEj,,rFay iti)CT AM K MAINTAIN THE FACWOW SHO!, IM 4m ykm AT THE SITE THE HARBOR T AN! ANY SPECIAL 9. is NOT TH ,rp,E wvGgq*?,.i AND T!"llilZi VIF.ErAill MAY S"-� 0.;�VIQIIKE-�) WY IN ACCORDANCE WITH 1'M-E 1-t 'r)'F TVAE COME. rammm., "Wlo mw� /0 CONSTRUCri, ION PEI-Pt-iffirl" DATE .... SEE ATTACHED SHEET SPECIAL CONDITWNS,.. C,01'Ps Of n9imors Perm, tt 77 ot,vngo County pt�rndp,lt TI SUPER, Ed,sT ED WE cln� O'g. 1vso'po'vr 6'excl-I s, -- Pv, of 'I Aj M.A.H.W 15.13. 12.00'C/Y �'` � �� �w9 4 ! V `." } y r'`af'0``ry.-r, V 4' 1(1� 2A < lb. A? e m.rw,.O,cf "ArA ,Ve"y .110 M Vitt MA'c VICIMITY 5xr:TCH Wogr Afrrr N DA y/ CAL ll:*ORN/A - 1 5'0 epi CyIn 9,5 ore lee7l and c/--Oye depths beloW AleOP7 I-Orver LOW k1O14eO-- Alor"'rPC/ -7 range c7/,ppprvx/w7p�e/ylo vZe-/. Hop-ho.- 47e5 ore eziablo'sheal in sec.4-00? Bar. lea � rlq' ._..r,s4� �_,. i ,, 90' 8 0 4 till, So, -4- qO U. S. /0 7 ScRIe- ,,,T Ica' C) xj -/mot A oD ee ss 7AI-MA C r4o Aw G i t f/ I """ 4.1 IC7- -Vr'�() 17 Ifft'O'ITY OF NEWPORT —kACH HARBOR PERMIT PERMISSION IS 14E�jEk$� y GRAMT`13) TO COVIU'VnUcy AM MAiNTAM *rHE FACILITY SMOVml RVZ,,r AT T14E ;oNs 0,17 THE HAf?8*R A ANY SPMAL PER"ITo IS NOT ll-RAksh--raito.p-o-c NG ',r N T 0 THE C-'4"y IYAUIUO-i? !aR NIGHIM G"'VEN UNKII-En AND THIS PERMIT MAY ZZ,' Wit TE'01-' Cj7V cou*zK IN ACCORDANCE WITH lff'LC-' 17 Q� TiX' MU,419XIPAL COMI. T NO. i�—IfY— —WARl§0--R C006-t—)l9-AVr-6—R D k-7ff-- CONSTRUGFIDN 1PERPUff DATE SEE ATTACHED SHEET SPECIAL CONDMOM=S'- Coros of Ells Ineers p.,mit ;7 Orange C*untY Perm't oilier: 5,coe 7 6c /0- -7 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES, CALIFORNIA 90053 SPLCO--N Mr. Richard A. Monsour 2296 Channel Road Newport Beach, California 94061 Dear Mr. Monsour: 18 February 1977 Reference is made to your request of 2 September 1976 (76-191). Upon the recommendation of the Chief of Engineers and under the provisions of Section 10 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized by the Secretary of the Army to construct and install a ramp, float, and piling at 2296 Channel Road, Lot 1, Block P, Tract 518,.in Newport Bay, Pacific Ocean, City of Newport Beach, Orange County, California, as shown on the attached drawing and subject to the attached conditions (a) through (v). Notice of the commencement of the activity must reach this office at least five (5) days before the activity actually starts. Please use the inclosed forms. BY AUTHORITY OF THE SECRETARY OF THE ARMY: 1 Incl HUGH G. ROBINSON Work Status Forms (dupe) r COL, CE District Engineer 0,_UT101V'9 2 2� U 2 2 alb 7776.191" STAR OF CALIFORNIA Edmund G. Brown Jr.a�Governor CALIFORNIA COASTAL ZONE CONSERVATION! COMMISSION SOUTH COAST REGIONAL COMMISSION 666 E. OCEAN BOULEVARD, SUITE 3107 P.O. BOX 1450 LONG BEACH, CALIFORNIA 90801 n(` y 919,v (213) c ZXX (714) U"648 % 4� "� g 590- 5071 C, P, ae CVA rr ADMINISTRATIVE PERMIT Application Number: A— -20—6_S 10 _ Name of Applicant: Richard A. Monsour 2296 Channel Rd., Newport Beach, CA 92660 Development Location: 2296 Channel Rd. Ne ort Beach CA Development Description: Extension of existing pier to 57' from the bulkhead and construction of a 40' x 5' slip.float. 1. In accordance with Section 27422,Public Resources. Code, the Executive Director on behalf of the South Coast Regional Comiission finds that ,said development will not have a substantial adverse environmental or ecological effect and is consistent with code, Sections 27001 and 27302. 2 Wherefore., administrative permit A=q_20=76_-8 19 C) is approved. A. That this permit shall not become effective until the attached verification of permit has been returned to the South Coast Regional Commission upon which copy all permittees have acknowl--� edged that they have, received a copy of the permit and understood its contents. Said acknowledgment should be returned within ten working days following issuance of this permit. Executed at Long Beach, California - i October 4, 1976 Date M.J. Car enter` Executive Director eJ/s 2574 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. •O. BOX 2711 LOS ANGELES, CALIFORNIA 90053 I SPLCO-O No, 76-191 20 September 1976 City of Newport Beach Marine Safety Director 70 Newport Pier Newport Beach, CA 92660 Gentlemen: Your comments are solicited on the proposed work in navigable waters of the Pacific Ocean described on the inclosed sheet, especially with respect to the effect it may have on your responsibilities. Receipt of your views within 30 days will be appreciated. Sincerely yours, .JC/ 1 Incl H G. ROBINSON As stated L, CE District Engineer ,oyTloy eo a m U 2 a` 1776.�9�6^ APPLICATION FOR A DEPARTMENT OF THE ARMY PERMIT One set of original drawings and two copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and checklist). 1. Application pumber (To be assigned by Corps). 2. Date. 3. For official use only. Sept. 2, 1976 Day Mo. Yr. 4. Name and address of applicant. Richard A. Monsouf 2296 Channel Road Newport Beach, California Telephone number 675-6955 Social Security No01-2$-9104 5. Name, address, and title of applicant's authorized agent for permit application coordination. GILLIS & DERBY, INC. 2296 Channel Road Newport Beach, Calif. Telephone Number( 714) 673-1630 6. Describe the proposed activity, its purpose and intended use, including a description of the type of structures, if any, to be erected on fills, or pile or float -supported platforms, and the type, composition and quantity of materials to be discharged or dumped and means of conveyance. Eroposed ramp and slip float. 7. Proposed use. Private IX Public ❑ Commercial ❑ Other ❑ (Explain in remarks) 8. Name and addresses of adjoining property owners whose property also adjoins the waterway. City of Newport Beach Mr. Charles Ryffel (jetty entrance) 2294 Channel Dr. Newport Beach, Calif. 92660 9. Location where proposed activity exists or will occur. Lot ' 3 Efpck 2$ Eastside Addition.' Sec. - Twp Rge (Where applicable) California Orange County NP,..,,nrt Tk2 state county in -City or Town Near-, city or Town 10. Name of waterway at location of the activity. Newport Harebor 'ENG FORM 4345 REPLACES ENU FORMS434bANU4440-1 trAn fai,mNr i (ER 1145-2-303) 1 APR 74 AND 4345-1 (PART B), JUN 71, WHICH ARE,OBSOLETE• (EP 1145-2-1) jj, f K Date activity is proposed to commence. Unkown UpOn issuance Of permits Date activity is expected to be completed. Unkown 12. Is any portion of the activity for which authorization is sought now complete? Yes ❑ Noll If answer is "Yes" give reasons in the remarks section. Month and year the activity was completed Indicate the existing work on the drawings. 13. List all approvals or certifications required by other Federal, interstate, state or local agencies for any structures, construction, discharges, deposits or other activities described in this application. Issuing Agency Type Approval Identification No. Date of Application Date of Approval City of Newport Beach Army -Corps of Engineers Regional Water Quality Control Board Coastal,Commission 14. Has any agency denied approval for the activity described herein or for any activity directly related to the activity described herein? Yes ❑ No IX1. (If "Yes" explain in remarks) 15. Remarks (see paragraph 3 of Permits Pamphlet for additional information required for certain activities). N/A 16. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I. further certify that I possess the authority to undertake the proposed activities. Signature of Applicant 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowlingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisioned not more than five years, or both. The application_ must be signed by the person who desires to undertake the proposed activity; however, the application . may be signed by a duly authorized agent if accompanied by a statement by that person designating the agent and agreeing to furnish upon request, supplemental information in support of the application. If the activity includes the discharge of dredged or fill material in navigable waters or the transportation of dredged material for the purpose of dumping it in ocean waters, the application must be accompanied by a fee of $100 for quantities exceeding 2500 cubic yards and $10 for quantities of 2500 cubic yards or less. Federal, State and local governments are excluded from this requirement. G�/ T Y NE�YGD/PT B.EACN � of //7 SOU d , 00 ` � I Y t N dr JIB. Ac- � � • 4. o' c { 1 ,, ``qg — �i -O A — . , �ot'a►.� 1. ti�i-12.o0' ,,Sc/<ip rN� 4W ED I NG\ � ' t q VICI MITY SKETCH. irrrr \ Nrwaorrr 5AY, CAL lFoRN/A yc / R 10' 20 w - - - - - 5'OU.170'/n95 are r.(P�C ss Cd //7 1acjA` Ond dino/e dapY'As. below Mao.? 4orver 4ow Wor'er, A4ox/_c/," tanyB o{ fide Oppwx/.np�s✓y /D �atf. -'Ycwho" /""7e5 are esiohlr'shed A-" Ihz,5 ,sec�.oq orcNc.✓Porf Bvr 1 1S'11rQB0R ,RVTR141VCZ NZAIP6W719Aj' _Cleo U s. PROf4 c'r UNE ' ax 24 Rym Ro _ G, s. BucK��',5►v ; ; p,e� .cities ifo* IF U, S. 107 3 pMIMS 0 2a' L/CA,vrS RIK,6krdi A on c, Cal- J Bcx, A 7O- Acr SIG ,toe C ff l CcAlrRAcrc w Gi(h( 1> rj PAre 7G STATUS SHEET HARBOR PERMITS LOCATION #,G t l k_x ; t .. / New PERMIT NO. � �t � � �. � €f= �.,�, Revision APPLICANT NAME Dredging CONTRACTOR Date Rec'v Fee Amt. - - Fee Processed Date Reviewed by Marine Dept. Approved - Denied Corection Required Description City Council: Approved Denied Remarks DATE MATERIAL SENT/APPROVED C.O.E. SCRZCC SARWQCB J.H.C. 1. Application 2. Consent Ltr. 3. "Waste" Ltr. 4. Drawings 5. Staff Report 6. 7. 8. REMARKS 1 S %) DATE FINAL INSPECTION OR. CTY. T.I.C. i DATE .... a..7. 7 cite OF N 'PO EA SEE ATT ED SHEET ARBOR PERIMIT PERMISSION IS RER-EnY G.R"el;RTED TO CONSTRUCT AID - MAINTAIN THE F AC21.IYV Sf;• CA "N ON THE REEF � RSE P9Cit WiF, AT THE SITE INDICATED, 70 THE PROV SIONS C7i THE HAR 3OR I"EXA 11 ti GU xL-'-"�L'5 OF I'lr,, IP0n T BEACH ANC ANY SPECIAL C ONDA'I"FOINS NE&"' ON. THIS PErPiMI? IS NOT 'B R ACC S` " QI.AZiL WR11" EN C"Oi` SC NT G.- THE CtlY H.zRAOR OR 60 Y COUNCIL. Tv AND THIS PERWHT MAY E'1: n VOCfED BY THE CITY Co'UN`Cil IN ACCORDANCE WITH TITLE t7 OF 'I"NE MUNICIPAL CODE. XW13-6-R-C-06RD1 Ton PURM-If IM. DATE SPECURAL CONDITIONS: Corps o4 Engineers Permit a - /d�2 7 % Orange County Permit STATUS SHEET HARBOR. PERMITS TRANSFER r f j '� Locations �' r'; �r't, E...F Permit #j` Date Application Received 4,. / ; Fee Re dL1( r-Request for Inspection Escrow Co. Date ,,/q Date Ins ection Made �= p Date Deficiency Letter Sent (if applicable) Date Deficiency Corrected (if applicable) Date Orange County Notified (if applicable) Date Transfer Completed F City of Newport Beach Date May 17, 1976 Attn: Harbor Bivision 3300 Newport Blvd. \ Escrow No. 12-7699 Newport Beach, Ca. 92660 Your No. 107 L J We are enclosing the following in connection with our above numbered escrow: (x ) Our check #16993 of 110.00 for transfer. (x) Transfer form. ( ) S R Co" opn exA �. nee o g1gj�0® 14 t ) Original Policy of Title Insurance No._ ' ( ) Copy Dated Issued by Very truly yours, Escrow Officer Form 84-B Misc. Encl. Letter RX LIETZ 13U SLU-LAR 9-4s 1\ rn aAaoor ro UMF ,WIN pcm=T,"rloAl C-C 5C.4 L E .- Y4 "' = /'- 0' W-INWM amil WWA 14 Al/ W EL. 2.5 7107 W L Cr .2- wco -c4czl rOr,dl- 4 AW 4k 1:4 14 v Vi IWA M, MAW mNoI;� m APPROVED AV UBLIC WORKS DiRECTOR ll of. �DATE C,* STEEL CGIM0INSTALL*D 1.77 TO Pt.r- -ML. TOL. DESCRWTIOM CITY OF NEWPORT BEACH EN 'CHECKED PUBLIC WORKS DEPARTM T REVISIONS IE QT IM