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HomeMy WebLinkAbout24 - Grand Canal Shore Mooring RelocationJanuary 8, 2002 CITY COUNCIL AGENDA ITEM NO. 24 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: GRAND CANAL SHORE MOORING RELOCATION RECOMMENDATIONS: 1. Direct Staff to remove the Grand Canal access ladder. 2. Authorize the Harbor Resources Manager to offer the relocation of existing Grand Canal shore moorings to a more accessible location. DISCUSSION: At the November 13, 2001, City Council meeting, Jim Hildreth (120 Grand Canal) questioned the appropriateness of the ladder on the Grand Canal bulkhead, which could be used to access the adjacent shore mooring. Mayor Adams requested Staff to investigate this situation and report back to City Council. The original permit for the use of the shore mooring in question was issued on May 28, 1976, to Jack E. Hildreth. An illegal pier was constructed around February 1999. While there are similar structures in this area, they are private property facilities owned by the abutting upland property owner as required by the City's Harbor Permit Policy, H -1. Mr. Hildreth is not an abutting upland property owner. The City ordered the removal of the illegal pier shortly after its construction. The pier was removed by the City in December of 1999. In an effort to improve the access to this mooring, the City installed the access ladder at the bulkhead shortly after the removal of the illegal pier. City Staff, including the Public Works Director and the Building Director, have reviewed the ladder in question and have determined that it does not meet current Public Works Standards and Building Codes for public access. A public access at this location would require compliance with ADA provisions, which would be costly and physically impractical to build. A private access would not be permitted under the current Municipal Code. The differential height between the bulkhead and the sand in the vicinity of the shore mooring, currently permitted to Mr. Hildreth, is approximately four feet. Typically, shore moorings of this type on Balboa Island are accessible by stepping over the bulkhead to the wet sand beach, which is usually a two to three foot difference in grade. Since this shore mooring is near the end of the canal, it is difficult to keep SUBJECT: Grand Canal Shore Mooring Relocation January 8, 2002 Page 2 sand at this location. The shore moorings located at the ends of the Grand Canal have been problematic due to this sand retention and access issue. At one time, there were four of these types of shore moorings, two at each end of the Grand Canal. Over the years, three have been abandoned and two have been removed due to the undesirable access. The third abandoned shore mooring will be scheduled for removal in the near future pending the removal of an illegally moored vessal. In an effort to resolve this ongoing issue, staff recommends that the City remove the ladder and offer to relocate the remaining Grand Canal shore mooring to a location providing access that is more typical of the existing shore moorings around Balboa Island. Because the relocated current shore mooring would be in more desirable location, it would be more costly. However, staff proposes that the lower annual permit costs currently being charged be transferred to the relocated shore moorings until such time that the existing shore mooring permit is terminated or changes hands. The charge for Mr. Hildreth's current shore mooring is $81 /year and the value of the relocated mooring is $140 /year (based upon a 14 -foot vessel). The new shore mooring would be located in the vicinity of Marine Avenue approximately one block away (270 feet).. The current holder of this shore mooring permit, Mr. Hildreth, would have the option of moving to the new location or remaining at the current location. Respectfully submitted^ PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director Attachment: Ladder photo Correspondence 2 -13 -01 December 11, 2001 CITY COUNCIL AGENDA ITEM NO. 26 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: GRAND CANAL SHORE MOORING RELOCATION RECOMMENDATIONS: 1. Direct Staff to remove the Grand Canal access ladder. 2. Authorize the Harbor Resources Manager to offer the relocation of existing Grand Canal shore moorings to a more accessible location. DISCUSSION: At the November 13, 2001, City Council meeting, Jim Hildreth (102 Grand Canal) questioned the appropriateness of the ladder on the Grand Canal bulkhead, which could be used to access the adjacent shore mooring. Mayor Adams requested Staff investigate this situation and report back to City Council. The original permit for the use of the shore mooring in question was issued on May 28, 1976, to Jack E. Hildreth. An illegal pier was constructed around February 1999. The City ordered the removal of the illegal pier shortly after its construction. The pier was removed by the City in December of 1999. In an effort to improve the access to this mooring, the City installed the access ladder at the bulkhead shortly after the removal of the illegal pier. City Staff, including the Public Works Director and the Building Director, have reviewed the ladder in question and have determined that it does not meet current public works standards and building codes for public access. A public access at this location would require ADA provisions, which would be costly and physically impractical to build. A private access would not be permitted under the current municipal code. The differential height between the bulkhead and the sand in the vicinity of the shore mooring, currently permitted to Mr. Hildreth, is approximately four feet. Typically, shore moorings of this type on Balboa Island are accessible by stepping over the bulkhead to the wet sand beach, which is usually a two to three foot difference in grade. Since this shore mooring is near the end of the canal, it is difficult to keep sand at this location. These particular shore moorings located at the ends of the Grand Canal have been problematic due to this sand retention and access issue. At one time, there were four SUBJECT: Grand Canal Shore Mooring Relocation December 11, 2001 Page 2 of these types of shore moorings, two at each end of the Grand Canal. Over the years, two have been abandoned and removed due to the undesirable access. In an effort to resolve this ongoing issue, Staff recommends that the ladder be removed and that the City offer to relocate the remaining Grand Canal shore moorings to locations that have access that is more typical of the existing shore moorings around Balboa Island. Because the relocated current shore moorings would be in more desirable locations, they would be more costly. However, Staff proposes that the lower annual permit costs currently being charged be transferred to the relocated shore moorings until such time that the existing shore mooring permit is terminated or changes hands. The new shore moorings would be located in the vicinity of Marine Avenue approximately one block away. The current holders of these shore mooring permits would have the option of moving to the new location or remaining at the current location. Respectfully submitted, PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director Attachment: Ladder photo February 13, 2001 letter CITY OF NEWPORT BEACH February 13, 2001 Mr. James Hildreth 120 Grand Canal Newport Beach, CA 92662 Re: RP #801 -00011 /MRS #01590 Dear Mr. Hildreth: This letter responds to the following letters you have sent to the City in recent weeks: • January 9, 2001 to Mr. Tony Melum • January 19, 2001 to Ms. Seanne Carney • January 20, 2001 to Ms. Seanne Carney • January 27, 2001 to Mr. Glen Everroad • January 31, 2001 to Mr. Homer Bludau • February 4, 2001 to Mr. Tony Melum Each letter has sought information relative to the above permit, other permits and permittees, and other issues within Grand Canal of which you have an interest. The documents you have requested - including a database payment history of all Grand Canal billings (about 77 pages) and a copy of Council Policy H -1 (21 pages) - are available for $0.05 per page plus $1.65 per 5 minutes of service (preparation) time. As such, please remit a check to us for $11.50 and we will provide these for you. These fees are set within our Master Fee Schedule and are authorized by the California Public Records Act. You may save a portion of these fees ($1.05) by accessing the city's website to download the Council Policy - www.ci!y.ne3yport- beach.ca.us/CouncilPohcies/­H-l.htm. We have also provided a chronology of events related to the shore mooring and, more recently, your interaction with us. This chronology shows that we have spent an inordinate amount of time discussing these issues with you. I believe that further discussions or communications will not be fruitful. Accordingly, I have directed staff to no longer respond to your inquiries (except to the extent that State law requires us to respond). We intend to focus our attention on matters of importance to the other Newport Beach residents and business owners. Sincerely, HOMER L. BLUDAU City Manager City Hall . 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659 -1768 cc: Mayor and City Council Bob Burnham, City Attorney Dave Kiff, Deputy City Manager Tony Melum, Director of Harbor Resources Glen Everroad, Revenue Manager Mr. Burrell Clawson, 1411 North Bay Front Attachments: Chronology City Council Minutes - July 26,1999 CHRONOLOGY* May 28,1976 Mr. Jack E. Hildreth applies for Harbor Permit to construct a shore mooring. June 24,1976 City issues permit to Mr. Jack E. Hildreth for construction of "shore mooring." Although there is no indication in our file, it is our assumption that a shore mooring was installed at that location sometime after June 24, 1976 and has been maintained in that location. A review of our aerial photographs going back to the late 1970s shows that in fact a shore mooring was in this location. Because the City only administers (for billing purposes) four (4) shore moorings (each of which are in the Grand Canal), we gave the mooring an "RP number (thereby placing it within the billing mechanism of the residential pier billings). The account has resided there and been paid since 1976. 1976 to 1999 RP #801 -00011 apparently transferred from Mr. Jack Hildreth to Mr. James Hildreth. NOTE: Council Policy H -1 (General Provisions for Harbor Permits, Section Q forbids a transfer of a permit "without the written consent of the City of Newport Beach." We cannot find a record of the City's written consent for a transfer of this permit number. March 1999 City receives complaint from adjoining residents that a pier had been built in the area of Mr. Jack Hildreth's shore mooring. A review of our files indicated that no permit for a pier had been issued as required by the Municipal Code and Council Policy H -1 ( "No person shall build, maintain," a pier ... "without first obtaining a written "Harbor Permit" from the City... "). The only permit on file with the City is and has been for a "shore mooring" only at the far southwest side of the Grand Canal. Apri112,1999 City notifies Mr. Hildreth that the pier structure was in violation of Section 17.24 of the Newport Beach Municipal Code and that the City would issue a warning citation to remove the unpermitted pier. April 20,1999 Citation issued -pier remains in place w /no permit application requested. May 14,1999 Citation issued'- pier remains in place w /no permit application requested. May 25,1999 Citation issued - pier remains in place w /no permit application requested. June 4, 1999 Citation issued - pier remains in place w /no permit application requested. June 11, 1999 Citation issued - pier remains in place w /no permit application requested. June 24,1999 Citation issued - pier remains in place w /no permit application requested. July 26,1999 Staff presents a report to City Council. Report asks Council to hold a noticed public hearing and, at the conclusion of the hearing, to find that RP #801 -00011 was issued for a shore mooring only and that any other structure at this location does not have a valid permit and should be abated and removed as provided by the Municipal Code. The City Council supports staffs recommendation unanimously and waives all fines associated with six citations listed above. See attached minutes. Nov 9, 1999 City sends a notice to you that the City would construct steps down to the beach to provide access in the area of your shore mooring and that construction would begin on December 15, 1999. We requested that your unpermitted pier be removed prior to that date. If pier was not removed by you, we notified you that it would be removed by City forces. Dec 1999 Stairs built and unpermitted structure removed by City forces. Nov 22, 2000 Letter sent to Mr. Hildreth by Mr. Bludau and Mr. Burnham. Letter states: • Mr. Jack Hildreth had a permit to operate a shore mooring only; • City only issues residential pier permits to fee owner or long -term lessee of abutting upland property. City's records show that Mr. Jim Hildreth does not own any waterfront residential property on Balboa Island. • Hildreth's invoice received indicates that charges are "residential pier fees." Explains that shore mooring was invoiced as a residential pier invoice because it was one of only four (4) shore moorings (all on Grand Canal) "that were not administered by the County. For convenience only, the City used an existing invoice format - residential pier fees - to collect fees for these four onshore moorings. However, we intend to change the invoice you receive to reflect the true nature of the permit that you have been issued. Nevertheless, the invoice does not confer any rights to you or reflect the nature of the permit issued to your predecessor" • "the City has spent an inordinate amount of time discussing these issues with you and we do not believe further discussions or communications are appropriate." Nov 28, 2000 Mr. Melum asks Revenue Division to correct classification from RP to MRS per City Manager's 11 -22 -00 letter. Ms. Carney does so. Jan 9, 2001 Letter sent to Mr. Melum by Mr. Hildreth - asks for "complete payment history" of RP #801 -00011 ( "southwest end of the Grand Canal..." near "1410 South Bay Front "). Asks for "complete payment history of the Residential Pier located at ... 1411 North Bay Front..." Jan 18, 2001 Mr. Hildreth comes to Revenue Division counter, asks for payment history of RP $801- 00011. Ms. Carney provides payment history to Mr. Hildreth for period of 1994 through 2000 (all data within current database), includes previous classification for RP and current data for MRS. Asks Mr. Hildreth to write to Harbor Resources for information on 1411 North Bay Front. Jan 19, 2001 Letter sent to Ms. Carney by Mr. Hildreth - asks for payment history of Harbor Permit for 1976 through 1993. Asks for payment history for 1411 North Bay Front for 1976 through 2000. Asks why Harbor Resources directed Revenue to change classification from RP to MRS. Notes that "(the Hildreth Family) will continue to be paying for RP #801 - 00011..." in the future despite the change to an MRS classification). Jan 20, 2001 Letter sent to Ms. Carney by Mr. Hildreth - asks again for information about why Harbor Resources made the classification change from RP to MRS. Asks for a "complete payment history for all locations on the Grand Canal..." Jan 27, 2001 Letter sent to Mr. Everroad by Mr. Hildreth - asks for billing records associated with RP #801 -00011 from 1976 to 1993. Asks for Revenue Division's confirmation of change in permit numbers (est by Hildreth to be 1994). Asks for any Revenue Division files that "concern the name, Jim Hildreth." Asks for written confirmation that the City Council waived fines at its July 26,1999 meeting regarding the abatement of the unpermitted structure. Jan 31, 2001 Letter sent to Mr. Bludau by Mr. Hildreth - relays interaction with Revenue Division. Asks again for payment history of Harbor Permit, including complete payment histories on all of the locations in the Grand Canal. Asks for "copy of the original" Council Policy H -1. Questions safety of installed ladder. Feb 1, 2001 Letter sent to Mr. Hildreth by Mr. Melum - includes payment history from 1994 for 1411 North Bay Front. Includes section of Council Policy H -1. Feb 4, 2001 Letter sent to Mr. Melum by Mr. Hildreth - asks for information about RP #151- 14111(1411 North Bay Front) and alleges that stairs built by City are "non- approved, non - compliant, and unsafe..." Feb 13, 2001 Letter sent to Mr. Hildreth by Mr. Bludau - includes: • Chronology of events • Copy of minutes from City Council's July 26,1999 meeting. Letter suggests that other requested materials - complete database billing history of all Grand Canal permits + Council Policy H -1 available for California Public Records Act fees ($0.05 per page plus $1.65 per 5 minutes of service time). Council Policy H -1 also available on City's website. Chronology approximate and reproduced based on City Imowledge as of 2- 13-01. # # # T im Hildreth 120 The Grand Canal Newport Beach; CA 3'662 11 December 2001 8 January 2002 Re: City Council Agenda 26 (12111;01.) Re: City Ccunci_ Agenda 24 (01/08/02) Newport Beach City Council 3300 Newport Blvd. Newport Beach, CA 92663 Dear City Council Members: On 16 December 1999 1 placed a. call to then Mayor John Noyes, aad during �_1410:• mid - morning conversation he told me, "I don't have to tell you -,,!hen or where access is going in, gust that access is going in, am once `Pubic Access' .'s there, there won't be anytiiing anyone can do about it!" The call to Mayor Noyes was sna.inly to discuss the removal oz ':.he dock, W.H cll T was lead to believe was going to remain for "Public Access ", and the rea.soll . I or the letter which Harbor Inspector, Mr. Armand, handed to :Le earlier that: n;orning. This letter, dated 9 it'ovember 1999, was signed by Deputy 'sire am Marine Chief Tony Melum and adds ^essed to Mr, Jim Biidreth, 120 Grand. Chairie'_. Tn this letter it w as referenced that the (newly rebuilt and :_eposit:oncd' "dock" needed to be removed sc that access "stets dorm to the bead-" coulo be installed "in the proximity ". Note that City specifications for access struc- tures "Grand Canal - Platform: And Steps" (Standard Drawings 602 and 603) 'have steps, a, ladder, on the other hand, has merely rungs. It should have been known then, as it is now, tt_at there are certain require- ments that need to be 1'oll.owed for structures being ased for "PublI Access ". A city - installed vertical neta.i ladder that is noa covered under the City's Liability Insurance Coverage wahich was also not ali'proved by the Coasta Cc.a:- mission, and not designed for "Public Access for Atue_-icans t;'itli Dasabii. i.t'.es' is not providing "Public Access ". J. M. Hildreth (I4r. Jeffrey Mark Hildreth), the :oroperty owner of this site, fell off a. si; 'got ladder and suffers the loss of six (6) teeth, the fractur- ing of both wrists and the ruituring o' two (2) vertebrae i-i hi.s lo,,er bark, a.il of which has left him eighty per cent 'M%', d.isabled, as viewed by "lie State of Ca.iifornia through workmen's compensation. Is the City refusing to aid a. disabled person by not a.1io;<.ing e. permit to oe _ssued for the same style of access structure as has beer, gi.ve.: to those not d4sa.bleo? Mr. Uldreth's disability will not be lessened by the City's value proposal nor helped by the taking of someone else's yhora- mooring righ!.s zt the end. of Marine Avenue on the South Bay Front, J. Mt Hildreth, as a disabled i- :merican, asks for nothing more aaid nothi-n! ", loss than what other "Besidentia.l Pier Mooring Site" owners in The Grand Canal !.ave been allowed, a "Platform And Steps" used foi.' accessing The Grand Canal. After all, he is (and always has been, paying the sa;ae annual premiums, presently $78.00, for that right. Page One (1) of T:eo (2) %9 'P /0,46/ Newport Beach City Council 11 December 2001 Re; City Council Agenda 26 3 January 2002 Rea City Council Agenda 24 The City acknowledges an access issue in the area., and their willingness to have a access structure in the area, this is shown by their tolting a vertical metal "Access Ladder" to the bulkhead. The detailed City Staff report for the 11 December 2001 City Counci- A endE, $26, indicates that not a single person has filed a complaint or attended E. single City Council Meeting to register even a.n opinion about the Citv's "Access Ladder ", except for myself, and this is even after a repl_ca. of the City's ladder was seen in the 2001 Balboa. 1sla..d Parade on hla.rire Avenue, To my understanding Mr. McCaffrey was never given notice prior to Vie City's installation of the ladder and Mr, McCaffrey, himself, has ne'aer filed a com- plaint with the City concerning their ladder and he residence, after ail, is the closest and the most ef'ected by the City's acticn. Gtr. White, the former owner of 1410 South Bay Front, wa.s a good `'rieald of the Hildreth Family and I hope that Mr. McCaffrey, the present o:.,ner, will beccmc a good friend as well. The Hildreth Family world like to extend to Mr. bob McCaffrey and the residents of his home (1410 Sout:r. Bay Front; Balboe. ].s ;.an(', Newport Beach, Ca 92662) access to The Gran:: Cana] on. what ever structure tis City may permit and approve. In a 11 December 2001 article in the Daily Pilot notes City 0ff4cfa.ls ,IS saying that- a "dock" at this location would be a "Navigational Hazard ", if so then all Residential Pier Mooring Sites in The Grand Canal would fa.li imcor this heading. I would like to add that the pictures I have taken of .he enua.l. dredging during 1990 do not support this view. Another misconception in the Da.i.Iy Pilot article is the sta.tnment i.hat for a Residential Pier Mooring Site at this lecFticn a.rc no lcilger being celted. This can not be true because Gr. G:elum's letter dated 14 :.larch 2001 associates the newly designated Business iluw er. L'Zso!590, assigned to Iild-eth, as for an "Annual P.ceidential Pier Perr,it ". This is also noted ir, copies of City Billing Records, including those obte.ined on 11 L'ecemLe,. ?:i'1., v+ ch indicate that the Business Number MRS01.590, which was c'_l.an -'er fro:, RP801 -00011 i-n January of 2000, has never baer" associated Witt. cut fo_ an "Annual Residential Pier Pcrnit": I note that Mr. Glelun's o f -ice w..c recenL,y r�,p c 70 -. .. .. '-'•.arbor island Drivcc, and r as -3ume tl:ra Q. 13 SOye r C.c ^IP '!) - _S,tC the Lease Agree;,ient wtricl: -,aye acc so rieha s. c cii`r<,t` T^ Rt3i der al e'._ Pier Kncj, -irgl Site _ Oc, !Ale i. a', Bc.r ..:'.teat En6 OT ,rau -t i.'.n "41 T ho ?e a copy of a -'ree' ,. - ' - _ �t:- .. s .r .f1iG _ :7te - "1.. fl',1n i,i'e O" '. T' C' ^C'ir ➢!ell's:^ _ ::.a'ne will. ae _eieaseL to ?ooh. Loug tixe r"esialen'ts on `1.1e Grand anai I ": r iLcnti Oned the Peri,,i s :_cr ,h- Pl.at_or-m And Sttes in The Grand Ganal were never. issued. "his cculca be fire reason why permits fc_- "Grand Canal - Plat'T.'O-Z,ml :a .na S' eps" can not be lc a.ted. [ae� °yam ; ^u'l /j'g� ours; Ji�'i Idr�re th Page Two (%) of Two (2) (f = —A A (Z - .?EQ� T�C'E.YOS w/ 6ry e*•Y S'*Cze -y � BY 2"� 1 "* 9 �h' CLEATS' ' 2 "OEClC I i N � � f/auO2oic WIZ -160 Ce Elva; a X. C22,UC• PL A N 11 11 e �g oe NO TES9 g� C / -CH el.-r4 422259 B2DC /U6 "/ 3-Aoa(VCN09�7YP.�� I. /l- ATF'ORM sw4.4 NOiBE.OArwREO TDCOP /N6 EL..9.A7,Yl.L.L.k! TDP L7� CDP /.C/G is • . .v SEC T /ON A -A e GLL LUM6EP 8f/GLL 9E NO. / - oaml-L/IS F/P 7-,eE/1T6D O.e NO / . AW400a 3. IlAi LW54ME SHALL. BE 494L V. O e ST.4/N1.E'SS STFE[. (,AG /SCREW CONNECT /ON9 !` ST4 /RS A.E'B OPTLOr141— CITY PUB GRAND CA NA L AND STEPS IORT BEACH DEPARTMENT - PL A TFORM TYPE I REv. 4 -'y BB RE ✓. 4 / •'5 ,PBY. oWAl 4/t BE/C &014< 65, /9 DATE c&,(/.-/7- Mg PUBLIC WORKS DIRE R.E. NO. DRAWING N0. STD; 6OL O9i i• e �2X 4- R.aiu.+k19 ry /3 • i6 d L� E•vos t CENTBR 2x4 CROSS 9Rf if /3 0 EA/09 E "A-a C19O.ss a ",r o "//,a L EVAT /ON PLAN ELEI! 9.0 roP oFCVPruG) �C_ 4z¢• BAGS � _ k /9T. Sdt 1"E _T_ -- NOTES G'. I •; t •. —t t dx1C.410491/L1G TO f0,01AIS 15 A10 o41- /- 0/'VEO- P. 44 LC/M6E1ll SHALL BE A&I / ODU6"5 ycll T.PEq>EO `l/ /T// P.eS..*f.e %4r/rYE 0.2 �/ �PED1l/v0 9• 44G AW40:2WGBE VX14 GG Ave O/ o�EO aa4 AI01- 11zE0• 4. 4oals4 h'EW CGN/.VECT/Orls 4vo STAME:: ARE a4pWAIA4. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRAND CANAL — PL A TFORM AND STEPS TYPE Z7 REV. 4 -Z� .99 RE-v /•sks' BEY. 47,d&. 25 197E DATE 7 L PUBLIC WORKS DIREgO$_ R.E. NO. D'SM- 603 —L. e. +Xe. 'das � ",rB" L =3x�"XY "xo��" suv�oerEO �r (2 ,PEQ.) Zrl "r9 �L" Cc EATS Hi /J -146 0, �2X 4- R.aiu.+k19 ry /3 • i6 d L� E•vos t CENTBR 2x4 CROSS 9Rf if /3 0 EA/09 E "A-a C19O.ss a ",r o "//,a L EVAT /ON PLAN ELEI! 9.0 roP oFCVPruG) �C_ 4z¢• BAGS � _ k /9T. Sdt 1"E _T_ -- NOTES G'. I •; t •. —t t dx1C.410491/L1G TO f0,01AIS 15 A10 o41- /- 0/'VEO- P. 44 LC/M6E1ll SHALL BE A&I / ODU6"5 ycll T.PEq>EO `l/ /T// P.eS..*f.e %4r/rYE 0.2 �/ �PED1l/v0 9• 44G AW40:2WGBE VX14 GG Ave O/ o�EO aa4 AI01- 11zE0• 4. 4oals4 h'EW CGN/.VECT/Orls 4vo STAME:: ARE a4pWAIA4. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRAND CANAL — PL A TFORM AND STEPS TYPE Z7 REV. 4 -Z� .99 RE-v /•sks' BEY. 47,d&. 25 197E DATE 7 L PUBLIC WORKS DIREgO$_ R.E. NO. D'SM- 603 —L. e. NEWPORT BEACH FIRE AND MARINE DEPARTMENT November 9,1999 Mr. Jim Hildreth 120 Grand Channel Newport Beach, CA 92662 Dear Mr. Hildreth: As you are aware at its meeting of July 14,1999, the City Council found that the pier that you built adjacent to your shore mooring in Grand Canal was constructed without a valid permit and must be abated and removed. The City is constructing steps down to the beach in the proximity of your illegally constructed pier and the pier must be removed prior to that construction beginning. The construction is proposed to begin on December 15,1999. We are requesting that your illegal dock be removed pr.'or to that date. LF it is not removed, it will be removed by City forces as provided by Section 17.24.100 of the Newport Beach Municipal Code. Sincerely, Tony Melum Deputy Chief Marine Environmental Division Cc: Bob Burnham, City Attorney Councilman John Noyes Chief Tim Riley f*,oj.e- Neu .BF ► 90 t x NEWPORT BEACH FIRE AND MARINE DEPARTMENT November 12,1998 Bob McCaffrey 1410 South Bay Front Newport Beach, Ca 92662 Re: Grand Canal Mooring Recently, I received a complaint from both you and Mr. Arnold Mills regarding the mooring in the Grand Canal that is bayward from your property. Specifically, you requested the mooring be removed since you did not know who put it in, nor did you knout who maintained it. On November 10, 1998, the City Marine Division complied with your request and had the mooring removed. Today, I discovered that the mooring was approved at that location by the City in 1976 and it is listed as a pier permit, hence, I didn't find it on the mooring list when you originally called. Therefore, the permittee, will be allowed to maintain a mooring in that location. The large platform the permittee had there will not be allowed back since it violates the City mooring regulations. If it does reappear, please call me at 6443043, and I will arrange to have it removed. I am sorry for this confusion, but it was an unusual situation. Sincerely, Wes Armand Fire and Marine Department Cc: Arnold Mills Pa,406 Jim Hildreth 120 The Grand Canal Newport Beach, CA 93662 11 Oecember 300) Re: Grand Canal, Platform and Steps Mr. Bob McCaffrey 1410 South Bay Front - Balboa. Island Newport Beach, Ca 92662 (9 09) 152 -2asl Bear Mr. YcCaffre7: Ti; is my understanding you a,r.e aware that Mi. j. M. Aildreth crrrently holds the long time lease Residentia: Pier ;Mooring Rights to the site at.the South- west End of The Grand Canal, "his mooring site was first established in 1932, when Mr. Collins proposed this area (Balboa island) for dnveiomont. Mr. Hildreth first obtained the :-i?hts to this site in 1968 and was later can - Wmed by the City in 1976, this was when the Cite Oa.rted coiJcctOg Ken for all moo•in4 sites in "'he Crand Canal. A `e *, years ago, J. M. Hildreth (Mr. Jeffrey bark Hildreth), We propprty, owner of this site, fell Of a six foot ladder and suffers the lops of qj4 (6) teeth, the fracturing of both wrists and the rupturing of two (2) rert.ehray in his lower ban, all of which has left him ei;'hty per cent (80%) 'riaWed, i viewed by the State of California through wcO en's compensation, The small wooden structure that was first constructed for mooring access (which fell to the xaysids many :dears ago) is no longer suitable for him to use and, I would like to add, so is the Oty's recentil recent). lnstalle(.'. "Publia Ac- cess" ladder. Please let me 'anew if you :ou_d allow the construction of a "dock" (Grand Canal, Platform ant Steps) so that this mooring can be safely accessad, Please Let as make this o*fer: The use of a structare having its own Liability Insurance Coverage, built with a. safety railing, having a. ,lace t_ sit (or no place tc sit, the choice is yours), painted n color of your chous- irg, and :saintainac; by us. (it looks as if the hand raOing might be an in- surance requirement, however.) it is beat for all of us if we agree that this is prima :nily for access aad that people should refrain from tyinC boats to the dock. i suggest a placard be Placed on the dock which reads: "Property of a. Z Hildreth. Access by ,permission only. Residents of 1410 South Bay Freit q-ve been granted permission. PJease do not tie "boats to the dock. Thank you." You may be interested to know that the pecale at the other end of Toe Grand Canal (1411 North Bay Front) have made such a agreement for that location. Veryi� yours, ,7im i ildreth ZPa Doily Pilot - - between DON LFACH / DAILY PILOT-' Jbn Hildreth alleges a c tg-htstaRed ladder doesn't provide proper access to Ids boat mooring.' Ladder appears to be history ■ Newport man has beach and attached to a boy, in essence, another pier in the been fighting to change g g g Not good enough; saidFFiird dreth, noting that the ladder same place as the one tom down. He said that, by work - , his boat mooring. But ` violates disabilities guide- ing with the blessing of' the city not deliver ty and y lines and poses a safety and homeowner `nearest the "every- - liability threat. mooring, he can make what he Wants. "OK then if he dislikes3tie one happy. , called nuisance by the may - ladder sore nch, let's.justlok But the idea may not hold June Casagrande into getting rid of the ladder,' water, either. ,., DAILY PILOT Mayer Gary Adams sand at,a "We can't put a pier at the , cot! meeting last s south.. mouth of the canal there, it is' NEWPORT BEACH — A That?s just what staff have , a navigational hazard to the local gadfly hopes „that one done. They are recommend- canal,” City Councilman Tod small step by the City Council, ing the ladder, be removed. Ridgeway said. tonight will be one giant leak P. Officials also plan to: offer,to �dreth has argued that a' lease agreement dating back for his cause to,get[a ladder move the, mooring-.io, some- removed from the south end place where the,.- distance to 1976 gives turn rights to,the of Balboa' Island`s Grand; .` between the sand and the top mooring and reasonable .. Canal and, ultimately, ;to, of the bulkhead is shorter — access to aY}y -boat docked improve access to his boat perhaps a 2 -foot jump instead there.He has also argued that mooring. of what's now 'about 4 feet, the $78 bill he.received annu- Jim Hildreth, "has, been Public Works Director Steve `allytrain the,city entitled him called nuisance by the may - ! Badum said. . to have a pier there.. 'a- or and vice;mayor forhis. reg- Hildretli said he, wonit Last year, however, the ' acce�tm city did' not accept , his fee, meetings dating back;to 1199999 ;, mooring-has beenin ; ;telling him the city's billing " when officials decided to the family for 25 years.. system did no-Frecognfze his remove an illegal pier the Hit- There's no reason to move," account. Before that, the city dreth family had built near `he said. `. -` -" - had waived -about $1•,$00 in their boat mooring. The pier Hildreth has another Idea, r against Hiltlretlrforfail- was replaced with.a ladder to one that may feel like dela vu. mg to 'renurve> the or ginal: give Hildreth's family access He said he will .ask couni l pler after tbey4had• ordered to the mooring, which is basi- members to allow him to hum °to d :%o. - pally a pole grounded to the build a platform with steps - IMUD`t CITY; MALI AGENDA 1d:' UP #.0�t 16 y . The ICity Coui.oliviltmeet just , month ;because of ffie [o)ning holi means an.eWahea .1genda.will the meeting going unti[Iate into t CI#AN61MISM`,7NE GUAR'. •MaygrGary Adams will be may r, Who will ke -the gav Ivhose ftrs}`ta}yder of bus mmatroris fgr:a new via TO 6U ECP Thouah an gait of musKSl dutirs acultdalso er merr�pels vnheve a dwm to char - DUCK: ""PING ISSUE ^6E' big controi(Qi . M.response to co residents Qri$alboa.Wihtls Granc wheire 64' :house is a. haven for p drech of ducks;'City'4oun61man 5 Bromberg:has asked titystaff to c an ordinance to stgpimss 'feedin An4w.coMmission 10 advise t matters wo-W.Water quality COc tonight when the Council votes c create a harbor e.pksion. ar giyethe ' n March 14, 2001 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 J. M. Hildreth 120 Grand Canal Balboa Island, CA 92663 Re: Annual Residential Pier Permit Business No. MRS01590 Dear Mr. Hildreth: We are in receipt of your money order dated 2/26/2001 in the amount of $78.00 from the Hildreth Family as payment for RP80100011. We are returning your money order at this time because no such business number exists within the City's billing system or in the name of the Hildreth Family. There is a billing under MRS01590 in the name J.M. Hildreth at 120 Grand Canal, Balboa Island, CA. Did you wish to have the payment credited to that account? Please resubmit your permit fee using an identifiable City business number. If you in fact are paying for permit MRS01590 in the name of J.M. Hildreth, please so indicate on your method of payment. Payments for these fees were due February 1 and become delinquent March 1. Because the fee was submitted and there appears to be an error in designation of the proper business number, we will give you until April 1 to get the correctly identified amount into the City. Failure to pay that by April 1 will subject you to delinquent fees and potential revocation of the permit as provided by Section 17.24.090of the Newport Beach Municipal Code (copy attached). Sincerely, Tony Melum, Director Harbor Resources Division Attachments (1) Money Order (2) Revenue Division Invoice (3) Municipal Code Section 17.24.090 3300 Newport Boulevard, Newport Beach HILDRETH, -J M - 120 GRAND CANAL -_ BALBOA ISLAND, CA 92662: Service - - - - ANNUAL RE IDENTIAL PIER PERMIT - 50���'b RP 90/ mil BUSINESS NO: MRS01590 - NOTICE DATE: 04/04/2001 _ DUE DATE: 02/01/2001 - ..Qty -Unit .Price Extension 1 $78.00 $78.00 Total Invoice: Adjustments: Penalties - Payments: -Past. Due: Total Amount Due: $78.00 .00 19.50 .00 .00 $97.50 Penalties will be assessed as of March 1st at 25% of fee. - for. each month delinquent, up - -to -.and including 100%, in accordance Newport.. Beach Municipal Resolution p 8753. - For inquires regarding name changes, address changes and mooring size - questions, please contact the O.C. ;Sheriff's Dept. Harbor Patrol Division. Sally-,Cooper- Mooring Dept, (949)723- 1002. For billing or payment related questions, please contact the Revenue Division at (949)644-3051. _ CITY OF NEWPORT BEACH o� e ADMINISTRATIVE SERVICES O S 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 C,C /FO AN`P CASH RECEIPT RECEIPT NUMBER: 02000307419 RECEIVED BY: PERRY2 PAYOR: HILDRETH, JIM TODAY'S DATE: 04/24/01 REGISTER DATE: 04/25/01 TIME: 16:13:40 ZBL RECEIVABLE MANA MRS01590 $97.50 --------------- - TOTAL DUE: $97.50 14epeye, r7\cu porn ruFru porn rgRrx tan TENDERED CHANGE p��f l r IL i