HomeMy WebLinkAboutM2007-0058STATI�, OF. CALIFORNIA -THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562) 590-5071
Mr. Chris Miller
City of Newport Beach/Division of Harbor Resources
829 Harbor Island Drive
Newport Beach, CA 92660
ARNOLD SCHWARZENEGGER, Govemor
May 23, 2008
Subject: Condition Compliance — Coastal Development Permit 5-06-117
& Conformance with Consistency Certification CC -031-06 - DREDGING
Dear Mr. Miller:
Commission staff have received information submitted as evidence of compliance with Coastal Development
Permit 5-06-117, and/or as evidence of conformance with Consistency Certifications CC -031-06 for the following.
sites in the City of Newport Beach:
Applicant
Site Address
Beach
Ocean
Cumulative
Eelgrass
Comments
Disposal
Disposal
Total* for
Present
Eelgrass Survey
Qty*
Qty,
2008
between 15 -
Date/Exp i ration**;
(cu.yds)
(cu.yds)
30 Feet of
Caulerpa Survey
disposal
Date/Expirationtt
footprint?�
Ayres, Don, Jr.
832-840 Via Lido Nord
230
0
No
Eelgrass survey
4/18/08 (expires
8/16/08); Caulerpa
survey 4/18/08
(expires 7/17/08)
Croul, Spencer
812 Via Lido Nord -
55
0
No
Eelgrass survey
4/18/08 (expires
8/16/08); Caulerpa
survey 4/18/08
(expires 7/17/08)
Cita, Litt
1316 & 1318 E. Balboa Blvd.
180
0
No
Eelgrass survey
4111/08 (expires
8/9/08); Caulerpa
survey 4/11/08
(expires 7/10/08)
Newport Bay Towers
310 Fernando Street
0
995
No
Eelgrass survey
5/12/08 (expires
9/9/08); Caulerpa
survey 5112/08
'VNW11I,;:
(expires 8/10/08)
6 rey
Niy f ront
110
0
No
Eelgrass survey
3/12/08 (expires
7/10/08); Caulerpa
survey 3/12/08
.(expires /10/08)
Not to- E-xceed 1,000 cubic yards per dredging and beach disposal event
t
Not to Exceed 1,000 cubic yards per dredging and Off -shore disposal event
Not to Exceed 20,000 cubic yards per year
If "Yes" then if eelgrass is present between 15-30 feet from the proposed dredge material disposal footprint (in
any direction), then monitoring of the site for potential eelgrass impacts from disposal operations shall be required.
All eelgrass survey/mapping efforts must be completed during the active growth phase for the vegetation
(typically March through October) and shall be valid for a period of 120 days with the exception of surveys
completed in August - October. A survey completed in August - October shall be valid until the resumption of
active growth (i.e., March 1).
tt Caulerpa taxifolia surveys are valid for 90 days from date of survey
Condition Compliance - 5-06-117
Consistency Certification Compliance — CC -031-06
Page 2 of 2
Williams, Eric 505 & 603 North Bay Front 210 0 No Eelgrass survey
4/18/08 (expires
8/16/08): Caulerpa
survey 4/18/08
(expires 7/17/08)
Sub -total 785 995
Year-to-date total 6659
Commission staff have reviewed the information submitted and determined that the above referenced dredaina
events conform with Consistency Certifications CC -031-06 and the Special Conditions of Coastal Development
Permit 5-06-117. Please note that the eelgrass and Caulerpa taxifolia surveys completed are only valid for a
limited time period and that additional surveys must be completed and submitted to Commission staff for review if
the dredging and beach nourishment events listed above do not commence prior to expiration of the initial survey.
In addition, please note that this authorization shall expire on October 23, 2011 and that all authorized work must
be completed prior to that date.
Please be advised that only the projects described in the materials submitted for the sites listed above have been
found to conform with Consistency Certification CC -031-06 and/or conform with the terms and conditions of
Coastal Development Permit 5-06-117. Any change in the projects may cause them to lose their status as
consistent with CC -031-06 and/or CDP 5-06-117. This certification is based on information provided by the
recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will
become invalid, and any development occurring at that time must cease until a new determination regarding
conformance with CC -031-06 and/or CDP 5-06-117, is obtained.
If you have any �Westions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (415) 904-5200.
SinceEg4l,
Karl zDcnwing
Supervisor, Regulation & Planning, Orange County Area
Cc: Mr. Mark Delaplaine, California Coastal Commission
Mr. Dan Swenson, U.S. Army Corps of Engineers
1 0
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IN
S?'ArEs of
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
August 7, 2008
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Division
Barry O'Neil
C/O: Lisa Walters
City of Newport Beach
Harbor Resources Division
829 Harbor Island Drive
Newport Beach, California 92660
Dear Mr. O'Neil:
This is in reply to your application (File No. SPL -2008-00759) for a Department of
the Army Permit to conduct maintenance dredging, per Regional General Permit No. 54,
seaward of 219 and 221 East Bay Front, in Newport Beach, Orange County, California
(as shown on enclosed maps).
Based on the information you have provided, the Corps of Engineers has
determined that your proposed activity complies with the terms and conditions of
Regional General Permit (RGP) No. 54- Maintenance Dredging, Beach Nourishment, and
Dock Maintenance.
As long as you comply with the general permit conditions of RGP No. 54, an
individual permit is not required.
Specifically, you are authorized to:
1. Dredge 110 cubic yards of sediment over a 0.02 -acre area using 6" hydraulic
suction; and
2. Dispose dredged material on adjacent beach over a 0.05 -acre area (120 linear
feet).
A general permit does not grant any property rights or exclusive privileges. This
letter of verification is valid until October 4, 2011. Also, it does not authorize any injury
to the property or rights of others or authorize interference with any existing or
-2 -
proposed Federal project. Furthermore, it does not obviate the need to obtain other
Federal, State, or local authorizations required by law.
Thank you for participating in our regulatory program. If you have any questions,
please contact Yvette Cardenas of my staff at 213.452.3418 or via e-mail at
Yvette.L.Cardenas@usace.army.mil.
Please be advised that you can now comment on your experience with
Regulatory Division by accessing the Corps web -based customer survey form at:
httl2://12er2.nwp.usace.army.mil/survey.html.
Sincerely,
Mark Durham
Chief, South Coast Branch
Regulatory Division
Enclosure
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Newport Beach CA 92662
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CITY OF NEWPORT BEACH
HARBOR RESOURCES
May 20, 2008
Califonria Coastal Commission
Attn: Karl Schwing
200 Oceangate, STE 1000
Long Beach, CA 90802-4416
Army Corps of Engineers
Attn: Dan Swenson
915 Wilshire Blvd.
Los Angeles, CA 90017
Santa Ana Regional Water Quality Control Board
Attn: Adam Fischer
3737 Main Street, STE 500
Riverside, CA 92501-3348
RE: Regional General Pem-iit No. 54 — Dredging Application Submittals
Enclosed is the recent monthly batch of dredging applications for your approval, per the
Califor-nia Coastal Commission Pennit 5-06-117 & Federal Consistency Certification CC -031-06,
the Anny Corps of Engineers Pen -nit No. 54 (File No. 200501233 -DPS) and the Regional Water
Quality Control Board General Certification Permit, $60 Regional Water Board check included
for each application. All of these applications have been checked for accuracy and completeness
as evidenced by the attached Dredging Application City Checklist.
Thank you for your time in reviewing these applications. Please do not hesitate to call if you
have any questions.
Site addresses included
Ayres- 832-840 Via Lido Nord
Croul- 812 Via Lido Nord
Litt- 1316 & 1318 E. Balboa Blvd.
Newport Bay Towers- 3 10 Femando St.
O'Neil- 219-221 E. Bay Front
Williams- 505 & 603 N. Bay Front
Sincerely,
Lisa Wafters
Harbor Resources Technician
(949) 644-3044
829 Harbor Island Drive, Newport Beach, CA 92660
PH: (949) 644-3044 FX: (949) 723-0589 oWebsite: www.newport-beach.ca.us/HBR/
Applicant Name:
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 718-1844 Fax (949) 723-0589
www.newport-beach.ca.us/hbr
DREDGING APPLICATION
Project Site Address
CITY CHECKLIST
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X Applicant address, phone number
Agent & Contractor name, address, phone number (if applicable)
Project site address
Assessor's parcel number
Dredge site latitude and longitude
Disposal site:
X Beach disposal latitude and longitude
El Ocean disposal LA -3
X Purpose and final goal of dredging
Method of dredging. Vessel and equipment description.
Vessel(s) Captain, Dredging & Disposal Inspector
Cubic yards dredged and disposed (must be less than 1,000 cy.)
Area impacted (in acres)
If beach disposal, linear feet of affected beach area
Dredging and Disposal Operations Schedule
Scaled drawings (plan view and cross sectional view)
Site address
Location within the Harbor
� Fror,�+
829 Harbor Island Drive, Newport Beach, CA 92660
PH: (949) 644-3034 FX: (949) 723-0589 *Website: www.newport-beach.ca.us/HBR/
Dredging Application
City Checklist
Page 2
Location of existing dock structures
Location of existing dock structures on adjacent properties
Location of Bulkhead, Pierhead and Project Lines
Dredge depth (limited to -7 MLLW with a I' allowable overdraft)
Photo(s) of dredge and disposal areas at low tide (including 30' buffer area)
Eelgrass Survey
Survey for presence of eelgrass within 30' of the entire project area
El Yes No Eelgrass within 15' of entire project area. Project not
permitted.
El If ocean disposal and eelgrass is located greater than 15' from the project
area, then no farther monitoring required
If beach disposal and celgrass is not located within 30' of the project
area, then no further monitoring is required
El If beach disposal and eelgrass is located between 15' and 30' from the
project area, then pre- and post -monitoring is required
0 Pre -monitoring survey attached
El Post -monitoring survey attached. Date submitted:
Eelgrass Stamp
Caulerpa Survey
K Survey for Caulerpa within 30' of the entire project area
Grain Size Analysis
(1) sample per 1/4 acre and / or at least (1) sample at dredge site and (1) sample at
beach disposal site (if applicable)
Beach disposal:
N Sample(s) must be at least 80% sand, or;
El At least 75% sand and within 10% of the sand content of the receiver beach
El Ocean Disposal:
El Sample(s) must be less than 80% sand
19 Project is over (check one box):
91 City Tidelands
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Dredging Application
City Checklist
Page 3
El County Tidelands (State Lands Commission Dredge Lease Approval)
If applicable, check one box:
El The Irvine Company owner's approved area
El Bay Island owner's approved area
El Dover Shores owner's approved area
El Linda Isle owner's approved area
Check made payable to The City of Newport Beach
Check for $60 made payable to Santa Ana Regional Water Quality Control Board
Signed application
Neighbor notification
POST DREDGING
Post Dredging Report. Date submitted:
Post eelgrass monitoring (if applicable)
HARBOR RE SOURCES DIVISION v.6-22-07
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3044 Fax (949) 723-0589
www.newport-beach.ca.us/hbr
DREDGING, APPLICATION
Regional General Permit 54
CDP 5-06-117 & CC -031-06
Corps File No. 200501233 -DPS
Water Board Consistency Permit
Valid Until October 4, 2011
Applicant Name, Address, Phone Number:
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Agent & Contractor Name, Address, Phone Number (if applicable):
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Project Site Address: Assessor's Parcel Number:
0 Co
Dredge Site: Latitude � /V 33 -0.3s /z --v Longitude W `0
Disposal Site
Beach Disposal: Latitude Longitude
I Srtpi-e- I I
Ocean Disposal (LA -3): Latitude 33*31'00" Longitude 117*53'30"
urpose and Final Goal of Dredging (Effect on Bulkhead and Beaches):
11�11eme&Ap- low - lof-kelo 40teeejt -51�ox
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Regional General Permit 54
Dredging Application
Method of Dredging (Hydraulic, Clamshell, Tractor etc ... ), Vessel and Equipment Description:
Vessel(s) Captain /�P)4 e A
Dredging Operations Inspector
Disposal Operations Inspector
Cubic Yards Dredged and Disposed (Must be less than 1,000 cy. total):
Area Impacted (in acres): If Beach Disposal Is Used, Linear Feet of Affected Beach Area:
Acres Linear Feet
Estimate of Quantity of Material Dredged From or Disposed Onto the Site From Previous Activities:
A40 9d -Y cu /,�7 2,06
Dredging and Disposal Operations Schedule:
pe 0 1 -'ec / 6? 2ct--4
Please submit the following on a separate page. Use the check boxes to ensure a complete application is
filed. Incomplete applications will not be processed.
Fi—,� Scaled drawings of the project and disposal areas (plan view and cross sectional view)
Site address
Location within the Harbor
Ft2Z Location, and physical dimensions of existing structures on subject site (e.g. float, pier,
gangway, pile and bulkhead)
r_
P/ Location and physical dimensions of existing structures on adjacent properties
F/-' Location of Bulkhead, Pierhead and Project Lines
F/" Dredge depth (limited to -7 MLLW with a P allowable overdraft)
Photo(s) of entire dredge and disposal areas at low tide (including 3 0' buffer area),
with emphasis on eelgrass
Regional General Perin it 54
Dredging Application
Page 3
VEelgrass Survey - Completed by a Certified Eelgrass Diver
A. Survey for the presence of eelgrass within 30' of the entire project area (dredge
and disposal site)
B. If eelgrass is within 15' of project area, then the project will not be permitted.
(,4n Individual Permit must be sought.)
C. If ocean disposal: .
Any eelgrass must be located greater than 15' from project area
No further eelgrass monitoring is required
D. If beach disposal:
• If eelgrass is not present within 30' of the project area, then no further
monitoring is required
• If eelgrass is present between 15'to 30' of the disposal project area, then
pre- and post -monitoring is required. See Harbor Resources website for pre -
and post -monitoring requirements www.newport-beach.ca.us/hbr
Caulerpa Survey - Completed by a Certified Caulerpa Diver
A. Survey for Caulerpa within 30'of the project area (dredge and disposal site)
Grain Size Analysis
A. (1) sample per 1/4acre and / or at least (1) sample at dredge site and (1) sample at
beach disposal site (if applicable)
B. If beach disposal, sample(s) must be at least 80% sand
Project is over (check one box):
V City Tidelands
F County Tidelands (State Lands Commission Dredge Lease Approval)
F7 If applicable, check one box:
F The Irvine Company owner's approved area
F Bay Island owner's approved area
F, Dover Shores owner's approved area
F, Linda Isle owner's approved area
Fr—/ Check made payable to The City of Newport Beach (See Harbor Resources website for
appropriate fees)
Check for $60 made payable to Santa Ana Regional Water Quality Control Board
Project areas at the Rhine Channel, Newport Island, Promontory Bay, the West Lido Channel or from
within 1, 000 feet in any direction from the 15 th Street public pier are not eligible for dredging under
this Permit.
Regional General Permit 54
Dredging Application
Page 4
(Applicant / Agent), hereby certify that the
information on this application is accurate and complete. I also certify that I have read the California
Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06, the Army Corps
of Engineers Regional General Permit No. 54 (File No. 200501233 -DPS) and the California Regional
Water Quality Control Board General Certification for Regional General Permit No. 54 for maintenance
dredging in Newport Harbor and that I will comply with all of the conditions in those permits. I also
certify that by acceptance of this Permit, the applicant acknowledges and agrees that the site may be
subject to hazards from waves and erosion.
I will further hold the City of Newport Beach harmless from and indemnify the City against any claim for
damages arising out of the exercise of these permits. In addition, I shall reimburse the City of Newport
Beach for all attorney's fees and other costs expended by them in defending any claim, lawsuit, or
judgment arising out of the activities of the applicant carried on under the authority of such Permit.
I understand that any work authorized must be completed by October 4, 2011 after which a new
authorization is required. I also understand that the applicant will submit a Post Dredging Completion
Report no later than 30 calendar days after completion of each dredging project. All work scheduled to
be completed before 7:00 AM or after 6:00 PM (Monday - Saturday) or on Sundays or holidays must be
approved by Harbor Resources.
Per the RGP Permit, all dredging applications will be processed by the various agencies through monthly
batch submittals sent to them by Harbor Resources. Therefore, all dredging applications must be
submitted to and received by Harbor Resources by the I'Monday of every month. Applications
submitted prior to this deadline are encouraged and appreciated.
Applicant and / or Agent Signature D
General Information for RGP #54
Contractor: Mark Sites dba Intracoastal Dredging Service, (949) 675-1071
Email: marklsites@yahoo.com
License Information: California State Contractor #46023 5
Classification: "X' (General Enginecring),"RAZ"(Hazardous Remediation)
Equipment: Shop built, 6", plain suction, 110 horsepower, hydraulic dredge, 22' X 11'.
Operator: Mark Sites
PynPrirmni- '--- ent-on-abovz-equipment--
Other: No barges or tugs are used. Typically, sand is pumped through a plastic pipeline
to a nearby beach disposal / restoration site.
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MBG SAMPLE ANALYSIS SUMMARY
STATION LOCATION: 221 E. Bay Front
SAMPLE COLLECTION DATE: 4/1/2008 TEST METHOD: Sieve Analysis:
Method 2 (Plumb 1981)
COLLECTED BY: Intracoastal Dredging ANALYSIS START DATE: 4/1/2008
A B
DREDGE SITE RECEIVING BEACH
Total Dry Weight of Sample:
382.97 grams (g)
51.00 grams (g)
Analysis Weight (Split WQ:
67.62 g
51.00 g
Visual Description: A light grey
fine sand
A light grey fine sand
with large she[[ hash.
with no sheff hash.
Fraction Fraction
Fraction Fraction
Weight % of Total
Weipht % of Total
Gravel / Shell Hash Fraction:
0.27 g 0 %
0 g 0%
>2.Omm (> -1�)
#10 Sieve
Sand Fraction:
66.97 g 99%
50.92 g 100 %
<2.Omm >0.003mm (< -1� > 4�)
#230 Sieve
Sift / Clay Fraction.,
0.38 g I %
0.08 g 0%
<0.063mm (< 4
Outline of sample collection and analysis:
COLLECTION
Samples collected by a hand coring device driven into a representative area of the dredg
site and receiving beach. Stored in plastic containers and immediately delivered to the la
SAMPLE PREPARATION
Entire sample transferred into 1 liter glass containers, deionized water added, and
mixed to desalt and disperse the sediment. The sediment is allowed to completely
settle and the clear water is removed by siphoning. The sample is placed in a drying
oven at 500C and occasionally stirred until the entire sample is completely dry. The dry
sample is transferred to a desiccator for cooling. The sample is disaggregated and a
Riffle sediment splitter is used to evenly split the sample to reduce the quantity of
material to be analyzed to an allowable retention weight for the sieves.
SAMPLE ANALYSIS
The dry split fraction is processed through a # 10 U.S. standard sieve to remove the
gravel/shell fraction of the sample. The material retained on the sieve is weighed and
value recorded. The material passing through the # 10 sieve is wet sieved through a
#230 sieve to remove the silt/clay fraction. The material retained on the sieve is
transferred back into the glass container and placed back into the drying oven at 50cC.
The remaining sample is allowed to completely dry and the material is weighed and
recorded to yield the sand fraction. The silt/clay fraction Is calculated by subtracting
the gravel/shell and sand fractions from the total analysis weight.
MBC Applied Environmental Sciences, 3000 Redhill Avenue, Costa Mesa, CA 92626
Eelgrass Survey Reporting Form
(Version 1.0, June 20, 2003)
This form is required to be submitted for any surveys conducted for the eelgrass, Zostera
marina, that are required to be conducted under federal or state permits and authorizations
issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been
designed to assist in identifying eelgrass while ensuring that the required information is
consistently documented. Surveys required to be conducted for this species are subject to
modification through publication of revisions to the eelgrass survey policy. It is incumbent upon
the authorized permittee to ensure that survey work is following the latest protocols. For ftuther
information on these protocols, please contact. Robert Hoffman, National Marine Fisheries
Service, (562) 980-4043, or William Pamokas, California Department of Fish & Game, (858)
467-4218).
* Required Information
Site Name:
(common reference)
Barry O'Neil
221 E. Bayfront
Newport B ach, CA 92662
Survey Contact:
(name, phone, e-mail)
Debbie Karitnoto
(949) 887-7041 (cell)
(949) 830-1173 (fax & office)
debkarim2!2&ox-WCt
Permit Reference:
(ACOE Permit No.,
-91;A
ACOE RGP 54
CCC Permit No.)
Hydrographic System:
(bay, estuary, lagoon, or
Newport Harbor
harbor)
Specific Location:
(UTM, Lat./Long., datum,
DMS
accuracy level, attach
330 36' 23 " N
electronic survey area map if
1171 53'07 " W
possible)
See attached map
Was Eelgrass
Detected:
Yes, Eelgrass was found at this site.
_XXX_ No, Eelgrass was not found at this site.
Description of
Permitted Work:
(describe briefly the work to
Maintenance dredging / beach restoration
be conducted at the site
under the permits identified
above)
- I ,
Description of Site:
(describe the physical and
Depth range:
0- 13' Tide varied between + 1, 5 5' and 2.24' at
biological conditions within
time of underwater survey.
the survey area at the time of
the survey and provide
insight into variability, if
Substrate type:
Soft, silty sediment & compact, silty sediment
known. Please provide units
for all numerical
information).
Temperature:
630
Salinity:
Normal bay range of 3 0-3 3 ppt
Dominantflory:
None
Sea Pens
Dominantfauna.-
Bryozoans
Barnacles (Megabalanus californicus)
Mussels (Mytilus califorianus)
Orange blob opisthobranch (Berthellina ilisima)
Exotic species
encountered:
None
Other site description
notes:
None
Description of Survey
Effort:
Survey date and time
12 March 2008, 11 am — 12:30 pm
(please describe the
period:
surveys conducted
including type of survey
(SCUBA, remote video,
Horizontal visibility in
1-3 feet
etc.) and survey methods
water.'
employed, date of work,
and survey density
(estimated percentage of
the bottom actually
Survey type and
methods:
SCUBA survey; Diver swam transects throughout
APE.
viewed). Describe any
limitations encountered
during the survey efforts.
Survey personnel.,
Debbie Karimoto (949) 887-7041 (cell)
Survey density:
—30% of APE;
Survey limitations:
None
Other Information:
(use this space to provide
See map and site survey sketch
any additional
information or references
to attached materials such
as maps, reports, etc.)
Eelgrass Survey Reporting Form (version 1.0, 6/20/03)
-2-
Site Address:
221 E. Bayfront
Newport Beach CA 92662
-3-
Site Address:
221 E. Bayfront
Newport Beach CA 92662
Fuschia outline reflects survey perimeter. All area within that perimeter was surveyed.
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Caulerpa Survey Reporting Form
This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia
that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps
of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in
controlling the costs of reporting while, ensuring that the required information necessary to identify and control
any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for
this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is
incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further
information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service (NOAA
Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218).
Report Date:
13 March 2008
Name of bay, estuary,
lagoon, or harbor:
Newport Harbor
Specific Location
Name:
Barry O'Neil
(address or common
221 E. Bayfront
reference)
Newport Beach, CA 92662
Site Coordinates:
(UTM, Lat./Long., datum,
DMS
accuracy level, and an
330 36' 23 " N
electronic survey area
1170 53'07 " W
See attached maps
map or hard copy of the
map must be included)
Survey Contact:
(name, phone, e-mail)
Debbie Karimoto
(949) 887-7041 (cell)
(949) 830-1173 (fax & office)
debkar i in o LtOL& c -OX. 11 et,
Personnel Conducting
Survey (if other than
Same
above),(name, phone, e-
mail)
Permit Reference:
(ACOE Permit No.,
ACOE RGP #54
RWQCB Order or Cert.
No.)
Is this the first or
second survey for this
First
project?
Was Caulerpa
Yes, Caulerpa was found at this site and
Detected:
(if Caulerpa is found, please
has been contacted on date.
immediately contact NOAA
Fisheries or CDFG
XXXX No, Caulerpa was not found at this site.
personnel identified above)
Description of
Permitted Work:
Maintenance dredging / beach restoration
(describe briefly the work
to be conducted at the site
under the permits
identified above)
Description of Site:
(describe the physical and
Depth range:
0-13' Tide varied between + 1.55' and 2.24' at
time of underwater survey.
Substrate �pe:
y sediment
Soft, silty sediment & coTpact, si!t
biological conditions within
the survey area at the time of
the survey and provide
insight into variability, if
known. Please provide units
for all numerical
information).
Temperature:
630
Salinity:
Normal bay range of 30-33 ppt
Dominantflora:
None
Dominantfauna:
Sea Pens
Bryozoans
Barnacles (Megabalanus californicus)
Mussels (Mytilus califorianus)
Orange blob opisthobranch (Berthellina ilisima)
Exotic species
encountered
None
(including any other
Caulerpa yecies):
Other site description
notes:
None
Description of Survey
Effort:
Survey date and time
period:
12 March 2008, 11 am — 12:3 0 pm
Horizontal visibility in
water:
1-3 feet
(please describe the
surveys conducted
Survey type and
including type of survey
(SCUBA, remote video,
etc.) and survey methods
methods:
Surveillance level SCUBA survey,
Diver swam transects throughout APE.
Surveypersonnel.-
employed, date of work,
and survey density
Debbie Karimoto (949) 887-7041 (cell)
Survey density:
(estimated percentage of
the bottom actually
—30% of APE; no Cauterpa present
Survey limitations:
viewed). Describe any
limitations encountered
None
during the survey efforts.
Other Information:
(use this space to provide
See map and site survey sketch
any additional
information or references
to attached materials such
as maps, reports, etc.)
Caulerpa Survey Reporting Form (version 1.2, 10/31/04)
Site Address:
221 E. Bayfront
Newport Beach CA 92662
Site Address:
221 E. Bayfront
Newport Beach CA 92662
Fuschia outline reflects survey perimeter. All area within that perimeter was surveyed.
Cl
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Worksheet for Building Combo Permit Application
Please print 3 copies City of Newport Beach - Building Departm HARBORRESOURCE
F40uilding Grading 17.Drainage F- Elec [.7- MeCIIYA,u rv%, B
NE , ft^,DT
1. Project Address (Not mailing address)
BA -q PR,&71
.......................................................... .............................. ............................................ ........ ................. ........................ ........... F77
# Units (if Residential)
..........................
Tenant Name(if Applicable)
2. Description of Work
Exist Gar SF F77 Demo Garage SF F77 Add/Reconstruct Garage SF F
New f—I Add F--. Alter r-.Derno
...... .......
OAA_'qt.
TOTAL HOUSE SF
ALGARAGESF
-neCK Appropriate box tor Applicant
3. Owner's Name
Last First
.............
..................... . ......... ................................... ...............
Use
- --- - - ------------- ---
Valuation$ t 1 AM fo
# Stories
Cu Yd Cut F
..............................
Cu Yd Fill F
Owner's Address Owner's E-mail Address
... . ........ ............... .. . ... ....... . ......... .
................ .......................... ........................ ............................................ ...................
city
State zip Telephone
............. .............. . F 6 ......................... . .....
.........................
4. Arch itecVDesig ner's Name Last First
............................... ........................................................
..............
Lic. No.
Engineers Address Engineer's E-mail Address
.....................................
............ ............. .............. .................................... ................. ................... -, 1. . ..................................................................................................... ..............................................
.......... ................ ............ ............
City State Zip Telephone
................................................................................................... ...... F111..._-_11.__
OFFICE USE ONLY ENERGY P/C FEE $
GRADING P/C FEE $
Rev 1118107 ELEC/MECH/PLUM P/C
PERMIT NO.
PLAN CHECK NO.
PLAN CHECK FEE $
4,v
PRO Aw.04\
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171
3
10
HARBOR RESO
URCES D.
ITY
vr NEWPORT B
19 g" I -K ti eA
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CITY OF NEWPORT BEACH
HARBOR PERMIT
PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND
MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF.
AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF
THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND
ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT
IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF
THE Cffy HARBOR COORDINATOR OR CITY COUNCIL THE
RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY
AND TRW PERMIT MAY BE REVOKED By THE CITY COUNCIL
IN ACCORDANCE WITH TITLE_t7ooi: THE MUNICIpAL CODE.
crrY HARP& COORDINkT—OR--'*
153-017 27 / —
PERMIT NO. DATE
PERNi"T ISSUED SUBJEcr ro
,T-. MATERIAL BEING
VIAULED TO
As long as you comply with the general permit conditions of RGP No. 54, an individual
permit is not required. This letter of verification is valid until July 24, 2005, when RGP No. 54
is scheduled to expire. A general permit does not grant any property rights exclusive privileges.
Also, it does not authorize any injury to the property or rights of others or authorize interference
with any existing or proposed Federal project. Furthermore, it does not obviate the need to
obtain other Federal, State, or local authorizations required by law.
Thank you for participating in our regulatory program. If you have any questions, please
contact Corice J. Farrar of my staff at (213) 452-3296.
-Sincerely,
Mark Durham
Chief, South Coast Section
Regulatory Branch
Enclosure
4q,
POSTDREDGING
COMPLETION REPORT
The permittee shall send one (1) copy of the post -dredging report for each completed individual
dredging project to the Corps and the CCC documenting compliance with all general and
special conditions defined in this permit. The post -dredging report shall be sent within 45 days
after completion of the complete individual dredging project authorized in this permit, The
post -dredging report shall include the following information for the completed individual
dredging project:
Permit Number:
Start Date: 0/ - /��- Completion Date: /6 3 e
Total dredged material to Beach:
to Sea (LA3):
Total acreage impacted:
Mode of dredging and transportation, and method and frequency of disposal:
Tug or other vessel logs docun�enting contact With USCG MSO Long Bea& 6efore each trip to
the LA -3 ocean disposal site.
USCG Contact: Yes No
Form of dredged material: rslu-r--r7-) Cohesive
Procedure and location where�e disposal barge or scow was washed: IV,117
A certified report from the dredging site inspector and the captain of any tug or other vessel
used to transport and dispose of dredged material at LA -3 indicating all general and special
permit conditions were met. Any violations of the permit shall be explained in detail.
All conditioning pern-dts were met: Yes No
Post -project surveys of Eelgrass beds potentially affected by the dredging:
The post -dredging report shall be signed by a duly authorized representative of the permittee.
The pern-Littee's representative shall make the following certification:
I I certifij under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to ensure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I
am aware that there are significant penalties for submitting false information, clu ing the
possibility offine and imprisonmentfor knowing violations.
/ Signature
V
T 0
$"AYES Of
REPLY TO
&-FE1]T1OW-&F-
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
PO BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
May 5,2003
City of Newport Beach Harbor Resources Division
Attention: Tom Rossmiller
PO Box 1768
Newport Beach, California 92658-8915
Dear Mr. Rossmiller:
This is in reply to your applications dated March 14, 2002, for Department of the Army
Perniits to conduct maintenance dredging, per Regional General Permit No. 54 in Newport Bay,
Newport Beach, Orange County, California. This letter authorizes maintenance dredging at four
sites within Newport Bay (see below). -
USACE
city
Site Address
Volume
Area (sf,
Beach
Ocean
Base #
Harbor
(Cubic
est.)
Disposal
Disposal
Permit #
Yards)
200300780
171-915
915 Via Lido Soud
100
1050
Yes —
No'
Supratidal
200 300967
153-219
219 & 221 East Bay
80
750
Yes —
No
Front
Supratidal
200300968
175-640
640 Via Lido Nord
139
1500
Yes —
No
Supratidal
Totals
319
3300sf
319 cy
0
Based on the information you have provided, the Corps of Engineers has determined that
yourproposed activity complies with the terms and conditions of Regional General Permit (RGP)
No. 54.
F CALiFORNIA - TH'� RESOURCES AGENCY GRAY DAVIS, Govemor
ALIFORNIA COASTAL COMMISSION
South Coast Area Office
..200 Oceangate, Suite 1000
*Long Beach, CA 90802-4302 April 22, 2003
(562) 590-5071
Mr. Tom Rossmiller
City of Newport Beach
P.O. Box 1768
a Newport Beach, CA 92658-8915
-Subject: Condition Compliance — Coastal Development Permit 5-99-282, as amended
& Conformance with Consistency Certification CC -078-99 & CC-077-�011
ear Mr. Rossmiller:
Commission staff have received information submitted as evidence of compliance with Coastal Development
.Permit 5-919-282, as amended, and/or as evidence of conformance with Consistency Certifications CC -078-99 or
CC -077 01 for the following sites in the City of Newport Beach:
City Harbor
Permit #
Site Address
Beach
Disposal
Qty .
(cu.yds)
Ocean
Disposal
Qty' (cu.yds)
Cumulative
Total* for
2002
225-528
528 South Bay Front
75
0
153-M_
219 & 221 East BaV Front
80
0
171-91�_
915 Via Lido Soud
100
0
Sub -total
255
0 7 -
Year -to -date total
378
0
378
Commission staff have reviewed the information submitted and determined that the above referenced dredging
events conform with Consistency Certifications CC -078-99 and/or CC -077-01 and that no further federal
consistency review is necessary from the Commission for the dredging components of the projects. In addition,
the proposed beach disposal events have been reviewed and found by the Executive Director to be consistent with
Special Conditions 1-3 and 9-12 of Coastal Development Permit 5-99-282, as amended. No further review is
necessary from the Commission for the beach disposal components of the projects.
Please be advised that only the projects described in the materials submitted for the sites listed above have been
found to conform with Consistency Certification CC -078-99 and CC -077-01 and/or conform with the terms and
conditions of Coastal Development Permit 5-99-282, as amended. Any change in the projects may cause them to
lose their status as consistent with CC -078-99 and CC -077-01 and/or CDP 5-99-282, as amended. This
Certification is based on information provided by the recipient of this letter. If, at a later date, this information is
found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time
must cease until a new determination regarding conformance with CC -078-99 and CC -077-01 and/or CDP 5-99-
282" as amended, is obtained.
If you have ar�y questions, please contact me at (562) 590-5071 or Mr. James Raives at (415) 904-5200.
S i n c e
Karl Schwing
Coastal Program Analyst
Cc: Mr. James Raives, California Coastal Commission
Ms. Cori Farrar, U.S. Army Corps of Engineers
Not to Exceed 500 cubic yards per dredging and beach disposal event
Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event
Not to Exceed 20,000 cubic yards per year
Project Location:
219 & 221
Latitudell-ongitude: N
Cubic Yards to be Drec
Method of Dredging:
Nature of Dredged Mat
Disposition of Dredgec
Method of Material Dis
Pipeline transl
Effect of Dredging on
restores sand
Project Begins: a:
Page 2
Dredging Application
1, Mark Sites (Applicant/Applicant's agent), hereby certify that I have
read the U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal
Commission permit #5-99-282 for maintenance dredging in Newport Harbor and that I
will comply with all of the conditions of those permits. I will further hold the City
harmless from and indemnify them against any claim for damages arising out of the
exercise of these permits. In addition, 1, as the applicant shall reimburse the City of
Newport Beach for all attorney's fees and other costs expended by them in defending
any claim, lawsuit, or judgment arising out of the activities of the applicant carried on
under the authority of such permit.
Barry O'Neil
Applicant — Please Print
Mark Sites
Contractor — Please Print
3/11/03
Date
Signed:
Applicant/Agent
C/rr oir 54-AC,--,�
i3ulkhe4
-tg.�
12
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Z�ITE
-0 #41F
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NO EEL
S'o on 01"n'2.5 0,,*
"" elwef� Ono, a-.Fmo,4,r
GRASS
WITHIN 1 5'OF PROJECT
-Vve� Zow Wolfer.
C3 EEL GRASS I
THE P� CTAREA
"MIE
ro'"Fe /04&d-j�. /,;Icl
are e:�obit'shoo' ',I r.5. S . secif'o" �00r*M4W,~� B*;r,
-lo a 4
-SIGNAT—UR
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PERWIT-#� DATE�, pjazH-sqo
TT
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Mar 19 03 04:24p Min npplied Environmental 714 050 4040 p.4
MBC SAMPLE ANALYSIS SUMMARY
STATION LOCATION: 221 E. B8yfrOnt
SAMPLE COLLECTION DATE: 10 March 2003 TEST METHOD: Sieve Analysis:
Method 2 (Plumb 1981)
COLLECTED BY: Intracoastal Dredging ANALYSIS START DATE: 10 March 2003
1A I B
DREDGE SITE RECEIVING BEACH
Total Dry Weight of Sample
Analysis Weight (Split WQ:
Visual Description:
646.92 grams (g)
72.84 g
A medium grey fine sand
with some shell hash.
261.56 grams (g)
52,42 g
A light brown fine sand
with some shell hash,
OUTLINE OF SAMPLE COLLECTION AND ANALYSIS
COLLECTION
Samples collected by a hand coring device driven into a representative area of the dredge
site and receiving beach. Stored in plastic containers and immediately delivered to the lab.
SAMPLE PREPARATION
Entire sample transferred into I liter glass containers, delonized water added, and
mixed to desalt and disperse the sediment. The sediment is allowed to completely
seftle and the clear water is removed by siphoning. The sample is placed in a dryirg
oven at 500C and occasionally stirred unfit the entire sample is completely dry. The dry
sample is transferred to a desiccator for cooling. The sample is disaggregated and a
Riffle sediment splitter is used to evenly split the sample to reduce the quantity of
material to be analyzed to an allowable retention weight for the sieves.
SAMPLEANALYSIS
The dry split fraction is processed through a # 10 US. standard sieve to remove the
gravel/shell fraction of the sample. The material retained on the sieve is weighed and
value recorded. The material passing through the * 10 sieve is wet sieved through a
#230 sieve to remove the slit(clay fraction. The material retained on the sieve is
transferred back into the glass container and placed back into the drying oven at 500C.
The remaining sample is allowed to completely dry and the material is weighed and
recorded to yield the sand fraction. The silt/clay fraction is calculated by subtracting
the gravelishell and sand fractions from the total analysis weight.
MBC Applied Environmental Sciences, 3000 Redhill Avenue, Costa Mesa, CA 92626
Fraction
Fraction
Fraction
Fraction
� Weight
% of Total
Weight
% of Total
Gravel / Shell Hash Fraction:
0.639
1 %
0.17
0 %
>2.Omm (> -10)
#10 Sieve
Sand Fraction:
71.34 g
98 %
52.07 g
99 %
<2.Omm >0.083mm ( < -10 > 40)
#230 Sieve
Silt/ Clay Fraction:
0.87 g
1 %
0.18 g
0 %
<0.063mm (< 4 �L
OUTLINE OF SAMPLE COLLECTION AND ANALYSIS
COLLECTION
Samples collected by a hand coring device driven into a representative area of the dredge
site and receiving beach. Stored in plastic containers and immediately delivered to the lab.
SAMPLE PREPARATION
Entire sample transferred into I liter glass containers, delonized water added, and
mixed to desalt and disperse the sediment. The sediment is allowed to completely
seftle and the clear water is removed by siphoning. The sample is placed in a dryirg
oven at 500C and occasionally stirred unfit the entire sample is completely dry. The dry
sample is transferred to a desiccator for cooling. The sample is disaggregated and a
Riffle sediment splitter is used to evenly split the sample to reduce the quantity of
material to be analyzed to an allowable retention weight for the sieves.
SAMPLEANALYSIS
The dry split fraction is processed through a # 10 US. standard sieve to remove the
gravel/shell fraction of the sample. The material retained on the sieve is weighed and
value recorded. The material passing through the * 10 sieve is wet sieved through a
#230 sieve to remove the slit(clay fraction. The material retained on the sieve is
transferred back into the glass container and placed back into the drying oven at 500C.
The remaining sample is allowed to completely dry and the material is weighed and
recorded to yield the sand fraction. The silt/clay fraction is calculated by subtracting
the gravelishell and sand fractions from the total analysis weight.
MBC Applied Environmental Sciences, 3000 Redhill Avenue, Costa Mesa, CA 92626
%-UUAQPIU %-0IIEroJ rrolocol
Page 5 of 8
This policy does not vacate any additional restrictions on the handling, transpor� or disposal of
0 Um
CaulerPa that may aPply at the time of permit issuanc' Or in the -future, It is ine bent upon the
Perwittee to comply with any other applicable State or,Federal regulations, restrictions or changes to
the Protocol that may be in effect at the time of initiati 6n of authorized activities.
Caulerpa Survey Reporting Form
,.(Version 1.09 September 18, 2001)
This form i6 required to be submitted for any survM conducted for the invasivc exotic alga Cauleypa
taxifolia that are required to be conducted under federal or state pern its and authorizations issued by
the US. Army Corps of E4.noers or Regional Water Quality Control Boards (Regions 8 & 9). The
form has been designed to assist in controlhng the costs of reporting while ensuring that the required
information necessary to identify and control any potential impacts of the authorized actions on the
spread of Caulerpa, Surveys required to be conducted for this species are subject to modification
through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized
permittee to ensure that survey work is following the latest protocots. For finther information on
these protocols, please contact: Robert Hoffman, National Marine Fisheries Smice, (562) 980-4043,
or William Paznokas, California Department of Fish & Game, (858) 467-4218).
Site Name:
n r eference) ga-s
SU'rvey Coutact:
I
,nam, phone, c -mail)
Permit Reference:
'ACOE Penmit No., RWQCB Order
)r Cam No.)
Ift=== to
Elydrographic System: (bay,
'stuar x
. Y, Insoon. or!!�� )2 6 kio R
ipecWc Location:
UTM, Lat,/Long., dahm-4 accumoy, A -J 33 02 6, 3Fq
evel, attach electroWc survey MR
up if "sible) Lt) // ? 0
as Caukrpa 11ttected,
Ybs, Caulerpa was found at this site aud
Caulerpa is found, ple-me
miliately contact the permiWtS L
IRCY Project staff and NMFS or as been contacted on date.
TO personnel Wntifled above)
NO, CauleKPR Was not found lit this site.
http://swr.ucsd-edu/hc&ccpvt,btrn 03/19/2002
Description of Permitted
Work: Ib 10 Cre r -
(describe biiefly the wo* to be �Ve CL czy
conducted at the site under the
perxWts identirled above)
V d t- Sa kL
Sa
e-2-2
Description of Site: th range,i
(describe the physical and biological
conditlems within the survey am at
the time of tho survey and provide
insight into variability if known.
Iplease provide units i'o'r' gal Mmmierical
rk?
ature:
ntflora:
Fitlauna,,
encomdvred,-
Other site
dwcription
httP://swr.ucsd.edu/hcd/ccpvi.htrn 03/19/2002
ripdon of Survey Effort:
9 dasalbe the surveys
oted including type of survey
BA, re=te video, otc.) and
, mathads erVloyed, date of
and survey dens4 (estimated
Ltage of the bottom actuany
1), Describe any limitations
Ored during the survey
ley date and
period.-
311%lo-3
Page 7 of 8
type and
I S:
dc) C I'
too_ 4; -eft
Purvey
itations:
http://swr.ucsd,edulhcd/ccpvl.httn
03/19/2002
��AAV" ��A"LVA X-lVtVUUA
ther Information:
18 this swo to provide any
ditiorg infomuttion or references
Mched materials such as maps,
wM etc.)
CRdOrP4 Survey Reportin Form (version
.......... .....- ---------- .. ..... ................ .. ...
6 Caulerpa gradicatiQ� in Southem
Q �Omia
6 Southwest RepigA HgMg_Page
Page 8 of 8
http://s-vw.ucsd.edu/hcd,/ccpvt.htin 03/19/2002
Barry P. O'Neil
221 East Bayftont
Balboa Island, CA 92662
(949) 675-6336 home
March 29, 2003
City of Newport Beach
Newport Beach, CA 92661
Gentleman:
We are in the process of obtaining a permit to dredge our dock at 221 East Bayfront,
Balboa Island. It is our desire that the sand from this dredging be place on the beach in
front of our home at 221 East Bayfront and the home next door at 223 East Bayfront
which is also owned by us.
Sincerely,
Barry PI'Neil
Cjr�, _OX��Of,- L-ACl
,,, N __f_
I bu
0 r
r�1-77
ZL�, elf
�9.0.01
A, CA
4.0,WA\
IV
vicimf ry
NOW00fir, 5'AY, CA.
WOX4.e. W4jhW.-1-
rlpd-,,.
Sop
1w
W
ti 0�0 vf-�
'2-
4 S. CY 7
7,C A Cr
pole es,
OK to place sand in front of,221 and 223 East Bay Front.
5��Barryv 'Neil
Property Owner
Ok to place sand in front of 219 East Bay Front
Martha Macneb
Property Owner
Date:
Inspection Requested By:
Inspector:
Pier Address:
Pier Transfer
wae /I& Coat ooery
A0,
INSPECTION FORM
Harbor Resources Department
Don Duffy
2 /cl 6 001 67--cl s- 1- 60:,�z Ecov, I
Yes No
GFI Presentl I
Anti -Siphon / Backflow Presentl
Other Comments
Eelgrass
Yes No
Present I I
Pump Out
Pier Location
Yes No
Operational I I I
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments / Observations
Other Request
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
REPLY TO
ATTENTION OF:
September 17,2001
Office of the Chief
Regulatory Branch
City of Newport Beach
Attention: Tony Melum.
P.O. Box 176"'
Newport Beach, California 92658-8915
Dear Mr. Melum:
This is in reply to your applications (File Nos. 200001814-CJF, 200001815-CJF, 200001812-
CJF) dated June 13, 2000, for Department of the Army Permits to conduct maintenance dreding,
per 1,7 -GP 54 in Newport Bay, Newport Beach, Orange County, Californina. rhis, letter is an
after -the -fact authorization for dredging at three sites within Newport Bay (see below).
USACE
City
Site Address
Cubic
Square
Beach
Ocean
Base #
Harbor
Yards
Feet (est.)
Disposal
Disposal
Permit #
200001814
153-219
219-225 East Bay Front,
340
2850
Yes
No
Balboa Island
200001815
225-1710
1710 South Bay Front,
160
1440
Yes
No
Balboa Island
2000018!2
109-1707
1701-1713 Last Bay Front,
400
6000
Yes
No
Balboa Island
Total
920
10290
920 cy
No
Based on the information you have provided, the Corps of Engineers has determined that
your dredging activities complied with the terms and conditions of Regional General Permit
(RGP) No. 54.
-2 -
As long as you complied with the general permit conditions of RGP No. 54, an after -the -
fact individual permit will not be required. This letter of verification is valid until July 24, 2005,
when RGP No. 54 will expire. A general permit does not grant any property rights exclusive
privileges. Also, it does not authorize any injury to the property or rights of others or authorize
interference with any existing or proposed Federal project. Furthermore, it does not obviate the
need to obtain other Federal, State, or local authorizations required by law.
Thank you for participating in our regulatory program. If you have any questions, please
contact Cori Farrar of my staff at (213) 452-3296.
Sincerely,,
�ZkA'
Mark Durham
Chief, South Coast Section
Regulatory Branch
Enclosure
Special Conditions:
1. The permitted activity shall not interfere with the public's right to free navigation on all navigable waters
of the United States.
2. No dredging or earthwork is authorized by this Letter of Permission.
3. No creosote treated pilings shall be placed within Newport Bay.
4. The permittee shall noEfj, the A�,M Corps - Engineen of 4-1— A � f - _f --- -nce.—...--..t of operat; ons and
r 7 rl _f E -1-1 Of the date Of 101 -1 -
the date of completion of operations at least five days prior to such completion.
5. No other modifications or work shall occur to the docking structure.
,6. No debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings; thereof, oil or petroleum
products, from construction shall be allowed to enter into or placed where it may be washed by rainfall or
runoff into Newport Bay. Upon completion of berthing improvements, any excess material or debris shall be
removed from the work area. No rubbish shall be deposited within Newport Bay.
7. That the permittee shall notify the Commander Eleventh Coast Guard District POW, BLDG 50-6 Coast
Guard Island, Alameda, California, 94501-5000, (510) 437-2968, at least two weeks prior to start of activity
and 30 days if buoys are to be placed. The notification should include the following information:
a. the location of t -l -le work site;
b. the size and type of equipment that will be performing the work;
c. name and radio call signs for working vessels, if applicable;
d. telephone number for on-site contact with project engineers; and
e. the schedule for completing the project.
8. A copy of the post -survey drawings shall be sent to the following address:
NOAA, National Ocean Services
ATNN: N/CG2211
Map and Chart Branch
SSMC3, Room 6211
1315 East-West Highway
Silver Spring, Maryland 20910
9. The permittee understands and agrees that, if future operations by the United States require
the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the
opinion of the Secretary of the Army or his authorized representative, said structure or work
shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee
will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
Frorrr Mark Sites Fax: +1(949)675-1071 To: Tony Mel u m
To: Tony Melum
City of Newport Beach
Phone
Fax Phone +1(949)673-3056
Fax: +1(949)673.3656 Page 1 of I Monday, August 21. 2000 11:37 AM
Date: I Monday, August 21, 2000
Pages including cover sheet: 11-1
From:
Mark Sites
Intracoastal Dredging
P.O. Box 498
Balboa Island
CA 92662
Phone
+1(949)673-0993
Fax Ph one
+1(949)675-1071
Tony -
Please inform the Orange County Harbor Patrol and the Newport Beach
Police Department that I will be dredging until 10pim, starting Friday,
August 25th thru Monday, August 28th. The work will take place at
219-225 East Bay Front, on Little Balboa Island. The hic[h tides in
the late evening are necessary for this work.
Thank you,
Mark Sites
Intracoastal Dredging
PERMIT No. 7
DRIEDGING APPLICATION
ProJwt Lwadan: 219 -
225 East Bav Front,
Balboa
Island
Latitudo/LoqOudw, 33
36.441, North, 117
53.1881
West
Cubic Ywds to be Dredged., 340
Me&od of Dred&s, Hydraulic suction
NAtur* Of D"dVd MdtberiM (Grain size data)- Attached
DISPOWIdon of t)redged MaWrial: Placed on beach
M0thQdQfM4WV!AlD13P08ifi0jW- PiPeline transport to beach restoration site.
Mct of Dredsins, an ContiSuous Bulkheading &ad Beaches: Re =Zes sand tq-jjPp!gt, d,
;e
beaches. Reinforces and protects ex±�4t-tnq- bulkheads.
Pro*t Begjr�.- _July, 2000 Project Ends: - July, 2000
Mark Sites (APPlicant/Applicarifs agent), herekV certify that I have read thp
U -S' Amy COrPs Offt&ee" Permit RGP#54 and the California coastal Commission permit
05-99-282 for malin*nnce dredging in Newport Harbor and that I wi I, Comply with all of the
conditions of those pemits. I will further hold the City harmless from and Indemnify them
Apimt &ny CWM for damages aris'nf out Of the exercise Of these permits. In addition, Lai the
applicaW dW1 reimburse the cltyoj Newport B"ch for all attorney,.s fees and other costs
eVmded by &= in dgfending any claim lawsuit, orjudgement arising out of the activities of
the APP"Cant ""ied On uAder the authority of such permit
Barry O'Neil
�,:V.imlark Sites
ApplicaM - Please P�dnt
Contractor P1 se P -ni
6L1312000
Signed.
Date
Applicant/ Agent
MBC SAMPLE ANALYSIS SUMMARY
STATION LOCATION: 221 E. Bay Front
SAMPLE COLLECTION DATE: 30 May 2000
TEST METHOD: Sieve Analysis:
Method 2 (Plumb 1961)
COLLECTED BY: Intracoastal Dredging Service ANALYSIS START DATE. 2 June 2000
1A 113
DREDGE SITE RECEIVING BEACH
Total Dry Weight of Sample: 515. 10 grams (g) 448.85 grams (g)
Analysis Weight (Split Wt.): 62.73 g 59.21 g
Visual Description:
A light gray fine sand
A light gray fine sand
Fraction
Fraction
Fraction
Fraction
Weight
% of Total
Weight
% of Total
Gravel / Shell Hash Fraction:
1.62 g
3 %
0. 31 g
0%
>2.Omm (> -10)
#10 Sieve
Sand Fraction:
59.69 g
95 %
57.33 g
97%
<2.Omm >0.063mm (< -1� > 40)
#230 Sieve
Silt / Clay Fraction:
1.52 g
2%
1.57 g
3 %
<0.063mm (< 4
OUTLINE OF SAMPLE COLLECTION AND ANALYSIS
COLLECTION
Samples collected by a hana coring device driven into a representative area of the dredge
site and receiving beach. Stored in plastic containers and immediately delivered to the lab.
SAMPLE PREPARATION
Entire sample transferred into 1 liter glass containers, deionized water added, and
mixed to desalt and disperse the sediment. The sediment is allowed to completely
settle and the clear water is removed by siphoning. The sample is placed in a drying
oven at 500C and occasionally stirred until the entire sample is completely dry. The dry
sample is transferred to a desiccator for cooling, The sample is disaggregated and a
Riffle sediment splitter is used to evenly split the sample to reduce the quantity of
material to be analyzed to an allowable retention. weight for the sieves.
SAMPLE ANALYSIS
The dry split fraction is processed through a # 10 U.S. standard sieve to remove the
gravel/shelf fraction of the sample. The material retained on the sieve is weighed and
value recorded. The material passing through the # 10 sieve is wet sieved through a
#230 sieve to remove the silt1clay fraction. The material retained on the sieve is
transferred back into the glass container and placed back into the drying oven at 500C.
The remaining sample is allowed to completely dry and the material is weighed and
recorded to yield the sand fraction. The silt/cIlay fraction is calculated by subtracting
the gravellshell and sand fractions from the total analysis weight.
IMSC Applied Environmental Sciences, 3000 RedhillAvenue, Costa Mesa, CA 92626
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EPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
City of Newport Beach
Attn: Mr. Wes Armand
P.O. Box 1768
Newport Beach, California 92658-8915
June 17, 1998
SUBJECT: NOTICE TO PROCEED (File No. 98-00552-VAW)
Dear Mr. Armand:
Reference is made to your letter dated May 21, 1998 in which you submitted, on behalf
of Mr. Barry O'Neil who resides at 219/221 E. Bay Front, a notification for the maintenance
dredging of 120 cubic yards of sand and silt material by hydraulic suction and disposal of the
dredged material on the adjacent beach.
Based on the furnished information, we have determined that the proposed
maintenance dredging activity complies with the terms and conditions of Permit No. 89 -211 -
GS provided that Mr. O'Neil's contractor, Mark Sites, does not exceed the maximum
dredging design depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot
MLLW.
If you have any questions, please contact Vicki A. White of my staff at (213) 452-3414.
Please refer to this letter and 98-00552-VAW in your reply.
n ryly,
Mark Durham
Chief, South Coast Section
Regulatory Branch
Enclosure(s)
HARBOR PERMIT APPLICATION
City of NeLaport Beach Fire &_ Marine De r t
Please Print: (Front & Back)
Barry 0' eil 221 E. Bal
F.�
1 --T
App -
,cant kProperty uwner) AcLaress -i-e-Lepnone
same
2. Proj.ec t Address (street address) Harbor P-e—mit #
3. New CdnstniCtiorv� Revision Maintenance Dredging xx
4. Fee 358.00 V — Check No.— 1235 Date , 4/28/97
5. Brief Description Of Proposed Work:
Maintenance dredging
6. Suhmit Drawings (3) Include: 1. Location and dimension of
proposed structure 2. Location of bulkhead 3. Location. of
property lines and lot size 4. Location of channel markers within
200 feet -of proposed project 5. Existipv ground profile, and area
and prof ile of any dredglpV with elevations shooiing depth
relative to MLLW 6. Elevations of top and bottom of piles and
bulkheads with respect to MLLW 7. A�iy special conditions
affectinV the construction or affecting boating cperations. 7.
Owner Builder/Contractor Declaration/Ins ormation
7. Applicant's/Agent'S SignatUr8 Date 5/5/98
8. Work can begin once the City has received evidence of the
following additional aPProvals and you have bem ified to
OFFICE USE ONLY
Approval in Concept.
Date
Approval of the City of Newport Beach Council.
Date
Approval of the Army Corps of Engineers.
Date
Approval of the California Coastal Commission.
Date
Approval of the City's Public Works Department.
Date
Approval of the City's Building Department.
Date
County of orange.
Date
issued. (Permit is stamped drawing)
Date
Site inspection.(call 644-3043 fo tment)
Date
Site Re -Inspection.
Date
Conditions:
OWNER -BUILDER DEMARATION
I hereby affirm that I am exempt from the contractor's license
law for the following reasons: (Sec.7031d.5, Business and
Professions Code) Any City or County which requires a permit to
construct, alter, improve, demolish, or repair any structure,
prior to its issuance, also requires the applicant for such
permit to file a signed statement that he is licensed pursuant to
the provision of the Contractors License*Law (Chapter 9,
commencing with Section 7000) of Division 3 of the Business.and
Professions Code) or that he is exempt therefrom and the basis
for the alleged exemption. Any violation of Section 7031.5 by any
applicant for a permit subjects the applicant to.a civil pernalty
for not more than five hundred dollars ($500). ,
I, as owner of the property, or my employees with wage� as
Ule—ir sole compensation, will do the work! and the structure is
not intended or offered for sale (Sec. 7044, Business and
Professions Code: The Contractor's License Law does not apply to
an owner of property who builds or 1uproves thereon,.and who does
such work himelf or throuVh his own employees, provided that
such improvements are not intended oroffered for sale. If,.
however, the building.Or improvement is sold within one ye�Lr of.
completion,, the owner -builder will have the burden of proving
that he did not build or improve for the prupose for sale.)
I, as owner of the property , am exclusively contracting
wi h--Iicensed contractors to construct the project (Sec. 7044,
Business and Professions Code:. The Contractorls.Ticense Law does
not apply to an owner of property who builds.or improves thereont
and who contracts for such
pro -a Contractorl(s) License
Llects with
pursuant to the Contractorls 1cense Law).
I I am exempt under Sec.
prof—essions Code for this reason:
of Business and
0 . wner S Date
Contractor
Mark Sites
Telephone
675-1071
Address P.O. Box 498, Balboa Island, CA 92662
License Class A/HAZ State Board No.460235 City License No. 97021127
LICENSED CONTRACTOR'S DECLARATION
I hereby affirm that I am licensed under provisions of Chapter 9
. I
(commencing with Section 7000) of D' s 3 of the Business and
Professsions Code, and my 'cen ull force and effect.
Contractor Signature Date
DREDGINIG APPLICATION
Project Location: 219/221 E. Bay Front, Balboa Island
Cubic Yards to be Dredged: 120 1
Method of Dredging: Hydraulic Suction
Nature of Dredged Material: Sand/Silt
Disposition of Dredged Material: Beach restoration
Method of material Disposition: Pipeline transport to beach restoration site.
Turbidity Control Method: Reduced'discharge velocity
Effect. of dredging. on contiguous bulkheading and beaches Protects
and reinforces existing seawalls and bay beaches.
Mark Sites hereby state that I have read the U. S. Army
(print name)
Corps of Engineers permit for.maintenance dredging in Newport Harbor, the
City of Newport Beach and orange County Harbors,Beaches and Parks District
(if applicable) permit for maintenance dredging and that I accept all the
provisions therein. Additionally I guarantee that the proposed dredging
will not occur because of any altering of existing use of the affected
zone.
Barry O'Neil
(Appli-c—ant-type name)
5/5/98
(Date)
Mark Site
(Contractor -type name)
Signed: 10�Z4 �W
Contractor's
Representative
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HARL30R PERMUT
IS HEREBY GRANTED To CONSTRUCT AND
MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF,
AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF
THE HARBOR PERMIT POLICIES OF NEWPORT REACH AND
ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT
IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF
THE CITY HARBOR COORDINATOR OR CITY COUNCII- THE
RIGHTS GIVEN UNDER THIS PERMIT AR - AMISSIvE
AND THIS PERMIT MAY B- RE OKED T E CITY N
IN ACCORDANCE WITH 7 OF UNICI L C E.
CITY HARBOR COORDIN
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HARBOR I PERMIT APPLICATION
City of NeMort Beac &: M r'nl= T)j=p,-4
Please Print: (Front & Back
s
3. New Constructi��_ Revision V""IMvaintenance Dreqlging
4. Fee It7a Check No. DaE—e
Description of
6. Submit Drawings(3) Include: 1 -Location and dimension of
proposed structure 2. Location of bulkhead 3. Location of
property lines and lot size 4. Location of channel markers within
200 feet of proposed pro�ect 5. Existing ground profile, and area
and profile of any dredgi�iV with elevations showing depth
relative to MLLW G. Elevations of top and bottom of piles and
bulkheads with respect to MLLW 7. A�iy special conditions
affectinv the construction or affecting b operations. 7.
u7ting
Owner Builder/Contractor Declaration/In�,3 a _e,
I �� aW --;Znformation
7. Applicant' s/Agent's Signature Date
8. Work can begin once the City has received evidenc of th
following additional approvals
proc ed;
Wkdoikwv — - — a— — - — " — _;�;SMM
OFPICE USE ONLY
V _
Approval
in
Concept.
of
the City
of Newport Beach Council.
Approval
of
the Army
Corps of Engineers.
Approval
of
the California Coastal Commission.
Approval
of
the City's
Public Works Department
Z(0-5
Date
Date
Date
Date___,�
Date
Approval of the City's Building Department. Date
County of orange. Date
v' issued. (Pe=dt is stamped drawing)
site Inspection.(gall 644-3043 for gpMintment) Date_7-_/-_-,R_,e�
Site Re -Inspection. Date
7T/ , � � 7 A; ---) L -
Conditions:
OWNKEZ-BLTILDER LARAT ON
10_
I hereby affirm that I am exempt from the contractor's license
law for the following reasons: (Sec.7031d.5, Business and
Professions Code) �ny City or County which requires a permit to
construct, alter, improve, demolish, or repair any structure,
prior to its issuance, also requires the applicant for such
permit to file a signed statement that he is licensed pursuant to
the provision of the Contractors License Law (Chapter 9,
commencing with Section 7000) of Division 3 of the Business and
Professions code) or that he is exempt therefrom and the basis
for the alleged exemption. Any violation of Section 7031.5 by any
applicant for a permit subjects the applicant to a civil pernalty
for not more than five hundred dollars ($soo).
I, as owner of the prope or my employees with wages as
'EHE—ir sole compensation, will dryt�e work, and the structure is
not intended or offered for sale (Sec. 7044, Business and
Professions Code: The Contractor's License Law does not apply to
an owner of property who builds or improves thereon, and who does
such work himself or throuVh his own employees, provided that
such improvements are not intended or offered for sale. If,
however,* the building or improvement is sold within one year of
completion, the owner -builder will have the burden of proving
that he did not build or improve for the prupose for sale.)
I, as owner of the property , am exclusively contracting
wit=icensed contractors to construct the project (Sec. 7044,
Business and Professions Code: The Contractor's License Law does
not apply to an owner of property who builds or improves thereon,
and who contracts for such projects with a Contractorl(s) License
pursuant to the Contractor's License Law).
I am exempt under Sec. of Business and
Tir-o-Te-s-sions Code for this reason:
Owner Signature
Date
Contractor 5W 1 FT-S.L- t P Telephone 7,A Y -S -MM_
Address .5-00 54re-et
License Class State Board Nb.YOO)O�S City License Nb.75Z7030,)_
LICENSED CONTRACMR,s DECLARATICN
I hereby affirm that I am 1- ensedunder provisions of Chapter 9
'L L
(conmencing with Sec ion 7 of",4vision 3 of the Business and
td A9 e
Professsions Code, j I e in full force and effect.
Contractor Signature Date
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CITY OF NFWPORT BEACM
HARBOR PERMIT
PERMISSION IS HEREBY GRANTED TO CON9MUCT AND
MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF,
AT THE SITE imomm, suwm To THE PROvISIONs OF
THE HARBOR MW POUCISS OF NEWPORT BEACH AND
AW SPECIAL CONDMONS USTM HgREON. THIS PERMIT
ISN0TTRAN&VWUWffH=THE`WR NCONSENTOF
THE CITY KAMM COORDINAM OR CITY COUNCIL THE
RIGHTS GIVEN UNDER THIS PERMIT AR ISSIVE ONLY
AND THIS PERMIT MAY REVOKED E MY COUWA
IN ACCORDANCE 17 UNICI"Ds.
PERMIT NO. DATE
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�43�AISSIGN IS HERE13Y GRANTED TO CONSTRUCT AND
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A! THE SITE INDICATED. SUBJECT TO THE PROVISIONS OF
THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND
ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMrr
IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF
THE CITY HARBOR COORDINATOR OR crry COUNCIL T14E
PERMISSIVE ONLY
RIGHTS GIVEN UNDER THIS PERMIT A 1.
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0
CITY OF NEWPORT BEACH
-Z PO. BOX 1768, NEWPORT BEACH, CA 92658-8915
1:0 9,
April 25, 1996
Barry O'Neil
221 East Bay Front
Balboa Island, Ca. 92662
Re: permit 153-0219-1
Dear Mr. O'Neil:
T�e City of Newport Beach has received a complaint regarding the
pier and float bayward from your residence at 221 East Bay Front,
Balboa Island. Specifically, the complaint is that there is a
vessel displaying a sign in violation of Section 25. A. of the
Harbor Permit Policies which prohibits signs beyond the bulkhead
lines.
A field inspection conducted on April 17, 1996, and April 22,
1996, confirmed that a sign of commercial riature is displayed
from a vessel berthed at dock.
Please arrange to have the above mentioned sign removed within
ten working days from the date of this letter.
If you require additional information
please call me at 714-%644-3043.
Sincere
Wes Armand
Harbor Inspector
cc: Martha MacNab, 219 East Bay Front
in regards to this matter,
3300 Newport Boulevard, Newport Beach
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 2711
LOS ANGELES. CALIFORNIA 90053-2325
February 7, 1994
Mr. Tony Melum
Tidelands Administrator
City of Newport Beach
P.O. Box 1768
Newport Beach, California 92659-1768
SUBJECT: NOTICE TO PROCEED
Dear Mr. Melum:
Reference is made to your letter (No. 94 -382 -BH) dated
January 26, 1994 in which you submitted on behalf of Martha
MacNab at 219-221 E. Bay Front a notification for the maintenance
dredging of 200 cubic yards of sand and silt material by
hydraulic suction and disposal of the dredged material by
pipeline transport to a beach reclamation area.
Based on the furnished information, we have determined that
the proposed maintenance dredging activity complies with the
terms and conditions of Permit No. 89 -211 -GS provided that Ms.
MacNab's contractor does not exceed the maximum dredging design
depth of -5 feet MLLW with a maximum allowable overdepth of -1
foot MLLW.
If you have any questions, please contact Bruce Henderson at
(213) 894 -0351.
Sincerely,
4'4�.-)
Michele F. Waltz
Chief, South Coast Section
v T- - -r 'r XT 0
DREDGI:4G A?pL-TCA-ION
Mark Sites herebv state that T have read
kip-rint, name) rm.
-0- s 046 191-Meers -Pe=it =or maintenance in
of
ort Beach and Orange Ccun Y H�Bxbcl"s, Beaches and P -arks
.6 appl-4cabie)
Per-.nl-6 fo-- rmaintenance dredging and tha,- =ccen-, -,-e
Pro,visions therain. Additionally I cruaran-ee that the .0--cposed dre.ja
'will .10t occur because of any altering oa
ex is t ing use of' t4he a.--c--ed
zone.
Martha MacNab
---7--PPT-l-c=nt-�type Marme�)
1/20/94
(Date)
—Tt'-�int r a �ct o y 7- �-e-ln a �.mne ) � �
Signed:
Cantrac--or's
Representa-;ve
Method of
m.aterial
Dispos4tion:
Method:
c'" Of
dredging
on contiguous bul.kheading
and !:)each.es
—rle-Z�ZZOtect
-IftPeinforc
on —A 4. —
.2 --*1
Mark Sites herebv state that T have read
kip-rint, name) rm.
-0- s 046 191-Meers -Pe=it =or maintenance in
of
ort Beach and Orange Ccun Y H�Bxbcl"s, Beaches and P -arks
.6 appl-4cabie)
Per-.nl-6 fo-- rmaintenance dredging and tha,- =ccen-, -,-e
Pro,visions therain. Additionally I cruaran-ee that the .0--cposed dre.ja
'will .10t occur because of any altering oa
ex is t ing use of' t4he a.--c--ed
zone.
Martha MacNab
---7--PPT-l-c=nt-�type Marme�)
1/20/94
(Date)
—Tt'-�int r a �ct o y 7- �-e-ln a �.mne ) � �
Signed:
Cantrac--or's
Representa-;ve
C/"' r
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CITY OF NEWPORT BEACH
HARBOR PERMIT
PERMISSION 18 HEREBY GRANTED TO CONSTRUCT AND
MAINTAJN THE FACILITY SHOWN ON, THE REVERSE HEREOg
AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF
THE "ARBOR PERMIT POUCIES OF NEWPORT BEAC14 AND
ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERWr
IS NOT TRANSFERAKE WITHOUT THE WRITTE14 CONSENT OF
THE C"y HARBOR COORDINATOR OR CrfY COU14CIL "I
RIQWS OWN UNDER THIS PERMIT ARE PERMISWa ONLY
AND TH118 PERMIT MAY BE REVOKED BY THE CITY COUNCIL
IN ACCORDA" WITH TME
,V,o0F THE MUNICIM-,CODL
---2--a�fny 4`1�
CITY HAABfiR COORDINATOW'-
L5 5 - -� lJ7
2L Z -
PERMIT NO. DATE
PEMNII I' ISMED SUair.-ar ro
MATERIAL SCING
NAMED TO
F'LACECAOLPMEACH_-�?40 de��
0
(e-17
CITY OF NEWPORT BEACH
PO. BOX 1768, NEWPORT BEACH, CA 92658-8915
OV,
st 16, 1993
Earth Escrow Co., Inc.
833 Dover Dr. #29
Newport Beach, Ca. 92663
re: Harbor Permit 0153-0219-1 for 12-2�ia :L-i-do_Nor_a
Dear Sir:
The City of Newport Beach Marine Department has received a request
to transfer pier permit 0153-0219-1 for the property located at 221
East Bayfront, Newport Beach, CA. The facility was inspected on
8/11/93.
We cannot transfer the pier permit until the following deficiencyi-:,
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.
2. The electrical line to the float must be enclosed in conduit.
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 structural
deficiencies must be corrected prior to transfer of the
permit."
A permit for plumbing or electrical work may be obtained from the
Building Department of the City.
PLEASE ADVISE THIS DEPARTMENT WHEN THE ABOVE DEFICIENCIES HAVE BEEN
CORRECTED. When we have been notified, the structure will again be
inspected and when the requirements have been net the pier permit
will be transferred.
If you have any questions or to request a reinspection of the
structure please call 644-3044.
Wes Armand, Marine Department
3300 Newport Boulevard, Newport Beach
CITy OF NEWPORT BEACH, CALIF.
%
DETACH AND RETAIN THIS STATEMENT
WX FORM ag-jO13 REV.
EARTH ESCROW CO., INC. THE AITACHED C�' � IN PAYMENT OF ITEMS DESCRIBED BELOW. IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO R: SIRED.
STUB 1-1
DATE DESCRIPTION AMOUNT
ESCROW N 2439 -AT
PROPERTY 0221 East Bayfiont (Batboa. Island)
07/21/93 Newport Beach 92662 �300.00
Funds due you per instructions on above
Buyer/Borrower: O'Neil,, Barry
Seller/Lender: Chesebro & Lenk-
Ref:
13
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CffY OF NEWPOW BEACH
HARBOR PERMIT
M&MMON IS HEREBY GRANTVID " COWMW AND
MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEKM
AT THE SITE INDICATED, SUBJECT TO THE MOVISIM OF
M HARBOR PERMIT POLICIES OF NEWPORT BEACH ANI)
ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMN
IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OP
THE CITY HARBOR COORDINATOR OR CITY COUNCIL THII
RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY
AND THIS PERMIT MAY BE REVOKED BY THE CITY COUNCIL
IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL COOL
CITY HARBOR COORDINATOR
PERMIT NO. DATE
L . . . .
A J,
ni
n
CNB Public Works Department conditions Permit: "This Harbor Permit
is conidtioned to allow berthing of four (4) 26 foot maximum length
vessels."
a
OPZOGING APPT�7CAT7LON
Project Lccat-;on: 219-221 E- BavF=
4:,r NTO
/
ic Yards to be Dredged: 190
Method of Dredging:
Nature of Dredged Material:
Oismosition of Dredged Material:,z4,.jj,,. t-sms-n-t tn 'neach reclamation
01"an -
Methcd of !-.1-ater-Jal DiLsmosition: pjoej4n��, trans -00,t
T'—'-biditv Contzol Method:
qt� I
o"': dredgi.-.a on contiguous buLkhead-ing and beac.!,,.es
Reinforce/'C-�Otect bulkhead -restore sand to derleted beach
Mark Sites hereby state t.hat I have read U. r
A 71%,'
kprint na-me)
Cor=s Of -E.ngineers pe=i-
=-r maintenance dredging in Ziew-ao=-t
C-4�6,,r of Newmort Beach and Orange Ccuntv Haxl-crs,Beac
hes and -n-zzks
a-colicable) perml-, f= maintenance dredging and accez--
pzo'visions therain. -4
Addi%-.A.onally I guarantee that
will noz occur because of any alteri.n.q of existing use of the aff-ac--ad
zone.
MacNab-Chesbro
(App li cant- type name)
/1/7 / 91 a-
/ (Date)
(Conzractcr-type
S iq . n e d
Re,presenta-4ve
-1
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CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
F
July 25, 1991
Cheseboro and Lenk
1878 Rhodes Dr.
Costa Mesa, CA 92626
Re: Harbor Permit No. 0153-0219-1
Dear Permittee:
The Finance Department has indicated that the fee for above Harbor
Permit for the year 1991.has not been paid and there is currently
an outstanding balance due of $6.87.
Failure to pay this fee within 30 (thirty) days of receipt of this
letter will result in the Marine Department recommending that the
pier permit be revoked as provided by Section 17.24.090 of the
Newport Beach Municipal Code, which states:
17.24.090 "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 the following
grounds: (4) If the permittee has failed for a period of sixty
(60) days to pay the fee or fees heretofore or hereafter imposed
for the occupancy of tidelanhds, filled tidelands or submerged
lands upon which such work or structure exists."
If you have questions in this regard please call me at 714-644-
3044.
Sincerely,
Tony Melum
Tidelands Administrator
3300 Newport Boulevard, Newport Beach
'STATE Of CA I LIFORNIA—THE RESOURCES AGENCY PETE WILSON, Govemor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA
245 W. BROADWAY, STE, 380
P.0, BOX 1450
LONG BEACH, CA 90802-4416 Date:— Mav-8, 1991
(213) 590-501
TO: Swift Slip Dock & Pier Builders
500 30th St.
Newport Beach. Ca. 92663
SUBJECT: Waiver of Coastal Development Permit Requirement/De Minimis
Developments -Section 30624.7 of the Coastal Act
Based on your project plans and information provided in your permit
application for the development described below, the Executive Director of the
Coastal Commission hereby waives the requirement for a Coastal Development
Permit pursuant to Section 13238.1, Title 14, California Administrative Code.
If, at a later date, this information is found to be incorrect or the plans
revised, this decision will become invalid; and, any development occurring
�must cease until a coastal development permit is obtained or any discrepancy
is resolved in writing.
WAIVER #jz9l-326 APPLICANT:_ Martha Macnab & Del Chesebro
LOCATION: 219/221 East Bay Front, Balboa Island
PROPOSED DEVELOPMENT: Remove and replace docks, ramp that serve two adjoining
residential properties with single access.ramp and two floats within the U.S.
Pierhead line.
�RATIONALE: The proposed project will have no adverse impacts on coastal
resources as it is a replacement in like kind and in essentially the same
is consistent with the Coastal Act, the City's Land Use Plan and
Commission actions.
This waiver will not become effective until reported to the Commission at their
June 11-14. 1991 meeting and the site of the proposed
nt to 13054(b) of the
,..development has been appropriately noticed, pursua
,-Administrative Code. The enclosed Notice Card shall remain posted at the site
until the waiver has been validated and no less than seven days prior to the
Commission hearing. If four (4) Commissioners object to this waiver of permit
requirements, a coastal development permit wi,11 be required.
by.
'CHAR LEAS &DAMM�����
:South Coast District Director
cc: Commissioners/File
0518E
WREPLYTO
ATIENTION OF
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 2711
LOS ANGELES. CALIFORNIA 90053-2325
April 8, 1991
Office, of the Chief
��Regulatory Branch
'Mcnab/Chesebro
C/o Swift Slip Dock and Pier Builders
ATTN: Peter Swift
:500,30th Street
�"'Newport Beach, California 92663
Gentlemen:
Reference is made to your request of February 7, 1991 (Permit no. 91 -224 -
.GS). Under the provisions of Section 10 of the Rivers and Harbors Act of
March 3, 1899 (33 U.S.C. 403), you are hereby authorized to revise an existing
,residential boat dock in Newport Bay at 219 and 221 East Bay Front, Balboa
�;' Island, Orange County, California, as shown on the enclosed drawings and
isubject to the enclosed conditions.
The owner or authorized responsible official must sign and date all copies
of this Letter of Permission (LOP) indicating that he/she agrees to the work
-As described and to comply with all conditions. One of the signed copies of
this Letter of Permission �iust be returned to the Corps of Engineers (a pre -
,addressed envelope is enclosed for your convenience). Notice of the
.commencement of the activiry must reach this office at least 10 days before
the activity actually starts. Please use the enclosed card.
If you have any questions please call Gerardo Salas, Regulatory Branch, at
p,,(213).894-5606 any.workday. Please refer to the file number 91 -224 -GS in any
future correspondence.
"CE:Vt: I Y,
2,
David J. Castanon
Chief, Regulatory Branch
(DATE)
APPRO
appli
Admin
Gener
Prope
.Lega3
City- 11
Appl.
Appl.
I hal
BEACH
CITY OF NEWPM�,
C A L I F 01IR N nuo
U 4�4ij;vi
City Hall
For. MARINE DEPARTMENT
3300 Newport Blvd.
70 Newport Pier (714) 673-2110
APPROVAL IN CONCEPT
AL IN CONCEPT BY THE k,.,ITY OF NEWPORT .-BEACH as required for permit
I ation to the South Cc)E�.st Regional Commission pursuant to California
strative Code, Sect—io.-s 13210 and 13211.
1 Description of Prov�-_:sed Development:—,
ty Address:
Oescription:
I rbor Pe rmit Number:
,.ant 411-011 _1�
,ant's mailing 'Address.
�,ant.ls Telephone Nurnbe_,:
,,,,"reviewed the plans for the. foregoing development including:
,�ublic access to
The generai site pl.--.in, including any' roads and
the shoreline.
any
The grading p-lan
31;0 The - general. -uses a inten-, ity 'of us e,,propo6ed ,-or each part of
,the area covered 11r. the --apiplicationf.—
and.. f ind
:they comply.with the current. -adopted Newport Beach General. Plan,
Zoning Ordinance, Subdivision 0# 1
and any applicable*specific
or* precise plans or
That a variance or 3xception has" been approved ::�.nd is final.
A PP RO", , AL
IN CONC
any variance, except) . Lon, conditional use Pormit, or other issued
i)crmi t 'is attached together %-,,ith all conditions of approval and all d
approve
plans -including approved tentative tract maps. On the basis of this finding,
these plans.are approved in concept and sai I d approval has been writtp" n' upon
said pl:an-se signed, and dated.
Should.:14ewport Beach adopt a4n ordinance deleting, amending', or adding to the
Zoning��, Ordinance,or other regulations.,in any manner that �qould affect the use
of the rope rty or, the design of a -project located thereon, this approval in
concep# shall becomenull and void as of the effective date of this said
ordinance.
In ac ordance with the California Environmental Quality Act of 1970'-t and state
an'd local guidelines adopted thereunderl this development,�
lia'SY-been determined to be, ministerial or categorically exempt.
0 Ilas received a final Exemption Declaration or final Negative Declaration
(copy attached).
Ila. received a Final Environmental Impact Report 'copy attached).
All discretionary approvals 'Legally required of Newport Beach I prior to' issuance
of 'a building permit have been given :and are final. "'he development is not-
subject'.,to rejection in principal by Newport Beach uniess a substantial change
in it is proposed.
This concept approval in no way excuses the applicant -frorn, complying -with all
applicable policies, ordinances, codes, and regulations of Newport Beach.
D. Harshbarger
Marine irecto.
By:
gnature
u !e
7�41LIY
iTint6d name and title C;f _��nd�7id�ual
Date: 1//
Attachments:
F- 11
Y1,7
.CITY OF NEWPORT BEACH
Marine Department
March 11, 1991
TO: MAYOR A14D CITY COUNCIL
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATION 153-219 BY MARTHA MCNAB
TO REVISE THE'RESIDENTIAL PIER AND FLOAT BAYWARD
OF 219 AND 221 EAST BAY FRONT
Recommendation:
If desired, approve the application subject, to the following
conditions:
1. Approval of plans and specifications by City of Newport
Beach'Public Works Department
2. Approval of California Coastal Commission
3. Approval of Army Corps of Engineers
Discussion:
This application is before the City Council as required by Section
23. V of the Harbor Permit Policies, which states:
"Balboa Island. All new piers shall be subject to special
permits approved by the City Council" ....
and 5.C.2 of the Permit Policies, which states:
"Prior approval of the City Council will be required before
issuing a permit for shore-connectred structures when ... the
abutting upland property is owned by the City...".
and Section 22, which states:
"Balboa Island. Piers presently in use may be repaired but
recommendations for any additions or remodeling shall be restricted
to such changes that do not lessen thb use of either the immediate
water or land areas.11
The application under consideration is a joint dock bayward of t he
residences at 219 andz-�22JEast Bay Front. The applicants propose
rebuilding the existing dock and revising the floats bayward of the
pier structure. The revision would eliminate the existing two
single finger floats and build instead a double U shaped float, as
shown in the attached cGnst-r-uctlon drawing. The revised structure
will occupy essentially the same "footprint" in the water and will
overall be a reduction in the actual square footage of the
structure.
Because the square footage will not increase, staff feels that the
revision falls within the guidelines of Section 22 quoted above, in
that the revision will not lessen the use of immediate water or
land areas.
Tony4=eum
Tidelands Administrator
STATE OF CALIFORNIA PETE WILSON, Governor
STATE LANDS COMMISSION
1807 13TH STREET
SACRAMENTO, CALIFORNIA 95814
(916) 322-7818
February 25, 1991
File Ref.: SD 91-02-19
G 09-02
Mr. Peter Swift
Swift Slip Dock & Pier- Builders
500 30th Street
Newport Beach, California 92663
Dear Mr Swift:
Subject: Proposed Modification of Existing Dock
for Macnab/Chesebro at 219 & 221 East Bayfront
Balboa Island, Orange County
The staf f of the State Lands Commission has received your
letter dated January 28, 1991 and attached drawing relative to the
above mentioned proposed project located in orange County.
The proposed project will extend waterward of the adjudicated
mean high tide line as set for in Superior Court Case No. 23692
onto lands of the State of California that the Legislature granted
in trust to the Citv of Newport Beach pursuant-, to Chapter 74
Statutes of 1978, and as subsequently amended. Therefore, you need
not apply to the State Lands Commission for project authorization.
You should, however, 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 its jurisdiction.
Please contact Amy M. Garibay, at (916) 322-7818, if you
require additional assistance.
cc:
Very truly yours,
LESLIE H. GRIMES, Deputy Chief
Division of Land Management
and Conservation
Amy Garibay
Bob Winn, City Manager
City of Newport Beach, City Hall
3300 Newport Boulevard
Newport Beach, CA 92663
STATE OF CALIFORNIA
PETE WILSON, Governor
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SANTA ANA REGION
6809 INDIANA AVENUE, SUITE 200
RIVERSIDE, CALIFORNIA 92506
PHONE: (7.14) 782-4130
February 13, 1991
Peter Swift, Agent
Swift Slip, Dock and Pier Builders
500 30th Street
Newport Beach, CA 92663
,RESIDENTIAL DOCK REVISION - 221 EAST BAYFRONT, BALBOA ISLAND,
ORANGE COUNTY
Dear Mr. Swift:
If standard construction methods and materials are utilized, this
project should not affect water quality. A
statement has been
.submitted that there will be no ef f ect on
the Least Terns or
-Eelgrass from this project, and there will be
no waste discharged
from the vessel (s) moored at this dock. Based
on these assurances,
clearance is provided.
Since�rely,
4Env
Anne Knigh�t, ronmental Specialist III
Regulations Sec 'ion
cc: City of Newport Beach - Tony Melum
AK(4) Macnab(Swift-agt).docrev
STUHLMULLER 'PR'O PERTY COMPANY
February 13, 1991
Mr. Pete Swift
Swift Slip Dock & Pier Builders
500 30th Street
Newport Beach, California 92663
Dear Mr. Swift:
Pursuant to your letter of February 2, 1991 and our phone conversation of this date, this
letter shall serve to register our objection to the proposed dock revision for the docks
located at 219-221 East Bayfront in the City of Newport Beach. It appears that the new
dock will extend between two (2) to three (3) feet (or possibly more) in the direction of our
Bulkhead Line.
As discussed, it is very tight under the current conditions and we certainly know that the
proposed revision will worsen the already tight spacing between our boat and the proposed
new dock configuration. This would be particularly true if a skiff or runabout were to be
tied on the east side of the new dock. While we would like to be good neighbors, we
cannot approve the revision if it were to extend beyond the existing dock.
Our problem stems largely from the need to have our craft all the way out at the can during
low tide in order to avoid stranding the craft during low tide conditions. As you know this
places the craft immediately adjacent to the the dock area with minimum clearance for tide
swings of the craft.
Please submit a new design to the city which does no extend further east than the existing
dock. This seems readily available via a reduction of the 14 foot width and the 13 foot
width of the new mooring areas.
Thank you for your consideration in communicating with us and please let me know if you
would like to discuss our concerns in greater detail.
Yours sincerely,
Rogger Stuhlmuller
cc: Larry and Martha Warlaumont ( 219 East Bayfront)
Mr. Tony Melum (Marine Department, Newport Beach)/
999 BAKER WAY
surrE 200
SAN MATEO, CALIFORNIA 9440-1
415.5-3.9200
FAX: 415.573.9815
STATE OF CALIFORNIA PETE WILSON. Governor
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SANTA ANA REGION
6809 INDIANA AVENUE, SUITE 200 -01,
RIVERSIDE, CALIFORNIA 92506
PHONE: (714) 782-4130
February 13, 1991
Peter Swift, Agent
Swift Slip, Dock and Pier Builders
500 30th Street
Newport Beach, CA 92663
RESIDENTIAL DOCK REVISION - 221 EAST BAYFRONT, BALBOA ISLAND,
ORANGE COUNTY
Dear Mr. Swift:
If standard construction methods and materials are utilized, this
project should not affect water quality. A statement has been
submitted that there will be no effect on the Least Terns or
Eelgrass from this project, and there will be no waste discharged
from the vessel (s) moored at this dock. Based on these assurances,
clearance is provided.,
Since -rely,
Anne Knight, Env ronme tal Specialist III
Regulations Section
cc:
Y'
AK(4) Macnab(Swift-agt).docrev
Gw5rNEWPORr
P R 0 P E R T I E S
January 28, 1991
Tony Mellum
City of Newport Beach
Marine Department
3300 Newport Blvd.
Newport Beach, Ca 92660
Dear Tony:
Regarding the transfer of the pier and slip
located between 219 and 221 East Bayfront and
owned jointly by the two property owners:
1. There is an anti -siphon device on the
water system.
2. We are making application for a permit
through Swift Slip to rebuild the existing pier
and docks. You should receive that application
within two weeks.
Please transfer the ownership of the dock
from the Estate of Louise V. Rose Allen to the
Chesebros without the repairs being made as they
will be completed with the new construction.
Thank 0
Martha Macnab
4 Civic Plaza, Suite 260, Newport Beach, CA 92660 Bus. (714) 644-1600 Res. (714) 640-7665 FAX (714) 644-1690
ADDRESS OF FACILITY-
BUYERs',JAME(S) S
PERMIT
44 11""'i w
2
1
'TELEPHONE NO-
CHEI,
DATE
MAILING ADDRESS
t, Valboo,
APPROVED BY: DATE
181Ant
ION IS HEREA ADE T 8 TRANSFER ARBOR. PERMIT
I
-1!t
for, . . . ..... .
OCHD
BUYERS' NAME(S)
(ABOVE NAMES TO BE:,TYPED1)
ENG
El
COUNCIL
�uyhx
SIGNATURE OF SELLER SIG NATURE OF B J
WORKSE]
I
PUBLIC
DEPT.
SIGNATURE OF SELLER SIGNATURE OF BUYER
ESCROW
INSPECTION
K
A
APPL A
�imlia COORDINATOR
IS REVOC ABLE BY THE CITY t.�ourtull- IN ACCORDANCE WITH TITLE 17
SPECIAL CONDITIONS! THIS PERMIT
OF THE MUNICIPAL CODE.
j
CITY OF NEWPORT BEACH, CALIF. WX FORM 66,100 RFV.
Please detach and retain this statement for your records. is incorrect. N 2 50685
The attached check is pav—,nt for the items described below. Please notify us immediatelv if this
anine - 4 Corporate Plaza - Newport b.ach CA 92660 - (714) 640-6040
[ARINERS ESCROW CORPORATION East mezz
285-00:
Escrow No.: 7187DM Funds due YOU
01/28/91
Property: 221 East Bayfront
Balboa Island, CA 92662
Lot: 20
Seller: George W. Collins
Buyer: D. W. Chesebro
Pier Transfer Fee
A -
BUYERS' PAME(SY ADDRESS OF FACILITY:
r to, mt PERMIT #
;5. J
f9l fia o-
MAILING ADDRESS tLEPHONE NO' FEE JCHECK�,I�'. DATE
Valbywa gal. g
APPROVED 'BY: DATE
T T
APPLICATION IS HEREBY MADE 0 ANS ER HARBOR PERMIT
OCHD El
A q,
o
Aill.
ENG
SELLERS' NAME(S) BUYERS' NAME(S)
(ABOVE NAMES TO BE -TYPED)
COUNCIL
PUBLIC WORKS El
DEPT.
SIGNATU - RE OF SELLER SIGNATURE OF BUYER
00 11*4
ES CROW
SIGNATURE OF SELLER SIGNATURE OF BUYER
INSPECTION
N
t
APPLid �U)A
11 E)
F-1
CITY HARBOR COORDINATOR
SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17
OF THE MUNICIPAL CODE.
CITY OF NEWPORT BEACH, CALIF. WXFORM 00-1013,RKV.
f
6
STATUS SHEET
HARBOR PERMITS
TRANSFER
......-..LOCATION
7: 7�.,
Seller
Date Application Rec'v:' Date Fee Rec Y:
Oral Request for -Inspection
Escrow Date
Escrow Officer�;,;,, P,
Escrow 2/z
/-1/0 _41" Date Inspection Made
Date. Deficiency Letter Sent (if appli cable)
Date Deficiency Corrected (if applicable)
Date Orange County Notified (if applicable)
Date Transfer Completed
1. Location:
2. Plumbing:,
3.
4. Structural:
REMARKS:
inspector's Initials
Nzwpoer
dx.4cAl
pry.
0
A,
cl%
Boom&,
fc-
0 Ab V44 mac
ce-V
I
SV".#
VICIMITY SRETCH C."o
Newivowr 0AY, Coulfrosawlft
P L E
Swndongs a.-*
olvp-ohs be/ow 4?W007 Lower Zow Mooddop.
ponpir cp-4, He& /0 114,PO4. porhoe
are eviabItsheal /;p -1h;s Seeboop -0vovcwpdw/ 'acy'r.
let
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CoA.,7wAcroAr get W -j
Agenda Item --F.12.(b)
CITY OF NEWPORT BEACH
Marine Department
October 22, 1990
TO,: MAYOR AND CITY COUNCIL
FROM*. Marine Department
SUBJECT: HARBOR PERMIT 153-219 BY GEORGE W. COLLINS,
EXECUTOR OF ESTATE OF LOUISE ALLEN, TO TRANSFER
HARBOR PERMIT BAYWARD OF 219 AND 221 EAST BAY FRONT
Recommendation:
If desired, allow transfer of the Harbor Permit.
Discussion:
This application is before the City Council as required by Section
28 of the Harbor Permit Policies, which states:
28. "ENCROACHING PIERS AND FLOATS
In areas where existing piers and floats encroach in
front of abutting upland property owned by others, a
new permit,approved by the City Council, shall be
required upon (3) Any change of existing ownership of
the abutting upland property owned by the permittee
upon the death of the permittee.11*
The harbor permittee for the property at 221 East Bay Front, Louise
Allen, passed away in January 1989. *The executor of her estate,
George W. Collins, wishes to have the Harbor Permit transferred
into his name as "Executor of the Estate of Louise Allenif, so that
upon the sale of the upland property the permit can be transferred
to the new owner.
The pier, as currently configured, is on the common property line
between 219 and 221 East -Bay Front. Off the pier are two single
finger floats, one in front of .219 and one in front of 221 East
Bay. Because the pier straddles the property line, it is brought
under the purview of Section 28, quoted above. Transfer therefore
requires council approval. The adjacent (joint) permittee at 219
East Bay Front has been notified of this matter and will be
required to sign the transfer application prior to transfer of the
permit.
Tony Melum, Tidelands Administrator
P
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
oftw
0 FEZ
c Uber 4, 1990
Dennis Mullen
Suite 300
520 Broadway
Sant Monica, CA 90401
Re: 221,:East Bay Front
Dear' Mr. Mullen:
on 9/5/90 we inspected the structure at this address prior to the
transf er of the Harbor Permit. For your inf ormatIon I enclose a
status sheet based on that inspection. Basically therewere some
minor electrical and dry rot problems.
e
Because this structure encroaches across adj�acent properties it is
necessary for transfer approval to come from the City Council. We
are,tentatively planning on taking this application to the City
Council meeting of October 22, and will recommend transfer. Prior
to that meeting we will need your check for $275 and the attached
transfer card, completed, and signed by the buyer, the seller, and
the joint permittee.
if you have questions regarding the above please call me at 644-
3044.
S incerely,
I - —,-�
Tony Mel
Tidelands Administrator
3300 Newport Boulevard, Newport Beach
ication Re V:.- Date Fee Rec'v:
Date Appi
Oral Request for -Inspection
Da. te
Escrow
Escrow
Escrow :Off i Cer
6�-25/-�?t,bate Inspection Made
Dat* Deficiency Letter Sent (if appli 1. cable)
Date Deficiency Corrected (if applicable)
Date Orange County Notified (if applicable)
Date Transfer Completed
1. Location: -
2. Plumbing:—&L
3.
96/1
4.
REMARKS:
inspector's InitialS
09/11/90 12: 07 '&213394932,1--, MALONEY & MULLEN 003
-SEP 07 `90 1�0'.37(. (714) 673--07 P.2
Recordlu.9 requestbcl by and
when, recorded mail to*.
James C. Persou, Jr -
507 -29th Street
Suite
yevpor;t Beach* C�L 92663
f6r re'.
Space e this line
CoMmoa RMIDMIk-L.' -ER- kGR9KKZNT
THis A.GRZzMENT I$ YADY this day of SePtemberi,
1990' by and.bet;iean MARTBA Mk6fqjr, herpinafter referred:
V
to
*M&CX"'I" aud the EsVa[td-af Lou_l�se V. Rolse Ali.en
S so: -
o as "ALLEX" "who ;agree as follow
referred t
WHERRAZY MAC -NAB is tbe. ovne,� of !aertain real pro--
FAst tay rron't, Balboa-lsland'26
perty loc-ated ' at 219
tioularly oescribed in Rl±�iblt
Cal'ifornia, more par I made a part hereof bs,
which -is attached hereto- and
reference: =d
-of real pro-,
owner
WBEREks Is- the, ' ertiain -
perty 2:00ated at. 22:L Best Ba:y Front# Balb*�L Island,
California. -more partioular ly .4eacribe-4. in Exhibit "B",
and made- a part hereof by
which is attaohed hereto
reference: and
VM, Fkg, tjae properties of- y4m" and -ALLEX,are
adjoining properties, havilig 00=0-n bo=dary lines; and:
a residential pier'. f<Xr: the. docking
ed bayward of- ,the parties, respective.
is locat forlm of T,�hjch
residen�tial progertles, t7ae pior audjplat
is -bisected by the respect;Lvel property lines of tbe
said resideutialpler is mOte fu2ly.described
parties* teohed hereto, marked Exhibit
:Ln the dra-wimg Which is at
and made a Part hareOf by. -reference.
VE123LS, heretofore* the rlghts,.hutles wud obliga-
tione, of the parties with �res-P:a-ct to the enlOyme-nt.' use.
maintenaMCe sad other aspects of-saia residential, Dieri
rMally,.withoixt the benefit' of
liave been undorsitood info and
oordable under standing,
a formal written and re
WHEREAS, It Is the desire- of the 'parties to set
e =d obligatioup-
forth their reagectlVe- rigbLts,-. dVtl
-with respect to the enJO-MOnt,
oth&r aspects of seld resjidential P�Ler in a formal
recordable msxm-er -which is intended to!,run Vith the
so IGn.g �as the 'residential 'pl6r. 19 in placet
09/11/90 12: 07 021339493213_� MALONEY &.MULLEN 2004
SEP, 07 11.90 10*.38 (714) 673--&� P.3
MCkW, THEREFORE, for good and valuable consideration
receipt or which is hereby acknowledged* and the MUULal
cove3ignts and agreemeLts herein- contained, the parties
hereto do hereb-y agree for themselves, their respectiVe
heirs,'and a-uSlgaS ZS f0110VS'
-NfkCNAB and ALLEN are 00 -owners of an undivided
i'tarest ill aud to ail tlxe rights and
one-half (112) 71 private ownership in and tG the
propertY caPable Of the pier,
existing said residential pier Imoluding -utility
I
platfor=�, pilings attacaed to said Platform, and
lines, exclusIve of the r=ps.aad floats and attachad
pilings, each of,44io'h Sre sOlelY on on* or the other
party's property, and, as to such ramps and floats, each.
espeotive party over which
shall 'belong SO101Y to th6 r jig main-
waoh exists. Financial responsibility cOncerul
ten,ance and care of s-ach solely ovued portion shall be
the responsibility of Sueh paxty, altZough each party
agrees to 001mPlY v-1th the terms and conditions Of this
-aareement with re'sPect to all rights, duti6S and obliga-
ntained. herein . As to the portion$ over which
tions 00
there is oommon ovnershipo each party shall have u0laex-
al-usive xllghtto,use the same, subject to the right to
exclasive use hereinafter stated -as Well as the Other
mandatory Provisions of this agreement. mkCNAR and AMLEN
wIll each cobpePat& in obtaining perrdts frOm aP-
1�roprlate authorities to. reflect that the rights refer-
red' to - herein ara. co-ovmad
g. For the purpose of using, enjoyinst maintain
ivg or repairing said, residential pier as may be herein
provIded, 'each partY is licensed by the Othe? to e:ater
-upon the.other parties Premises . to -t'ae extent necessary
to ezerciSe tO rights Provided i -n. this Agreeikent.
The residentleLl piert 'Whether original, -recon-
struct6d, or restoredo Or =Y extension or additi= tO
the same. sh�Lll be In a good, . subst�Emtjal,'and workman -
11k6 in.strfct con-formiTY v1th the 29LVS* Or -
of Newport Beach
dinances and' regulatlotLs Of the City
f California r'egalatimg the constrructioll
=d the State -0 . onformity vith Vhat is considered
.of S-Uch Piers -and in a
to be '"good donstructi=*t V-1thin tbe industry Vh1ch
builds such resIdeatial piers. It Is mutuall-V agree * d
that tha residential'Pier is in satisfactory condition
at thIs - time alt)'Dugh it is 6.oknowledgad that,dredgizg
I's necessary azid tl�e condition O:r t1ae ramp and float On
the A.1len side or th& Pier is in need of MairLteu8Ace-
hereto shall make or suffer any
4. Xeither party
use of sa,d facilities in violation of law. To the
extelat permitted by law, froat and side tie sPaOe ma -V .13Le
2
09/11/90 12: 08 '&21339493,23- MALONEY & MULLEN
SEP 07 '90 10:39 (714) 673-07i, P.4
"Meed by the partv owning the respe'etive float or rexited
the respe6tiv& OVaer.
to otlier's, at.the discretion Of
owns a= uio�divided oixe haif (112),
5. Each party "middle
interest JVL and to -tiae slip betWeen the
03.ipiv), Said 'middle slip may,be used by 01ther party as
agread 71pon by the Parties.- from tiZ& tO time- in the
arty utilizes g;uoh aiddle sliPp said -slip
event neither p
st reated to a thi
may be, rd party as permitted by law and.
each of.the paxties shal1sPlit-- evenly, the proceeds -of
such rental. In the event OlLe of the parties is *atiliz-
Ing such middle - sliP9 thc.,- party. so lzsing said sT . ip shall
pay to the other party one of, then, aarrent
t for such a slip within Newport garbor.
fair market ren 'of the
In the event there is ajjy dispute as to any
provisions colitaJued herein, t1je parties shall arbitrate
suab- d1spu'te as set forth heretn. Parther., t1le Ar-
bitrator shall, at S'Mch 'time, i -moose a permaaent per -
't -ach
pe=S:L schedule of -use and Payment so �hat
al�bjtration beoomes necessary in."ths future.
&Ctivi-ties" s�ach as ehartering and
the like, sh4�11,not be oonducted from the re . 2 . idential
pier. facilitY.
7. yei-ther party, -nOr their tenan-LS or g1jests who,
may be utilizing either side of the residentlal pier or
slip sh&ll JrLterfere vith thi�.qaiet eUJOYment of the
otlier side of the 'Pier or slip or of the res. idential
us,gs jandWard of the residential pier. To this exteut-
any ta=mt Or glaest which is Ut1l1Z'ng eitj%er side of
the pier' or ZliP Shall not be permitted to liv-e aboard a
vessel. Furthermore.-tellants Or guGsts Of either party
sh,s1l lye duly notified of thO rights of qaiet eUJOYZett
granted und6r this agPeement in tilLe event
tenant ContinUOS to disturb the q-uist enjoyment of
either of the parties to this Agreement or their terl"-ts
or-Viests t.o either the residential pier or the residen-
tial premises, then and In -th$�t event the.00n�pjsLlning
pa,r_ty. may give notioe to tho other party and demand
a bltratio�a-00ucernillg thO continued use of the'residen-
r
tial pie. -r by -t'he :Lndividual complained of
the navare of the Agreement, the parties "hereto shall
cooperate vith.each Other to the f-allest extent possible
nflicts- Any te7aant shall'be
in order'to minimize 00' :L,
rpquired to provide insm-rance-holding the part es heriDtd
harmlear. from any 'and all alal=S or action S.
Said residential pier shall be painted =d
Cjncl�adlng rep -lacing -upan destrixetion) tQ
coufarm to recommendations by 'the Marine Department of
the city of xewport Beach or other authority with J-arls-
3
09/14/90 12: 08 V2133.94932 - 3 MALONEY & MULLEN
SEP 07 '90 10--40 C714)'673_07 -e,
I P-5
dictioa Over the boat facility- The area in an4ci aro=d
-the float shall be dredged when required to accommodate
Ing the floatupon. obtain—
..the :tjoats and/or the boats Us
ing the req�uired permit$. The exPens8 Of the*foregoln'g
Shall be borne bne-half (1/2),by each.party. XAch PaPtY
shall promptlY. repair at h:fs expense da=age caused by
his negligence or other fa -alt, reasonable wear and tear
e-zeepted, to the extexLt not covered by insurance. Im-
pilovements shall not be installed except With the Writ -
tell, signed consent of both parties; provided that'at
IT
his 0-wa either party may,install =de iround telephone
lines or television cable for, use of his boot. SU h
lines and cables shall be agmed by the party installing
9. The pgtrties her-etQ eAcb agree tO me-i-ntaln
liability S-nsurance for the use of the resident-tal"pier
in- question- It is 0outemplated that s-ach liability'
insu-ance shall be i:a coAJU-actiOn W:Ltll the la=eOVnel-* --
lia-pilit-v policy on. the prem1bes Of the respective
of the llabilltY fOr eact Party Shall'
party..The limits the amount of not less thsn one -
at - this time, be in
Million Ddl,aRp ($I*-oa0,Go0.00) and each party shall, on
their re5p-�-,ctive Policy of liability insurance, name the
other part as an addltlonal insured. The parties shallt
every two y (2) years fromi -the date of this Agreement,
of liability insurance provided
review the amOunt;s It.sucl, time, they shall
laursuant to this Agreement. , In the
adjust.the liability ilLsurane-e-, -if neoessary.
e, -vent � there� is -a controvers:7 eoncerning the.liability
insur�m,ce f --overage, the parties JleretO shall submit the
matter to arbitratiOn as thereinafter pro-olded. In the
house. ten=t is not - insurable under a party:s
event a en emd in that event the
standard.homeowners poliCY, th --
tenant must maintain sUcrh insurance and nq=e etLch party
as an additional Ins-ured, with minim= liMits Of On&
million ($1,00o,,00a.00) dollars.
jo. j.:lectrjcj,*L*y for the pier facility and'boat -use
is metered to 219 E. Bay Front. FrOGh water is metered
to S21 E. Bay -Front. To the extent possib ' le, the parties
hereto agree to bear costs of xueh water *.nd electricitY
equally:, however, it is reco&�aized that determining Same
Ize that electricitY
may be difficult. The parties recogn--
i's generallY mOr* 6jrpensive than vater and that the
Installati6r,* of separate meters may ba necassarY in the
f -at -are. in.whicil cages both parties shall bear the cost
equallY.
11. Each party shall have an equal voice in tae
manage-ment and control of the residen-LIOA PieP facility -
4
0013
09/11/90 12:09 222133949323 MALONEY & MULLEN
5�'P 07 '90 10:41 (714) .673-f -',4
12. k1l ' boats are. reguired to be registered :eLad
must I-Omply vith applicable fire and safety regizIations.
'yo ma3or ''boat re airs are.tO be made on the dock bY One
P the other party'
party -witho-at the express consent of
nNajor boat repairs" shall -be defined as the type of
repairs which are normally- performed in boat yar.ds, suel�
aa strnatur�il repairs or theramovel and rebuilding of
large engi�ftes. There,shp-11 be no storage or personal
property i -n aixd about the residential pier other than
lines,.fenders, etc. which iiecessary for vessel mooring
and 'iLandling. Dock lockers ara acceptable for storage.,
the size and ' location of Vh-ldh shall be reasonable 1A
relation' to tbLe size of the residentlal pier.
Is_ Each party agreot, to hold and maimtein thO
other part:y free a -ad harmless from emV injiLrieu, dam-
ages, claims or suites resulting from any acts df negli-
gence or other acts on the residen.tial pier committed by
such.party agreeing to hold and defend the other party
harmless.
14. Vh11a live aboards are not contemplated -under
tile terms of this Agreement, o0castoxial veekemd'VlSitS
of vess6is shall not be considered as violative af this
_kg_eemeat s rong as such, actions do not disturb 'the
quiet enjoyment of the of -her parties rights under this
Agr&ement or ot'' the qniat enjoYment of the-premiseS
VbLjott are jandward'of the residential pier and 'do not
eveead's period o:r seventy tVO (712). hou_rs.
15. If it shall become necessary to repaIr or
rebuild the residential'PiCr- or -any portlon th.ereOf as
constructed, the cost of such repairing or -rebuilding,
including p=lLual majutenaUce such as painting, shall be
at the expense of both parties in equal shares. In the
event of any emergenciu5 requiring i-mmodiate attention,
eivier party mttff, authOrlze Ou ' Ob_'r9PSiPS- 3� 10'Wev" 0 f dr
any.expenses over $600.00, the consent of both parties
will be required., to , =derta&e such repairs or =in-
tenance. In the event a disagreemetnt arises as tO re-
pairs which -are 1�n excesS Of'$500'900, tl2e parties hereto
agree to sub]njt the matter to arbitration as hereinafter
set forth*
In the 6veat the residential pier is wholly� or
16.
partially destroyed.by fire or other cause,,the Parties
bereto, their successors, heirs, or assjgng� shall he
obl.1gated to rec'onstruot the same and eac'h of the par-
ti-eig shall, bea-r -the -exper�ses therefore.
17. This Agreement Shall be perpetual �Lnd the-
te]�M$ of this Agreem.ant shall be , lilcorporat&d ITItO a
S
IM 007
I
09/11/90 12: 10 %P21339491323 MALONEY & MULLEN 2008
SEP 07 1130 i0'z4j. (714) 6n-�
restrictive cov�e:hant ru=ing v-jtja the land; provided,
however, nothing herein coAtained shall be -construed as
a aouveyance -by ei-ther party of his r-espec-tive rights in
the fee of, th6- land upon which the residential pler
shall be attached. This igreement shall be recorded by
the parties hereto.
18. This lnstrument'e.ontainS thO entire Agreement
between the parties relating to the rights herein gran-
ted and the obligations lierela,assumed. Any oral repre-
sentations or modifications cancerning this instrument
shall be of no force and uTfrvL a aubooq�iant
miDdification in writing, signed by the party to be
charged.
19. in the event of �my controversy, claim, or
dispute between. the parties hereto, arising o7at of or
relating to this Agreemant or quy breaeh thereof , the
pr6valling party shall be entitled to recover from the
losing party reasomable expenzeiE;, a-t-torney's fees and
costs.
2o. Any dispute hereunder shall be subm-Itted to
arbitration pltr$Uant tO the California Arbitratlou Xot.
The declsioA of sixch Arbitrator shall be fl_�xal and
binding -
21. This Agr.eement shall - bind and inure . to the
bonef it of the rei�pective heirs, personal represents-
tjv6s, saccessors and assigns of the parties -hereto.
IN WITNESS VB3P.ZOF. the - partles Taere�to.- hav6 ex-
eauted thIs -Common Resideatial Pier'A.Zreement on the day
anci the year first above written at Newport Baaach,
Califorala.
ilz A- 0
BY
State of California ss.
Ooun'ty of Orange
on tjils day of September. 1990, before me -
Th__e undersigned Not,ary kmblic, Per--
09/11/90 12:10 V2133949323 MALONEY & MULLEN
.SEP O'� 90 10:42 (714) 673-0774�
Sonally appeared Ml MkCNAB v prdve,d to me on tj2e
baiiia of satjs±'actorv-ev1den*ce to be the person whose
-bed tO -the V_j th I _n jnstrum�ent, and ack-
-riame -is s-ubscri
uovjedgad that she exec-ated�same.
ry ftblic
(Notary Seal)
State�of'Callfornla
County of 'Oran, -,--
on this day__Pf September. 1990, before
the undersigned Votary Poliel-
i.,pprsonally
-Proved,to me on-the-basIS of satisfactory evidence to be
+,o the within In-
the'Persoa whose name, is subteribed
I stiiiment, and acknowl edged. that he exe=ted saine.
1fo-tary PublIc
",--(Notary S-ev�l)
7.
I
MALONEY & MILT11,11,EN
ATTORNEYS AT LAW
SUITE 300
520 BROADWAY
SANTA MONICA, CALIFORNIA 00401
(213) 393-0175
FAX (213) 394-9323
July 27, 1990
Mr. Tony Melum
Marine Department
City of Newport Beach
3200 Newport Boulevard
Newport Beach, CA 92663
File No. 10022.1
Re: 321 East Bay Front, Balboa Island
(Lot 20); Request for Pier Permit Transfer
Dear Mr. Melum:
Thank you for the tremendous amount of time you spent
speaking with me on July 25, 1990 in regard to the ownership of
the pier and floats to the above property.
As I explained to you, that pier and floats are along the
prolongation of the common boundary between Lot 19 and Lot 20 of
Tract 5, Section 5, on Balboa Island. The owner of Lot 20 from
1956 to his death was Roy Allen. Upon his death Mr. Allen left
the majority of his estate, including 221 East Bay Front, to his
acknowledged daughter, Louise V. Rose Allen.
Unfortunately, Louise Allen died in January of 1989 and I
now represent the Executor of her estate, George W. Collins. As
part of the administration and closing of the estate, it is our
intention to sell the real property located at 221 East Bay
Front, Balboa Island, as well as an undivided one-half interest
in and to the pier and floats that exist on the boundary line
between Lots 19 and 20.
Therefore, it is hereby requested that the City of Newport
Beach issue to Louise V. Rose Allen and/or to her Executor,
George W. Collins, a Pier Transfer Permit to the pier and floats
located on the common boundary line of the property.
In our telephone conversation I explained to you the history
of what I discovered in regard to the ownership of that property
and stated to you that I would send certain documentation to you
in that regard. Please find enclosed herewith Exhibits A through
N with an index identifying each enclosure marked as an exhibit.
COL\01\LO10.COL
MALONEY & MTJLLEN
ATTORNEYS AT LAW
Mr. Tony Melum
July 27, 1990
Page 2
It would also be greatly appreciated if you could pull for
me any files you have for Permit numbers A-107, A-550 and A-850
which, I believe, cover Lots 18, 19 and 20 of Section 5, Tract 5,
of Balboa Island.
Enclosed herewith are Exhibits M and N, respectively,
setting forth my understanding of the transactions in regard to
the ownership of the properties and the permits issued for Lots
18, 19 and 20 in regard to this pier, and a narrative chronology
thereof.
It is hoped that you would be able to provide us with a
photocopy of the following:
1. Permit issued by the City of Newport Beach on June 30,
1955 to Harry Brown in regard to this pier.
2. Permit issued by the City of Newport Beach on March 2,
1956 to Harry Brown and Roy Allen in regard to the
ownership of this pier.
3. Any and all other permits or permit transfers that
exist on the pier subsequent to May 31, 1966.
I apologize to you for the volume of the enclosures but
wanted you to have the benefit of my research as well in hopes
that it might assist you in your assisting us. It is my intent
to be in Newport Beach on Thursday, August 2, 1990, and I shall
call you before then, hopefully to set up a meeting so that you
and I might discuss this in person and I can review the files you
are able to obtain by that date.
Let me thank you in advance for the courtesy and cooperation
I am sure you will extend to me in resolving this matter.
Very truly yours,
MR MULLEN
rv)
Dennis M. Mu len
For the Firm
DMM/jga
Encls.
cc: George Collins, Esq.
C0L\01\L010.00L
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DENNIS M. MULLEN, ESQ. F I L E D
MALONEY & MULLEN
520 Broadway, Suite 300 J U tj 1990
Santa Monica, California 90401
(213) 393-0175 GARY L. GRANVILLE nty Clerk
L,
Attorneys for Contestant GEORGE W. COLLINS,Bv 01;PUTY
Executor of the Will.of LOUISE V. ROSE ALLEN
Dated January 21, 1982, and. of the First Codicil
Thereto, Dated October 18, 1983
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE
In Re the Estate of:
LOUISE V. ROSE ALLEN aka
LOUISE V. ALLEN,
Decedent,
GEORGE W. COLLINS, et al.,
Contestantsf
VS.
MARK SLATTERY, et al.,
Respondents.
CASE NO. A 146709
JUDGMENT PURSUANT
TO STIPULATION
(Probate Code § 8254)
Contestants George W. Collins, Alan C. Dadami, Elsie Hester
McAdams, Lorraine Fagerstrom, Jimmy D. English and Judith M.
Tegeler Brunner, and Respondent Mark Slattery, having entered
into a stipulation for entry -of judgment in writing before The
Honorable Bruce W. Sumner, Retired, Referee appointed pursuant to
Section 638 of the California Code of Civil Procedure, to
supervise, accept and approve any settlement arrived at between
C0L\01\JDS_C0L
DMM\iqa\05/24/90 9:53am
—1— EXHIBIT 0
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the parties, which said stipulation has been filed in the above -
captioned matter with this court, and which order appointing The
Honorable Bruce W. Sumner as Referee has been filed with this
court and The Honorable Bruce W. Sumner having filed report of
referee with this court, and good cause appearing therefore;
IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
1. The document filed herein, dated January 21, 1982, is
admitted to probate as the last Will of the decedent.
2. The document filed herein dated October 19, 1983, is
admitted to probate as a Codicil to the last Will of the
decedent.
3. The document filed herein dated either June 21 or
June 27, 1984, purporting to be a Codicil to the last Will of
decedent, is rejected and -denied probate.
4. The document filed herein dated June 22, 1984
purporting to be a Codicil to the last Will of decedent dated
January 21, 1982, is rejected and denied probate.
5.. The document filed herein dated August 3, 1984,
purporting to be a Codicil to' the last Will of decedent dated
January 21, 1982, is rejected and denied probate.
6. The document filed.herein dated March 21 1985,
purporting to be the last Will of decedent, is rejected and
denied probate.
7. George W. Collins is appointed Executor of the Will of
the decedent, and Letters Testamentary issued to him on taking
the oath required by law, without bond, the Will so providing.
8. Contestants and Respondents shall each bear their own
C0L\01\J0S.00L -2 -
nmm*, i—\n� /?4 /On -�-40�
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respective costs.
APPROVED AS TO FORM AND CONTENT:
MALONEY & MULLEN
By_
DENNIS M. MULLEN
Attorneys for Contestants
LAW OFFICES OF J. CRANOR RICHTER
>By
RANPR-RICHTER
to for Respondent -_s_
WESTOVER & MATTHEWS
By r . .........
HARRY E. WESIOVE
Attorneys fot Lura Otto
Scoville, Special Administrator
Dated: JUN - 5 1990
COL\01\JDS.COL -3-
DMM\jga\05/24/90 9:53am
JAME8 A. JACKMAN
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15;-- , &-, , 1,
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of
California. I am over the age of 18 and not a party to the
within action. My business address is 520 South Broadway, suite
300, Santa Monica, California 90401.
On June6 , 1990, 1 served the foregoing document described
as NOTICE OF APPOINTMENT OF REFEREE PURSUANT TO C.C.P. § 638;
NOTICEOF FILING OF REFEREEIS REPORT; NOTICE OF ENTRY OF JUDGMENT
PURSUANT TO STIPULATION; AND NOTICE OF APPOINTMENT OF GEORGE W.
COLLINS AS EXECUTOR WITH LETTERS TESTAMENTARY ISSUED THERETO on
the interested parties in this action
[X] by placing true copies thereof enclosed in sealed envelopes
addressed as stated on the attached mailing list:
by placing [ ] the original [X] true copies thereof enclosed
in a sealed envelope addressed as follows:
[X] (BY MAIL)
[ ] I deposited such envelope in the mail at Santa Monica,
California.
(X] As follows: I am "readily familiar" with the firm's
practice of collection and processing correspondence for mailing.
Under that practice it would be deposited with the U.S. Postal
Service on that same day with postage thereon fully prepaid at
Santa Monica, California, in.the ordinary course of business. I
am aware that on motion of the party served, service is presumed
invalid if postal cancellation date or postage meter date is more
than one day after date of deposit.
I I
1XI
(BY TELECOPIER) In addition to service by mail.as set forth
above., the counsel by whose name an asterisk appears were
also forwarded a copy of said document(s) by telec-opier.
(BY PERSONAL SERVICE) I delivered such envelope by hand to
the offices of the addressee.
(STATE) I declare under penalty of perjury that the above is
true and correct.
Executed on June 1990 at Santa Monica, California.
C0LJ1\N0T01.00L -3-
DMM�Jga\06/06/90
a...4- tj.�
JLI�A Anderson
ATTORNEY OR PARTY WITHOUT Al . TORNEY W.— nd Add—SI:
—Dennis M. Mullen
TELEPHONE NO.
(213) 393-0175
FOR COURT USE OfVl Y
Maloney & Mullen
520 Broadway, Suite 300
Santa Monica, CA 90401
L yj
ATTORNEY FOR W el: Executor
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
STREET ADDRESS: 700 Civic Center
Drive West
MAILING ADDRESS: Same
NVILLE, CO
CITY AND ZIP CODE: Santa Ana, California
92701
GARY L. GR
BRANCH NAME:
By
ESTATE OF (NAME):
LOUISE V. ROSE ALLEN
DECEDENT
LETTERS
CASE NUMBER:
TESTAMENTARY
OF ADMINISTRATION
A 146709
OF ADMINISTRATION WITH WILL ANNEXED
SPECIAL ADMINISTRATION
LETTERS
1. [jj The last will of the decedent named above having
been proved, the court appoints (name):
GEORGE W. COLLINS
a. Executor
b. Administrator with will annexed
2. The court appoints (name):
a. Administrator of the decedent's estate
b. Special administrator of decedent's estate
(1) = with the special powers specified
in the Order for Probate
(2)F7with the powers of a general
administrator
3. The personal representative is authorized to admin-
ister the estate under the Independent Administra-
tion of Estates Act 0 with full authority
= with limited authority (no authority, without
court supervision, to (1) sell or exchange real proper-
ty or (2) grant an option to purchase real property or
(3) borrow money with the loan secured by an
encumbrance upon real property).
WITNESS, clerk of the court, with seal of the court affixed.
Date: i i i ti n A iq_qn
leputy
)N
AFFIRMATION
1. = PUBLIC ADMINISTRATOR: No affirmation required
(Prob. Code, § 1140(b)).
2. RXI INDIVIDUAL: I solemnly affirm that I will perform the
duties of personal representative according to law.
3. = INSTITUTIONAL FIDUCIARY (name):
I solemnly affirm that the institution will perform the
duties of personal representative according to law.
I makethis affirmation formyself asan individualand
on behalf of the institution as an officer.
(Name and title):
4. Executed on (date): May 29, 1990
at tplace): Santa Monica California.
A0_
U IWUNATURE)
CERTIFICATION
I certify that this document is a correct copy of the original on
file in my office and the letters issued the personal representative
appointed above have not been revoked, annulled, or set aside,
and are still in full force and effect.
(SEAL�ellfl"'
�I ASVT C
0
x
§ r4 t
0A
JUN 06 1990
Date:GAR"if L. GRANVILLE
Clerk, by
�6EPUTYI
1 CARSON
Form Approved by the Probate Code. § § 463, 465, 501, 502. 540
Judicial Council of California 201 LETTERS Code of Civil Procedure, § 2015.6
DE -150 lRev. July 1. 19881 (Proh;�it-1
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COL\
DMM\
DENNIS M. MULLEN, ESQ.
MALONEY & MULLEN
520 Broadway, Suite 300
Santa Monica, California 90401
(213) 393-0175
Attorneys for Contestant GEORGE W. COLLINS,
Executor of the Will of LOUISE V. ROSE ALLEN
Dated January 21, 1982, and of the First Codicil
Thereto, Dated October 18, 1983
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE
In Re the Estate of:
LOUISE V. ROSE ALLEN aka
LOUISE V. ALLEN,
Decedentf
GEORGE W. COLLINS, et al.,
Contestants,
VS.
MARK SLATTERY, et al.,
Respondents.
CASE NO. A 146709
ORDER GRANTING AUTHORITY
TO ADMINISTER ESTATE
WITHOUT COURT SUPERVISION
(Prob.Code §§ 10400-10600)
The Petition of GEORGE W. COLLINS, Executor, for an order
granting full authority to administer the estate of Louise V.
Rose Allen, deceased, without court supervision under the
Independent Administration of Estates Act, came on regularly to
be heard on this date. Notice of the time and place of the
hearing was given as required by Probate Code Section 10451.
special notice was given to Jean Blackburn as requested. Proof
was made to the satisfaction of the court that the allegations of
�1\ORD-PET.COL
ga\06/06/90 9:20am
M -W
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(e -c '� (ec
the petition are true, and that no objecting party has appeared
and shown good cause why such authority should not be granted.
The court grants the petition as follows:
IT IS ORDERED that the petition for full authority to
administer the Estate of Louise V. Rose Allen, deceased, without
court supervision under the provisions of the Independent
Administration of Estates Act is hereby granted to GEORGE W.
COLLINS, Executor.
Dated:
COL11\ORD-PET-COL -2-
D ga\06/06190 9:ZOam
JUDGE OF THE SUPERIOR COURT
CHRONOLOGY OF OWNERSHIP
OF LOTS 18, 19 AND 20
1. Lot 18's common address is 215 East Bay Front, Lot 19's
common address is 219 East Bay Front, and Lot 20's common
address is 221 East Bay Front.
2. Legal description of lot 20 is as follows:
Lot 20, Block 5, Section 5, Balboa Island, in
the City of Newport Beach, County of orange,
State of California, as per Map recorded in
Book 8, Page 9 of Miscellaneous Maps, in the
office of the County Recorder of said county.
CHRONOLOGY
1. Lots 18, 19 and 20 were originally owned by William E. and
Erma M. Lachenmyer at least as far back as 1940.
2. On January 24, 1941, the City of Newport Beach issued a
permit to William and Erma Lachenmyer, Permit Nos. A-107, A-
550 and A-850, to construct a pier and floats along the
common boundary line of Lots 19 and 20 (Exhibit A). Said
pier and floats are constructed pursuant to said permit by
Lachenmyer.
3. In November 1950, Lachenmyer sells Lot 18 to Frank and Jean
Richmond and gives to the Richmonds a Bill of Sale for an
undivided one-third interest in and to the pier and floats
(Exhibit B).
4. In or about June of 1955, the Lachenmyers sell Lot 19 to
Harry Brown and give Harry Brown a Bill of Sale (do not
have) conveying to Harry Brown a one-third or one-half
interest in and to the pier and floats.
5. On June 30, 1955, the City of Newport Beach issues a Pier
Permit to Harry Brown (reference page 504 of the court
decision in Holloman v. Richmond (1964) 228 Cal.App.2d 501,
Exhibit C).
6. On March 2, 1956, the City of Newport Beach issues Pier
Permit A-550 to Harry Brown showing an undivided one-half
interest in and to the pier and floats in Harry Brown, and
an undivided interest in and to the pier and floats to Roy
Allen. We do not have a copy of this permit, but reference
Exhibit D.
COL\01\CHRONO.COL
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7. In March of 1956, the Lachenmyers sell Lot 20 and a one-
third or one-half interest in and to the pier and floats to
Roy Allen. We have a copy of the Allen Grant Deed but not a
copy of any Bill of Sale from Lachenmyer to Allen. Exhibit
H is a copy of the Grant Deed.
8. On December 11, 1961, the City of Newport Beach issues a
Pier Permit No. A-850 to Joe Holloman (Lot 19) for an
undivided one-half interest in and to the pier and floats to
Roy Allen (Lot 20). (Exhibits D and E.)
9. In or about 1960, Harry Brown sells Lot 19 and a one-third
or one-half interest in and to the pier and floats to
Holloman. On January 23, 1961, Joe B. Holloman sues Frank
Richmond, Roy Allen and the City of Newport Beach to quiet
title to the pier and floats, claiming that he, Holloman,
owns an undivided one-half interest in and to the pier and
floats and that Roy Allen owns the other undivided one-half
interest in and to the pier and floats. The trial court
ruled that the pier and floats were owned an undivided one-
third interest to each Holloman, Richmond and Allen.
Holloman appealed this trial court decision.
10. On July 17, 1964, the District Court of Appeal of the State
of California, Fourth District, affirmed the trial court's
decision in Holloman v. Richmond (1964) 228 Cal.App.2d 501,
and ruled that Joe B. Holloman, Frank Richmond and Roy Allen
each owned an undivided one-third interest in the pier and
float (Exhibit F�.
11. On May 31, 1966, Frank and Jean Richmond, by Bill of Sale,
sell their undivided one-third interest in and to the pier
and floats to Holloman and Allen (Exhibit G). Holloman and
Allen at this point now each own an undivided one-half
interest in and to the pier and floats.
12. Roy Allen (Lot 20) dies in 1968 and his acknowledged
daughter, Louise V. Rose Allen, inherits and becomes owner
of Lot 20 and owner of the undivided'one-half interest in
and to the pier and floats. See Order Settling First and
Final Account, etc., recorded on December 30, 1970 (Exhibit
I) .
13. In January of 1989, Louise V. Rose Allen dies. The Will of
Louise V. Rose Allen was admitted to probate on June 6,
1990. The Order admitting it to probate is Exhibit J;
Letters Testamentary issued to George Collins on June 6,
1990 is Exhibit K; and the Order of Independent
Administration dated July 5, 1990 is Exhibit L.
COL\01\CHRONO.COL
PER "TO. D 7,., . e --
I Im-m—T— L)4:
DREDGING APPL."""CATION
?roject Location: 21�9-221 E. Bay Front, Balboa Island
Yards to be Dredged: 150
met1h"J of Dredging: H=t+y%qjjj j
.6 - - _qjjrt_j
Nature of Dredged Material: Sara/qtit
Disposition of Dredged Material: t,-"arqZ2nrt tQ beach reclamation
*"Can
met -hod of Material 04sposition: pi-pelinf-a tramsrort
T-,:zbid4tV Control Method: aj�% !, n
--�==ct of dredging on contiguous bulkheading and beaches
Feinforae/rrotect bulk -head -restore sand to de-pleted beach
7*
Mark Sites hereby state that I have read "_hle U. -D. -,r-.Iv
(=rint name)
C -or=s at Engineers oermit for maintenance dredging in lllewpo-r-t ti -a F-��cr,
City of Newport Beach and Orange Countv Hazbors,Beaches a.nd P -arks Diszric-
(-if applicable) permitt for maintenance dredging and th-at I accep,_- a!! the
�=ovisions therein. Additionally I quarantee that- the procosed; d _r
ause of any altering of existing use of the af-c---d
,4ill act occur bec J_ -
zone.
Mar� 4a Macnab
tAmplicant-type name)
6/4/87
(Date)
(Contractor -type TIami�
zo
Signed:
Re�oresentative
Cl r r over 9,04C�W
ro .50,0e* S7
If,'. ift
0
act
VICIMITY SkETCH W"r /Orry
Jerry
A
.4 Y =,=j
vw' . v*wr for'Olat" &I
'g7p) dp 47
91 0,0,-0 x / "M
ore
N K
ZC)
LA
7,-eAC7-
Al 1�eA Coair
7Z� OAreL� �??
Co.,IrAPA c ro
ktWPORT REAC"
HARBOR pF, MIT
I's Hr��r��v
lVAINTAN TO CON'TRUCT AHV
AT TlIr--
T -Nv S.�.
ANY Hl A
E,'R Hfv-
'S "T
THE 'N N r c -
_N
AWn J'&�jf;
IN ACCORVANCL vnni y f. p
An,
OJi
PPEC
non n
PERMIT issur-D
!�'IATERIAL
LED To st
A c P I
�- '7 - Sr ,a
504 HOLLOMAN V. RICHMOND [228.C -A
77
City Clerk. The application ... shall contain an-�jL6
inent that when the use of any such piles or structure
ceased, the applicant will, upon demand of the city) - ren'i
them. t
Section 10149(a) of the defendant City's Municipal -X
regardiDg piers and floats may be likened to a building?_1
it
for a home or other structure for it reads in Da -
mi
follows: "No'person shall build, erect, construct or ati
to build ... *in, into or over the waters of Newport H�jj
without a written permit so to do, issued by the City GOTI
erefor to the City." �V 1
upon written application th
these code sections are not ref[6
The effective dates of
in the record. before us.
We have not been referred to any- section of the M
Code which sets forth any procedure for the transfer oV.-
mits. However, as it part of the mrmit A�+ d Jll�p Rfl!"A
tE.� �intiff�s some,co
issued to a predecessor of interest
tions are set forth. No reference is made to any provisi6
the Municipal Code which require the conditions. Among
conditions are- (1) that no permit may be transferred!-,"
out the written consent of the City; (2) the
never" he held liable or obligated for injury or da * �t
resulting to' persons through the use, erection or. possessio
private piers; (3) the permit may be revoked upon 30!-,�
written'notice; and (4) the pier shall not be sold,:; -lei
sublet or transferred without prior written consent:::Uf
city -
Defendant City"s position in this lawsuit is that - alth4
it owns the land upon which the pier and float wer6,
structed under a permit issued by it, it does not claim P.m
ship of the pier and float In fact, it disavows owner
Further, defendant City under the provisions of the'.i '
permit may require, upon notice, the removal of the pel
ted structures. So far as the record is concerned there-.'
f
not appear to be any requirement of the de endant City
ier and. float must receive a use.
successive owners of a p
mit, renewable or not, at stated intervals or at all. exeep
provisions of " (4) " above. Defendant City denicsiii
pki
has any jurisdiction to determine ownership of any
float. For the issuance of a permit, contiguousness of. ow
land to pier and float is not a legal requirement of. th
fendant City.
In this action the position of plaintiffs and defei'4,
an' d
Allen are the same. Each claims that: (1), The pier.
July 196�
became r
by a bi
been req
transfer
that eacl
and floal
Plaini
owns th
to them
ants Ri
the pie:
ship in
fail. A
termin:
[21
that d-
admiir
may &
clear
postul
such i
and d
do an
the d
Ell:
ment
Rielix
pier
the
oft -P
dene
lowe
". J -C
0
curl
[228 C.A�
July 19641 HoLLOMAN v. RacumoND 501
(228 C.A.2d 501; 39 Cal.Rptr. 6141
'16 Ins. etc.-, 4
,ill
U
itkin, Cal. - P ..
iple is the
[Civ.No.7332. FourthDist. July:L7,1964-]
t are gener
; j,-
JOE B. HOLLOMAN et al.,. Plaintiffs and'Appellants, v.
;t subservesv,
FRANK RICHMOND et al., Defendants and Respond-
vfte, 165 .-C
ents; ROY W. ALLEN et al., D efendants and Appellants.
V. Salfol�s
Arthur V. Jones and Harry L. Blodgett for Plaintiffs and
the eviden 1
[la, 1b] Quieting Title—Evidence.—In an action to quiet title to a
.1 1.
order. TW*
pier and float built on city -owned land, a judgment that plain -
.y pr abl'
tiffs, defendants, and codefendants each owned an undivided
wvvith
one-third interest in the pier and float was supported by evi-
aed to feus.:
dence that the original owner of the three lots owned by the
's ,
parties had constructed the pier and -float on the line between
.ed law of.".
plaintiffs' and codefendants' lots and had given defendants a
minor chil6�
I�Bill of Sale" purporting to convey a one-third interest in the
ple that suca
pier and float to them, that defendants paid the electricity bills
-
for the welf'O
for lights on the pier and float and did the repair and ma inte-
I remand ?
nance work while codefendants- and plaintiffs' predecessors in
interest shared the expense of paint and other materials that
Ay ere
went into the repair and maintenance work, and that water at
rary
the pier was supplied through codefendants' property.
the court may
;A
-*-,i
[2] Id. --Conditions to Relief�Tn an action to quiet title to 'a
necessary..
float located within the boundaries of a city and bu ilt on land
owned by the city, plaintiffs and codefendants could not force
the defendants to pursue any administrative procedures with
the city before they asserted a claim of ownership or of use;
such procedures, if required, could only be enfon�ed by the
city.
APPEALS from a judgment of the Superior Court of
Orange County. Raymond Thompson, Judge. Affirmed.
Action to quiet title to a pier and float, and for injunctive
U�,
and declaratory relief. Judgment declaring that each set of
individual parties owned an undivided one -third interest in
such pier and float with the right of joint use, affirmed.
Arthur V. Jones and Harry L. Blodgett for Plaintiffs and
Appellants and Defendants and Appellants.
[1] see Cal.jur.2d, Quieting Title and Determining Adverse
Claims, 74; Am.Jur., Q uieting Title and Determination of Ad -
24.
verse Claims (ist ca § 83).
McK. Dig. References: [I] Quieting Title, 92; Wharves, 8;
[21 Quieting Title, 46; Wharves, 8.
V11
502 HOMOMAN V. RICHMOND [228 C. -A
Higbie & Higbie, Richard Higbie.' Walter W. Cbarar
City Attorney (Newport Beach), and Tully H. Seymour,-
sistant City Attorney, for Defendants and Respondents..
McCABE, J., pro tem.k--Plaintiffs Holloman br oughi:ig
action to quiet title to a pier and float, for injunctive ieli',
and declaratory relief against" defendants Allen, Rich
and City of Newport Beach (hereinafter called fend��
de
City), From a judgment declaring that defendants Ri6l
ruond, Allen and plaintiffs each 'owned an undivide�d_�'��,
third interest in a pier and float and defendants Ric O'n"
might continue the joint use of the pier and float and. '" �
denj
ing the right of plaintiffs and defendants Allen to ter
the rights of defendants Richmond in the pier and floi
plaintiffs and defendants Allen appeal.
[1al Historically Lots 18, 19 and 20, Tract 5 Balb6W'.t
land had been owned by one, Lachenmeyer. Priorto his OW�'z_r ,
ership of these parcels of land, under a 1940-1941 p I e . rmi .
from defendant City, there had been built a pier and'h-�"`
oa
the ownership and use of which is now in question. The' -pie.
and float were constructed on either side of the ba ywar(
prolongation of the cointaon lot line of Lots 19 and k "T
pier and float are upon submerged lands owned by tbek de'
fendant City. Separating Lots 18, 19 and 20 from tlie'ba�
pier and float is a public walk.
In 1950 Lachenmeyer d4eded Lot 18 to defendants Rich
mond. In addition to the deed, he gavedefendants Richnion�
a paper entitled "Bill of Sale" which in part reads:
all that personal property described as: an undivided�on�-
third interest in and to that certain pier and float situated -Oil
the extension of the property line separating tots -19 and* 26,
block 5, Balboa Island...."
Plaintiffs, in August 1960, through mesne conveyances,
came the owners of Lot 19 and a one-third interest in the pki
and float. Defendants A -Hen became the owners of Lot 20 and
a one-third interest in the pier and float in 1956. Defendants
Allen received their conveyances directly from Lachenineyer,
the same person who conveyed Lot 18 to defendants � Rich.4
mond.
From the time they became owners defendants 'Richmond
paid the electricity bill for the lights on the pier and float,'
paid taxes on Lot 18 and on the one-third interest in the pier'
and float, repaired the pier and float. Defendants Allen and
*Assigned by Chairman of Judicial CounciL
[228 C�'��
July 19641 HOLLGMAN V. RiciimoNr) 503
[228 C.A.2d 501*, 39 Cal,Rptr. 6141
[ter W. Char
the predecessors in interest of plaintiffs paid for the paint
y H. Seym our;,�,-
and other materials which went into the rep air and mainte-
tespondents.
nance WO rk which was done by defendants Richmond. Appar-
vr.
ently the defendants Richmond received no reimbursement
oman brou
for the Payments for the electr icity. The water at the pier is
r injunctivet re
supplied through defendants Allen's property.
Allen, Ric "
f I -Prior to the com-
This action was filed Janutry 23 1961.
called defen,�.',�'
mencement of this action an application for a transfer of a
defendan
was filed with defendant City by plaintiffs and de -
Ln undivide -
permit
fend ants Allen. Subsequent to January 23, 1961, a permit for
endants Ric o�! n,
the pier and float was issued to plaintiffs and defendants
!id float a*nd.,*
Allen in which they are described as owning "an undivided
Allen to te nin
rm
r' __-
one-half interest each" in the pier and float.
ae pier an
In their complaint plaintiffs allege they are th e owners of,
and entitled to possession and use of the pier and float. Also,
ract 5, Balb6a�".
the time application was made by plaintiffs to have the
Prior to
at
d plaintiffs rep resented to the defendant
permit transferre ,
1940-IL941
City that they o wned some part of the pier. On the day
t a pier an oa
__
plaintiffs signed the escrow instructions to purchase the
4.
question. The'- -
,-.pi
a of the ba'�'4a�:R'
...-
property, defendant Frank Richmond informed them he
a one-third -interest in the pier. As a witness, plaintiff
�2 �! I
-ts 19 and- 2
owned
Joe Holloman testified he owned a part of the pier and float.
owned by the -11--
Defendants Allen, by answer, claimed ownership of an undi-
20 from a
vided one-half interest in, an d a right to use the pier and
float. Despite the. course of conduct and the evidence, plain -
defend.
tiffs and defend ants Allen now claim no ownership of the
endants i`
pie r and float. Their present contention is that by reason of
part read
the issuance in 19 61 of a permit to them, their right is only a
an undivide��
right of use of, and an obligati on to maintain the pier and
A float sit ted:
1;
float, and that the defendant City owns the pier and float.
-
ig Lots 19 --�2.02
Section 8117 of the Municipal Code of defendant City
te conveyances
reads in part as follows:
interest in e, er.
Construction Work in Pacific Ocean
nerns of Lot,,
"No person shall drive, attempt to drive, sink or attempt
L 1956. Defen
to sink in the bed or bottom of the Pacific Ocean or Newport
rom Lachenmey
Bay, or erect, or attempt to erect, or maintain when erected
defendants .1.
any structure in, or over the waters thereof within the corpo-
to do so from
rate limits ... without first procuring a permit
endants Ri
the pier an floa..
the City Council."
Section 811s, Municipal Code of defendant City provides
interest in:th'e p-
in "Every person desiring to drive piles into the bed
part:
:endants AUCK,-
... of Newport Bay or to erect any structure in, or over the
file to do so with the
waters thereof may an application
504 HOLLOMAN V. RICHMOND
[228 C.A.' Laa=,
rt � i uiy 19G,
City Clerk.... The application shall contain an -agi
inent that when the use of any such piles or structure
ceased, the applicant will, upon demand of the city? rielm�
them."
Section 10149(a) of the defendant City's Municipal -T
�"�
. g-1
regarding piers and floats may be likened to a buildin-
Is in - �ail
mit for a home or other structure for it reac
follows: '*'No person shall build, -erect, construct or.atte
to build ... in, into or over the waters of Newport Hii
without a written permit so to do, issued by the City CUT
upon written application therefor to the City."
The effective dates of these code sections are not re,#�
in the record before us.
We have not been referred to any section of the M
Code which sets forth any procedure for the transferot.
mits. However, as a part of the permit dated June 30,*�.k,.l
.
issued to a predecessor of interest to plaintiffs some!'.cc.
tions are set forth. No reference is made to any provisloi
A
the Municipal Code which require the conditions. mong
conditions are: (1) that no permit may be transferre-d-L,-i
out the written consent of the City; (2) the City�"",
dii
never" be held liable or obligated for injury or
resulting to persons through the use, erection or possesw
private piers; (3) the permit may be, revoked upon 30 71
written notice; and (4) the pier shall not be sold, 16
sublet or transferred without pri or written consent
City.
Defe ndant City "s position in this lawsuit is that altfi.
it owns the land upon which the pier and float were�
structed under a permit issued by it, it does not claim
R111
ship of the pier and float. In fact, it disavows owner
g.
Further, defendant City under the provisions of the
permit may require, upon notice, the removal of the pe
ted structures. So far as the record is concerned there
not appear to be any requirement of the defendant
successive owners of a pier and. float,must receive a usc
mit, renewable or not, at stated intervals or at all exeel
es
" City deni Al
provisions of " (4) above. Defendant
has any jurisdiction to determine ownership of any
float. For the issuance of a permit, contig.11ousness o 07
gal requirement of t1
land to pier and float is not a le.
fendant City.
In this action the position of plaintiff- and defeb
Allen are the same. Each claims that: (1) The pier, anc
j Lily 1964] T-101,L<)MAN V. RICHMOND 505
f298 C-A.2d 501; 39 Cal.Rptr. 6141
became real property and therefore title cannot be transferred
by a bill of sale; (2) defendant Richmond should have
been required to pursue administrative procedure to obtaiii a
transfer of the permit; (3) the trial court erred in decidin.-
that each of the parties owned a one-third interest in the pier
and float; and (4) they do not own the pier and float.
Plaintiffs and defendants Allen argue that defendant City
owns the pier and float, and it had a right to issue a permit
to them to use the pier and float to the exclusion of defend-
ants Richmond. Since defendant City denies ownership of
the pier and float, and there is no evidence to prove owner-
ship in it, plaintiffs and defendants Allen's argument must
fail. A city government is not the proper forum for the de-
termination of ownership of property within its boundaries.
[2] On this appeal, plaintiffs and defendants Allen insist
that defendants Richmond must be required first to pursue
administrative procedures with defendant City before they
may assert their claim of ownership or of use. It is patently
clear from the record that except for the argument and
postulation of plaintiffs and defendants Allen, there is no
such administrative requirement. It is not for the plaintiffs
and defendants Allen to try to force defendants Richmond to
do any act which, even if required, can -only be required by
the defendant City.
[1b] There is substantial evidence. to support the judg-
ment of the trial court that plaintiffs, defendants Allen and
Richmond each owned an undivided one-third interest in the
pier and float, and these parties have the right of joint use of
the pier and float. There need be no citation to support the
oft -repeated statement that when there is substantial evi-
dence to support the findings of fact and judgment of the
lower court, this court will not disturb them on appeal.
Judgment affirmed.
Coughlin, Acting P. J., and Brown (Gerald), J., con-
curred.
I
0
BUYERS, NAME(S)
_ED Ily:
OCHD
PERMIT #
APPLICATION Is HEREBY MADE TO TRANSFER HARBuit rmK---
EV- I I MUNE jqjkjkl(#A A. Nx, No
�, CPR 0.
z.2w. �lilmvmvl fur BUYERS' NAME(S)
ewe ORDER NO. ETACH AND RETAIN THIS STATEMENT 'INERS ESCROW CORPORATION
THE ATT.. CHECK I. IN PAYMENT OF ITEMS DESCRIBED BEI_OW�
IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED r MEZZANINE -FOUR CORPORATE PLAZA
DELUXE FORM WVO-4 SPL N-224 NEWPORT BEACH, CALIFORNIA 92660
DATE DESCRIPTION AMOUNT
09/15/86 ESCROW NO. 3 3 3 6 J L
Property; 219 East Bayfront
Newport Beach, Ca 92662
Funds due you
Pier Transfer
N-2"
W"230AID"
LOCATION
PERMIT NO.--Z�i
Seller Qyc"
Buyer
Date Application Received: ���Date Fee Received:
Request for Inspection made by:
Eseraw-col",
573
Escrow Office.r --.�scrow . I
Address . .9, X4,.E)
Phone:
------------
Date Inspection made: C�' - a/
Deficiency Letter sent: Deficiency corrected: -
Transfer completed: Date
Inspection:
1. Location
2. Pl.umbing:---�
3. Electrical:
4. Structural:
5.OTHER:
REMARKS:
Inspected by:
Spptember 11, 1986
Grubb & Ellis
2 Civic Plaza
Newport Beach, CA 92660
Attn: Dona Chichester
Dear Sir:
The City of Newport Beach has received an application to transfer
pier permit # 153-219 f6r the property located at 219 East Bay Front
Newport Beach, California.
The structure was inspected on 9/10/86 atwhich time it was determined
that the following deficiencies exist:
A City -approved anti- I syphon -device is required -at Water connection to
pier and -float.
on ramp to dock'needs to be ro I inforced and needs a,post.replaced.
3. 'INFORMATIONAL ONLY: A pilinq is badly cracked
Fascia is broken
Electrical is O.K. exqept atJoint near sea wall,
where it -needs to be wateri-tight.
-4.
5.
In accordance with Section 10-D of the City Harbor Permit Policies:
"All structural deficiencies must be corrected...*...", it will be
necessary for these to be corrected..A permit for any electrical or
plumbing work must be obtained from the Building Department of the City.
'All other work requires a Harbor Permit.
Please advise this department when the above'deficiencies have been,,
corrected.
If you have any questions, please contact me at 640-2156. Thank you
for your cooperation.
S.incerely,
/*7
4
Tony Mel m,
Tidelands Administrator
City Hall - 3300 Newport Blbulevard, Newport Beach, California 92663
STATUS SHEET
HARBOR PERMIT TRANSFER
LOCATION C:), /9 , C-
Sel I er Buyer.
Date Application Received:
PE RM I T NO. J�5 3 — "� ( 5
Pate Fee Received:
Request for Inspection made by:
Escrow Co. Date
Escrow Officer Escrow No.
Address Phone:
Date Inspection made:
Deficiency Letter sent: Deficiency corrected -
Transfer completed: Date
Inspection:
1. Location
2. Pl.umbing:
3. Eledtrical: A r
4. Structural:
5.OTHER:
REMARKS:
Inspected by:
7Z
.Z�714ZSOA ISMAID
0
CITY OF NEWPORT BEACH
C, , """-
1;q -� —ro 1�pv�;
March 7, 1985
Joseph and Betty Lou Axline
580 Schnebly Road
Sedona, AZ 86336
Dear Sir:
The City of Newport Beach has received an application to transfer
pier permit # 153-219 for the property located at 219 & 2191-2 E., Bay Front
Newport Beach, California.
The structure was inspected on 3/7/85 at which time it was determined
that the following deficiencies exist:
1. The electrical service to the dock should be in conduit.
2.
3.
4.
49
In accordance with Section 10-D of the City Harbor Permit Policies:
"All structural deficiencies must be corrected......", it will be -
necessary for these to be corrected. A permit for any electrical or
plumbing work must be obtained from the Building Department. of the City.
All other work requires a Harbor Permit.
Please advise this department when the above deficiencies have been
corrected.
If you have any questions, please contact me at 640-2156. Thank you
for your cooperation.
Sincerely,
Tony Me7im,
Tidelands Administrator
Cily 11;111 - 3300 Newiml-t Boulevard. Newimi-( Beach. Cd][M-ma 92(jW3
P()
C -'Y OFNEWPORT BEACH
December 21, 1981
Roy Al I en
221 East Bay Front
Balboa Island, CA 92662
Dear Mr. Allen:
The property at 219 East Bay Front, Balboa Island was recently
sold and as part of the -transaction the ownership of the pier
was also transferred. Our records show that you are a joint
owner of the pier at 219 East Bay Front. Your, signature is
necessary to complete the transer. Please sign where the
red,"x" indicates and send the enclosed application back
to the City of Newport Beach Marine Department.
The escrow officer who handled the above -transaction has
asked that I send you a copy of the 'letter which was sent
to the new owners of the property indicating the improvements
that are needed to comply with Harbor Permit Poli.cies.
Please call if you have questions.. Our number is 540--2.156.
Sincerely,
Tony Mel um,
Tidelands Administrator
low
City Hall - 3300 Newl)ort Boulcvard, Newport Beacb, California 9'.111663
Povember 24, 1981
Wendell K. S. Foo
219 and 2195 E. Bayfront
Balboa Island, CA 92662
Dear Sir:
. . ........ .
CITY 01"NI'MPORT BEACTI
MARINE DEPARXTMMEINT
640-2156
The City of New ort Beach has received an a licatioa to transfer pier permit-
# 153-219for the property located at 219 IT Bayfront
The structure was inspected on 11/13/8Y at which t1me it was determined
that the following deficiences existi
i. Water line to dock needs City approved anti -siphon valve.
2. Electrical line to dock needs repair to conduit and City inspection.
4.
L
in accordance with Section 10-D of the City Harbor Permit Policies, "All
structural defiriencies must be corrected..." A permit for this work mu6t: he
obtalned from the Building Department.
Would you please advise this department when this requirement has been met.
If you have any questions, please contact me at 640-2156, Thank you for ycnr
cooperation,
Sincerely,
Tony Helum
Tidelands Administrator
it: nk
( 'OV I !all - 3N(H) AqKm Boulevard, Ncu-port Beach, Cahloillia 9260j,
__
!'I
',:
STATUS
SHEET
HARBOR PERMITS
TRANSFER
LOCATION '21
PERMIT #
Se 11 e r
Buyer— Vi!��
Date Application
Recv:
Date,Fee Rec'v:
Oral Request for-Inspqction
�Escrow Co.
Date
Escrow Officer
Escrow #
11-13,41 Date
Inspection Made
Date.
Deficiency Letter Sent (if
applicable)
Date
Deficiency Corrected (if applicable)
Date
Orange County Notified (if
applicable)
Date
Transfer Completed
1. Location:
2. Plumbing:
AX5
-doe—
1. Electr-ical:
V)XMI
4. Strudtu ral:
v
-1
-4.4,4-1
6 190 10:01 ICAGO TITLE S A
.!9504 i�6ESPI- E5��
gal 4 A'
On
TAX
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7�! -
-'Bag
..Am DEC:3019
21 t
9 2 6
A,
"GR MRS
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.-GEOR V6,'W,,C0L-LJNX
L;
OP.- , - :, . )F
ret to
uril
70"'
14 CO nty
F, ST JOLH,
WILUA
AA
ZX
ATTORNILVA Pr*v% ec.
J,
SU
PYXiOR COURT 01 �V CALUORNIA.
FOA TIM �OUN-ry OF wqx1m
VO. 'A 59 6 5 9
11'1 In the matter, O'E'the EState"Of
ORDER SETTI;ING FXRST AND FINAL AC
12; RO� W. ATZ�N', 7,0;
COUNT MD R2PORT OF EXECUTRIk,
ALLOWANCE -Op STATUTORY ATTORNtYS'
q Deceased 'RiBUT-ION Or F's -
:i FBZS5,-'aND 'FOR DIST
- - - - - - - - - - - --- - ) TAT& UNDER WILL.AND CODICILS TO.WIXJL.
LOUISg -V. RosL,., s Ex 'cutrix of the last -1
Th� peti�ion of
16; Will and Coaiciis of 16y W. Allen, dace.ajad�, for order settlinq First
and Final jant and Report of nXeciltri for Petiti:on'. �qr AllowanM
Acco
18,1.of Statutory'Atto=' Y5' Tea5',',`and for Jtrij:��Itlo -of Estate Vnde'r
9. Will . a' . d Codic . ils to W111, coilling on ..Vequl�� to, bi heard in:*
n
of Decembrer,
-':'-'20' 'Department 3 of the'above dntitled. CouVt! '. the day'
Honorable RAyMQNo.�!jjOMP$ON, :Yudg �resid`ing, 7AME
by re w', -Call.Lris, app
-'M*GRUB�3�S. &'GEORGE. W COLLIN qeor�
petl
petition(ar, the Co�irt a fter exai�i
'the '&VL� firids t I hat. . due'. the hearing
ion 'and'-hiaarinj lqz�ce notice of
uired by.jaw; that -notice
�oe'such- petltLort ha.4...been "dil ven as i'eq
X,to - cre4itor�. has' bee�'.,"duiy,�:ql"rt.as' "requ ired by.,�awj that all th'
he Csilil
2,7 illegations, of.:said peti�i n ard, true'; ZhAt a re
?orj�ja, jnheritahce-,T�x J�Ppralser- is 6n f, I` her . eln fix�ioAg ax at
6 'ei�t, t h e 2 6 f o r f i 1"4' 'h e'r a i n -that' all
5 44 0-'.0 3 and t1er c
ral—that ha'* v 6
te'and 'f
d J�ry...and:, �ieraonal Incoza taxe�9'41 a a.
on a
-that
STAT441.
ha . S, beeA. file'di ',for. this . a�t �taan'd the.'tax',shown to'Ve
tax "rettirn
'90 10:03 CHICAGO TITLE'8.A —
6/7"
Y
and the exe cx�
due- h&a, been,'pald th6::'rtVtn,-has eeiOWdited''
ele paronG
has' b6e estate taX;
a the!�,:Pe,
:th'it �roperty- 0, f a property of d 'ad , a t;
rt, and.'o
rs:., i4tribution of said
approves. aid -$4,c6olln
D,`ADaUDGED 4AND:- DZC ED"'th6t: 'due -.-n6tice
jT...IS.jjERZ)3Y ORDEPX RE
dAW;:-1..1' -Ac-
It. tc; �dredltoxz ha:s been 'duly.:.q�vqn as r4q �Lr6d-�-,
t at. s id Fx(idutriX
count and;'-'r"eport be in' a1l:"-,t�j'pacjj. appr. V h a
to saiM
9 1! h �-s, jn'har' po'ssessiOA 'PalO'n;4 n. Is tate af te r 'dedu'ctin,n,`�
c its to which she- i -s a U�Jed, "a Val ce of.,$854,537.44 , 'of 'whic j.
red
::619-439.00 is'-`i'r'i. cash,i a4d* th - 46' - x . ematinde,.F. consists -,of t�ha propert'y
h einafter describid. at,:tha-ap rdise&,�alQe- thillre0f;- that said
er p
set led accordingly;
13� 1! - acco=t is he'reby bLppwoved," allowed zinal, t
vidxiq�t.;to compensation for her
That Executleix his wai
161i jaivicas. rendered in th�- thi's
f
T Exemit'rzx -be ailthorized., An dir6qted,-to-'pay to her...
a hat
17. in
:* ttorneys, -JaMes L_,Grubbs and Geoz5O W. olliils, .5tat,�Atory fee's
.a
is 16 9 6.5 6 or -services rencleted.to 5 ama estate;.
SUM of
That BXecutAx-be-withoriied tofwithh�63A -the S= of $100.00
closing expe n se a,
20 to .6efra�
That the baljinca.of �the.estate'rem'aininq::in the Possesrsion
17
ix, a;ff ter thd - payT�ent of St&tUtOrY: f 04s to�'attorneys for
22 of EX0011tr
f
'to -th4.said'persoris
�:6:jl "eclatrix and c1oiih9:q &nbe,..
'�d�nca with 'thi� . �pko4-i,s,10`AA - of decedent's
'14's.t, Will.'. and codicils, `two_r,0t4 as
5= of - $2VPA100 i'. in- cash.
-TO -4 thd�
To.. ii IS Z*, "ALLEN, �0=erly kno,�n 'as,'Louise.
-27
od. a h -rdst, reb and-1,rimainder. of -
t a
said..'as nclu ing. any
-i ",4d all otherv.p; P7
tate,
4
to' said astiit4i �wh
ether described.'.-:
artyl beloqqjAg.
P"'; 0 ow�s._
S d Cr
That"" Id -i a t i �b
o.ai
1_4 :-! ... . .
4
-Zv
2
41- +
fA
21
IL 26 '90 10:05 CHIMQ0 Trlt� S.
7
504
(1) CASH
as aforesai4�
(2) $TOCX:
3
(a)
7720 ShareZ.- Cap. American Tel. & Tel.'Co-
600 shargs com. jitlantio Ricl -rfield Co.
5
(c)
32 Shares Com Bahkarnarida Corp.
6
(d)
.306b Shares Com. Cola, Company.
07
760 Shares - Com. -,:Corn Products Company.
(f)
500 Shares - Com. 'National Bia"it Co.
g)
goo Shares - Com. _�gacffic Lighting Corp..
k1k
7
(h)
1385 Shares - Com cific'T`61. Tel. Co.
(i)
$1,000 Bond of. the 81te of California,
12:
India gasin Act".'
�5;
I
(3) AEALI PF=IERTY sitL�a'te in clie Cdunty'of. 'Orange,
i4
state of CaliforxUa, corru6only known ag.
221
tast Bay Pront5, Balboa isl and,- California,
16 i:
more p4rticula4ly descriVa� as;
t 20, Block 5, 13alb6la island, a5 shown
on Map thereof recorald in Book 2, Page 9,
19
qiscallazeous Maps,. Re'cards of 3aid Orange
20 �1
County, Cali:CorPiia.
22
197G.''
23
RAYMCNO THOMPSON
0 n.,
OL�dqe of tha Superior Court
2&
27
!.4t 4
qt4t 1j,& Ct.%CWT
28
I)ED 18 1370
r 0
An -
30
:4
?3,
r -N
P
07/le/90 15:40 DALEBOUT ASSOCIATION 7146455610 P.08
f
41:
sit,
Ik'!o " -T,
gq
Q't
M
21-9
219 Zast .3" troat
219 East 3" grafit.
v jh -
polvem NMI -
its i 41
T
AT THI Ad*V9 60 101 in all
KXWPORT 11140". ?OY4k" q....
I . . . . . . . . . . . . ..........
Ala, U4)�_
-COUNCIL Lei
no DAY 9
.4!
" jj�
Ic
...........
JOW Wer AILS$, Bay 221 Zaet 2;q fry
V
R*
4Wjj,�, 4
If, WWIIIM!1�
W.;
—7 WIN
IVI.
A!
Ilk.
ywl
IV
J
Na
ET
R
fill
PCO.
Eli
LOCATION
STATUS SHEET
HARBOR PERMIT TRANSFER,
E, '&ze, ��
7 -
PERMIT NO. /
Sel I er Buyer
Date Application Received: Date Fee Received:
Request for Inspection made by:
Escrow Co. \' ua- L-(AAA-.-� Date I i --43Z
Escrow Officer jr�krt.) Escrow No.
Address. Phone: 4�
66 6
Date Inspection made:
Deficiency Letter sent:
Transfer completed:
Inspection:
1. Location
2. Pl.umbing:
3. Electrical:
4. Structural :
5.OTHER:
REMARKS:
Inspected by:
1,41
Date
Deficiency corrected:
RECORDING REQUESTED BY
C. A. Higbie
AND WHEN RECORDED MAIL TO
F
Name Frank Richmond
Street C/o C. A. Higbie
Address Box 328
city & Balboa Island,, Calif 9266,,
State
L
7829 Bco�,, 7958 PAcE 210
I;ECORDE7AT 'REQUEST 0
C. fi,. Hlulk
IN OFFICIAL RECORDS OF
ORANGE COUNTY, CALIF.
M$2.00 9:05AM JUN 13 1966
C 2
,
I J. WYLIE CARLYLE, County ftlpft
SPACE ABOVE THIS LINE FOR
M
The undersigned, Frank Richmond and Jean Richmond, husband and wife as
joint tenants
for a valuable consideration, the recei t of which is hereby acknimedged, do --hereby grant, bargain, sell and convey to
Joe B , Holloman andlKildred E. Ho loman husband and wife, -and Roy w.
A4en apd
e r
e persona prope4yMescAiAlals len, husband and wife:
an undivided one-third interest in and to that certain pier and
float situated on the extension of the property line separating
Lots 19 and 20, Block 5, Section 5, Balboa island, as shown on a
Map thereof recorded in Book 8, page 9, Miscellaneous Maps,
records of the said Orange County.
The seller—g—. do-- for themselves, their heirs, executors and adniinistrators
covenant and agree to warrant and defend the title to the property, goods and chattels hereby conveyed, against the just and lawful CWinis
and demands of all persons whomsoever.
Dated: May e / 1966
STATE OF CALIFORNIA
I
COUNTY OF Orange SS.
On May
19fi-6. before me, the undersigned, a Notary Public in and for said County,
personally appeared Frank Richmond and Jean Richmond
and known to me to be the personW whose mm*) are db9d to the within inAmnent and &dUwiWged that the
executed the same.
WITNIZ my haw aw official seal,
C
I E
1�� T
CC"JN[y
0, Ll Tifte Order No
owl
FA FJ
1155 11% It 1W
11111illill � F MMI, S. u1m.2
Mew 504--ftVWan $.$a
"2" �/,
(Seal)
ky,� CUADMission LxPlics Aug. 19, 1967
Escrow or Loan No.
11 vpK
k ON
ke cbenga, Cov—
P " V ft Y, �Cuwr Courch -
HAMM TYPSO Olt palmyro
WIWI
-A C)
E���
Mr. C. A. Higbie
Attorney at Law
229 Marine Avenue
Balboa Islando California
Re: Pier emit Xo4 A-850 for pier
and f mt located ba ward of
Lots 19 and 210 . Block 5 Sect ion
Dear Me. Higbie: 5. B#lb a_ Igg-.4 I n
— ... q _jg. , !LAA_,
If the pro osed transfer of the one-third interest hold
by the Ri Conds to the Hollomons and the Allens is�
Carried out, it will bring the actual ownership of the
i4v and float into donfokmity with the pier permit issue
v the City.
Yours truly,
Tully H* Seymour
THSimed City Attorney
Grubbs Collins
TEL-Nn.213-458-2907
M FMaT TMSFM "
Jul 2',90 16:31 No.001 P.02/04
w
)OINT OWN91ts"Ir
/Pier Permit No$ A"850 for pier and float looated.bayward of
219 Eo DAY H., BROWN LOT 19'
221 E. BAY 1 .1 20 (W. LAC"C"MyCR)
property at P'XRXK"l , Lot
being
addrean
5 StMON 5p BALBOA WAND
Block -Tract
and yaluley to HARRY BROWN (LOT 19) AN* Roy ALLew (L
on MARCH 20 is hereby transferred to
Joe 80 HOLLOMWILOT 19) 1/2 INTCR93T
ROY ALLcH (LOT 20) 1/2 wtittsy
............... '0 It is hereb,7 agreed that
all conditions 0ontained in the original pier permit ismied for
the above loeation shall app17*
Dated It- 2- 6
Si' twe of Fermittee
Pa
Approved
/Oity Engineer
APPROVED
DEC 11
By Thak
CITY COUNCIL
CITY OF NgWPORT BEACH
Lnvc� ?o smg—.V�t nn -j
rgenm't ZH
prizon nr4d pern.c�ns ckirnin;�
or lir'. rnn:%
cO-Nmmkv�o of Ten b�uthy zd!�-vjw 4-ccj ...................................
Ae
................
Uri LIEU -1 E . )[AlveNNIATIR 11. LAC,110II&M-3
............................... -- ................................................ ............. ............. ..............................................
qn�! :!,Tif --q J o in t n
....................... .... . rs.
.j .j . ................. -..- ..................... ...................................... ...............................................................
do—, '...-T-MER BY BARGAIN.'SOLL twm Col.1 1 ......................................
.............................................. ......................
................ ................... ..
—f-�L L
..................... ........................ ........ ......... ......................
. . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
........ ...................
.............................................................. .......
. . . . . . . . . . . . . . . . . . . . .
r0t :b -,t —rv=1 prnptrty dt.-tcribc., "Itivided'one-thdrd interest,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
im cmd
... ..... ....... ........ ..
and fjo-t Situated On the ex.1-ension of
the -orov-1
S-e-vera-lamw 10-ts 19 2), D100k '5, Section 5, Balboa
a.-cok
records, of'the s -aid oratsi!�'�a 00,14117-ity
Lnvc� ?o smg—.V�t nn -j
rgenm't ZH
prizon nr4d pern.c�ns ckirnin;�
or lir'. rnn:%
ri-
................ ................... ..
—f-�L L
..... ..... ...................
.............................................................. .......
... ...
... ..... ....... ........ ..
........................ ............... ....... ......
V
16
-44
C. C.
1 fi.
i
„ y
I - I - I-- - -
Grant -Deed
Tats romm trURNitHIED by T1 M9 INSURANCZ AND TRUST COMPANY
38677
Affix 1. R. S. $21!5.9 -
FOR A VALUABLE CONSIDERATION,. meipt Of which is hereby acknowW ed
WIMIM 3. LkCHMKM and Eft K. LAaMMMv h=bamd 'and Ms 6d MIM k=, wife.
of the Grantoe herein,, joins In the e=cution of thin conveyance for the purpose of
vesting title tn thQ Grantee toreinp';ax his sole and separate property.
her --by GRANT(s) to
ROT W. k=p a narri*d mm., as his. solo md separate property,
the following dewribed izal property in. the state of California, count,,. of Orange
Lot 20j, Block 5.. Sectiqirt 5., Balboa lisland., as shom an' a Mop tbamof recorded
ta Book 8., page J'v Misr-all&MM3 yspa., records. of the said Oramp Couaty.
SUBSECT TO:
1. No General and Spec -Lal taxes for the fiscal year 1955-IY56.
2. CoTemants.," Conditions restrictions
j* reservations. rights.
rights of way., and easements of record, i--* aq,,
.....................
STATE OF CALIFORNIA
COUNTY OF
Ss.
......... . e
Af .........
0 . ......
.Y
befo:re Me, the Un -1 �4?�_A;iiblie In
and ter said County�= State Xnrot&ry
.......... . . . . . ......
............. . ........ . .. . ................ . .... . .. . . . ... . . . .........
. ...............
. ....... . . . .............. . . . . ..
t ......... ..
. . ") . ................ . ... . .......
we to 16 Itie IW*WA ..... whobe
tb"the w1jin;'Inummen
t
.... .....
6081.
Sal
Uly Coramlalor, R�n
zwmr-m RECORDED MAIL. TO
.4Bank of Amer-ica
r
, f. . e I
... .... . ...
40 r
i. ic ........... .......
..........
- rr.ua
SPACE BELOW FojR REC'
ORDER'S USE ONLY
. - RECORDED AT REQUEST OF
TOLE INSWAMM & TMUST Co.
9'.00 A. K
MARAUM" -
... %W. .. q
IM A28
OFFIRMORUS �
Orange County Cqlftnia
-Coun.t
y Recwder
Title, Order
Exhibit No.
.INDEX TO EXHIBITS
Description
A Permit Nos. A-107, A-550 and A-850 issued by
the City of Newport Beach on January 24, 1941
to William and Erma Lachenmyer to construct a
pier and floats along the common boundary
line of Lots 19 and 20
B Bill of Sale for Lot 18 and an undivided one-
third interest in and to the pier and floats
given in November of 1950 by Lachenmyer to
Frank and Jean Richmond
C Page 504 of the court decision in Holloman
v. Richmond (1964) 228 Cal.App.2d 501
D Pier Permit Transfer No. A-850 issued by the
City of Newport Beach on December 11, 1961 to
Joe Holloman (Lot 19) for an undivided one-
half interest in and to the pier and floats,
and to Roy Allen (Lot 20) for an undivided
one-half interest in and to the pier and
floats.
E Application to City of Newport Beach for
Harbor Permit.
F July 17, 1964 District Court of Appeal
decision in Holloman v. Richmond (1964) 228
Cal.App.2d 501
G Bill of Sale dated May 31, 1966 transferring
an undivided one-third interest in the pier
and floats by Frank and Jean Richmond to
Holloman and Allen
H Grant Deed dated February 16, 1956 from
William E. Lachenmyer and Erma M. Lachenmyer
and Alice Allen to Roy W. Allen for Lot 20.
Order Settling First and Final Account, etc.,
recorded on December 30, 1970 in The Estate
of Roy W. Allen, Deceased
Judgment Pursuant to Stipulation admitting
the Will of Louise V. Rose Allen dated
January 21, 1982 to probate on June 6, 1990.
COL\01\EXH-IDX.COL
K Letters Testamentary issued to George W.
Collins on June 6, 1990
L Order of Independent Administration issued to
George W. Collins on July 5, 1990
M Title Policy on Lot 20
N Harbor Permit Policies
0 Memorandums
(i) 7-2-90 Axline
(ii) 7-26-90 Dock and Pier
(iii) 7-27-90 Chronology of Events
C0L\01\EXfl-1DX.00L
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F/
REVIEWED BY PUBLIC WORKS DEPARTMENT
Nr..
S
40 '1 --t
40&#p'1;65�MeA0' J110C
By -DATE
T"4
WOR19MALL �B_'- DON"N' 2N'ACCORDAN
V' E WITH THE
z I;P,*4
STANDARD SPECIFI.CATKNN" FOR PUBLIC WORKS
-CT TO CiTY INSPECTION.
CONSTRUCTION, AND IS SUSJL
NO. DATE REVISION: BIB
DRAWN BY SHEET NO.
DATE
.2 qp/q
MACNAB-CHESBRO, DOCK FRAMING DETAILS MARINE CONSULTING & DESIGN
2400 W. COAST HIGHWAY NEWPORT BEACH, CA 92663
$CALK
xc
w0
7ld
OWAI
SUITE F
EAST BAY FRONT 714 642 - 2206
219 NEW�16RT BEACH CALIF J' N' 9' Wt. F- 7-
2 SHEETS
OF
ISHOP GRAPHICS/ACCUPRESS
REORDER NO. A49176
1,e R/7
L-:'A125'5N0(5 AGAIA,1577
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NO. DATE REVISION -
DRAWN BY
D10 MACNAB—CHESBRO DOCK MISCELLANEOUS DETAILS DATE MARINE CONSULTING & DESIGN
S
SCALE 2400 W. COAST HIGHWAY NEWPORT BEACH, CA 92663
219-221 � JF.j 14.:� kle� l-;v',V
J. N. SUITE F 714 642 2206
EAST BAY FRONT NEWPORT BE CH CALIF.
vo
BISHOP GRAPHICS IACCUPRESS
REORDER No, A48170
41
NO.
SHIEET
or 2
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NO. DATE REVISION -
DRAWN BY
D10 MACNAB—CHESBRO DOCK MISCELLANEOUS DETAILS DATE MARINE CONSULTING & DESIGN
S
SCALE 2400 W. COAST HIGHWAY NEWPORT BEACH, CA 92663
219-221 � JF.j 14.:� kle� l-;v',V
J. N. SUITE F 714 642 2206
EAST BAY FRONT NEWPORT BE CH CALIF.
vo
BISHOP GRAPHICS IACCUPRESS
REORDER No, A48170
41
NO.
SHIEET
or 2
7qAR80R PFeMIT-lp
CXESBRbIM1)fICNA $
R
1 f %
CEMENT
Type IT conforming to ASTM C-150
7
socks per cubic yard
AGGREGATE
Natural aggregate conforming to
ASTM C-331 3/4' maximum.
CONCRETE
= K)
fc 500o psi at 28 days
f�i' 3000 psi at transfer
WIRE SPIRAL
W3.5. cold drawn wire conforming to
ASTM A-82.
PRES�RESSING STEEL
1/2"dia.) 270K strand conforming to
ASTM A-416.
12
Jacking force 30,/601bs. per strand
Working force Z4,600 lbs. per strand
Total number of strands
Effective prestress psi
C&
W
Chomfer
f o u r
edge*
0-
-1
HARBOR PRECAST COMPANY
SAN PEDRO, CALIFORNIA
A 1-10� Of
GUY F. ATKINSON COMPANY
PRESTRESSED CONCRETE PILES -12 SQUARE
1 45' Chomfer
Top a b o t t o m
P-1 DWG No.
By'" 100 3.76 1-2500
4,71
-'ribrlPr -1 ON -;--I W-CRPORATED—
lip, A, SON TTLOATAT
IP5 Monrovlo'Averiuc -1 Costa Mesa. CA 92627
(711) 615-2812 X Telex 670308 THOMPSON CSMA
Flonge wid-th 3'
on oll I s1des
FIGURF 2- FLOATATION UNIT EMENSIONS
Mo d e I
Dimenolono
A p
(in)
G
I
Wololit ( lbo BL10yoncy
wl-to plywood In balt
t0p_�coypL___per inch
( I bo
wator
totr'l
I Il 7
6,13
351
16
96
68.95
1,103.2
9
6-3
353
973.9
9
G'
0
01.06
.1,10 7.6
-113q
1-02. 71
1,151.2
1 -1. 31
9 6
j. i
12'10
S
7
1231.
9
10
16
167
110.0/1
2,259.0
1130
115-
102.71
2,376.0
1131
9 6
is
25
1,98
110.01
3,519.8
Wont No. 0 279 579
1 =—A CEMENT
Type IE conforming to ASTIVI C--150
17 socks per cubic yard
AGGREGATE
Natural aggregate conforming to
ASTM C-33, 3/4"maximum.
CONCRETE
fc 5000 psi at 28 days
fci 9000 psi at transfer
WIRE SPIRAL
W3.5 cold drawn wire conforming to
ASTM A-82.
PREST RESSING STEEL
1/2' dia., 270K strand conforming to
ASTM A-416.
Jacking force = 30.,/60lbs. per strand
Working force = 0.4
,800 lbs. per strand
2 !/Z Total number of strands
Effective prestress psi
U)
-5'7*1,?A1V,Z?S<'
q4
5 7RAL
4
3/411
Chomfer
f o u r
edges
HARBOR PRECAST COMPANY
SAN PEDRO. CALIFORNIA
A DIV1910. 01
GUY F. ATKINSON COMPANY
PRESTRESSED CONCRETE PILES—d'SQUAR
I'l 1 450 Chamfer --
Top a bottom
Dwr. No.
FORM HP 8%11 100 3-76 T-2590
Ell
A—
at 28 day
f e r
-u.-jconted,__s t -T -so
-V
13evem wire
--y A-
--2
_mpta
------------------------
3" --<- C Ir - Ao
bs
V
-Ing. e ... po.'r . p d
-8
200.880 lbs
-4� 4 D2
P,�7— 314" Cl)njTxer
4 edges
Flf f octivo-prqn-tx-e�ss.
162,000 T,mi
WorkAng stre- -th
Si
;-c 197 Do(-) Tni
4-3
0 50 lbs
,5
r r N
r- 4 r4l--i ... ....
1-1"t 450 cl-vimfor
&
botto-�
T 1 0
HARBOR PRECAS-F COMPANY
LONG BEACH, CALIFORNIA
PRESTRESSED CONCRETE PILES
DftA WN C" tcv ED
f DWG No.
FORM "r co .2 joa If.Up I-AAJ
7Z-0-77-S-161-1.7-2,!�7
�6AZSOA MAND
7P
-RA 17YE
W -.LC z Z- rA z I �E----.-
R 1.24,
Tot