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HomeMy WebLinkAboutN2010-0036U. W Z J Z a ❑ U a 0 v Lu0 J � N LU U F U 10 ir U) & LU Nw0 aF as J J }} a F- W U W Zw� OH=w C in Z�u Q � ❑ N � O>O❑ > OF a wUZ ma-Wwa O>zn LL] z n J0� U) CO U J W > J> J o d > CO �WW a = Z � ::i LU aw O0 > Q o?a� 2 0 U •• N @a,dc U d Q �I ro a Z N � N 0 rn ❑ U of U Q ae W Z F- CO a CO Cf)U) m a w U 0 N Z O M1 M v p � O rn N _ A N Z U� O Z o U N m r C a N C N a� L a N U. W Z J Z a ❑ U a 0 v Lu0 J � N LU U F U 10 ir U) & LU Nw0 aF as J J }} a F- W U W Zw� OH=w C in Z�u Q � ❑ N � O>O❑ > OF a wUZ ma-Wwa O>zn LL] z n J0� U) CO U J W > J> J o d > CO �WW a = Z � ::i LU aw O0 > Q o?a� 2 0 U •• N @a,dc U d Q �I ro a Z N � N 0 rn ❑ U of U Q ae W Z F- CO a CO Cf)U) m a w U 0 N Z O U� N m ov aov a� 02¢ aaa F_ W a Fax W W Z_ 7a W D of Q a in O ? Q ❑W 0LJF-D O WUj OUZC7 OW O of F- (r F- w n F- (4 �n Z QQ�li UKW W LIJ w CDm <0 < w O LL U a 10'2 01 V O m m 0 F-amw 0 0 0 0 0 0 0 0 0 0 0 0 000000 000000 000000 000000 NEA FF3a Ui Vi e3 v> u g v' Permit Processing Fee: Qty. Inspection Fee: Qty. Public Works Only $230.00 Public Works Field Inspection $140.00 Other Department $300.00 Utilities Field Inspection $190.00 General Services Inspection $140.00 Agreement Fee: Preparation of Report/Agreement Document Recordation Fee Monitoring Wells Street/Alley/Walk Closure: Traffic Control Plan Check $840.00Refundable Deposit: $200.00 C- $460.00P Improvements $52.00 Sewer Connection Fee DNRe/v- 12-09-2009 4TT Box & Cover 8-1/2"x11" $52.00 24" x 36" $130.00 Additional THE FOLLOWING ITEMS REQUIRE APPROVAL F REVENUE DIVISION PRIOR TO PAYMENT OF ue TBD= $.00 B $51 $51.20 I (Water Meter: 13/4" Meter $145.00 I1" Meter $210.00 11 1/2" Meter $390.00 12" Meter $505.00 13" Meter $857.00 14: Meter $1,505.00 �6" Meter $2,505.00 --------------------------------- Uty. Qty. Connection Charge: $160.00 Water Meter Boxes: 1 For Parkway & Sidewalk Area (Box + Cover = Cost) 1" Meter: 17.60+13.80 $31.408 2: Meter: 21.00 + 21.30 $42.30 For Traffic & Alley Areas (Box + Cover = Cost) 1" Meter: 17.60+30.80 $48.40 2" Meter: 21.00 + 120.00$141.00 ------- C- 5200-5029 Development Services Fee TBD ReceiptNo. DNRe/v- 12-09-2009 5200-5015 Final Tract Map Checking Fee Certificate of Compliance Fee (+100% of hriy over 3 hrs) $270.00 For Finance Use only C- 5200-5029 Development Services Fee TBD ReceiptNo. DNRe/v- 12-09-2009 5200-5015 Final Tract Map Checking Fee $3,270.00 5200-5026 Final Parcel Map Checking Fee - Simple $350.00 5200-5027 Final Parcel Map Checking Fee - Moderate $2,150.00 5200-5027 Final Parcel Map Checking Fee - Complex $3,270.00 5200-5027 Lot Line Adjustment Fee $1,020.00 5200-5028 Park Dedication Fee Zone _ TBD 4310-470_ Street Easemt/Vacation Fee (+100% of hriy over 4 hrs) $920.00 5200-5031 Street Tree Fee ($700 Planting Fee) TBD 030-2284 Enr/r Tech: Total Amount Due: For Finance Use only C- -�* 3'70 . oD Public Works Specialist: ReceiptNo. DNRe/v- 12-09-2009 2oT I' 31 ` { {Ql f./users/pbw/sharetl/encroach/masters/epfeesheel.xls 8-60Oxl%�k u,: l i?,j6f401 Cc a"' Sc�,J4 6'i@ 0110. 0 jj(,) LIk l ljo i die -S ieeuL_ `iAejed . euk Ate- 6-� tie ( - The a "s .tip a �"�t0�e iii;�np �v�t.n �t'Al� �►W C rirru�.Nry i : R L— lu(A a I ci:j,S irlga Phone: 7lq 3% . Email Address: —JA 6 L .00'n Mailing Address: City State/Zip: OWNER: -�17ek,Pl jPhone: Email Address:_T4q G Jav�t ,vGtd� Ce/n'1 Mailing Address: City/State/Zip: SCA uldl `7AJAJiOlAD QST t I "(' Co, W(F&-6 ------------- Office Phone: Company (if different): Jobsite Phone: Other Phone: Email Address: Mailino Address: rifu1sfnfa17in- zaate License Nnmber 6 class: City Business License Number: Expires: Expires: WORKERS COMPENSATION INSURANCE -Certificate of Insurance (Section 3800 Labor:jj Code) Company: Policy No: Expires: REFUNDABLE DEPOSIT INFORMATION (If Applicable): Refund Payable To: Mail Refund To: 11 n „q Special Conditions of Permit: Services: A/V� I Traffic: Other: rks Specialist: Fire: Permit No. N2010- Ll q . 3300 Newport Boulevard, Newport Beach, CA 92663 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Public Works Department City of Newport Beach Post Office Box 1768 Newport Beach, CA 92658-1768 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2010-0036) THIS AGREEMENT is made and entered into this day of , 2010, by and between Richard Glassman and Irena A. Glassman, Trustees of The Glassman Revocable Living Trust dated October 15, 1999 (hereinafter "OWNER"), and the City of Newport Beach, California, a municipal corporation organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California, (hereinafter "CITY"). OWNER is the owner of property located at 215 30th Street, Newport Beach, California 92663 and legally described as Lot 6, Block 130 of Lake Tract , as shown on a map recorded in Book 4, Page 13 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California Assessor Parcel Number 047-071-13. WITNESSETH: WHEREAS, OWNER desires to construct certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the alley right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to the parcel legally described as Lot 6, Block 130 of Lake Tract, as shown on a map recorded in Book 4, Page 13 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, California; also known as 215 30th Street, Newport Beach, California; and WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with CITY's ability to construct, operate, maintain, and replace CITY and other public facilities and improvements within RIGHT-OF-WAY; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct and maintain said PERMITTED IMPROVEMENTS. NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as: a. a 4 inch PVC pipe sleeve and 2 inch Schedule 40 PVC drain pipe connected to the City's storm drain inlet which encroaches 4 feet 4 inches into the alley right of way. appurtenances in the alley right-of-way as shown on EXHIBIT "A" attached hereto and as approved by the Public Works Department. In addition, if any of the PERMITTED IMPROVEMENTS actually built or installed during the time of construction vary from the PERMITTED IMPROVEMENTS approved herein, such variations or changes must be approved in advance by the Public Works Department and shall be shown on the "As Built" plans. 2. CITY will permit OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within a portion of RIGHT-OF-WAY, if in substantial conformance with the plans and specifications on file in the CITY. CITY will further allow OWNER to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 3. Rights granted under this Agreement may be terminated by CITY at any time by giving 60 -day notice, specifying in said notice the date of termination. CITY shall incur no liability whatsoever in the event of the termination of this Agreement, or subsequent removal of improvements by CITY. 4. OWNER and CITY further agree as follows: a. OWNER may construct and install PERMITTED IMPROVEMENTS and appurtenances incidental thereto, in substantial conformance with the plans and specifications on file in the CITY's Public Works Department, and as described on Exhibit "A" attached hereto. b. OWNER shall maintain the PERMITTED IMPROVEMENTS in accordance with generally prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under said PERMITTED IMPROVEMENTS, except as otherwise provided herein. Encroachment Agreement P a cg e 12 C. If City or other public facilities or improvements are damaged by the installation or presence of PERMITTED IMPROVEMENTS, OWNER shall be responsible for the cost of repairs. d. That should CITY be required to enter onto said RIGHT-OF-WAY to exercise its primary rights associated with said RIGHT-OF-WAY, including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public facilities or improvements, CITY may remove portions of the PERMITTED IMPROVEMENTS, as required, and in such event: (i) CITY shall notify OWNER in advance of its intention to accomplish such work, provided that an emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal, replacement, or restoration of the PERMITTED IMPROVEMENTS affected by such work by CITY. (iii) CITY agrees to bear only the cost of any removal of the PERMITTED IMPROVEMENTS affected by such work by CITY. (iv) OWNER agrees to pay all costs for the renewal, replacement, or restoration of the PERMITTED IMPROVEMENTS. 5. In the event either party breaches any material provision of this Agreement, the other party at its option may, in addition to the other legal remedies available to it, terminate this Agreement, and, in the event the breaching party is OWNER, CITY may enter upon the RIGHT-OF-WAY and remove all or part of the improvements installed by OWNER. Termination because of breach shall be upon a minimum of ten (10) day notice, with the notice specifying the date of termination. In the event of litigation, commenced with respect to any term of condition of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees and costs incurred. 6. OWNER shall defend, indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (when outside attorneys are so utilized), regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the design, construction, maintenance, or continued existence of the PERMITTED IMPROVEMENTS. Encroachment Agreement Page 13 7. OWNER agrees that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of OWNERS' interest in the land, whether fee or otherwise, and shall be recorded in the Office of the County Recorder of Orange County, California. 8. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 9. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 10. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 11. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 12. OWNER shall at OWNER'S own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 13. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. Encroachment Agreement Page 14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: �- l�R' /�✓ 4yr&Ke Bea amp, Assistant C49ttorney ATTEST: By: �'�lNVti��X. Leilani I. Brown, City CITY OF NEWPORT BEACH, a Municipal corporation By: �/- G..lC 1 Dai . Kiff, City Manager OWNER By: 1. 1 Richard Glassman, Trustee The Glassman Revocable Living Trust dated October 1999 )7 I�— By: _ f0AN�I Irena A. Glassman, Trustee The Glassman Revocable Living Trust dated October 15, 1999 ATTACHMENTS: EXHIBIT A—Plans as approved by Public Works STATE OF CALIFORNIA ) COUNTY OF' O-{R-ANGE On2010, before VV' G lV Notary Public, personally appeared (owners) ho oved to me on the basis of satisfactory evidence to be the person whose named is/ subscribed to the within instrument and acknowledged to me that hes /�y has executed the same in his/h>�r/tAir authorized capacity(@Q, and that by his/h r/th slgnaturex on the instrument the pe�rsbnKor the entity upon behalf of which the person ac ed, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. *Ufflicin- No d for said State L. WASHINGTON 71 On Commission X 1840150 Z F o Notary Public - California Orange County > —My Comm. Expires Mar 12.2013+ (This area for official notarial sea]) Encroachment Agreement Page 15 ACKNOWLEDGMENT State of California County of On before me, Li I) 2 q n> C (ins rt name and title of the offi er) personally appeared i �% f «i��z Zre-/pit- R who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DOW Commission S Not711 ary Publlo - California Orange County � MyCornm.ExplresJrn20,2010J Signature ��� (Seal) s /) \) (b w) U� )\ � \ ` ■ T a i a 0 M d N r� RICHARD & IRENA A. GLASSMAN December 9, 2008 Mr. David Keely, P.E. Senior Civil Engineer City of Newport 3300 Newport Blvd. Newport Beach, CA 92663-3884 Dear Mr. Keely, Thank you for your update and conversation with both of us today. We were contacted by Matt Cosylion yesterday regarding the Notice of Violation dated December 1, 2008 (obstruction of public way). The facts remain that the Public Works department signed off in 2003 on how we are routing city water from our basement to the catch basin/French drain in the alley behind 30th Street adjacent to the Albertson's parking lot. We have made no changes since the sign -off Now, Matt is telling us we need to make a change, a change Matt has indicated you require. As he has described the change, we are concerned about the unintended consequences of additional noise from the air being sucked through the pipes as the sump pumps turn off as well as the liability to the city or us as public access to garage(s) and the alley is blocked during construction. The alternative of running the pipes to the front of the house and constantly dumping gallons and gallons of water a day to run down the street seems like a poor alternative (not to mention that the person complaining now, will really be upset). Can we coordinate a time to meet at the property (215 30th Street) for next week or the week after? Early mornings are best. IreriaGlassman Richard Glassman Contact Information: Primary Contact Person - Irena Glassman/714.325.9539/iaglass@aol.com Secondary Contact Person — Richard Glassman/714.325.9141 /glassmanrich@aol.com Attachments: Scanned/Printed copy of Original complaint dated October 18, 2004 Scanned/Printed copy of Letter to Jim Auga, Ed Burt, Jim Delicce, John Kappeler and Fong Tse dated October 25, 2004 acknowledging complaint was closed Scanned/Printed copy of screen showing complaint closed Scanned/Printed copy of new complaint dated December 1, 2008 Scanned/Printed copy of letter to Matt Cosylion dated December 4, 2008 Copies to: Matt Cosylion via email and US Mal David Keely via email and US Mail 20398 VIA TRINIDAD • YORBA LINDA, CA • 92886-3041 PHONE: 714-325-9539 • FAX: 714-970-9056 NO'FICE UN' V1ULA'1'ION OFFICE OF THE CITY MANAGER Code & Water Quality Enforcement 3300 Newport Boulevard No.12�- wGIP WARNING ONLY T�f PREVIOUSLY ADVISED Newport Beach, CA. 92663 FINAL WARNING (949) 644-3215 Date io s e Time An inspection of the premises located at violation(s) of the Newport Beach Municipal Code. in the City of Newport Beach, revealed a Name of owner or business: 'Address if different: T IS V LA 1 N MUST BE CORRECTED ON OR BEFORE If the violation is not corrected by the date specified, an ADMINISTRAf IV9 CITATION may be issued and penalties will begin to accrue ($100.00, $200.00 AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, revocation of permits, recordation of notice of violation, withholding of future municipal permits, criminal prosecution and/or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. foregoing is true and correct to the best of my knowledge. Executed on the date shown above. PRINT NAME OF ISSUING OFFICER IOa TION CLEARED AS OF WHITE (Violation Copy) CANARY (Officer Covv) 215 30" Street Newport Beach, CA 92663 714-970-9056 (Fax), 714-325-9141 (Mobile) iaglass@aol.com October 25, 2004 Mr. Jim Auga Mr. Ed Burt Mr. Jim Delicce Mr. John Kappeler Mr. Fong Tse, P.E. City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658-8915 Via Email and US Mail Re: 215 30`h Street, Newport Beach, CA 92663 Gentlemen: Thank you for addressing my concern regarding the discharge of water rising in my basement. As reviewed onsite today by Mr. Auga, Mr. Burt, Mr. Delicce and Mr. Kappeler, the sump pumps connected via PCV pipe to an industrial strength hose running directly into the storm drain in the alley behind 30th street is acceptable. I understand that Mr. Tse has been informed and he agrees with the solution. (I have copied Mr. Cosyliou of Code & Water Quality Enforcement and hope that this letter satisfies the citation he issued on October 18`h , 2004 - No. 12004-1256.) I applaud your outstanding customer service and open dialogue to solve the water seepage problem in my basement. Sincerely Mr. Richard Glassman Copy to: Mr. Matt Cosylion ............................ y. � g J H4Jl�'gs.M.neaxt-0eam ce �xryenrxsMaWhl+o.emryvnt_�wlmm�mm 4� 1n __. _.. _. ___... ➢ mIIENy0.1be[ UPWiI"£9 6SaN[ LL45C0 >���. ALLELEL PVC PIPE 0.IXlIIIIL FROn p24SEY.ttYO iiPan paglN CCIWLAtM- �_ _ _ 0>-16dd O[CYOgn[y [le[aCOJe 1 Sub.Ty➢e IMii4 -EgiQi1'i4Y ERISFd 9{h i0.>StW]. NOTICE OF VIOLATION OFFICE OF THE CITY MANAGER Code & Water Quality Enforcement 3300 Newport Boulevard Newport Beach, CA. 92663 (949) 644332215 Date �cX % �� Time An inspection of the premises located Code. No. WARNING ONLY PREVIOUSLY ADVISED ( j FINAL WARNING f� Name of owner or business: Address if different: ? NEWPORT BEACH MUNI. DESCRIPTION OF VIOLATION(L- CODE SEC. —f7t3�51ltuG7`lGZ� �Lf./3LZG i2��/17—oF '$ Y THIS __ I ATION. MUST BE. CORRECTED ON OR _ ..BEFORE �2 . If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00 AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, revocation of permits, recordation of notice of violation, withholding of future municipal permits, criminal prosecution and/or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. The foregoing is true and correct to the best of my knowledge. Executed on the date shown above. SIGNATURE OP I55 C O ER PRINT NAME OF ISSUING OFFICER IDa ,�-CDSy G VIOLATION CLEARED AS OF WHITE (Violation Copy) CANARY (Officer Copy) RICHARD & IRENA A. GLASSMAN December 4, 2008 Mr. Matt Cosylion (ID# 0309) OFFICE OF THE CITY MANAGER Code & Water Quality Enforcement 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mr. Matt Cosylion, In July of 2003 this issue was resolved. We have made no changes and the previous city issuing officer signed -off the configuration ("pipes from the alley way' to the storm drain). The specific people I worked with were: Ed Burt, Fong Tse, RE, Jim Auga, and Jim Delicce. I know that Mr. Auga and Mr. Delicce came to my property and then met with Fong. All three signed off and I walked the Notice of Violation over to your department. They concurred and per the screen below signed off. Has something changed? If so, please advise. Sincerely, Richard Glassman Irena A. Glassman IG/ia NED 20398 VIA TRINIDAD • YORBA LINDA, CA • 92886-3041 — 5 ZOOS PHONE: 714-325-9539 • FAX: 714-970-9056 Public Warks Deparimant Clty of Newpart [leach Keely, David From: iaglass@aol.com Sent: Tuesday, December 09, 2008 12:44 PM To: Keely, David Cc: Cosylion, Matt; GlassmanRich@aol.com; laglass@aol.com Subject: Notice of Violation: 215 30th Street Attachments: Newport_ Violation_ Scanned Docs_120908_5pgs.pdf Dear Mr. Keely, Thank you for your update and conversation with both of us today. We were contacted by Matt Cosylion yesterday regarding the Notice of Violation dated December 1, 2008 (obstruction of public way). The facts remain that the Public Works department signed off in 2003 on how we are routing city water from our basement to the catch basin/French drain in the alley behind 30th Street adjacent to the Albertson's parking lot. We have made no changes since the sign -off. Now, Matt is telling us we need to make a change, a change Matt has indicated you require. As he has described the change, we are concerned about the unintended consequences of additional noise from the air being sucked through the pipes as the sump pumps tum off as well as the liability to the city or us as public access to garage(s) and the alley is blocked during construction. The alternative of running the pipes to the front of the house and constantly dumping gallons and gallons of water a day to run down the street seems like a poor alternative (not to mention that the person complaining now, will really be upset). Can we coordinate a time to meet at the property (215 30th Street) for next week or the week after? Early mornings are best. Sincerely Irena Glassman Richard Glassman Contact Information: Primary Contact Person - Irena Glassman/714.325.9539/iaglassgaol.com Secondary Contact Person—Richard Glassman/714.325.9141/,glassmanrich�aol.com Attachments: Scanned/Printed copy of Original complaint dated October 18, 2004 Scanned/Printed copy of Letter to Jim Auga, Ed Burt, Jim Delicce, John Kappeler and Fong Tse dated October 25, 2004 acknowledging complaint was closed Scanned/Printed copy of screen showing complaint closed Scanned/Printed copy of new complaint dated December 1, 2008 Scanned/Printed copy of letter to Matt Cosylion dated December 4, 2008 Copies to: Matt Cosylion via email and US Mail David Keely via email and US Mail Listen to 350+ music, sports, & news radio stations — including songs for the holidays — FREE while you browse. Start Listening Now! CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director January 11, 2010 Mr. Richard Glassman 20398 Via Trinidad Yorba Linda. CA 92886 Subject: Remove and Relocate Above Ground Discharge Pipe from Alley Behind 215 30th Street Dear Mr. Glassman: On December 1, 2008, the City's Code and Water Quality Enforcement Division issued a Notice of Violation for obstruction of the public right of way (M.0 10.50.020) for the above ground discharge pipes in the alley behind 215 30th Street. The required corrections for the notice of violation indicated: Remove all of the pipes from the alley way; Contact the City's Public Works Department; and All discharges into the storm drain system must be approved by the City. Since the notice of violation was issued, we have discussed the issue several times at on-site meetings, telephone conversations, e-mails and letters. The numerous discussions assisted in compiling information for this long standing issue (previous Notice of Violation in 2004). In addition, in October of 2009 staff received complaints from nearby residents regarding noise from the discharge. City Staff resolved the noise issue by removing a small portion of the inlet grate to remove the pinch in the discharge hose. Also, City staff lengthened the discharge hoses so that the water would discharge further down the outlet pipe reducing the noise due to discharge. As discussed at our last on-site meeting (November 20, 2009), the discharge shall comply with Council Policy L-18 (see attached), with the exception of the five (5) gallons per day maximum discharge. The discharge pipe shall be located underground and connected directly to the City's storm drain system in the alley. As indicated in Council Policy L-18, an encroachment permit and encroachment agreement shall be obtained to 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3311 • Fax: (949) 644-3318 • www.city.newport-beach.ca.us „., to+rt N' <.__ .07ii•'yil+i 4=F MuSur 25. IMP, "Ir Ab Nup 'b'l.E. K! Bum N ion l t ii::v NO A K HU Lir : s; t. P L cin 01 ° e po n i-'.ml2 PAT Box 176S N.E et j7s: ; RMS t .� ft�;{!jS-S`r'i' 1.> E ,r , to€ci I_ S �faz:I fie: ' 15 TO .`JIi`e . 1..)il pu 2 SOL t a1 0264- t.IO.A."sednm 111"aliss,da. 1fur addiesslnf-', ml lu,).ti,ti:m 4 cfaCiiiq thedischarge 4 1 vali rising in my, base}?ia"S}i.. ,1. ,c-viev c.'i ,.msite ti dei i'1 11I, :kuk 1, Mr, d3vrt. Mi Dcliccs and Mr i .appeiti, [hc sump p ntp cc €,§?vied } Eu 11CV7 pille of wl i9 klu4 tvi °? stretigth hose dunning disc [.. caro) S:Iac 5,torm dram, $n tate YiII�A" h.E nel x{t.. Stv(,C,t is .icceptai,,ie, 1. Ld11Cii.4d.,mi Ei'm No. .l w has beci informed amml lie iid_?!vc) ., will) tlaG ,olulk” '' iittb°e t} ved Mr. COX, ou cKb4c & Mair Quality C.� "orecinent, and hope that this lriitta ha, c talon li' AUt.3,X71 6}4Yt ber 11M. TAM . lie. 1 "ti?, i_1''iI; } I dlaLm x ,sS6k3' m *tanning cost n-wi S rvice and iTen dialugue to olve the wafer sec^pai in nr, ilii encu i`-:. Cop, to 10% Mali C`?vywott 21530 Ih Street January 7, 2010 Page 2 of 2 underground the discharge pipe and directly connect it to the City's storm drain system. The owner's contractor shall have an "A" license and City business license to perform the required work in the public right-of-way. The encroachment permit shall be obtained prior to any work within the public right-of-way. The Citx's General Services Department will be installing a new inlet in the alley behind 215 30 Street and reconstructing the area around the inlet. The owner's contractor shall coordinate with City staff regarding the installation of the underground discharge pipe and the City's work. City staff is willing to underground the pipe in the area that the City is reconstructing, provided that the owner's contractor provides the discharge pipe. The owner's contractor would be responsible for installing the remainder of the pipe from the terminus of the City installed pipe to your property line. The discharge pipe shall be a single pipe no more than 2 inches in diameter. The City plans to complete this work in the first part of February. Please contact Jim Auger, General Services Department Operations Support Superintendant at (949) 718-3477 regarding discharge pipe requirements, installation dates and pre -construction meetings. Please be advised that if the required private improvements are constructed after the City has completed its improvements, extensive repairs/reconstruction of the alley will be required at additional cost to the owner. Please respond to this letter by Friday, January 22, 2010. Should you have any questions, please feel free to contact me at 949-644-3349 or e-mail me at dkeely , _newportbeachca.gov. Respectfully, David Keely, RE Senior Civil Engineer CC: Steve Badum, Public Works Director Tony Brine, City Traffic Engineer Matt Cosylion, Senior Code & Water Quality Enforcement Office Shane Burckle, Water Conservation Coordinator Jim Auger, GS Operations Support Superintendant Attachments: NOV Dec. 1, 2008 NOV Nov. 10, 2004 Council Policy L-18 f:\users\pbw\shared\encroach\notice of violation\2009\215 30th st\215 30th street.doc PROTECTION OF WATER QUALITY: DRAINAGE - PUBLIC RIGHTS-OF-WAY PURPOSE L-18 This policy, along with Policy L-22 (Water Quality Management Plans), is intended to minimize dry -weather runoff and runoff from small rain events (collectively referred to as "runoff' in this Policy) in an effort to improve water quality of Newport Bay, water quality -limited receiving waters (like Buck Gully) and the near -shore ocean environment. The motivation for this Policy, in addition to the community's interest in clean water, is in part the adoption of new regulations upon the City of Newport Beach by the California Regional Water Quality Control Board, Santa Ana Region ("Regional Board") contained in the Regional Board's Order # R8-2002-0010, NPDES No. CAS618030. FINDING Runoff from irrigation overspray, overwatering, roof drains, patio and deck drains, and washdowns of hardscape areas contribute flow to the street drainage systems and natural watercourses which then convey pollutants such as pesticides, fertilizers, pet waste, oil, engine coolant, gasoline, hydrocarbons, brake dust, tire residue, and other pollutants into surface waters. POLICY Whenever possible, runoff should be retained on private property to prevent the transport of these pollutants in the manner described below. Reduction, retention or diversion of runoff can benefit property owners through water conservation and reuse of water that would otherwise drain to the City's street drainage system and our harbors, bays, and ocean. A. Curb Drains. Curb drains have been utilized as a means of draining sump areas and roof drains within a property by conveying flows via subsurface piping systems to the curb gutter. Curb drains typically convey runoff directly to the City's street drainage system without the benefit of absorption by permeable surfaces and natural treatments such as landscaped areas and planters. Whenever possible, runoff shall be diverted through planted areas or sumps that recharge the groundwater dry wells. The use of permeable surfaces affords the opportunity to use the natural filtration properties of the earth to prevent the 1 1.18 transport of harmful materials directly to our water resources. The use of curb drains to drain private residential and commercial property shall only be permitted as follows: 1. New Development/ Redevelopment - see Policy L-22. 2. Reconstruction or Grading of Existing Properties - The grading/ drainage for additions and/or modifications to existing properties including the construction of patios, decks, roof drains, downspouts, gutters or substantial grading remodel (grading affecting over 50% of the existing yard/setback areas that alter existing drainage patterns) shall be designed to retain and/or direct urban runoff into planted/permeable areas. Curb drains and subsurface piping shall be permitted for secondary or overflow of hardscape or planted areas to prevent dwellings from flooding due to significant (defined for this Policy as more than 3/4" of rain in any 24- hour 4hour period) storm events only. Curb drains may be permitted to correct existing drainage problems on a case-by-case basis after all reasonable alternatives are explored. Curb drains, when approved, shall have a French drain system of perforated pipe and gravel unless site-specific circumstances endanger public safety so as to prohibit its use as determined by the Public Works Director. B. Parkway permeability. The City's parkway areas represent the last opportunity to retain and allow urban runoff to percolate into the earth before entering the City's street drainage system. Non -sidewalk areas within the City's parkway areas (defined as the area between the curb and the street right of way/ property line) shall utilize permeable surfaces that permit the percolation of urban runoff. Non -permeable parkway surfacing within the area between the street curb and sidewalk for decorative (non -pedestrian) purposes, installed at grade, not to exceed 25% of the parkway area (between back of curb and sidewalk) less driveways and carriage walks when installed in conjunction with landscaping, irrigation, and street trees is permitted in accordance with Council Policy L-6. Decorative materials include colored, stamped, and patterned concrete; brick, pavers, and stone masonry, pavers, flat stone, and brick set in sand; and other materials as approved by the Public Works Department. C. Down Slope Drains. Wherever practical, private property drainage shall be diverted away from bluffs or steep slopes (2:1 slopes or greater). The design shall include: 2 L-18 1. Hydrological and hydraulic calculations in conformance with the latest edition of the Grange County Drainage Design Manual; 2. Subsurface piping system utilizing approved piping materials which incorporate sealed joints; 3. The drainage system shall have a French drain system of perforated pipe and gravel, dry well, or similar device to percolate low flow urban runoff unless site-specific circumstances endanger public safety or improvements so as to prohibit its use as determined by the Public Works Director; 4. The outlet of any slope drain shall be directly connected to the City's subsurface drainage system when the property abuts any public right of way containing subsurface drainage facilities. If no City subsurface drainage facilities are present, the slope drainage shall discharge into surface street drainage improvements and incorporate appropriate energy dissipation; and 5. Any permitted flow shall not create continuous standing water within City street gutters, pose a hazard to safe motor vehicle or pedestrian use, or create a nuisance such as odor or algae growth. The property owner will accept responsibility to maintain the slope drainage facility and will execute a -non-standard permit agreement with the City. The City reserves the right to revoke this agreement at any time for non-compliance. D. Sump discharges into the public right of way. Permanent sump pump discharges shall be permitted as follows: Permitted sump pump discharges shall be piped directly to the City' storm drain system whenever that proposed discharge occurs within 50' of the City's storm drain. Connections to the cies storm drain shall be in accordance with City standards and executed under a valid encroachment permit from the Public Works Department. 2. The permittee and the City have executed a non-standard permit agreement which authorizes the City to revoke the permit at any time for non-compliance. 3 L-18 3. Discharges from permanently installed sump pumps of basement garage spaces (areas with motor vehicle storage) shall not be permitted within the public right of way. 4. Storage areas and living areas below natural grade as permitted by the Building Department may discharge sump pump flow into the City's street drainage system provided that: The property owner show evidence of all approved permits as required by the Regional Water Quality Control Board and other jurisdictional agencies; The discharge flow must not be continuous and be shown to be less than five (5) gallons per day; and The permitted flow shall not create continuous standing water within City street gutters, pose a hazard to safe motor vehicle or pedestrian use, or create a nuisance such as odor or algae growth. E. Construction Dewaterin¢. Construction dewatering as permitted by the Building Department may discharge pump flow into the City s street drainage system provided that: The property owner show evidence of all approved permits as required by the California Regional Water Quality Control Board and other jurisdictional agencies; The permitted flow shall not create continuous standing water within City street gutters, pose a hazard to safe motor vehicle or pedestrian use, or create a nuisance such as odor or algae growth; and An encroachment permit be executed in accordance with City Council Policy L-6, including authorization for the City to revoke this permit at any time for non-compliance. Adopted - April 23, 2002 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director June 17, 2010 Richard Glassman The Glassman Revocable Living Trust 20398 Via Trinidad Yorba Linda, CA 92886 SUBJECT: Non -Standard Improvements in Public Right -Of -Way (EPN2010-0036) at 215 30th Street Dear Mr. Glassman: Your request to construct non-standard improvements in the Public Right -of -Way at 215 30th Street will require issuance of an Encroachment Permit from the Public Works Department and execution of an Encroachment Agreement. Please execute both copies of the attached Non -Standard Encroachment Agreement (attached) using a notary and signing in BLUE INK, return them to my attention for processing. If you have any questions or need additional information, please feel free to call me at (949)644-3349. Sincerely, AiKeeIy Senior Civil Engineer 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3311 • Fax: (949) 644-3318 • www.city.newport-beach.ca.us �� P i RICHARD & IRENA A. GLASSMAN December 4, 2008 Mr. Matt Cosylion (ID# 0309) OFFICE OF THE CITY MANAGER Code & Water Quality Enforcement 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mr. Matt Cosylion, In July of 2003 this issue was resolved. We have made no changes and the previous city issuing officer signed -off the configuration ("pipes from the alley way' to the storm drain). The specific people I worked with were: Ed Burt, Fong Tse, RE, Jim Auga, and Jim Delicce. I know that Mr. Auga and Mr. Delicce came to my property and then met with Fong. All three signed off and I walked the Notice of Violation over to your department. They concurred and per the screen below signed off. Has something changed? If so, please advise. SZtb3—DS7,1I e5L.G U0 . IG/ia Sincerely, i Richard Glassman Irena (f4man 20398 VIA TRINI A LINDA, CA • 92886-3041 PHO N 14-325-9539 FAX: 714-970-9056 NOTICE OF VIOLATION OFFICE OF THE CITY MANAGER Code & Water Quality Enforcement 3300 Newport Boulevard Newport Beach, CA. 92663 (949) 6443215 Date X:2//� Time WARNING ONLY j PREVIOUSLY ADVISED FINAL WARNING K An inspection of the premises located at ";1'1'5 , S o%i / ': � in the City of Newport Beach, revealed a vialation(s) of the Newport Beach Municipal Code. Name of owner or business; Address if different NEWPORT BEACH MUNI. DESCRIPTION OF ITOLATIOWSP �t� so 0.,70 - OC3�sTituG�1Gsd � pva�c �r�i�r-o,� _. _THIS-__ VIOLATION _.MIST BE. _ CORRECTED ON OR --BE FORE If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00 AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, revocation of permits, recordation of notice of violation, withholding of future municipal permits, criminal prosecution and/or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. The foregoing is true and correct to the best of my knowledge. Executed on the date shown above, SIGNATUREOFISS GOFF R PRAT NAME OF ISSUING OFFICER ID# --." /�yyT—cosy � VIOLATION CLEARED AS OF WHITE (Violation Copy) CANARY (Officer Copy) I PRESORTED FIRST CLASS 215 30" Street Newport Beach, CA 92663 714-970-9056 (Fax) 714-325-9141 (Mobile) • iaglass@aotcom October 25, 2004 Mr. Jim Auga Mr. Ed Burt Mr. Jim Delicce Mr. John Kappeler Mr. Fong Tse, P.E. City of Newport Beach 3300 Newport Blvd, P.O. Box 1768 Newport Beach, CA 92658-8915 Via Email and US Mail Re: 215 30'b Street, Newport Beach, CA 92663 Gentlemen: Thank you for addressing my concern regarding the discharge of water rising in my basement. As reviewed onsite today by Mr. Auga, Mr. Burt, Mr. Delicce and Mr. Kappeler, the sump pumps connected via PCV pipe to an industrial strength hose running directly into the storm drain in the alley behind 30th street is acceptable. I understand that Mr. Tse has been informed and he agrees with the solution. (I have copied Mr. Cosyliou of Code & Water Quality Enforcement and hope that this letter satisfies the citation he issued on October 18th, 2004 - No. 12004-1256.) I applaud your outstanding customer service and open dialogue to solve the water seepage problem in my basement. Sincerely, Mr. Richard Glassman Copy to: Mr. Matt Cosylion Rm $� 1 ----d 0 cn U) cn GO (n C, r $� 1 ----d 0 F� Keely, David From: Tse, Fong Sent: Wednesday, December 10, 2008 3:30 PM To: Keely, David Subject: RE: 215 30th Street That's what I remember. From: Keely, David Sent: Wednesday, December 10, 2008 3:25 PM To: Tse, Fong Subject: RE: 215 30th Street Fong, Thanks for chatting with me regarding 215 30th Street. As I understand it the previous approval allowed the owner to discharge to the storm drain in the alley behind 213 30th Street. The owner had to install a clarifier on private property prior to discharge. Also the above ground pipe were to be incase in concrete and run along the base of the wall to the storm drain. The rigid discharge pipe would terminate in the storm drain. Also, it was determine at that time that discharge into the gutter was impractical due the amount of water being pumped out of the basement area. Did I miss anything? Thanks Dave From: Tse, Fong Sent: Wednesday, December 10, 2008 1:45 PM To: Keely, David Subject: RE: 215 30th Street No. The approved version was more conventional. From: Keely, David Sent: Tuesday, December 09, 2008 11:39 AM To: Tse, Fong Subject: 215 30th Street Fong, Was this the configuration that was approved (see attached photo)? Was there a requirement to prepare an EA for this? Thanks. Keeiy, David From: Auger, Jim Sent: Tuesday, December 09, 2008 12:59 PM To: Keely, David Cc: Miller, Tom Subject: FW: 215 30TH ST FYI From: Pappas, Maria Sent: Wednesday, December 03, 2008 8:56 AM To: Auger, Jim Cc: Okada, Randy Subject: RE: 215 30TH ST Okay, Jim... Unfortunately I don't think I'm going to be able to give you any more info than you could come up with on your own because I don't really know. I would suspect that CB03_152 is PVT since it has a pvt SD line on either side, and is mapped on a pvt parcel, but C1303_153 is a tough call. If CB03_153 is truly mapped in the correct position then I'm inclined to say it's more likely a City CB, but I really don't know. The source is 'FIELD' which to me implies that someone on a SD crew told GIS staff to map the CBs and associated lines as seen. Frankly I'm a bit baffled by what I'm looking at and am wondering where, and which way the storm water actually goes! Perhaps someone in Public Works can answer your question. I'm including Randy Okada in this email. Perhaps if this is not a question he can address he will know who to forward your original question to. Thanks Randy. From: Auger, Jim Sent: Tuesday, December 02, 2008 2:36 PM To: Pappas, Maria Subject: FW: 215 30TH ST Maria, Good afternoon. Can you please verify these the two catch basin/grates if they are private or the City's. I'm just double checking things on my end. Atlas page: M05 CB03_153 CB03_152 Thanks, Jim From: Kappeler, John Sent: Tuesday, December 02, 2008 1:58 PM To: Okada, Randy Cc: Cosylion, Matt; Lee, Iris; Auger, Jim Subject: RE: 215 30TH ST Randy Assuming the property owner comes in for an encroachment agreement, we'll also need him to test the water quality of the discharge before issuance of the EA. He needs to comply with the monitoring requirements in the City's DeMinimus Permit R8-2004-0021. Iris can help you with the monitoring details and reporting requirements. Thanks, John From: Cosylion, Matt Sent: Monday, December 01, 2008 4:48 PM To: Kappeler, John; Auger, Jim Subject: 215 30TH ST Good Afternoon, I sent the property owner a NOV today regarding the piping. According to public works, that catch basin is a private drain. This means that the property owner will have to obtain an encroachment agreement with the City to run the piping under the alley way and then seek approval from the property owner of the Albertson's shopping center to discharge into their drain. Hopefully, the property owners allow it. Have a good night. Matt Cosylion Senior Code & Water Quality Enforcement Officer Office of the City Manager 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644-3217 fax.(949) 718-1840 Keely, David From: Auger, Jim Sent: Tuesday, December 09, 2008 1:05 PM To: Keely, David Cc: Miller, Tom Subject: RE: Storm Drain behind 213 30th Street Tom & I have been cleaning this storm drain grate for years, and I was told many years ago that it's the City's. The outlet pipe drains into another grate behind the Albertson's property. After reading Maria Pappas's email, I'm not sure. If you need to meet Tom & I on site, please give us a call. Thanks. Jim From: Keely, David Sent: Tuesday, December 09, 2008 11:28 AN To: Auger, Jim; Miller, Tom Subject: Storm Drain behind 213 30th Street Jim and Tom, A property at 215 30th Street is currently discharging directly into the storm drain in the alley. I think this is one that Jim looked at a few years ago. Do you know if that is a City inlet or is it the Albertsons property? Any additional info on this would be appreciated. Thanks David Keely, P.E. Senior Civil Engineer City of Newport Beach Tel: (949) 644-3349 Fax: (949) 644-3318 Public Works Deportment -- AWell-Engineered Machine Protecting and prodding quality public improvements and services Keely, David From: Auger, Jim Sent: Tuesday, December 09, 2008 3:58 PM To: Keely, David Subject: RE: Storm Drain behind 213 30th Street This was not approved by General Services, and I think the home owner installed it on his own. Some years back, Jim Sinasek or John Kappeler and I had the home owner at that time remove one W PVC pipe that was attached to the top of the metal grate. The current drainage set-up is completely different from the one from years back. From: Keely, David Sent: Tuesday, December 09, 2008 3:10 PM To: Auger, Jim Subject: RE: Storm Drain behind 213 30th Street From your memory is this was approved a few years ago? << File: 215 30th -2.jpg >> << File: 215 30th -1.jpg >> From: Auger, Jim Sent: Tuesday, December 09, 2008 1:21 PM To: Keely, David Subject: RE: Storm Drain behind 213 30th Street 10-4. From: Keely, David Sent: Tuesday, December 09, 2008 1:17 PM To: Auger, Jim Subject: RE: Storm Drain behind 213 30th Street Thanks. I'll let you know if we need to meet. Thanks From: Auger, Jim Sent: Tuesday, December 09, 2008 1:05 PM To: Keely, David Cc: Miller, Tom Subject: RE: Storm Drain behind 213 30th Street David, Tom & I have been cleaning this storm drain grate for years, and I was told many years ago that it's the City's. The outlet pipe drains into another grate behind the Albertson's property. After reading Maria Pappas's email, I'm not sure. If you need to meet Tom & I on site, please give us a call. Thanks. M N is NEWPORT 6L �,tjgrELLANEC l l6l, w 5.V � •At e� tion M11� 6 Nb j,./ g"r1 y e� &x'413 s c co � y c 'C to —l _ co m N LZW tl C s !p m V C m Q M co m m m O c Q _ _ _i _ O s O 0 Lo U U G, 5n cn cn en [ri z a O_ m cn �„� ,_421 $041917 420E d 17' �I�I11A"_`� 424 ' =117� 416 1415 M N is NEWPORT 6L �,tjgrELLANEC l l6l, w 5.V � •At e� tion M11� 6 Nb j,./ g"r1 y e� &x'413 s s CALL • 0 January 22, 1981 of MINUTES DRAFT Beach 11. That arrangements be made with the Public Works Department to guarantee satisfactory ., completion of the public improvements, if is desired to obtain a Building Permit pr o completion of the public improvements. 12. That a Tenta arcel Map shall be filed with the Planning tment prior to the issuance of a Building it for the pro- posed construction and alter i on the property. A Parcel Map 'shall be ded with the County Recorder within six months of the Planning Commission's approva of the required resubdivision application, Request to construct a new single -story, common- cial building in conjunction with the expansion and remodel of the existing Market Basket Item f6 Shopping Center, and related off-street parking USE PERM area in the Unclassified District. The request also includes the acceptance of an off-site parking agreement for a portion of the required parking spaces. NO. 1973 APPROVED CONDI_ LOCATION: Portions of Parcels No. 1 and No. TIONALLY 3 and alt of Parcel No. 2 of Record., Survey 35-25, located at 3100 Balboa Boulevard on the southeasterly corner of Balboa Boulevard and 32nd Street in Central Newport. ZONES: C-1 and Unclassified APPLICANT: Innovative Graphics, Inc., Orange OWNER: William J. Cagney c/o Don R. Adkinson, Newport Beach Mr. Don Webb, Assistant City Engineer, referred to Exhibit "A" of the staff report, Condition No. 3 and suggested that it be revised to read as follows; "3} That the forty -foot wide Lake Avenue right-of-way be vacated with right of access to 32nd Street to be reserved for the owner." -23- M CALL i Motion Al 1 Ayes Absent E 1anuary 22, 1981 of Newport Beach MINUTES Mr. Webb also suggested that Condition No. 11 be added to read as follows: "11) That a vault with traffic cover acceptable to the Public Works Department be constructed over and around the water and fire service meters in Lake Street." Mr. Webb stated that in this way, the existing meters and water lines will not have to be removed. The public hearing opened in connection with this item and Mr. Don Adkinson, representing the owner, appeared before the Commission. Mr. Adkinson stated that they are in concurrence with the con ditions imposed. He requested that the Commi.ssio ask the City Council to initiate the abandonment of Lake Street. Mr. Webb stated that this is an item that can be resolved with the applicant, at the staff level, rather than as a condition of this development. Motion was made for approval of Use Permit No. 1973, subject to the findings and conditions of the staff report and as revised by the Public Works Department as follows, which MOTION CARRIED: FINDINGS: 1. That the proposed expansion is consistent with the Land Use Element of the General Plan and the Draft Local Coastal Plan, and is com- patible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that it does not contemplate any problems. 4. The required parking spaces for the shopping center on a separate lot from the building site is justifiable for the following reasons a) The off-site parking lot is immediately adjacent to the subject property and is easily accessible. -24- u..m.�Et477,�'+ rb,4 ..ia $ COMMISSIONERS 7a i a u ry 22, 19I31 MINUTES undue traffic hazards in the surrounding VP !3 City of Newport Beach area. b) The proposed development will not create undue traffic hazards in the surrounding area. c) The applicant has long-term agreements for the use of the subject off-site parking lot. 5. The approval of Use Permit No. 1973 will not, under the circumstances of this case, be detrimental *v the health, safety, peace, morals, comfort and general welfare of person residing and working in the neighborhood, or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. • CONDITIONS: 1. That development be in substantial confor- mance with the approved plot plan and elevations, except as noted below. 2. That an off-site parking agreement be ap- proved by the City Council, guaranteeing that a minimum of forty-five parking spaces and a portion of twenty-three additional parking spices shall be provided on Parcels E, F and H of Resubdivision No. 301 for the parking of vehicles for the duration of the shopping center use. 3. That the forty -foot wide Lake Avenue right- of-way be vacated with right of access to 32nd Street to be reserved for the owner. 4. That the on-site fire hydrant be relocated in an area approved by the Fire Department, • and an appropriate ten -foot utility easement be dedicated to the City. 5. That a document be executed granting the City the right to drain storm water from the alley' --- (and its tributary area) on the southerly side of the parking lot to and across the parking lot. The document shall also allow the City, if desired, to extend the existing parking lot drain to the aforementioned alley, -25= ..- •.�`Y " 11 A 1[. '; t WI COMMISSIONERS January 22, 1981 MINUTES 5 x � U s & 2 >; City of Newport Beach ALL INDEX, 0 0 The document is to be executed prior to occupancy being granted on any new struc- tures. The wording shall be approved by the City Attorney and Public Works Depart- ment, and the document shall be recorded with the Orange County Recorder's Office. 6. 'that the City Traffic Engineer shall review and approve the parking lot and circulation system prior to the issuance of Building Permits for the new structure. 7. That all signs shall,conform to the Sign. t� Ordi nance. 8. That a landscape and irrigation plan shall: be approved by the Parks, Beaches and Recreation Department. Said landscaping shall be implemented in accordance with the approved plan and the landscaping shall be permanently maintained. 9. That all mechanical equipment and the storage of cartons, containers and trash shall be shielded from view within the �•E building or within areas enclosed by solid walls or fences.. 10. That all exterior lighting shall be approved" by the Planning Cepartment. 11. That a vault with traffic cover acceptable to the Public Works Department be constructs aver and around the water and fire service meters in Lake Street. u Commissioner McLaughlin was present for the meeting at 9:55 p.m.- CITY OF NEWPORT REACH C0UNCIL MEMBERS MINUTES \CALMI�"k �ROLL 9GN�_ February 14. 1983 INDEX 3. Mayor Hart opened the public hearing and City U/P 3016/ Council review of USE PERMIT NO. 3016 AND Resub 738 RESUBDIVISION NO. 738, requests of Oceanfront (88 b 84) Views, Redlands, approved by the Planning Commission at its meeting of January 20, 1983, to construct a two -unit residential condominium complex and related off-street parking spaces in the R-4 District and create one parcel of land for residential condominium purposes, at 408 East Ocean Front, on the northerly side of East Ocean Front between Adams Street and Coronado Street on the Balboa Peninsula. Report from the Planning Department, was presented. The City Manager addressed the Council, stating that the Applicant is proposing to demolish the existing single-family structure and construct a 2 -unit residential condominium complex, which was approved by the Planning Commission. After it was determined that no one wished to .speak on this item, the public hearing was closed. Motion x Motion was made to sustain the Planning - Commission's decision of approval. All Ayes After discussion, the motion was voted on, and carried. • E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated, All Ayes except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to second reading and adoption on February 28, 1983: (a) Proposed ORDINANCE NO. 83-12, being, Ord 83-12 Veh/Pkg AN ORDINANCE OF THE CITY OF NEWPORT (63) BEACH AMENDING SECTION 12.40.055 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING PARKING OF CERTAIN VEHICLES IN RESIDENTIAL DISTRICTS(Report from Assistant to the City Manager) (b) Proposed ORDINANCE NO. 83-13, being, Ord 83-13 Penalty AN ORDINANCE OF THE CITY OF NEWPORT Provision BEACH REPEALING SECTION 1.04.030 OF (70) THE NEWPORT BEACH MUNICIPAL CODE REGARDING CREDIT FOR LABOR DURING IMPRISONMENT (Report from City ® Attorney). - Volume 37 - Pane 60 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \CaL\L ROLL $���'� �� February 14, 1983 IIVU A 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Karl Gray and Alan Spann, Orange County Gray 6 Superior Court, Case No. 39-39-69. Claims Spann were filed with the City on July 1, 1980. (b) Michael Murray Thomas, Orange County Thomas Superior Court, Case No..39-40-61. A Notice of Intention to Commence Action was filed with the City Clerk on October 15, 1982. 8. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (Report from the City Manager) - (a) One Groundsman -Gardener I, Parks, Beaches and Recreation. (b) One Assistant City Attorney, City - Attorney's Office. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the City. Manager regarding Audits/SSM CONTRACT COMPLIANCE AUDITS C-2254 (SIMONIS-MORELAND). (38) (b) Report from Parks, Beaches and Recreation PBSR/Srpls ® Director regarding SURPLUS CAPITAL OUTLAY FUNDS. Cptl Ends (62) (c) Removed from the Consent Calendar. (d) STATUS REPORT --COAST HIGHWAY WIDENING Drft EIR/ DRAFT ENVIRONMENTAL IMPACT STATEMENT from Coast H'wy Public Works Department). Wdng (74) (e) Report from City Attorney regarding AIRPORT LEGAL SERVICES ESTIMATE FROM JWyn Arpt/ O'DONNELL AND GORDON (C-2331). `38)Sry (f) Removed from the Consent Calendar. 10. PUBLIC HEARING SCHEDULING: None, 11. USE PERMIT 1973--SIYTTH'S FOOD KING SHOPPING U/P 1973 CENTER - Approve an entry agreement allowing (88) the City to enter onto the property located at 3100 Balboa Boulevard to connect into an existing parking lot storm drain with City alley drain. (Report from Public Works) Volume 37 - Page 64 - February 14, 1983, CITY COUNCIL AGENDA ITEM.NO. FROM: Public Works Department SUBJECT: USE PER14IT 1973 --SMITH'S FOOD KING SHOPPING CENTER LOCATION: Portions of Parcels No. 1 and No. 3 and all of Parcel No. 2 of Record Survey 35-25, located at 3100 Balboa Boulevard on the southeasterly corner of Balboa Boulevard and 32nd Street in Central Newport APPLICANT: Innovative Graphics, Inc., Orange, California RECOMMENDATION: Approve an entry agreement allowing the City :to enter. onto ? . the property located at 3100 Balboa Boulevard to connect. into an existing parking lot storm drain with a City alley 1 ® drain. DISCUSSION: i On January 22, 19811 the Planning Commission conditionally approved Use Permit 1973. The conditions.of approval required that.the City be granted the right to drain storm water from the alley (and.its tributary area) on the southerly side of the parking lot to and'•across the parking lot and extend the existing parking lot drain to the afore- mentioned alley. In order that the City can enter onto the shopping center property to construct this storm drain extension, the owner (Southern Pacific Land Co., and William Cagney, lessee) has executed an'appro- priate entry agreement. Upon giving the property owner five days' notice, the City may enter upon the shopping center parking lot to construct the storm .. . drain extension. An exhibit is attached for reference. Benjamin B. Nolan Public Works Director RLH:jd Att. .... ... ... .. ro , , n �. i . .. .... . ....... o, ... . no;+: -i- . N r'n^.Y:y. ,in «.yrp.t_, rn • d .NY+aK n•^,^t �.:' , � . LAKE AVE. k � 1 I i I -J 1� LOT A07' DRAW I A47ERM4re PRCAIMP 57dPAl D�PAlN 040 ALTERNATE A" —. ALTERNATE e' BAL�gD� BLVD. CITY OF NEWPORT BEACH DRAWN PALM- DATE z PUBUC _W0RK QEPARTMENT APPROVED AGREEMENT FOR PUBLIC WORKS DIRECTOR ENTRY To CONSTRUCT R.E. NO. (USE PERMIT /973) DRAWING NO. EX1114SIT Keely, David From: iaglass@aol.com Sent: Wednesday, November 18, 2009 1:21 PM To: Keely, David Subject: Re: 215 30th Street loam -----Original Message ----- From: Keely, David <DKeely@newportbeachca.gov> To: iaglass@aol.com Sent: Wed, Nov 18, 2009 1:12 pm Subject: RE: 215 30th Street Richard, I'm available on Friday, from 9 to 11 or 2 to 4. Please let me know what time works for you. Dave From: iaglassCa@aol.com [mailto:iaglassCcbaol.com] Sent: Tuesday, November 17, 2009 5:00 PM To: Keely, David Subject: Re: 215 30th Street Dave, I respectfully disagree. Please give me your availability for this Thursday and Friday, and also for next week. Richard -----Original Message ----- From: Keely, David <DKeelyna newportbeachca.gov> To: iaglass(a)aol.com Sent: Tue, Nov 17, 2009 4:49 pm Subject: RE: 215 30th Street http:/Iwww.newportbeachca.gov/Mod ules/ShowDocument.aspx?docu mentid=2413 Richard Attached is a link to Council Policy L-18, Protection of Water Quality: Drainage — Public Right of Way. Please review Item D. You are not in compliance with this Council Policy. The current connection to the storm drain is not per City Standard (it should be an underground connection) and it was not constructed under an Encroachment Permit with the City of Newport Beach. Also we will need to execute an Encroachment Agreement for the improvements. We can definitely discuss this further. When will you be in town next? Dave Keely From: iaglass@aol.com [mailto:lag lass(abaol.com] Sent: Tuesday, November 17, 2009 4:17 PM To: Keely, David Subject: Re: 215 30th Street Dave, Sorry for the misunderstanding, but I am not going to take responsibility, spend addtional monies, to solve a problem that is not a problem. We are not breaking any laws, and are not in code violation. We can of course meet to discuss further. Please advise. Richard -----Original Message ----- From: Keely, David <DKeely(a)newportbeachca.gov> To: iaglass(o)aol.com Sent: Tue, Nov 17, 2009 3:22 pm Subject: RE: 215 30th Street That is the discussion we had in our field meeting a few weeks back. From: iaglass(oaol.com [mailto:iaglass@aol.com] Sent: Monday, November 16, 2009 8:17 PM To: Keely, David Subject: Re: 215 30th Street Dave, I cannot agree to that. Regards, Richard -----Original Message ----- From: Keely, David <DKeelvCcDnewportbeachca.gov> To: iaglass(a)aol.com Sent: Mon, Nov 16, 2009 2:07 pm Subject: RE: 215 30th Street The City has not made the determination yet to redo the inlet. If we do redo the inlet then you will be responsible to underground the pipe up to the new inlet and the City will create the hole in the structure. The length that you will be responsible to under will more than likely be reduced depending on the amount of the alley that needs to be replaced with the new inlet. If the City does not redo the inlet then you will be responsible to underground the entire distance and responsible to core through the structure. From: iaglass(a)aol.com [mailto:iaglass@aol.com] Sent: Monday, November 16, 2009 2:01 PM To: Keely, David Subject: Re: 215 30th Street Dave, Thanks for the updates. Bit confused, but I thought that when the city makes the capital improvements to the alley inlet we would be able to connect our pipes at our property line. Again, thanks to you and your team for working on making our neighbor a nicer place to live! Richard -----Original Message ----- From: Keely, David <DKeely(a)newportbeachca.gov> To: iaglass(a)aol.com; glassmanrich(a)aol.com Sent: Mon, Nov 16, 2009 10:25 am Subject: RE: 215 30th Street Irena and Richard, Since we were not able to work out a meeting, City crews went to the alley inlet and modified the inlet grate to eliminate the hose being pinched as it enters the inlet. Also the crew lengthened the hoses to allow discharge further down the outlet pipe. This has minimize the amount of noise. Hopefully the noise complaints will diminish while we work on the final solution. You can expect a letter from me in the next several weeks identifying the improvements needed to underground the discharge pipe. Dave Keely From: iaglass@aol.com [mailto:iaglass(alaol.com] Sent: Sunday, November 08, 2009 7:32 PM To: Keely, David Subject: Re: 215 30th Street David, Looking at the times you provided, the week of 11/9 will not work for either of us unless Tuesday, Nov 10 at 3:30pm will work for you. Otherwise, 1 am available Thursday, Nov 19th at 3pm. Please let me know. Richard -----Original Message ----- From: Keely, David <DKeelyna newportbeachca.gov> To: iaglassC@aol.com; glassmanrich(a)aol.com Cc: Burckle, Shane <SBurckle(a2)newportbeachca.gov> Sent: Fri, Nov 6, 2009 1:44 pm Subject: 215 30th Street Irena and Richard Please let me know your availability of meeting on Monday (11/9) between 1:30 and 4:00 or Tuesday (11/10) between 8:00 and noon to discuss possible temporary solution to the noise, while the final solution is being worked out. Thanks David Keely, P.E. Senior Civil Engineer City of Newport Beach Tel: (949) 644-3349 Fax: (949) 644-3318 Public Works Deportment — A Well -Engineered Machine Protecting and providing quality public improvements and services Keely, David From: Auger, Jim Sent: Tuesday, December 08, 2009 2:32 PM To: Salazar, John Cc: Hahn, Ron; Miller, Tom; Keely, David Subject: RE: 30th St alley grate John, Let's shoot for the first part of February. Mr. Miller will make sure we have a new galvanized grate/frame in stock. Thanks for your help on this one, I appreciate it. Jim From: Salazar, John Sent: Tuesday, December 08, 2009 11:03 AM To: Auger, Jim Cc: Hahn, Ron Subject: 30th St alley grate Jim, we are looking at replacing the grate in late January/early February. We want to make sure we don't add to the traffic congestion on Balboa Blvd. Thank you, John