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HomeMy WebLinkAbout116-0720f- i , 0 +arias#la u€t, Jkr rr s testa! a!+'ktr§SfiiiS'a'p ",+' aN�iW `Yr enaz s x ;a:%, s � �s� k 4 � gar rib rat 3M E f I mm M I= I mm xn�a sty,.„ El mmu rl RYtYixN IECi;Vro r. 9 Em IR x ARM Ph ot al,� g � �. GT 4#73 9 m IN �ti5�� 'r�f$t YN a�',ta+.+j t�Y�k ',Y�� � % �4..0 `�," •''� Oil T, s k g zlaw 9 i uOW i I q a In a m m �- I llll� u. qq ry p{p C W �� v �x �. - `. � � a, - .. s' ..,�' .4„_. Xx, r--17 Lod am MMN !. 44 go 0 0 a 40 - § r §W,w IN m I(V d�. �9 s.`i.,,. I 1 dam i a El d : 2 4 . .� ��-.\t��« ««».. «- .... . « . . . . . . . I . . . . . Newport Harbor Yacht Club 8tn Street Alley Street -end Tidal Range — Photography Aerial View — City Database NHYC owns property on both sides of the 8th street alley Property Line Views West Property Line East Property Line High profile vessel docked at NHYC work dock; -- no encroachment -- Bench View no encroachment T - Proposal • The T-Proposal will allow for low profile vessels to be berthed simultaneously at both docks while offering views of the harbor from the alley. • With a 9 foot tidal range and a mean tide height of 2.7 feet, most of the time the deck, structure or top of a low profile vessel is at or below the top of the seawall with the exception of masts, spars, booms, outriggers or similar features. View over low -profile vessel on NHYC work dock from sea-wall T - Proposal • Approval of this proposal will burden NHYC by not allowing a high profile vessel to berth on the west side of the NHYC work dock allowed under harbor policies. • The trade-off is to allow low profile berthing encroachments into unused tidelands areas. • NHYC would consider a lease for the use of the city tidelands area. Low Profile Vessels under T - Proposal High profile vessel allowed under current Harbor Policy ma, , tidelands encroachment no tidelands encroachment "T" Concept Exp..ftd View C... id., Existing C... itlor Width Burdened Area i Area Of Proposed Encroachment V x ama nay ema. 1V CAV-D k -ID CWork Dock Harbor Views Enhanced and Preserved The T - Proposal provides for a height restriction, with exceptions for spars, booms and riggers, on boats berthed at both docks to enhance harbor views. City benefits from revenue generated on inaccessible tideland waterways and increased berthing availability for harbor boaters and visiting yachts. The T — Proposal is low impact Approval of Alternative B • Grant NHYC's request to berth low profile vessels on the east side of NHYC's west dock. • Condition NHYC to allow only low profile vessels on the west side of the NHYC work dock. • Pay appropriate City Tidelands fee. • Increase berthing in Newport Harbor. • Enhance harbor view from the public alley. Newport Harbor Yacht Club 8tn Street Alley Street -end .1 2MAME Worksheet for Building Combo Permit Application F-1 Comm'I F-, Residential City of Newport Beach - Building Division NOTE: PLAN CHECK FEE DUE AT TIME OF SUBMITTAL E]Building r—, Grading J7,Drainage Elec Mech (7 Plum Cu Yd UR MOU ES ®IV. Project Address (Not mailing address) ite No 17.2o ZdE-ST 6A11 RVE�JJ,5 .. ......... Description of Work Use -)CC 1,AJ Rr= PLq c- E_ X 16 7- FIL ORTI Al Stories # Units (if Res) Valuation $ FI Remodel SF Garage/New/Add Material/Labor OWNER'S NAME Last T fMi?Bo R ;Vi9cHT-Cc-Li6 Owner's Address Owners E-mail Address -70 0 LJ�5 -r _BR hqc-. or City State ziplqql.,.l j_4F_Lt3Pr_>RT' SEAC, Telephonell4q' APPLICANT'S NAME Last IdewPoR-r AfkRI30R Fkct*-' Cl-Lie Applicants Address Applicant's E-mail Address [� LjLj Lj n hq C., or, �O LJEST I;iqq City .717 'BE:iq,!nF1 State zip Telephonel . . .. .............. . . .... ......... . . . ARCHITECT/DESIGNER'S NAME Last First Lic. No. . ....... ..... . . ..... . .. .... . ... ...... . ..... .... ..... . .. ...... .. Architect/DesigneCs Address Architect/Designers E-mail Address ..... . .... City State zip Telephone . . ...... . . ...... . . ... .... ENGINEER'S NAME Last 1 First Itm Lic. No. ------ - ----- ............. Engineers Address Engineers E-mail Address asoo A CASR ILL0 fy1FiRj1-1R �aOO Telephone City State Zip Rof7-31 -4ff o CONTRACTOR'S NAME/COMPANY Lic. No. Class FA48 Contractors Address Contractor's E-mail Address [93'1 LJEsT- iqnl STPEE-T- je_153jG*47 City [COST-n- ChEsp, State CA zipj,z?9-1..-)-171 Telephone q14'7.5Aj .. .. . ........ . . ..... ENERGY P/C FEE $ FIRE P/C FEE $ PERMIT NO. GRADING P/C FEE $ PLANNING P/C FEE $ PLAN CHECK NO. ELEC/PLUM/MECH P/C FEE $ PLAN CHECK FEE $ DEVELOPMENT# TOTAL FEES PAID $ a U o U z �— a I� z S�j 0 � f3 _ So� u Na V) o� W �a O <� ce o� d ^o boo s a3o zap W W Z J z M H a a3aa Z�am 0�3� 3�'na W 1, W Z Z 4 Sf1J.tl15 w LL 0 z z0 CL z l o cL LU Al q EL I w N� U) w . . . . . . u z ui c) m uj ce z .4 LLI o f UJ LU z Cl) w z 0 w W 0 z LU ui W t z z a w Kz fL I- i" - 1 >1 z 0 9 IL < CL z Cdz LU z < 6 oH, CL. ce J! ti gN, i ;•i S ILI WIN M, w v �tl- i 't M . N i dil"I �i ui IL w J.I I Ml ce z i H; V4 M, 0 LLxwaR Hm J.; U i,ji -, j 19 � IMMI �,u ffl 'll � Pip ce fli w 'g If if um a Er ja w �4 SIH -i DN� LU 419. 1-i li� If U ' J. 99�� S o' -E �l -3 H F� w ^ y 2 s` 3� S - r Y O C n d • y � W Ey y �9 Q d 9g Q 9 9 `Ua i C - R 2N M U) a a�ia/1 �3f '�"✓A AI%� w W m m =tea W /o j Hamm ' p U It 3 3�AIL W 1l W Z Z a camas - ciaz c ur .w m a a ex ro ccox �anmm�w�n naa �nnn X sniv�s ----------------------------------------------------J z 5 a t7 z H f N t0 z N M W n U �3LU N Go 0 U oG V O u3 00m9= a�aa xUau, to 0430 3�Na W N W 2 Z a snlvis | 7� aN \ H in \WA _NOeA JOqJm IJOd _m_uGO_a_ . � � [ � |!|/))� � ] � - w �\( � �|!| �.. � §( `2 ! ! . \�. . \\ / �� |\ _]\ I �( b/ 111111 ) § :1,111Worksheet for Building Combo Permit Application Print prm R> City of Newport Beach - Building Department ° . `• Please print 3 copies t: n C'aCIFp RTC`' �Building F7 Grading Drainage F Elec f7 Mec 1. Project Address (Not mailing address) CINo TV 0r:.K19MT BE Tenant Name(if Applicable) # Units i esi en i 2. Description of Work A A Use Valuation $ ..... ��� Exist House SF Demo House SF Add/Reconstruct House F ............ ........................ Exist Gar SF Demo Garage SFF777 g SF # Stories Add/Reconstruct Garage F7 ............. ........................... TOTAL HOUSE SIF Cu Yd Cut New Add Alter Demo -' i K/4e r K/ 1► �i�./ TOTAL GARAGE SF . ............ . ..... ..Cu Yd Fill lF77 Check Appropriate Box for► Applicant j 6. Contractor's Name Last First Lic.No. V11' IU')l Class tors Aess ntractor'Cn'tracs E-mail Address M......................vt / 5 City State Zip Telephone .Z.7I OFFICE USE ONLY ENERGY P/C FEE $ PERMIT NO. GRADING P/C FEE $ PLAN CHECK NO. llJ� Z Rev 1178107 ELEC/MECH/PLUM P/C PLAN CHECK FEE $ CITY 0F NE P� T SERCH CITY OF NEWPORT BEECH r !% CIptc ! cEAN VICINITY IMP JEM EM PROF I LE 1 - 40 Mr air, avom , JUN M FIX IN FEET, AND ELEVATIONS BW:D ON MEFN LOWER LOW Wf M. HARBOR RI iOURCES DIV, CITY OF NE� PORT BEACH f SCOPE OF WORK:' Remove and replace floats on far east finger of existing floating dock Replace with Superfloat flotation pontoons PLAN VIEW f r = 40 vpuaws NFL' �I�l�fPpR( �1 jg2y JOBMras 72U W . DACE 1 , - 2012.. HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Replace portion of existing dock with similar new dock. Remove 3' X 24' an wa , install 4' X 37' an wa . Remove 5' X 13' ier. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Property Address: 720 W. Bay Ave. Legal Description: Harbor Permit Number: 116-720 Plan Check Number: 1216-2012 Applicant: Newport Harbor Yacht Club Applicant's Mailing Address: 720 W. Bay Ave., Newport Beach CA 92663 Phone Number: 949-548-5359 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find '�( They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is. attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Y, Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Re July 16, 2012 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 M Worksheet for Building Combo Permit Application Pd ? IBlow, City of Newport Beach - Building Department Please print 3 copies HARBOR REM VvURCES i-DUIIUIFIY 1 urdulfly I prainage i Llec 1. Project Address (Not mailing address) r SAV AWE JLJE Tenant Name(if Applicable) 2. Description of Work ay ..... 1,14s176LL Wx 3,71.4�.AM OY, j,?EM0,,.j.E 15,'Xj3.'..P1 ! Extg Building SF Demo Building SF F777Add/Reconstruct Bldg SF ............................................. Extg Gar sf Demo Garage sf F Add/Reconstruct Garage sf F .. ...... .... .. TOTAL BLDG SF New F, Add F7 Alter ':Demo F77777 TOTAL GARAGE SF F7777 A OFFICE USE ONLY ENERGY P/C FEE $ PERMIT NO. .................... # Units (if Residential) ....... ...... Use F .... .... ..... ... ......... ... .. ........ Valuation $ 150 ...................... Stories ,. Cu Yd CutF— ........................... Cu Yd Fill GRADING P/C FEE $ FIRE P/C FEE $ PLAN CHECK NO. Rev 4116109 ELEC/MECH/PLUM P/C FEE $ PLAN CHM&EE $ CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH WEST UPPER Cp NEWPORT O �S7 BAY SST cp�r BALBOA Sys `�Oq O ISLAND NEWPORT P PIER /NSUZA BAY Pq C OC 'I ^'PIS 0A CINITY MAP �1'V WEST SCALE 1 "=40' ELEVATION JETTY SOUNDINGS ARE EXPRESSED .IN FEET AND DENOTE DEPTHS NEWPORT MY, CAUFORNIA _ BELOW MEAN LOWER LOW WATER. MAXIMUM RANGE OF TIDE PROJECT SITE 96JETTY THIS OSIECTION OF MATELY O NEWPORT RBBA R LINES ARE ESTABLISHED IN Y. SCOPE OF WORK: REPLACE PORTION OF EXISTING FLOATING DOCK WITH SIMILAR NEW DOCK. EXISTING PILES TO REMAIN IN PLACE. REMOVE EXISTING 3'x24' GANGWAY. INSTALL NEW 4'x37' GANGWAY. REMOVE 5'x13' OF EXISTING PIER. EEL CRASS INSPECTION Eelgrass within 15' of project I, 14'-6. 4'-� IS-6• 4=r 14=6 - 14 4=a• Eelgrass within 15 - 30' of project ® E (grass in pro�j ct area �I I iy ry Signature Inspection Date �ax lime 3 TOTAL EUSTR10 DOCK AREA - 4045 SO.. Fr. E4571N0 3xd4 GANGWAY AREA TDTAL EtlS7NG P1f1P ARFA - 72 SQ Fr f_i5 m FT. XI TOTAL WATER COVE77AGE 7 Jin2 So Fr. DOCK AREA 70 BE RaM D DEiE UMV S029E : 1.346 SaFr C057 NO W4 CAN(.'WAY TO BE REM014D 72 SQ Fr. 707AL WATER AREA COVERAGE TO aE REMOVED - 1.553 So. Fr. NEW NSTAII Ai1(l4 COIF DOCK AREA 10 EIE Y45TALLED Imo So.Fr WSpLL AEW 4x37 GANGWAY � fI8 50. FT. TOTAL W470t AREA COVERAGE 70 BE RISTALIED - 1.446 SM FT. HARBOR RESOURCES DIV. CiiY OE NEWPORT BEACH :� Y REMAX W7 PIER-� �3TI4FOR ANO I�VIIMOVf V 4 PLE TO Planning and Engineering Services For If -dam and Waterfront Resorts WALL 1. h I `INSTALL NEW FLOum Dow _ 13m sa Fr SEAWALL SITE PLAN SCALE 1"=40' APPLICANT'S NAME: NEWPORT HARBOR YACHT CLUB I JOB ADDRESS: 720 W. BAY AVE. I DATE: 03 JULY 12 u � . § 2 � q . � � \ . - . ! - w In.- -.; y§\!;! �46 LU . � LU co(A. m E o Q . Eelgrass Survey Reporting Form 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 further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. Site Name: Newport Harbor Yacht Club, 720 West Bay Ave., Newport Beach (common reference) ISurvey Contact: I Mark Sites (949) 675-1071 mark sites@yahoo.com �I (name, phone, e-mail) Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: (bay, estuary, lagoon, or harbor) Pending harbor permit for a dock revision Lower Newport Harbor Specific'Location: (UTM, Lat./Long., N 33 36.317' datum, accuracy level, W117 54.632' attach electronic survey area map if possible) Was Eelgrass Detected: XX Yes, Eelgrass was found at this site. 11 No, Eelgrass was not found at this site. Description of Dock reconstruction and pile replacement. Permitted Work: (describe briefly the work to be conducted at the site under the permits• identified above) 1 Eelgrass Survey Reporting Form (April 2009) Description of Site: Depth range: (describe the physical +7' MLLW to —9.3' MLLW and biological conditions within -the survey area at the time of the survey and provide insigtrt into variability, if known. Please provide units for all -numerical information). Substrate Sand to mud over sand type: Temperature: 62 "F alinity: NA Dominant flora: Eelgrass Dominant Mussels on dock floats and pile, sting rays, "fauna: anemones, sand'bass Exotic None species encountered: Other site None description notes: Description of Survey Survey date June 6, 2012 1305-1430 Effort: and time (please describe the period: surveys conducted including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations _encountered during the survey efforts. Horizontal Approximately 2'-4'. Turbidity increased due to large visibility in number of sting rays fleeing the diver. water: Eelgrass Survey Reporting Form (April 2009) Survey type SCUBA survey covering the entire project area. and Diver swam eight transects parallel to beach, under methods: the boats in the slips. Entire perimeter, outside of slips, was surveyed in two separate passes. Discovered eelgrass bed and four associated patches were extensively surveyed. Survey personnel: Mark Sites Survey Greater than 70% density: Survey Declining visibility throughout survey due to sting limitations: ray activity and nearby dredging. Other Information: Project drawing and aerial attached. (use this space to provide any additional ,3.6' to t2.5' MLLW ebb tide information or references to attached materials such as maps, reports, etc.) Eelgrass Survey Reporting Form (April 2009) �,'._'6 it.X flr/ �frC \\ �\.!/�\. .•.'/ J �A f r ,' - , l.. r. �eexr.Hc[ •.4` 1 �j?f ��"\,.—. �_�' \�'\'\\ •1� �\'' C. � 1 ! f�� 1.s ,'/ Nai (��r�f'1���� ? a i •- 1 ! It Y / i/ «.�J `,•`' (` /� / ��1 FM, _ \ ♦ M ^ V� •\ /ff !„/� l� � ` (((fff❑❑❑jjjJJJ///111��� S k 49 ell �q \ U Cf �`�'� /� �/ fir, _. `• � ,f ,,. .�f�S/ %� fir/ '��f!'`�•, .r/ %'\ �F ^_f � ` .'? ``^•'1 ,� '�`1 tip/ /f i!�/1✓� \�t�/ /,/+% J f%$' le �'ti \� •. `,a yv � � �'��'1 �4 fi w'A':• ��/ ��I•jJI 6� er �� �' �' •(( of '.� a'fi� �1�„J' �c°°v w ION'leo m Printing: Layout Page Page 1 of 1 NHYC http://gis.newportbeachca.gov/gispub/nbmap/layout.aspx 6/11/2012 s 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: June 8, 2012 Dame of bay, estuary, Lower Newport Harbor lagoon, or harbor: Specific Location Name: Newport Harbor Yacht Club, 720 West Bay Ave, Newport Beach (address or common reference) Site Coordinates: N 33 36.317' (UTM, Lat./Long., datum, W 117 54.532' accuracy level, and an electronic survey area map or hard copy of the map must be included) Survey Contact: Mark Sites (949) 675-1071 markIsites@yahoo.com (name, phone, e-mail) Personnel Conducting Same Survey (if other than above): (name, phone, e-mail) Permit Reference: Pending harbor permit for dock revision (ACOE Permit No., RWQCB Order or Cert. No.) Is this the first or second first survey for this project? Was Caulerpa Yes, Caulerpa wasfound at this site and Detected?: (if Caulerpa is found, please immediately has been contacted on date. contact NOAA Fisheries or CDFG personnel identified XXX No, Caulerpa was not found at this above) site, Description of Permitted Work: (describe briefly the Dock reconstruction and pile replacement work to be conducted at the site under the permits identified above) Description of Site: Depth range: +7' MLLW to —9.3' MLLW (describe the physical and Substrate type: Sand to mud over sand biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please 'Temperature: 62 F Salinity: NA Dominant flora: Eelgrass provide units for all numerical information). Dominant fauna: Mussels on dock floats and pile, sting rays, Anemones, sand bass Exotic species None encountered (including any other Caulerpa species): Other site Heavy shading under boats and docks. description notes: Description of Survey Survey date and June 6, 2012 1305-1430 Effort: time period: (please describe the surveys Horizontal 2'-4'. Turbidity increased throughout dive conducted including type of visibility in water: due to the large number of sting rays fleeing survey (SCUBA, remote the diver. video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed Survey type and methods: Surveillance level SCUBA survey covering the entire project area, with beach area viewed dry. Survey included two separate passes around the perimeter of the project out to 30 'where applicable, and 8 transects parallel to the beach under the boats and docks. Describe any limitations Survey personnel: Mark Sites encountered during the survey efforts. Survey density: Greater than 70% Survey limitations: Declining visibility throughout survey due to sting ray activity and nearby dredging. Other Information: (use this space to provide Project drawing and aerial attached. additional information or +3.6' to + 2.5' MLL ebb tide references to attached maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) Al 'al nj IN I HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions July 16, 2012 Property Address: 720 W. Bay Ave. With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any. public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 Worksheet for Building Combo Permit ApplicationSEW Pp R P. I. City of Newport Beach - Building Departm Please print 3 copies RARBO R' RESOURCES lx,,' ^ Building F7 Grading F.—:Drainage r Elec f- Me l OF,gWPORT BEACH 1. Project Address (Not mailing address) F_ . ............... ............. Tenant Narne(if Applicable) I It e�#Mt N44Z� # Units (if Residential) 2. Description of Work Use I AeOie— &ki�57 Oq .. ................. k Weetl— . ........... P .... . . ............... ... .... . ....... .... ....... Valuation $ Extg Building SF Demo Building SF Add/Reconstruct Bldg SF .......... ...... ................ .......... : # Stories Extg Gar sf Demo Garage sf Add/Reconstruct Garage sf F TOTAL BLDG SF r—, New F7 Add Demo F—..Cu Yd Cut i... .. .. ... ... i TOTAL GARAGE SF Cu Yd Fill ovk�yf_r 'a— j 1. ... ... - ..... ... .... 7 3. Owner's Name Last I i. ...................................... . ............ ............. Owner's Address Owner's E-mail Address .................... .. ....... ... .................. ...................... ................................ City State zip Telephone . ........................................ . . .. ............................. ............... 6. Contractor's Name Last -11 VI/ v I ................ C 0 1 ..7 ... ........................... ....................... Lic. No. Class Contractor's Address Contractor's E-mail Address kk� ............... ........... .. . . ..... ..... . ....... . ..... ....................................... .... .............................................................................. City State 7Zip Itj Telephonel t . ..................................................... ....... ...... ..................... ......... ............ ..... . ....................... I ... .. . ....... ..... ... ... I . .. ... OFFICE USE ONLY ENERGY P/C FEE $ GRADING P/C FEE $ FIRE P/C FEE $ PERMIT NO. PLAN CHECK NO. Rpv4llAl7g ELEC/MECH/PLUM P/C FEE $ PLAN CHECK FEE $ if C/ r K ®� /VS,4/iP0ler &16�4C/-"F RESOURCES ' CjTy OF NEWpORT BEACH 1,:98 L I X-N Ip 3Q P20JL G % S/J"L= 00 , L C.7r iO Q V I i 1�J I T j SR E T C H Nrwaoar 8^Y, Cat i;=oanil,4 z C ✓> G ,y:�s c-� e.'i"r�ssed ors feed ar,.d d�.sGfE' dip #,�, a 6 cfo w /LJcorT Lo w�� Law L✓ofer ylori�++t?ems ro.�9'e o.{ fidc OPprrnXtrrtQ�c/jam !� +�ecf_ f-fornor /ri)c5 . - �r-.e'- cs�ob/f.'Shccf•_/n �hrS SCc7r�orr of'Nc'w,00if S'.o�: ME A-'1�, 1. OL / cA.v7's /�L WPD.PT/�i9PB0�P YCH% CL l/G� C o r j - (, B c,�, !/ 7. rA cr 7119 720 W GRAY, NG'rt/P6,�T !3�/�Cf-I S �°l/h'!�`�/� %B .AoDe,5 ss Co trT,eAc ro.,c A rm L 11 EL:+12.00' - - M.LL.W. FLOATING DOCK DREDGE EL VARIES I EL=-2.50' M.L.LW. (� ��SIX NEW 12" SQ CONC CONC SUPPORT PILES TO REPLACE EXISTING PILES LJ --- -- -- M.LL.W. ....................................................................................... PROFILE 'A -A' N.T.S. ........... VICINITY MAP N.T.S. n SOUNDINGS ARE EXPECTED IN FEET NEWPORT BAY, CALIFORNIA „ AND DENOTE ELEVATIONS BASED ON Iu1FAN I OWFR I OW WOTFR EXISTING MAIN FLOATING DOCK TO REMAIN REPLACE THE EXISTING 6 STEEL PILES WITH 6 NEW 12" SQ CONC PILES INSIDE THE DOCK IN NEW PILE GUIDES (BY OTHERS) - BOAT WALK NEW CONC I PILE TYP A EXISTING STEEL PILE TO BE REPLACED TYP EXISTING CONC BULKHEAD TYP PLAN VIEW N.T.S. ph, APUCANTS NAME : NEWPORT HARBOR LOT: TRACT: YACHT CLUB CONTRACTOR : AIS CONSTRUCTION JOB ADDRESS : 720 W. BAY AVENUE P.O. BOX 239 DATE 10/16/03 NEWPORT BEACH, CA 92661 CARPENTERIA, CA 93093 WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION CITY OF NEWPORT BEACH HARBOR. RESOURCES DIV., CITY OF NEWPORT BEACH PLFAqF PRINT nR TYPE BUILDING . G DEPARTMENT 1. PROJECT ADDRESS (NOTMAILINGADDRESS)-- .,'720 w, - 5 A'*/ D (Z]L\/E' FLOOR SUITE NO. LEGAL DESCRIPTION LOT BLOCK TRACT No. UNITS 2. DESCRIPTION OF WORK 8Q L L 6_X ISM.M,7 '5)70Fj .. Pli-w-6i USE # OF STORIES VALUATION $ SQ FT (NEW/ADDED/EXTG) & eL w Aje�,.J C-0pJCXM-C OWN�65 K I 1'j -'r 0 65, 0 C., I LCZ, 1< A a em NEW M ADD 0 ALTER DEMO ❑ No, n -�'14 rlcf om Check Appropriate Box ❑ 3. OWNER'S NAME LAST FIRST WJwp0'(LT Y�C'14T CL-V,13 OWNER'S ADDRESS OWNER'S E-MAIL ADDRESS -2, mpvA 14 y C -CITY STATE ZIP PHONE NO. -gui,%cp 24 61 ?Yg 7 2 3- 6 9YY ❑ 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. ❑ 5. ENGINEER'S NAME LAST FIRST STATE LIC. NO. 1r^JiLL1Ay%,x S)M17-%S,0tJ A S SO ChATE3 ENGINEER'S ADDRESS ENGINEER'S E-MAIL ADDRESS IVJAjOP71 WSAS6 FAUJ-ELL1')6 CITY STATE ZIP PHONE NO. Na"paf_T REnCI-1 CIO 6 75-- 6 F1 6. CONTRACTOR'S NAME BUSINESS LIC: 'STATE LIC. ,No. Class CONTRACTOR'S ADDRESS, CONTRACTOR'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. OFFICE USE ONLY PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. PLAN CHECK FEE $ OCCUPANCY- GROUP PLAN CHECK ENG. Forms\Bh%_aW11ca&m 10-1 M2, T Y of Nkolpaer B.E.gcN SCo eG- OF 11 ole-'e ; x o e- deck, • o, yy - .. ri[t Ja,��N iw[EOA . lYA+V,p HARBOR RESOURCE$? -DJ- , �..y : ,oq �✓ e" r �"( OF �9Ei�iPO-RT. BEACH ,,.., • x �a -�t et .wart { V 1 C 1 hl ! TY SK E T C H +r-r -15rrx I i Jtrrrl �! Nrwrowr 8AY, Caticoa+ql,a Y! t a+. $'otlrtys oie �.roresscad en fc a+zd denpe �1 f evp2#ha be,/ow A-7COP7 1:oW01- GOw WWCer I?ard-Vr • f j ron g e Cyr#; ore 0p,0,- X /+rso {�P/X !O v-Gf_ AIMPIho.- /.yes . ore ea-!ob//'Sh�d /n o rs . s, ecfin,: oFctFc'wbnr 25cp DOP//- IlVa 'ro CPC Al/1�/ III !I II� tI 907 SG C710" -,4 Ll=23_ TA -� _ :' \ y L=X SST/NG IDS C SC f /G/A /I U. Ir" 6L 9 ? Pv t.l CA,Ts /i%L N/PD..9P84,�'YCh'% CLlJ�� C o 7-/ GrBc,r, T-ZAcr 7/0 -Ao_ a A DD ze ss 720 W &A Y, NG W- ,Pz),QT E� 14C,LI CoAl-rmA c roc �A r� WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION EW�R, HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH CITY OF NEWPORT REACH BUILDING DEPARTMENT rLr-AJt rKIN I UK I Trt 1. PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT 2. DESCRIPTION OF •- 4 t C(l Check. Appropriate Box ALTER ❑ DEMO ❑ USE 4001L N92 # OF STORIES VALUATION $ 2 6104 ®� SQ FT 3. OWNER'S NAME LAST F S OWNER'S ADDRESS OWNER'S E- AIL ADDRESS CITY STATE ZIP ode PHONE &-.;/ O- 3 ❑ 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 5. ENGINEER'S NAME LAST FIRST STATE LIC. NO. ENGINEER'S ADDRESS ENGINEER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. ❑ 6. CONT 'S NAME BLLSINESS LIC. 0/®�??) STATE LIC. No. v lass TRACTOR'S ADDRE p� C?/ Y CONTRACTOR'S E-MAIL ADDRESS STATE ZIP ��IPHONV,�1-31�> OFFICE USE ONLY PERMIT.NO. TYPE OF CONSTRUCTION PLAN CHECK NO. PLAN CHECK FEE $ OCCUPANCY- GROUP PLAN CHECK ENG. PfaCt� •1=i�-iT�� � Please print 3 copies Worksheet for Building Combo Permit Application ,�EWP°RT City of Newport Beach - Building Department Iding r Grading ("•Drainage 1` Elec 1. Project Address (Not mailing address) Tenant Name(if Applicable) 2. Description of Work Exist House SF Exist Gar SF New . F7 Add 17. JARBORRESOURCES `oo"�\r Demo House SF Add/Reconstruct House SF ................................................ Demo Garage SF Add/Reconstruct Garage SF TOTAL HOUSE SF ...... ....................: Alter (" Demo TOTAL GARAGE SF ......... ate Box for Applicant MUM LIGM�.Mte No � q 4ww # Units (if Residential) Use ........... .... ........................... Valuation $ w # Stories F7 Cu Yd Cut Cu Yd Fill F77 3. Owner's Name Last First ................................... .... Owner's Address ............. ................ .... ....... ....... City.....���`'�-....�.................' State ��..•..... Owner's E-mail Address Zip �� �,� Telephone` _Q —_,>, .........: ..........................: 4. Architect/ esigner ame Last First Lic. No. ........................................ �� ..... Architect/Designer's Address City State F777 Arch itect/Designer's E-mail Address Zip Telephone 5. Engineer's Name Last First Lie. N ................. .................................... : N`C............ o. Engineer's Address ...............:. Ca`�....�. Ci c�� % State ......,..... °`� ..... �.�`�'..........................FI Engineer's E-mail Address ........ ....... .... Zip ..... Telephoned c::�`�`S F. 6. Contractor's Name Last � First Lic. Lic. No. Class ........................ .....: Contractor's Address City �State OFFICE USE ONLY ENERGY P/C FEE $ Contractor's E-mail Address .......................................................:................................................................................................................ Zip Telephone C m`� WaZIMt19►Na GRADING P/C FEE $ PLAN CHECK NO Rev 1118107 ELEC/MECH/PLUM P/C PLAN CHECK FEE $ CITY OF NEWPORT BERCN CITY W M343ORT am i I C.o -74;-0 NMT JMY PROF I LE 1 s = 40' JEM SUMDM FM Dim IN FEL7 FIND MOTE ElD MONS D ON MUN L%,ER LOW I+ M. OURCES RES DIV. I�ARSOR NEwpORi BEACH 65 WT'S NX fiUC7t WgDK YAC. 7-C-i4 h R(roIlrs--o 4&5elr Re�e_e a tdryro+ Y-ef Jo$ FmFm 7.2o L.J. CITY OF NEWPORT BEACH HARBOR COMMISSION February 8, 2006 TO: HARBOR COMMISSION FROM: Harbor Resources Division (City Manager's Office) Chris Miller, (949) 644-3043 cmiller@city.newport-beach.ca.us SUBJECT: Multiple Vessel Mooring System — Pilot Project at NHYC Mooring Field ISSUE: Newport Harbor Yacht Club (NHYC) has requested to install up to four multiple vessel mooring systems as part of a pilot project in the NHYC mooring field. These floats will allow multiple vessels to utilize one mooring can therefore maximizing efficiency in the mooring field. ALTERNATIVES: If desired, the Harbor Commission may: 1. Allow an exception to Municipal Code 17.22.030 for the proposed pilot project for a period not to exceed 24 months. 2. Allow an exception to Municipal Code 17.22.030 for the proposed pilot project for a period not to exceed 24 months with special conditions. 3. Advise Harbor Resources to deny the pilot project proposal BACKGROUND: Over the years, the Harbor Commission and the former Harbor Committee have been interested in developing a system to moor multiple vessels on a mooring can. When the Mooring Master Plan subcommittee was formed in January 2005, this multiple vessel mooring concept was introduced as a future topic to discuss and explore for our mooring fields in Newport Harbor. NHYC has submitted a request to install up to four floating docks to be positioned on four different single point mooring cans in NHYC's mooring field. These floats were previously used as temporary docks at the yacht club, so they were constructed, to the standards that were in place at the time. These floats are intended to allow multiple vessels to side tie in order to maximize utilization of the mooring field which currently allow only one vessel per mooring. 2 Typically, smaller sailboats up to approximately 25' would utilize the floats, but smaller skiffs such as Whalers (instructor's vessels) might also use the docks. NHYC has formally requested this pilot project to continue for 24 months (February 2008). They are currently calculating the appropriate anchor weight for these types of structures and they have assured Harbor Resources that their moorings will exceed this amount. Harbor Resources supports this project and we believe that the NHYC mooring field is an appropriate location to test this concept because the club has complete control over the mooring field and the positions of their vessels. This freedom allows the yacht club to monitor the pilot program and make any adjustments as necessary. However, the multiple vessel mooring system concept contradicts NBMC 17.22.030: "The Harbor Resources Director, in furtherance of the tideland grants to the City, may issue a permit to allow the permittee to temporarily use a portion of the waters of Newport Harbor for the mooring of a vessel. Each permit so issued by the Harbor Resources Director shall be issued to the permittee, specify the vessel for which the permit is issued and provide that the permittee may change the vessel for which the permit has been issued, upon written notification to the Harbor Resources Director, and which permit shall allow the permittee to moor only the vessel owned by him and assigned to the permit to such mooring or buoy. A. Exception: Tender: A vessel, no longer than fourteen (14) feet maximum may be secured to permitted vessel as long as someone is aboard the permitted vessel, or may be secured to the mooring in the absence of the permitted vessel." In addition, this concept is not supported by the Harbor Patrol who feel there is a danger if this dock system were to break free during a storm event. There is a potential for extensive property damage as well as injury to Harbor Patrol personnel due to the difficulty of maneuvering this structure in adverse conditions. In response to this concern, NHYC will attach a towing post or large cleats and a bridle to assist in the towing process. However, the Harbor Patrol maintains this is not a viable solution. And lastly, the Harbor Patrol maintains that this pilot project will violate Orange County Codified Ordinance Section 2-6-64: "No person shall fast or tie any vessel to a mooring occupied by another vessel, or make fast or tie to a vessel already occupying a mooring, except those vessels regularly used for transportation of persons or property to or from shore, and except as otherwise specifically authorized by the Director." 9 en 5 vw IF, de'"c-f, yl/lo� l �1Cv��w 3 ENVIRONMENTAL REVIEW: The Harbor Commission's approval of this Agenda Item does not require environmental review. PUBLIC NOTICE: This agenda item has been noticed according to the Ralph M Brown Act (72 hours in advance of the public meetings at which the Harbor Commission considers the item). Prepared by: Chris Miller Harbor Resources Supervisor Attachments: Photos Harbor Patrol Position Letter Submitted by: Tom Rossmiller Harbor Resources Manager Multiple Vessel (Mooring System SHERIFF -CORONER DEPARTMENT COUNTY OF ORANGE' CALIFORNIA February 3, 2006. Tam RossmillerlChris Miller City of Newport Beach Harbor Resources 829 Harbor. island Dr. Newport Beach, CA 92660 Torn and Chris,: Master Plan meeting yesterda loose during a storm. The po o some opmmons, it would be. MICHAEL S. CARONA SHERIFF -CORONER ASSISTANT SHEREFS' STEVE,BISHOP JO;ANK.GALISKYNUMARKUSON CHARLES L. WALTERS' Another more important reason for not allowing this pilot program is the violation of law. Orange County Codified Ordinance Section 2-2-64 states:: "No person shall makefast or tie any vessel to a mooring occ upied by another vessel, or make fast or tie to -a vessel already occupying a mooring, except those vessels regularly used for transportation ofpe rsons or property to or from shore, and except as otherwise specifically authorized by the Director."'' The Harbor Patrol cannot allow someone to violate the law and at the same time expect someone else to abide by that same law'. As you can see; allowing this pilot program to continue prevents the Harbor Patrol from enfommng the laws. of the harbor, It also allows for the potential danger of personal injury and major property damage:; Sincmly Deputy Joel Monroe Orange, County Sheriff's Department Harbor Patrol Cc Capt. D, Bergquist Lt. E. Giudice, Sgt. D. Ginther PROUDLY SERWNG THE WMCORPOl7ATW AREAS OF Oft4KGE COUM Y AND THE FOLLQWAVG +CME'S AND /i<" 0MES. AL9S0VIEJO •'DANAPOINT + LAGUNA HILLS LAGUNA NIGUEL a L.AGUNAV/ . LAKE FOREST, . tAS$K7�tViEJt? RAN" SANTA LMRGARITA . SAN CLE NTE ., SM AJAN, CAPISTRANO . STANTON • V11[A PAl C : T HARBOR$.SEACHESAPARK .JOHNWAYNEAIRPORT .00TA; • SUPERIOR :COURT HARBOR COMMISSION AGENDA City of Newport Beach Council Chambers — 3300 Newport Blvd. Wednesday, February 8, 2006 Regular Meeting - 6:00 p.m. John Corrough — Chairman Ralph Rodheim Seymour Beek Tim Collins Marshall Duffield Paulette Pappas Donald Lawrenz The Harbor Commissioners are citizens of Newport Beach who volunteer to serve on the Harbor Commission. They were appointed by the City Council by majority vote for 4-year terms. At the table in front are City staff members who are here to advise the Commission during the meeting. They are: Tom Rossmiller Manager, Harbor Resources Mike Ure Technician, Harbor Resources Chris Miller Supervisor, Harbor Resources Lorrie Arcese Specialist, Harbor Resources NOTICE TO THE PUBLIC Regular meetings of the Harbor Commission are held on the second Wednesday of each month at 6:00 p.m. Staff reports or other written documentation have been prepared. The agendas, minutes and staff reports are available on the City's web site the Friday afternoon before the meeting. The address is: http://www.city.newport- beach.ca.us/cit , under council/agendas & minutes/harbor commission. If you have any questions or require copies of any of the staff reports or other documentation please contact the Harbor Resources staff at (949) 644-3034. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Lorrie Arcese, Harbor Resources Secretary at (949) 644-3034, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. 2 NEWPORT BEACH HARBOR COMMISSION AGENDA 3300 Newport Blvd., Newport Beach, CA February 8, 2006 CALL TO ORDER 6:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL/INTRODUCTION: "The Commissioners sitting before you are citizens of Newport Beach who volunteer to serve on the Harbor Commission. They were appointed by the City Council at large by majority vote for 4-year terms. The people sitting at the table in front are City staff members and are here to advise us during the meeting. Immediately to my left are: Tom Rossmiller, Harbor Resources Manager Chris Miller, Harbor Resources Supervisor Lorne Arcese, Harbor Resources Assistant Mike Ure, Harbor Resources Technician MINUTES: Recommended Action: Approve minutes from last meeting. PUBLIC COMMENTS: Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction of the Harbor Commission - Speakers must limit comments to 3-minutes. Before speaking, please state your name and address for the record. ALL TESTIMONY GIVEN BEFORE THE HARBOR COMMISSION IS TAPE RECORDED. SPEAKERS MUST LIMIT REMARKS TO THREE MINUTES ON ALL ITEMS. (Red light signifies when three minutes are up; yellow light signifies that the speaker has one minute left for summation.) REQUEST FOR CONTINUANCES: None APPEAL ITEMS: None ACTION ITEM ITEM #1 Subject: Recommendations of the Mooring Master Plan Subcommittee Regarding the NHYC and "F" Mooring Fields Summary: The volunteer Citizen's Task Group of the Harbor Commission's Mooring Master Plan Subcommittee will present recommendations resulting from and in-depth analysis of the NHYC and "F" mooring fields. Discussion: Public Comments: Action: 1. Advise Harbor Resources to implement the recommendation of the Task Group. 2. Advise Harbor Resources staff and the Task Group to modify the recommendations and/or analysis technique. 3 3. Advise Harbor Resources and the Task Group to reevaluate NHYC and "F" mooring areas and return to the Harbor Commission with new recommendations. ITEM #2 Subject: Multiple Vessel Mooring System — Pilot Project at NHYC Mooring Field Summary: Newport Harbor Yacht Club (NHYC) has requested to install up to four multiple vessel mooring systems as part of a pilot project in the NHYC mooring field. These floats will allow multiple vessels to utilize one mooring can therefore maximizing efficiency in the mooring field. Discussion: Public Comments: Action: 1. Allow an exception to Municipal Code 17.22.030 for the proposed pilot project for a period not to exceed 24 months. 2. Allow an exception to Municipal Code 17.22.030 for the proposed pilot project for a period not to exceed 24 months with special conditions. 3. Advise Harbor Resources to deny the pilot project proposal. SUB -COMMITTEE REPORTS _ Receive and File HARBOR RESOURCES UPDATE — Receive and File PUBLIC COMMENTS ON SUB -COMMITTEE REPORTS OR HARBOR RESOURCES UPDATE COMMISSIONER'S ANNOUNCEMENTS OR MATTERS TO BE PLACED ON FUTURE AGENDAS FOR DISCUSSION, ACTION OR REPORT RECOMMENDED TOPICS FOR FUTURE AGENDAS: • Balboa Marina Environmental Documentation Review • State of the Harbor DATE OF NEXT MEETING: March 8, 2006, City Council Chambers, 6:00 pm ADJOURNMENT NEWPORT BEACH HARBOR COMMISSION MINUTES City Council Chambers February 8, 2006 CALL TO ORDER 6:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Commissioners, Seymour Beek, Tim Collins, John Corrough, Ralph Rodheim, Marshall Duffield, Don Lawrenz and Paulette Pappas were present. Staff: Lorrie Arcese; Dave Kiff, Chris Miller and Tom Rossmiller. MINUTES: The minutes from the last meeting were approved with correction noted. PUBLIC COMMENTS: Glenn Twitchell — He appreciates all of the work done and the protecting of the harbor. If we don't act who will. He is disappointed that the recommended changes were disregarded at GPAC. He feels that Chairman Corrough was the only one who spoke up. The draft Harbor Element is offensive and hostile. The problems mentioned with the transfers and liveaboards impacting the harbor are lies. If this is not changed he said he will be forced to fight with Green Light against the General Plan. Monica Twitchell — She believes that life is beautiful living on a boat. The proposed General Plan is offensive, which gives the impression that liveaboards are a danger to the environment. The transfers are published, not hidden and anyone is welcome to look into purchasing one. Carter Ford — He said he has listened to the discussions of the GPAC and heard that it would be placed back as its own document. The Commissioners are experts regarding the harbor. GPAC doesn't comprehend the power of what they're doing. John Braylen — A transfer from the waiting list of a mooring was done some time ago, he got the mooring and turned around and sold it at a nice profit. This is something you would want to avoid. Chairman Corrough said there will be another cycle considering the Harbor Element and the General Plan with the Planning Commission and City Council. If you want your voice heard, go to those meetings. REQUEST FOR CONTINUANCES: None APPEAL ITEMS: None ACTION ITEM ITEM #1 Subject: Recommendations of the Mooring Master Plan Subcommittee Regarding the NHYC and "F" Mooring Fields Summary: The volunteer Citizen's Task Group of the Harbor Commission's Mooring Master Plan Subcommittee, Jack Hutchinson and Carter Ford, presented recommendations resulting from and in-depth analysis of the NHYC and "F" mooring fields. Outreach was done and surrounding citizens commented that they don't want the moorings closer to them; they want less moorings and no larger vessels. Discussion: The field will be kept at 100 feet. The Task Group was commended for their work. Public Comments: None Action: Commissioner Beek made the motion to implement the recommendation of the Task Group. The motion was seconded and passed with all ayes. ITEM #2 Subject: Multiple Vessel Mooring System — Pilot Project at NHYC Mooring Field Summary: Newport Harbor Yacht Club (NHYC) has requested to install up to four multiple vessel mooring systems as part of a pilot project in the NHYC mooring field. These floats will allow multiple vessels to utilize one mooring can, therefore maximizing efficiency in the mooring field. Todd Springer gave a presentation on the proposal. Discussion: NHYC could prearrange towing in an emergency in case of break away. Rhode Island is currently using the system (as per photos) and none have broken loose. Public Comments: Carter Ford said it is a great idea and added that the Balboa Yacht Club would be another good test location. Action: Commissioner Collins made the motion to direct City Staff to draft a revision to Municipal Code 17.22.030 for the proposed pilot project as it pertains to single point mooring permittees for a period not to exceed 24 months. Reports on clerical data, including recommendation for improvement or refinement of the portable docks, are to be presented to the Harbor Commission and Harbor Resources after that time period. The motion was seconded and passed with all ayes. SUB -COMMITTEE REPORTS: The Mooring Sub=committee next will work on area D, G, K, etc. The Charter Sub -committee is complete. The Marketing Sub -committee needs to be retired. Marina Park is looking for neighbors input. HARBOR RESOURCE UPDATES: Tom Rossmiller gave a PowerPoint presentation on harbor updates. The Harbor Resources Update is posted at: http://www.city.neMort-beach.ca.uslhbr (under minutes, Harbor Resources Updates). PUBLIC COMMENTS ON SUB -COMMITTEE REPORTS OR HARBOR RESOURCES UPDATE: COMMISSIONER'S ANNOUNCEMENTS OR MATTERS TO BE PLACED ON FUTURE AGENDAS FOR DISCUSSION, ACTION OR REPORT: Commissioner Lawrenz requested that a buoy be put out by Channel Reef because of the danger of grounding. Harbor Patrol will comply. RECOMMENDED TOPICS FOR FUTURE AGENDAS: • Balboa Marina Environmental Documentation Review. • State of the Harbor. • Coast Guard Report on the Endeavor Incident. DATE OF NEXT MEETING: Wednesday, March 8, 2006, 6:00 pm Council Chambers ADJOURNMENT O.— ~Rf0 IFOVL C OUNTY OF ORANGE Bryan Speegle, Director 300 N. Mower Street Santa Ana, CA P.C. Box 4-048 RESOURCES & DESEVELOPMENT MANAGEMENT DEPARTMENT Santa Ana, CA 92702-4048 June 5, 2006 Tad Springer, Port Captain Newport Harbor Yacht Club 720 W. Bay Avenue Newport Beach, CA 92661 Subject: Pilot Project Multi -Vessel Mooring System in Newport Harbor Dear Mr. Springer, Telephone: (714) 834-2300 Fax: (714) 834-5188 I have reviewed your request to evaluate the feasibility of providing more efficient use of mooring space in Newport Harbor by utilizing the Multi -Vessel Mooring System (MVMS), as described in your recent letter. I support the concept and the pilot project. As provided by Section 2-2-64 (Making Fast To Moored Vessels) of the Orange County Codified Ordinances, I would be willing to authorize the allowance of multiple vessels to be tied to a single mooring for purposes of the proposed pilot project. However, before I do so, I would like to receive confirmation from the OCSD/Harbor Patrol that they approve of the proposal and that they agree to monitor and evaluate the pilot project in conjunction with the City of Newport Beach's Harbor Resources Department. Should you have any questions, please contact Rich Adler of my staff at (714) 834-6792. Very Kevin Thomas, Director RDMD/Harbors, Beaches and Parks cc: Tom Rossmiller, City of Newport Beach Captain Deana Bergquist, Harbor Patrol CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 June 13, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office / Harbor Resources Division Dave Kiff, Assistant City Manager, (949) 644-3002 dkiff city.newport-beach.ca.us Harbor Resources Division (City Manager's Office) Chris Miller, (949) 644-3043 cmiller city.newport-beach.ca.us SUBJECT: Multiple Vessel Mooring System Pilot Program ISSUE: Newport Harbor Yacht Club has requested to install multiple vessel mooringsystems'' (MVMS) as a pilot program in the single -point mooring areas (Newport Harbor Yacht Club and Balboa Yacht Club mooring fields only). These floats will allow multiple vessels to moor on one mooring buoy, therefore maximizing efficiency within the mooring field. Should the Council authorize this request for a 2-year period? RECOMMENDATION: Introduce Ordinance No. 2006-_ related to Moorings, and pass to second reading on June 27, 2006; BACKGROUND: Over the years, the Harbor Commission and the former Harbor Committee have been. interested in developing a system to moor multiple vessels on a single mooring can. When the Harbor Commission's Mooring Master Plan subcommittee was formed in January 2005, the idea of a multiple vessel mooring system was discussed as a possible alternative to single -point moorings. In January 2006, NHYC submitted a request to install multiple vessel mooring systems in the yacht club's single -point mooring field. NHYC intends on using floats (dock fingers) that were previously used as temporary yacht club docks. The yacht club has improved the design of these floats by installing ladders, emergency towing bridles, and an emergency anchor and rode. Newport Harbor has only two single -point mooring fields which are permitted to NHYC and Balboa Yacht Club (BYC) — please see the attached map. All other mooring fields Multiple Vessel Mooring System Pilot Program June 13, 2006 Page 2 are double -point systems which would be prohibited from using the multiple vessel mooring system. NHYC intends to moor smaller vessels to the multiple vessel mooring systems, such as 25' sailboats, skiffs and the sailing instructor's chase boats (Whalers). The pilot program will be in effect until June 30, 2008 at which time it will expire unless action is taken to amend the Code. At its February 8, 2006 meeting, the Harbor Commission approved the use of this system in the single -point mooring areas. Harbor Resources and the Harbor Patrol also support this pilot program along with the safety measures that have also been proposed. These particular mooring areas allow NHYC and BYC to closely monitor the pilot program and to make any adjustments as needed during the next two years. ENVIRONMENTAL REVIEW: The proposed project is categorically exempt from environmental review pursuant to CEQA Guidelines, Section 15301, Class 1 (Existing Facilities): "Alteration of existing. public... facilities... involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination." PUBLIC NOTICE: This agenda item has been noticed according to the Ralph M Brown Act (72 hours in advance of the public meetings at which the City Council considers the item). Prepared by: a Chris Miller Harbor Resources Supervisor Attachments: Photos Ordinance Map of Affected Mooring Areas Ordinance Change — Strikeout Submitted by: Dhyd Kiff Assistant City Manager Multiple Vessel Mooring System Pilot Program June 13, 2006 Page Multiple Vessel Mooring System 2 ORDINANCE NO.2006-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, AMENDING SECTIONS 17.22.030 AND 17.22.110 OF CHAPTER 17.22 OF THE NEWPORT BEACH MUNICIPAL CODE REGULATING THE MOORING OF VESSELS IN NEWPORT HARBOR WHEREAS, the City of Newport Beach ("City") is a charter city, governed by a charter adopted by the citizens of the City; and WHEREAS, Newport Harbor is within the geographical boundaries of the City of Newport Beach and as such the City has an interest in ensuring that the use of the tidelands is both efficient and beneficial; and WHEREAS, the City Council recognizes that the Southern California boating population is growing substantially faster than the rate at which mooring and docking facilities are being created, thereby causing a shortage of mooring and docking facilities; and WHEREAS, the City Council acknowledges the benefits accruing to the. City, its residents and its businesses through the existence of a thriving pleasure boating community; and WHEREAS, the. City desires to create more beneficial use of its tidelands by increasing mooring facilities in the harbor when feasible; NOW, THEREFORE, the City Council of the City of Newport Beach hereby ordains as follows: SECTION1: Section 17.22.030 "Issuance of Permits —Conditions" is hereby amended to read in its entirety as follows: 17.22.030 Issuance of Permits -Conditions A. Issuance of Permits. The Harbor Resources Manager, in furtherance of the tideland grants to the City, may issue a permit to allow the permittee to temporarily use a portion of the waters of Newport Harbor for the mooring of a vessel. Each permit so issued by the Harbor Resources Manager shall be issued to the permittee, specify the vessel for which the permit has been issued, and provide that the permittee may change the vessel for which the permit has been issued, upon written notification to the Harbor Resources Manager, and which permit shall allow the permittee to moor only the vessel owned by him or her and assigned to the permit to such mooring or buoy. B. Exceptions: 1. Permits issued to. Yacht Clubs in Single Point Mooring Areas: When a permit is issued to a yacht club in a single point mooring area, the club shall be permitted to assign the mooring to one of its members. The Club shall keep a record of the person and vessel to which the mooring has been assigned. 2. Mooring of a Tender: A vessel no longer than fourteen (14) feet in overall length may be secured to the permitted vessel as long as someone is aboard the permitted vessel or may be secured to the mooring in the absence of the permitted vessel. 3. Multiple Vessel Mooring System Pilot Program: The Harbor Resources Manager may approve Multiple Vessel Mooring Systems in single point mooring areas of Newport Harbor during the duration of this pilot program. A Multiple Vessel Mooring System is defined as a floating platform secured to a single point mooring to which may be secured vessels shorter in overall length than the side of the platform to which the vessel is to be moored. An application for a Multiple Vessel Mooring System shall be submitted in writing to the Harbor Resources Manager, who shall evaluate the application based upon standards he shall have established. Newport Beach Municipal Code Section 17.22.030 (B) (3) shall remain in effect only until June 30, 2008, and as of that date is repealed, unless a later enacted ordinance, that is enacted before June 30, 2008, deletes or extends that date. Prior to June 30, 2008, the Harbor Resources Manager shall present a report to the City Council recommending that the program either be made permanent, modified, or allowed to expire. SECTION 2: Section 17.22.110 "Rental Not Permitted" is hereby amended to read in its entirety as follows: 17.22.110 Rental Not Permitted With the exception of moorings issued to yacht clubs, no mooring may be leased or rented by the permittee to another person except with the written permission of the Harbor Resources Manager. SECTION 3: The City Council hereby declares that if any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 5: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of June, 2006, and adopted on the 27t day of June, 2006, by the following vote, to wit: AYES, COUNCILMEMBERS Curry, Selich, Rosansky, Ridgeway.,. Daigle:,;:N chols, Mayor Webb NOES, COUNCILMEMBERS -- ABSENT COUNCILMEMBERS I 1 (/1 MAYOR` ATTEST: CITY CLERK STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2006-15 was duly and regularly introduced before and adopted by. the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of June 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of June 2006. (Seal) 8!4:::2� City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH ) I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2006-15 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: July 1, 2006. In witness whereof, I have hereunto subscribed my name this day of 2006. City Clerk City of Newport Beach, California Multiple Vessel Mooring System Pilot Program June 13, 2006 Page 7 Map of Affected Mooring Areas >, Y l zff. d x� \ 7 i f Multiple Vessel Mooring System Pilot Program June 13, 2006 Page 8 Ordinance Change - Strikeout 17.22.030 Issuance of Permit — Conditions The Harbor Resources fir-ecter-fiil Da er, in furtherance of the tideland grants to the City, may issue a permit to allow the permittee to temporarily use a portion of the waters of Newport Harbor for the mooring of a vessel. Each permit so issued by the Harbor Resources I ireeter-1ia er shall be issued to the permittee, specify the vessel for which the permit +spas been issued, and provide that the permittee may change the vessel for which the permit has been issued, upon written notification to the Harbor Resources DirectgrManaper, and which permit shall allow the permittee to moor only the vessel owned by him or her and assigned to the permit to such mooring or buoy. A. Exceptions: 1. Permits issued to 'yacht Clubs in Single Point Mooring Areas: When a permit is issued to a yacht club in a single point mooring area., the club shall be permitted to assign the mooring to ore of its members. The Club shall keep a record of the person and vessel to which the mooring has been assi ned. 2, oorin of a Tender: A vessel, no longer than fourteen (14) feet m. aximumin overall len th may be secured to the permitted vessel as long as someone is aboard the permitted vessel, or may be secured to the mooring in the absence of the permitted vessel. (Ord. 2002-18 (part), 2002) 3. Multiple Vessel Mooring System pilot Pro ram; The Harbor Resources Mann er mav aoorove Multiple Vessel Moorina Svstems in single point moorinq areas of New ova, rt Harbor during the dL r Lion 2f this pilot program. A Multiple Vessel Mooring..System is defined as a floating platform secured to a single point mooring to which may be secured vessels shorter in overall length than the side of the platform to which the vessel is to be moored. An application for a Multi le Vessel Moodnq System shall be submitted in writing to the Harbor Resources Manager, who shall evaluate the application based upon standards he shall have: established. Newport Beach Municipal Code Section 17,22.030 A shall remain in effect only until June 30 2008, and as of that date is repealed, unless.a later enacted ordinance, that is enacted before June 30 2008. deletes or extends that date, prior to June 30 2008. the Harbor Resources Manager shall present a report to the Council recornmendinq that the oro ram either be made permanent, modified or allowed to expire 17.22.110 Rental Not Permitted With the exception of moorings issued to yacht clubs, Nno mooring may be leased or rented by the permittee to another person except with the written permission of the Harbor Resources 9i oW na r. (Ord. 2002-18 (part), 2002) 0 City of Newport Beach City Council Minutes June 13, 2006 Outstanding Planning Implementation Award (Small Jurisdiction) - Sign Regulalions and Sign Design Guidelines. Outstanding Comprehensive Planning Award (Small Juris ction) - Local Coastal Program Coastal Land Use Plan. Planning Director Temple disp , ed the awards and expressed her pride in the City receiving such recognition. She ackmwledged those who contributed to the efforts. Mayor Webb introduced Ana Contreras, the City's new representative from The Daly Pilot. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS_OR MMK MATTERS WHICH COUNCIL BERS WOULD LIKE PLACED ON.A_ FUTURE AGENDA FOR DISCUSSION. AC71QN OR REPORT (NON -DISCUSSION ITEM); Council Member Daigle announced that she recently threw out the "first pitch" of the Newport Beach Little League Championship game. She commended the Little League program. Both Council Member Selich and Mayor Pro Tem R.osansky commented on the success of the Balboa Island parade held on June 4, 2006. Council Member Nichols announced that the groundbreaking for the Newport Coast Community Center recently took place. Mayor Webb announced that there are 87 days until the City's 100th birthday; and he shared a "Centennial moment". Mayor Webb complimented the "Dredges to Dreamboats" exhibit at the Newport Harbor Nautical Museum, and recommended that the public take the opportunity to see it. Council Member Ridgeway requested that staff look at a joint use project with the Balboa Market for a parking structure that would benefit both private and public interests. I. CONSENT CALENDAR READING OF MINUT S/ORDIIVAIVCES. AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MAY 23, 2006. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINALCE FOR..IIVTROD UCTIOIV 3. MULTIPLE VESSEL MOORING SYSTEM PILOT PROGRAM. [100-20061 Introduce Ordinance No. 2006-15 related to Moorings, and pass to second reading on June 27, 2006. RESOLUTIONS FOR AD OP 4. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF Volume 57 - Page 687 City of Newport Beach City Council Minutes June 13, 2006 SEASHORE DRIVE, NEWPORT BOULEVARD AND BALBOA BOULT.VARD, BACK BAY DRIVE, SELECTED PARKING LOTS, AND SELECTED ;WEDER STREETS FOR THE JULY 4TH HOLIDAY. 1100-20061 Adopt Resoll on No. 2006-41. 5. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR SHORTENED FISCAL YEAR 2005-2006, AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2006-2007. [100-2006] 1) Approve the Annual Report for the shortened 2005-2006 Corona del Mar Business Improvement District Fiscal Year; and2) adopt Resolution of Intention No. 2006-42 to levy Assessments for FY 2006-2007. and set the public hearing for June 27, 2006. 6. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR SHORTENED FISCAL YEAR 2006, AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2006-2007. [100-20061 1) Approve the Annual Report for the shortened 2006 Marine Avenue Business Improvement District Fiscal Year; and 2) adopt Resolution of Intention No. 2006-43 to levy Assessments for FY 2006-2007, and set the public hearing for June 27, 2006. 7. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR SHORTENED FISCAL YEAR 24016 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR OF JULY 1, 2006 TO JUNE 30, 2007. [100-20061 1) Approve Restaurant Association Business Improvement District shortened Fiscal Year 2006 Annual Report; and 2) adopt Resolution of Intention No. 2006-44 and set the public hearing for June 27, 2006. 8. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2006 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2007. [100- 20061 1) Approve Balboa Village Business Improvement District FY 2006 Annual Report; and 2) adopt Resolution of Intention No. 2006-45 and set the public hearing for June 27, 2006. CONTRACTS AND. AGREEMFtNTS 9. APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CALIFORNIA COASTAL COMMISSION FOR CORONA DEL MAR STATE BEACH REPLENISHMENT FUNDS (C-3846). [381100-20061 Authorize the City Manager to execute an MOU with the California Coastal Commission for sand replenishment projects in the Crystal Cove Littoral Subcell with a first priority project at the east end of Ccrona del Mar State Beach. 10.. NEWPORT SHORES PX%7EMENT REHABILITATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C-3721). [381100-20061 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; 4) release the Faithful Performance Bond one (1) year after Council acceptance; and 5) approve a budget amendment (06BA-072) transferring $5,000 from State Gas Tax unappropriated fund balance to 7181-05100769 to cover additional soils testing Volurne 57 - Page 688 City of Newport Beach City Council Minutes June 13, 2006 required to be performed. 11. WEST NEWPORT PAVEMENT REHABILITATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C-3723). [381100-20061 '1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Coder and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 13. IRVINE AVENUE AND DOVER DRIVE 24" WATER MAIN - AWARD OF CONTRACT (C-3708). [381100-20061 1) Approve the plans and specifications; 2) award the contract (C-3708) to Vadnais Corporation for the total bid price of $2,827,049 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $300,000 to cover the cost of unforeseen work and $50,000 for materials testing and geotechnical services. 14. PURCHASE OF A 5-TON BRIDGE CRANE FOR BUILDING W AT THE CORPORATION YARD (C-3847). [381100-20061 Approve the contract with Otto Systems for the purchase and installation of the bridge crane at the cost of '$59,238. 15. AGREEMENT WITH ORANGE COUNTY STRIPING SERVICES, INC. FOR ON -CALL STREET STRIPING AND SIGN INSTALLATION (C-3848). [381100- 20061 Approve the contract with Orange County Striping Services, Inc. for street striping, pavement and curb marking, and sign installation on an on -call basis. 16. PROPOSED MODIFICATIONS TO CITY ATTORNEYS EMPLOYMENT AGREEMENT (C-3744). [381100-2006] Approve a two year employment agreement with the City Attorney, which includes a 5% salary increase, effective June 1, 2006, and a 5% salary increase the second year, effective June 1, 2007. MISCELLANEOUS 18. BOARD AND COMMISSION SCHEDULED VACANCIES - CONFIRMATION OF NOMINEES. 1100-20061 1) Accept the resignation of Allen Doby, Parks, Beaches & Recreation Commission, effective, June 1, 2006, and approve the recommendation of the Ad Hoc Appointments Committee to fill the vacancy in conjunction with the scheduled vacancies; 2) accept the resignation of Harry Hamilton, Library Board of Trustees, effective June 30, 2W6, and direct the City Clerk to advertise the vacancy pursuant to Council Policy A-2 and direct the currently appointed ad hoc Appointments Committee (Mayor Pro Tem Rosansky and Council Members Daigle and Selich) to review the applications and recommend nominees to the full Council; and 3) confirm the nominations made by the Ad Hoc Appointments Committee (as listed in staff report). 19. REQUEST FOR ADDITIONAL FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 87 (BIG BALBOA ISLAND). [891100-20061 Authorize a budget amendment (06BA-073) from General Fund Unappropriated Reserves in the amount of $31,800 to Assessment District No. 87, Account No. 74087-9810 for electrical design. 20. AUTHORIZE THE PURCHASE OF REPLACEMENT COMPUTER SERVERS FOR USE BY THE ORANGE COUNTY INTEGRATED LAW AND JUSTICE PROGRAM. [I00-2006] Authorize the purchase of six (6) PowerEdge Computer Volume 57 - Page 689 City of Newport Beach City Council Minutes June 13, 2006 Servers from Dell for use by the Orange County Integrated Law and Justice Program in the amount of 1*542,431.34 (funding through the 2002 COPS Technology Grant). 21. ACCEPTANCE OF URBAN AREAS SECURITY INITIATIVE (UASI) GRANT FUNDS FOR TRAINING COSTS. 1100-20061 1) Accept funds ($50,173) from the UASI Grant (06BA-074) for reimbursing training related costs associated with Department of Homeland Security (DHS) courses for the Police & Fire Departments; 2) authorize the establishment of a revenue account to facilitate the administration of the UASI Grant Funds; and 3) authorize the Chief of Police to sign the FY05 Santa Ana Allowable Purchase Pre -Approval Form, accepting the Grant Training Allocation. 22. DBE SUBMITTAL. [100-20061 1) Approve the DBE Program for the City of Newport Beach for Federal Fiscal Year beginning October 1, 2006 and ending September 30, 2007; 2) authorize the Public Works Director to submit the approved DBE Program to Caltrans staff; and 3) designate Bill Patapoff, City Engineer, as the City's DBE Liaison Officer. 23. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY200512006 EXPENDITURE ACCOUNTS, [100-20061 Approve a budget amendment (06BA-076) to increase revenue estimates by $111,823 in Account No. 4090-5893 (Library Foundation Donations) and increase expenditure estimates by the same amount in Division 4090 (Foundation) and 4060 (Literacy). 24. APPROVAL OF STOCK TRANSFER BY EIP ASSOCIATES, INC. (C-3620). [381100-20061 Approve transfer of 100% of EIP Associates, Inc. stock to PBS&J, pursuant to Paragraph 14 of Professional Services Agreement dated June 10, 2003. Mayor Webb suggested that the approval of Item No. 33 be included in the Consent Calendar motion. No objections were heard. Council Member Daigle confirmed that City Attorney Clauson did not have any comment.; regarding the staff recommendation on Item No. 33. Council Member Nichols expressed his support for the action recommended for Item. No. 9. Motion .bx Maxor_Pro Tern Rosanskv to approve the Consent Calendar and Item No. 33 under Current Business, with the exception of those items removed from the Consent Calendar (12, 17 and 25). The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Absent: Council Member Curry J. ITEMS REMOVED FROM THE. ��ONSENT_CALENDAR 12. FLASHING CROSSWALK AT COAST HIGHWAY AND ORCHID AVENUE - AWARD OF CONTRACT (C-3831). [381100-20061 Council Member Nichols asked if the crosswalk would be tied in with the stoplight system so that traffic is not; automatically stopped on Coast Highway_ Public Works Director Badum explained that the proposed lighted crosswalk system enhances the Volume 57 - Page 690 City of Newport Beach City Council Minutes June 27, 2006 WOULD__.LIKE_ PLACED ON_A _FUTURE AGENDA FOR, DISCUSSION,_.ACTION_OR. REPORT LNON DISC-SSIONITEM): Council Member Daigle requested that the Ad Hoc Committee on Legislative Advocacy consider sponsoring State legislation regarding regulating residential care facilities that have six or less occupants and the concentration of the facilities. She also requested that the Committee consider forming a coalition with other impacted cities where these residential care facilities are proliferating. She reported that the City currently has 20 facilities and 17 more are currently being planned. Council Member Selich requested a future agenda item to update the Quimby ,Act Fees. Council Member Curry requested that a Charter amendment regar '�ri`� eminent domain be placed on the November ballot since the State did not adopt legisl re ing this issue. Mayor Webb announced that, last Wednesday, the Transp% tion Corridor A * ncies celebrated its 20th birthday and presented the City with a plaques 'He also announced t'% t he attended the Fire Department's promotional pinning ceremony; today f - 6 individuals. '; Mayor Webb reported that the first Concerts in was held last Sunday ail`°°reviewed the schedule for the summer. g Mayor Webb announced that there a&%6 days until tl °t,City's 100th Birthday and provided Centennial moments. : A... UE. Mayor Webb reminded the public thatrthere wiII �'rYehicle trictions on Balboa Boulevard starting at noon on July, 4. City Manager�,$iudau announced tha „ihe City has sponsored a fireworks display at the Newport Du , and staffed that it will 150t longer in order to celebrate the City s Centennial. I. CONSENT. fEADI1V'O'' _M .3[ITES/ORDINVCES AND RESOLi7TlONS 1. MI • ES 0 rTHE ADJOURNED REGULAR AND REGULAR MEETING OF JUN3, 2006='100-2006j Waive reading of subject minutes, approve as written and order died. 2. RENDING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all d� ordinances and resolutions under consideration, and direct City Clerk to read by title ORDINA1VCE FOR.INTRODiICTION S. CABLE TELEVISION: ORDINANCE ADOPTING A FRANCHISE AGREEMENT WITH COX COMMUNICATIONS. (42/100-20061 Continued to a future City Council meeting. ORDINANCES FOR ADOPTION MULTIPLE VESSEL MOORING SYSTEM PILOT PROGRAM. [100-20061 Adopt Ordinance No. 2006-15 related to Moorings. Volume 57 - Page 707 City of Newport Beach City Council Minutes June 27, 2006 5. CODE AMENDMENT NO. 2006-004 (PA2006-078) - AMENDMENT TO CHAPTER 20.65 (HEIGHT LIMITS) TO ADD AN EXCEPTION FOR LIGHT STANDARDS TO EXCEED HEIGHT LIMITS SUBJECT TO THE REVIEW AND APPROVAL OF A USE PERMIT. 1100-2006] Adopt Ordinance No. 2006.16 approving Code Amendment 2006-004. RESOLUTIONS, FOR ADOPTION 6. MEASURE M SEVEN YEAR CIP. [100-2006] 1) Adopt the Seven -Year Capital Improvement Program; 2) adopt Resolution No. 2006-47 affirming t , t the City's Circulation Element does not preclude implementation of the regio aster Plan of Arterial Highways; and 3) direct staff to submit the adopted pital Improvement Do Program, Maintenance of Effort certification, to the Oran unty Transportation Authority to satisfy the eligibility provisions for sure and Congestion Management Programs. 7. GENERAL MUNICIPAL ELECTION - N9VEM+ B R 7, 2006:NRUE'STING N OF RESOLUTIONS CALLING THE ELEC . N AND CONSOLIDATION WITH THE TVIDE GENERACTION (CANDIDATES ONLY). [391100-2006] A the following resolutining to the General Municipal Election scheduled for, esday, November 7, 2006 pursuant to Section 1000 of the City Cha : a) adopt Res _ ion No. 2006-48 Calling and Giving Notice of the Holding of a Gen nicipal Elec , to be Held on Tuesday, November 7, 2006, for the Election of Me ber e City Co it as Required by the Provisions of the City Charter; b) ado' t Resolu "" _No. 2 49 Requesting the Board of Supervisors of the County of O nge to . W sb�e a neral Municipal Election to be Held on Tu November 7, "006ith the St'vide General Election to be Held on the Sa Date 'Pursuant to ion 10403 of the Elections Code; and c) adopt Res o ion No. 2006-50 Ado' ng Regulations for Candidates for Elective Office Pertai g to ndidates State ents Submitted to the Voters at an Election to be held on Tues er 7, 2006_ A D ON-EXC. SOLID WASTE COLLECTION FRANCHISE TO NE RT AST DEMOLITION. [441100-20061 1) Adopt Resolution of Intention No. 2 6-51 ward a Non-exclusive Solid Waste Franchise to Newport Coast Demo ion and set the public hearing for July 25, 2006; and 2) introduce Ordinance No. 6-17 granting a Non-exclusive Solid Waste Franchise to Newport Coast ;. Dem9 ition and pass to second reading on July 25, 2006. AVARD OF NON-EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO ) TERIOR REMOVAL SPECIALIST, INC. 1441100-20061 1) Adopt Resolution of Intention No. 2006-44 to award a Non-exclusive Solid Waste Franchise to Interior Removal Specialist, Inc. and to set the public hearing for July 25, 2006; and 2) introduce Ordinance No. 2006-18 granting a Non-exclusive Solid Waste Franchise to Interior Removal Specialist, Inc. and pass to second reading on July 25, 2006. 10. CABLE TELEVISION: ADOPTION OF RESOLUTION, MEMORANDUM OF UNDERSTANDING, SETTLEMENT AND MUTUAL RELEASE AGREEMENT AND CONSENT TO TRANSFER AGREEMENT RELATING TO TIME WARNER AND ADELPHIA. [421100-2006] 1) Adopt Resolution No. 2006-59 consenting to a transfer of a franchise for cable television from Adelphia to Time Warner; and 2) authorize the Mayor or the City Manager to execute any documents relating to the Volume 57 - Page 708 City of Newport Beach City Council Minutes Lune 27, 2006 transfer, including but not limited to a Memorandum of Understanding, a Settlement and Mutual Release Agreement, and a Consent to Transfer Agreement. CONTRA TS_AND.AGR.EEMENTS 12. AMENDMENT #1 TO A COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF TOTAL MAXIMUM DAILY LOADS (TMDLs) IN NEWPORT BAY (C-362I). [38/I00-20061 Authorize the Mayor to sign and execute Amendment #1 to the 2003 Cooperative Agreement to fund Nutrient, Fecal Coliform and Toxics Total Maximum Daily Load (TMDL) Studies & Programs i ,'the Newport Bay Watershed. 13. MONITORING STATIONS INSTALLATION - APPROVAL:F PROFESSIONAL SERVICES AGREEMENT WITH GEOMATRIX �. —0&5 L,, (38100-2006J 1) Approve a Professional Services Agreement with Geom_ at"ram of New" I Beach for water quality monitoring services at a contract price of 2;946.50 and au 'orize the Mayor yry and City Clerk to execute the Agreement; andR approve a budget am&Kent (06BA- 079) authorizing a transfer of $62,946. '''from Account 7014-05100p5 (Morning Canyon Stabilization Project) to Acc 7(1 4 _C5100851 (NCWS: IV cellaneous Watershed Activities).r 14. JAMBOREE ROAD REHAI LITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD - AWARN5. ONTRACT' (-3826). C38/I00-20061 1) Approve the plans and specifications; 2)�awa a contract (+ A3826) to All American Asphalt for the total bid price of $1,061,06k and aut a the Mil ,qr and the City Clerk to execute the contract; 3) establish an mount of to cover the cost of unforeseen work; and 4) appr , Q9 budget ame dine . (06BA-OB2) appropriating $400,000 from the ^M L AHRP fi rfff'balloce to Account<285-05100832 and $781,061 from the Measure M Turn,#ck fund Balance to Acco "' it No. 7281-05100832. 15. COAS; HIGAWAY CHANNELIZATION-CORONA DEL MAR - COMPLETION fsI?�TA AC 1'1 `9040F C01 3`RACT (C-3558). [38/I00-20061 1) Accept the work; thorizehe City Ciek4�le a Notice of Completion; 3) authorize the City Clerk to K. release. the or and Materials bond 35 days after the Notice of Completion has been recor(Q in ac rdance with applicable portions of the Civil Code; and 4) release the Faithfii Performance Bond one (1) year after Council acceptance. 16. MORNING CANYON STABILIZATION - COMPLETION AND ACCEPTANCE ` OF PONTRACT (C-3517). [381100-20061 1) Accept the work; 2) authorize the City ,: -�..:, Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor Materials bond 35 days after the Notice of Completion has been recorded in "accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 17. GEOTECHNICAL AND MATERIALS TESTING AND EVALUATION, INSPECTION AND CONSTRUCTION MANAGEMENT, AND LANDSCAPE DESIGN SERVICES - APPROVAL OF ON -CALL PROFESSIONAL SERVICES AGREEMENTS (C-3854). [381100-20061 1) Approve Professional Services Agreements with Arroyo Geotechnical and LaBelle Marvin Inc. for on -call geotechnical and materials testing and evaluation services and authorize the Mayor and City Clerk to execute the Agreements; 2) approve a Professional Services Agreement with WEC Corporation for on -call inspection and construction management services and authorize the Mayor and City Clerk to execute the Agreements; and 3) approve Professional Volume 57 - Page 709 City of Newport Beach City Council Minutes June 27, 2006 Services Agreements with TCLA, Inc. and David Volz Design for on -call landscape design services and authorize the Mayor and the City Clerk to execute the Agreement. 18. LEGAL ADVERTISING BID FOR FISCAL YEAR 2006-2007. 132/100- 20061 Accept the bid of the Daily Pilot and authorize a purchase order for the one-year period of fiscal year 2006-2007. 19. 2005-2006 CITYWIDE SLURRY SEAL PROGRAM - AWARD OF CONTRACT (C- 3800). [381100-20061 1) Approve the plans and specifications; and 2) award the contract (C-3800) to Pavement Coatings Company for the total bid proof $471,946 and authorize the Mayor and the City Clerk to execute the contract. MISCELLANEOI$ 20. DOVER DRIVE, NORTH OF CLIFF DRIVE PMEWAL.,- MITIGATED NEGATIVE DECLARATION (C-3652). 138/100- 6] Adopt Reso 4tion No. 2006-54 approving the Mitigated Negative Declaration ) fo Dover Drive k&walk Project. 21. PURCHASE OF A SIX -POST MOBIL GIST STEM FOR THE E' IPMENT MAINTENANCE DIVISION. [100-200 pprove the purchase of r six -post, 90,000 pound capacity mobile lifting sy and accessories from Automotive Resources, Inc. at a cost of $6 28.96, and 2) a ove a budget amendment (06BA-080) to transfer $60,228.96 from- propriated rnal Service Fund reserves into Account 6110-9200 to fund thelur 22. SHORELINE OBSERVAT19N SYS (SOS ; (100-2006J 1) Approve the purchase and ' tallation of th* New eac : ore "line Observation System (SOS); and 2) ap�ve sole source pzr . " se of camera and ancillary equipment from ISMS Inc., S,hAespea a Composite S " ctures Mfg., and Pro 911 Systems. 23. BUDGEtT ENDMENT FOR SIGNATURE VERIFICATION. (100- „r,;,2Q06J Ar. et amen(6ent (06BA-078) from General Fund Unappropriated Balae, Oi0-3°... ,y. amount of $51,653 to Election Services, 0220-8080, to pay tie cosiTar the CountyOrange Registrar of Voters to verify the signatures on the Debtitiativ d the Greenlight II initiative petitions. 9 27. SOBFLIVID ; BY THE SEA - USE PERMIT NO. 2005-031, OFFSITE PARKING AGREEMENT NO. 2005-005 (C-3836), MODIFICATION PERMIT NO. 2005433 - 2811 VILLA WAY (PA 2005-136) (contd. from 4111/06 and 5/23/06). [281'00-2006J Continue to August 22, 2006. .:a 28 .LL7DGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY 2005/2006 EXPENDITURE ACCOUNTS. 1100-20061 Approve a budget amendment (06BA-081) to increase revenue estimates by $11,000 in Account No. 4090-5893 (Library Foundation Donations) and increase expenditure estimates by the same amount in Division 4090 (Foundation). Motion_ by 99r Pro. Tem Rosansky to approve the Consent Calendar, except for the items removed (11, 24, 25 & 26); and noting the continuance of Item 3. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Volume 57 - Page 710 i City of Newport Beach City Council Minutes June 27, 2006 Council Member Ridgeway, Council Member Daigle, Council Member Nichols J. ITEMS REMOVED FROM THE CONSENT CALENDAR. 11. CONTRACT FOR PURCHASE AND INSTALLATION OF SHADE STRUCTURES AT BONITA CANYON SPORTS PARK (C-3849) (coast. from 6/13/06). j381100-20061 Recreation and Senior Services Director Knight reported that the shade structures will service the ball field bleachers and the picnic areas, and explained w the Parks, Beaches, and Recreation Commission did not favor the plan. Discussion ensued amongst Council relative to whether th Cadetructures were necessary. Motion Council _Member Daigle to approv a contract vft United Sports Surfacing of America for the purchase and ins Ifatio of shade strutres at Bonita Canyon Sports Park in the amount of $1, Emery Mullner, Newport Beach Little Lea pe in support of the shadetructures. The motion carried by the following roll call vo Ayes: Council Member Cur r` cil Member, lich, Mayor Pro Tem Rosansky, Mayor Webb, CouncilIemb dgeway, until Member Daigle, Council Member Nichols:.: 24. CERTIFICATf10N OF THE PETITION ENTILED "VOTER APPROVAL FOR MAJO&M VE OPMENTS C�__ t "AS BUILT CONDITION" OF CITY". 139/I00- 2006 n Phil Ar , T�Gr ht spokesperspn, questioned the need for the 30 day delay in order to owl'"the ; Gil h�e.,he beli0ed that this would delay the process. ! 41...- John'-' elson' ressed his opposition to the Greenlight II initiative. gag =a City rney ClU son confirmed that the petition is being certified tonight, she has 30 days :.came bat to Council with a report, and this is enough time for Council to place the i tiative on the November ballot. s M ion_ by -Council. Member Wg way_ to 1) approve the certification of the petition �w " iitled "Voter Approval for Major Developments Over "As Built" Condition of City" eve om the Registrar of Voters, County of Orange, as presented by the City Clerk; and 2) direct staff to report back to Council on or before Tuesday, July 25, 2006 with the impacts of the initiative on municipal operations pursuant to Council action taken on January 24, 2006 and with the necessary actions required by Election Code Section 9215. The motion carried by the following roil call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Volume 57 - Page 711 SHERIFF -CORONER DEPARTMENT COUNTY OF ORANGE CALIFORNIA April 13, 2005 Jer nifer Lancaster Nei sport Harbor Yacht Club 72C West Bay Avenue Nei +port Beach, CA 92663 De., Ms. Lancaster: P•2 MICHAEL S. CARONA SHERIFF -CORONER ASSISTANT SHERIFFS JO ANN GALISKY PETE GANNON KIM MARKUSON DOUG STORM The "Opening Day Ceremonies Raft Up", scheduled for April 30, 2005 May 1, 200 ,, to be held at The Newport Harbor Yacht Club, has been approved with the folic ruing conditions: No more than three vessels may be side -tied to any locations adjacent to the navigation channel; NHYC will provide a 24 hour fire watch, per the City's guidelines for special events and rafting; Side -tied vessels must display an anchor light (white light visible 360°) during the hours of darkness so as not to create a hazard to navigation; Fire hoses from dockside cabinets must be able to reach any and all boats secured in slips or raft -up positions. Plea :e remind your group that the Environmental Protection Agency has deck red Newport Harbor a NO DISCHARGE HARBOR. For this reason, cour E1sy pump -out stations are located throughout the harbor. ShOL Id any member of this group experience a marine or medical emergency Burin ,i the event, please call NEWPORT HARBOR PATROL on channel 16 VHF marii a radio for immediate assistance. SincE rely, M1C1- ,A; S. ARONA, S raff-Coroner LieutE giant Erin Giudice Actini Harbormaster EG. c d PROUDLY SERV rIG THE UNINCORPORATED AREAS OF ORANGE" GOUNTYAND THE FOLLOWING CITIES AND AGENCIES: ALISO VIEJO - :ANA POINT • LAGUNA HILLS • LAGUNA NIGUEL • LAGUNA WOODS - LAKE FOREST • MISSION VIEJO , r RANC • O SANTA MARGARITA • SAN CLEMENTE • SAN JUAN CAPISTRANO • STANTON • VILLA PARK HARBORS, BEACHES & PARKS • JOHN WAYNE AIRPORT - OCTA • SUPERIOR COURT FROM FAX N0, Apr. 12 2005 11:41RM P1 fin, Sony Guidelines for Special Event-Rafting/Multiole Berthing of Vessels Rafting / Multiple Berthing Of Vessels Is Not Permitted Without A TwentywFo.ur. 24 HourFire Watch and Approved Dock Fire Protection. Rafting / Multiple Berthing Of Vessels Is Permissible Provided The, Following Is Adhered To_ • Approved Class II standpipes are in on the docks. (Additional hose may be needed to connect to the standpipe system to augment the extent of rafted / multiple berthed vessels.) • A twenty-four (24) hour fire watch is provided during the entire event. Rafting and-Multil2le Berthing Of Vessels On Docks Without Firs Protection: • A twenty-four (24) hour fire watch is provided dining the entire event. • Portahie fire pumps, with hose carts must be provided for firefighting purposes. (Type and number of pumps to be determined by Fire Department.) Portable, Hose Carts: In lieu of required Class II standpipes on docks, the Fire Prevention Division allows the use of portable fire pumps/hose carts. The fire pumps/hose carts are designed to be used by a single individual for early, rapid fire suppression purposes. Since there is no known manufacturer ofportable fire pump / hose carts, the following are requirements for their design and functionality: Tlae fire pumps/hose carts are to contain a multi -purpose centrifugal, self-prim.in.g pump with a discharge capacity of not less than 100 gallons per minute, with a discharge pressure of not less than 50 psi. The cart shall contain not less than one hundred (100) feet of 1. '/Z inch fire hose equipped with a nozzle, having a discharge capacity of hot less than thirty (30) gallons per minute. The fire hose shall be connected to the portable fire pump at all times. The fire pumps/hose carts shall be equipped and have a minimum capacity to pump five (5) gallons of Class "A", 1% foam solution through the fire pump. In. addition, the fire pump/hose cart shall contain a minimum. of one (1) portable fire extinguisher rated not less than 2A, 20-B: C. The extinguisher shall possess a current service tag at the time of the event. Fire Watch Shall Consist Of; Two or more individuals not assigned to normal or daily staffing. • Shall be assigned to walk the area where required fire protection is required, Shall be trained in fire department and occupancy notification procedures. • Shall diligently watch for fire and take prompt action to extinguish same. • Shall perform rounds within the affected dock area at a minimum of once per hour. • Shall have two-way phone communication to notify 911 of fire or emergency. • Shall maintain a log book documenting rounds, and any ongoing .fire/life safety activities during fire watch. • Shall not be required to perform any other duties than these specified. P.1 SHERIFF -CORONER DEPARTMENT COUNTY OF ORANGE CALIFORNIA 1901 BAYSIOE ;RIVE CORONA DEL MAR CA 92625 February 10, 2005 (949) 673-11 '.'5 Jer -iifer Lancaster Ne liport Harbor Yacht Club 72( West Bay Avenue Bal aoa, CA 92661 MICHAEL S. CARONA SHERIFF -CORONER ASSISTANT SHERIFFS JO ANN GALISKY PETE GANNON KIM MARKUSON DOUG STORM Del Ir Ms. Lancaster: Ds0 ThE "Opening Day Ceremonies" raft -up, scheduled for - , 2005, to be hell I at Newport Harbor Yacht Club, has been approved with the following cor aitions: I . No more than three vessels may be side -tied to any locations adjacent to the navigation channel; C. On double and triple stacked vessels, someone must be on each vessel 2417 to move if required to do so; Side -tied vessels must display an anchor light (white light visible 3600) during the hours of darkness so as not to create a hazard to navigation; Fire hoses from dockside cabinets must be able to reach any and all boats secured in slips or raft -up positions. Ple< se remind your group that the Environmental Protection Agency has dec Fired .Newport Harbor a NO DISCHARGE HARBOR. For this reason, cou (esy pump -out stations are located throughout the harbor. Sho .ild any member of this group experience a marine or medical emergency duri ig the event, please call NEWPORT HARBOR PATROL on channel 16 VHF mar ,ie radio for immediate assistance. Sinc ;rarely, MIC 1AEL S, CARONA, Sheriff -Coroner Cap- - .J Greg Ri sell Hark ormaster GR:., PROUDLY SEf I?NG THE UNINCORPORATED AREAS OF ORANGE COUNTYAND THE FOLLOWING CITIES ANDAGENCIES: ALISO VIEJO - DANA POINT • LAGUNA HILLS • LAGUNA NIGUEL • LAGUNA WOODS • LAKE FOREST • MISSION VIEJO RAI ,HO SANTA MARGARITA • SAN CLEMENTE - SAN JUAN CAPISTRANO - STANTON • VILLA PARK HARBORS, BEACHES & PARKS • JOHN WAYNE AIRPORT - OCTA - SUPERIOR COURT 0I11IJIG'.ilS_E . ..a•+iu.ilav n,uµ Ll+.141L1./11V.11. 6puning Lay Ceremonies MEDITERRANEAN DOCKING SEE DIAGRAM Location: Newport Harbor YC Main bock 7Da1,,e_-,_4110-5'/1/20G65_ Time: continuous Name and address of sponsoring organization: Newport Harbor Yacht Club, 720 Nest Bay Ave, Balboa, CA, 92661 __ No. Of Participant vessels: 80 Tes: various Types: Power and Sailboat Anticipated Number of spectators: 0 Vessels: Will this event interfere with or impede the natural flow or traffic? NO Have any objections been received from other interested parties? If yes, Explain: NO Vessels provided by sponsoring organization for safety: N/A Number: NHYC will maintain a 24 hour fire watch Description: Is a need for coast guard auxiliary or other safety patrol anticipated? If yes, Explain: NO Contact person during event: Tom Gilbertson, NEYC General Manager, 949-673-7730 ::: ' :' ' : REPRESENTATIVE. OF ORCrAIIZATiOI R#AIiNr;AWL.`FfON, , Name and signature: Date. Address and phone: Newport Harbor Yacht Club Je fer Lan Aster 1/28/05 720 West Bay Ave. - Balboa, CA 92661 949-673-7730 R, .......'OR PATRtE USE ...:::...::... :..:... ,.,:..::::.;::::': ,:::::.:;:.:. •:.-:. ' .. ' .::..........::.: Approved by: Special conditions: t SHERIFF -CORONER DEPARTMENT COUNTY OF ORANGE CALIFORNIA 1901 BAYSIDE DRIVE CORONA DEL MAR, CA 92625 (949) 673-1025 Jennifer Lancaster Newport Harbor Yacht Club 720 West Bay Avenue Balboa, CA 92661 Dear Ms. Lancaster: February 10, 2005 MICHAEL S. CARONA SHERIFF -CORONER ASSISTANT SHERIFFS JO ANN GALISKY PETE GANNON KIM MARKUSON DOUG STORM The "Opening Day Ceremonies" raft -up, scheduled for March 4-6, 2005, to be held at Newport Harbor Yacht Club, has been approved with the following conditions: 1. No more than three vessels may be side -tied to any locations adjacent to the navigation channel; 2. On double and triple stacked vessels, someone must be on each vessel 2417 to move if required to do so; 3. Side -tied vessels must display an anchor light (white light visible 360°) during the hours of darkness so as not to create a hazard to navigation; 4. Fire hoses from dockside cabinets must be able to reach any and all boats secured in slips or raft -up positions. Please remind your group that the Environmental Protection Agency has declared Newport Harbor a NO DISCHARGE HARBOR. For this reason, courtesy pump -out stations are located throughout the harbor. Should any member of this group experience a marine or medical emergency during the event, please call NEWPORT HARBOR PATROL on channel 16 VHF marine radio for immediate assistance. Sincerely, MICHAEL S. CARO Sheriff -Coroner Captai Greg Russell Harbormaster GR:sc PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTYAND THE FOLLOWING CITIES AND AGENCIES: ALISO VIEJO • DANA POINT • LAGUNA HILLS • LAGUNA NIGUEL • LAGUNA WOODS • LAKE FOREST • MISSION VIEJO RANCHO SANTA MARGARITA • SAN CLEMENTE SAN JUAN CAPISTRANO STANTON •VILLA PARK HARBORS, BEACHES & PARKS • JOHN WAYNE AIRPORT • OCTA • SUPERIOR COURT j {'ing Times es �5 atur ay Sunday a HAFZE3QE2 Y^C O=ILIJ E3 CQ F314E N I N G 3;4a aC�4 3so 4.10 BEACH a'L( 3-00 f am In nn►t1mn��1 �u��ul�nlui� SRI 9 EAST BOAT YARD KID'S ZONE 7.20 LA BELLA a"e `or BEAR FLAG 7;20 VIVACIOUS SoCORRO 7-10 SILVER OAK CRESCENDO ndh,®r SYDAND 0 O x w CAT TRA ISLAND GIRL 3 WINGS 7:20 ENIGMA Z BANSHEE LU SVETI NIKOLA JOURNE HU WAH000 NORSAS MADCAP KAIR CHEER JUSTONCE anchor a +u 7;Io FANDAN MOLA MOLA :Z z RASCAL m ti a Q p SERENITY 0 WILLIAM B anchomoo v a GALATEA U FL Y W SHANAKE � U E !! w REFUGE � PEGASUS ABARET 11 OTRA VEZ PATRIOT VAHINE an STRIKER C>�Qr CAPRICIOUS NAIAD HONU BASTANTE CORDERO ELEBRATiON ARIADNE SAMARANG LA FRENEZIA nC� or Z $TER STARKRAVINGMAo x z Q y J ADRE LIN CAROLLEE, w co REJOICE ZAPATA II g SHORE BOATS ,.,<4 ��. i. ',ti i ,�ru'VI'.kP•fJ,�. 6E- n P'J i.4 ��'��%8d111'•ri� CITY OF NEWPORT BEACH FINAL LETTER - COMPLETE HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660 Tom Rossmiller - 949-644-3041 / Chris Miller - 949-644-3043 FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915 Nadine Morris - 949-644-3105 NEWPORT HARBOR YACHT CLUB ATTN: TOM GILBERTSON 720 W BAY AVE NEWPORT BEACH, CA 92661 Dear Commercial Pier Permittee, Permit number: HC2004-050 Location : 720 W BAY AVE Status: CLOSED 10/13/2004 This is an acknowledgement letter stating that you have successfully corrected the violations previously noted in the City report that was sent to you earlier this year. Your docks have met the minimum standards as set by The City of Newport Beach Municipal Code. Your actions will help reduce the potential for fire related injury and property damage in Newport Harbor. Please remember that it will be your responsibility to ensure that your docks maintain this level of safety in the years to come. The Harbor Resources and Fire Departments will be conducting routine inspections of your property in the future. Thank you for your compliance. Please feel free to give us a call if you should have any additional questions. DATE COMMENTS CHRIS MILLER - HARBOR RESOURCES SUPERVISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page 1 of 1 Miller, Chris From: Tegel, Gary Sent: Monday, August 30, 2004 2:40 PM To: - Miller, Chris Subject: Newport Yacht Club Hey Chris, I met with Fire Safety First at the Yacht club over off 8th st and Bay. They had a sheet with a discrepancy on the east dock which said the anti syphon needs to be separate from restroom. As I said we met today and did a shutdown test and the Reduced Pressure Principle device 2" in the cabinet serves only the dock in fact it is a separate meter from the bathrooms. I looked over the rest of the facility and with the installation of the new RP at the middle docks they are in complance with backflow regs. Any questions give me a hollar. Gary TO: FROM: Newport Beach Harbor Commission Staff Report December 10, 2003 Harbor Commission Chris Miller, Harbor Resources Supervisor SUBJECT: 8th Street Appeal — Newport Harbor Yacht Club Issue: Should Newport Harbor Yacht Club (NHYC) be granted permission to permanently berth a low profile boat (typically a sailboat) on the western dock owned by NHYC and contiguous to the 8th Street alley way, therefore encroaching upon the City Tidelands? Recommended Action: 1. Deny the request to permanently berth any boat on the western dock at 8th Street or at any other place on 8th Street which is over the City Tidelands. In addition, require NHYC to remove the portion of the west dock's current encroachment over City Tidelands. Background: During the past year, NHYC has made two requests to Harbor Resources concerning berthing vessels in the 8th Street alley way. During the course of the first request, the City determined that the 8th Street property lines extend bayward on the same bearing as the alley way. (See drawing below and Appendix A and B.) This is important because it establishes the proper City Tidelands boundaries for the area and in fact, reveals that part of the end of the westerly dock currently encroaches. Dock is encroaching 8th St. Alley Way l e, IN Pink area represents 8th Street public alley way prolongation. Page 2 The Harbor Permit Policies, Setbacks, substantiate this interpretation by stating: "The projection of the property line bayward of the same bearing from the bulkhead shall generally be used in determining the allowable setbacks for piers and floats. Because there are certain physical conditions which preclude the strict application of this policy without prejudice to adjoining properties, special consideration will be given to areas where precise projections of the property line have not been determined and the following conditions exist: 1. Where property lines are not approximately perpendicular to the bulkhead line. 2. Where curves or angles exist in the bulkhead line. 3. Where bridges, topography, street ends or publicly owned facilities adjoin the property." With respect to 8th Street, 1. The property lines are approximately perpendicular to the bulkhead line. 2. There are no curves or angles in the bulkhead line. 3. This third point refers to street ends that are next to houses with unusual property lines, such as the residence on North Bay Front and Collins. Second Request After Harbor Resources denied the first request, NHYC re -submitted their proposal which states that NHYC will: 1. Permanently berth a low profile vessel (typically a sailboat, minus mast, boom, rigging etc...) on the westerly dock, therefore encroaching upon City Tidelands. 2. Limit the size of vessel that will be allowed to berth on the easterly dock as long as the vessel is within the yacht club's property. This is represented in the drawing above as the "pie" shape, delineated by 8 feet at the bulkhead until it grows larger to 18 feet at the end of the pier. This condition is meant as a compromise to preserve the view corridor as much as possible. (Currently, there are no rules on the type of boat that is allowed to occupy this pie area, as long as it is within the yacht club's property.) 3. Pay the appropriate fee to encroach upon the City Tidelands. As proposed above, both docks may have boats berthed as long as the above conditions are met. The financial impact to the City is minimal. If this area would be granted to NHYC, the incremental revenue would be approximately $496 per year (20' x 80' x $.31 sq/ft).. Page 3 Other Issues View Corridor Aside from encroaching upon the City Tidelands, the public's view corridor will be impacted. Several local residents have spoken out against the yacht club's requests and they are adamant about preserving the view corridor. (See Exhibit C.) This street end is enjoyed by the local homeowners who enjoy the unobstructed view and who do not want to see the view impacted in any way. Several issues support the logic for preserving this public view corridor, including: The 8th Street alley way is publicly owned and is used by sightseers. A public bench, maintained by the City, still exists at the street end. A small public dock existed at this street end until the early 1980's. Consistency With the DRAFT Local Coastal Program (LCP) Also under consideration is the consistency with the City of Newport Beach Local Coastal Program (LCP, Draft, December 2003) as confirmed by the City's Planning Department (Patrick Alford, Senior Planner). Specifically, the following sections in the LCP may be cited: Policies 2.3.2-2 Continue to designate lands to provide visitor -serving and recreational facilities and view parks on or adjacent to the shoreline. 3.1.4 D Prohibit any encroachments that impact public access, recreation, views and/or coastal resources.. 3.1.4-6 Continue to prohibit private piers at street ends. (The intent of this section is to keep street ends as public corridors.) 4.2.1-6 Design and site new development, including landscaping, on the edges of public coastal view corridors, including those down public streets, to frame and accent public coastal views. California Coastal Commission The California Coastal Commission staff has requested to be notified in the event NHYC is granted permanent access to the City Tidelands. The purpose of staff's request is to further evaluate compliance with the City's proposed LCP policy and Coastal Act policies regarding view corridors. Page 4 Alternatives: Instead of agreeing to Harbor Resources' recommendation, the Harbor Commission could: A. Deny NHYC's request to permanently dock any boat over the City Tidelands yet allow the portion of the west dock to encroach as it has for decades. B. Grant NHYC's request to berth low profile vessels on the west dock. Also, NHYC will pledge to berth low profile vessels on the east dock as a consideration to the view corridor. NHYC will pay the appropriate City Tidelands fee. Page 5 Appendix A 1973 Pier Permit This picture illustrates that the docks were, at one time, "slanted" at the same angle as the street end property lines. Although faint, the street end property lines can be seen extending bayward. Page 6 Appendix B 1986 Pier Permit This drawing further proves the slanted orientation of the westerly dock and the plans to move it easterly by 2' to 6'. M zE 35 36 a, Tk• as EX/STC .00 UG 2A4M F' ,CE CpD 1'-6 ro . } N..0 hl—F-v.2 r ,cfe-a�O,Az�r yAco�r 7Zo wE.r> F J!-' .wE � Tid/�U7x..�,t.✓ �e�r. (714) (.73-11) SA'a Gas: /Z/// /BG SN�ET Z 60, 2 The two drawings in Appendix A & B help support Harbor Resources interpretation of the property lines at 8t Street. It is concluded that NHYC's docks were either built in that orientation at one time or should have been built to that orientation. Page 7 Appendix C 8t" Street — No Encroachment (Boat is within the pie shaped "wedge" that is NHYC's property.) 8t" Street — Encroachment on West Dock tiovc nN.. 2.,r5 Y, NEWPORT BEACH HARBOR COMMISSION MINUTES City Council Chambers March 10, 2004 CALL TO ORDER 6:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Chairman Tim Collins, Commissioners, Seymour Beek, John Corrough, Don Lawrenz, Marshall Duffield, Paulette Pappas, Ralph Rodheim were present. Staff: Tom Rossmiller, Chris Miller, Lorrie Arcese MINUTES: The minutes were approved. PUBLIC COMMENTS: David Moore — 88 Linda Isle. He would like to encourage the Harbor Commission to stay involved in the LCP. He quoted a sentence in the Land Use Plan, 4.1.4, "It is also considered a critical foraging habitat for the federal and state -listed California least tern (Sterna albifrons browns), a seabird that feeds upon juvenile baitfish that congregate in eelgrass meadows." Mr. Moore said that this has no basis in fact, no basis in science. This bird is not endangered and eelgrass is not on the endangered list, nor the protected habitat list. This is a political process crammed down the public's throats. He wants the Commissioner's to attend the next GPAC meeting and take a stand on three things; eliminate that sentence quoted above, eliminate 4.1 through 4.5 entirely and eliminate the entire marine aspect as the Harbor Commission should be dealing with that. REQUEST FOR CONTINUANCES: None. APPEAL ITEMS: None PLANNING DEPARTMENT UPDATE — Receive and File Jim Campbell gave an update on the South Coast Shipyard Project. Basically the plan is the same, the owners have changed and the density of the units has changed. He made the new owner aware of all the objections by the Harbor Commissioners. They have not approached the Rhine Channel subject yet. Harbor Resources will be kept informed on the project. REPORTS: Items #1 Subject: 8th Street Appeal — Newport Harbor Yacht Club (NHYC) Summary: NHYC requested at a prior meeting to permanently berth a low profile vessel on the westerly dock at the 8th Street public alleyway. The Commission requested further follow-up and proposals which the club presented. Chairman Collins, Commissioner Pappas and Beek declared a conflict of interest and excused themselves. Discussion: The Commission debated the stipulations of the appeal approval. There were no public comments. Action: Commissioner Duffield made a motion to approve the alternative b). Grant request to berth low profile vessels on the west dock. NHYC will pledge to berth low profile vessels on the east dock as a consideration to the view corridor. NHYC will pay the appropriate Tidelands fees. The vote was 3 ayes and 1 opposed. The motion was denied. The following motion was unanimously carried by the four Commissioners: 2 3 Item #2 The Newport Harbor Yacht Club may encroach into the 8th Street street -end via a Permit to do so. The Permit is conditioned upon the following: • The NHYC shall be allowed to use the eastward dock at their pleasure, using a low profile vessel (as defined below). • The NHYC shall remove the structural encroachment (piece of a pier) on the west side. • The NHYC may only dock vessels during public or semi-public events on the west side of the encroachment that are low -profile (defined as not to exceed 8' in height above the water surface at the northerly end of the west dock) and transient vessels (defined as not exceeding 6 months for any one stay). • The NHYC shall remit all revenue from the encroachment to the City to be held in an account that can only be used for tidelands - enhancing uses; The Permit shall be an annual permit that can automatically renew each year, unless the City calls it up for review. The City shall monitor compliance with the Permit. Subject: Mariner's Mile Waterfront Walkway Feasibility Study Summary: Review of subcommittee's comments and suggestions on the study. Approve transmittal to Public Works. Discussion: Martin Weinberg, 100 Via Lido Nord, feels that this walkway would create a noise problem. Action: Tom was asked to follow through for the subcommittee and create a memo to Lloyd Dalton with their comments. (See attached) Newport Harbor Yacht Club March 22, 2004 Mr. Chris Miller Mr. Tom Rossmiller Harbor Resources City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 RE: 720 - 800 West Bay Avenue Balboa, CA 92661 Gentlemen: In light of the complexity of issues surrounding our application for a permit to use the city tidelands area in front of the 8t" Street alley, we hereby withdraw our application. Thank you for your efforts to get the issue heard and circulated throughout the community. It was a pleasure working with you. Sincerely, NEWPORT HARBOR YACHT CLUB Finance and Audit Committee Moorings and Docks Subcommittee cc: Thomas Gilbertson, General Manager Steve Foster, Port Captain John P. Cotton, Commodore 720 West Bay Avenue, Balboa, California 92661-1123 (949) 673-7730 Newport'' Yachtb 8tn Street Alley Street -end Good evening members of the Newport Beach Harbor Commission. My name is Dwight Belden. I reside at 148 Via Waziers, Newport Beach. This presentation for the Harbor Commission is intended to describe the Newport Harbor Yacht Club's request to incorporate an unused City Tidelands area into a Harbor Use Permit. As you are familiar, the Newport harbor Yacht Club was established on Newport Harbor in 1917. The club has held many international and national championships as well as private and public events for nearly a century at this location. As the community has grown, so has the club, and its function for hosting events that consistently draw people from ail over the world. This proposal will help NHYC continue to host prestigious events that draw many visitors to Newport Beach. 1 Tidal Range — Photography Kewpvt. Bzq Eotr�rr_a, Corona d.-1 filar. ialiFvrnia CE-G8 Sin ' 06-08 Sun 06 C8 Mai 0u-09 "I Go 3 Pm 6 iC Tue' 06- 17;44 17;43 25:$7' .^ 05124 rc 11:31 _1£:17 8 ft ' ft 77-77 d Ft RN ME ry � �J g AMyy'yyyi }1aMy' This chart shows a typical tidal range in Newport Harbor. The total tidal range shown in this slide is approximately 5 feet over a 24 hour period and ranges from low water of 1/2 foot to a high of just over 5 feet. The median tidal height in Newport Harbor is 2.75 feet and is shown by the horizontal red line. The Median Tide Height means that over a year, the tidal range is either higher or lower than this height line 50% of the time. All images shown in this presentation were captured at this median tide height in order to keep all images uniform throughout the presentation. 2 This aerial view of the site shoves the city property located at 8t" Street and West Say Avenue. Newport Harbor Yacht Club owns property on both side of the city property and is located at 720 West Say Avenue, shown to the right of the yellow property line indicated in this aerial. NHYC also owns property at 800 West Bay Avenue and is to the left of the other yellow line. The Tidelands are to the north of the alley. This aerial photograph is in the city database. This image was taken during the course of reconstructing a portion of the seawall in front of NHYC some years ago. 3 Property Line Views m>.,. M—M I � - x x F 7 X` S d �., ✓l�� . West Property Line East Property Line These images were captured along the view corridor at the yellow property lines shown in the prior slide. The two slides on the left show the view along the west property line from the back of the alley and into the water. The two slides on the right show the view along the easterly property line from the alley, with the lower right image showing a view, southerly, into the alley, from the extended easterly tidelands property line. M High profile vessel docked at HYC work dock; -- no encroachment -- r This image shows a view from the middle of the alley about half way back to West Bay Avenue. You can see the NHYC race committee boat on the right side of the picture. If you were walking down the alley, this view may make you think that the boat is encroaching into the City Tidelands, but it is not, as was seen in the preceding slide with the view along the easterly property line, where the boat is not visible as it is docked east of the property line. 5 Another view of the same boat from the sea wall. The city's property line extends into the water to the left of the boats and doesn't touch them. This view shows the visual impact of a boat with a high profile and how the view of the harbor is partially obscured. Again, this image was captured at the median tide height of 2.75 feet. This berthing is legal and there is no encroachment into the City Tidelands from the boats in this image. 0 • WO • The T-Proposal will allow for low profile vessels to be berthed simultaneously at both docks while offering views of the harbor from the alley. • With a 9 foot tidal range and a mean tide height of 2.7 feet, most of the time the deck, structure or top of a low profile vessel is at or below the top of the seawall with the exception of masts, spars, booms, outriggers or similar features. (two bullet points) 7 This image shows the difference in view that a low profile vessel affords on either dock. A high profile cabin and flying -bridge structure obstructs a portion of the view. A low profile vessel has a very low impact on a view of the harbor. .01 T - Proposal ® Approval of this proposal will burden NHYC by not allowing a high profile vessel to berth on the west side of the NHYC work dock allowed under harbor policies. ® The trade-off is to allow low profile berthing encroachments into unused tidelands areas. ® NHYC would consider a lease for the use of the city tidelands area. (three bullet points) [s7 Low Profile Vessels under T - Proposal tidelands encroachment High profile vessel allowed under current Harbor Policy no tidelands encroachment These images show the difference between high profile and low profile vessel structures. The slide on the right shows a legal berthing arrangement under current harbor policies. The slide on the left is indicative of what we are proposing and shows minimal view impacts while increasing berthing in the harbor and allowing NHYC to utilize areas that are not used today by anyone nor generating revenues to the Tidelands accounts. The T-Proposal will allow a sailboat to be at either or both docks as well as low profile power boats. Our proposal will allow masts, spars, booms, outriggers and other slim structures to extend upwards, but not enclosed flying bridges or other large cabin tops that would otherwise obscure the views. 10 "T Concept Existing Corridor Width Area of Proposed Encroachment \- NHYC West Dock �r Variable Wmerwav Expanded View Corridor Burdened Area NHYC Work Dock This slide attempts to reduce the T-Proposal to a schematic image. The expanded view corridor afforded by approval of Alternative B is shown by the purple vertical line while the existing boundary is described by the orange vertical line. The idea described here is to show boats on both docks with variable waterway separation at the waterline, but minimal visual impairment above the deck and house structures of a low profile vessel. There will also be many times that there will not be a boat on one of the docks, or both docks, as well. It is important to note that the NHYC Work Dock is not for permanent berthing, but, as the name implies, for work, on visiting yachts, member's boats or club owned vessels or launching and recovering of boats from or into the yard or for limited overnight stays. 11 t This view shows again the minimal impact that the low profile boats have on harbor views. With approval of Alternative B, this would be a typical scene as you approach the seawall from West Bay Avenue walking down the alley. 12 The T - proposal provides for a height restriction, with exceptions for spars, booms and riggers, on boats berthed at both docks to enhance harbor views. City benefits from revenue generated on inaccessible tideland waterways and increased berthing availability for harbor boaters and visiting yachts. We expect that this would be a typical day at this location if the Alternative B is accepted. Again, the uses for the NHYC Work Dock are transitory and no one boat is berthed there on a regular basis. Further, we will burden ourselves by restricting the berthing of vessels in this area to low profile such as can be seen in this image. (2 bullet points) 13 Proposal s• Another view while standing on top of the seawall. IM ® Grant NHYC's request to berth low profile vessels on the east side of NHYC's west dock. ® Condition NHYC to allow only low profile vessels on the west side of the NHYC work dock. Pay appropriate .-;a _- harbor* Increase berthing in Newport Harbor. ,z Enhance view from the public ill We are asking that you ... (5 bullet points) UW Newport Harbor Yacht 8th Street Alley Street -end This concludes our formal presentation. We have representatives of the Newport Harbor Yacht Club present to entertain any questions that you may have or that may be posed by members of the Newport Beach community. 16 Message Page 1 of 3 Rossmiller, Tom From: Burnham, Bob Sent: Thursday, March 25, 2004 6:16 PM To: Bludau, Homer Cc: Kiff, Dave; Rossmiller, Tom Subject: RE: Newport Harbor Yacht Club-8th Street Dock approval We do have a policy in H-1 dealing with encroaching piers and floats (litgated by yours truly in the famous case involving Buddy Ebsen and the Beek pier) and so-called "joint ownership" piers but nothing about vessels encroaching (although piers and floats are - i think - required to be set back from property line prolongations so that vessels side -tied to the float don't encroach... which is apparently the situation we have here). I think the City Council has the right to review this case under a zillion different theories not the least of which is our right to make people move piers, floats etc etc. pursuant to Section 17.24.090 of the Code..... (See especially subsections 3 & 6) -----Original Message ----- From: Bludau, Homer Sent: Thursday, March 25, 2004 2:15 PM To: Burnham, Bob Subject: FW: Newport Harbor Yacht Club-8th Street Dock approval Bob, I am missing our coffee walks and looks.. ... I think Tom is right on regarding Tod's call up of an encroachment decision made by the Harbor Commission, but want to make sure you sign on to it before we begin the appeal process. Homer -----Original Message ----- From: Rossmiller, Tom Sent: Thursday, March 25, 2004 8:45 AM To: Bludau, Homer; Harkless, LaVonne; Lektorich, Debbie Cc: Kiff, Dave; Miller, Chris Subject: RE: Newport Harbor Yacht Club-8th Street Dock approval Homer: The appeal process delineated in various sections of Chapter 17 of the Municipal Code does not specifically address the issue of encroachments. Section 17.42 specifically applies to mooring regulations, liveaboard regulations, houseboats, and commercial activity permits. The following excerpt from Section 17.24 related to the construction of structures in the harbor most closely applies because a small sliver of the Newport Harbor Yacht Club dock encroaches across the prolongation of the street end property line. Section 17.24.060 Review by City Council. The City Council may review a decision of the Harbor Commission by a Call for Review. Call for Review may be initiated by any member. Fees: Calls for review shall be accompanied by a fee as established by resolution of the City Council. The City Clerk shall cause written notice of the time, place and purpose of the hearing to be sent to the applicant or permittee by certified mail at least fifteen (15) days prior to the date of the hearing. The City Council may sustain, overrule or modify the action of the Harbor Commission and the 03/29/2004 Message Page 2 of 3 4n decision of the City Council shall be final. Decision and notice: After the hearing the reviewing body shall affirm, modify or reverse the original decision. Decisions on review shall be rendered within thirty (30) days of the close of the hearing. (Ord. 2002-18 (part), 2002) This is very common wording in the municipal code, so I assume it would be reasonable to follow this procedure in dealing with the appeal regarding an encroachment issue. Our basis for denial of the Yacht Clubs original request was based on non-conformance with the City Councils Harbor Permit Policy. Robin Clauson recently suggested to us that much of what is in the Harbor Permit Policy should really be moved to the Municipal Code to be enforceable. Neither the Municipal Code nor the Harbor Permit Policy directly address encroachment whether they be across prolongation of private property lines or prolongation of City/Private property lines. There are many of these in the Harbor, and Chris and I have just dealt with them on a response to complaint basis. We have tried to work them out with the neighbors before they erupt into a Hatfield versus McCoy type feud and have been fairly successful. We weren't able to negotiate that with the Yacht Club and we were looking for direction from the Commission on how to consistently deal with this type of issue into the future. Because of' the call for the appeal to the Council, I was hoping we could get a policy level decision on this. When Tod called me yesterday about this issue, I was hoping I could get an indication from him on his position on this issue. I didn't succeed. My thought was to recommend bringing back to the Council, at a later date, a draft of merging previous policy into code and a draft of a new policy specific to street end encroachment of vessels other than the less than 18 feet in length vessels allowed currently on the shore moorings that would be based on guidance provide by the Council. I had a meeting with three of the Harbor Commissioners last night and we would like to have the issue brought up on April 27th as long we can keep the joint Harbor Commission/City Council Study Session discussion very separated from the appeal discussion. Are we on the right track? Thanks, M -----Original Message ----- From: Bluclau, Homer Sent: Wednesday, March 24, 2004 1:57 PM To: Harkless, LaVonne; Lektorich, Debbie Cc: Rossmiller, Tom; Kiff, Dave Subject: FW: Newport Harbor Yacht Club-8th Street Dock approval 03/29/2004 Message Page 3 of 3 Tom, can you advise us of the appeal procedures and with Council meetings on April 1 3th and 27th, what date would work best for having this appeal come to Council? Thanks. Homer -----Original Message ----- From: Ridgeway, Tod Sent: Wednesday, March 24, 2004 1:50 PM To: Bludau, Homer Cc: Rossmiller, Tom; Burnham, Bob; City Council Subject: Newport Harbor Yacht Club-8th Street Dock approval Homer: Please accept this email as a request to call up the Harbor Commission approval of the above referenced matter heard on March 10, 2004. Further, please have Harbor Resources look at the appeal procedure for matters approved or denied at the Harbor Commission. This review should include call-up procedures for council members. Tod 03/29/2004 STATE OF CALIFORNIA GRAY DAVIS, Govemor CALIFORNIA STATE LANDS COMMISSION 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 July 16, 2003 Ms. Christine Dabbs 801 West Bay Avenue Newport Beach, CA 92661 Dear Ms. Dabbs: PAUL D. THAYER, Executive Officer (916) 574-1800 FAX (916) 574-1810 California Relay Service From TDD Phone 1-800-735-2922 from Voice Phone 1-800-735-2929 Contact Phone: (916) 574-0234 Contact FAX. (916) 574-1324 File Ref: G09-02 This letter is in response to your letter to Mr. Greg Scott of our office dated May 18, 2003 via electronic mail requesting a determination by the California State Lands Commission (CSLC) whether it asserts a sovereign title interest in the property that the subject project will occupy and whether it asserts that the project will intrude into an area that is subject to the public easement in navigable waters. The CSLC has jurisdiction and management authority over all ungranted tidelands, submerged lands, and the beds of navigable rivers, sloughs, lakes, etc. The CSLC has certain residual and review authority for tide and submerged lands legislatively granted in trust to local jurisdictions (Public Resources Code §6301 and §6306). All tide and submerged lands, granted or ungranted, as well as navigable rivers, sloughs, etc., are impressed with the Common Law Public Trust. The facts pertaining to your project, as we understand them, are these: The Newport Beach Harbor Commission, at a future meeting, will be hearing a request from the Newport Harbor Yacht Club to add a 20-foot wide tidelands area located between both of its existing Harbor permits and in from of the 8th Street public alley way, to their existing Harbor permit, to dock boats. Should this addition to the Newport Harbor Yacht Club permit be granted, the public view corridor and access will be affected. Pursuant to the facts, the water space at the end of 8t" Street on the Balboa Peninsula is within lands legislatively granted to the city of Newport Beach pursuant to Chapter 74, Statutes of 1978, as amended. As the Legislature's delegated trustee of these tidelands, the City has the primary responsibility and authority to manage these lands on a day-to-day basis. Furthermore, pursuant Chapter 74, Statutes of 1978, the City may lease its lands for uses which are consistent with the Public Trust Doctrine, and its granting statutes, for up to 50 years. While public trust lands cannot generally July 15, 2003 Page 2 be alienated from public ownership, use of public trust lands, where appropriate, may be carried out by public or private entities under permit or lease from a local agency grantee, such as the city of Newport Beach. Therefore, a lawful permit or lease of tide and submerged lands for the use of docking boats can be an appropriate management practice consistent with the Public Trust Doctrine. In addition, it is within the city of Newport Beach's discretion, as a trustee of legislatively granted tide and submerged lands, to issue a permit or lease to the Newport Harbor Yacht Club. Furthermore, inasmuch as the project involves public trust lands, any development in this area would require a permit from the California Coastal Commission. In addition, certain case law in California, i.e. Lane v. City of Redondo Beach, 49 Cal. App. 3d 251 (1975), has placed restrictions on the ability of cities to close access ways to tide and submerged lands. For your reference, I have included copies of the City's granting statutes governing their legislatively granted lands for your review. Please do not hesitate to contact me if you have any questions or concerns. Sincerely, Jennifer Lucchesi Public Land Management Specialist CC' Chris Miller, City of Newport Beach w/out enclosures Robert Lynch w/out enclosures Greg Scott w/out enclosures Curtis Fossum, w/out enclosures Mary Howe, w/out enclosures Enclosures X Z (D y (D Z f ID ID m n tzl C17 w r+• "� .x.. tx7 pIMD (p tl C f D m or'5. ID O o o to w m p, n ErO � W d p d (D V N Li N d O O 0 Audi rt X (D w fp O rt X (D (D O lD X ID d (D p: X 0 O !D �. (aD mFiy 77 p rr ID6 np 'r1 rt a' rt O ty O d "L3 fD y7 O a (D r y7 a gip' O %' h m 7 (D ((DD A (~D O rr ry O �+ > IQ, n A� � rt CA n (D n y (D n rt X d g lD '�'� n . i .1 rD 00 (D rr (x � Cd p� can p A� n n O rt (D �J x ((DD O a nt O (D �7' O' .r O(DD O (DD r0 fD C7 ty O rt rt rt rt ��+• 'fir z ( z C7 Z (( z J °� (D (D (D (D CD (D (D n (D m m p (D (D (D (D n zn' n n z n'n'z n n n Z Zzz (D (D M (DWP (D (D aqq UIq Qrq m GHQ aq 0 q Uq Uq 2) z z z z Z z z (D (D (D (D rD (D (D x (D x (D wOw ww ww www N (omN olq crQ z(D m Z z (D(D(D z z z z (D (D ((D n n nn r)nn q q Izq nn q 41Z R r� O r lA N J N O O W O Map Output Page 1 of 1 http://www6. city.newport-beach.ca.uslservletleom. esri.esrimap.Esrimap?ServiceName=in... 05/01 /2002 June 3, 2003 Chairman and Members of the Newport Beach Harbor Commission c/o Harbor Resources 3300 Newport Blvd. Newport Beach, CA 92663 Re: Request to Revise Harbor Permit (Newport Harbor Yacht Club) Dear Chairman Collins: On behalf of the Newport Harbor Yacht Club ("NHYC"), I am requesting a continuance until your next regularly scheduled meeting, which I believe is July 9, for consideration by the Harbor Commission of a modification to the NHYC's harbor permit. This matter is currently on the Harbor Commission's June 11, 2003 meeting agenda. The NHYC proposes to include 20 feet of tidelands area located between the NHYC properties at the end of the 8a' Street alleyway in their harbor permit. Representatives of the NHYC will be meeting with the Harbor Resources staff to discuss alternatives to the use of the waterway area in question in a manner which may eliminate the need to have this matter considered by the Harbor Commission. The continuance will allow the necessary time to schedule the staff meeting. Thank you for your anticipated granting of this request. Sincerely, TORT OR YACHT CLUB ohn "Jay" Swigart, Jr. Commodore cc: David Kiff Tom Rossmiller Chris Miller DOCSOC\972859�Ap1 66WAVENUE, BALBOA, CALIFORNIA 92661 e TELEPHONE (949) 673-7730 e FAx (949) 673-3972 December 11, 2002 Via Facsimile and Mail Mr. Tony Melum Director Harbor Resources City of Newport Beach 829 Harbor island Drive Newport Beach, CA 92660 RE: 720 West Bay Avenue Balboa, CA 92661 Dear Mr. Melum: We hereby formally request that the 20 foot wide tidelands area located between the Newport Harbor Yacht Club's Harbor Permits on both sides of 8t' Street, which area is further delineated by the U.S. Pierhead and U.S. Bulkhead lines, be added to our Harbor Permit. Attached is a diagram, which shades the tidelands area that bifurcates our existing Harbor Permit. This area will be used for the berthing of vessels and other permitted marine uses consistent with the uses of the areas on either side under our existing permit. Furthermore, please also consider this letter as our request (i) to immediately commence using the area described on the attachment on a temporary basis for berthing purposes, pending processing of the above permit request, and (ii) to negotiate an amendment to our existing Harbor Permit to permit the use of such additional property by the Newport Harbor Yacht Club on a continuous basis for the purposes set forth above, including a reasonable tidelands user -fee for the benefit of the City of Newport Beach. If you have any questions, please call me at the following number: (949) 725-4168. Sincerely, NE�PORT HARBOR YACHT CLUB � a John J. "Jay" SwigarJr. Commodore cc: Dennis M. Conneally, General Manager Scott S. Barnard, Port Captain 720 WEST BAY AVENUE, BALBOA, CALIFORNIA 92661 ® TELEPHONE (949) 673-7730 ® FAx (949) 673-3972 CiTY OF NEWPORRT REACI,R r, HARBOR PE F IT PERNNSSION Is 70 f,`3P3'rIRUCT AMV MAINTAIN THE FACUUTY Jk-i IN. -RE f4v711.2 11' THE IMRSOR PERANT MUM? M PA&VDAT RMCH AM.�'� ES NOT TRANSFERACIA MAIC j njo TmE ciry mARoca cvcyv=v&jw ots Nvy 4jouv4Q, yj� FIAV Raz 44CCOnUAMC9 MTH jQjQ OF M Z QUA01WAL CQDQ. ­.1"I"I"I"I"I"I"I"I . . . . . . . . . . PONT,` fif"CIDII owl, ns 114- H 1 Page 11 of 19 used for the loading of such passengers. SANITARY REQUIREMENTS A. A permit for a pier, dock or float shall not be issued ,until the rough plumbing for the dwelling unit or the required restrooms serving such pier, dock or float, has been installed and approved by the City Building Inspector. The use of a pier, dock or float will not be allowed until restroom facilities are completed and in operation. B. All public or private commercially operated shore -connected boat anchorages shall have a minimum of two restroom facilities, one for women and one for men, for each 20 boat slips or boat berths available in the anchorage area. The minimum walking distance from the farthest boat berth to the restroom facility shall not exceed 400 feet. C. Sewage Pumping Facilities. Permission may be granted to install and operate sewage pumping facilities for boats moored to shore -connected structures providing such installations are first approved by the Harbor Resources Division. In requesting approval, the following information must be submitted in letterform to the Harbor Resources Division: 1. The name and address of the person responsible for the installation; 2. The name and address of the manufacturer of all pumping equipment; 3. A complete description of the materials and the pumping equipment to be used; 4. An 8" x 11", or larger, sketch clearly showing the location of the sewage discharge lines, the connection to the sewer system, and the area to be served. SETBACKS A. All piers and floats for residential properties shall be set back a minimum of five feet from the projection of the property line. B. All piers and floats for commercial properties may extend to the projection of the property line. C. The projection of the property line bayward of the same bearing from the bulkhead shall generally be used in determining the allowable setbacks for piers and floats. Because there are certain physical conditions which preclude the strict application of this policy without prejudice to adjoining properties, special consideration will be given to areas where precise projections of the property line have not been determined and the following conditions exist:. http://wi-,-w.city.newpo-.t-beach.ca.us/Councilpolicies/H- l .htm 04/02/2003 H 1 Page 12 of 19 1. Where property lines are not approximately perpendicular to the bulkhead line. 2. Where curves or angles exist in the bulkhead line. 3. Where bridges, topography, street ends or publicly owned facilities adjoin the property. MOORINGS A. Boats moored at private or public docks shall not extend beyond the projection of the property lines of the property to which the dock facility is connected in accordance with Section 20-C. B. -Any boat moored at a pier, dock, or float shall not extend bayward a distance of more than the width of its beam beyond the pier, dock or float. C. Mooring Fees for both onshore and offshore moorings shall be set annually by Resolution of the City Council. I:� :0. Jam' ZD No new, non-commercial piers on Balboa Island shall be recommended unless it is in the public interest or unless it is at such a location that it is not usable for swimming or bathing. Piers presently in use may be repaired but recommendations for any additions or remodeling shall be restricted to such changes that do not lessen the use of either the immediate water or land areas. Whenever any application to install a new, non-commercial pier is to be taken under consideration, all occupants within 300 feet of the proposed work shall be notified in writing by the Harbor Resources Division. *BAYWARD LOCATION OF PIERS AND FLOATS A. U.S. Bulkhead Sta. No. 107 to No. 109. Viers will be permitted to extend out to the U.S. Pierhead Line. B. U.S. Bulkhead Sta. No. ' 109 to No. 110. Piers may be permitted to extend 16 feet channelward of the U.S. Pierhead Line. C. U.S. Bulkhead Sta. No. 110 to 112. Piers will be permitted to extend out to the U.S. Pierhead Line. D. U.S. Bulkhead Sta. No. 112 to No. 113. Piers will be permitted to extend out to the U.S. Pierhead Line. Commercial piers between "A" Street and Adams Street will be subject to special permits approved by Harbor Commission. E. U.S. Bulkhead Sta. No.113 to 114. Piers shall be subject to a special permit approved by the Harbor Resources Division. http://www.city.newport-beach.ca.us/Councilpolicies/H-l.htin 04/02/2003 Dec-11-02 11:32am From—SYCO 5 + T-835 P.001/003 F-884 STRADLING YOCCA CARLSON & RAUTH A PROFESSIONAL CORPORATION ATTORNEYS AT I-Aw FACSIMILE COVER SHEET 660 Newport Center Drive, Suite 1600 Telephone: (949) 725-4000 Newport Beach, CA 92660-6422 Fax: (949) 725-4100 Date: December 11, 2002 TOTAL NUMBER OF PAGES INCLUDING THIS PAGE: 3 . PLEASE DELIVER AS SOON AS POSSIBLE TO: COMPANY FAX No. PHONE No. E1.RECIPIENT Tony Melum, Director City of Newport Beech (949) 723-0689 (949) 644-3034 Harbor Resources 2. Copies to: Dennis M. Conneally, Newport Harbor Yacht (949) 673-7730 (949) 673-3972 General Manager Club Scott S. Barnard, (949) 223-8822 (949) 223-8820 Port Captain From: Jol N J. SwIGART, JR- AT DIRECT DIAL NUMBER (949) 725-4168 Re: 720 West Bay Avenue, Balboa, CA 92661 Message: Please see the attached. Client/Matter No.: 19999-0000 If any of these pages is not legible or you do not receive all of the pages, please call (949) 725-4014_ CONFIDENTIALrrY NOTICE This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the Intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication Is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original message to us at the above address via the U.S. Postal Service. -thank you. DOC S OC\9393 39v 1119999.0000 Dec-11-02 11:32am From-SYCH 5 T-835 P.002/003 F-884 bug UW@V 'H @ & H December 11, 2002 Via Facsimile and Mail Mr. Tony Melum Director Harbor Resources City of Newport Beach 829 Harbor island Drive Newport Beach, CA 92660 RE: 720 West Bay Avenue Balboa, CA 92661 Dear Mr. Melum: We hereby formally request that the 20 foot wide tidelands area located between the Newport Harbor Yacht Club' Harbor Permits d t.S. Bboth sides of ulkhead lines,80' Street, which area is be added to our Harbor further delineated by the U.S Fierhead' a Permit. Attached is a diagram, which shades the tidelands area that bifurcates our existing Harbor Permit. This area will be used for the berthing of vessels and other permitted marine uses consistent with the uses of the areas on either side under our existing permit. Furthermore, please also consider this letter as our request (i) to immediately commence using the area described on the attachment on a temporary basis for berflitag purposes, pending processing of the above permit request, and (ii) to negotiate an amendment to our. existing Harbor Permit to permit the use of such additional property by the Newport Harbor Yacht Club on a continuous basis for the purposes set forth above, including a reasonable tidelands user -fee for the benefit of the City of Newport Beach. if you have any questions, please call me at the following number: (949) 725-4168. Sincerely, NEsFATORT HARBOR YACHT CLUB / A� C)~ John J. "'Jay" Swigari Jr. Commodore cc: Dennis M. Connally, General Manager Scott S. Barnard, Port Captain 720 wEST BAY AVENUE, BAL60A, 0-FCRNiA 92661 • TALEPMONE (949) 67$-7730 • FAx (949) $73-3972 Dec-11-02 11:32am From-SYC&R 5 T-835 P.003/003 F-884 IL 0 RID C� c� 0 I I w Ro It 0 s .�i m I 0 N N O O w 12/18/2002 12:53 9498339588 WATTSON BREEVAST DB PAGE 02/03 December 18, 2002 Mr. Tony Melum Director Harbor Resources City of Newport Beach 829 Harbor Island Drive Newport Beach, CA. 92660 RE: 720 West Bay Avenue Balboa, CA 92661 Dear Mr. Melum: As we discussed, please grant us the temporary right to bexth vessels in the city tidelands area denoted on the attached exhibit for the nights of the Newport Harbor Christmas Boat Parade commencing December 18, 2002 and terminating on December 24, 2002. Please let. us know if this temporary berthing arrangen-ient is acceptable for these nights only. sincerely, NEWPORTAHARBOR YACHT CLUB Dwighf R.15elden pinwice and .Audit Committee Moorings and Docks Subcommittee cc: Dennis M. Conneally, General Manager Scott S. Bunard, fort Captain - /' 0HARRO R SOIJRC S DIV. CITY OF NEYV3 ORT REACH 120 West Bay Avenue, Balboa, Caliiomia 92661-1123 (949) 673-7730 12/18/2002 12:53 9498339588 WATTSON BREEVAST DB PAGE 01/03 Newport Harbor Yacht Club 720 West Bay Aveaue Balboa, Cal 92661 (949) 673 - 7730 — Phone (949) 833 - 9588 — Fax FAX ME, SSAGE 12/18/02 11:32 AM Total number of pages includin cover sheet, 3 To: Tony Nlelura Director Division of Harbor Resources company: City of Newport Beach Fax No. 72370589 From: Dwight R. Belden — (nhyc�&msn.com) (949) 500 — 111 0 Finance and Audit Committee Moorings and Docks Subcommittee Reference: NHYC — Cluisttnas Boat Parade Comments: Would you please review the attached letter dated December 18, 2002 and, if approved, fax a copy to me at (949) 833-9588. if there are any questions or concerns, please contact me at your earliest convenience. Dwight Belden This message is intended only for the use of the individual to which it is addressed and contains privileged and confidential information. If the reader of this information is not the intended recipient, you are hereby notified that awry dissemination, distribution or copying of this message or its contents is expressly forbidden and subject to copyright law. If you, have received this message in error, please inform us immediately and return the original to us via the US Postal Service. 12/18/2002 12:53 9498339588 WATTSON BREEVAST DB PAGE 03/03 w w s. tea• 6 6 f 6_ „_.. • �i � � �� ReportStaff November 13, 00 TO: Harbor Commission FROM: Tony Melum, Director of Harbor Resources SUBJECT: Public Dock at 8t” and Bay RECOMMENDATION: Do not approve reinstallation of a public dock at 8tn and Bay. BACKGROUND: Sometime prior to 1971, the City of Newport Beach constructed a public ramp and float, bayward of a 20 feet wide public alley at 8th Street on the Balboa Peninsula. Harbor Resources has no dimensions on this original dock, but based on old photographs it appears to have been within the 20 feet wide alley approximately 10 feet wide, 10 feet long, and 10 feet bayward of the bulkhead (see attached old photograph). The float was in this location until approximately 1983 when the City was approached by area residents requesting its removal. Their reasons for removal were that the float, because of its location, was hard to find and therefore not regularly used. However, because of its remoteness, when it was used there were problems with noise and conduct complaints as well as trash and vandalism problems. Based upon these concerns the ramp and float were removed. The alleyway is public, bordered on either side by the Newport Harbor Yacht Club's dry storage and their yacht club floats border both sides of the waterway and limited vessel berthing is available to the club at these floats on the alleyway side. The waterway is approximately 20 feet wide and extends from the U.S. Bulkhead line out to the U.S. Pierhead Line. At the bulkhead now there is a City bench, trashcan and is a public viewing area. (See attached aerial photograph). The issues with reinstalling the float are: 1) Limited usable water area available, 20 feet, surrounded by adjacent floating structures, and other berthed vessels. 2) Limited public access (down a public alley). No parking in alley, heavily used by yacht club since it splits large dry storage area. 3) Limited public street parking. 4) Required ADA access would be extremely difficult given the limited land and water area. Required ramp would most likely fill entire area available for float. Page 2 For these reasons, Harbor Resources is recommending that a public dock not be reinstalled in this location. Map Output Page 1 of 1 http://www6.city.newport-beach.ca.us/servlet/com.esri. esrimap.Esrimap?ServiceName=nt... 11 /04/2002 NEWPORT HARBOR YACHT CLUB May 23, 2002 Mr. Tony Melum Director Division of Harbor Resources City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 RE: 720 and 800 West Bay Avenue, Balboa, CA Dear Mr. Melum: Please grant us a special -use permit to use the Bch Street street -end tidelands area in the city's twenty -foot waterway through September 15, 2002 as we are hosting numerous International Olympic Class Regattas, US Senior and Junior National Championships and other regional racing events during the summer. In addition to the Junior Sailing Program with over 165 sailboats and support equipment that are training and racing daily from June 24, Monday through Thursday, we are hosting numerous prestigious sailing events which attract many sailors and their families to the Balboa Peninsula and Newport Beach from all over North America and Europe. Some of the events include: May 30 — June 2; International Olympic Class — Laser - United States National Championships. June 8; Newport Harbor Spring Series #2 — Keelboats and Dinghys. June 22 — 23; EtchelIs 22 Fleet Championships # 1 — (31 foot three man keelboats). June 22 — 23; International Olympic Class — Star - Fleet Championships. (22 foot two -man keelboats). July 5 — 7; Summer Gold Cup — numerous classes of keelboats and dinghys with sailors from all over California and more than 150 boats. July 5-10; The Ida Lewis Jr. -Women United States Sailing Championships. A double handed sailing event in which we expect more than 80 sailors and 40 boats for approximately a two week period including the racing dates. These junior sailors are from many states around the country traveling with their families. 720 West Bay Avenue, Balboa, CA 92661 (949) 673 - 7730 Mr. Tony Melum Harbor Resources Division City of Newport Beach May 23, 2002 Page 2 July 20 — 21; International Olympic Class — Star - Baxter Bowl Championship. We expect over 40 boats in advance of the Olympic Star Class World Championships being held in August at California Yacht Club. July 20 — 21; Etchells 22 Fleet Championships #2 — (31 foot three man keelboats). July 27 — 28; 2002 CFJ National Championship (60 — 80 boats). The CFJ is the collegiate (NCAA) double -handed racing dinghy. This National Championship is the equivalent of the NCAA Championships for collegiate double -handed sailors from around the country with sailors from colleges in the Ivy League, Midwest, Southeastern US, Texas and the Pacific Coast. Many of these sailors are members of the US National Team (US Sailing) and the United States Olympic Sailing Team. August TBD; Sears Cup Regional Trials - 15 boats. August TBD; Newport -Bay Fleet Championships (300 plus boats in six to eight flights). August 23 — 25; Race Week — Long Point Races — Keelboats from 22 to 90 feet (LOA). September 14 — 15; International Olympic Class — Star - Green Star District Championships. This Olympic Star Class District Championship includes large areas of Southern California. June — September; Monday, Tuesday and Thursday night twilight series for Harbor 20, Lehman 12, Naples Sabots, CFJ, Lasers and other classes. As you can see, we have a very full calendar of national and regional events that have visiting sailors from many parts of the country including our own Newport Beach sailing community from other yacht clubs in the harbor. In addition, NHYC is host to visiting yachtsmen and other powerboat and fishing events through the summer that tax the physical resources of NHYC. We would truly appreciate consideration of this request to use the 8'h street tidelands area on an ongoing basis during this summer period. Please give me a call if you have any questions about this use request. Sincerely Dwight R. Belden Finance & Audit Committee Moorings and Docks Subcommittee 05/23/2002 09:21 9490339588 WATTSON BREEVAST DB PAGE 01/02 Newport Harbor Yacht Club 720 West Bay Avenue Balboa, CA 92661 (949) 673 - 7730 — 'hone (949) 833 9588 — Fax FAX MESSAGE 5/23/02 9:07 AM Total number of PLges including cover sheet: 2 To: Tony Melum Director Division of Harbor Resources . Company: City of Newport Beach Fax No. 723-0589 From: Dwight R. Belden — x.228 nl1 c ,email..tnsn.com) (949) 500 — 1110 Finance and Audit Committee Moorings and Doers Subcommittee Reference: NHYC — 20 foot clear view area Comments: Would you please review and, approve the attached diagram labeled "Figure" showing where the 20 foot wide property line alignments will be located until such indeterminate time as a mutually acceptable realigruvent is proposed by either of us. If there are any questions or concerns, please contact me at the phone number listed above. Dwight Belden This message is intended only for the use of the individual to which it is addressed and contains privileged and confidential information. If the reader of this information is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message or its contents is expressly forbidden and subject to copyright law. If you have received this message in error, please inform us immediately and return the original to us via the US Postal Service. � SEW FQ�T CITY OF NEWPORT BEACH v 1 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 �P qC� FO RN Newport Harbor Yacht Club Attn: Dwight Belden 720 West Bay Ave. Balboa, CA 92661 Re: 720 and 800 West Bay Ave., Balboa Dear Mr. Belden: The Harbor Resources Division of the City of Newport Beach is willing to grant you an exception to the Harbor Permit Policies and allow you to encroach within the streetend at 8th Street during those dates mentioned in your letter of May 23, 2002. This streetend is an access point for the public,, particularly for a viewing standpoint of the bay, and we would request in this exception that you use your best efforts whenever the need is not upon the club to keep that streetend open. In that regard, we request that no single vessel be permanently berthed in that location during those dates. I hope this answers your questions and if I can be of additional assistance please contact me. Sincerely, Tony Melum, Director Division of Harbor Resources 3300 Newport Boulevard, Newport Beach 05123/2002 09:21 t r. US Bulkhead Line 9498339588 WATTSON BREEVAST DB PAGE 02/02 Clear View Area 1 5 feet wide approximately US Pierhead Line NHS' Sth Street Street �- End 720 West Bay Aventie NHYC ,�. 20 feet 1. .� -_,fir^ - � � r.---� , M•� S00 W. Bay Ave. �.. Y--• .�_ 111111 1 .1I1:.IIT 1:1t1111HI:11d, Ill:+l1!1 ill'I1111!!wjj!ul II'-'!p-II !II!Ip 1111:111 tllt!II;IIII 1� 11 1G1 4 $ 7 6 4 2 1' o2o Figure A May 2002 05/13/2002 13:08 9498339588 WATTSON BREEVAST DB PAGE 01/03 DWIGI T BELDEN 3600 Birch Street, Suite 250 Newport Beach, CA 92660 (949) 500 --1 I 10 -- Phone (949) 833 - 9588 — Fax FAX MESSAGE 5/13/02 12:52 PM Total number of pages including cover sheet: 3 To: Tony Melum Director Division of Harbor Resources Company: City of Newport Beach Fax No. 723-0589 From: Dwight R. Belden — x.228 (nhyc@email.msn.com) Reference: NHYC — pier setbacks Comments: Hi Tony; Would you please review the proposed setback document. If there are any questions or concerns, please contact me right away at the phone number listed above. Dwight Belden This Message is intended only for the use of the individual to which it is addressed and contains privileged, and confidential information, If the reader of this information is not the intended recipient, you axe hereby notified that any dissemination, distribution or copying of this message or its contents is expressly forbidden and subject to copyright law. If you have received this message in error, please inform us immediately and return the original to us via the US Postal Service. 05/13/2002 13:08 9498339588 WATTSON BREEVAST DB PAGE 02/03 Pier Setback Clarification. This document is intended to clarify the juxtaposition of property lines in certain California State Tidelands administered, in trust by the City of Newport Beach and bordered by upland properly owned by the Newport Harbor Yacht Club ("NHYC") and the City of Newport Beach ("City"). The City owned property, known as the W" Street alley or "Street End", is a 20 foot wide trapezoidal shaped parcel that stretches from West Bay Avenue on the South to the US Bulkhead Line on the North. The NHYC property at 720 West Bay Avenue ("720") borders the entire City Street End to the east and the Ni 1YC property at 800 West Bay Avenue ("800") borders the entire City Street End to the west. Tile 800 property is approximately 28.93 feet wide at the US Bulkhead Line but 36.01 feet wide at the Southern Property Line at West Bay Avenue creating wi irregular polygonal shape. The Newport Beach City Council Policy Manual describes in Section H, Subsection 20. that "The projection of the property line bayward of the same bearing from the bulkhead shall generally be used in determining the allowable setbacks for piers and floats_" The policy also states that "Because there are certain physical conditions which preclude the strict application of this policy without prejudice to adjoining properties, special consideration will be given to areas where precise projections of the property line have not been determined and the following conditions exist: 1. Where property lines are not approximately perpendicular to the bulkhead line. 2. Where curves or angles exist in the bulkhead line. 3. Where bridges, topography, street ends or publicly owned facilities adjoin the property " Strict application of the policy (i) with a bayward projection of the property lines or (ii) changing the bayward projection of the property line to perpendicular from the bulkhead line prejudices the private property owned by NHYC on either side of the City Street End property. To more equitably resolve any potential for encroachment by NHYC into the City's State Tidelands or City encroachment into NHYC's State Tidelands, NHYC, under its pier permits with the City, will agree to maintain a twenty (20) foot wide clear -view area ("Setback") measured f'om either (i) the 720 Work Dock, if vacant (line Y on Figure 1) or (ii) the maximum projection of the beam of any boats moored at the 720 Work Dock and extending westward twenty Feet (20') along the US Bulkhead Dine or the US Pierhead Line. NHYC will limit the mooring of vessels on the westerly side of the 720 Work Dock to (a) sailboats not greater than 20 feet in beam and/or (b) power boats, which shall not have a solid superstructure exceeding 17 feet in height above the waterline, excluding from this vertical measurement, however, any structures such as Tuna Towers, Masts, Rigging, Marlin hods, Poles, Canvas Tops and the like. FiFigure li attached as Page 2 of 2 hereto shows the range for the twenty foot -wide (20') Setback between the lines denoted "X" and "Y"_ Approved this day of May, 2002 Newport Harbor Yacht Club City of Newport Beach By: By; its: Its: Page I of 2 05/13/2002 13:00 9498339588 WATTSON BREEVAST DB PAGE 03/03 T u4r�rrj�ir:� r, i;rrr,Irr r :.r r�rtrr1rri �� ir.rit �r:ri��ir��� �r�r rr� f I,l '12 it 10 4 8 7 6 4 3 2 1 d2d � A t PW2of2 05/02/2002 14:57 9498339588 WATTSON BREEVAST DB PAGE 02/02 NEWPORT HARBOR. YACHT CL May 1, 2002 Mr. 'Tony Melum Director Division of Harbor Resources City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 RE: 720 West Bay Avenue, Balboa, CA Dear Mr. Melum: Please grant us an extension of our special -use permit for one additional week to use the 8th Street street -end area for berthing of member boats in the city's twenty -foot waterway. As we are hosting the NHYC Opening Day activities from Friday through Sunday May 3-5, 2002, we expect over a hundred boats from members, area dignitaries and visiting yachtsmen and would greatly appreciate the use of this waterway during this period. We would expect to have the boats removed by early next week. Please give me a call immediately if you have any questions or concerns about this extension. request. Dwigh. Belden, Finance & ,Audit Committee Moorings and Docks Subcommittee cc: Dennis Connally ? W HARBOR RESOURCES DiV. CITY OF NEWPORT 6LACCH rX 720 West Bay Avenue, Balboa, CA 92661 (949) 673 - 7730 n 64/11/2ap2 15:21 9498339588 WATTSON BREEVAST DB PAGE 61 DWIGHT BELDEN -� 3600 Birch Street, Suite 250 Newport Beach, CA 92660 � (949) 500 —1110 — Phone (949) 833 - 9588 — Fax FAX MESSAGE 4/11/02 3:09 PM Total number of pages including cover sheet: , To: Tony Melum Director Division of Harbor Resources Company: City of Newport Beach Fax No. 723-0589 From: R. Belden — x.228 (nhyc@email.msn.com Reference: NHYC - dredging Comments: Hi Tony; Would you please review the proposed dredging plan. and see how many profile sections you may require along an East to West axis? The talcs that follow are my estimates before we profile the depths. At low tide, 6 foot draught boats are aground in this area. I am estimating the average removal of approximately 2 feet in the area shown on the diagram, which preliminarily derives 702 cubic yards of dredge material. We are thinking about using lslotzi to do the dredging in the main dock area since they are about to return to finish up their seawall repair and dredging project on the West side of the club tidelands under our existing permit. l figure we would need a new permit for this work in the ;main dock area, but I wanted to get your thoughts before we went too far, too fast. �� It Thanks for all your help. to This message is intended only for the use of the individual to which it is addressed and contains privileged and confidential information, if the reader of this information is not the intended recipient, you are hereby notified. that any dissemination, distribution or copying of this message or its contents is expressly forbidden and subject to copyright law. If you have received this message in error, please inform us immediately and. return the original to us via the US Postal Service. 04/11/2002 15:21 9498339588 WATTSON BREEVAST DB PAGE 02 C I TY OF NEWPORT BENCH CITT OF NEHPORT BERCH PRCIPIC C8N VICINITY MAP �r U.S. Gov.'t U. S. Gov.'t Bulkhead Line Pierhead Line 80 feet I � Exist Bilin s Exist. packs s feel It N F1 4 i ?<I h FzT Wig Existing Bottom Profile V 30' .JETTY JETTY sotMING8 ARE pS;ESSIEII IN FEET AND DENOTE 3 EL.EVATIONS BASED ON MEM L%R LOW HATER. Lge.W DRAFT E*-.. rAP46ie be dfrjLlA A4. �4 iyu EXrs� in US�414A.i'C q,� y ~ " rz,4 y A VZ-ZA✓I-12 APPL I CPN7 ' S WME NC r,Qc1-jr CL PLAN V I EWr I" = 5d- J'oB RDDREsS 7 o w/ ,ewx,14KC. DSTE A F -I 04/11/2002 15:21 9498339588 WATTSON BREEVAST DB PAGE 02 C i TY OF NtWrVK I BLACW US, GQv.'t U. S. GQv.'t Bulkhead Line Pierhead Line CITY OF �/ NEWPORT SEREH UPPM , I 80 feet ' wM , ►+BfWT a ffry I f Exist Pilings Exist. pocks + 8 feet f � r RP— I i P1ER PRc1rjc 0 ORJI=T Existing Bottom Profile 1" 30' JETTY VICINITY MAP EFV XM 90MZNG8 ARE pMSSED IN FAT fiNl7 DENOTE ELEVATIONS BASED ON MEAN LWM LOW WATER, ORAFT Io..v..r�..... y�Area le Ae CeeAped ,.•a,....e. I.u1:4�;•`+tl.AiniJ iYXRx;.e�;�;v spa•a ,....tl •!1 .y..yyJ�nv:�•: �.�. ,2, � - 1�s Vyiy+ Y.Hp man .i�ippi#.. i �J:u ]Ya+�O W�.yiiW �aaaa; moo: e Yove��o�.vo�:r�.��;�.�;:�FE'3�. �r C L U ,r I��iY �}VL: �t.✓U� PLAN V I EW 1' 5C( RPQL I CANT • S WNE NC wf--O e T 4 ' feh?OC 3OB RMSS 790 R/, d',4Y ,4>r� DUE U A F T 04/11/2002 15:21 9498339588 WATTSON BREEVAST DB PAGE 03 Newport Harbor Yacht Club Main Dock Dredging Calculations Total Pro'ect Area less: (area underneath floats) Front dock Finger 1 Finger 2 Total SF Average Removal depth Total Cubic Feet Conversion to Cubic Yards 70 width 160 length 11,200 Total SF 1,320 dock area 200 dock area 200 dock area 1,720 SF 9,480 Total Net SF 2 Feet 18,960 Cubic Feet 4/11 /02 width. x..lenoth 110' x 12' 50'x4' 50' x 4' 702 Cubic Yards of removal Calculations Dredging Cales 04112002 =X T7 � �> Y 1" 1 L'�O!- I 0 y �a �4z �oxi H rbor Resources Divislon I r-1 I I I I E T� N S 1111 i r�► i— City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92663 949-644-3034 Fax 949-723-0589 Date: To: From: FAX # : of Pages: (including cover page) Comments: e 0 .p 0 N O O N P 14 .F- W 00 4------------------- ❑ o F-I a 0 El F-I D D 0 D 0 F-I F-I F� F-I oana 0 0 -o i C \II NEWP � YACH WEST BAY AVENUE b0 39bd HQ 1SVA33�]S NOSiIVM 8856CE86VG bT:LT ZOOZ16O/bO 04/09/2002 17:14 9498339588 WATTSON BREEVAST DB PAGE 01 WATTSON BREEVAS`I' 3600 Birch Street, Suite 250 Newport Beach, CA 92660 (949) 757 — 7776 - Phone (949) 757 — 7788 — Fax FAX MESSAGE 4/9/02 5:08 PM Total number of pages including cover sheet: 5 To: Tony Melum Director Division of Harbor Resources Company: City of Newport Beach Fax No. 723-0589 From: Dwight R. Belden — x.228 (nhyc@email,zx�sn.com) Reference: NHYC Comments: Hi Tony, Would you please review the geometry and see if it meets with your understanding of the harbor policy? Thanks for all your help. Dwight This message is intended only for the use of the individual to which it is addressed and contains privileged and confidential information. If the reader of this information is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message or its contents is expressly forbidden and subject to copyright law. If you have received this message in error, please inform us immediately and, return the original to us via the US Postal Service. 04/09/2002 17:14 9498339588 WATTSON BREEVAST DB PAGE 02 STREET Z> �nnn 04/09/2002 17:14 9498339588 WATTSON BREEVAST DB PAGE 03 rITY OF' mirlioORT t2EArH U,s. P,, 2HL:�qp /�J& ga' CITY OF r 7 NL V,.l 14" � NEMP M BEACH �i>'"�f G l- r It, r pNCZFx p2�.J� CT sIT� YICINITY MRP hDFKW Wf, ULaMUR "'--.%V-14 C' 29,G' 1 2g,7s, 1 20, G 37 FPPLICRNT'S W N N,.Y, , X/.s r, pQCKs - PROFILE 1' = 30' IE771 SOrMINGS RFE IN FEET RND DENOTE FLUKTZONS BRED ON FERN LOWER LON WRTER. FILIAu W/o - s -1.4'LA P2E- ST 12�. 5Z-ZV C01,1C A'IL. IAJ6. CX I s T T2.9�JS/G NT' L�OCf�� " KIPORT I C2J C71 KACI-IT" 04U/3 PLAN V I BY 1 ' ; 30' JOB RDDRESS 700 W, SA)l a h b EIGHTH N o a5� 0 47 -27 HQ 1SVA33dg NOS11dM a 88566686b6 I$ 46 O bZ:LZ Z00Z/60/b0 u .F— LJ-j w V) 00 ❑ ❑ ❑ ❑ ❑ ❑ C❑ ❑ ❑ ❑ ❑ ❑ ❑ C❑ ❑ ❑ ❑ ❑ ❑ ❑ WEST BAY AVENUE NEWP YACH b9 39dd SG 1SVA33dg NOSiiVM 88568E86b6 bT:LT Z996/601PO FEB.13.2002 2:49PM NHYC 949 673 3972 N0.531 P.2i2 l DENNIS M. CONNMWY, CCM OENUTAL MANAQER February 13, 2002 Mr. Tony Mehun, Director Harbor Resources Department City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 FAX (949) 723-0599 Dear Tony, Newport Harbor Yacht Clqb is hosting two major sailing events this month and requests the use of the public water space at the end of the 8�' street alley for tlus purpose. The ftst event is the Mid -Winter Regatta which will consist of several hundred junior racers from all over Southern_ California followed by the W,D, Schock Regatta two weeks later. The dates we request are the following: Friday, February 15 — Monday, February 18 Thursday, February 28 — Monday, March 4 If there is any additional information you need, please contact our Dockrnaster, Bob Ledbetter at (949) 723-6878. Thank you in advance for your consideration. Sincerely, Dennis Conneally� Genera]. Manager Cc: Bruce Stuart, Commodore Phil Stemler, Port Captain HARBOR RESOURCES DIV, CITY OF NEAGH 720 WEBi DAY AvENUE. BALSOA, CALIFOANIA 92861 9 TELEPHONE (949) e73.77$0 • FAX (949) 673-$972 1� NEWPORT HARBOR YACHT CLUB BALBOA, CALIFORNIA 92661 1 `� 1Y OFFICE OF THE COMMODORE Mr. Tony Melum, Director Harbor Resources Department City of Newport Beach 829 Harbor Island Drive Newport Beach, California 92660 Re: 8th Street Alley Doe Dear Director Melum: February 5, 2002 This letter is to follow-up on my letter of January 17, 2002. The Newport Harbor Yacht Club is very anxious to attempt to resolve the issue concerning the 8th Street alley as it impacts how the Club will conduct its sailing regattas this season, the first of which is the mid -winter regatta held February 16 and 17. The mid -winter regatta is a coordinated regatta throughout Southern California with various clubs hosting certain classes. Newport Harbor Yacht Club hosts the junior sailors in the sabot classes from Southern California. This is followed shortly thereafter by a Schock Boats regatta and our Spring Gold Cup in March and then we go into the prime of our season. It is important, therefore, for us to understand how and to what extent we might be able to use the 8th Street Alley Dock area as requested in our letter of January 17, 2002, in order to properly plan for these events. We very much appreciate the time and effort and consideration being given to our request and we hope that you will be able to look upon it favorably. However, my prior letter had not noted these upcoming scheduling issues which are now starting to create some concerns from a planning perspective. If there is any additional information you need in order to consider our request, please feel free to contact either myself or our manager. Thank you again for your consideration and attention. Very truly yours, ruce C. Stuart ommodore BCS:ssd cc: S/C Tim Collins Dennis Connally Port Capt. Paul Stemler DOCSOC\877172v 1\ 19999.0000 mwP�w IGHm_U a == January 17, 2002 Mr. Tony Melum, Director Harbor Resources Department City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 Dear Director Melum, Newport Harbor Yacht Club would like the City of Newport Beach to consider granting use of the public water space and the last 40 feet of alley space at the end of 81h Street and Bay Avenue for use by the Club for the various sailing activities we sponsor year-round. We feel strongly that the most practical and best use of this public water space is best served to continue to conduct beginning and advanced sail education for hundreds of junior sailors from around the bay, including the local high schools that use this water space for their advanced sailing programs. The membership of the Club is in excess of 1000 local families that live on and around the harbor and support these various sailing activities. They depend heavily on the use of our existing dock space and launch facilities, as well as the public water space to conduct these programs. Our inability to use the dock immediately adjacent to this water space has directly affected our ability to provide these programs to the community. Founded in 1917, Newport Harbor Yacht Club provides a real value to the harbor and the local sailing community. Similar to that of the commercial boatyards around the bay, we'depend on the use of this public space to better serve the thousands of participants that attend our many local, national and international regattas we host each year. Insofar as the use of the 8t" Street alley, the Club owns property on both sides of the alley and will always maintain the right of public assess to the seawall. However, virtually all local public access to the bay takes place less than 200 yards to our west at 9`" Street, along the 140 yard stretch of public beach that provides direct access to a designated swimming area as well as access to launch kayaks, canoes, rowing sculls and small dinghies. Over the many years, our sailing programs have produced junior champions, national champions, world champions and Olympic champions, all of whom have brought honor and distinction to this harbor. In addition, our membership continues to pump millions of dollars each year into the local businesses that support boating and water related activities in the bay. Please help us continue in our efforts to provide the highest level of sailing education possible for our local junior sailors and for our support of the community at large. Sin ely, F B uce C. Stuart ommodore 720 WEST BAY AVENUE, BALBOA, CALIFORNIA 92661 • TELEPHONE (949) 673-7730 • FAx (949) 673-3972 NOTICE OF VIOLATlI/ON/ CITY OF NEWPORT BEACH _ No.�� FIRE AND MARINE DEPARTMENT MARINEENVIRONMENTAL MANAGEMENT WARNING ONLY [vr CODE ENFORCEMENT PREVIOUSLY ADVISED 3300 NEWPORT BLVD. FINAL WARNING [ NEWPORT BEACH, CA.92663 (949) 644-3043 Date �� i Time go ! An inspection of the premises located at 7,v?- 0 A ve, Uh.5-r`' in the City of Newport Beach, revealed a violation(s) of the Newport Beach Municipal Code. Name of owner, or business* -1t6po r Thor lae,14-1- E� /j 119 IF Address if different: NEWPORT BEACH MUNI. DESCRIPTION OF VIOLATION(S): �y CODE SEC. es� n r4pa e mer, �s rb o E . TO CORRECT. THIS VIOLATION: C• 4, 74� d Y I -e-d ,5 THIS VIOLATION MUST BE CORRECTED BY & ©J. If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION will 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 utilized to correct this violation(s). In addition, a 10% late fee will be charged on any reinspection invoice not paid by the due date. A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE., IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION WILL BE ISSUED AND FEES WILL BEGIN TO ACCRUE. I declare under penalty of perjury under the laws of the State of California that the foregoing; is trueand correct. Executed on fdateshown above. SIGN OF ISS G bFFICER PRINT NAME OF ISSUING OFFICER IDN _ I a-k -5 n 'VMAiIOWCLEARED DA E WHITE (Violation Copy) CANARY (Last Notice Copy) PINK (Hearing Copy) GOLDENROD (Officer Copy) NOTICE OF VIOLATION CITY OF NEWPORT BEACH No. FIRE AND MARINE DEPARTMENT MARINE ENVIRONMENTAL MANAGEMENT WARNING ONLY �tt CODE ENFORCEMENT PREVIOUSLY ADVISED l 3306 NEWPORT BLVD. FINAL WARNING �# ' NEWPORT BEACH, CA. 92663 (949) 644-3043 Date Time �I An inspection of the premises located at - s f _ in the City of Newport Beach, revealed a violation(s) of the New ort Beach Municipal Code. Name of owner or business: : -f ) - (m Nw �` or et• a Address if different: NEWPORT BEACH MUNI. DESCRIPTION OF VIOLATION(S): CODESEC. P jq AF ' 3 e, r f el fit ,'mot . 6-4 TO CORRECT THIS VIOLATION:= 3` -3 THIS VIOLATION MUST BE CORRECTED BY .If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION will be issued and penalties will begin to 'accrue ($100.00, $200.00 AND $50000) 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). In addition, a 10% la cfie will be charged on any remspection invoice not paid by the due date. A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION WILL BE ISSUED AND FEES WILL BEGIN TO ACCRUE. I declare under penalty, of perjury under the laws of the`State of California that the foregoing 'is true and correct. Executed o n�h edate shown above. SIGNAT-URE1OFISSTJ1fiG9FFICER PRINT NAME OF ISSUINpG OFFICER IDB V=IO ATIOWLEARED DA E WHITE ( iolation Copy) CANARY (Last Notice Copy fficer Copy) ) PINK (Hearing Copy) GOLDENROD (O_ Q SEW PORT CITY OF NEWPORT BEACH U P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C"9G/FpRN�P October 5, 2001 Newport Harbor Yacht Club 720 Bay Ave. West Newport Beach, CA 92663 Re: Boat Encroachment on City Street End Dear Sirs: A recent re -inspection of the City Street Ends revealed that there continues to be a vessel berthed at your dock that is extending beyond the projection of the property line into the City Street end. The City has notified you previously that this is a violation of Section 21.A of the Newport Beach Harbor Permit Policies that prohibit boats moored at private or public docks from extending beyond the projection of the property lines of the property to which the dock facility is connected. A letter dated August 9, 2001, advised you to relocate your vessel(s) within 30 days to avoid receiving an Administrative Citation. This second notice is accompanied by a Warning Citation, which request that you come into compliance with the Section 21.A within 15 working days from the date on this letter. Again your cooperation will be appreciated. Failure to comply with this notice may result in another Administrative Citation that has a $100 penalty. Subsequent citations have penalties of $200 to $500. If you have any questions regarding this notice, please call 949-644-3043. Sincerely, Wes Armand Harbor Inspector Division of Harbor Resources 3300 Newport Boulevard, Newport Beach O� SEW PO m CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 c —��P FO RN/ October 30, 2001 Bob Ledbetter Newport Harbor Yacht Club 720 West Bay Avenue Balboa, Ca 92661 Re: Street end encroachment Dear Bob: I have had an opportunity to discuss both the Club's proposals with Tony Melum and need to see you Wednesday in regards to this issue. Please contact me when you come into your office so we can arrange a time to get together. Your prompt attention to this matter would be greatly appreciated. Sincerely, Wes Armand Harbor Inspector 644-3043 ��Q /o. sd of 3300 Newport Boulevard, Newport Beach DENNIS M. CONNEALLY, CCM GENERAL MANAGER October 17, 2001 Mr. Wes Armand Harbor Inspector Division of Harbor Resources P.O. Box 1768 Newport Beach, CA 92658-8915 Dear Inspector Armand, Newport Harbor: Yacht Club is in receipt of your letter dated October 51h regarding a beat encroachment over the city water space at the end of 8 street alley. Per your notice, we will have the encroaching boat removed by 10/26/01. In- order ios maximize our current dock space on either side of the 81h street alley, we have a few questions that we would like to ask. On your next visit to the Club, we would like our Dockmaster, Bob Ledbetter and our Port Captain, L.J. Edgecomb to meet with you and see how we can maximize our existing dock space while fully complying with all city codes. Bob Ledbetter will call your office prior to your re -inspection on October 261h to see if we can arrange such a meeting. Thank you in advance for your consideration. Sincerely, Dennis Conneally� General Manager ` .,-Bob'Ledbetter L.J. Edgecomb 720 WEST BAY AVENUE, BALBOA, CALIFORNIA 92661 • TELEPHONE (949) 673-7730 9 FAX (949) 673-3972 Melum, Tony From: Melum, Tony Sent: Tuesday, October 30, 2001 10:40 AM To: Bludau, Homer Subject: RE: Newport Harbor Yacht Club The -----Original Message ----- From: Bludau, Homer Sent: Friday, October 26, 2001 6:11 PM To: Melum, Tony; Kiff, Dave Subject: FW: Newport Harbor Yacht Club Tony, do you know anything about this one? Thanks. -----Original Message ----- From: Ridgeway, Tod Sent: Friday, October 26, 2001 1:22 PM To: Bludau, Homer Subject: FW: Newport Harbor Yacht Club us a'time certain to have it removed. I'I( have Wes Homer: This issue and the lady complaining is not goin to go away. She has a legitimate complaint. Please call me and you and I can probably resolve this matter. Tod -----Original Message ----- From: JEND323@aol.com [mailto:JEND323@aol.com] Sent: Friday, October 26, 2001 12:58 PM To: tridgeway@city.newport-beach.ca.us Subject: Re: Newport Harbor Yacht Club Dear Mr. Ridgeway: I sent an email to you on Oct 18, 2001 and to date have not had a reply. Did you receive the previous email regarding the boat docked at the end of the 8th street alley? Thank you, Christine Dabbs L NEV�VP RT M"o H-- CL�� B DENNIS M. CONNEALLY, CCM GENERAL MANAGER October 17, 2001 Mr. Wes Armand Harbor Inspector Division of Harbor Resources P.O. Box 1768 Newport Beach, CA 92658-8915 Dear Inspector Armand, Newport Harbor Yacht Club is in receipt of your letter dated October 5th regarding a boat encroachment over the city water space at the end of 8th street alley. Per your notice, we will have the encroaching boat removed by 10/26/01. In order to maximize our current dock space on either side of the 81h street alley, we have a few questions that we would like to ask. On your next visit to the Club, we would like our Dockmaster, Bob Ledbetter and our Port Captain, L.J. Edgecomb to meet with you and see how we can maximize our existing dock space while fully complying with all city codes. Bob Ledbetter will call your office prior to your re -inspection on October 261h to see if we can arrange such a meeting. Thank you in advance for your consideration. Sincerely, Dennis Conneally� General Manager ` Cc.' 'Bob Ledbetter L.J. Edgecomb 720 WEST BAY AVENUE, BALBOA, CALIFORNIA 92661 • TELEPHONE (949) 673-7730 • FAx (949) 673-3972 �� � E,7,00� SPECIAL EVENT PERMIT Cityof Newport Beach P.O. BOX 1768, 3300 NEWPORT BLVD PHONE: 949-644-3151 COMMUNITY SERVICES NEWPORT BEACH, CA 92658-8915 FAX: 949-644-3155 Permittee: Newport Harbor Yacht Club ****REVISED******* c/o Dennis Conneally 720 W. Bay Avenue Vr7�-�1?95 Newport Beach, CA 92661 Event N Description of Event: Newport Harbor Yacht Club's Opening Day Location: 720 W. Bay Avenue Date(s): Friday through Sunday; May 4, 2001 - May 6, 2001 Times: Friday 6:00pm to 8:00pm - Saturday 5:00pm to 12:00am -Sunday 9:00am To 7pm Attendance: 1000 The above referenced Special Event Permit is authorized at the location(s), date(s) and times indicated ONLY. Approval is contingent on compliance with the following conditions 1. All vehicles shall be lawfully parked. No fire lane exemption. 2. No exclusive, use of public parking areas. All valet operations shall be conducted on private property. 3. Alley shall remain open at all times and is not designated for valet pick-up or drop-off. 4. Traffic control per revised detour plan for Sunday, May 6 only. Roadway shall be opened at the end of the day's event. 5. No posting of promotional signs permitted on any portion of public property, including trees, utility poles, street signs, etc. 6. Do not block entrances or exits from any building. Do not block Fire Department access to any fire suppression equipment. 7. Do not exceed maximum occupancy load of any room or building. 8. Permittee must provide a detailed plot map indicating exit pathways from the building and tents. 9. All boats must be within reach of the dock's fire protection handlines. 10. All boats shall be accessible to the existing dockside hose cabinets. If the docks are to be temporarily extended, then the existing dock lines and hose cabinets are to be pressure tested to two hundred (200) psi for two (2) hours to demonstrate the certainty of the system. Or, portable fire pumps must be provided within the extended dock area. Pumps must meet approval from the Fire Prevention Division. 11. Permittee shall provide twenty-four (24) hour fire watch for the entire length of the event. Fire watch is to consist of two (2) individuals who are trained to recognize the occurrence of fire and are capable of responding to said fire. In case of fire, the fire watch will immediately notify the fire department via 911 and will respond to the fire scene and make every effort to extinguish said fire prior to the fire department arrival using the existing hose cabinets or the approved portable fire pumps. Call Ron Byrg- Deputy Fire Marshall at 949-644-3108, with any questions. Page 2 of 2 12. Obey all City, County and State regulations. 13. Comply with the lawful orders of Police, Fire/Marine personnel, Harbor Department or other government officials. 14. Permittee must advise the Orange County Sheriff Harbor Patrol of this event in writing. Please contact Harbor Patrol at ,(949) 723-1002 for more information. 15. No outdoor cooking permitted on any boats. 16. No alcoholic beverages permitted on public property. Obey all A.B.C. regulations. 17. All food service to comply with Orange County Health Department requirements. For more information, contact the Orange County Health Department at (714) 667-3621. 18. On Friday, indoor only amplified sound not to disturb area residents or businesses, shall not be audible in excess of 150 feet from the source, shall not begin before 6:00pm and must cease by 8:00pm or at the order of Police. 19. On Saturday, indoor only amplified sound not to disturb area residents or businesses, shall not be audible in excess of 150 feet from the source, shall not begin before 5:00pm and must cease by 12:00am or at the order of the Police. 20. On Sunday, outdoor amplified sound not to disturb area residents or businesses shall not be audible in excess of 150 feet from the source, shall not begin before 9:00am and must cease by 7pm or at the order of the Police. 21. Clean-up is the responsibility of the Permittee. This permit shall be present at the event and made available at the request of Police Department representatives. Failure to comply with the requirements of this permit, or violations of law, will result in the cancellation of this permit, and/or denial of future permits Issuance of this permit does not authorize any activity in violation of any law, nor does it represent an endorsement of the activity or persons responsible for the event. Ll Approved by: Andrea ire Dat CC: Police, Fire, Traffic, Planning, Code Enforcement, Marine, Harbor Resources - r t,J i"x 5 Aa Lr � t 6rv: A - t� ��' t A ! , t } 1 •�l ii` C,t { (', ' x�; 1 �,' * `y'�` �. tt r13 *� }� `�. �,� t�" a trill �)'1r. } ' "t, 1, yr ry') 1t l t y i t yt, ( t\: .1 , � . *., j,X t•, » - �.t �+,'�"^ "�, •., '1 ^,,� -�, "*" � , ti� it t r t 1 � j �" t, ty r u 4. � � � r.. '. ,.isf r �...: "� ` ... `.,., " � ,.. } t'� •'�.. +4 1 ; �� 1 �' :. * r _ J ....,.._ " i� �W , f` 4. 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I v II I I U I )011L: 1V11I" g 0 0 1 CITY OF NEWPORT BEACH so' CITY OF NL:W 14PALbV6 tfENPORT BER[HX/ST, C�LK'b 4-/ao �T �FPEIi N { p IEVPORT � �i MYBFL LX/ST, DOCKS TOCKm M \� PRCIFI O eP�� CEgN PIER P20JL cr slTG VICINITY MAP MEWM Wf, ULYWOUt P20JL: C T L AJG 29•G' 28.75' 20' PROF 1 LE 1' = 30 EAST' IE17lr SOUNDINGS R;E EXPRESSED IN FEET RND DENOTE ELEVRTIONS BASED ON FERN LOWER LOW WRTER.- 9 PILPU W4 -_3S') /4 "� P/2C- sTrzLssL d coNC, cx �s T T2A,vs��=,vr vock 3s I 3G 37 PLAN VIEW 1 ' = 30' IPPL I CRNT' S NAME N I--1, Y, C . JOB FHDDRESS 720 i v, SAY DRTE /6- 72.0 Cl r r cow NzmoaPr drwcw S; k. E— �4'--fit . in•r� v o u .0 c `1 I ,o c..M.w O C w ocsa rk VICI MITY .SKETCH N/rvlORr *AV CA& IrMNNA i Jlrrr �oand��gs o.e odPresl�d in Fie! and dir.oto odo/ IH i too/ow Meo#7 Lowy Lew h b v4r. 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T;F:ESS�J�G 1 =S.T�_ 2 di 270 K ed,_atrA3e- Iu.�con•t ra st ]i.GFed,-aeven._.Rir©_and - �— 14-3/8" r.�ioclnnl-�x�e.ai .155__eg1,�, 3" Clr. spiral �4orldbg_airengt.h----.._162�Q�lbs �• � .. --- ---------- - — -----8 - Soal._ttor.king_iorce__ >$$0 The — 13-5/8" --�{ _200 _ _ 3/4" chamfer ---- -- 196 in? — - 4 edges-F-ffe(;tive_pre_etrese '_1,025 zai Working strength 1621000 rsi �`` u. _ Initi st:ese 14"l DOC nei �, - t :1 - , >:. ` _Tn{ •ial_.1ackli Sore--� 0 lbs . ter{ • —�"� 450 HARBOR PRECAST COMPANY typicrd, toll & LONG BEACH, CALIFORNIA bottom , PRESTRESSED CONCRETE PILES D[! 4 R I p T 1 0 N 14" sca: DRAWN CWtcME0 APPROVED oAT[ _ _s�AteDWG NO. FORM N. CO •t "OO It..1 1 "2.1 /2C,11 = 4 Z = / 9G sy�/•v SZ=c 7 Xa1v tiJ4vl/G Us /I/3a�/� ;LAC- i7/OUG/-� �J12�j2 SG�T�/t/ �/dOUG1JS %�'OVT�//�G�N/1 L /�h'/S TiS�C�OIIIr/� GG-�✓!z Dry I-I/G Z- 7/ l /ems/i� - 2�'O no0//9�,w� /OZO �'/ Cc�M�',�L-` 55�0�✓ Mn,�/�T G /�i T� ,v 8 y /•� CoM,d.�Css/vim Sr�G-"SS O� 95 �� ZZO ff�S 71 Dl- ©G 7 F ESSIpNq\ w S 3812 ?' EXP. o3/3y/971 ,bA^. , .•/ _ //jk I�Lj ••\lF OF � " l T%�L= ss Cv G'o� �G �= O-Tr�vs�o�v 1, G lSJ Ll 73 l� 0 6 7 i. 7 t/S- f8 (� i x Z,Z eN 2,Q7S� 79 6, 6 lq 7a l Z Coo 117(, /(3 0, Z71 Y4- 76 #. 2 F 7/ 2.,G 7 'L Zr(, 3cf , Z 2;L27 7 2- 7 /,7Z3 �Y/3 S382 EXP.03 7 y i 9 OF C 1� — lb CITY OF NEWPORT BEACH HARBOR PERMUT PERMISSION IS HEREBY GRANTED TO CCHSTRUCT AND MAINTAIN THE FACILITY SH01WN ON THE REVERSE NER;,'-LOF, AT THE SITE INDICATED, SUlEJECT 70 THE HARBOR PERNM5T PGLI'-L�FS OF BEACH AMC, ANY SPECIAL CONDiTioNs LpsTrD IS NOT TRANSFERABLE THE CITY HAPBOR COOR33�"IAT02 OR C!TV Tyr:, RIGHTS GIVEN UNDER THIS PEW.MT fLFL ZWE Cr L1 AND THIS PERMIT MAY DE RE'V0'KF-D Oy TECE C�'TY COURC�L IN ACCORDANCE WTLE 1 7 y m E p4qj U C i p A L DC. Ty H Ft COOF2DIZ TOR 7U PERMI N DATE Cl Mlyooler 6.E•4cH �2or� ci sires q O ! ,PL PL /-ICG ST2/J�/GG-541 0 p:., jLANp O. A:.oit MAt wur Jirlr twsr V I `r i M I Y! SKETCH Nrwvowr DAY, CALIcoantA �1 Jlounclin95 are eXPre Sed In ae� O»a� d�nO�e �) d p?OA,5 below tiieon lover CowMbAe^ it�lvxn+.cis hVe lO,��rf Harnor /. of oR,0 v1-0 »o��/y e3 i ore es�ob/a'She�d �n >'h:S.sec><ion ofNewPo.f Bo1. /1ya ro 1e4 �f!Ii41N ;�--� U. S, PrL- Fl, e40 Z-Wc t fis —-} IT Li; „ = w /�/L 1/Al' RG L OC6/ 7-6: � NG-=CG-S.SAq,eY, CITY OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HEnEBY GRANTED TO r.rj ;STRUCT AMC MAINTAIN THE FACILITY S(j0V,: N O?j 7H-M P EVERSE HEREOF, AT THE SITE IPIDICATED. SUEJEC.TI i0 TIVr i'z:OVISIONS OF THE HARBOR PER71I'1' r"OLIC)ES Gr• F2'w 1�"JI±T BEACH AND ANY SPECIAL C � I;33FT r51*dam L: ";T :4? F3 .= c" E t�?. ill?S PER{1'!I ti> y.. TL' E� Ei V ONSENT Oi IS NOT TRANEFUR.c�CI k. TEC +, c r c .+- _ THE CITY tl.^RUCR Cd,�, ND' yJ "5- C3" :.'6J C,F'JI�C4L• T!i':' 1.1 �' I1 RIGHTS GIVEN ?vli_.: > v ,.t.'=8� !:. 4"'r.ilZr:,S6vE OrdL+ AND THIS PERMIT I9°Y iu i+':" vua'.E's BY TT?:E C,Tii COUNCIL IN ACCORDANCE 1P` iTir3 li-.LZ r THE �c3�` '£:l AL CODE - &Joe if IN HA ' INATOR " IT WQ- C ONNI S T C_'P"0 la"", l."' law -& _:_Ss SPECIAL CON®MONS: Corps Of Engineers Permit Orange County Permit _ Other, 'VV_ ot CITY OF NEWPORT BERCH CITY OF NEWP'ORT BERCH WEST ERN PIER ?UPPER / ` i r ►EWDORT BRY ERST DOR DRY GX /ST, way L �4NC�/02 2005 0,0 ..- 80 T Ta✓1 war PROF I LE 1' = 20' VICINITY MRP EFEr io�-r �x, o�uaaaR , Y SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER, • /z s� GSr. / 12, X/ST IG45J � U.00KS / � � I 1 \ 8 L=AC /-1 1'3,4 Y PLAN VIEW 1' = 50 RPPL I CRN7 ' S NRME NG wPO2 T 1-1A2Bole JOB RDDRESS 72 D W, B,4 �' ,4 {iL , DATE 2Aa 0 rgctir c��a _ � Page 1 of 2 Melum, Tony -7, el) From: Webb, Don Sent: Monday, June 11, 2001 11:11 AM To: Niederhaus, Dave; Ridgeway, Tod Cc: Melum, Tony Subject: RE: 8th Street Bench This is a public access to the bay and has been shown as a 20 ft alley on maps as far back as the 1920's. The Yacht club knows it is public. From time to time there have been suggestions that a land swap occur to move the alley to the west so that the yacht club parcels could be combined. The City atlas map does show that there is supposed to be a public pier at this location. I am pretty sure one used to be there. Our City charter does not allow the city to close or sell this type of access to the bay without a vote of the people. -----Original Message ----- From: Niederhaus, Dave Sent: Monday, June 04, 2001 7:24 AM To: Ridgeway, Tod Cc: Greaney, Rick; Melum, Tony; Webb, Don Subject: RE: 8th Street Bench Tod, we located a pre -El Nino map in PW that shows the 8th Street end, the bench, and a public float. Further we found out that the yacht club had bought up both sides of the public streetend and was using the roadway for access and maintenance work. We're checking with Tony Melum to find out what happened to the public float. We'll also do some patching to the street and add some signage to note public access. It appears that the public area was enveloped by the yacht club in their acquisition process. Sometime in the future they noted they will be approaching the City about their interest in the roadway. -----Original Message ----- From: Niederhaus, Dave Sent: Friday, June 01, 2001 7:24 AM To: Ridgeway, Tod Cc: Greaney, Rick Subject: RE: 8th Street Bench Tod, we found the bench and the debris by the Yacht Club. A construction project is on going at the location with a large crane working on the seawall. We removed the City bench which was damaged. We are researching whether that is City property as we have never managed that street end. Once we decipher the ownership and the construction is completed, we may replace the bench. In the interim, a new donated bench was installed a block away in the past month with a much better view. -----Original Message ----- From: Ridgeway, Tod Sent: Thursday, May 31, 2001 12:47 PM To: Niederhaus, Dave Subject: FW: 8th Street Bench Dave: Do you have an answer for this man. Please forward any information you might have to me and I will contact Mr. Dabbs. Thaks for your help. Tod -----Original Message ----- From: CDabbs000@aol.com [mailto:CDabbs000@aol.com] 06/11/2001 Page 2 of 2 Sent: Thursday, May 31, 2001 12:30 PM To: tridgeway@city.newport-beach.ca.us Subject: 8th Street Bench Sir, for years there was a public bench and a small public dock at the end of 8th street (bayfront). A few years ago they turned up missing. As you may be aware the NHYC is having it's seawall rebuilt and low and behold look what they fished out of the bay yesterday (see attached photo). While I am not accusing anyone. wonder what happened to the dock, who threw the bench into the bay, and why is there a large yacht berthed in that space today? Our family has been on the peninsula since 1948 (corner of 8th and Bay) and we (as our friends and neighbors do) miss the bench and dock. Would you be so kind as to look into this. Thank you. Chris Dabbs 801 W . Bay Ave. (949) 723-0805 06/11/2001 �WMEA ftEN T O RT H',)A_)RU8t@ @AJE.� HT ' January 16, 2001 City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Atlas: Tony Mellum Dear Tony, Our recent communications regarding the lineal footage of moorings at the Newport Harbor Yacht Club gave us good cause to conduct a complete review of said mooring footage. As you noted, there is an inaccuracy between the old chart I sent you and what the Club has been charged historically. The results of the Club's study reveal that the old chart of NRY.C. moorings that I, and my predecessors, have inherited over the years overstates the actual, and feasible lineal footage prudence and safety permit the Club moorings to accommodate at this time. Under the current mooring conditions, the Club believes approximately 2540 lineal feet is a more accurate measurement of its mooring capacity. _-- Thank you for working with the Club in this matter and kindly update your records to reflect this more accurate measurement. Please let me know if you should require any additional information. Very truly, Bob Ledbetter Dockmaster Cc: Thomas M. Linden, Commodore John L. Edgcomb, Port Captain Dennis Conneally, General Manager Greg Bourn, Controller 720 WEST BAY AVENUE, BALBOA CA 92661 • TELEPHONE (949) 673-7730 • FAx (949) 673-3972 PO CITY OF NEWPORT BEACH V = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 CqG/ Fp Vk January 5, 2001 Newport Harbor Yacht Club 720 West Bay Avenue Newport Beach, Ca 92661 Attention: General Manager Sir: The Harbor Resources Division called your club's Dock Master office yesterday in an attempt to schedule a meeting to discuss the length of vessels on the Club moorings. Specifically, the City Harbor Resources Division needs to update our record to reflect the maximum length of vessel on your moorings. Based on information received from the Harbor Department the total lineal feet for your mooring is 3530. We have billed the Club in the past on 2364 feet. We need to meet and discuss the difference in these totals. Please contact the Harbor Resources Division at 644-3044 as soon as possible to arrange a meeting. If we don't hear back by Tuesday, January 9, 2001, we will assume the Harbor Department records are accurate and we will bill the Club based on that figure. Sincerely, i;�� Wes Armand Harbor Resources Division v 3300 Newport Boulevard, Newport Beach 6 5 4 3 2 1 NEWPORT HARBOR YACHT CLUB MOORING WEIGHTS A B F G H I M N I 4600 5100 5000 38001 1500 1500 2450 2750 1000 900 2100 2650 1750 1850 1900 1600 1900 2100 1950 350012930 1950 3500 3100 1200 3500 1050 800 1200 3000 1950 1950 2250 3300 3500 2400 2750, 11`111"` 1000 3250,2000.1475,1200,1100 2100 2100,2200 2500,3800 1950- 1200 150011100112501225011000,1950,210013100,230013650 33010 A B c D E F G H I i K L M N Grey shaded box = no mooring BALBOA YACHT CLUB MOORING WEIGHTS 164 146 130 112 92 68 48 24 3000 3800 2000 40 2000 2000 1500 1500 162 144 128 110 90 66 46 22 3000 2000 45 1400 2000 1000 1500 1200 160 142 126 108 88 64 44 20 2000. 40 45 1500.1600 2000.1500 1000 1511 140 124 106 86 62 1 42 18 2100 45 45 2500 35 170011500 1500 156 138 122 104 114 60 40 16 3000 2500 2500 3500 1500 2400 1500 1000 154 136 120 102 182 58 38 14 3100 1800 45 40 3000 1500 1500 750 152 134 118 100 80 56 36 12 2000 45 45 1500 3000 1800 32 1200 150 132 116 98 78 54 34 10 1800,3000 45 1500 2000 2500 1400. 800 148 114 96 76 52 32 8 60 2000 1500 1500 40 2500 1200, 94 74 50 30 6 1500 1800 38 2000 1000 28 4 1500 1200 26 2 ?? 1500 Grey shaded box = no mooring 6 5 4 3 21 1 Armand, Wes From: Thomas Slayton [TSlayton@ocsd.org] Sent: Friday, December 29, 2000 2:49 PM To: Wes Armand (E-mail) Subject: Yacht Club Mooring Weights Here is the Excel, file. You'll find that some data fields (1-7 from BYC) are blank due to service orders not being forwarded to our office by the maintenance companies. In the future, I will see to it that this information is tracked, and an accurate record kept. If there is anything else I can do please do not hesitate to call. Happy New Year, Tom Slayton Newport Harbor Patrol "Mooring Guy" 1 6 5 4 3 2 1 NEWPORT HARBOR YACHT CLUB MOORING WEIGHTS B C D E H I J N I 4600 5100 5000 3800 2650 1850 1600 2100 3500 2930 3100 1500 1500r2000 2750 1000 900 2100 1750 1900 1900 1950 1950 3500'':,;. 1200 3500 800 1200 3000 1950 1950 2250 3300 3500 2400 2750!,'' 1000 3250 1475 1200 1100 2100 2100 2200 2500 3800 1950 1200 1500 1250 2250 1000 1950 2100 3100 2300 3650 3300'' 77,77 1500 1500 1500 2750 1250 3150 2100 2000 2250 N: A B C D E F G H I J K L M N Grey shaded box = no mooring BALBOA YACHT CLUB MOORING WEIGHTS 164 146 130 24 112 92 68 48 3000 3800 2000 ?? 2000 2000 1500 1500 162 144 1 128 3000 2000 ?? 160 142 126 ZW ?? ?? 110 1400 90 2000 66 1000 46 1500 22 1200 20 1000 108 1500 88 1600 64 2000 44 1500 158 140 124 18 106 86 62 42 2100 ?? ?? 2500 ?? 1 1700 1500 1500 156 138 122 104 84 60 40 16 3000 2500 2500 3500 1500 2400 1500 1000 154 136 120 14 102 82 58 38 3100 1800 ?? ?? 3000 1500 1500 750 152 134 118 12 100 80 56 36 2000 ?? ?? 1500 3000 1800 ?? 1200 150 132 116 10 98 78 54 34 1800 3000 ?? 1500 2000 2500 1400 800 148 !' 114 8 96 76 52 32 ?? 2000 1500 1500 ?? 2500 1200 6 94 74 50 30 1500 1800 ?? 2000 1000 4 1200 28 1500 ' 26 2 ?? 1500 Grey shaded box = no mooring 6 5 4 3 2 1 -17d , 26 HARBORNEWPORT YACHT CLUB MOORING WEIGHTS 46 3 ` 2 - �1U ` n � | J � Grey shBALBOA YACHT CLUB MOORING WEIGHTS aded box =numooring - J Grey shaded box =nomooring =nomooring NEWPORT HARBOR YACHT CLUB MOORING WHUHTS Grey shaded box = no mooring ^ - - Grey shaded box =nomooring Grey shaded box = no mooring ^ - - Grey shaded box =nomooring ^ - - Grey shaded box =nomooring 26 STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office tl� 200 Oceangate, Suite 1000 �'� �•. - Long Beach, CA 90802-4302 (562)590-5071 September 1, 2000 Mr. Tony Melum Division of Harbor Resources City of Newport Beach P.O. Box 1768�-��' Newport Beach, CA 92658-8915 Subject: Condition Compliance — Coastal Development Permit 5-99-282 & Conformance with Consistency Certification CC-078-99 Dear Mr. Melum: Commission staff have received information submitted as evidence of compliance with Coastal, Development Permit 5-99-282 and/or as evidence of conformance with Consistency Certification CC-078-99 for the following sites in the City of Newport Beach: City Harbor Permit # Site Address Date Received Beach Disposal? (Yes/No) Ocean Disposal? (Yes/No) 1 16-720 720 West Bay Avenue 8/15/2000 No Yes 175-736 736 Via Lido Nord 8/15/2000 No Yes 165-13 13 Bay Island 8/15/2000 No Yes 103-161 1 1629, 1625, 1617, 161 1 Bayside Drive 8/21 /2000 No Yes Commission staff have reviewed the information submitted and determined that the above referenced dredging events involving ocean disposal conform with Consistency Certification CC-078-99 and that no further review is necessary from the Commission for the dredging and ocean disposal components of the projects. In addition, since the above referenced applications do not involve beach disposal, the above referenced dredging events are not subject to the terms and conditions of Coastal Development Permit 5-99-282. Please be advised that only the project described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC-078-99 and/or conform with the terms and conditions of Coastal Development Permit 5-99-282. Any change in the project may cause it to lose its status as consistent with CC-078-99 and/or CDP 5-99-282. 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/or CDP 5-99-282 is obtained. If you have any questions, please contact me at (562) 590-5071 or Mr. James Raives at (415) 904-5200. Sincerely, i! Karl Schwing Coastal Program Analyst Cc: Mr. James Raives, California Coastal Commission Ms. Susan Sturges, U.S. Army Corps of Engineers CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT HARBOR PERMIT APPLICATION (Please print all information) Newport Harbor Yacht Club_ (949) 673-7730 1. Applicant (Property Owner) Address Telephone 720 West Bay Ave . , Newport Beach %tm _ ? Z a 2. Project Address (Street Address) Harbor Permit Number 3. New Construction Revision Maintenance x Dredging 4. Fee $351 .00 Check No. 2862 Date 3/20/00 5. Brief Description of Proposed Work: replace 9 piles 6. Submit 8 1/2" x 11" 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. Existing ground profile, and area and profile of any dredging with elevations showing depth relative to MLLW. 6. 'Elevations of top and bottom of piles and bulkheads with respect to MLLW. 7. Any special conditions affecting the construction or affecting boating operations. 8. Owner Builder/Contractor Declaration/Insurance Information. 7. Owner -Builder Declaration must be c mpleted (on revem side of this sheet) 8. Applicant's/Agent's Signature: Date: 3/24/00 9. Work can begin once the City has received evidence of the following additional approvals and you have been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach Municipal Code and subject to penalties. 10. Your permit will not be final until we have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection. 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 Approval of County of Orange. Date Issued. (Permit is stamped drawing. Date '25>e Site Inspection. (call 644-3043 for appointment) Date Site Re -Inspection Date Conditions: 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 penalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as their 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 improves thereon, and who does such work himself or through 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 purpose of sale.) I, as owner of the property, am exclusively contracting with licensed 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 who builds or improves thereon, and who contracts for such projects with a Contractor'(s) License pursuant to the Contractor's License Law). n `' 1 am exempt under Sec. of Business and Professional Code for this reason: Owner's Signature: xxxxxxxx Date: xxxxxxxx Contractor: Shellmaker Inc. Telephone: (949) 548-5359 Address: 875 B West 15th Street, Newport Beach, CA 92663-2701 License class A8,B State Board No. 561434 LICENSED CONTRACTOR'S DECLARATION City License No. 96002210 I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, an license is in full force and effect. Contractor's Signature d C� Date: 3/24/00 February 1, 2000 Greg Bourn Comptroller — Newport Harbor Yacht Club 720 West Bay Avenue Balboa, Ca 92661 RE: Mooring billing Dear Mr. Bourn: The City of Newport Beach bills the Newport Harbor Yacht Club for the use of 2364 feet of the Public Tidelands for the moorings the Club has in the Newport Harbor. The bill is the above mentioned footage (2364) times $ 20.00. By arrangement with the City of Newport Revenue Division, the Club pays a portion of this annual fee quarterly. If you require additional information in regards to this bill, please call me. Sincerely, �- Wes Armand Fire and Marine Department Marine Environmental Management Division G73�r�7 t H 0 12-3/8 - - ---------- 2— C Ir. t< a 4% P. • r %0 td • bo 3AN 11-5/8v chamfe'r f our edges L L I - 4` 43 rhn. t or HAR I'Ato: at 28 ds�ya PMTRESSIRGA -STEEL-- JZ21 dia.j _270K,_pnqqa.tqd stress v�rqRtmnd, Cc To--rm— in. 2 70, (ng ,gt_b _ --Ps .6 Woxkin.g-otreis-o---- 162.000 psi —35 1000 Si laitial—otpp"_ --197 000 psi in 2 Working stress 162 000 psi 2 Z:w wo.rkii-ig. force /570�G(vO1bt 2 4Cfle0ti.YQ Pre!5 tresa--. ---624� Eli 13OR PRECAST COMPANY . LONG 13EACt-I. CALIFORNIA, PRESTRESSED CONCRETE PILES 12" SQUARE tip A, WN P7 P T UATt *,C AI[ Arrnovro DWG: NO: e:�:romw 04� tf% .1-cm to -go V.-Ai & Mar i ne Consulting &--- a esign Z=- X IS 7-/A/G 12 ple C114-5, r IL --.,IL //(,/Cl- ro EL-: 0 6 -S- 7-IF41VP, ---- tie. Vo Z---YIST TPAI,,151Z-Z�V'r DID Cl<' /FE- S-/S T,41�l 6\ L.::7 01 Eorrol"i awle", A ?C-S,45 71- 1� A A rA 'RV E. Lei .4 HE'll M4 X r Z E V6:) 7-1-1 7Z&7 ,�sxi�/,=x��i gor NO EXCEP111ONS Mi EER was t# WORK SHALL BE DOt'-'- 014 ACCORMVwMV75� VAM4 niE MXR,, FOR", SITAMDAUR',ii) OR -I', CT TO QVVY H,USPE=om. Flb qw/ 116-72-70 lb As 40 AwPmax, kRJ4 W040 y A •. I R �— 12-3/8" . --�-� a2— Clr. �- f npira P. ea h 3AN ahamfor Sour edges r — I. 1" 45° :hn, ;for too Z to: - --.— —_ ---_ .--.------_.— DRAWN D C o R t P T q N _ — DATC COMWE a �j�s q=_ cenent_�or ubio ward �e---� - psi at 28 days -- FmTRESSIIirC -ST'EEL- IZ " _die.., 270K,__uncoeted streets sued sewn v re strand, Cc TaTAL U = ate- strength 270j-0�si -- —= — x .6 162.0000 ___ psi +35x000_psi i, -- 1Q7 _000_ _pis i -- -- -- --�cin Initie.]<SQ7t'ce_.Fe� strand—__��_�� lbs Wo rk#g_ e tre a a_ JLQzking io?'Ce.per strand_-- 2 ,110 TQ_tp-1 vorkLig force _ l5-D,Co(o01be HARBOR PRECAST COMPANY LONG bEACO, CALIFORNIA, PRESTRESSED CONCRETE PILES 12" SQUARE .CHCCkCD LAI'iROVCD SCAIt WG. NO: - i.S;!,r;�1'►oArNrtf•./fOOli-..l.R4J•. NAME ADDRESS PROPOSED FACILITY PERMIT I MAILING ADDRESS TELEPHONE NO. FEE CHECK NO. DATE -/ APPROVED BY: DATE APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT TO OCHD ❑ CONSTRUCT/REVISE ENGR ElAT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING COUNCIL ❑ BY ' COMPANY PUBLIC WORKS 'DATED DEPT. ❑ ESCROW 'DATE INSPECTION S)GNATURE i SPECIAL CONDITIONS: CITY OF NEWPORT BEACH, CALIF. WX FORM 6&1010 /h� L V ICI ITY SKETCH p% / A ✓ t �[-'./tlJii:'(.> �,,�nv"v�/✓b. f ; , ! --`� t•� ! CITY OF NEWPOR`i BEACH HARBOR PERMIT PERMISSION IS HEREBY GiRAN70 TO CONSTW MAINTAIN THE FACUff SHCAVN ON THE REVERSE If AT THE SFTE INDICATED, MUM TO THE FROVI810 THE HARBOR PERMIT POLK=iff NOPM GEAC S NOT T FERABE WNF WU*lVYRIflEN=a THE CITY HARBOR COORIWOM OR COY COUIC RIGHTS GIVEN UN THIS PST AND THIS PERMITCITY a IN ACCORDANCRA VI LE OF E MtAiKKPAI. CIKRBOR COORDIIriATOR //&- %-'zO PERMIT NO. DATE CITY OF NEWPORT 9EACH HARBOR APPLICATION NO. c -77,0 F o 0 a A- o E y ? p p l !) 1.17 ifs• lc..•ro+r R Q Bic o,t 33•3o' 6�6oy �y fj�� oie —,K Eye a VICINITY SKETCH NiNrpO RT E5AYC'AL IFOIZNIA �rr�r 5,095 0.1e L-A,01"cssed rQ feel and -role dep fh s 6 elory Moor! Lo wee Low Mo yfer. �Wor^strrrr rora9e o/ iidc Opprvxr.nol�ly /O {oaf florisor +i�e5 ore esfflblr'shed �n /h:S secf orn o{"ICWP,+'l B,or: t � A vvi ir`A,Ar7,V fVALE - / /AnA i.lr� _ s 1 yam, FC112 5� -7;z,n 1.tdES7- -GAy %VC, TRACT BLOCK ' OT ,PW,AW I 9Y. T.4wt KC.PJ1sJ Q4T6' lViar-Me Consulting G ilesigil /Y 6WIL Y, Cl up 1AM- Mi; P, rermro ST 17L:-gISTAAIOL-= '01 Corrol-7 —/0 7-0 EL-.- 12"Ol r,4 Z, 4z uni, "n IA44 X 9,�,-r4 T C- V&,O 7-1-1 00, DATE cs SMALL HN UA 7Z&7 sp IS) D , C/) S3812 .03/f3l �lar �'er�ni it � il�� JAW *r*Aq 7279 4t �wt m4,e, kos* STATE OF CALIFORNIA - THE RESO RCE JCY 4 PETE WILSON, Governor CALIFORNIA C� WM MISSION South Coast Area Office G O� g -� 200 Oceangate, Suite 1 (j apOp a� Page 1 Of 3 Long Beach, CA 90E ,�oJo,� �\,` Date: November 19, 1998 . (562) 590-5071 Q' Op �1 G,�� Permit 'No: 5-98-305 ,',,o%0ASTAL DEVELOPMENT PERMIT On October 13, 199'8,7 the California Coastal Commission granted to Newport Harbor Yacht Club. Coastal Development Permit 5-98-305, subject to the attached Standard and Special Conditions, for development consisting of: demolition of an existing 105-foot long, cast -in -place seawall and 30-foot long groin. The seawall will be replaced by a bulkhead system composed of pre -cast concrete panels tied to a concrete anchor beam. The proposed groin will be replaced in the same dimension and configuration, as if currently exists. No seaward encroachment will occur as a result of these developments. In addition, an existing concrete pad, landward of the seawall, will be removed and replaced in the present configuration. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 720 West Bay Avenue, City of Newport Beach. Issued on behalf of California Coastal Commission on November 1 PETER DOUGLAS Executive Director ACKNOWLEDGMENT 1998.. By: Title: Coastal Program An The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 81.8.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance ... of any permit ... applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a). Date Signature of Permittee Please sign and return one copy of this form to the Commission office at the above address. COASTAL DEVELOPMENT PERMIT., No. 5-98-305 Page 2 of 3 STANDARD CONDITIONS 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in -a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: 1. Construction Materials' Disturbance to sand and intertidal areas shall be minimized.. No local sand, cobbles, or shoreline rocks, not presently used in existing on -site development, shall be used for backfill or construction material. All construction materials shall be stored landward of the bulkhead, in improved areas only, and shall be removed at the conclusion of construction. COASTAL DEVELOPMENT PERMIT No. 5-98-305 Page 3 of 3 2. Location of Debris Disposal Site Construction debris shall be disposed of at Ewles Materials, located at 16081 Construction Circle West, Irvine, a site outside the coastal zone. Any change to the proposed disposal site may require an amendment to this permit. 3. Conformance with Geotechnical Recommendations Prior to issuance of the coastal development permit, the applicant shall submit for the review and approval of the Executive Director: a) final revised plans. These plans shall include the signed statement of the geotechnical consultant certifying that the plans incorporate the geotechnical recommendations contained in the geotechnical investigation of September- 14, 1998 by Petra Geotechnical, Inc. of Costa Mesa (Job No. 471-98) into the final design of the proposed development. The approved development shall be constructed in compliance with the final plans as approved by the Executive Director. Any deviations from the plans shall require a Coastal Commission approved amendment to this permit, or written concurrence from the Executive Director that the deviation is not substantial and therefore a permit amendment is not needed. Ks/Im Documentl Printed on November 19, 1998 GE�VED B`( T pn?7 A '�a= 71g,91���y4�� NEWPORT BEACH FIRE AND MARINE DEPARTMENT Re: Coastal Development Permit #5-9-305 Dear Mr. Schwing: I am the tidelands administrator for the City of Newport Beach. State tidelands, within the City of Newport Beach, have been granted to the City in documents dating from the 1920's. Essentially all of the state lands within Newport Harbor are under the City's jurisdiction as a result of the grants. The application listed above is not on state tidelands, however, but on private property, back from the state tidelands. As a result, approval from a state lands commission or from the City of Newport Beach as trustee of the state lands is not necessary. However, the City does require a harbor permit even though the project is on private property because it is within an area where the tide ebbs and flows. Based on my inspection of the property and the drawings submitted by the applicant, the project consists of the rebuilding of an existing retaining wall in exactly the same location and in exactly the same alignment as it existed previously. Therefore, there is no enlargement or further encroachment into the inter -tidal zone. I hope this answers your questions. If I can be of further assistance please give me a call at 949-644-3041. Sincerely, Tony Mel m Deputy Chief Marine Environmental Division Aug-19-98 10:40A Shell- 'tker Inc 714 5-9 5315 P.02 STATE OF CALIFORNIA . THE RESOURCES AGENCY PETE We4SON, Gomeemor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Sung 1000 Long Beach, CA 90802-4302 (.562)5ea5071 August 7, 1998 Mr. H. Gilbert Jones, Commodore Newport Harbor Yacht Club 720 West Bay Avenue Balboa, CA SUBJECT: NOTICE OF INCOMPLETE APPLICATION Coastal Development Permit # 5-98-305 Dear Mr. Jones: On July 29, 1998 our office received your application for the subject Coastal Development Permit. Please accept this letter as notification that your application is incomplete pending receipt of additional information necessary for a thorough analysis by Commission staff. Following are highlights of information necessary to evaluate the completeness of your application. Please also refer to the attached memo Applicants for shorefront development, dated December 13, 1993, hereby incorporated by reference. Your application describes the scope of the project as replacement of an existing seawall along the present alignment. However, under Section III. Item 1 fbl of this application you also make reference to demolition of an adjacent boat storage area. Please provide a thorough, detailed description of the entire scope of the project including all planned demolition and construction for which you are requesting this permit. This description should include, but not be limited to, the following: dimensions of the project, existing and proposed structures, method of demolitionlconstruction, location of storage area for construction equipment and materials, location of storage area for demolition debris and planned method for disposal, and any planned fill of coastal waters using rip rap or any other type of temporary or permanent shoreline protective device. Commission staff also require detailed project plans, as stated in Section IV. Item 7. of the Application for Coastal Development Permit. Flans submitted with your application were insufficient due to the small scale provided and lack of detail depicting the proposed project. Plans should clearly portray all existing and proposed structures subject to this permit in site specific, profile and plan views, These views should include elevation, tidal range, all cuts, dredging, or fills, and existing/proposed ground profile, as appropriate. A clear representation of whether seaward encroachment of the proposed structures will occur, either temporarily or impermanently, is required. Also, please show the project in relation to existing property boundaries. Examples of sufficiently detailed plans include architectural and civil engineering drawings, certified by the appropriate licensed professional, and at a resolution sufficient to evaluate project detail. I G y�� (kv b '`- ao In addition, there are several per its, per ' ions or approvals granted by public agencies required prior to issuer of a Coss I dove[ a em permit. The Coastal Commission is Interested in any adverse impacts your projec may have on coastal resources, including biological resources and water quality: Th refore, the California State Lands Commission, California Department of Fish and Game�fid Regional Water Quality Control Board must be contacted for comment and/or permits. Please demonstrate the results of your contact by providing copies of permits (including any special conditions) or other correspondence those agencies may provide to you. At minimum, we require a letter from each agency stating they have CITY OF NEWPORT EEPEH CITY OF NEWPORT BERCH YL I wtr r�RT � ,4NcuO,e MODS 0,0 � � � II SLRND �, � CCWC. /-ktC/•�02 BG� .-4, ERY 02 CI FI C OC�� 0 PPIIERR \ 1� 80T rol l HEST VICINITY nRP �rrY PROFILE 1' = 20' ioPC,7 sir, 6iYO.4CA , JETTY SOUNDINGS ARE EXPRESSED IN FEET FIND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. —_-P G sf 6 �sY / / / "2U >. 1LXI97711JG / io5' 1-3,4 Y AVL=1/1 PLAN VIEW 1' = 50 RPPL I CRNT ' S NRME NGWPOIZT H-42Bo 2 JOH ADDRE55 7z O W,, 5A4 ,4 {iL= , DATE rs D rgcHr CLUB etf� Gehd�� — S�ir+a +�r �.►� /�- 72 D Ci r r ms- S� k. JW 4. w<rvMf a♦^ 0 r® 0 wL�eA . e .00 c .� S- d ti VICINITY SKETCH """ ''e7Tr mow•• n NIF,vooRr SwY CAL #roam#^ Sound/ngs a►o dpA^rc"" nr Fee>< and dsr.or*o o'ir iL s bo%ow Maroq Lowe Lew Wofrr. MornsiMr are rt041 �.. 8M-6--R - " CWt'5 ENTPANCZ c'ATr. r UNION OM03Ul il / �Xy La 4 Idl jKi+'• ���Pi / C'AbVT s r ru vG r e l B G,r.4 7,97AG1/T rr ✓tee Avo�Ess 7.za Y� . Gewrrw.�erbe J�t��MI� /Cir 0.4-rar u BEACH Azp7MI 'LRRt11S 1f)14 to t`¢.e,.'�t^Y fs. n ANC MNS -.T THE SV- y. - :lYC:"1 AND :'i� i•1�a7.v�%3 P:. '� � x n J .... �; �..3 sr b _��. .'•'y PEFtF�4": ANY ' S No'f Tiistxrr Fgsn E€, TE1 Ti-IG CITY ' ®171."i' r Ittt fii'a v ed Z-tJNCM n. n /+/� �y y,� // r� �,`,� c; O D iE. Is PERMIT 13SUED SUBJw T DREDGE MATERIAL BEING 1_ MAULED TO SEA �v.Iv .1l1qui..o0viL 1�I111. 41 U U 1 CITY OF NEWPORT EERCH U, S. P/G2NL=<JD L so CITY OF NL=W J4' 1,t W� BER[H G x/sT, of K'I� f /? p UE5T p� EWORUPPER NT O t8 BRY it -Jo. a LYX/ST, ISOTTa/✓J �� MY pACIpI �� Pecl..aoR ` � \► EAN P20Jc- CT SIT \ PROFI LE i ■ = 30' VICINITY 11AP �r KWCW WT,OiIFOC' JE7TY SOUNDINGS ME EXPRESSED IN FEET RND DENOTE ELEVRTIONS BASED ON KERN LOWER LOW WRTER, PlZO �� C i L IkIG-' 0 N 2CGCACG � L-IST /2'�� P11.1ti/G W4 -_3.S Mr 14 0 PQc- - ET12LSSL,d co,-C, CXIST TFzA,vsl�Nrn LOocg 3s j 3G i 37 "o T2,4CT 88¢ rti Y�C!—✓T CLUB PLAN VIEN 1■ = 30' FPPLICANT'S NAME 1V N, Y, C JOB RDDRESS 7Zo kl, LAY DATE 31AY ao,d C� r r cw Nle*' Goer- S� .T- .7 6- 72. c C � I e� w ..rr ^ •���N o TQ O . D VICINITY SKETCH ""AWM* N/WIIRr DAY CA& irOMMIA � Ferrr 5'ovi►Of' 11gS CAi Vfe dP,ow I.4 a b g/ow MWoq Low•► L o,v wb ran Motrw.c✓... ronyi o/ //o's o �ro�t,�ro%/y M v;Lr Horb� /.ides are esoa`/r'a/►odnI4 /h:= . aeo%iv r oP,Vew'~/ 60�: NIf Key #v DMKs �777�771 piNuwY 9 ciu6 MAIN GUST DOrk MXRK =4, EAST `WARD r J u �✓i y0+� EsS -0A car Co,crr�Ac rb,e %11M ,-(- OA I Cl T)" of NfiYPO�Pr BE.QCN .� AP r- w O fit Q ,< .c t \ �2.do C% 044 _ C•ffv� \ O \ VIA V I C I N I T Y SKETCH .�•,, �carr cA.. Nswvowr $wY, Czar. icvawrA + � � �tiir ///�v l /Z'. y 7 La • areOCa •• • 5104n:din95 QPW &A,o>Cssad in Tied and dsno>'a dvp /h s below Amon Lover . L or Warta*r. rvn9e of /r'de opprvRi.r�o�I/r i0 "WC-O. Norboe /Rues" are of Ne.%parf Par_ rt o l7ad .' —73 cAurs /- --- • pr�l�,h9 t,•. i Or I 1 1 1 • /Yee✓�!)I"T rl !1'r NiC �C�4 BL !, qc Joo ,gOOPESS 7�0 !.✓mar ,�� / .4✓e. �Cov7,eAcTo�t. t—Iff-0—IF ffigWPORT BEACH - HARBOR PERIMMOIT TU pr.ITMISSION ZS Hr,ty;ANTEDToCNSRCT ARL 0?! -,* ,7 r.C:V��p6SE HERE FAAINTAIN THE FACILITY SR01'14 SUCLCT TO T"". OF AT THE S;TE AMC BEACH THE KAReOli PCHAtT Pi:LVU-ifl . &I.- � �- - , N. TOUS PERNI'll ANY sPECZAL CGN-D—Tl .1 — -- is NOT TFANSFZMi� :;-z `'ha"- TIC- rHE clly Wl.�"Zc7CC- z C11'::�-.'--.�- SIVE 0141. RIGHTS Wvar-74 IJ y H C"-.T COUNC AND THIS PEPM," ""Ay -ur.-GteAl. CODE, IN ACCOFIVAii" VW,'.TH CF va /54 FNAT CiTy—+ owat —R pfRMIT NO. DATI SPECIAL CONDMONS: Corps G; Eughrmit aers Pe'E Orange coun'.- * y Permit PERMIT ISSUED SUEUECT To DREDGE MATERIAL SEING 4jLED TO SEA PLACED ON SEACH . . . 4.4 c,=- NciyA�aer 4 ,5•aC.M S rT e �r Lawp Fieoch //l�fJ' ILI c Vi 00 J � 3O � .J i' 1 V /i 6L �6.o C.v Q OALOOA O iaL.r,.p D -f5.3 � NA C 6d O a CS&as p V t C I M I T Y 5;< E T C H NlA N�wpowr 6RY CAI.. tioRIlk SoUnd�nrts ore exoiCsstd /n feel and amhola depths be%w Meor7 Lover Low Wofrr, i6/loYLecsiss ronye of l,'de QPprox/�nO�a/Y /O �-,31 Harbor /i�eS rh:s qre es�ab//'shad ,,� secli�or/ ofN�wParf Bat:. 1 n R ii �I 14 �I I s, I .5c�. An c®A• �� cr�,�, ,� // , ate - - )4 /�47 a/�� c�c�Q s� 2Q h/� � �- Ne , CITY OF NEWPORT SEAC�,* HARBOR PEEWRMIT PERMISSOOM IS i'll"i-4MIN:r�ly cnllrl."�"IMITLIZ MAARTAIN AT 7.14E A N y 9S 7 C eM ATOR =lToRa coo 7 z-o PERMIT NO, "ECIA-L CoNmy-mNs.". �1'paa -m COU31" Permit G'ra"94 Other: SPECIAL CONDITIONS: AT LEAST 72 HOURS PRIOR TO DREDGING OPERATION STARTUP, THE CALIFORNIA REGIONAL_ WATER QUALITY CONTROL BOARD MUST BE NOTIFIED. CITY OF NEWPORT BEACX HARBOR PET PERMISSION IS HEREBY GRANTED TO CONSTRUCT ANU MAINTAIN THE FACILITY SHOWN ON THE REVC, :-s.. ktREOF. AT THE SITE INDICATED, SUBJECT TO THE Piz % -MONS 06' THE HARBOR PERMIT POLICIES OF NEWOFZT :'NI' ANY SPECIAL CONDITIONS L.STED HEREON. fXS, PmY'NJ� ,' LS NG'T TRANSFERABLE WITHOUT THE WRITTEN T'-"sv G;.:i Y HARBOR COORD4NATOR OR CITY COU i,,. i.. R r"IG1•iTS GIVEN UNDER THIS PERMIT ARE PERMI s,.Oui'- ON0 AND THIS PERMIT MAY BE REVOKED BY THE CITY k:'k"MiNQ EI IN ACCORDANCE WITH TITLE Aa O THE MUNIC�PA— ,;O-DE. CITYIiQR fr ?,Lii�Os� PERMIT Iml®e DATE SPECIAL CONDITIONS: IONS: Corps Of Engineers Permit S — f c7 —77 Orange County Permit Please mail permit to: Shellmaker Inc. 875 B. West 15th Stree 'FUROR PERMIT APPLICATION Newport Beach, CA 926E City of Newport Beach Fire &-Mar`'ne Department Please Print: (Front & Back) Newport Harbor Yacht Club 720'West Bay Ave., Balboa (71.4) 673-77.30 1 App scant Property OwnerAddress Te ep one 720 West Bay Ave. /I6-77-U 2. Project Address Street address) Harbor P7e t # 3. New Construction Revision Maintenance X Dredging 4. Fee $351.00 Check No. 015883 Date' 7/22/98 S. Brief Description of Proposed Work: Replace deteriorating seawall along existing alignment to protect existing lot and adjoining structures. 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 roiect 5. Existinq ground profile, and area and profile of any dredgln with edepth showing de th P relative to MLLW 6. Elevations of top and bottom of piles and bulkheads with respect to MLLW 7. Any special conditions affecting the construction or affecting boating operations. 7. Owner Builder/Contractor Declaration/Insurance Inf tion 7. Applicant's/Agent's Signature Date 7/22/98 8. Work can begin once the City has received evidence of the following additional approvals and you have been notified to yroceed: OFFICE USE ONLY Approval in Concept Date Approval of the City of, Newport Beach Council. Date Approval of the Army Corps of Engineers. Date n V 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. (ball 644-3043 for arigoiatment) Date Site Re -Inspection. Date Conditions: OWNER -BUILDER DECLARATION 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 wages as t e 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 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 propose 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 Contractor'(s)`License pursuant to the Contractor's License Law). I am exempt. under Sec. of Business and r� o�sions Code for this reason: owner Signature Date Contractor Shellmaker Inc. Telephone (714) 548-5359 Address 875 "B" West 15th Street, Newport Beach, CA 92663 License Class A&B State Board No.561434 City License No.96002210 LICENSED CONTRACTOR'S DECLARATION I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professsions Code, and liven is full force and effect. Date 7/22/98 dorztractor Signature CITY OF NEWPORT BERCH CITY OF NENPORT BEACH ' PPEP20p0 SCA HEST f EXPORT ri NI w CoNC, /Jc.cK ,PRCjrjC OCE AN VICINITY MRP lOPM EW, CAIFMCR f •-9.0 t8 ToP �_ ��oF•• LXlSTWAG4 ERST 14NC4OR !RODS 0,0 o... BLAND,�- BRY 1 , 14012 D 80TT61-'? BEST �rnr PROFILE 1' = 20EFST JEl iY SUMINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. �2EXJs7- OnCKs 777 p S-CfI�/ _ L/ ,,qT CL US NDUSC-- L X/ST/k/G PRDPOSLD ACCMEw r / BUL IINLAO ,GAY Al/L=NUL= PLAN V i EW 1 ° APPLICANT'S NAME Y,gCLIT�C UB B02 J0B ADDRESS 700 W, ,6,4Y14►iL DATE. 7-6 -98 r ((FF e / Y C,&= ! QC,4 7 1,1S �` G� L. � V,47�10NS 4)r L X19T/AI& COXI✓, 5' 7-fEVCT/C31S/, " / f f � ".t',r�.�" «i e f?�'G f } /}_ s , _ FF /= �° , j�%�.= • ��° r CO3,k17" FF, '1 C r012 EI--44L L A107-) "?' C C AJG1, JC-4C-f< ' 0/= fr d C.. ,!"" f ""'" s°'�..d'7C.-.i' .s`, P k s'" 4.. y i- f ^ ... .- �-m» ,.�r , f , 4�.1Y S16"IP71C.41.1% V,4014 r10"-9. /V�577) 2 rA Q N671? 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D2ED 3& WITH THE EC MIMEIeIDATIONS NOR REPORT DATED 1411 (jOB NO. 1/71-- 98 "/e E BAKE NO REPRESENTATIG4 AS TO THE d ACCURACY F DIMENSIONS, � A UREIC ENTS, "c- WP0RT "A2r-F01F *>14C1•1i C�.L/� CALCULATIONS, OR ANY PORTION OF THE DESIGN 70 t,t,q y AL= , "' CALIFC>R ..� SOIL ENGR,J 3 R.G.E. NO.it _ __ CC)ASTAL CCU o� DATE j �� t�Al , 714 �7 - 7781Q ._ ....-ram � c EFFECTIVE i t REPLACEMENT, BIULKHEAD i In 11 9- #1# G 0 A/ 13,4CX' /0 — Cc OAJ /Z7'/�?O"r 3 T / L= S 0"'- 0, c' I 4LTL:�-RAIATY' C01VC101-:72z, 10A.1v 64:5� le7llel Y 31!E' LISC-40 RIZOIIL;�S'o rH&Y TYPIcA- L 31L-14LI<`14AL) PAIVEL PA1vSL C01VCkC-rLz- SJ-14L M)9,,11A4(, A,1 6Jl_T11K47-k' S7-RC-2VOTAI 0)'::' _5_000 R-9/ LP 2� 4 YS, rE .5VALL SE A DC-5101V A41X )SY,,4 CC-1?7-4�IL,70 L,4R01,?4T0,2Y /:-0)? or - / - W 1,,1SAjL7 .4rL_e. CL-:"X4EA17- ro &'L---- AST,41 1-15-01 rYPL-717, 6W A L,'<'A Z. (S77_C-l_=_L -A�Ti4 O)F 60, NO. DATE REVISION- Ll L CLOSC� rlE� Ca-1 /21' O-C, 3 rr cz-'.e 7� Z-POVY C0,47L-70 /� 40 INTO rr-AvC. 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COAJ-F. n a 0 90 SCI-4 40 PlIC NOAI -44LF 7_AZ_ L IC IVO 0A-1RJ1VK GHQ A"C,440oO �VO 77 2 - e6 AT �e-A AAJCJ4(-,Z-' /200 L 'S r/ E 5 G) , 12 0, C, 4- OETA IL south coast Diatript 0g2i06 M::'FR0VZD Permit go Bye rc/`EFFECTIVE 1-hr— MARINE CONSULTING & DESIGN 324 EL MODENA AVENUE NEWPORT BEACH, CA 92663 714 642 — 2206 r.� a: �._ _ t ° Q a�CrLa! '4�" ` ,e�yC: ' .�'�,T�.,../C✓•G�t`...� •%Ci �' ,�;, , ,.C1,5' �Ce�'G�1,e'!�%r i �R1 7"N To &1 -, /� , r;0/v C , lf` iRfYZ �IL�L 0, y�, R .. 0 n 7 C— ,r- " r �`�l gg7,lG'C= �4N f� Gl3C,�1Tf ,zi L / 4,,q ? CITI 5 1 't`_ C} f •°p/l� L /,/ifs'!`./dj " EZ CL✓R RfT/c', i� `' .4 7 Jac' 1 f-I.r�''L Z_ CO"Tzi r, T Try a °k3 r Li 6 - � ,ems sHo w/lr Qv I HGL T 2 �`�` ,� T7�' � ' tt. f... „ f 4060 ® 0s ,n 1000, _ APPROVM g p ti �V .. " form' Vo �• By: ° aet DRAWN iY �f MARINE CONSULTING & DESIGN REPLACEMENT BULKHEAD 324 EL Mt3®ENA AVENUE NEWPORT BEACH, CA 92663 NEWPORT HARBOR YACHT CLUB NEWPORT BEACH , 'CALIF, 7,1'9714, 642 -- 2206 July 28,1996 Newport Harbor Yacht Club 720 W. Bay Newport Beach, CA 92661 Dear Sirs: The City of Newport Beach has received a complaint regarding operations by your club or sailing association in violation of Section 17.18.020 of the Newport Beach Municipal Code which states, "No person shall climb into or upon any vessel moored, docked or anchored in Newport Harbor, without the consent of the owner or other person having charge thereof." The complaining party indicated that he or other individuals that he knew had observed representatives from the Bahia Corinthian Yacht Club, the Newport Harbor Yacht Club and/or California International Sailing Association using his catamaran, moored on mooring B-123, as a place to tie up their support vessel platform for individuals to stand on and as a temporary berthing location for participants in sailboat training or races. To preclude further action by the Marine Division it will be necessary for you to instruct your employees and participants to refrain from conduct that would bring them in violation of the above quoted section of the Newport Beach Municipal Code. If you would like additional information or if I can be of any assistance, please contact me at 644-3044. Sincerely, Tony Melum Deputy Chief Marine Environmental Division INLEOWP Off Hj,)A .R U8 I I �J Y@AQ HITI C ,jVLUrt April 18, 1996 Tony Melem Nlarilne Department, City Hall P.O.Box 1768 Newport Beach, CA 92653-8915 Dear Tonv., This is to confirm our conversation regarding a program For our Wednesday Yachtsmen's Luncheon Group. Date Noon, Wednesday. May 22nd. Speaker Tony Melem, Head of Newport Beach Harbor Department. Subject Various Aspects on Managing the Harbor. You know our format., Tony. We meet about 11:30 to 11:45 to set uD any equipment ,you will use. Slide Projector or Video. iYe start serving, cafeteria style at noon. 12:00. Your Dart of the program will start at 1,00. We like to close the meeting at 1:30 but can take longer if you. want a bit more time. T - I know there has been some talk about the situation with the moorings. Old junkers left to rot. Short boats on moorings long enough for longer boats. The question of who does own a mooring. These questions have been a matter for discussion for as long as 1 can remember. i hope you will talk about Policy in regard to these matters. We appreciate the time you are giving us. Tony. i think it will not be time wasted. Thank you. for your consideration. Merton Butler., Chairman The Yachtsmen's Program. 1922 Omega Drive, Santa Ana, CA 92705 14 838 1306 FAx 7314 9816 720 West Bay Avenue, Balboa CA 92661 - Telephone (714) 673-7730 - FAX (714) 673-3972 Aug-19-98 10:44A Shell- Aker- Inc 714 5-9 5315 P.04 $TAN OF G WU—M MMOUKU AQ& Cf ACf3 %"LSCK Q"m CALIFORNIA COASTAL CONUTAIS ON 4 Ramew. am 'mom AN ALO OaW, CA anon ens 000 Arm no (4131 "$.no December 13, 1993 Zoe Applicants for shorelroat development 7AMS ccmemiseion staff aosNCT: Information needed before your application can be riled To ensure that applicants have the legal ability to go forward with projects an or in close proximity to sovereign (i.e., state tide and submerged) lands or navigable waters (i.o., appear to be within the area encompassed by the Co issions "red line'' saps), the Coastal Comission must have a written - determination from the state Lands cna®ission whether it asserts that a development either encroaches onto lands seaward of the !lean High Tide Line (1ili't'L) or onto lands where the public easement in navigable water may exist. zf such encroachments do oemm, evidence must also be provided that the state Lands Commission has approved such encroachments. The coastal commission has also became increasingly concerned about the effect an beaches of seawalls and other share and bluff protective devices. Because protective devices may. Cause erosion, and. may GGAV beach areas, public ease and access along than shoreline can be adversely affected. Preventing or a4tig4tinng much loss of access and recreational opportunities is a principal responsibility of the Coastal Cemsimaio4. The Commission is also concerned about shoreline issues such as impact of projects on adjacent properties, visual impacts of protective works, cad allowing protective devices only it adverse affects are eliminated or sufficiently mitigated. Thus, the Commission requires detailed technical information regarding the proposed projects liltely impact an the beaches.and tidelands. To assist the Commission staff in filing and processing an application for a development which is on or ie close proximity to tidelands or navigable waters, please provide the following informations par a project that falls within the area delineated in the Coesmiesion's 'redltne maps," an application cannot be filed until the sLC determines whether it asserts that the development encroaches onto sovereign lands. a determination will also be required from the S= whether it asserts that the development intrudes into an area covered by the public easement in navigable waters. It is the applicant's burden to establish that there is no encroachoont• The sLC charges a foe for asking this "The "red lime" corresponds to the "retained jurisdiction" line on post certification maps and an draft "post cart' maps available in the Cornaeission45 offices. Aug-19-98 10:41A Shellr—iker Inc 714 5a53 5315 P.03 Notice of Incomplete Application Coastal Development Permit # 5-98-305 Page 2 reviewed your project and the outcome of that review. Also, we note you have applied for a permit from the U. S. Army Corps of Engineers. Please provide a copy of any correspondence or preliminary review comments you may have received in return. Of particular note, with resg4cQ to contact with other agencies, is the required State Lands Commission determination. Since your project involves a seawall located on or near state tidelands or public trust lands, Section IV. Item 10 of the coastal development permit application requires you to supply a written determination from that agency. The attached memo describes this requirement more specifically. Please contact them at (916) 574-1800. /If aye �"' l,, e/� Finally, the attached memo describes a requirement that you submit information regarding project alternatives. Please provide this analysis, including a statement describing the reason for the chosen alternative. Please do not limit your submittal to the above mentioned items. The attached memo describes other materials which may be required to help Commission staff determine the completeness of your application. Also, you may submit any information which you feel may help Commission staff gain a clear understanding of the scope of your project. Upon receipt of the requested materials we will proceed with determining the completeness of your application. Thank you for your attention to these matters. We look forward to working with you. If you have any questions, please contact me at (552) 590-5071 . Sincerely, Karl Schwing Coastal Program ,analyst Attachments: (1) Memo "Applicants for Shorefront Development" cc: Shellmaker, Inc, File inc98305.doc Aug-19-98 10:44A 5hal l- -Aker• Inc 714 5,'9 5315 P_05 fa -2- determitmation, not to exceed its actual cost. Applicants should contact the State lands Co missiow o coastal bevelopmeat project Coordinator, 1307 13th Street, Sacramento, CA 95814, (916) 323-2694, for information On psocedures and Costs for obtaining boundary determinations. a 2. proiect xlan►s Plans for shoreli" projects must be prspared or certified by a registered professional engineer with expertise in shoreline processes. Normally, this means it civil engineer or engineering geologist, on occasion, this can be it structural engineer or soils engineer if he/she has experience Sty coastal engineering. The submitted plans for all projects should show the project rootprint iA relation to the applicant's property boundaries. The plans should also show the locations of all MMS identified through surveys and the location of any boundaries in the ImediaEte project vicinity to which the State Lands Comission has agreed. It the project extends onto an adjoining property, the applicant must show a isgal right to nee the adjoining property, and the adjoining owner ■ et be lavited to apply as a cc -applicant. �. •, _ 1 t _ W4-Y4W-Y4---j-TTwi4 In Ia Us Case of shoreline protective works, arpermatment surveyed benchmark should be shown on the plans and established an the site for tutu" p*ojset s►aintenance and MOftitorinq. This benehmwk should be in relation to the standard of SM (national Oeodetie Vertical Datum). a S&P showUM beach Contours at 1 foot intervals should also be provided. Construction access should be identified with any special considerations noted. A gectechnLcal report must be prepared by a registered professional onginesr or engineering geologist for all shoreline protective works. For small projects (for example, adding sow 580 cu. 7ds. of rock to an existinq rip -ray wall above the toe and the beach) a short Letter report way be accspt&bls. If a prior thorough investigation has been done, only an update may be necessary. For most shoreline projects, however, a Sall report that to prepared according to the standards set by the Division of mines nand geology, `see Note 044, Ouidelines for Preparinq angiasering osology Reports' COPY available upon request) will be required• Other information moodsd for protective works LaClnde the following: * masign wave height and design constraints, and mothodology used for such calculations -182- Aug-19-98 10:44A Shell ker Inc 714 5,'Z„ 5315 P_06 �3- • "Ximum expected wave height Trequency of overtopping and verification that the structure is designed to withstand storms comparable to this winter stcras of 1407-a3 * SOMal and xaKiatsM tidal ranges erosion rate with/Without protection device e Effbct of structure on adjoining property • potential for, and effect of, scouting at base • Design life of structure and maintenance requirements s Quantification of loom of sand Ao the beach because of the amount of the armoring of a bluff face Alternatives to the project and to the chosen design. project alternatives include, but are not limited tol no ]Project, relocation of the threatened structure, beach aourinhmont, etc. • lffsat of structure upon public &ccGA6 to and along adjacent public tidelands " Locations of any required staging areas And the technique of construction f a in some cases, provision of a monitoring program for the life of the projeot will be required. such a program should evaluate the efleetiveness of the structure, arA the sspected impacts of the stsuotuze an nearby beach areas (i.ee, ohmage in beach profile), and proposed methods for dealing with those impacts. Applicants should also be aware that due to the impacts of a protective device on beaches, the coemeissiota may require some type of mitigation if adverse iaspacts are expected. One typical typi of mitigation condition is a requirement for are offer to dedicate a lateral public access easement for that portion oir the beach scwaward of the a]Pproved protective device. But 'there may be other mitigation requirements such as contributions to programs that provide for nourishment of beaches. If you have any questions about the content of this informational MMO, or the Commission procedures,in general, please don't hesitate to contact your nearest Coastal Commission office. $04SA/vam -183- '7 Z' 0 /g, CITY OF NEWPORT BEACH SEW Pp�T T P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 qL/FOFt� January 26, 1993 Newport Harbor Yacht Club 720 West Bay Avenue Balboa, CA 92661 Sirs: In going through our files we.find that the permit application for which this check was issued was not followed through to completion. For that reason, we are returning your check. Tony Melum Tidelands Adminsitrator 3300 Newport Boulevard, Newport Beach VENDOR NO. VENDOR NAME 0017867 INVOICE DATE INVOICE NO. INVOICE AMOUNT DISCOUNT AMOUNT PAID COMMENTS 5/3/90 $756.00 City Permit DETACH AND RETAIN THIS STATEMENT. TOTALS $ 756 00 THE ATTACHED CHECK IS IN PAYMENT ne rreae ncenooen nonve . NEWPORT HARBOR YACHT CLUB 720 West Bay Avenue Balboa, n'017867ne 1:1220000431:072111«i054idI'm \;LWORT HAR13�O-DYACHT CLU BALBOA • CALIFORNIA 1991 Copyright © i99i, Newport Harbor Yacht Club All rights reserved. No part of this book may be reproduced in any form or by any electronic or mechanical means, including information storage and retrieval systems, without permission in writing from the publisher, except by a reviewer who may quote brief passages in a review. NEWPORT HARBOR YACHT CLUB 720 West Bay Avenue Balboa, California 92661 Telephone (71) 673-7730 Printed in the United States of America FOREWORD THE HARBOR AND THE CLUB For seventy-five years the history of the Newport Harbor Yacht Club, established in 1916, has been intertwined with the development of the city of Newport Beach and its world-renowned yachting and recreational harbor. Since 1919 the club's permanent home has been its historic -landmark building on the Newport -Balboa peninsula. Constructed in 1906 as a beach - front pavilion, the picturesque clubhouse has been remodeled and enlarged but never replaced. Dr. Albert Soiland, the Norwegian -born founder and first commodore of the yacht club, was a man with an inborn love of sailing and the sea. He first saw Lower Newport Bay in 1906, when it was still the marshy estuary of the Santa Ana River. Familiar with the great ports of America and Europe, he dreamed of a future Newport Harbor. Sharing Soiland's harbor vision were the founders of the new city of Newport Beach, incorporated in the summer of 1906 with a year-round population of 230 people. Old-timers among them looked back to the nineteenth century when, for two decades, Newport Landing on the inner shores of the bay had been used by lumber schooners as a shipping port. Because of shallow, shifting channels and the unprotected entrance at Corona del Mar, navigation was dangerous and uncertain. After repeated attempts to interest the federal government in harbor reclamation had failed, this pioneer enterprise was moved in 1889 from the bay to McFadden's ocean wharf where it flourished through the 189os. Formation of the Newport Harbor Yacht Club in 1916 strengthened local confidence at a time when plans were at last under way for the first harbor improvement projects financed by Newport Beach and Orange County. Within a few years the Santa Ana River was diverted from the Lower Bay, channels were dredged, and a short west jetty was constructed at the entrance. Newport Beach business and professional leaders took pride in the new yacht club. A number of them signed up as charter members. When the former pavilion had been freshly painted and renovated as the new clubhouse, it became a nucleus of social and civic life in the little peninsula community. Early Newport Bay reclamation projects were to prove disappointing. The task was too great and had barely begun. Money was scarce. County -wide support was lacking. Throughout the 1920s and 193 os, however, Newport Harbor Yacht Club members joined every movement for government - financed harbor development. By their example and enthusiasm, they and increasing numbers of other boat owners awakened public interest in water - related activities of all kinds. Yachting grew rapidly despite the limitations of the bay's treacherous entrance, its sandbars, and its tidal flats. Yacht club events and boat parades drew thousands of enthusiastic spectators from all over southern California. The long struggle for the creation of Newport Harbor ended with the final major jetty extension, dredging, and landfill projects completed by the United States Army Corps of Engineers in 1936. In May of that year, the Newport Harbor Yacht Club hosted the largest and most joyous celebration in the town's thirty-year history. This dedication of Newport Harbor, with its safe entrance and deep channels, was the turning point in the history of the city. A glorious new half -century began for the Newport Harbor Yacht Club. Steve Barnard, Allan Trane, Ned Jacoby, and their committees are to be congratulated and commended for this superbly illustrated volume that will preserve the record of a golden era in Newport Harbor and southern Califor- nia yachting history. January 4, 1991 X NEWPORT HARBOR YACHT CLUB ELLEN K. LEE An Opening Day Inspection in the 193os. At the 1930 at 12:oo NOON, an open house aboard the yachts from opening (the club's thirteenth birthday), the program z:oo until 4:00 P. M., and the banquet at 7:00 P. M. at which consisted of inspection of yachts at io:oo A.M., luncheon time the Inspection Trophy was presented. time. In the depression, $45 was a lot of money. About that time, if anybody would come along and offer to start paying dues, he was practically shanghaied into the club and became an associate member. Associate members couldn't vote or hold office. That associate -member thing kind of grew to be a problem because before long there weren't enough regular members to provide enough candidates for office. Around the end of the depression, about 1938 or 1939, the club finally started to per- suade these associate members to convert to regular membership for a fee of $25. Advertising for Members and Yachts To lure new members, the club joined forces with the Newport Harbor Chamber of Com- merce and advertised the club's facilities and the harbor's attractions. In the April 1935 edition of Pacific Skipper magazine, the club and chamber jointly ran a full -page display advertisement offering spe- cial new member rates. A photograph of the club was featured in the ad displaying the open- ing day pennants flying magnificently from the fleet's rigging. The ad offered special member- ship terms: For a period of time up until June 30, 1935, associate memberships will be issued ... without the usual initial fees ... by paying six months in advance. Since memberships in the NHYC are lim- ited and applications are now coming in fast, we suggest you act now ... Write to Leon S. Heseman, Riverside, California, for application blanks and moor- ing facilities. Of the club's facilities, the ad said: The club has a large dining salon, open the year 'round ... a large dormitory ... many attractive sleeping rooms ... library ... im- 6o NEWPORT HARBOR YACHT CLUB Seven Star class world champions gathered on the LAYC bard, Bill Inslee, Jim Cowie, Eddie Fink, Hook Beards - mole during the 194.1 Star World's Championship. Pic- lee, and George Fleitz in front. The Star World's Champi- tured (left to right) are Glenn Waterhouse, Walton Hub- onship was won that year by George Fleitz. mense ballroom ... large boat locker room ... sail loft . , . mooring and dock service under the supervision of Leonard G. Swales ... house manager, Mr. Neal ... house chef, John Banks. During this era the Newport Harbor Cham- ber of Commerce ran a variety of advertise- ments in the same magazine, to lure yacht owners and their wallets to Newport Beach with such attractions as: ® Pay no rent to the city for mooring space if you maintain a private mooring. ® You can keep your boat at your front door if you own a home at Newport Harbor. ® Year-round climate. Warmer ocean water. Every modern comfort and convenience. An hour from Los Angeles. ° Like numerous other Balboa home owners, Harry J. Bauer of Pasadena (club member) takes advantage of the oppor- tunity offered and keeps his I02400t, all - steel, topmast schooner Puritan at his front .door. The Log of the Newport Harbor Yacht Club There is no record of a club yearbook, roster, or other official publication from 1929 through 1937. The last existing issue of the club's Motor and Sail yearbook was published in late 1923. After that, there appear to have been no club publications until a new yearbook was pub- lished in 1937. The annual Commodore's Scrapbook and short-lived "Main Brace" newsletter were launched in i95o, and Hard On The Wind was first published in February 1953 Pacific Coast Yachting magazine ran a monthly THE DEPRESSION Y, E A R S: 1929-1941 61 • Welcome Yachtsmen To The NEWPORT HARBOR YACHT CLUB 35 Acres Yacht Mooring Space Available • For a period of time up until June 30, 1935, associate member- ships will be issued .... without the usual initiation fees .... by paying six months in advance! YE PIRATE DEN and Rumpus Room, now under construction, will be ready for use May 1st. Come down and see it! Since Memberships in the N. IL Y. C. are limited and applica- tions are now coming in fast, we suggest you act now .... Write to Leon S. Heseman, Riverside, Calif., for application blanks and mooring facilities. 500-Foot Deep Water Entrance to Harbor • The Club has: A large dining salon, open the year 'round ... a large dormitory .. - many attractive sleeping rooms ... library ... immense ballroom ... large boat locker room ... sail loft ... mooring and dock service under the supervision of Leonard G. Swales ... house manager, Mr. Neal ... house chef, John Banks. Printed Through the Courtesy of City Council, City of Newport Beach and Newport Harbor Chamber of Commerce. may,. Special membership rates were offered in the 1935 advertisement in Pacific Skipper magazine. The depression took its toll on the club membership. column entitled "The Log of the Newport Harbor Yacht Club." The column was written sometimes by the club's commodore and at other times anonymously. The Log column reported on social activities, events calendars, yacht races, and just about anything of interest going on in and around the clubhouse. Today's members speculated that the finan- cial hardships of the depression may have forced the club to forego the luxury of having its own publication. In addition to the Log column in Pacific Coast Yachting, club news appeared regularly in Jim Dickson's column in Pacific Skipper magazine, where Staff Commodore Claude Putnam was staff artist, and in other features and news col- umns in Sea Magazine and Pacific Motor Boat. Throughout the club's second era, news- papers covered every type of club event, with members and officers frequently contributing material to such newspapers as Redlands Pacts, Pasadena Star News, Balboa Times, Riverside En- terprise, Newport News, San Diego Sun, Los An- geles Herald, San Pedro News, Long Beach Sun, and Los Angeles Times. The Twenty -Two -Year Epoch of Leon Heseman During this era, because of the expense of holding office, a scarcity of eligible members, and resignations of regular members, the club's early officers served second terms and often filled other offices. For example, founder and first commodore Albert Soiland and 1923 com- modore Shirley Meserve both served second terms in 1932 and 1938, respectively. The member who served the club longer than any other officer was Leon Heseman. Heseman was elected club secretary -treasurer in 1918 and later became the commodore in 1930. Overall he served the club until 1939• He was an employee of the Southern Sierra Power Company (later Southern California Edison) of which Westy Wright's father, A.B. West, was president. Heseman lived with his mother and never married. Though he always kept his permanent residence in Riverside, he and his mother rented an apartment directly across the street from the club throughout the May to September season. 62 NEWPORT HARBOR YACHT CLUB PERM!'- NO. 7ZO DREDGING APPLICATION Project Location: 720 W. Bay Ave. Newport Beach cubic Yards to be Dredged: 500 Yards s Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Haul to sea and dump @-Latitude 33031142"N Longitude 117,154148" W.. Method of Material Disposition: Barge to sea. Turbidity Control Method:. Material" to be c-entained- -in Dump Barge at Dredge Site Effect of dredging on contiguous bulkheading and beaches NONE it Lisa E.^Miller , 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. NEWPORT HARBOR YACHT CLUB (Applicant -type name TQncTamhar 1 31 „1 QQ1 (Date) SHELLMAKER INC. (Contractor -type name) -- t Signed: Contractor's Representative 16- 72. 0 C/ r Y ate' Nemooer d rwcH v lot av coop f-P4'-fit. �s�r�• c,y 3; Syp` I Sd VICINITY SKETCH $V~Anr 04EWPOwr' dAY COA lronNf,w �trir C.Lt�fG / �✓ N cc__ $104fMdia9s orO oXpresstW O'n fief and 04"0010 �'jJ�j 41� S pp J dPPfAa below Meoh. Lowy Lew Wooer. Wo�r&W",W roO►9 a of fide o rrosi >rar iW OIWA Nav-bor /.'Ores are e v is k i sheof f;r '7lA;. s . eofie,n oleme w"Awl' sw r. N 1 ey •b poGKS piNvilY IO"s f�GlylilG�T� MAIN GJY'ST 'DA:x �h WORK V=4') ao Areas. c�•,q�GOAT' 1 � E ,S Q OCGK ``` •;� �� DCGK �M�si dR� • d V, ' c tA1NYAR0 CLU13 N005E -•._-- _ _ EAST SCAR D 61F7.ZEFS GW6 EMrAAKC�: :.� 6EAGN• ! OAY AVE /CAA.TS AIAAedr r u oG �Vi.d oT �G BGk. �AG`1r rr ,/ee Avoeess 7ze 4). &q ca"mAcroom REACH AO pit pEnMIT AND FER,misslom is MAINTAW THE ll�mHll'),�f",-"`�,l 'UN �4 rEOF, -,�K)ms GIF AT THE SUTE 7,-ACH AND THE NAR'4?Wl PERMIT ANY is NOT TH Z: THE C14-Y HA' ONLY RIGHTS GWEN, V41%L,--'�r.�,,, IS FER"N's." AND THIS r CODE. IN ACCOWDANCC v,,%qrllli '"TLIZ so II ------ 7- Z2 NERMIT ISSUED SUBJECT To DREDGE kiATERIAL WEING MAULED TO SEA PtACED ON B&,.CH 'C"i Er',ndm-iiml porp"Ta range colvay pirmit RONALO J. LEJMAN OAVIO H. LEE COLIN E. CUNNINGHAM 6 _ LEJMAN AND LEE INCORPORATED GECTECHNICAL ENGINEERS Mr. Rob. Dickson SHELLMAKER, INC 873-b West 15th Street Newport Beach, CA. 92663 our Project 91-16-08 SUBJECT: Grain Size Test Results for your Soil Sample Obtained from 720 West Bay Ave., Newport Beach, CA. - Newport Harbor Yacht Club Dear Mr. Dickson: Presented herewith are the results of a grain size analysis performed on the soil sample provided to us by your firm. The test procedure was in accordance with ASTM D422-63 and U.S. Army Corps of Engineers Report Number CETA 79-1 criteria. Please do not hesitate to call if you have any questions after you have reviewed the attached data. Q�pFESSIon Respectful1 submitted, 2� a NO. GE r10 -�� EXWRES i �Z David H. Lee Geotechnical Engineer *s CF�TECN���Pv�* One copy submitted OFCA Attachments: Plate 1 -- Grain Size Summary Plate 2 -- Cumulative Grain Size. Distribution 23011 Moulton Parkway • Suite 1-4 9 Laguna Hills 9 CA 92653 9 (714) 561-5730 0 Fax [714] 768-6146 Grain Size Summary % Material Cumulative Opening Size Sieve Retained Percent (mm) Phi Mesh by Weight Retained ------------ -----------. Gravel 4.00 --- -2 0 4 1.8 1.8 2.83 -1.5 7 0.3 2.1 2.00 .-1.0 10 0.2 2.3- 1.41 -0.5 14 0.4 2.7 1.00 0.0 18 0.9 3.6 0.71 0.5 25 2.1 5.7 0.50 1.0 35 11.1 16.8 Sand 0.35 1.5 45 22.0 38.8 0.25 2.0 60 24.3 63.1 0.177 2.5 80 12.4 75.5 0.125 3.0 120 7.8 83.3 0.088 3.5 170 4.0 87.3 0.074 3.75 200 0.5 87.8: ---------------------------------------------------------------- Silt-clay <0.074 <3.75 <200 1 12.2 100 -------------------------- 2.3% Gravel 85' 5% Sand 12.2% Silt -Clay Sample provided to Lejman and Lee, Inc. in a bulk bag by Shellmaker, Inca Sample consists of gray fine sand with some seashell fragments and was obtained from 720 West Bay Ave. , Newport Beach, CA. at a mudline elevation of -6' to -8' MLLW. LEJMAN AND LEE 7 N C O R P O R A T E O GEOTECNNICAL ENGINEERS Fo r. Shellmaker, Inca GRAIN SIZE SUMMARY August, 1991 PLATE 1 Project 91-16-08 �,,I�IIIIIIIII!! I IIIIIIIIIIIlilllil! Illlllllllililllll! a ii m mama LEJMAN AND LEE 1 N C O R P O R A T E O or: Shellrmaker, Inc. I CUMULATIVE GRAIN SIZE DISTRIBUTION PHI UNITS Project 91-16-08 August, 1991 PLATE 2 i:D D E U D �o VI D, .,yd 7 2 0 WEST S A Y AVENUE B A L B 0 A CALI FOR N I A 92661 TEL.(714) 673-7730 June 26, 1990 To Whom It May Concern, The Newport Harbor Yacht Club has filed an application with the City of Newport Beach to permit the reclamation of certain beach area and the construction thereon of a bulkhead. The purpose of this letter is to set forth for persons, with a need to know, the objectives and purposes for the proposed project. Due to changes in demographics of its membership, the Club finds itself with a shortage of needed facilities, primarily in two areas: 1. To support an expanded junior racing program which is now a year-round commitment, there is a growing need to provide for additional small boat storage, rest rooms and public facilities for assembly. 2. Dock areas for visiting yachts, primarily during major regattas. The present use of the beach area is limited primarily to summer months as a swimming area for small children. The ultimate utilization of the space is the subject of continuing planning and a survey of the membership is in process. Our direction will be clearer once the survey results are reviewed and prioritized. Generally, we will attempt to accomodate the majority preference consistent with a balance in space utilization and as dictated by our role as a club committed to the promotion of yachting on a national scale. Should you require any further information in this regard, please contact the undersigned. Your prompt consideration of this proposed project is appreciated. very truly yours, NEWPORT HARBOR YACHT CLUB Timothy C. ollins House Committee Chairman TCC/cad Los ANGELES OFFICE 35TH FLOOR 333 SOUTH HOPE STREET Los ANGELES, CALIFORNIA 90071 TELEPHONE: (213) 620-0300 TELECOPIER: (213) 625-1930 May 18, 1989 LAW OFFICES OF MESERVE, MUMPER 8 HUGHES 18500 VON KARMAN AVENUE SUITE 600 IRVINE, CALIFORNIA 92715 POST OFFICE BOX 19591 IRVINE, CALIFORNIA 92713 TELEPHONE (714) 474-8995 TELECOPIER (714) 975-1065 Tony Melum Tidelands Administrator City of Newport Beach P. O. Box 1768 Newport Beach, CA 92658-8915 Dear Mr. Melum: EDWIN A. MESERVE (1863-1955) SHIRLEY E. MESERVE (1889-1959 ) HEWLINGS MUMPER (1889-1968) CLIFFORD E. HUGHES (1894-1981) Thank you very much for your letter of June 29th of last year, a copy of which is enclosed. The purpose of this letter is to advise you that I have been contacted by the Management of Newport Harbor Yacht Club and they indicate they are interested in going ahead with the project to extend the bulkhead at their property. If I receive further information about this matter, I will pass it on to you. However, as before, I would appreciate receiving notification of any pending application in this matter.. Thank you for your valuable assistance. Sincerely, 4� 4d //Zz� J. Robert Meserve JRM:bp Enclosure SEW PART %�% /7. t,. �• G i CITY OF NEWPORT BEACH r) v = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 June 29, 1988 J. Robert Meserve 5190 Campus Drive PO Box 7820 Newport Beach,CA 92658-7820 Re: Newport Harbor Yacht Club, 720 West Bay Avenue Dear Mr. Meserve: In response to your letter of June 23, 1988, let me state that at this point we have not received application by the Newport Barbor Yacht Club to extend the bulkhead currently. at their property at the above address. In the event that we do receive such an application in the future, we have placed your letter in the permit file and will notify you of any pending application. If you have questions regarding the above, contact me at 644-3044. ' Sincerely, 1 '0"-K �0m' Tony, I: Tidelands Administrator 3300 Newport Boulevard, Newport Beach SEW POST U Cq(`FORN`p March 22, 1989 CITY OF NEWPOR.T BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Newport Harbor Yacht Club 720 West Bay Avenue Balboa, CA 92661 Re: Harbor Permit 116-729 for the docks bayward of the Newport Harbor Yacht Club Dear Sirs: The City of Newport Beach has. received a complaint regarding a plumbing pipe or a piece of reinforcing rod protruding out of the water on the west side of your docks, adjacent to the City street end. The complaint suggests that this pipe or metal rod presents a liability and safety problem, as well as being a hazard to navigation. As the harbor permittee it is incumbent on you to maintain the area delineated by your harbor permit. Therefore, it is your responsibility to remove this obstruction in your permit zone. If you have questions regarding the specific location, please contact Wes Armand with the City of Newport Beach Marine Department. He can be reached at 673-1761. Sincerely, Tony M,olum Tidelands Administrator 3300 Newport Boulevard, Newport Beach �y �V&D ASSOC F� 2 n dba. Marine Consulting & Design 2400 WEST COAST HIGHWAY, SUITE F, NEWPORT BEACH, CA 92663 . USA o PHONE (714)-642-2206 December 17, 1985. City of Newport Beach Marine Department 3300 Newport Boulevard Newport Beach, California 92663 Attention: Tony Melun Gentlemen: Subject: Reconstruction of Guest Dock Newport Harbor Yacht Club Reconstruction of the Guest Dock at Newport Harbor Yacht Club shall conform to the applicable portions of City of Newport Beach "Design Criteria for Public Works Construction," Chapter VI' Harbor. Reconstruction will consist basically of 4 x 6 stringers, 2 x 12 facias, 3 x 4 cribbing, and 2 x 6 deck. Additional floatation will be added for a total of 85% and a freeboard of 1.7. If you have any questions, please contact me. Sincerely, R. S. Hornby T— z ^ TANK T ) Yh 4 Isola ll�if It SEA, / 4i 2� aC /� S 41 "ft � , Ecf N % EgSF 3cp 7 21 \� `� JJ a T 6 �i7' �� �t •,',rr�I, rlr�rl.l.lr�,,`���� OS `.. 4a / rlrnr}nnt.Jr� `. 44 1 r \ \j HU INGTON BICH ��, 1 ��•� 1'10 NI //�, .AIM�RN 1 1 _CG50• 9; 24 } /41 fT Cl ° 13 ' T �, ,� P,.. Tt+�,°.e• tr ° 101 \ 9 71 6} v L11 6 °96, \\ o� ��s \ S 4; 2i h 15 gi} �o g O R T► ; le 16 IS \ �~. �� . f• S } 6i ` • aul�oiNa , x«...r� n.iw�J 14• p. tfs �y, °•9} \,.3} lio.v p SEE PA 17 ° e - �PpRTi; 15 \ F,%A H....J 1►r' X S 4} �h \ 14 14 \ 1 y I \ 9 7 ! 4� 19 w-Nu I6 0° / 8 Fr.. ..•a 15 13 23 12.7 17 ic- mi Tg1.,3TL.• I6 15 �� �� °.✓ .. 8 S 8 . 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LAYMAN I CORPORATE PLAZA NEWPORT BEACH, CALIFORNIA 92660 November 9, 1982 Mr. Tony Melum Marine Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Dear Mr. Melum: This will confirm my wife's conversation with you on November 8, 1982. We plantoraft approximately 6-10 Cal 2-46s at the West Lido Turning Basin at 1400 on November 14, 1982 for photographs to be used in the 6 Metre World Cup scheduled for Newport Beach in April, 1983. If you have any questions, please call me. Very u4La , Wi WDL/vc cc: Bill Crispin 1N E P OAR T mmmi iC 7 2 0 WEST BAY A V E N U E B A L B 0 A C A L I F O R N I A 92661 TEL. (714) 673-7730 April 26, 1982 Mr. Tony Melum_ City of Newport Beach Lifeguard Station City Hall - Marine Di'vi ston Newport Beach, CA 92663 Dear Mr. Melum, Newport Harbor Yacht Club wi-1 1 have i'ts Opening Day on May 2nd and we will be rafting boats approximately 60 feet off our outer docks from 8:00 a.m. to 5:0.0 p.m. We have informed Lt. Harry Gage, Harbor Master, of our plans for Opening Day. We extend a cordial invitation to you to -join us for th.e festivities. Sincerely yours, James L. Seely Dockmaster JLS:jmh. PERMIT NO. r� DREDGING APPLICATION Project Location: 720 West Bay Ave. Cubic Yards to be Dredged: 194 Method of Dredging • Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Place material on adjacent beach Method of Material Disposition:. Pump through discharge pipe to disposal fill area. Turbidity Control Method: Filter screen around discharge site. Effect of dredging on contiguous bulkheading and beaches Will restore depleted beach I, Wm. L. Harris , 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. New 'ort Harbor Yacht Club (Applicant -type name: 4/23/82 (Date) Shellmaker. Inc. (Contractor -type name) Signed: Contractor s Representative i N E�WrP unR��T HA R =B YA C HST C LUB- 7 2 0 WEST BAY AVENUE B A L B 0 A C A L I F O R N I A 92661 TEL. (714) 673-7730 August 5, 1980 Tony, Enclosed you will find a copy of the permit granted by the U.S. Coast Guard. I left a message with your secretary today that the seven buoys will be installed Thursday and Friday, August 7 & 8, 1980. Expecting the City of Newport Beach's final permit soon. Sincerely, 414� -1//i/L1 Rick. Kern Racing Administrator RK: jmh Enclosure r- _1 t VV . JAY :�ZINE AUO 31980 P P';ONE'RT BEACH, �ti i 1 w Yp 0 O N_ > o -1 VIC) > , m i td U 10 (7 n Or Oj a n (- C ro- i C tF C Q, w {n a CD m w � (C O (� W CL L L ^ cn I W V J N a r J E q 0 y +� v1 j CO > 'o p C d omQ o U b 0 N F�J V� w •r- 0) O C O_ •O N N O aaZ O�Z IL LL T W j r- C i C! fa N U (7 F_ O10 E y F a0 O f U� d - r i Faa Ln LL p O U \T 4 I-. m O� ~ O O - N a F- UtAW w _ WO '. - N W JOB. I m ZOro mua j C w w t3 o D a0-_. i -J LC Qoz0 a w � 4444 ! w i N a m e U 0 U O (Ywn J>V • o y m in:EwW 0aJO m . G] ?. 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( # s,. ~ ,., r 1 V1 � �': > Z uj W TTV Z,. w- O i <c r Z , ,� ,p{�'i: 1:0 it s � � ra � , �:.,.>M tj=_r oa O eZ oI u O.T. 4-- In -( { G tj 'i ��T .eI•" "'! +.f df' T"� f7'=� T`;j�. 1 1 Q (] a O - :d LT Lii Cr Z W C1 m" o o} .T. �. r b ..y�c �F� , n r U-, r _ oU. �.r. y LLTpad• �`�: T. f �f J Z z��� U .a iil Wa m Z JI y 1_" ~ U cr ,i rn:? ; sa �) 1 = (r Jr ZO.r. r:;:r aCw7 a�i a� > , . uFi m w w m m O Ln zI'D i0N a 0O 3 u`ni JWO ia°' M J,� w �C/ 0 1 > F p O_ V N Spa O zU� C sw- Q.T y¢v a Qa a z O 07m JZO a O ro � N m O J WO:v;U O m m LL CMF-pU Z M a LL DEPARTMENT OF TRANSPORTATION MAILING ADDRESS: UNITED STATES COAST GUARD COMMANDER(oan) T� ELEVENTH COAST GUARD DISTRICT UNION BANK BLDG. 400 OCEANGATE LONG BEACH, CA. 90822 16518/PF Ser: oan/293-80 31 July 1980 ID Mr. Rick Kern Newport Harbor Yacht Club`+s-' 720 West Bay Avenue , Balboa, CA 92661ii�J Dear Mr. Kern: Enclosed you will find an approved copy of your Private Aids to Navigation Application (CG-2554) to establish your race course buoys. Please notify this office two weeks prior to establishing the aids so that pertinent Notice to Mariners may be issued. If you have any further questions, you may consult Title 33 Code of Federal Regulations Sections 62 and 66, or contact the Private Aids Section of the Aids to Navigation Branch at (213) 590-2222. Encl: (1) CG-2554 dtd 31 July 1980 Copy to: CGC WALNUT Sincerely, M. J. DANKO Lieutenant Commander, U.S. Coast Guard Chief, Aids to Navigation Branch By direction of the District Commander A\' 0 � --- CD-N 4-5 > 4- _ o N a r O o N WQ z% m (l 00 u _ _ _. -,-- ... ._ O Ln Q R fs' 0 �_.._N _ r- f0 W U4 mU fm. - - N �C}Z Ix N 1 LL v- d •r, fC p Q IS-� to 7 __ _- _ _------._..' O N Oto Jui �_ =JILU1t'Z uN Wp,. SZ _ .-_ _-- _N-. 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X _j UJLUWiIUL iWLUWWLj7 X WXUW►-ALL.=7 a Wti,W 1 . - 1 M [ Mtf.9RflSO•[S.�AIPfi.+a l�B*I-f3JMa^cocoa CM%0f►0'& CO Al-m 1 ol tit MMM1+11�lM�1�i7elQ'f3c`P+nlelF[e�¢iF�t,Ri.t7RC"G�.Kt=tr <Is 1 ►- I Ja7G 1 c c C�Goc�4�c�Cae�C�G�oGOG�aG�oGcaGvccsGoc f-G I a 10 / I t t I C !• .I k 1 E E! i< !/ sell! f III I 1s Sao rx C 1 .0 P.-00 a• 40 a,C?GCCrCC�CRC?CC?COC 00C)GGOGOG GCCC7C f-C� l U3 / az ! F- f- aa� mot�waoaaecasoa acedecea aaasccaoaoaccaaaweoab v� r - f DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711/ LOS ANGELES, CALIFORNIA 90053 SPLCO-N 18 July 1980 -Newport Harbor ,Yacht Club 720 West _Bay Avenue Balboa, California 92661 Gentlemen: — Reference is made to your request of'3 January 1980_(80=121). Upon the recom- mendation of the Chief of Engineers.and under the provisions of Section 10 of the River and Harbor Act of March 3, 1899`(33 U.S.C. 403), you are hereby authorized by the Secretary of the Army to install seven (7) spar buoysinthe Pacific Ocean, offshore from Newport Beach, Orange County, California, as shown on the attached.drawings and subject to the .attached conditions (a) through (v) . You must contact the U.S. Coast Guard, Aids to Navigation Branch (213) 590-2222, at least two (2) weeks prior to any construction. That if any findings of potential archeological, scientific, prehistoric or historic significance occur during construction, work shall be immediately suspended and the District Engineer shall be notified. After an evaluation of the significance of the findings, this permit may be modified, suspended or revoked in whole or in part, in accordance with General Condition (j)-or (k). Notice of the commencement of the activity must reach this office at -least 51 days before the activity actually starts. Please use the inclosed card.' BY AUTHORITY OF THE SECRETARY OF THE ARMY: 1 Inc 1 GWYN EAGUE Work Status Post Card (dupe) COL, CE District Engineer �ITI �(G� ®t STAT7 Of CAVIKONIA CAL HUIk-1IA CO, TAL COMMISSION SOUTH COAST REGIONAL COMMISSION 666 E. OCEAN {OULEYARD. SUITE 7107 IN O box 1430 LONG {EACH, CALIFORNIA "*01 COASTAL DEVELOPMENT PERMIT (217) 5905071 (714) &6.0648 Permit Type: % R Administrative Application Number EDMUND G ti / Standard /_] Emergency 7 �x 1 Name of Applicant: Newport Harbor Yacht Club 720 W. Bay Avenue, Balboa, CA 92661 Development Location: On the Pacific Ocean, lying between the Newport Pier and the Santa Ana River, between 2 and 22 miles offshore. Development Description: Installation of 7 spar bouys between Newport Pier and theh.Santa Ana River, between Z and 22 miles offshore. To be used for boating and recreation. Has State Lands approval. I. Whereas, at a public hearing, held on June 30, 1980,,_� at Huntington Beach by a vote of unanimousxm the Commission hereby rants, subject to condition/s, a permit for the proposed development on the that, as conditioned, the development is in conformity with the provisions of Chapter 3 of the Coastal Act, will not prejudice the ability of the local government having jurisdic- tion over the area to prepare a Local Coastal program conforming to the provisions of Chapter 3 of the Coastal Act of 1976 is located between the sea and the public road nearest the sea and is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, and will not have any significant adverse -impacts on the environment within the meaning of the California Environmental Quality Act. II. Conditions: None. 'J. Condition/s Met On By v gP PIER�E III. This permit may not be assigned to another person except as provi ed in Section 13170 of the Coastal Commission Rules and Regulations. IV. This permit shall not become effective until a COPY of this permit has been returned to the Regional Commission, upon w ich copy all permittees or agent/s authorized in the permit application have acknowledged that they have received a copy of the permit and have accepted its contents. V. Work authorized by this permit must commence within two years from the date of the Regional Commission vote upon the application.Any extension of time of said commencement date must be applied for prior to expiration of the permit. VI. Issued on behalf of the South Coast Regional Commission on July 1 198 0, M. J. Carpenter Executive Director I, permittee/agent, hereby acknowledge receipt of Permit Number A-80-6966 and have accepted its contents. (Date) (Signature) OFFICERS WILBUR D. LAYMAN COMMODORE TYLER MACDONALD VICE COMMODORE � I ti 1 I `�� I MORGAN L. MORGAN M.D. E� �11r 41 O.I � 1 IHA R B/�Q1R�,; YA\C/,HST.., REAR COMMODORE - _ V �.�... _.,... ? ul RICHARD C. ELLIOTT 7 2 0 WEST BAY A V E N U E SECRETARY n O PHILIP S. RAMSER C A L I F O R N I A TREASURER 9 2 6 6 1 JOHN D. RIDDELL TEL. (714) 673-7730' FLEET CAPTAIN LYMAN G. FARWELL May 1 , 1980 PORT CAPTAIN. THE HON. J.E.T. RUTTER JUDGE ADVOCATE WALLACE A. GERRIE, M.D. FLEET SURGEON THOMAS P. WILDER MEASURER Mr. Tony Melum City of Newport Beach Lifeguard Station Newport Beach, CA Dear Mr. Melum: This will confirm our telephone conversation today regarding Newport Harbor Yacht Club's Opening Day on May 4, 1980 when we will be rafting boats approximately 60 feet off the outer dock from 8:00 a.m. to 5:00 p.m. DIRECTORS WILBUR D. LAYMAN TYLER MACDONALD MORGAN L. MORGAN, M.D. L. GRANT BALDWIN, JR. HOWARD A. CUNNINGHAM RICHARD C. ELLIOTT GRAHAM M. JONES PHILIP S. RAMSER JOHN D. RIDDELL MANAGEMENT GERALD M. HORGEN, C.C.M. GENERAL MANAGER I have contacted the Duty Officer, Newport Harbor Patrol Head- quarters, Bayside Drive, Newport. They have informed me that there is no problem.. Sincerely, Lyman G. Farwell, Port Captain LGF:jmh P®11 OR , CITY OF NE' PORT BEACH a " March 25, 1980 Mr. Rick Kern Racing Administrator Newport Harbor Yacht Club 720 West Bay Avenue Balboa, CA 92661. Dear Mr. Kern: The Newport Beach City Council, at its regular meeting.on March 24, 1980, approved the application of the Newport Harbor Yacht Club to install five (5) racing spar buoys within the City limits of Newport Beach (see attached staff report). Once you have received approval of the Army Corps of Engineers and the U. S. Coast Guard, the City will issue its permit. If I can be of further assistance, please call. Sincerely, Tony Mel dm Tidelands Administrator TM • mw Attachment City Mall • 3300 Newport Boulevard, Newport Beach, California 02663 CITY OF NEWPORT BEACH MARINE DEPARTMENT - March 24, 1980 TO: MAYOR AND CITY COUNCIL ITEM NO.: G-1 FROM: Marine Department SUBJECT: HARBOR`- PERMIT APPLICATION BY THE NEWPORT HARBOR YACHT CLUB TO INSTALL(5) RACING SPAR BOUYS OFF NEWPORT BEACH Recommendation: If desired, approve the application subject to: 1. Approval of the Army 'Corps of Engineers 2. Approval of the-U.S. Coast Guard Discussion: The prior approval of the City Council Is required on this application as outlined in Section.5-B of the Newport Beach Harbor Permit Policies which states: "Prior approval of the City Council well berequiredbefore the Marine Department may issue any permit that does not conform to the standard harbor�drawings and the adopted Harbor Permit.Policies" - The applicant wishes to installa total of seven`(7) spar.bouys in conjunc ti on with the -:existing. twomile bell : bony to form -an Olympic Ci rc.l e for sail boat racing. (See attached letter from the Newport Harbor,Yacht Club) The diameter of the completed Olympic Circle will be two miles.. There wil l be approximately one half mile between each bouy. The nearest bouy to the City beaches, bony X, will be approximately one half mile off the Santa Ana River jetty and the furthest, bout' R, approximately two and one half miles off, The bouys themselves, will be constructed of aluminum and fiberglass. They will be painted orange and white and will be approximately ten feet above the water level. (See attached bouy.diagram) Five of the seven bouys are within the City limits of Newport Beach (bouys X, Y, Z, R,-and T -.see attached map).: The applicant wishes to install them in this particular location to take advantage of stronger winds in. this section of the City and also,the water depths are such that this type installation is more )feasi bl e. STATUS SHEET HARBOR PERMITS LOCATION 7-,.07%' New PERMIT N0. /, Revision APPLICANT NAME ��,°;a'� �r°..'";`6.. Dredging CONTRACTOR r Date Rec'vl"" �` Fee Amt. Fee Processed Date Reviewed by Marine Dept. Approved Denied rU Correction Required - Description City Council- Approved Denied Remarks BATE MATERIAL SENT/APPROVED C.O.E. SCRZCC SARWQCB J.H.C. OR CT-Y. T.I.C. 1• Application ;°� , 2. Consent Ltr. 3. "Waste" Ltr. 4. Drawings 5. Staff Report 7. 8.47 REMARKS r % % �.;.r DATE FINAL INSPECTION «. r S N�EL�'OLsT, AR 7Jd �,A CSTQ;to, autot 7 2 0 WEST S A Y AVENUE 8 A L 8 0 A C A L I F O R N I A 92661 TEL. (714) 673-7730 February 28, 1980 Tony Melume Marine Safety Department 70 Newport Pier Newport Beach, Ca. 92660 Dear Mr. Melume, At the request of the U.S. Army Corps of Engineers, Los Angeles branch, this is a request for permit approval for the proposed Olympic Circle of spar buoys. Enclosed you will find a local NOAA map, which shows the placement of each of the spar buoys, and a sheet of paper which has information as to the exact location of each of the buoys as well as a schematic diagram of the buoy with ground gear. The Newport Harbor Yacht Club assumes all responsibilities involved in the initial cost of installation as well as yearly maintenance fees. NHYC is in the process of hiring John Peterson -the John Peterson Co., Santa Monica Pier, Santa Monica, Ca. 90401- as the manufacturer and installer of the buoys. The seven buoys arranged in a circle with a 2 mile diameter will be used for sailboat racing. Each mark is composed of a fiberglass/ aluminum shell filled with foam and is attached to the floor of the Pacific Ocean by 500�_pound concrete blocks, 3/4 inch chain, and 1 inch line. These spar buoys will be used by members of the Newport Harbor Yacht Club and all members of participating Orange Coast Yacht Clubs. In referring to the map, the State Lands Commission has asked NHYC to apply for permits for 2 of the buoys- 'IV" and "W." The State Lands Commission claims that the other 5 buoys "R,T,X,Y,Z" are under the jurisdiction of the City of Newport Beach. As you can see, the closest any of the buoys comes to the shoreline is 1/2 mile. If you have any questions or requests please contact me at NHYC Monday, Tuesday 673-7739, Wednesday through Friday 673-7730. Sincerely, Rick Kern -Racing Administrator Resources Building EDMUND G. BROWN JR. Air Resources Board 1416 Ninth Street GOVERNOR OF California Coastal Commission California Conservation Corps 95814 CALIFORNIA� Colorado River Board Energy Resources Conservation rI and Development -Commission (916) 445-5656 �` �✓ �, � Regional Water Quality Control Boards De_:ertment of Conservation '�i `' San Francisco Bay Conservation Decartment of Fish and Game and Development Commission pecartment of Forestry Solid Waste Management Board State Coastal Conservancy Dec=rtment of Boating and Waterways State Lands Commission De rtmentof Parks and Recreation THE RESOURCES AGENCY OF CALIFORNIA State Reclamation Board Determent of Water Resources State Water Resources Control SACRAMENTO, CALIFORNIA Board Colonel Gwynn A. Teague District Engineer U.S. Army Corps of Engineers 19�G FEB G Post Office Box 2711 Los Angeles, CA 90053 State Review and Comment Public Notice 80-121 (Newport Harbor Yacht Club) Proposed placement of buoys, Newport Beach, Orange County. Dear Colonel Teague: The State agencies listed below have reviewed the subject public notice and provided the comments used in writing this response. The Resources Agency concurs in these findings. The State will not object to issuance of a Corps permit for this. project. The State Lands Commission, however, has informed the applicant that a permit will be required for the use of the State- owned lands over which the improvements would extend. Sincerely, ,NAMES W. B 1 S ll _ Assistant Secretary for Resources cc: Department of Boating and Waterways' State Lands Commission Department of Parks and Recreation Coastal Commission State Water Resources Control Board Nat'l Marine Fisheries Department of Fish and Game Fish & Wildlife Service Wildlife Conservation Board Applicant— Rick Kern/ Department of Water Resources Newport Harbor Y.C.. -� 7 Z 0 WC5 i Y AiY AVENU C L ° i.5 ttrr A gg n qq is A L 1 f 0 R N I A+ 17YU rt"'6 . 9C4. F71�u) dFT �•7 T3G" 1 ' i December 14, 1979 sTr,% R s1.-� 0y3 INHYC OLYMPIC CIRCLE MARK LOCATION 117jY/ -' 33" 35' 12" - V4 1170 58' 6 6F@VV•(6+F1 - V1330 35' 42" - N 117" 58 ° 51 " 1"V" _ ° 33" 36' 27" _ N 1170 59' 0011 6'V�" - VJ330 37' Tt - W 117° 58' 24" "X" -'VJ 3 3 " 37' 12'" 117° 57' ,30" "Y's - W330 36' 45" - N 1170 56' 4511 330 361 00" - N 1170 56' 36" �v UY FIERCE CITY OF NEWPO"RT BEACH 1 HARBOR APPLIC . ATION NO. ro • N ,• E Nt.rroar 'P/' '' p R TQ sQA�. BwL80A • T9h V I C I ill I T Y S K E T C H wrsr 'Err,, Cw�r Jc/rr NawpoRr BAY CAL WORNIA �,1 p / APHLC Sound/n9/., reef and d�nofe dep!hs below ylCar7 Lor✓er Zow Wofer. Mox/.hci�n ron9C of f/'dc 4pprvx/r70lle/y /O /tee florbor /1ioe5 Ore esiob/r'5he71hr•5 5eCII01? oFMewporf Bor _.1 l • ;4oP�lcaivrS il/.ala�e' ,� aaapE3s f _ ., _.......... _ ,.-...._ �,.r�, ; �.• t!4 �r,/Fr'f r' / .� .../� (71 ... �'T h'� :' - '"••}'Nip /V l l i' l.J_,rC, / •.% e Aft. U S _... c,1 z or� �+ - _.......... 1 2 tr,r' v %. t March 26, 1973 ITEM NO.: H-10 TO: MAYOR AND CITY COUNCIL FROM; Marine Safety Department SUBJECT: HARBOR PERMIT APPLICATION #116-720 (Revision) APPLICATION TO: Revise the current harbor permit to allows a) Replacing an existing 6' x 105' finger float with a 14' x 105' finger float. b) Relocating (1) 4' x 45' finger float. APPLICANT: Newport Harbor Yacht Club 720 West Bay Avenue, Newport Beach RECOMMENDATION If desired, approve harbor permit application #116-720.(revision), subject to the approval of the U. S. Army Corps of Engineers. DISCUSSION: 1. Prior approval of the City Council is required on this application because: A) The location is in waters bayward of a R-4 zoned area. b) There are more than one slip and float structures bayward of a single upland parcel. 2. Application to the U. S. Army Corps of Engineers will be made if the proposed permit receives the approval of the City Council. 3. The proposed finger float revision for the 14' x 105' finger float will facilitate relocating sabot racks from the overcrowded boat storage yard to this location. PAGE TWO The proposed 4' x 45' finger float relocation is designed to convert an existing side -tie to a slip. 4. The proposed revisions are minor with reference to the overall complex and are in consonance with Council's Harbor Permit Policies. D. Harshbarger, Captain Marine Safety Department DH:1f Attachment APPLICATION TO: Revise the current harbor permit to allow: a) Replacing an existing 6' x 105' finger float with a 14' x 105' finger float. b)Relocating (1) 4' x 45' finger float. APPLICANT: Newport Harbor Yacht Club 720 West Bay Avenue, Newport Beach RECOMMENDATION If desired, approve harbor permit application #116-720 (revision), subject to the approval of the U. S. Army Corps of Engineers. DISCUSSION: 1. Prior approval of the City.Council is required on this application because d) The location is in waters bayward of a R-4 zoned area. b) There are more than one slip and float structures bayward of a single upland parcel. 2. Application to the U. S. Army Corps of Engineers will be made if the proposed permit receives the approval of the City Council. 3. The proposed finger float revision for the 14' x 105' finger float will facilitate relocating sabot racks from the overcrowded boat storage yard to this location. PAGE TWO The proposed 4' x 45' finger float relocation is designed to convert an existing side -tie to a'slip. 4. The proposed revisions are minor with reference to the overall complex and are in consonance with Council's Harbor Permit Policies. D. Harshbarger, Captain Marine Safety Department DH:lf Attachment MARINE DEPARTMENT February 12, 1979 ITEM NO.: H-12 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION NUMBERS 116-720 AND 112-.506` Recommendation If desired, approve the maintenance dredging applications. Discussion The application requires City Council approvalunder the conditions of approval placed on the City of.Newport Beach general permit for maintenance dredging issued by the U. S. Army Corps of Engineers, on February 12, 1974, and subsequently amended on May 10, 1977 to allow beach restoration. The locations and applicants for the proposed dredging and beach restorations are: 116-720 Newport Harbor Yacht Club, 720 West Bay Ave. 112-506 T.H.D. Company, 506 East Bay Ave. The staff has reviewed the projects and has determined that the work will be done within the parameters of the Corps of Engineers permit. The dredging contractor will place a filter screen around the discharge site to control turbidity. There is no known eel grass in the vicinity of the projects. At 720 West Bay Avenue, the dredged material will be placed on adjacent beaches. This will aide in the restoration of beaches bayward of private residences. At 506 East Bay Avenue, the dredged material will be hauled to sea and dumped. D. HARSHBARGER, DIRECTOR MARINE/DEPARTMENT Tony Mel m Harbor Inspector TM:l1 CITY OF NE PORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 640-2156 .January 31, 1979, .Santa Ana Regional Water Quality Control Board 6833 Indiana, Suite 1 Riverside, CA 92506 Gentlemen: The enclosed permit drawing application(s) is being sent for your information in accordance with conditions of approval under the U.S. Army Corps of Engineers "blanket" permit for maintenance dredging.` This "blanket" permit was issued to the City of Newport Beach on February 12, 1974, and subsequently amended on May 10, 1977 to allow beach restoration. As required by this permit, the Marine Department has inspected the dredging site and found no eel grass within or near the project. The City Council of Newport Beach will hear the application at its February 12, 1979 meeting. If you have any questions regarding this application, please contact the City of Newport Beach Marine Department at (714) 640-2156. Sincerely, D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT Glen E. Welden Tidelands Administrator GEW:11 PERMIT NO. 11 DREDGING APPLICATION Project Locations 720 West Bay Avenue Cubic Yards to be Dredged 200 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Place material on adjacent beach Method of Material Disposition: Pump through discharge pipe to disposal fill area. Turbidity Control Method: Filter screen around discharge site. Effect of dredging on contiguous bulkheading and beaches Will restore eroded beach I Wm. L. Harris , 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. Newport Harbor Yacht Club Shellmaker, Inc. (Applicant -type name Contractor -type name) 1/16/79 Signed: Z4 (Date) on ractor s Representative Cl T fl/FW,00,er 664C,1-1 c 7o.���Coch /q �!)' V � Vi � O� "4c V 1 C J M I T Y SKETCH 206 �/ N6wpoar 8AY CAL woRWIA s, Ilsry 5SOUhding5 or@ A ei and d®no/Q dePdhs be%w -Icor! Loser Low Woflr. Mor/o,.cis! range or h'odc gpprvximoilm/y /D "CQf HQrbor �.i7C5 are esiob//'shod ,.o h:s secf�on a�N�wParf As in n R ��5 17GoSa '� -aJ n- LI 17 �� oozes ° 2d 0A-- HIM SOR ta Honey GROwn To ed""MUCT AW PACH"T, T Ionic A A v at is AT1. ',- i':��,�-"':",,,�,'��,'-'-� THE MWADOR PIMA 1 P" �� To 1"; TWOn A N ANY 0MCM VWFV�W; 1 TOP �,lllfz Ild . . . . ............ . . . . . . . . . . . . . -5'� . . . . . . . . . . . . . . . . . . P. R WO 1 T 110. SPECIAL amm"inoms.: corps of E!"IZ.-pinzo-Ors P'aam.�. 5 orange county Permit Other; (o ,- —17, - 7 PERMIT No. 116-720 DREDGING COMPLETION CERTIFICATION I hereby certify that 67 cubic yards of material were dredged adjacent to 720 West Bay Avenue (address) and that the material was disposed of at sea, Latitude 33°31'42"N, .Longitude 117°54'48"W location and/or description • Harbor Yacht Club Shellmaker, Inc. App icant-type name Contractor -type name January 23, 1975 Signed:( (Date) Contractor's Representative fi Vikkal ilL i i'' L V Aii.a Ci6Ai.1I i e�ied�i�ud �A-NI TIA A N A RE 10" 6833 INDIANA AVENUE, SUITE I RIVERSIDE, CALIFORNIA 92506 PHONEi (714) 6"9330 June 3, 1974 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Attention: Glen E. Welden Marine Affairs Aid Subject: Maintenance Dredging Applications (1) 824 W. Bay Avenue (2) 1124 W. Bay Avenue (3) 720 West Bay Avenue (4) 3333 West Coast Highway (5) 710 South Bay Front, Balboa Island We have reviewed the subject applications. Since disposal of all dredged spoil will be to the approved ocean site, we grant approval of these operations. If there is any question regarding this matter, please contact this office. Stephen D. Herrera Staff Engineer SDH:sam If desired, approve the Maintenance Dredging Harbor Permit Applications. Discussion These applications require -City Council approval under the conditions of approval of the City of Newport Beach "blanket" permit_ for main- .tenance dredging issued on February 12 by the U. S. Army Corps of Engineers. The locations and applicants of the proposed maintenance dredging applications are: 824 W. Bay Avenue - Mr. Stan Williams 710 S. Bay Front - Mr. Spence Clark 1124 W. Bay Avenue - Dr. John Reynolds 3333-W. Coast Highway Newport Arches Marina 720 W. Bay Avenue - Newport Harbor Yacht Club The staff has reviewed the proposed dredging and have determined that the work to be done:is within the parameters of the`Corps of Engineers permit. There is no anticipated adverse affect on proximity beaches or contiguous bulkheads. I i Cr" Y- p� IV-i- ,,00gr 46.'.4e y r Q Q C o Af ".o�-...�_ � � P}f¢.- 4tgs-N [� •A+CQ OA fin` P,� 1 o i :1 lade VICI MITY SKETCH � �w`ri ddrrr � Cesr Nrwpoo?r 5Ay CA41FORNIA y t s Jefr�r I i } �'oUnp'in9s pia �.rprts5epd in fgtl arid, p�:Hole de/> <A5 E)elow Mco%7 Lower tow .Wo►�sr. Mox<•�*u�n 60 r©n9& of �"dc Upp�vx,rn4iefy lO,rosdf 1lf�rbor /.nos esiablI'sh&d If In SI C'J TOp'M _ Jn \xl J - r Cl.,.- � �s t t� it 4et �+tom• i � fi{ I t r ..a T-q.. i Lt,y6r INE �� �T% r. --e�, IrJI 0A 1-7.- C/ i Y. OF Na�'AeP©�Pr 414-AChI Ta Lowg,�roc II7pf1' q} �: �� tc Q A � .yQ N t Yv R X\ ¢ uer�vvorl o !{ -r Q Iwc6aA -I CAL !` Ll """•- -^...;.» --.x v, c{.tijf7 a �)'Jo' . •fi'-'----"-.• 0A'c!>4'- Slope ce VICIMITY SKETCH �`gfJsrTr a e '..N';wvoar 5AY CAL dFOKN(A 5'ounq'inQ.S ass e,roress�sd rn %s®f .and drw�b/�! P'Gf>,h y below-Meo.-r Gorver -Low- Waar. Mlrkt...t/iar range of r�'de 'clpPruxr.i�Qd®/y /O Fret Nc�rbdr �ri�es Qj,'e esiob/I"shy r.� i�h:s s�cf.on o,f'r+/*w�+Qrf Sor s, qr��1 irr� i--`�'Y^..^-�,.F��"i..��d��..a......_.�,�. ,o.....,..,...��.mr3..,..i�.i�..���t�,�a�•. .�,0.!„�•x.. _.... 71, .. ! i � I pia :.. .� ,.��}•� V 1,. _ � }.�' _ ..t �7 �' NJ '4a' �r 29, v E, r,tj, i rt E Q, .;se,c �aA .D .aoAo rE,.. C, c �. Nk ae. �..` V1CIMITY SkETCI-I NswPoar 5AY/ CA4 WoRMIA /! 75 L 5,04/ngl/„93 are e.rorrsed /r, fxtf Gana/ dsnvte depdhs below Meor! 10,Vep Low WR+c�r. i►!Jgk/m+.ciira rr�n9e' of ��"dam gpPrUh/MOfe/y /!J fiaef Harbor Ones Q--e es�ob//'Sherd /.� s/h e sCcf.cx,� ©rcM�ewfsnrf Bar Gj is l4'FYI� �vl r`YfiVI T (v t I ye La A li II f( �� of 11'fYYt 1 ! 1 I w af.11c e i%hrK CapeirSss • 710 l x Fr0r,\ T PERMIT NO. l/(-/a r 7Z 0 DREDGING APPLICATION Project Location: 720 W.-Bay Avenue Cubic Yards to be Dredged: 67 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Haul to sea and dump @ Latitude 33031'421% Longitude 117 ° 4°48"W. Method of Material Disposition: Barge to sea. Turbidity Control Method Material to be contained in Dump Barge at dredge site. Effect of dredging on contiguous bulkheading and beaches None If Bill Harris , 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. NewDort Harbor Yacht Club Shellmaker, Inc. App scant -type name Contractor -type name) April 24, 1974 Signed: (Date) Contractor's Representative s m - o �.,,`1 f ✓v 10 .i `lG2 �/ �✓ J P� 1 T 1 •) K T C W .M`.�r �srr� .4 x��r i p m f Nawvoar .5AY CAL IFORNIA y_ I,frry. Sound�.�gs are BCRr�ssad /rn Fira/ 'ond dwnole dQp/hs be/ow: Mcc>✓J' Lower Lc+w d✓o*�dr. fYfc�t/.s,.csaa vQn9e. of t."dam 4pprvx/�nq�s/jy /0 40J.. Norbor 4' CS qre es�ab!/'Shad ri� r�ei:s s4rcf.00 0A'' NawParf'6ar } _i 1_W _�. f�...f.��.,5^��,��..w. �,.P. �n�..-....N.;. E.T �. �t _, L.:.... ,.. ..-. ... ��'\.�..1.....`...inn..,—.wu........•v..-. .,»�...,..........�..,.,.,............_ r � xr t 14 / • ors - i +.A p .5 L C nlf'a 'Y I./'a DOk"ESS « .7 'C' f ! � / F4 Go.v QAG`i'c►lt.` r,f>,'r�.� qI .. t�.Alr c i '� CITY OF NEWPORT BEACii HARBG,- PEO 411AT PERMISSION IS 9-Mile—MY GRAM7ED TO COM57cilICT AP10 relAIN—iAIN *tHF. FACILMY SHOVirm cxtL. Ttp�a AT THE SITE 417-011CAygo, suzmc-�, rt, "TL,-NR., 'U'Rowls-mNs o; THE HAr.,80H PEjj%jjT P0ls.C4UL:Z,, 0� UZ"AfPQAT BEACH A:vz ANY SPECIAL N&RE-12M. IS NOT TPANS,7-12AIASLE. THE c!Ty "llp-Scoll 146- RIGHTS lGIV0.4 UNDER li.`AZi Pa�,, MZT PE-P-01PUSSSSE OWLk AND TNIS PUMT17 MAY C.'Z' REVOKED �V THF1 OIXY C N Ii. N"'L IN ACCORDANCE WITH TkTLE 0!,"V.E Pt--wQo-, "AA C E. C 0 I)a CITY' HARBOR C 0 DINIATOR 2, z " f PERMI"M DATE AliTifop&ZED r - I— Y CITY CofJiVCIL 0 W p,Q 0-4c r c'941 FO 11 October 19, 1973 .. CITY OF NEWPORT BEACH CALIFORNIA 92660 MARINE SAFETY DEPARTMENT City Hall 70 Newport Pier 3300 Newport Blvd. (714) 673-2110 Meserve, Mumper & Hughes Suite 500 Mobil Building 612 South Flower Street Los Angeles, California 90017 Dear Mr. Meserve: I received your letter of October 17, 1973, with reference to the Newport Harbor Yacht Club. As of this date, the Club has not contacted this office with regards to a harbor permit revision. I will notify you upon receipt of any harbor per- mit application concerning bulkhead construction for the Newport Harbor Yacht Club. Sincerely, D. Harshbarger, Captain Marine Safety. Department DH:lf LED E. ANDERSON J. ROBERT ME5ERVE LEWIS T. GARDINER DOWNEY A. GROSENBAUGH CROMWELL WARNER,JR. KARL L. DAVIS, JR. ROBERT A. KELLER MAR CO F. WEISS DENNETT F. KOURI DAVID G. ELLSWORTH PETER A."MENJOU JOHN DEACON E. A. CRARY ROGER D. DARNELL EDWARD H. CUMMINGS DAVID H.ANDERSON L. ALLAN SONGSTAD, JR. ALLAN JAC-.OBS RONALD G. RICKARD RICHARD W. LYMAN, JR. PHILIP S. WARDEN. ROBERT W. EISFELDER LAW OFFICES OF MESERVE, MUMPER & HUGHES SUITE 500 MOBIL BUILDING 612 SOUTH FLOWER STREET LOS ANGELES, CALIFORNIA 90017 October 17, 1973 Administrator City of Newport Beach Harbor and Tidelands 3300 Newport Boulevard Newport Beach, California Re: Newport Harbor Yacht Club Dear Sir: (213) 620-0300 CABLE ADDRESS "MESMUHU" EDWIN A. MESERVE 1863-1955 SHIRLEY E. MESERVE 1889-1959 HEWLINGS MUMPER 1889-1968 CLIFFORD E. HUGHES OF COUNSEL Roy L. HERNDON SPECIAL COUNSEL I am the owner of the improved real property at 700 West Bay Avenue, Balboa. My property adjoins the property of Newport Harbor Yacht Club which lies immediately west. Newport Harbor Yacht Club is designated as 720 West Bay Avenue. I have reason to believe that Newport Harbor Yacht Club will soon, if it has not already done so, apply to your office for permission to construct a bulkhead and fill out to the U. S. bulkhead.line bayward of the easterly portion of their property. Would you please advise me promptly when such an application has been filed and further advise me of the time and place of any hearing to be held by your office or other public body on such application. Thank you for your cooperation in this regard. S' cerely, �� 404�o- . Robert Meserve JRM:dp t:EO E. ANDERSON - J. ROBERT-MESERVE LEWIS T.GARDINER DOWNEYA. GROSENBAUGH CROMWELL WARNER, JR. KARL L.DAVIS, JR. - ROBERT A. KELLER MARCO F. WEISS DENNETT F. KOUR1 DAVID G• ELLSWORTH PETER A. MENJOU JOHN DEACON E. A.CRARY ROGER D. DARNELL EDWARD H. CUMMINGS --DAVID H. ANDERSON L. ALLAN. SONGSTAD, JR, ALLAN JACOBS RONALD G. RICKARD RICHARDW. LYMAN, JR. PHILIP S.WARDEN - ROBERT W. EISFELDER - (213) 620-0300- LAW OFFICES OF CABLE ADDRESS MESERVE, MUMPER F3 HUGHES "MESMUHU^ SUITE SOO MOBIL BUILDING - EDWIN A. MESERVE 612 SOUTH FLOWER STREET 1863-1955 LOS ANGELES, CALIFORNIA 90017 SHIRLEY E. MESERVE 1889-i959 - HEWLINGS MUMPER - 1889-1968 _ CLIFFORD E.HUGHES - - OF COUNSEL: - - ROY L..HERNDON - - SPECIAL COUNSEL October 17, 1973 Administrator City of Newport Beach Harbor and Tidelands 3300 Newport Boulevard Newport Beach, California Re: Newport Harbor Yacht Club Dear Sir: I am the owner of the improved real property at 700 West Bay Avenue, Balboa. My property adjoins the property -of Newport Harbor Yacht Club which lies immediately west. Newport Harbor Yacht Club is designated as 720 West Bay Avenue. I have reason to believe that Newport Harbor Yacht Club will soon, if it has not already done so, apply to your office for permission to construct a bulkhead and fill out to the U. S. bulkhead line bayward of the easterly portion of their property_. Would you please advise me promptly when such an has been filed and further advise me of the time of any hearing to be held by your office or other body on such application. Thank you for your cooperation in this regard. S' cerely,� . Robert Meserve JRM:dp application and place public AV jy e� MAILI Na - DGSS-_ - `, NE NO. _ FEE CHECK NO. APPROVED BV;'- DATE APPLICATION IS HEREBY MADE FOR AHARBORPERMITYO OCHD �'❑REVISE 1 A ENGR�t -,❑ AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH -PERMIT POLICIES AND THE ATTACHED --DRAWING -— -❑ A6UNCIIL By-COMPANY 73 B ULIC WORKS DEPT. ❑ DATED - ESCROW El .` DATE _ Fes..'.. - ..._-. 4— SIGNATURES !'SPECIAL CONDITIONS:. - CITY OF NEWPORT BEACH, CALIF wx FORM se iolo 4 NAME # ADDRESS OF_P-ROPOSED FACILITY PERMIT Newtport Harbor Yacht Cl �0 W. Bay Ave MAIL T1 ;IONE NO. FEE CHECK NO. D. 72X W. Bay Ave NB 673-7730 25.0 2711 3/9/ APPROVED BY: DATE -- APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT TO OCHD ❑ ENGR ❑ COUNCIL ❑ .PUBLIC WORKS ❑ D EPT. ESCROW ❑ INSPECTION ❑ SPECIAL CONDITIONS: 09X6W4VJ40QEVISE A- V 1 filir- AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING BY Trautwein Brothers f� COMPANY DATED 3/8/73 - DATE 3 9/73 - SIGNATURE vames E 1 CITY OF NEWPORT BEACH. CALIF. II WX FORM 68-1010 e IV - MAILING ADDRESS a._ 1' - ggy TELEPHONENO-'FEE ; `CHECK NO. ' - DATE { APPROVED BY: -DATE - APPLICAzT.ION -IS'H EREBY MADE FOR A- HARBOR PERMIT TO ❑�F—,' - CONSTRUC OCHD - ❑ AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF ENGR -` ..� _- NEWPORT BEACHfPERM1T POLICIES AND. THE ATTACHED DRAWING ❑ COMPANY- COUNCIL - BY .: .PUBLIC WORKS ❑ -DEPT. DATED�� - DATE ESCROW - - t• - ! INSPECTION ❑ SIGNATURE - -- ❑ SPECIALCONDITIONS: - - - / CITY OF N-EWPORT BEACH, CALIF. Wx FORM se Iom ; . E NAME IT s ADDRESS'OF PROPOSED FACILITY PERMIT -F Ne ort Harbor Yacht Clu ?2(3 West Bay, N.B. �`� -%� MAILINGADDRESSTELEPHONE NO. FEE CHECK NO. - DATE 720 West Bay, Newport Bd -3ti, 11-12-71 APPROVED BY: 1)' - APPLICATION -IS HEREBY- MADE FOR A HARBOR PERMIT TO ❑ _, y � �Q m CONSTRUC���[.�EXB _-�4�.eaC OCHD ❑ - AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF ENGR NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING ❑ BY Gillis & Derby Marine Contr. COMPANY COUNCIL - DATED PUBLIC WORKS ❑ DATE ��i DEPT. - - 4-12-71 ❑ ✓/ ESCROW -❑ SIGNATURE V INSPECTION' ❑ ❑ SPECIAL CONDITIONS: `- - i i i CITY OF NEWPORT BEACH, CALIF. Wx FORM-68-logo I LED E..ANDERSON(213) 620-0300 J .'ROBERT MESERVE LAW OFFICES OF CABLE ADDRESS LEWIS 'Te, GARDIN ER HUGHES DOWNEY A':-GROSENBAUGH MESERVE, MUMPER & H 1 G lEJ "MESMUHU" CROMWELL WARNER.JR. - KARL L. DAvIs'JR,'-" SUITE $00 MOBIL BUILDING ROBERT A. KELLER 612 SOUTH FLOWER STREET EDWiN A. MESERVE - DENNETT F. KOUR1 1863-1955 JAM ES M.ORENDORFF LOS ANGELES, CALIFORNIA 90017 - SHIRLEY E. MESERVE DAVID G. ELLSWORTH 1889-1959 PETER A. MEN.;OV CHRISTOPHER E. ROLIN' HEWLINGS MUMPER E. A. CRARY 1889-196,8 JOHN DEACON ROGER D. DARNELL. CLIFFORD E. HUGHES LAWRENCE H. HELLER OF COUNSEL September 13, 1971 Newport Beach Joint Harbor Committee C c/o Orange County Harbor District;r 1901 Bayside Drive yv Newport Beach, California r Re: Mrs. Shirley E. Meserve 700 West Bay Avenue Balboa, California Gentlemen We have conferred with representatives of the Newport Harbor Yacht.Club and join in its request that the hearing set on its application for permit now set at 11:00 A.M. on September 14, 1971, be continued to a future date It is our understanding that the Newport Harbor Yacht Club will modify its application in connection with the type of improvement proposed to be constructed. We would appreciate being advised of the new hearing date when thesame has been determined. Thank you for your consideration and past favors. Ver truly your► J. obert Meserve for MESERVE, MUMPER & HUGHES JRM:dp LED: E. ANDERSON . (213) 620-0300 . J. ROBERT MESERVE LAW OFFICES OF LEWIS T. GARDINER CABLE ADDRESS DOWNEY A.GROSENBAUGH MESERVE,. MUMPER HUGHES "MESMUHU" CROMWELL WARNER, JR: - - KARL L.DAv1S,JR. 'SUITE 500 MOBIL BUILDING ROBERT A. KELLER ''' 612 ,SOUTH FLOWER STREET, EDWIN A. MESERVE DENNETT F. KOURI 1863-1955 DAMES M.ORENDORFF LOS ANGELES, CALIFORNIA 90017 DAVID G. ELLSWORTH SHIRLEY E. MESERVE 1869-1959 PETER A.MENJOU ' "CHRISTOPHER E.ROLIN HEWLINGS MUMPER E.A. CRARY '1889-1968 JOHN DEACON - ROGER,D. DARNELL CLIFFORD E. HUGHES LAWRENCE H. HELLER" OF COUNSEL August 6, 1971 Mr. A.Kymla Chairman Newport Beach Joint Harbor Committee c/o Orange County Harbor District 1901 Bayside Drive Newport Beach, California Re: Mrs. Shirley E.Meserve's Opposition to Application of Newport Harbor Yacht Club for Permit to Build Bulkhead Extension and Fill. Dear Mr. Kymla•_ As you know,this office acts as Attorney for Mrs. Shirley E. Meserve and has, previously filed with Y.pur" Committee documentation of'the opposition to the proposed Yacht Club development:' The hearing on this matter as we understand was original_ly._.__. scheduled f or .July 19, 1971. For reasons -not-altoge7�er clear, it appears that this meeting was not held and the matter was continued until Tuesday, August,10, 1971. In confirming the above information, request was made whether or not there were some means of having a continuance of the matter if necessary. The basis for this is although the undersigned was in a position to, attend. your July meeting as scheduled, complications.have arisen and it would be impossible to appear at the August meeting',which is now scheduled. It would appear appropriate that some form of continuance be had in order"to allow the undersigned to make an oral presentation to the Committee. It is obvious to you and your fellow members of the Committee that the matter at issue is of ,extreme importance to the office's client. MESERVE,.MUMPER 8 HUGHES HARBOR p RKS' D}AT�E- August 5 F2t>R,RE '' i s'f TO DIRECTOR OPNS, DEV. TO JOINT HARBOR COMMITTEE ASO SEC'Y. ! FROM,: Staff COMM. FILE SUBJECT; HARBOR PERMIT APPLICATION NO.-116,-720 (NEWPORT HARBOR YACHT CLUB) INSTRUCTIONS:, Pursu.ant.to the Joint Harbor Committee request (June 8, 1971), Jim Ballinger,and I made an inspection of the existing and proposed harbor facilities at the Newport Harbor Yacht Club'and the surrounding area on June 30,'1971. There are several points of contr_ov.ersy-whichii will outline.: 1) The U. S. Bulkhead and U. S. Pierhead lines have been established since -the harbor was first developed.and it is unlikely that they would be relocated'in the future. 2) The property behind (upland of) the U S. Bulkhead line is privately owned, not public tidelands. The proposed bulkhead and fill area are owned by the Newport Harbor Yacht Club. 3) The pro posed,construction'conforms to all City'Harbor Permit,Policies. 4) Several probable effects from the proposed construction have been discussed.. The staff opinion on these is as follows: a) There will be a modification in the view ,from the Meserve property, particularly in the view to the northwest. b} A change in the current patterns of the area is possible but the change would be insignifica:t. c) The collection of debris could occur but again the change in existing conditions would be insignificant. d) Any bayward relocation of the Newport Harbor Yacht Club. slips is highly unlikely in view of the established U. S. Pierhead Line. in summary, .it is the opinion of the staff that the proposed construction.does conform to all City standards and specifications. The construction,will not impose any undue hardship or hazard.to the adjacent properties or, surrounding area. Any dispute over the rights or restrictions of the :subject property should be a civil matter between the Meserves and the Newport Harbor .Yacht Club. G..M. DAWES J. r OFFICF,RS F PETER DAVIS` pp COMMODORE A ' JACK O. VANCFE4' VICE COMMODORE JAMES E. MUNROE ,� ��✓ REAR COMMODORE ElN " �0'RT I[/�R9« 0 R Yi4C ■I„1 ! �'U B WALTER W. HOFFMAN�-`c=ba �I 1 ,� sI�' SECRETARY 720 WEST BAY AVENUE HENRY W. BUCKINGHAM 17 � 1� TREASURER .13 A L, O A GRANT L. BALDWIN JR. C A L I F O R N I A FLEET CAPTAIN 92661 GEORGE P. YULE TEL. (714) 673-7730 PORT CAPTAIN JOHN W. McCRAY LAWRENCE SOMMERS WILLIAM B. COOK July 14, 1971 RACE CHAIRMEN BARTON B. BEEK JUDGE ADVOCATE MORGAN L. MORGAN FLEET SURGEON THOMAS P. WILDER MEASURER Mr. Donald S. Sanford Harbor & Tidelands Aide City of Newport Beach 330 Newport Boulevard Newport Beach, California 92660 Dear Mr. Sanford: DIRECTORS PETER DAVIS JACK O. VANCE JAMES E. MUNROE HENRY W. BUCKINGHAM WALTER W. HOFFMAN LLOYD.L. AUBERT STEPHEN N.BARNARD LEO J. BENZINI GERALD F. MADIGAN MANAGER TOM KIER Thank you for -your letter of July 9, 1971. Just the other day I wrote a letter to the Joint Harbor Committee, a copy of which is enclosed for your information. Attached to this letter was an excerpt from the minutes of the meeting of the Board of Directors of the Club on September 8, 1957 in which appears the memorandum which we believe is referred to by the attorneys for Mrs. Meserve. However, in order to make sure that you are supplied with copies of everything we have on this subject, I enclose excerpts from all of the minutes of the Club to which any reference whatsoever was made to the purchase of the Meserve property. We have searched our records and find nothing else that pertains to this subject. A recent title search discloses no recorded documents of any kind which relate to the contentions now being asserted by the Meserves. Very truly yours, Teter WT ORT H OR YACHT CLUB Davis Commodore PD•lb Enclosures Joint Harbor Committee Newport Harbor kr c/o Orange County Harbor District 1901 Bayside Drive Newport Beach, California 92662 Re: r July 9, 1971 Harbor Permit Application No. 116-720 Newport Harbor Yacht Club _ zr° Gentlemen: r:. On.June 8, 1971, I appeared before your Committee in supp(rt of the subject application. tTr. J. Robert Meserve also appeared at that meeting and read a letter written.by' a member of=his law firm, opposing the application. The purpose of this letter is to respond, point by point, to the Preserve letter so that your Committee may have a written statement of the reasons why we feel .the pro- posed improvement is not detrimental, either to the Meserve interest or to the interests of the public at large. Initially, it should be emphasized that our applica- tion does not contemplate the elimination of any beach:,area, nor any encroachment on navigable water area. Our proposal is to enlarge our boatyard by moving the existing bulkhead 65 feet nearer to the bay, thus creating about 8,000 square feet of boatyard in'the space presently occupied by two of ,,. the clubs boat slips. The existing pier and the remaining slips which now lie between the bulkhead and the channel would remain just as they are. The Meserve letter argues that the proposedimprove- ments would "clobber" the value and usefulness of Mrs. Meserve's property. They say the view from the Meserve residence would be "obstructed and.destroyed" and that the use of the Meserve slip would be "impaired". We think these statements are gross exaggerations. How can the view be ob- structed by an improvement at ground level which lies to the side of the Meserve residence -- a side on which no view windows are located? A glance at the plans, showing the physical relationship of the Meserve house and slip to the proposed improvements, will demonstrate that the view will not be interferred with and that the use of the Meserve's P P ier and sli will be totally unaffected. f8 WI: fill M ' A2 Joizt Harbor Cousur►ittee e N We. recognize that "value" is a question of judgment r' but presumably the value of the Meserve property. is enhanced, by its proximity to the club, and in the absence of any phy- �K sical interference, we find it difficult to believe that im- provements to the club's facilities will have a detrimental effect on. the value of adjacent property. The following paragraphs are numbered to correspond . with the numbered paragraphs of the Meserve letter 1. The additional dry boat storage area at the club is desperately needed for small boats, largely children's boats. It is not true that the water area available for public use will be reduced -- indeed, the only water area affected will be that now occupied by the two slips which r E will be eliminated. 2. The relocation of the bulkhead will not impair the present channel in any way whatsoever, nor will it cause a, any "hazards to navigation" nor create "hazardous eddies" These arguments were obviously written by someone totally unfamiliar with the harbor and the physical surroundings of the proposed improvement. 3. In the vicinity of the club current flow is not rapid even at extreme tides; consequently, relocation of the bulkhead will have virtually no effect on water movement,' patterns nqr will it cause any significant movement of material. our experience indicates that in the area of the club, movement of material around bulkheads, qroins and piers is so slow that it is difficult to observe any change from year to year. Here again,,the arguments set forth in the Meserve letter reflect a lack of familiarity with the physi- cal situation. 4. It is not true that any understandings ever exis- ted, formal or otherwise, with reference to any particular bulkhead line. It is not true that "reliance has been had on this line by the owners of properties developed subse- quently to the club's purchase", whatever that sentence may be thought to mean. The Meserve letter says that "This understanding... has been made of record by other means be- tween and among the area's property owners". Clearly, this is not true; if it were, the Meserves would have produced- ��� the record . they refer to. i'w OfY 5 , 1 � r Joint harbor Ccradttee There were, in fact, certain informal understandings' ' between the club and Shirley E. Meserve at the time the pro- party was purchased. These are recorded in the minutes of '.: a meeting of the club's directors held on September 8, 1957, aw a copy of which is attached. We think that relocation of the bulkhead does not violate either the letter or the spirit of these understandings. - - - - - - - - - - - -°u1 In summary, we believe that there is no substantial basis for the Meserve objections. .We have tried to discuss ' modifications which might prove mutually satisfactory, but ;,xz we find that thev are absolutely opposed to any alteration. of our facilities. The only suggestion offered by the l Meserves is that we right relocate the bulkhead in such a L way as to eliminate the existing swimming beach which lies between the clubhouse and the boatyard. + We feel that our proposed relocation of the bulkhead hs. will do no injury either to the Meserves, to any other pro- perty owner, or to the public at large. We respectfully urge your favorable consideration of qur application for this much --needed alteration of our facilities. " Very truly yours, NEWPORT HARBOR YACHT CLUB Peter Davis Commodore , 5 pop .t Jm„ ./ p Excerpt from the Minutes of the Regular Meeting of the Board of Directors Newport harbor Yacht Club on September 8, 1957: "Commodore Crary read memorandum signed by Staff Commodores Wa3tw K. Lewis and James C. Sheppard relative to the property purchased from Staff Commodore Shirley Meserve: Negotiations for the acquisition of the Meserve property were initially conducted by Staff Commodores Meserve and Lewis, and at the concluding stage with Staff Commodore Sheppard. 1. Prior to committing himself to the sale of the property, Staff Commodore Meserve suggested imposing certain conditions in the I' deed as to use. He was prevailed upon not to do so, upon the assurance that the Club, during his lifetime, would respect his wishes concerning the use of the property. 2. There was no objection to the installation of the dock and slips provided that adequate space was left for manuevering any boat which Staff Commodore Meserve might acquire. 3. There was no objection to the development of the easterly portion of the property for housing. 4. There was objection to the use of the easterly portion of the property for e volley ball courts and a play area, as well as any development Which would cause loud or unusual noise'. 5. It was represented to Staff Commodore Meserve that the Club would always conduct itself as a good neighbor. 6. It should be remembered that the purchase price for this property was 'V T; far below its actual value and that both parties dbalt with each other upon the basis that there would be a continued disclosure in complete franlmess of plans for the development of the property. /s/ Walter K. Lewis /s/ James C. Sheppard Edward G. Warmington, Secretary -------------------------------------------------------- 0 - 8 - i.' OFFICERS `�r� DIRECTORS PETER DAVIS jj+?��I PETER DAVIS COMMODORE JACK 6. VANCE JACK O. VANCE JA'MES E. MUNROE VICE COMMODORE gp..-.y� ®®'➢p�,9�. 9p��t0 p�pq. !g-�R ®Aq�9 ply+I JA REAR COMMODORE 'i,E W�I ®� R��T �'.A 1 \ L1��.Q 1 \x��., lr Y i.i,•:� � lil ��, �7,� ; 'WALTER .WBHOFFMAN M WALTER.W. HOFFMA.N y:a .. " SECRETARY 7•,2 O 'WEST BAY AV E N,U E LLOYD'L.,.AUBERT . HENRY W. BUC,KINGHAM �jSTEPHEN N. BARNARD TREASURER B A L 'B O A GRANT L. BALDWI,N JR. C A L I O R. N I A • LEO J. BENZINI FLEET CAPTAIN (�I //��� II''��[[�� • (^� RKS GERALD F. MADIGAN 14) 61 flJ" R60 Y R�S GEORGE P. YULE �. , `TEL. (.7ta) 673.7730 'MANAGER. PORT CAPTAIN DATE JOHN W. McCRAY OM KIER LAWREN'CE SOMMERS '.� REFERE 111. WILLIAM S. COOK 9 (� RACE CHAIRMEN July 9,,. 1971 I D7REC t OR I BARYON B. BEEK I OFINS,' JUDGE ADVOCATE - i'( " M,ORGAN, L. MO.RGAN -- FLEET SURGEON tt ASO ' THOMAS P. WILDER '. t{ SECY.. MEASURER L....... _ COMIVi: s FILE Joint Harbor Committee INSTRUCTIONS::—' Newport Harbor, fRAAjZ ' c/o .Orange County Harbor District 1901 Bayside Drive Newport Beach, California 92662 Re: Harbor Permit Application No. 116-720 Newport-Haxb'or Yacht Club. Gentlemen: On,June8, 1971, I'appeared before your Committee in support of the subject application. Mr. J. Rober-t Meserve also appeared at that meeting and read a letter written by a member of his law firm, opposing the' application. The purpose of this •'letter 'is to respond, point by point., to the Meserve 'letter.so that,your Committee may have'a written statement of the reasons why we feel `the ;proposed improvement is not detrimental, either to the'Mese'rve interest or to the interests Of the public at large. Initially, it should be emphasized that our application does not cor:''emplate''the elimination Of any beach area, nor any encroachment on navigable water area. Our proposal is to enlarge our boatyard'by moving the existing, bulkhead 65'.feet nearer to the 'bay -1 thus creating about 8,000. square, ,'feet of boatyard in,the space 'presently occupied by two of the club's boat 'slips. The existing pier and the remaining slips which now lie 'between the bulkhead and the channel would remain just as they dre. The Meserve letter, argues that the proposed' improvements would 11clob'b.er" the value.., and usefulness of Mrs. Meserve I s property. They saythe.view from t'he' Meserve' residence would be "obstructed:. and de stroyed" and that the use of .the Meserve slip would be "imp'a.i,red". W'e, think these statements are gross. exaggerations. Haw can -the :view be Joint.;Harbor Committee.. .... 2 7/9/71 obstructed by an improvement at ground level which lies to the .side of the Meserve residence -- a side on whi.ch.,no.view windows are. located?. A glance at the plans,. showing the physical relationship of 'the Meserve . houseand slip to the proposed improvements, will demonstrate that the view -will not be interfered with and that the'use•'of the.Meserve's pier and_slip.will.be totally unaffected. We recognize that "value'.' is 'a question of judgment; but pre- sumably.'the..value of the Meserve property is enhanced by its proximity to the. club., and in the absence of any physical interference, "we find it. difficult to.believe that improvements, to the:club's facilities will have a detrimental effect' on 'the value of adjacent -property..,, The following paragraphs are numbered to correspond with the . numbered paragraphs of the Meserve letter; The additional dry. boat storage area, at the club is desper- ately needed for small, boats, largely .c4ildre'n'.s boats.' It ,is not true that the-ia.ter area available for;, public use"will be .reduced -- indeed, the only water area affected will be that now occupied by' the' two slips which gill be eliminated. 2. The re-.locati.o.n of the bulkhead; will not impair ,the present channel 'in'any way' whatsoever, nor will it cause. any "hazards to navi- gation":nor create '"hazardous eddies" These arguments were.obviously written by someone totally unfamiliar with the harbor and 'the` physical surroundings of the proposed improvement.. 3. In the vicinity of the club current flow is .not rapid even at extreme tides; consequently,. re -location of the',bulkhead will have vir. tually no effect .on water movement 11 patterns nor wil.1, it cause .any sigrii- ficant'movement of material'. Our experience indicates that in the area of the club, movement of material around bulkheads, groins and piers is so slow that it is difficult to.observe any change from year to year. Mere again, the arguments set forth in, the Meserve letter re fleet `a lack of familiarity with the; physical situation.' 4. It is not true that any understandings ever existed, formal or otherwise; with reference .to any particular bulkhead line. It is not true that "reliance has been had on this line by the owners of pro- perties developed subsequently to the club.'s purchase", whatever that sentence maybe thought to mean. The Meserve.letter says that "This understanding... has been made of record by other means between and among:.the area.'s property owners". Clearly, this is'not true; if it were, the Meserves.would have produced the record they refer to. There were, in fact, certain informal understandings between the,club and Shirley E. Meserve at the .time the property was purchased. These are recorded in the minutes of a meeting ofi.the club's',directora held .on September .8., 1,957, a ,copy ofwhichis attached. We think that re -location of the bulkhead does not violate either the letter or the spirit of these understandings. Joint Harbor'Committee.., 3, 7/9/71 LEO E.ANOERSON (213) 620-0300,. J. ROBERT MESERVE LAWOFFICES OF. LEWIS T. GARDINER GABLE ADDRESS DOWNEY A.GROSENBAVGH MESERVE, MUMPER & HUGHES -"MESMUHU" CROMWELL WARNER, JR. .KARL.L.DAVIS,JR. SUITE 500 MOBIL BUILDING ROBERT A. KELLER 612 SOUTH FLOWER STREET', EDWIN A. MESERVE D£NNETT F. KOURI JAMES M.ORENDORFF LOS ANC.ELES, CALIFORNIA 90017 1863-1955' SHIRLEY $. M£S ERV E. DAVID G. ELLSWORTH 1889-1959 PETER A. NIENJOU CH RISTOPHER„E•ROLIN HEWLINGS MUMPER E. A. CRARY 1889-1968 JOHN DEACON ROGER D. DARNELL CLIFFORDE. HUGHES ,. OF COUNSEL June 30, 1971 Joint Harbor Committee Newport Harbor c/o Orange County Harbor District 1901 Bayside Drive .N,ewport Beach, California 92662 Attention: Mr. E. C. Klinger Chief Operations Division Orange County Harbor District Re: Harbor Permit Application No. 116-720 Newport Harbor. Yacht Club Gentle_nen For your use and in opposition to the Application of Newport Harbor Yacht Club for the above described Permit, we enclose original and three photo-copies,of the Declaration of R. L. Patterson which confirms the understanding and agreements made by the respective parties when the present Bulkhead Lines were established on the Meserve property and on the east side of the Yacht Club property. Also for your use are four photo -copies of a page from the Newport Harbor Yacht Club publication of May 1954 which described the purchase of this soiland property to Club members. The diagram is the exact way the. Bulkhead and pier and slip facilities now exist. Very truly yours, J. Robert Meserve for MESERVE, MUMPER & HUGHES JRM:mlw Enclosure cc: Mrs. S . E .. Meserve Mr. Donal.d.S. Sanford i i LED E.ANDERSON J. ROBERT MESERVE LEWIS T. GARDINER DOWNEY A.GROSENSAUGH CROMWELL WARNER,JR. KARL L. DAVIS, JR. ROBERT A. KELLER DENNETT F. KOURI JAMES M.ORENDORFF DAVID G. ELLSWORTH PETER A. MENJOU CHRISTOPHER E. ROLIN E.A.CRARY JOHN DEACON ROGER D. DARNELL LAW OFFICES OF MESERVE, MUMPER a HUGHES SUITE 500 MOBIL BUILDING 612 SOUTH FLOWER STREET LOS ANGELES, CALIFORNIA 90017 June 25, 1971 Joint Harbor Committee Newport Harbor c/o grange County Harbor District 1901 Bayside Drive Newport Beach, California 92662 Attention: Mr. K. C. Klinger Chief Operations Division Orange County Harbor District Re: Harbor Permit Application No. 116•-720 Newport Harbor Yacht Club Gentlemen (213) 620-0300 CABLE ADDRESS "MESMUHU" EDWIN A. MESERVE 1863-1955 SHIRLEY E. MESERVE 1889-1959 HEWLINGS MUMPER 1889-1968 CLIFFORD E. HUGHES OF COUNSEL At the hearing June 8, 1971, request was made for a brief statement of position outlining in some detail the history and legal analysis for Mrs. eserve's authority in opposing the permit application. Enclosed is such a statement, it is not intended to be a com- plete detailed analysis. This is in particular reference to the statement of legal position. An original and three photocopies are enclosed for the use of the Joint Harbor Com- mittee. Very truly yours, James M. Orendorff for MESERVE, MUMPER & HUGHES cc - Mrs. Shirley E. reserve Mr. Donald S. Sanford (w/ encls.) entail knowledge and authority more readily.available to others than Mrs. Meserve. The basis here discussed is hers alone as owner of Lot 7� i of Tract 710 of Map recorded in Book 24, Page 16, of Miscellaneous Map of Orange County, California. HISTORY IN 'BRIEF The real property upon which the bulkhead extension and fill is proposed to be constructed is owned by the Newport Harbor Yacht C and described as Lots 2, 3 and 4 of Tract No. 710 pursuant to 'Map recorded in Book 24, Page 16, Miscellaneous Maps of Orange County, California. The immediately adjacent lot, Lot-1, is.owned by 24 � -Except for the present unfortunate situation, this agreement 25 as been honored scrupulously by the Yacht Club. Always, prior to any 26 ignificant change in the use of the property, the Meserves'were 27 onsulted and request made for their approval of the proposed change. 2s enerally, such approval was readily given, although on occasion 29 efusal to approve was, made and the change did not occur. 30 Following the sale and in reliance upon the agreed terms of 31 ame, the Meserve property was developed by the construction of a 32 residence to take advantage of the view and reconstruction of the 2 From the Office of City Clerk Buff white C TODAY'S MAIL 7Q9 Vest 11ag fuenuc Balboa -California 926GI Date:7 �S Attn: i,Ua > 3 i June 4, 1971 City Cou.ncit City o b Newport Beach Newport Beach, Cati4oxnia: Gent2emen: On May 15, 1971, I wrote to you a3 being on necond against Hanbon Penm.it Apptication #116-720 Jon the con twe ion o f addlEtionat butkhead at the Newpor t Harbor yacht Ctub. At thi.b time I wouCd Like to withehaw that objection. 1 I _ Sincene.Cy, t ! l r 44 Bum White !►!� 7 1971 Date .................................. COPIES SENT TO. Mevor �••��t :, n n acc r 1-t,,rne,v Put,li, U,',.rks Director t'I,,,win oirector coancilmem ❑ II I I r�^-r 1�rc l r y •I^ � I r rr Ij 1 Ir I T� m-�� �, r�-nrl 7�rsn7�, I I I i I II '.�I1l ill yl 11 �I Il��ill! 1�,7 �11���111!�11 �''y I "l j'i I �Illi l,il tll i,l II IJ �1 .t;� I I I May 28, 1971 Mr. Wendell Reece corps of Engineers Post Office Box 2711 :cos Jos Angeles, California 90053 Dear a,7endell: Lriclosed are permit applications for Harbor Permits No.'s: 109-1601, 133-11, 133-76, 240=4000, 536�507, 0113-2,01,. These - "approved by the City. ,Dermits have all been In regard to the five harbor pe--mits requ=-ng city Council approval which I have previously forwarded to you, the following permits have now received Council approval. 259-118i, 135-121, 434-3407, 441-4004. Harbor Permit No. 116-720 from the Newport harbor Yacht Club is still being studied by the City Council and the Joint harbor Corkunitt-ee. I do not expect a decision to be made on this permit for approximately one month. Yours truly, DONALD S. SANFORD liarbor & Tidelands Aide DSS/db Enclosures r 70 Newport Pier June 20, 1973 ?fir,. Wood Carps of Engiheers- Los Angeles District P. O. Box 271 :cos Angeles, Calif, 900553 Dear Mr. 'Wood: The Applicant, Newport Harbor yacht Club, City Harbor Permit #116-720 has requested that tie application be withdrawn because they are no longer requesting the proposed work,, The Array Corps of Engineers application with City approval was submitted March 27, 1973 I4 you have any geestions, please contact. Saar MUSS, C/o Trautwein Brothers, 714-675-1964. Sincerely, D. Harshbarger, Captain Marine Safety Department LEO E.ANDERSON (213) 620-0300 J. ROBERT MESERVE LEWIS T. GAR DIN ER LAW OFFICES OF CABLE ADDRESS DOWNEY A.GROSENBAUGH 1V1Y.�JLi`V E, 1V1 l.i lVlPEl\ 9 iZ 111sHE5 "MESMUHU" CROMWELL WARNER,JR.. KARL L. DAVIS, JR. � SUITE 500 MOBIL-E)U'i!.DING ROBERT A. KELLER 612 SOUTH FLOWER F;TREET EDWIN A, MESERVE DENNETT F. KOURI JAMES M.ORENDORFF LOS ANGELES� CALIFORNIA 90017 1863-1955 DAVID G. ELLS WORTH SHIRLEY E. MESERVE PETER A. MENJOU 1889-1959 CHRISTOPHER E. ROLIIV E.A.CRARY JOHN DEACON ° �S, T"'��^+^ Q xf'' ^ �{C� ! ti\✓V \V% GC /' P- RRK J //� /) L�ATc �y9 ! —7/ HEWLINGS MUMPER 1689-1968 ROGER D. DARNELL I" V 1 a I S` I F JY— T� CLIFFORD E. HUGHES OF COUNSEL May 28, 1971 c, �: - A per it � it---t--- Mr. Christopher Klinger; i ILA_ Assistant Director Orange County Harbor District INSTRUCCfIOtiS: 1901 Bayside Drive Newport Beach, California Re: Harbor Permit Application No. 116-720 of Newport Harbor Yacht Club Dear Mr. Klinger: Thank you for your letter of May 25, 1971. The information is appreciated as was your prompt attention to my inquiry. Enclose is a letter addressed to Joint Harbor Committee by way of your attention setting forte Mrs. Meserve°s opposition to the proposed develop - merit. Very truly yours, �� Jame w1� Orenaorff for .ESERE, MUMPER & HUGHES JMO:ss cc: Mrs. Shirley E. Meserve Mr. Donald S. Sanford LEO E.ANDERSON J. ROBERT MESERVE (213) 620-0300 LEWIS T. GARDINER LAW OFFICES OF CABLE ADDRESS DOWNEY A. GROSENBAUGH MESERVE MUMPE2 8 H l.. GHES "MESMUHU" CROMWELL WARNER,JR. KARL L.DAVIS. JR. SUITE 500 MOBIL BUILDING ROBERT A. KELLER D ENN ETT F. KOURI UEDWIN A. MESERVE 612 SOUTH FLOWER STREET 1863-1955 � ' JAMES M,ORENDORFF LOS ANGELES, CALIFORNIA90017 DAVID G. ELLS WORTH SHIRLEY. E. MESERVE PETER A. MENJOU 1889-1959 CHRISTOPHER E.ROLIN E. A. CRARY - HEWLINGS MUMPER JOHN DEACON 1889-1968 ROGER D. DARNELL CLIFFORD E'.H UG HES OF COUNSEL, May 27, 1971 Joint Harbor Committee Newport Harbor c/o Orange County Harbor District 1901 Bayside Drive Newport Beach, California 92662 Attention: Mr. K. C. Klinger Chief O-Perations Division Orange County Harbor District Re: Harbor Permit Application_ No. 116-720 Newport Harbor Yacht Club Gentlemen: On behalf of our client, Mrs. Shirley E. Meserve, this letter is submitted in opposition to the above refer- enced application. The applicant seeks to obtain a permit to establish a 110 foot bulkhead and fill out to the U. S. Bulkhead Line. While it is understood that your review of this matter is merely advisory to the Newport Beach City Council, this is submitted for your consideration in the granting of such advice. Mrs. Meserve's residence is immediately adjacent to the applicant's facilities. Review of the proposed bulkhead plans and conversations with representatives of the real estate industry confirm that if the bulk- head and fill is permitted as presently planned, there will be a significant and definite detrimental impact on the use and value of Mrs. Meserve's property. The comments of one realtor was that such proposed development upon completion would "clobber" the property's usefulness and value. This impact will extend to properties in the neighborhood. MESERVE; MUMPER a HUGHES Joint Harbor Committee May 27, 1971 Page Two In building the bulkhead at the proposed location, the view from Mrs. Meserve°s residence will be obstructed and destroyed. Further, use of the present Meserve slip facilities will be impaired and it appears that certain relocation or adjustment of the slip facili- ties will be necessary. The general effect on Mrs. Meserve°s property will be to substantially reduce the value of her residence not only in monetary terms but also in its usefulness. It has been pointed out though that more important than the reduction of values there is the potential creation of a collection basin for unsightly and health endangering, floating trash. For several reasons such an impact should not be allowed to be suffered by our client. These reasons are as follows 1. Need for a dry boat storage. It is not alto- gether clear that additional dry boat storage is needed in the Newport Harbor area at this time or that the location of such facilities as presently planned will be more convenient than the now existing dry boat storage facili- ties in the Newport Harbor area. While the Club facilities would be increased, there is serious doubt that the facilities would be enhanced; and certainly there would be less water area for those not affiliated with the Club. There is only so much room and increasing private area facilities must be at the expense of otherwise public areas. The erection of the bulkhead and fill as presently planned will impair as hereinafter discussed the use of the Newport Harbor area by boatman plus the development of the facility will be at cross X purposes in effect -that is although creating greater storage facilities, it will lessen available space for use of the boats stored. 2. Effect on boating congestion and creation of % potential navigation_ hazard. Erecting th' ✓' bulkhead and fill as presently planned will impair the present channel way. The bulkhead will cause unnecessary hazards to navigation in the channel way. MESERVE, MUMPER a HUGHES Joint Harbor Committee May 27, 1971 Page Three Certain of the present mooring locations, slips and docking facilities will be eli- minated by the proposed development. Those eliminated will necessarily have to be replaced and new mooring, docking, slip facilities will more than likely be created. The present channel way will have to be moved or modified in order to accommodate these increased facilities and this will impair the present boat passage area in two ways. First, the change from the pre- sent configuration and second, the added congestion, of boats generally by reason of increasing the facilities. Thus, a real hazard will have been developed for boaters of the Newport Harbor area in the area of the channel way. Development of the bulkhead will cause water movement features to be modified, potentially creating hazardous eddies. Such will be an added problem in the congested channel way to boatman of the Newport Harbor area. 3. Impact on the area's environment. Extention of the present u_ eac-'li-ne- to the U. S . .Line, as already indicated, will have an impact on the present water movement patterns. Such modification may well have the impact of increasing the undue accumulation of flotsam or floating trash in the area of Mrs. Meserve°s property and those in the general area. Obviously, a pocket or basin will be created by construction as presently designed. The water movement pattern may be of such nature as to effect evulsive and• avulsive movement of material not only as to those properties with beach front but also those with bulkhead frontage on the bays 4. Historical p_r_ogram. When the Newport Harbor Yacht Club purchased the property some time ago from the Meserves, it was with the docu- mented understanding that there ,would be no development beyond the existing and present MESERVE, MUMPER a HUGHES Joint Harbor Committee May 27, 1971 Page Four bulkhead line particularly in the nature of that presently programmed. Reliance has been had on this line by the owners of properties developed subsequently to the Club's purchase. In further reliance of this understanding, the Meserve residence was erected. While this understanding has not been made of record in the official records of ©range County, the same has been made of record by other means between and among the area's property owners. While it was originally intended that the area where the bulkhead is proposed to be constructed was to be used for a slip such was never made a requirement. The only requirement"being that there be no extention of a permanent facility obstructing the usefulness of the waterway -fronting the Meserve property or the view of such water- way from the Meserve property. For the foregoing reasons, it is our position that our client is well justified in strenuously opposing the application of a Newport Harbor Yacht- Club to develop its property by construction of a bulkhead and fill for dry storage of boats to the U. S. Bulkhead Line. Your considerations of the foregoing is appreciated. Should you have any questions, please contact the undersigned, LED E.ANDERSON - (213). 620-0300 J. ROBERT MESERVE LAW OFFICES OF CABLE ADDRESS LEWIS T. GARDINER DOWNEY A.GROSENBAU.GH MESERVE, 1vILI:MPER £�. HLIGHES "MESMUHU" CROMWELL WARNER.JR. KARL L.DAVIS, J'R. SUITE 500 MOBIL BUILDING ROBERT A. KELLER 612 SOUTH FLOWER STREET EDWIN A. MESERVE DENNETT F..KOURI 1863-1955 JAMES M.ORENDORFF LOS ANGELES, CALIFORNIA 90017- DAVID G. ELLSWORTH SHIRLEY E. MESERVE 1889-1969 PETER A. M,ENJOU CHRISTOPHER 'E. ROLINHEWLI.NGS MUMPER E. A. CRARY 1889-1968, JOHN .DEACON .. ROGER D. DARNELL CLIFFORD'E. HUGHES OF COUNSEL May 20 1971 Mr.` Christopher Klinger Assistant Director Orange County Harbor District 1901 Bayside Drive Newport Beach, California Re: Harbor Permit Application No. 116-720 of Newport Harbor Yacht Club Dear Mr. Klinger: You have been referred to me as the person to contact in regard to my inquiries concerning the Joint Harbor Committee for New- port Bay. The hearing on the application of the Newport City Council for the Newport Harbor Yacht Club has been tabled pending review of such application by the Joint Harbor Committee. I understand that the next meeting of the Committee is June 8, 1971. My inquiries concerning the Committee are as follows: 1. Are there available published rules and regulations by which the Joint Harbor Committee operates and, if so, where can copies of same be obtained? 2. Is the hearing,or meeting of the Joint Harbor Committee open to the public and may private citizens present their views on matters being reviewed by the Committee at such hearing or meeting? 3: When is it anticipated that the Joint Harbor Committee will review the subject application and when is it anticipated that such review will be'completed? 4. May the positions and views of private citizens be submitted in a written form to the Committee for its consideration and, if so, in what manner should this be done and to whom should it be directed? MESERVE; MUMPER 8 HUGHES CITY OF NEWPORT BEACH May 17, 1971 Item No. E71 TO: MAYOR AND CITY COUNCIL FROM: Harbor & Tidelands Administrator SUBJECT: HARBOR PERMIT APPLICATION NO.,116-720 APPLICATION TO: Construct 110 feet of bulkhead and fill out to the U...S. Bulkhead Line bayward of the easterly portion of the Newport Harbor Yacht Club located at 720 West Bay Avenue. APPLICANT: Newport Harbor Yacht Club. RECOMMENDATION: If desired, approve or deny Harbor Permit Application No. 116-720; or await recommendations of Joint Harbor Committee. SITUATION: The existing harbor facilities at this location consist of approximately 110' of bulkhead situated well behind the U.S. Bulkhead Line and a multiple slip float between this bulkhead and the U. S. Pierhead Line. Additionally, there is a small boat launching ramp attached to the existing bulkhead,and the upland area behind the existing bulkhead is used as a small boat dry storage area. DISCUSSION: Newport Harbor Yacht Club now desires to construct a bulkhead on the U. S. Bulkhead Line and fill behind it, as shown on the attached sketch, in order to increasetheir dry boat storage capability. The proposal is consistent with Harbor Permit Policies, but it is brought before the Council because it is viewed in the light of a commerical permit and because of the scope of the project. The application was submitted to the Joint Harbor Committee on 11 May and was held over until their next meeting in June at the : recommendation of Harbor Commissioner Robinson who stated that he had asked the County Counsel for an evaluation of applying prescriptive rights actions to the beach area bayward of the existing bulkhead. Residents within 300 feet of the proposed work were advised of the application on 5 May. One letter has been received opposing the application on the grounds of ecology (Substituting a bulkhead and fill for a sandy beach), noise (caused by halliards slapping masts) and the possibility of affecting the public beach along Buena Vista Boulevard (collection of debris) Other residents have visited the office for information, but have not expressed firm pro or con positions. The lawyer for the persons Mayor & City Council 5/17/71 Pg. 2 immediately adjacent to the proposed construction has expressed his intention of appearing before the Council in opposition to the application. If approved by the City Council, a Corps of Engineers permit will also be required. G. M. DAWES GMD/db Attachment 799 Meal 71 aI3 fluenue Balfina, California 92651 May 15, 1971 City Counce City o4 Newpotit Beach, Newpotr t Beach, CaP 4 . Gent,temen: I am a ptwpetrty-owner on west Bay Avenue, Balboa. I would Zike to go on tceeond a6 being against Hanbon PeAm-i t AppZi.cati.an #116-720, 4otc the constAuction o4 additional bulkhead at the Newpotrt Haatcbotc yacht Club. I am 5 uAe that this ptco j eat would cause additional auto and pedeztxian ttca�4ic in an area that .cis ptr ima'c.Uy tceaident&Z, and a?tceady ovetc-bu&dened in th iu6 way. I am a so, in pki.nci.ple, against any additi.onak buP-k- heading in any pant o4 the Bay jotc pu&ety ecologicaZ nea3 ons . Thank you. 6otc youA eows.cdexation o6 my tcequetst.. youAz vetcy ttu.Qy, A. B. Wh-ite,-Jn. JAMES CHALMERS WRIGHT 1971 SHERWOOD ROAD / SAN MARINO, CALIF. 91108 z a a01 L j ;j INVESTMENTS ;I PROPERTY MANAGEMENT PHONE l 684-7643 D. S. ALLBRICHT 3766-B Elizabeth Street s RIVERSIDE, CALIFORNIA 92506 May 11, 1971 The Mayor and Council City of Newport Beach 3300 Newport Blvd. Newport Beach, Calif. 92660f l Gentlemen: Mrs. Allbright and I desire to go on retard that we oppose the granting Of a permit to the Newport Harbor Yacht Club as per "Harbor Permit Applica- tion 116-720. We enclose COPY of a letter to Mr: G. M. Dawes that sets out.fn detail some of our reasons. We trust and hope that you see fit to deny the permit. Sincerely, Theresa libright r�1 D. S. Allbright P-S: We own property at 711 West Bay Avenue, our summer home. ri, bateCOPIES SENT TO: t. MNcot ?'.tis`.�,' C g ,, L_I t'n•.w Works Directol ! IJirec4oS fS _= we r ; i. a ;' INVESTMENTS PROPERTY MANAGEMENT D. S. ALLBRIGHT 3766-B Elizabeth Street RIVERSIDE, CALIFORNIA 92506 May 10, 1971 Mr. G. M. Dawes Harbor and Tidelands Administrator City of Newport Beach 3300 Newport Blvd. Newport Beach, Calif. 92660 Dear Mr. Dawes: Re: Harbor Permit Application 116-720 PHONE 684-7643 I own a home at 71.1 West Bay Avenue in Balboa, California, which is sit- uated directly accross the street from the Newport Harbor Yacht Club and desire to, through this letter, strongly oppose the approval of a permit to the app- licant for construction of a 110 foot bulkhead as requested. A few of my reasons for opposing the approval of and granting a permit are as follows: 1 - The ecology of the subject area could be effected because of having a bulkhead instead of the substantial sandy beach area as at present. 2 - Additional clanking noise created by halyards contacting masts would be a great nuisance. We now have the problem and do not desire to have it increased. 3 - There is a possibility that the public beach area at Buena Vista Blvd. and Bay Avenue could be effected through debris collecting there or nearby and creating bad water. We earnestly request that the application. (116-720) be denied. Sincerely, "D. S. Allbrig DSA/h CC - Mayor and council Burr White PETITION The undersigned residents and/or property -owners do hereby petition the City Council of the City of Newport Beach to deny Harbor Permit Application m116-720 pertaining to the construction of 110 feet of bulkhead on the easterly portion of the property owned and occupied by the Newport Harbor Yacht Club at 720 West Bay Avenue. Constant enlargement of the Yacht Club facility is becoming an in- creasing problem to a neighborhood which is supposed to be generally residential. Proposed project would more than double the present storage capacity of this boatyard. Additional boat storage will in- evitably bring additional automobile traffic. The proposed bulkhead would produce water areas where tidal circu- lation would be almost negligible, causing the deposit on beaches, of refuse and debris,'and spoiling existing swimming beaches. Dry storage of boats with aluminum masts are a neighborhood nuisance because of the slapping and clanging of halyards in the wind. Bulkheading is generally accepted as being detriment.l to marine life and further deprives the bay of the filtering, cleansing action of sandy beaches. DATE SIGNATURE 5 71 4'z 5/ 1,RV71 5 71 5/i3 /71 5 71 5/ J3171 5 1 . 71�- i 5 ?71 ✓P �, Cam. C.d ADDRESS G / 41/l���i�/Jj t 611-ge " X-Z' �'- x ze y7co 1 '�%1✓�/✓, iiQ ���LtrG� CJ 141 h AA �J j` PETITION The undersigned residents and/or property -owners do hereby petition the City Council of the City of Newport Beach to deny Harbor Permit�'`- Application `llb-720 pertaining to the construction of 110 feet of bulkhead on the easterly portion of the property owned and occupied by the Newport Harbor Yacht Club at 720 blest Bay Avenue. Constant enlargement of the Yacht Club facility is becoming an in- creasing problem to a neighborhood which is supposed to be generally residential., Proposed project would more than double the present storage capacity of this boatyard. Additional boat storage will in- evitably bring additional automobile traffic. The proposed bulkhead would produce water areas where tidal circu- lation would be almost negligible, causing the deposit on beaches, of refuse and debris, and spoiling existing swimming beaches. Dry storage of boats with aluminum masts area neighborhood nuisance because of the slapping and clanging of halyards in the wind. Bulkheading is generally tccepted as being detrimental to marine life and further deprives the bay of the filtering, cleansing action. of sandy beaches. DATE SIGNATURE ADDRESS 5 71 r 5 13, 71 5 71 5 71 5 71 5 71 5 71 PETITION The undersigned residents and/or property-o,,rners do hereby petition the City Council of the City of Newport Beach.to deny Harbor Permit Application 7116-720 pertaining to the construction of 110 feet of bulkhead on the easterly portion of the property owned and occupied by the Newport Harbor Yacht Club at 720 West Bay Avenue. Constant enlargement of the Yacht Club facility is becoming an in- creasing problem to a neighborhood which is supposed to be generally residential. Proposed project would more than double the present storage capacity of this boatyard. Additional boat storage will in. evitably bring additional automobile traffic. The proposed bulkhead would produce viater areas where tidal circu- lation would be almost negligible, causing the deposit on beaches, of refuse and debris, and spoiling existing swimming beaches. Dry storage of boats with aluminum masts are a neighborhood nuisance because.of the slapping and clanging of halyards in the wind.. Bulkheading is generally accepted as being detrimental to marine life and further deprives the bay of the filtering, cleansing action of sandy beaches. DATE 5/ /,2,/71 5 7;, 71 5 7. 71 SIGNATURE ADDRESS Y Z IV Cam' r 7/ T 5 71 a ..a,: V 5 71 5 71 PETITION The undersigned residents and/or property -owners do hereby petition the City Council of the City of Newport Beach to deny Harbor Permit Application 7#116-720-pertaining to the construction of 110 feet of bulkhead on the easterly portion of the property ownedandoccupied by the Newport Harbor Yacht Club at 720 West Bay Avenue. Constant enlargement of the Yacht Club facility is becoming an in- creasing problem to a neighborhood which is supposed to be generally residential. Proposed project would more than double the present storage capacity of this boatyard. Additional boat storage will in- evitably bring additional automobile traffic. The proposed bulkhead would produce water areas where tidal circu- lation would be almost negligible, causing the deposit on beaches, of refuse and debris, and spoiling existing swimming beaches. Dry storage of boats with aluminum masts are a neighborhood nuisance because of the slapping and clanging of halyards in the wind. Bulkheading is generally accepted as being detrimental to marine life and further deprives the bay of the filtering, cleansing action of sandy beaches. DATE 5 14 -/'7 1 5//V71, 5 11;1i / 71 51/2 /71 5/ /71 Y 5/.,,,-;/71 5/ /71 5/ /71 O 51 Z71 5/ /7 1 5LI-LI71 K-PT SIGNATURE ADDRESS F �.� ,�, I zo 71:7z L! MESERVE, MUMPER a HUGHES MESERVE, MUMPER 8 HUGHES Nonorable City Council City of Newport Beach _ Newport Beach, California / Gentlemen: I am a long-time resident on Buena Vista Boulevard, and as such feel impelled to request denial of the application of the Newport Harbor Yacht Club to insaall additional bulkheading at their facility on West Bay Avenue. Ecological considerations, additional traffic, and potential noise, are my basic reasons for this request. Sincerely Earl G. Corkett 304 Buena Vista Balboa,,California olf, r 3 - N 0 T I C E; N 0 T I C E N_O '' I C E Harbor Permit Application 116-720 The Newport Harbor Yacht Club has applied to construct 110' of bulkhead and fill out the U - s. Bulkhead Line bayward of the easterly portion of their property.This proposed construction would be to provide additional dry boat storage area. The City Council will consider the application at its regular meeting co cing at 7:30 p.m., May. 17, 1971. Interest person are invited to attend or to communicate wi the un ersigned. G. M. DAWEs Tidelands _ arbor & T Administrator U. S. Corps of Engineers Post Office Box 2711 Los Angeles, California 90053 Attention: Waterways Control Section Subject: Harbor Permit Application No. 116 ` 7,0 Dear Sir: I hereby request a U. S. Corps of Engineers' Permit for the construction and installation of a bulkhead with return walls and appurtenances thereto, to be located.in Newport Bay, bayward of Lot No 2,3,415 Block No. , Tract 884 , Newport Beach, California. I am —tH owner of the aforementioned property, and I have made application for a Harbor Permit to the City of Newport Beach. The adjoining property owners are: Lot, 1 Block ,q Tract w8. -7 Mrs. Shirley reserve Lot; 6 Block Tract 4/0. Newport Harbor Yacht Club 700 West Bay Avenue 720'West Bay Avenue Palboa, California _ _ _ _ Balboa, California Date 4Z- / 2 - 7) Enc. Plans dated l-/—/2-7/ 1.Sepia 4 copies Respectfully submitted, f Kr —Balboa-. CITY OF NEWPORT BEACH APPROVAL The Harbor and Tidelands Administrator of the City of Newport Beach has reviewed Harbor Permit application by and subject to the approval of the U. S. Corps ot Engineers, will issue Harbor Permit No. G. M. DAWES Date -5- -10 -71 Harbor &, Tidelands Administrator cc: May 10, 1971 I'Ar. Wendell Reese 'Waterways Control. Section U. S. Corps 69 Lnglnoers Post Offico !sox 27,11 -Lou Angeles, califorriia 90053 Ocar Weadell: The Aaebor Permit &pplicatioas listed i�elhave not yet received approval from t1te City; but iu order to expedite permit procedures, I am forwarding Use to yam. at this tii;'o for your information. The City Couracil will hear eiese applications on iqay 17, 1971, and I will info= -.you asto their decisions irAue- diately following that date. 11opefully you will hava laad au Opportunity to review the applications, and the Corpsapprovals can be obtained quickly. Linclosea are, the following liarbor Permit Applications t UatrDor rentdt Application !40. 135-121 Harbor Permit Application tics. 434-3407 harbor Permit Ap-D �lication 46. 441-4004 iiarbor Pe=iit Application No. 11:6-72.0 Yours truly, DONALD S. SANVORD fiaebor 4 Tidelands A L),SAS/db Lziclosures (4) 0 The following is an excerpt from the Minutes of a Special Meeting of the Incoming Board of Directors of Newport Harbor Yacht Club on December 6, 1953: "The following letter, written by Staff Commodore Meserve to Staff Commodore Lewis was read: November 12, 1953 ' Mr. Walter K. Lewis 2490 Prince Albert Drive Riverside, California RE; LOTS 2, 3 and .4`of Tract 710 NEWPORT BEACH, ORANGE COUNTY CALIFORNIA Dear Walter:, Confirming our telephone conversation on the above subject, I have concluded negotiations with the Trustees of Albert Soiland Cancer Foundation to purchase all of the property owned by the Foundation, being Lots 1 to 4, inclusive, of Tract 710 of the City of Newport Beach, and am retaining for my use Lot 1. Therefore, in accordance with previous conferences with the respective officers and directors and yourself, I am willing to sell to the Newport Harbor Yacht Club Lots 2, 3 and 4 of Tract 710, by their correctand proper legal description. Each of said respective lots has a front footage of 35 feet, and technically the title to each respective 1ot goes to the official bulkhead line. The following is the price to be paid the Trustees of the Foundation for each lots Lot 2 . . $12 453.00 Lot 3 . . . . . 13, 328.00 Lot 4 . . . 14, 203. 00 TOTAL $39, 984.00 The .price of the respective lots was fixed by an independent appraisal made jointly by Louis W. Briggs, Ralph P. Maskey and Howard Irwin, a State Inheritance Tax Appraiser. It was on the basis of such appraisal that the Trustees of Albert Soiland Cancer Foundation, independentofthe writer, fixed° the purchase price of the property, which.I have obligated myself to pay. I am enclosing a reap of Tract 710, which shows the respective Tots, which map was removed from the appraisal book. It .is an old map and the appraisers have apparently roughed in the bulkhead line. I have verified by a recent' survey, however, that each of said respective lots has a front footage'of 35 feet. In order to negotiate the transaction with the Trustees, it is impossible for me to do other than carry $20, 000.00 of the obligation.` In other words, tos handle the matter I will have toreceivefrom the yacht club $19, 984.0`0 in cash, and the balance of $20, 000. 00 I will be willing to take on a deed of trust payable on or before five years, with interest at the rate of 50/0 payable quarterly. I trust the foregoing is satisfactory and will appreciate your early advice. Cordially yours; /s/ Shirley. E. Meserve After full consideration by the Directors of the letter from Staff Commodore Meserve, of November 12, 1953, to Staff Commodore Lewis, a motion was made by. Vice Commodore Harry Mann, seconded by Director Charles Schimpff, that it be recommended by the Board of Directors to the Planning Commission that the property be purchased on the terms set forth in the letter, or such. other terms as the Officers may work out with the vendor, but not to exceed the offered price of $39, 984.00, and that the Planning Commission advise the Board of Directors as soon as possible of its action on the recommendation, and that a joint meeting be called with the Planning Commission and the Board of Directors for ten -thirty a.m., Sunday, December 13, 1953., for further consideration of details with respect to the purchase and development of the property. The motion carried unanimously." Marshall E. Niedecker, Secretary ------------------------------------ Excerpt from the Minutes of the Regular Meeting of the Board of Directors of the Newport Harbor Yacht Club on December 13, 1953; "The meeting reconvened attwelve noon, with all present with the exception of Rear Commodore Pearcy. Present also were Staff Commodores Walter K. Lewis and D. W. Elliott. After discussion, the Board of Directors, having been advised by Staff CommodoresLewis and '.Elliott that the Planning Commission approves the acceptance of the offer made by Staff Commodore Meserve, made in a letter dated November 12, ' 1953, which letter is set forth in the minutes of the Board of Directors meeting of December 6, 1953, and the Directors having fully considered the matter, it was moved by Director Schimpff;and.seconded by Secretary Niedecker that, the proper Officers of the Newport Harbor 'Yacht Club are hereby authorized to open an escrow for the purpose of acquiring said property described in said letter, on the terms set forth therein, or such other terms as the Officers may work out with the vendor, at a,price not to, exceed $39,984.00. The motion carried unanimously..." Marshall E. Niedecker, Secretary 2_ Excerpt from the Minutes of the Regular Meeting of the Board of Directors of Newport Harbor Yacht Club on January 3, 1954: "Commodore Sheppard informed the Board -the Club hoped to be able to enter into an escrow this coming week with Commodore Meserve for the acquisition of the Soiland Property. There was general discussion and comment of the ways and means :of raising the necessary funds to finance the project, and the various plans for the use of the property. Upon motion by Mr. Hurndall and duly seconded,. it was resolved that, upon the opening of the escrow for the purchase of the Staff Commodore Meserve property, that a letter be sent to all members of the Club stating the action that the Directors have taken in the purchase of the property, and setting forth a date at which a dinner will be given for the purpose of soliciting funds for the completion of the property. The motion was carried unanimously. Marshall E. Niedecker, Secretary ---------------------------- Excerpt from the Minutes of the Regular Meeting of the Board of Directors of Newport Harbor Yacht Club on February 7. 1954: "Regarding the acquisition of the Soiland property, Commodore .Sheppard reviewed plans to date. Commodore Mann explained the plan for building slips, and moved °that, the Board recommend to the Planning Commission .that we proceed with the construction of slips as per the plan described to the membership at a special meeting of Saturday a week ago. The motion was seconded and carried. Mr. Schimpff explained how the notes would be procured against the property and the technical details of payment by the Club. After full consideration of various methods of financing the purchase of the 10.5 feet of bay front property adjoining the. Club properties on the east, and the Board having been advised that a Permit from the Commissioner of Corporations. of the State of California would be -required if any offering was made of Club notes to the. Club members for the purpose of financing the purchase of said real property, it was moved by Mr. Crary that the Commodore and Secretary of the Club are authorized and directed to execute and acknowledge on behalf of the corporation such Application for Permit to issue securities in the form of notes, in accordance with the provisions of the Corporate Securities Act of the State of California, as shall be prepared by the attorneys for the Newport Harbor Yacht Club to obtain permission from the Commissioner of Corporations to issue securities in the form'. of notes payable on or before ten (10) years from the dates thereof, said notes to be offered for sale or sold to members of the Newport Harbor Yacht Club only, and to be transferrable or _3 assignable only to members of the Newport Harbor Yacht Club or by operation of law; said notes to provide that the security therefor to be only the real property being purchased from Shirley E. Meserve,• said property being 105 feet of bay front real estate adjoining Club properties on the east thereof, formerly known as a portion of the "Soiland Property'', and to further provide that they are without recourse as to the Newport Harbor Yacht Club with respect to any unpaid balance which might remain after the security for said notes is exhausted. Said notes to bear interest at the rate of 3% annually, payable semi-annually as of July 1, and January 1. That the funds obtained from such members as purchase of said notes shall be used for the purchase by the Newport Harbor Yacht Club of said 105 feet of bay front real estate and the improvement of same. The motion was seconded and unanimously carried. A discussion was had relative to the handling and disposing of ,any contribu- tions made by members of the Club toward the purchase of the 105 feet of real property adjoining the Club on the east, and on motion duly made, seconded and carried, the Commodore and the Secretary were authorized and directed to establish a Trust to be known as the "PROPERTY FU1\TD TRUST"; that members of the Newport Harbor Yacht Club, and each of them, be requested to make voluntary contributions to said "PROPERTY FUND TRUST" in the sum of $2.00 per member per month; that said trust fund, the assets of which shall consist solely of any such voluntary contributions, to be ,first used for -the payment of indebtedness of the Newport Harbor Yacht Club on such notes as may be issued to members of the Club to acquire funds for the purchase of the 105 feet of bay front property adjoining the Club property on the east, and for the payment of taxes, upkeep and improvement of said real property. Vice Commodore Harry. A. Mann Secretary pro tem ------------------------------------------------- Excerpt from the Minutes of the Planning Commission of the Newport Harbor Yacht Club on February 21, 1954: "Commodore Sheppard gave a brief resume of the status of the escrow of the ,acquisition of the Soiland Property, and the amount to date which has been underwritten by members of the Club. Vice Commodore Mann and Mr. Patterson exhibited various plans for slips to be installed off from the property, and explained the costs of same. Mr. Harold B. Stewart exhibited a drawing of the front of the Club property at present, showing the location of the variousfloats.. and explained his idea of utilizing the floats for ,small slips. -4- Staff Commodore Rutter moved that "Plan C" be adopted, if and when reservations for at least 12 slips are committed. ,The motion was seconded by Staff Commodore Fulmor and carried unanimously." Excerpt fromthe Minutes of the Regular Meeting of the Board of Directors of Newport Harbor Yacht Club on March 7, 1954:. "Treasurer Crary informed the Board that the application for a permit has been filed with Corporate Commissioner. Mr. Crary moved that if the Commissioner requires it, that the Commodore and Secretary be authorized to issue an unsecured note to. Staff Commodore Meserve for the full amount of the property for the purpose of receiving title to the property in the Club's hands so that it may be put up as security for the notes. The motion was seconded by Mr. Schimpff and carried. Vice Commodore Mann reported the Club has received an extension to April 1 from Staff Commodore Meserve for the escrow. Mr. Crary moved that the Trust Agreement, which is "Exhibit E" in the Application for Permit to Issue Securities, be approved and that the Commodore and the Secretary be authorized to issue same. The motion was seconded by Mr. Niedecker, and carried. - After general discussion of the ways and means of collecting the money pledged for acquiring the property, and further contributions from the member- ship, it was moved that the Treasurer be authorized to send out a letter immediately upon receipt of the Permit from the Commissioner, asking that the money that has already been pledged be contributed. Immediately following the letter, an announcement be sent to the remaining membership explaining in detail the plans for the property, including the building of slips, the manner in which the money will be repaid, the interest -rate and further contributions. Accompanying the above letters is to be a .brochure showing, the proposed plans. The motion was seconded and carried. " ................. "Vice Commodore Mann read the two bids which had been received for erecting a fence along the 105 feet of Soiland property. It was moved, seconded and carried that the lower bid of Tommy Johnson be accepted, and that the kind offer of Staff Commodore Meserve, who has offered $400.00 towards the cost of the fence, be accepted, and that the Club allow $230.00_towards the cost of the fence, and that the work be started immediately, : and a letter of thanks be written to Staff Commodore Meserve for his gift. " Marshall E. Niedecker, Secretary Excerpt from the Minutes of the Regular Meeting of the Board of Directors, of Newport Harbor Yacht Club on April 4, 1954; "Vice Commodore Mann reported on the date of the slips up-to-date. He informed the Board two bids had been received for the building of the slips, one from Croft and Neville, and one from Trautwien Brothers. Mr. Patterson has submitted an application to the City, which will be acted upon as soon as the permit is "received from the Harbor Commission. Commodore. Mann also informed the Board the float previously located by the hoist and running to the Noncalm Pier had been broken up and would have to be replaced. Treasurer Crary reviewed the data on the Meserve property. He informed the Board the Club had received the permit for the issuance of notes from the Division of Corporations and also the permit for the issuance of membership certificates. Captain Brown informed the Board of a proposal of Mr. Logan, for financing the purchase of the property, and after discussion of the proposal.t was moved, seconded and duly carried that we proceed on the basis originally planned, and postpone action on the Logan proposal until it was determined whether the pledged funds would come in. There was general discussion on the brochure and letter to go to the general membership, and the following steps were recommended: 1 - To collect the pledged amounts. 2 To contact the members who had signified their willingness to lease slips, and inform them of the plan to collect two years rental in advance. 3 - To contact the entire membership for additional pledges for the purchase of the property. " Harold W. Pearcy, Secretary pro tem -------------------------------------------------------- Excerpt from the Minutes of the Regular Meeting of the Board of Directors of Newport Harbor Yacht Club on May 2, 1954; "Commodore Sheppard reported on the subscriptions to date, received for the purchase of the Soiland property; that the papers would be filed with the escrow company on Monday; the notes would be issued when the deed to thepropertyhad been recorded in the name of the Club. He also informed the Board of the two members who wished the notes in the name. of their companies, and it was the general consensus of opinion that the check for $500. 00 should be returned to the Wilmington Boat Works.. The check of Mr. Symes would be accepted and he would be issued an unsecured note from the Club, in orderto retain his subscription. It was moved, seconded and duly carried that the officers be authorized to deposit the note in escrow payable to Commodore Meserve for the amount of the purchase price plus escrow, fees and taxes, and also to deposit the trust agreement which has been authorized, and to issue .the notes as provided in the permit, as well as an unsecured note to. Jack Symes Motors, Inc. in the amount of $8, 000. W. Marshdll E. Niedecker. _Secretary Excerpt from the Minutes of the Regular Meeting of the Board of Directors of Newport Harbor Yacht Club on July 11, 1954: "Commodore Sheppard informed the Board the Commodore Meserve had mentioned to him the possibility of future problems regarding boats trespassing over his property. It was suggested that Commodore Sheppard talk with Mr. Patterson regarding this problem, and then meet with Commodore Meserve. The Commodore reported to the Board that the Planning Commission had appointed Commodore Lewis as Chairman of a committee to prepare an over-all master plan for the Club. They have authorized Mr. Patterson to make a plot plan of the Club property, and it had been suggested that Mr. Ellerbroecke, a local architect be approached concerning employment on a consulting basis. Marshall E. Niedecker, Secretary Excerpt from the Minutes of the Regular Meeting of the Board of Directors of Newport Harbor Yacht Club on July 31, 1955: "The Board- considered the letter request of Staff Commodore Shirley E. Meserve re resolution evidencing that the boats of Club members moored at Club slips passing over portions of Lot 1, Tract 710, owned by. Mr. Meserve, is not intended to result in establishing a permanent by prescription or otherwise. On motion duly made and seconded, the following resolution was unanimously adopted: tIT IS HEREBY RESOLVED by the Board of Directors of the Newport Harbor Yacht Club, that the passing of boats in waters covering, a portion of Lot 1 of Tract 710, Newport Beach, California, iowned by Shirley E Meserve, is with the consent of Shirley E. Meserve in so far as concerns the passing of boats owned by the Newport. Harbor Yacht Club or members of said. Club over said property, and that the use of said property by the Newport Harbor Yacht Club and its members in utilizing the slips owned by said Club adjacent to Lots 2, 3, and 4, Tract 710, Newport Beach, is not adverse to the title of Shirley E. Meserve in said Lot 1; Tract 710; and, that no rights or interests are being asserted by the said Club or acquired in such use by way of prescriptive easement of otherwise. That this resolution shall be in full force and effect until such time as written notice of its revocation shall be given by the Club to Shirley E. Meserve.``' Phyllis Williamson, .Assistant Secretary ------------------------------------------------------ Excerpt from the Minutes of the Regular Meeting of the Board of Directors of Newport Harbor Yacht Club on January 6., 1957 "The removal of slips on the east. side of the Club property to allow Staff Commodore Shirley Meserve to build a pier and float, was discussed and Commodore Crary. advised that he had checked with Mr. Pat Patterson. 1 Mr. Patterson had advised that it would be more economical to remove just one of the slips; thereupon, the matter of which slip should be removed was brought to the Boards I attention by Mr. Farr. Commodore Crary advised that he would notify Mr. Jack Symes, owner of the "Jacomar", that it would be necessary to remove his slip as of April 1, 1957. Mr. Edler stated that he thought it only fair that Mr. Symes have priority for any slip that might be available in the future. Commodore Allen moved that the matter be handled in the manner. as outlined. Motion was seconded by Mr.Collias and carried. Edward G. Warmington, Secretary ----------------------------------------------------------------- Excer,pt from the Minutes of the Regular Meeting of the Board of Directors of Newport Harbor Yacht Club on September 8, 1957: "Commodore Crary read memorandum signed by Staff CommodoresWalter K. ,Lewis and James C. Sheppard relative to the property purchased from Staff Commodore Shirley Meserve: (Negotiations,for the acquisition of the Meserve property were initially conducted by Staff Commodores Meserve and Lewis, and at the concluding stage with Staff Commodore Sheppard.. 1. Prior to committing himself to the sale of the property, Staff Commodore Meserve suggested imposing certain conditions in the deed as to use. He was prevailed upon not l,o' do so, upon the assurance that the Club, during his lifetime, would respect his wishes concerning the use of the property. 2. There was no objection to the installation of the dock and slips provided that adequate space was left for manuevering any boat which Staff Commodore Meserve might acquire. 3. There was no objection to the development of the easterly portion of the property for housing. 4. There was objection to the use of the easterly portion of the property for volley ball courts and a play area,; as well as any development which would cause loud or unusual noise.' 5. It was represented to Staff Commodore Meserve that the Club would always conduct itself as a good neighbor. 6. It should be remembered that the purchase price for this property was far below its actual value and that both parties dealt with each other upon the basis that there would be a ;continued disclosure in complete frankness of plans for the development of the property. /s/ Walter K. Lewis /s/ James C. Sheppard'" Edward G. War.mington, Secretary ,.' PERMIT NO. DREDGING APPLICATION Project Location: 720 W. Bay Ave. Cubic Yards to. be Dredged: 40 Method of Dredging: R�riTs�t�l i n C1�r1-i nr� Nature of Dredged Material: Sgr�r} Iai t Disposition of Dredged Material: t-"grgnort to beach reclamation method of Material. Disposition: Pp ael{ ne transport T=bidity Control Method: RPr9a-vr►P a i 'Tal Mel tZ _ Effect of dredging on contiguous bulkheading and beaches Reinforce/trotect bulkhead -restore sand to derleted beach Ir Mark Sites , hereby state that I have read the U. S. Army ( print name) Cor~s of Engineers permit for maintenance dredging in Newport Harbcr, the City of Newport Beach and. Orange County Harbors, Beaches and Parks District (if anplicable) pernit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredg rc will not occur because of any altering of existing use of the affected zone. Newport Harbor Yacht Club Aap .Leant -type name) Contractor -type narre) 4/l o/f97 Signed: (Date) Contractor's Representative' ICITY—OP M-EWPORT BEACH HARBOR PERN.A.141T HET --E,:l TRUCT Amu pERmiSSION IS TO doK.r, jCtV27,,6 R PSE HE EOF MAINTAIN THE FACM-ITY , 7 T." Of AT THE S4TE SEACH AMZ� THE MARE',0R- ANY spr-CZAL is tdoT TW THE C."Ty ;11,111k "Z.17 CO. RaGHTS G"VEN C�Ve COUNC�i 'j AND THM PERTMV� �J,,-'We.AL CODE- cr IN ACCORVIAN'" V" --jOr cisi FIT MO. SPECIAL CONMIIIONS: " corps, Gi Enggnaelfs permit At, o 'E or g" Cvuntj Pa-rmit -7- PERMIT ISSUED SUBJECT- To DIR[FDGE MATERIAL SEING 4JLED To ssA PLACED ON SEACH 9 ftEN01P OrRT 'H)A.R 8 'HT March 22, 2002 Mr. Tony Melum, Director Harbor Resources Department City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 FAX (949) 723-0589 Dear Tony, Newport Harbor Yacht Club is hosting three major sailing events in April and requests the use of the public water space at the end of the 8th street alley for this purpose. The three events include the United States Yacht Club Challenge, the Ahmanson Cup and the Newport to Ensenada Race. The dates of these events are as follows: U.S. Yacht Club Challenge April 1 - 4 Ahmanson Cup April 20 — 21 Newport to Ensenada Race April 22 — 26 The Newport to Ensenada Race requires use of all available water space for five days leading up to the start of the race, April 26th If there is any additional information you need specific to these events, please contact our D ockmaster, Bob Ledbetter at (949) 723-6878. Thank you i1i advance for your consideration. Sincerely, Dennis M. Conneall , CCM General Manager Cc: Bruce Stuart, Commodore Phil Stemler, Port Captain * *- I I YA 0 e- 5/1 7- �/'/) 7--� HARBOR RESOURCES M CITY OF • ORT BEACH 720 WEST BAY AVENUE, BALBOA, CALIFORNIA 92661 • TELEPHONE (949) 673-7730 9 FAx (949) 673-3972 R.AFAQ REFLEL7,ot ?]hit , o reflective i�'aterial C �L o25 i v ! TIP AaTJ Fovj-l.u6. F y ` p i11 N..E.W-P.0'.�'T- H.AR,B O,R '(A C'H,T' C L.0 B, 720 W C S T BAY A V E N U D j`'i1 4 ^ ^ B A L 3 0 A CALI FOR N IA T[L, 171,G) 673.7730 December 14, 1979 SPAR sucW NHYC OLYMPIC CIRCLE MARK LOCATION I'R" -%�01330 35' 12" - �4 1170 58' 611 11-r" -.W330 35' 4211 - N 1170 58' 51 " "V" -W330 �.,36' 27" - W170 59' 0011 "W" -W330 '37' 3" - N111'70 58' 24" "X" -W330 37.' 12" - N 1170 57' 3011 "Y" -W330 36' 45" - N 1170 56' 45" "Z" -W330 36' 00" - N 1170 56' 36" , 4"p3, soul'tL"k0'ek3�1 is NARY PIERCE RAQ) A 1\r;"✓\ \�31�"\� er" `�i+.�r"�(,y��"ry1�� {"i�:�w1rC'�i� Y�r!. I_ 1: - 1.1 A :'T'T. ILL 1 1 4TANK JJ I_1 T 1 L1 I C 1 T L l t Z r.r.T 7-7' db°toa Rro / r 1. ° ` CGS'\�MAGNr 4. . f Alft CP 1' 33° f " t 19 '9 7 • 1r 4d 34 \ ``� ! /.1. 1 % " My �$� 1 g 41., . I , / ''�-� ,r,rar,or�a.r,g b vp CotAsti �; rvyrr.er r 1 re .dt HORN ` Tful INGTOiT N B>SAC 7 i "Cr. 0 41 640 II 9, 71 e9 si \ '4$ BT CRI1 b `� Po-,r �c i �� IQ4 1 B �Ti. •6� • N`c 8' � R � ' 41 2e Qt MM o MTV t0 S 11 104 1y ) Sa 41 .' +•� (k•.�. % w9 I S ,•, "I® to IS 14 1 \ �-r .tp• 4 "� HMO p SE Plat li 17 16 , S \1 \ l ldii�e,�,.. r , @' X 44 �'' rdD 1S 10 S'NV' r �y.�TaAe t�W •� .5"� 13 ,t'� @ 4 ` .pow `4 tl le 7 �• , I:t a] J2.1 17 I6 IS29 tea wb 1? wb 12 t si 3 NC IT• wa f 30� 7 8' ��•.. �.Ir.M � (�/qr.r anrd '�-•�.2 a s`Nd• \` \, _ •C�'�'t 23 21 xQ er 19 67 +n" 19� r+.. ».., 1\ R• 1\ 13 ,' g •%yf� 1 , 21 i arrrlJCLL 1 tl7 �vj, 1 h i 1�1 43 26 as 2t 23 OE30" ►n 0 a+ ,� \,� 2S l---}-26U" _ n 69 JS w9 3v 30 29.f 28 \� S'BO' ' w CL J 5 116 `I 17 FN I 93 6 1 63 5 5690\ I31 \ Tp1 135 y 10 k -1 \ 46 60 lld R 1, o \ 1 89 let Zoa 92 "� 79 80 \ 87 127 122 162 161 1i® 175 143 ' 125 G3 atl 16o a too �r 16f; 143 1 191 \ 198 188 11 d 159 S 120 yCi ' \\ y1 v 1190 I94 17 IS@ 145 \ 17164 a� k 94 198" 3 , 196 174 174 ?f3 186'. 210 \� 324 216 CITY OF NEWPORT LEACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO TIME PROVISIONS Of THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AN[ ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMI" IS NOT TRANSFERABLE WITHOUT THE W6 .,TEN CONSENT O, THE CITY HARBOR COORDINATOR OR CITY COUNCIL. TH, RIGHTS GIVEN .UNDER THIS PE"rIMIT ARE PERMISSIVE OML r AND THIS PERMIT MAY BE REVOKED BY THE CITY COUNCII, IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. CITY HA/RW" COORDINATOR PERMIT SATE SPECIAL CONDITIONS: Corps of Engineers Permit Orange County Pernjl n OtheB i %:ZL7e �G c7 AUTHORIZED BY CITY COUNCIL CONSTRUCrry -it PEDINIT DATE ATTANED SHFrT