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HomeMy WebLinkAboutMiscellaneous - 1965-1967r� 4 Mr. John A. Blaich 2601 Bayshore Drive Newport Beach, California Dear Mr. Blaich: - August 10, 1966 The City Council at their meeting of August 8th, considered your proposal to buy the 124.02 square foot piece of proper- ty located behind your parcel at 1315 East Balboa Boulevard. I am pleased to report that the Council acted with favor on your request and authorized the staff to prepare an agree- ment of sale. We will be in contact with you in the near future when the necessary paper work has been drawn up to transfer ownership of this property to your name. JPD /mjc cc: City Attorney Tully Seymour Sincerely, JAMES P. DE CHAINE Administrative Assistant to the City Manager TO: CITY COUNCIL FROM: City Manager is CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER August 8, 1966 SUBJECT: SALE OF CITY PROPERTY TO JOHN A. BLAICH DISCUSSION Ij On January 11, 1965 the City Council authorized a Charter Amendment to sell the small 124 square foot triangular parcel of City -owned waterfront property located southerly of the westerly 30 feet of Lot 8, Block 22, East Side Addition to the Balboa Tract (behind 1315 East Balboa Boulevard) presently owned by John A. Blaich (please see attached sketch). This sale was of course approved by the voters in April, 1966. Mr. Blaich has offered to purchase this 124 square foot parcel for $1,188.00. This consideration is based on a unit valuation of $9.58 per square foot, the same square footage valuation for which an adjacent parcel was sold in August, 1963. As the City Council agreed on January 11, 1965 to sell this parcel to Mr. Blaich, pending voter approval of the sale, and since Mr. Blaich is the only logical party to which this property should be sold, it seems that the amount becomes the point in question. Mr. Blaich first offered to buy the property in December, 1963. Because he had to wait before the City was in a position to sell the parcel legally, it is his contention that he should not be penalized by having to pay more than the property was worth at the time of his initial offer. This argument has some merit. Furthermore, his offer of $9.58 per square foot is very reasonable. It is possible that if the small City parcel were formally appraised it might not, standing alone, have as high a valuation as the $1,188.00 he has offered. RECOMMENDATION It is recommended that the City sell the property in question to Mr. Blaich for $1,188.00, but require that he pay for all incidental closing and recording costs connected thereto. =Y L. HURLBURT HLH /JPD /mjc l a s • June 22, 1966 E r� r.- Mr. H. L. Hurburt, City Manager City of Newport Beach Newport Beach, California Dear Mr. Hurburt: At the suggestion of Mr. Seymour and Mr. Monson of your staff, I am offering to purchase 124.02 square feet of the city owned uplands, approved by the voters as Proposition 13 on the last election, for a total consideration of $1,188.00. This consideration is based upon the following: 1. A figure of $9.58 per square. 2. The property next door was transferred in August, 1963 (Escrow #202- 2071B, Bank of America, Newport Beach) at a price of $31,000 less $8,000 for the improvements - -or approximately $9.58 per square foot. It is noted that I contacted the City Attorney with an offer to purchase the small triangle in December, 1963. On January 11, 1965, the City Council agreed to sell the property to me, if the voters approved. This was approved in the April, 1966 election. Thus, I believe it is fair to base the selling price on 1963 values as the three -year delay was caused by circum- stances beyond my control. Very truly yours, rr J� ohn A. Blaich� 2601 Bayshore Drive Newport Beach, California JAB:ml cc: Mr. Seymour, City Attorney City of Newport Beach Newport Beach, California Mr, C. Monson, Asst, City Manager City of Newport Beach Newport Beach, California • June 22, 1966 Mr. H. L. lblrburt, City Manager City of Newport Beach Newport Beach, California Dear Mr. Hurburt: At the suggestion of Mr. Seymour and Mr. Monson of your staff, I am offering to purchase 124.02 square feet of the city owned uplands, approved by the voters as Proposition 13 on the last election, for a total consideration of $1,188.00. This consideration is based upon the following; 1. A figure of $9.58 per square. 2. The property next door was transferred in August, 1963 (Escrow 02$31,000 1B, Bank of America, N - -or Newport Beach) at a price approximately $9.58 per square foot. It is noted that I contacted the City Attorney with an offer to purchase the small triangle in December 1963. on January 11, 1965, the City Council agreed to sell Ue property to if the voters approved. This was approved in the April 1966 election. Thus, I believe it is fair to base the selling price on 1963 values as the three -year delay was caused by circum- stances beyond my control. Very truly yours, John A. Blaich '' 2601 Bayshore Drive Newport Beach, California JAB; ml cc: Mr. Seymour, City Attorney City of Newport Beach Newport Beach, California Mr. C. Monson, Asst. City Manager City of Newport Beach Newport Beach, California CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER August 8, 1966 TO: CITY COUNCIL FROM: City Manager SUBJECT: SALE OF CITY PROPERTY TO JOHN A. BLAICH 7) TgrttgqTnu On January 11, 1965 the City Council authorized a Charter Amendment to sell the small 124 square foot triangular parcel of City -owned waterfront property located southerly of the westerly 30 feet of Lot 8, Block 22, East Side Addition to the Balboa Tract (behind 1315 East Balboa Boulevard) presently owned by John A. Blaich (please see attached sketch). This sale was of course approved by the voters in April, 1966. Mr. Blaich has offered to purchase this 124 square foot parcel for $1,188.00. This consideration is based on a unit valuation of $9.58 per square foot, the same square footage valuation for which an adjacent parcel was sold in August, 1963. As the City Council agreed on January 11, 1965 to sell this parcel to Mr. Blaich, pending voter approval of the sale, and since Mr. Blaich is the only logical party to which this property should be sold, it seems that the amount becomes the point in question. Mr. Blaich first offered to buy the property in December, 1963. Because he had to wait before the City was in a position to sell the parcel legally, it is his contention that he should not be penalized by having to pay more than the property was worth at the time of his initial offer. This argument has some merit. Furthermore, his offer of $9.58 per square foot is very reasonable. It is possible that if the small City parcel were formally appraised it might not, standing alone, have as high a valuation as the $1,188.00 he has offered. RECOMMENDATION It is recommended that the City sell the property in question to Mr. Blaich for $1,188.00, but require that he pay for all incidental closing and recording costs connected thereto. RVEY L. HURLBURT HLH /JPD /mjc =i I. • O BALBOA 7 /V 70010'00 "W ,J m BL vo. 30' -1�- /0 ✓ .V U 2 t2 Q M.M. 4/2q O II LOT 8 I LOT �R 00 : -- rRyE Poo o j %✓r CITE' NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY C) ,dIlfED F'ROPER-Ty P.zYG 62� A� .J JeA 0 RIO OF E rI J �J wl NOTE REFfkENGE'% .PECORD 0� SURREY 600,e 80 04456c 46 DRAWN 41M DATE GC-; APPROVED ' l ASST: PUBLIC WORKS DIRECTOR R.E, NO 122q06 DRAWING NO. RIW' 5087-1, N 70 ° /0'00 �W 30` 7 /V 70010'00 "W ,J m BL vo. 30' -1�- /0 ✓ .V U 2 t2 Q M.M. 4/2q O II LOT 8 I LOT �R 00 : -- rRyE Poo o j %✓r CITE' NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY C) ,dIlfED F'ROPER-Ty P.zYG 62� A� .J JeA 0 RIO OF E rI J �J wl NOTE REFfkENGE'% .PECORD 0� SURREY 600,e 80 04456c 46 DRAWN 41M DATE GC-; APPROVED ' l ASST: PUBLIC WORKS DIRECTOR R.E, NO 122q06 DRAWING NO. RIW' 5087-1, Inde.r Y OF NEWT: + Nov;, ..... 2-7, 190 3. 1'ne- ,. _- interim audit : _port independent 9itors, Stotsenberi�. `,or the per _+ July 1, 1967 to dais- i their exami:..c. -.n -disclosed no except l( .. st Mo ,ity's financ.ia re:::. -is rdrr as examined, a.<. � received and vrc'crvd fifa4. i ADDITION.-i..- BUSINESS: ! 1, rr +: tanager .. ae authorized t0 `lvfwn tGY t!n 1";-:Chase of ^71 d1:.:e lor fFi .'" `.�i Aa= t-'An ut v .t, Hall. ( A' _. Changes in scope of wort. -_* rc. I ! ° :+1ect t;._onstruct new *_: �' o�.. ;. - - t,ne ±rurtl : king 1 )t at East Bay Avcn .ce an %! t ,gt._:n Stre t e appro =red; such char—es 'o p :3vj& a perm• Motion - -en- o-est room with additional ,:td Ayes' arc:air . .ural treatment to thr site a:, st awn t in P4:• hse;:' I i' No. ! dated November 47, 1967 asp epai ^ed +1,= the i Cit- staff and with estimated additional cost to the project to be $3, 000; and the City staff was dirt�cted to .v:irk with the Balboa merchants assut-iatior, in determining the most appropriate parking; lot r,peration and report back to the City C, arteil with f. staff recommen"tione at a subsequent instating. ! I 3. The staff was authorized to install a five. `os: :L asphalt ms M.: i s deu•alk along the north aide and the nest aide of the j+ Ayes lifeguard Headquarters to *.he new steps to the pier, and such work is to be accoinpt s eni bV Laity crews within the existing budget, not t,e:ceed $500. BUI)GF :7 AMF* DMF—NTS: i 1. The folioeeiiig Budget Amci:dmentt .vr.ra :;ppr- -:ved: Lion C -34, $679. 25 increase in Budget Appropriatior.F and i 3,..+ .. t a decrease in Unappropriated Surplus sO. extra I `.6 tc .8 In connection ith _.. n ^D6ra Py architectural services si i office building behind City Hall. C -7, $900 transfer of Budget Appropnat ?oa for drapes for portable building behir.A o : Unaapropriated Contingency ii.eservc to Zu13e Appropriations, Custodial and P. S.' rot+ :i a n : jFixtures. O C1 0 0 ti 13 0 E. - 7 r. DATE: 7 -24 -67 im SEE CA 49 0 SUB,7ECT: Ltr dated July 17, 1967 from the lrvine 'Terrace Home Uwnel5 HSSOClatlon Board Directors stating they are for t] expanded use of Irvine Terrace Park Win lmits oF-Gr—a-nT-DFeE was re erred to staff SUBJECT: Parks, Beaches and Recreation (ltr filed under) i ! CA 38 SUBJECT: Ir rinn Torrare pa�pk np6ai R,g&tP G ions Matter referred to staff to work with Association & come back to am SEE CA 49 PB &R (Filed Under) - ?� iCA SUBJECT: Request for entrance sign for DATE: 6 -26 -67 RE: Irvine Terrace Homeowners Association SEE C a "mac 7 J r SUBJECT: Irvine Terrace was approved and PWD authorized issue an encroachment permit in accordance with plot plan submitted. 6 0 Cn 3.V City Clerk February 20, 1967 CITY ATTORNEY City Clerk Attached is a certified copy of Resolution No. 6511 which authorizes the execution of a Grent Deed to John A. Blaich and a certified copy of Resolution No. 6510 which finds subject property unsuitable as a public beach or park. Also enclosed is an executed original and one copy of Grant Deed by which the City grants such property to John A. Blaich. I understand that it is now the policy to have the City record deeds in which the City is the Grantor as the Grantee so often does not follow through and does not send us the recording_ information. Will you either see that subject deed is recorded, or return to our office for handling. LL:ih Att: 0 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT February 10, 1967 To: The Honorable Mayor and Members of the City Council From: City Attorney Subject: Sale of City property to John A. Blaich On August 8, 1966, the City Council authorized the sale of a small triangular parcel of real property located on the Balboa Peninsula southerly of Balboa Boulevard between E and F Streets to John A. Blaich, the owner of the adjoining lot. Since the property being sold is adjacent to the beach, it is technically waterfront property and, therefore, a charter amendment was necessary to authorize the sale. Such a charter amendment was approved by the voters at the election in April, 1966. Before opening an escrow to complete the sale, it will be neces- sary to have the Council adopt the two resolutions which appear on the agenda, the first being a resolution pursuant to Govern- ment Code Section 37351 finding that the property being sold is not suitable for use as a public beach or park, and the second, a resolution authorizing execution of a deed conveying the property to Mr. Blaich. The first resolution requires six af- firmative votes for approval. THS:mec cc City Manager City Clerk Public Works Director Finance Director T (l S e Tully ly Se W( ymo� City Attorney COUNCIL: -J� 6 `1 fit - � s"/ C FILE:9_� itl To: From: Subject: i • CITY OF NEWPORT BEACH CITY ATTORNEY DEPAR NT City Clerk City Attorney February 10, 1967 Sale of City property to John A. Blaich Transmitted are the following: 1. A resolution which, if adopted by the City Council, will find that the City property being sold to John A. Blaich is not suitable for use as a public beach or park. 2. The original and two copies of a Grant Deed by which the City conveys the subject property to John A. Blaich. 3. A resolution which,, if adopted by the City Council, will authorize the execution of the Grant Deed. You will note that it will require six affirmative votes of the City Council to adopt the resolution described in item 1. Following execution of the Grant Deed, it should be returned to us, together with a certified copy of each of the attached reso- lutions, in order that we may proceed to complete the sale of the property to Mr. Blaich. THS :mec Atts. cc - City Manager Public Works Director Finance Director T r torne JUUdt ;IL: DI$�0SIT10JV- 1 C e 3,P L_ NOTICE.IS HER! N that the Amendment is;:, :ta'` voted on at the, W"W1,_ consolidated with tie jtatevide #mneral'44 held to the City af-Ne w"M-4aCh on Teas Novamber, 19661 - � The Charter ` t is a City Charter` -4f the City of Nstiport 86ichs by a i 1402(a), to read Notwithstand City Council may owned property fr follows :. That portion South Ran�gge mridlan,.in of Or S the offL Dated: Blocks 222 and as per map reci Miscellaneous 1 Recorder of sa' prolongations Block 223 of s, line of Lot l i In Book 24, pal Ws." a+v� low- Li@2, the of City_ _ bed as _A CAR /niz 11-30-66 STATE OF CALIFORNIA C OUNTY OF ORANGZ DEC a I r a on 19 �f -*� before am, the --t9te, personally r4 Public in and for said County �&M known to zns� t . 0 be the vice PreaW* X S- P-r-rFL known to =*..to be the Assisti THE IRVINE COMPANY, the a that e3iocuted the went and known to rne to ba the, 1008 WhO executed tk*.v on behalf of said corporation, a owledyed to aw: mat executed the within instrument pit t.to its itawtt Board of Directors. STATE OF CALIFOgr" COUNTY OF ORANGE On Doc - 13 1%blic in and for said County an&,,ft r.c.sarr on known to nail .known to M HOMES, INC., the corporation thig _a tame ..to bgL the pirlona wh&A of said corporation. end &cknow"'- the within instrument pursuant tGA, of Directors. WITNESS my hand anCtWdal" - 4C My Com" me, the no personally. �P* 04d—** wil o rA* that a 19"d, a Notary -4 Wt YL sac t and aft IN 4' j] SUr 194-AZMN Notary Towle I.: State of CaMer"la. PrInCIP11 Offfte In: Orr-n-, County My Com" me, the no personally. �P* 04d—** wil o rA* that a 19"d, a Notary -4 Wt YL sac t and aft IN 4' N _ _ a t t�. •rte Honorable City Council, City of Newport Beach, California. Gentlemen and Mrs. Marshall: 4 December 21, 1966 1 � I feel that I must register a protest to the different treat- ment given to the Balboa Bay Club in contrast to that usually ,given to smaller builders, developers, and subdividers. I refer of course to the recently negotiated settlemet giving the club a variance in return for agreeing to pay for one -third the cost of a sidewalk across the front of the club. C- /� -_? Y Normal practice in this city has been for the Planning Commission to require the property owners to pay all of the cost of full improve- ments in connection with lot- splits, subdivisions, resubdivisions, or anything else they can think of, such as variances. I feel no particular animosity towards the Balboa Bay Club, but I do feel they have a tremendous advantage over competing clubs in the low rent they pay to the city. I believe that they pay about $80,000 per year in rent, whereas if one assumes the true cash value of the land exclusive of improvements to be at least $5 million, it seems that the city should be entitled to 6% per year on the value of the land, or $300,000 per year. No doubt the club has an unbreak- able lease which I must assume was negotiated in good faith, but at the same time they have the ability to pay for sidewalk and street lights, and the City Council has means at its disposal to force the improvements. l Li Sincerely aresand 883 Dover Drive, Newport Beach �\yY RECEIVED Ns(,,) I iiir j7 7,: C �..{ �UPJ CIN OF • i SUBJECT: Grant Deed, Lots B & C, Tr 3357 DATE: 12 -27 -66 the owner, $E: Grant Deed from The Irvine Ccnpany/ SimUyHrmPC Tnn_ and yarioug other lessees , by which Lots B & C of Tract 3357 are granted to City. SEE SUBJECT: ��% CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT T December 22, 1966 l:r 3 To: City Clerk From: City Attorney Subject: Resolution accepting a grant deed Transmitted is the original grant deed executed by The Irvine Company, the owner, and Sunny Homes, Inc. and various other lessees, by which Lot "B" and Lot "C" of Tract No. 3357 are granted to the City. The attached resolution, if adopted by the City Council, will accept the grant deed and authorize its recording. Preparation of these documents was directed by the City Council at their meeting on December 12. / TU14 H. Seymour City Attorney THS:aem Attachs. cc - City Manager Public Works Director P B & R Director evJ F-1Y".14: (711V '-Linager Shores A ration n Board of Directors, in-1-962 i,Nuvsted the. Citv ri gardein,� :'Jifitenance of their landscap- the "j'�: T'. !n­ th. C ed ar-;i -id,iacent to �ikcordance with e lilkhway Pojic}'. Thek- at that time that tie area in T11C t reta 4 nc-') in ctmel,! Company and, sikce it I-I'as to the City j 0'-Olwy purpose.5', City Paitic,pation vas On A-tober 3, 19fiti formal request was made to: 7 the City co,ulcij tjo -accept Zhe offer of The lrviwCompany of lots B and Cii.-Tract 3357, and fjj.---r' asstlm9e -naintenance of that pnri1on of 0 -Arrterial paTNa),, permitted bl� y VW' ArT e r�,:,; !69h;i;ay Park-wiv T3Y Cot requested -,as.�&ffi led. 7F .e as the existlng-s'prihkl* system could be converted to a IMIil SL;ch tome —901 action, the clock-operated automatic sx,stem. Pecent1v the Cowain ! -v I M , Agsociat i on converted the system to automatic arif IN IrVl!',e Cornp�,my has -r-'ai*#ffered lots B and C to the City right- t ;-Irposes' and he -' V 5 1 S A sociation is requesting a ance uest, tt-.,e maintenance of lal'L'SLdping in the arterial parkway• 616e recommend acceptance of both lots as indiciatid on the Attached map and further, that the City accept. maintenance of the portion. -9 Cap- Ing aS per-atteA by the Arterial Highway Parkivay Policy. Labor c pf- I ands the s,nb'�' square feet will ts for 11 he $4SO.00 annually and the water cost . to the City ',:III be approximately $50.00. z. - HU i: rxr. Ly Y -Y "t.— .47 HARVEY L. HLTRLBuRT j P 0 i SUBJECT: Lease of iparkinv_ snaces DATE: 11 -28 -66 $E: Lido Shops Association lease for use of D ra king 5PAa g in front of city Hxii SEE SUBJECT: CA-79 GLSeptember 12, 1966 TO: CITY MANAGER .c' ^iatiA2!c.T2�acri G+t ewe FROM: Administrative Assistant_ to the City Manager SUBJECT: SALE OF CITY -OWNED PROPERTY LOCATED ON THE SOUTHERLY SIDE OF BAY AVENUE BETWEEN 18th & 19th STREETS ((�� v DISCUSSION: The City has been leasing a portion of the above mentioned property to Mrs. Josephine Fulton since May 1, 1953, and another portion to Mr. and Mrs. G. H. Sullivan from March 1, 1952, until September 23, 1964, at which time Mr. and Mrs. Charles H. Straub took over the Sullivan lease. Both leases continue to date on a month -to -month basis at $12.50 per month each. Both Mrs. Fulton and the Straub's own adjacent property on the South of the respective parcels they are leasing from the City. (See attached drawing) The City Council expressed a desire to sell this property on February 25, 1963, and the voters subsequently approved a Charter Amendment to sell the property on April 14, 1964. On March 24, 1965, Norman W. Fleming and Ralph P. Maskey appraised the property and found the fair market value to be $24,250; Mr. Fleming has recently informed us that the value today is essentially the same as it was at that time, primarily due to property values in this area remaining fairly constant in the last two years and the pattern of the current real estate market. While this property could be sold and developed in its entirety as one parcel, it being zoned R -4 and containing 2,199 square feet, to allow the property to be so developed would tend to overcrowd the hand and, with the required setbacks, would result in the development of an undesirable structure. For example: Assuming maximum development, existing zoning permits a duplex (one dwelling unit allowed per every 800 square feet) with minimum four -foot sideyard, ten -foot rear yard, and three -foot front yard setbacks. The area would be further decreased by the two required 9 feat by 20 foot garage spaces, leaving little livable area on the ground floor and thus probably resulting in a three -story structure with dwelling units on the second and 'third stories. The Planning Department concurs that it would be better to create two larger lots than allow the existing lot to be overbuilt by an intense development, resulting in a low quality structure being placed on the property. I have also checked with the existing two lessees and several other property owners in the area in.an attempt to ascertain their :interest in the property. There is complete unanimity among the property owners in the area contacted, that the present lessees should have first option to purchase the respective parcels adjacent to their properties.. If the City did sell the property in this manner, a logical straight projection of the property lines from Vilelle Place to Bay Avenue would result in a 1,176 square foot parcel being sold to the Straubs and the remaining 1,023 square foot parcel to Mrs. Fulton. The respective sale prices to each, assuming a square footage valuation on the basis of the 1965 appraisal values, would be $12,968 for the Straubs and $11,282 for Mrs. Fulton. Both parties acknowledge this to be a fair and acceptable arrangement. This action would also necessitate favorable action to resubdivide the property by the Planning Commission, This could be accomplished at their October 6 meeting. RECOMMENDATION That the Council by motion authorize the City Manager to negotiate the sale of the property as outlined above, subject to the property being resubdivided in accordance with the description on the attached drawing Number M- 5077 -L. JAMES P, DE CHAINS JPD:jdc cc City Attorney Planning Director ;f BA Y A ICE. CAsL 7"R air, R147W t,) :tn .10 33 3 149Z 0 CA'. le.9 SeC 7-YCIV 0) ZYt=.4 C P14 4.0 PI-4C46 S 7-,40A Z/,C . - - - - /) 1--reo. -'91,od= . ,o='Zll— 770 A/. AO 0.5. /7 ., CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Cl 7"* Y *0AP04ARANA? r10 f/ - 40A Y - 44 MiCAMIAW DATE KS DIRECTOR R.E. NO. ROBERT C. SULLY - - ibYi VRVL[ AVENUE F !, CALIFORNIA September l0 �: RECEIVED 9b. CITY CLERK 9 Honorable. Mayor and SEPI 1966 ► — city Council'Memb'ers £ CITY OF Newport Beach City Hai;9;- NtWPORT DFAGM Newport. Beach, 'aliforxsia Gentlemen: I request your oonsideratlon to lease property Cosd'at the xegtern In CostaSesa terminus. Ninete$nth Street In . $9ie approximate forty acres is existing dump side. yob , The Pui`posV of this lease would, be to establish a mobile howing.trk;''. The proposed park is slated to include the.folloxings' a .recreat.ior► hall COUNGI ressing rooms Lt sx�ing...pool -and d shuffle -board coyrts" "6 4 a pitch and Putt golf course k putting green DIS SITION: a, club house containing a. card room; ,television, 'library, and kitchen and laundry facilities FILE: architectural landscaping, possibly to 1nolude a small bass pond a siz foot:_concre,te_ block wall around .property At this time, 2 anticipate a cost of some. X700;000; to the investora..?My proposal to, YOU .is a 20 -year lease at 80o.00 per month for. -the first. ten years, .with there being an i..'t ti.1 . ause,for each five-year period thereafter, tied to the cost of living'indez. The area at present contains 'some sand, dlrt, and gravel that can be.'sold before- 'profiling the '. My proposal..tn you for this material property,: 'be r 20 per cubic yard; xould 2`will Pay all'property taxes. ! "am; available for oons>dyeeybr1nat tygyr. oonven aitce I respectfully submit these proposals to you for consideration. HoPing. --to hear from YOU regarding these matters.,.! re ;in" Yours... Robert,'.. C; .Sall Y. CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER August 8, 1966: TO: CITY MANAGER FROM: Administrative Assistant to the City Manager SUBJECT: VALUATION AND PROPOSED PROCEDURE FOR LEASING CITY -OWNED PROPERTY AT BROOKHURST AND ADAMS DISCUSSION On April 25th the City Council authorized this office to enter into an agreement with Tait Appraisal Company for the appraisal of the above -men- tioned property in Huntington Beach. The property has been appraised and a thorough analysis of the appraisal report reveals that the appraisal was very comprehensive and well done. The appraiser has indicated the fair market value of the parcel to be $258,000, considerably higher than our preliminary estimate of $150,000. Broken down into two separate parcels, the appraisal report indicates that the most northwesterly portion of the property, measuring 22,500 square feet, has a value of $135,000. This assumes a service station as the highest and best use of the corner section of the property. The remaining area of 61,500 square feet has a valuation of $123,000. Assuming a minimum annual lease rental of six per cent (6 %) of the fair market value, the gas station site could yield at least $675 per month and the remaining area at least $615 per month, or a combined minimum rental of $1,290 per month. These revenues could be increased periodically in accor- dance with the local consumer price index, or by some other appropriate method. RECOMMENDATION It is recommended that the City Council authorize the staff to call for twenty -five year lease bid proposals for portions of, or the entire parcel. The attached sketch indicates the separate portions of the property for which interested parties would submit bids. These bids, in turn, would be analyzed by the staff and the highest and best use(s) would be recommended to the Council for approval. Lease agreements would then be formulated and entered into between the City and those lessees the Council approves. This procedure will allow the City to consummate new lease agreements to take effect upon the expiration of the existing lease with Columbia Outdoor Advertising and thus allow for the full potential of this property to be realized. JPD /mjc JAMES P. DE CHAINE I. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PPOPtc-"PTY FOle LEASE .4r 11vrc?scmo# og �wookwensr pi-Aamos IAI AIVAMMSMAI 6EAC.Al ZdZ— GATE r� WORKS DIREM R.E. NO.U-'2 (7.S070- Udial: To: From: Subject • Q 0 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT The Honorable Mayor and Members of the City Council City Attorney July 18, 1966 Removal of encroachments from Seashore Drive On July 26, 1965, a report was presented to the City Council con- cerning various encroachments into the right of way of Seashore Drive within the area of the proposed improvement project between 55th and Orange Streets At that time the City Council directed the staff to take action to clear the encroachments from the right of way. Pursuant to this authorization the Public Works Depart- ment notified each of the eighteen property owners to remove the encroachments in front of his property. To date only three prop- erty owners have complied with the City's request. We have apparently reached an impasse in our efforts to obtain voluntary removal of the remaining encroachments and it appears that legal action will be necessary to complete their clearance from the right of way. The purpose of this report is to acquaint the City Council with the legal issues involved. BACKGROUND INFORMATION. A. Original Tract Maps. The lots fronting on Seashore Drive within the project area were originally laid out on two subdivision tract maps. The first tract to be filed was the Ocean Front Tract. It was approved in 1905 and included the lots fronting on Seashore Drive between 48th and 61st Streets. On the tract map a 10 -foot -wide strip is shown which appears to be an alley, abutting the lots between 56th and 61st Streets. The second tract to be filed was the Seashore Colony Tract which was approved in 1911. The tract map included the lots fronting on Seashore Drive between 61st and Summit Streets and shows a 15- foot -wide strip designated "Drive Way" abutting the lots fronting on Seashore Drive. All of the en- croachments in question are located within the two strips as shown on the original tract maps. B. Subsequent Street Improvements. The City's records indicate that the first significant street im- provements constructed by the City along the present Seashore Drive right of way occurred in 1931. This work was done pursuant • To- The Honorable Mayor and Members of the City Council 0 -2- July 189 1966 to an assessment district formed under the provisions of the Im- provement Act of 1911 and involved the widening and improvement of Seashore Drive between 37th Street and the westerly City boundary. An additional 20 feet of right of way was acquired by the City from the Pacific Electric Ry. Co. by condemnation in con- nection with the assessment district proceeding (City of Newport Beach v. Pacific Electric Ry. Co., et al, Superior Court No. 28144). The following language appears in the Resolution of Intention to order the work under the assessment district: "For all purposes of this proceeding that certain alley 15 feet in width lying northeasterly of and adjacent to Blocks 56, 57, 58, 59 and 60 as shown upon a map of the Ocean Front Tract recorded in Book 4, Page 12 of Miscel- laneous maps records of Orange County, California, and that certain alley 15 feet in width lying northeasterly of and adjacent to Blocks 'A', 'B', 'C', 'D', 'E', 'F', 'G', 'H', °I', 'J', 'K', 'L', 'M' and 'N' as shown upon a map of the Seashore Colony Tract recorded in Book 7, Page 25 of miscellaneous maps, records of said County, are herein referred to and designated as Seashore Drive, and the name thereof is hereby declared to be and established as Seashore Drive and so referred to." (P. 5, Resolution of Intention No. 702, dated August 12, 1931.) II. LEGAL ISSUES. A. Was the right of way claimed by the City dedicated for public street purposes Generally, there are two kinds of dedication of private land to public uses Those made under controlling principles of common law, and those made pursuant to the provisions of a specific statute. Streets within a subdivision may be dedicated either by compliance with the requirements of the subdivision map act or by what is known as a common law dedication. At the time the Board of Supervisors approved the two tract maps with which we are con- cerned, the applicable law was the Subdivision Act of 1893 as amended in 1901 which provided in part- "Section 3. The map or plat so made, acknowledged and certified shall be presented to the governing body having control of the streets, roads, alleys and highways in the territory shown on the map or plat, and said governing body shall endorse thereon which streets, roads, alleys, and highways offered by said map or plat, they accept on 0 To: The Honorable Mayor and Members of the City Council -3- .duly 189 1966 behalf of the public, and thereupon such streets, roads, alleys, and highways, only as have been thus accepted, shall be and become dedicated to public use. .... ' The Map for the Ocean Front Tract, approved by the Board of Super- visors in 1905, does not contain an endorsement of acceptance of any of the streets, roads and alleys shown on the map. The Map of the Seashore Colony Tract, approved by the Board of Supervisors in 1911, does contain such an endorsement accepting "streets, alleys and avenues shown thereon as public highways ". Clearly, as to the Ocean Front Tract there was not a statutory dedication of the 10 -foot strip shown on the map. With respect to the Seashore Colony Tract there is some doubt as to whether there was a statutory dedication of the 15 -foot strip designated "Drive Way" on the map. The usual meaning of the term drive way is that of a private road, but it is also defined in the dictionary as "a public road for driving" (Webster's Seventh New Collegiate Dictionary). Although the endorsement of acceptance did not specifically refer to drive ways, it is more probable than not that a court would find that there was a statutory dedication. Aside from the question of statutory dedication, we are of the opinion that the two right of way strips were dedicated for public street purposes under the rules of common law dedication. The act of a landowner in filing for record a map of land showing it sub- divided into defined areas separated by roads or streets will normally operate as an express offer to dedicate to public use. Flavio v. McKenzie, 218 C.A. 2d 549. Acceptance of a common law dedication may be y formal act or by user. Upon acceptance, the dedication becomes complete and irrevocable, and it cannot be im- paired by delay in the public use of the dedicated land. Archer v. Salinas, 93 C. 43. By showing the two right of way strips�on t eitract maps, we believe that the owners of the tracts evidenced an offer to dedicate. the right of way for street purposes. Our conclusion that the City accepted the offers of dedication is based on the following evidence- 1. Field Survey. In 1930 the City conducted a survey of the West Newport area. __T Fe surveyors' field notes indicate that a 15 -foot- wide alley was in use at that time which extended along the present alignment of Seashore Drive between Summit and Cypress Streets (West Newport Field Surveys Book No. 14). 2. 1911 Act Improvement District. As previously stated in this report t e ity Improved and widened Seashore Drive in 1931. An To: The Honorable Mayor and Members of the City Council -4- July 18, 1966 assessment district formed pursuant to the Improvement Act of 1911 was used to finance the work. In the Resolution of Intention to order the work there was a specific reference to the two right of way strips shown on the original tract maps and it designated them as Seashore Drive (see page 2, supra). The improvement plans for the project prepared by the Public Works Department show the right of way in question as part of Seashore Drive (see Plan No. 369, dated August 31, 1931, approved by R. L. Patterson, City Engineer). 3. City Atlas Ma s. All City Atlas Maps show the disputed right of way as a part ot Seashore Drive (First City Atlas Map No. 108 recorded April 4, 1918; Second City Atlas Map, dated February 27, 1931; Current City Atlas Map, dated May, 1961). 4 Countz Assessor's Map. The current Assessor's map shows the disputed right o way as a part of Seashore Drive, indicating that taxes have not been assessed against the owners of the abutting lots. B. If the right of way was dedicate blic street ur oses hs o building as the t lost its r i te sn berm t.S tor the encroaC lnz 1mDrovements. A highway or street may not be used for purposes which interfere with or are incompatible with its use as a public right of way. A private building located in a public street is a public nuisance and subject to abatement as such. Nerio v. Maestretti, 154 C. 580; City of Dunsmuir v. Silva. 154 C.A. 2d 875. "In determining whether the obstruction is inconsistent with the public's right to the full enjoyment of the right of way, the owner of the fee possesses no greater rights than a stranger to the title. Nor may the abut- ting owners consent to an obstruction so as to bind the municipality and preclude removal of the obstruction. The continuance of an obstruction cannot confer on the person maintaining it prescriptive rights, or rights by adverse possession, as against the public. Neither lapse of time nor consent of the abutting property owners has the effect of legalizing the public nuisance arising from an unlawful obstruction. In exceptional circumstances, however, the principle of estoppel in pais may be invoked against the public, so that the court may decide the question not with reference to mere lapse of time but To • The Honorable Mayor and Members of the City Council -5- with reference to the particular and justice may require." 25 Cal Streets, Section 186. • July 18, 1966 circumstances, as right . Jur. 2d, Highways and Estoppel in pais has been defined as a right arising from an act, admission, or conduct which has induced a change of position in accordance with the real or apparent intention of the party against whom the estoppel is asserted. Agmar v. Solomon, 87 C.A. 127; California Code of Civil Procedure, Section-11J62, Subdivision 3. Before the courts will hold a municipality to be estopped, four requirements must be meta 1. The land must have been occupied in good faith and under claim of right. 2. The occupation must have been in reliance upon mis- leading conduct of the municipality. 3. The property owner must have had a lack of knowledge or have been unable to obtain the true facts. 4. The property owner relied upon the city's conduct and based thereon took steps materially changing his position by constructing valuable improvements on the property. The leading California case in which the doctrine of estoppel in pais was successfully invoked against a city is C ity of Los An eles v. Cohn (1894), 101 Cal, 373. The facts n tat case were as o lows.. In 1871 a man named Temple commenced construc- tion of a valuable three -story building in the City of Los Angeles. After the foundation had been laid, it was reported to the city council by the street commissioner that the building was encroach- ing into a public street. Upon receiving this information the city council referred the matter to the city attorney for investi- gation. Subsequently the city attorney made a lengthy report to the Council which concluded that Temple was the owner of the land thought to be a street, stating that he was entitled to complete the building. The report was ordered received and placed on file and a synopsis was entered in the council minutes. The building was subsequently completed without objection by the city until the lawsuit in question was filed twenty years later to recover possession of the alleged street. The court ruled against the city, stating: "There are limits beyond which even a city in representing the rights of the public may not go, and we think the city • Tog The Honorable Mayor and Members of the City Council -6- July 18, 1966 in the present action has gone beyond those limits. If the city had expressly agreed by its officers with defend- ants' grantors, even in parol, that a certain line should constitute the boundary line between the street and the grantor's property, and upon the faith of such agreement the grantors had erected a block of buildings flush with the line of the street as agreed upon by all parties, it would be a hard law that would allow the city to repudiate that agreement, and destroy the grantor's property. No court should countenance such a thing, and an estoppel in pais will rise up in the pathway of a city to bar it and its principal, the people, from the commission of such a grievous wrong; and to give the acts of this city a very limited meaning we think its conduct in the present case at least equivalent to an oral agreement as to the loca- tion of the true boundary line of the street." The Cohn case indicates that a property owner seeking to invoke the doctrine of estoppel to prevent a municipality from asserting a claim to a public right of way must show strong equitable grounds for relief which in that case amounted to a virtual oral agreement between the property owner and the city. Subsequent cases show that the courts are not inclined to deprive a municipality of any part of its streets unless there is overwhelming evidence in favor of the property owner. In analyzing the position of the property owners on Seashore Drive, we do not find the necessary elements to support the defense of estoppel against the City. The strongest argument in their favor is that the City, by issuing building permits for the encroaching structures, consented to their construction in the public right of way. However, there is no authority to support the proposition that the ministerial action of the Building Department in issuing a permit would in itself operate to divest the City of its inter- est in the street right of way. It is the responsibility of the property owner to determine the boundaries of his lot and to correctly locate any structure built on the property within such boundaries. If there is any doubt as to the boundaries of his property, the owner should have it surveyed for his own protection. As previously described in this report, the boundaries of the right of way claimed by the City were clearly defined in a number of public documents, including the original tract maps, the City Atlas Maps, and the Tax Assessor's maps. When one considers the early development of the West Newport area, it is not surprising that mistakes were made in determining the exact location of the To The Honorable Mayor and Members of the City Council -7- July 18, 1966 property line along Seashore Drive in reliance on visual observa- tion in the absence of precise surveys. The mere fact that the City issued building permits for the encroaching structures and subsequently took no action to compel their removal would not, in our opinion, preclude the City from later opening up the right of way and compelling removal of the encroachments. III. CONCLUSION. It is recommended that the City Council authorize this office to take appropriate legal action to obtain a determination by the courts as to the City's right to compel removal of the offending encroachments. It is our position in making this recommendation that the available evidence supports the view that the property owners are not legally entitled to compensation from the City for any damage which they may incur as a result of the street improve- ment project. THSsmec cc - City Manager City Clerk Public Works Director T4Y1t Seymo Ctorney TO: FROM: SUBJECT: DISCUSSION 0 CITY COUNCIL City Manager 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER August 8, 1966 SALE OF CITY PROPERTY TO JOHN A. BLAICH J -%6 V I.- On January 11, 1965 the City Council authorized a Charter Amendment to sell the small 124 square foot triangular parcel of City -owned waterfront property located southerly of the westerly 30 feet of Lot 8, Block 22, East Side Addition to the Balboa Tract (behind 1315 East Balboa Boulevard) presently owned by John A. Blaich (please see attached sketch). This sale was of course approved by the voters in April, 1966. Mr. Blaich has offered to purchase this 124 square foot parcel for $1,188.00. This consideration is based on a unit valuation of $9.58 per square foot, the same square footage valuation for which an adjacent parcel was sold in August, 1963. As the City Council agreed on January 11, 1965 to sell this parcel to Mr. Blaich, pending voter approval of the sale, and since Mr. Blaich is the only logical party to which this property should be sold, it seems that the amount becomes the point in question. Mr. Blaich first offered to buy the property in December, 1963. Because he had to wait before the City was in a position to sell the parcel legally, it is his contention that he should not be penalized by having to pay more than the property was worth at the time of his initial offer. This argument has some merit. Furthermore, his offer of $9.58 per square foot is very reasonable. It is possible that if the small City parcel were formally appraised it might not, standing alone, have as high a valuation as the $1,188.00 he has offered. RECOMMENDATION It is recommended that the City sell the property in question to Mr. Blaich for $1,188.00, but require that he pay for all incidental closing and recording costs connected thereto. HARVEY L. HURLBURT HLH /JPD /mjc 0 BAC.BOA I _ - N 70 ° /O'4 30' r ^� 3 7 p o N 70010'00"W 26, 22' ' -• rRVE Poa. .W 30' I0' 0 51- vo. 6(!7.4t 67: /a= 20 Q M M. 41:09 Q LOT 8 i LOT m 0 I o J Jury `� a yJ CITY GF NEWPORT BEACH PU3LIC WORKS DEPARTMENT CITY 01,VJNLD Pl:JPER -FY P�raal A� SdIG �YOMLOt �O �,tl\M A: LSIa ,L 9 Pf 1 � r JuJ NOTE REFERENCE : PECORD or 641Ry6'Y BOOK BO P4G6 48 DRAWN I/" DATE 66 APPROVED G ASST. DRAWING NO,- WORKS DIRECTOR R.E. NO. I2906 IW- 5087 -L CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER June 21, 1966 IVA TO: CITY MANAGER FROM: Administrative Assistant to the City Manager SUBJECT: USE OF CITY PROPERTY AT 16th AND MONROVIA RECOMMENDATION It is recommended that the City Council go on record expressing its opposition to selling or entering into any new lease agreement for any por- tion of the above mentioned two -acre parcel. It is further recommended that the City Council clarify the City's position on the pending proposal from Success Broadcasting Company (KOCM -FM radio) to have their existing lease extended, by indicating that the City does not at this time desire to approve a lease extension beyond the November 30, 1968, expiration date and that no additional expansion of the radio transmitting station shall be allowed at this time. (As an alternate course of action, the City Council could exer- cise its option to extend this lease through November 30, 1971, in accordance with the terms of the existing agreement.) DISCUSSION On February 14, 1961, the City entered into a license agreement with Success Broadcasting Company (then known as Newport -Costa Mesa Broadcasting, Inc.) for the purpose of constructing and maintaining a radio transmitter building facility and radio tower. This agreement was amended on December 11, 1961, to allow the company to use and expand an existing City owned building which was relocated on subject property. The agreement was again amended on December 14, 1964, to permit an extension of the radio tower height from 250' to the present 320' to allow for an increase in power output of the radio station. The current proposal to amend the lease calls for a requested lease extension through November 30, 1975, and permission to increase the size of the transmitting station from 600 to 1,000 square feet. The City utilities operation temporarily abandoned part of the property when the three million gallon water storage tank was drained on September 14, 1964. This tank has not been used since that time nor has the bulk of the re- maining surface of the property been used during this period. Because of this fact, it has caused many people to assume that the property has been permanently abandoned. I have received a number of proposals to lease or purchase a part of or the total,parcel of property in recent months. Most of the proposals have chosen to make use of or remove the existing water storage tank facilities. Each proposal has been explored in depth and a few might have some merit if indeed the City were prepared to dispose of or allow the property to be leased by private concerns. -2- While the City is currently not fully utilizing the surface of the property, it will simply be a matter of time before this will become necessary. This facility is the only means by which the City will be able to service the water needs in the West Newport area adequately. While the large water storage tank is not presently needed due to the large capacity of the Big Canyon Reser- voir, a large network of active water lines in the subject property are now used to distribute water to the various sections of West Newport. (See attached sketch.) Any additional private uses of this property could easily impair the usage of these distribution lines. In addition, as soon as the Banning and Kadane properties are sub- divided, it will be necessary to activate the large water storage tank in order to provide the needed additional storage capacity. At that time, it will probably be necessary also to install additional pumping and distribution facilities on the property. Even if this need does not arise for some time, the large water storage tank and surrounding properties should be maintained as a secondary facility for emergency purposes. This is the only other large water storage facility owned by the City which can be used to supplement the Big Canyon Reservoir or provide emergency assistance to the reservoir distri- bution system should the need arise. It is thus very desirable and essential that the existing water facility network at 16th and Monrovia not be disturbed in any manner. This includes any expansion of the radio transmitting station which could easily have a harmful effect upon the subsurface water distribution lines which are located around the existing radio station building. JAMES P. DE CHAINE JPD /mjc Att: 1 �XCSRtvc� 1�.�.G.t�'1, C3ty���ti►acl I i ! t�er�cnc Ltd' MANN i.�,� /1 i✓. 4B• '� �� �� �/ i, b -Sys. � •` � 5 w L 12 � NQi 1D 4 3 1013 os�d.I A AEri.'A7' /ON 7i9N.t/ 9 •7 '��{ a ��o m Q t ° A00 /TIoN TO 17 Alewlaoar /YIs5,q re,4cr •e.s .F /O/¢ iCo 122 1 �S vc�rtZ S l 1 G: n /6 CITY /3CQY 1 .. .. I I � 4P M CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER June 9, 1966 cM- 4 TO: CITY MANAGER FROM: Administrative Assistant SUBJECT: PROPOSAL TO LEASE PORTION OF CITY PROPERTY AT 19th AND BAY Mr. D. R. Dotson, 1837 Wallace Avenue, Costa Mesa, has expressed interest in leasing a small corner portion of City property by the 19th Street pier, between the seawall and buoy line. It would be his intention to rent approximately 25 - 50 umbrellas and 20 or so paddleboards, with the possibility of renting several kayaks in future seasons, if acceptable. He has proposed to pay the City $1,000 per season on a three -year lease to rent this equipment in conjunction with the City beach facility. This would be a portable daytime operation, with equipment removed from the property each evening. A trailer would house the paddleboards at the location proposed. Mr. Dotson made a similar request to the Parks, Beaches and Recre- ation Commission on May 18, 1965, which request was denied by a split vote of the Commission (4 yes votes, 3 absentions). However, this proposal was made on a percentage basis, with no $1,000 per year guarantee. The applicant also apparently did not have ample time to explain his intended operation fully. As you may know, he has donated approximately 6 to 8 paddleboards each year for the last several years which have been used in conjunction with the annual paddleboard -swim relay race at Newport Pier. He is be- ginning his 13th season of renting this equipment at 507 Edgewater, Balboa. Furthermore, he was the original concession holder for such equipment at the Newport Dunes, and held this concession for five years. Both landlords of the above mentioned establishments have indicated that Mr. Dotson is financially responsible and is a good concessionaire. If acceptable, he would like to begin such an operation at 19th and Bay this summer. As the season is fast approaching, perhaps the City Council may wish to consider this matter at their next meeting. JAMES P. DE CHAINE JPD /mjc I � POST OFFICE BOX SSS BALBOA, CALIFORNIA .DUNE 1, 1966 HON. H. M. ROGERS COUNCILMAN, CITY OF NEWPORT BEACH DEAR MR.. ROGERS: THE BALBOA IMPROVEMENT ASSOCIATION WISHES TO EXPRESS ITS THANKS TO YOU FOR YOUR CONSIDERATION IN BRINGING TO OUR ATTENTION THE COMMUNICATION TO YOU FROM THE CITY MANAGER REFERRING TO THE REST ROOM SITUATION IN DOWNTOWN BALBOA. AT A RECENT MEETING OF THE BOARD OF DIRECTORS OF THE ASSOCIATION, DURING WHICH THIS PROBLEM WAS DISCUSSED IN DETAIL, WITH THE AIM OF RROVIDING CONSTRUCTIVE INFORMATION TO THE COUNCIL AND THE CITY MANAGER FOR ACTION$ THE FOLLOWING POINTS WERE SOLIOLY FAVORED BY THE BOARD: 1. WE URGENTLY REQUEST THAT NO CONTRVCTION OR ALTERATION BE ATTEMPTED UNTIL AFTER THE SUMMER SEASON TO AVOID DISRUPTION OF THE VIATALLY NEEDED SERVICE THIS INSTALLATION NOW IS PROVIDING* 2. No CONSIDERATION SHOULD BE GIVEN, IN OUR OPINION, WHICH IS BASED ON MANY YEARS OF BUSINESS OPERATION IN THIS DISTRICT, TO ANY PLAN WHICH ORES NOT INCLUDE CONTINUATION OF THE REST ROOM SERVICE TO THE VISITORS OF THIS COMMUNITY. MANY INSTANCES OF PERSONS LIVING AT STREET -ENOS SOMEWHAT DISTANT FROM THE FACILITIES, HAVING BEEN ANNOYED. BY REPEATED REQUESTS FOR THE -USE OF THEIR HOME BATHROOMS, ATTEST TO THE IMPORTANCE OF MAINTAINING REST ROOMS WHERE LAIIGER NUMBERS OF .BATHERS GATHER. HIGHER POLLUTION OF THE BAY IS A DISTINCT POSSIBILITY IF NO PROVISION IS MADE NEAR THE HEAVIER USED BEACHES* 3. WHILE THE COST OF THE FACILITIES IS NOT SMALL WHEN CONSIDERED IN A LUMP SUM OVER A PERIOD OF THREE YEAR.S.1 AS IN THE STUDY, . A MORE REALISTIC CONCEPT IS ARRIVED AT WHEN ONE CONSIDERS IT AS $175.00 PER MONTH,/ MORE OR LESS, AND WHEN IT IS RECOGNIZED THAT THIS IS AN EXPENSE WHICH IS HIGHLY JUSTIFIED FROM THE STANDPOINT OF ADVANTAGE TO BOTH THE BUSINESS AND THE RESIDENTIAL COMMUNITY. / a. r- -I u 4. WE FURTHER URGE THAT A SUPERIOR REST ROOM FACILITY BE CONSTRUCTED ADJACENT TO THE PRESENT UNIT, ON LESS VALUABLE PROPERTY THAN IS NOW BEING USED. WHEN THIS FACILITY IS COMPLETED, THE OLD ONE CAN BE TO)IN DOWN AND THE LAND PUT TO A MORE REMUNERATIVE USE THAN IS POSSIBLE AT PRESENT. A SKETCH OF THIS ALTERNATIVE IS ATTACHED. AGAIN, OUR THANKS TO YOU AND THE OTHER MEMBERS OF OUR CITY COUNCIL FOR THIS OPPORTUNITY TO EXPRESS OUR VIEWS. WE WILL BE HAPPY TO MEET WITH YOU OR THE CITY MANAGER OR ANY INTERESTED MEMBERS OF THE COUNCIL TO OISCUSS'THIS OR ANY OTHER MATTER. SINCERELY YOURS, VC ENC. I 14 m; wa CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER October 22, 1965 TO: CITY COUNCIL FROM: City Manager • s SUBJECT: BAY AND WASHINGTON PARKING LOT AND RESTROOM FACILITY (Old Fire Station) It has been brought to my attention that the above mentioned City property could perhaps be utilized more efficiently. A thorough survey into the problems and expenses involved with the current use of this property has revealed the following information: The restroom facility has alone cost the City $14,135.50 to main- tain over the last five years, including $10,585.50 for general maintenance and $3,550 for major maintenance and repairs. This 974 square foot structure has recently been inspected by the Building and Safety Department and its director has recommended demolishment of same. The Public Works Department estimates it would take approximately $20,000 to rehabilitate the structure. A new building of the same size could cost as much as $40,000, but would have a much longer life. If a new restroom building were constructed on this site, it could be better located in order to more effectively use the balance of the lot for parking. The adjacent parking lot is now under lease to the Balboa Improve- ment Association. The City receives $300 per year from the Association for the privilege of using the available 3500 square feet for parking purposes. The Association, in return, is allowed to rent the twelve existing marked parking spaces either to its members, merchants in the area, or to the public generally, as it sees fit. While several of the wooden parking bumpers have deteriorated and should be replaced, the general appearance of the parking lot is satisfactory. There is virtually no maintenance expense involved with this section of the property. It would be difficult to ascertain the actual market value of this property for parking or other purposes without having it formally appraised by an outside appraisal firm. It has been informally appraised by several local real estate firms as having a value of between $35,000 and $40,000. We understand that the Balboa Improvement Association is currently renting the parking stalls for $60 per year each. Parking meter revenue for the Balboa business district for fiscal 1964 -65 was $6,570. This represents an average of $65.05 per meter for the year for each of the 101 meters in this general area. City personnel who collect meter revenue report that the 65 metered parking spaces in the two square block area around the parking lot and restroom, from Palm to Main, Bay to Balboa, are used at least 50% more intensively than the remaining metered spaces in the Balboa business district. Thus, the meters in the area closest to the property in question should average about $100 per meter each year, or $6,500 for the 65 meters. -2- 0 This is the most specific or detailed accounting of meter revenue available in this area. Of the five public restrooms on the Peninsula, this facility is the most expensive to maintain. The Parks, Beaches and Recreation Department estimates it costs about 50% more than the others to maintain. However, it does generate some revenue which partially defrays these costs. The five restroom facilities on the Peninsula, collectively, contain 50 "Nic -O- Lock" units which have yielded a total of $11,983 in the last five years. This represents an average of $239.66 per unit over this period or $47.93 per year. Assuming the 17 units at the Bay and Washington facility get average use, the facility generates an average of $814.81 per year, or $4,074.05 for the five -year period. This compares with the $14,135.50 maintenance cost for this same time interval. Thus, the facility has cost the City a net total of approximately $10,000 to maintain for the last five years. Although Police Department records do not reveal any major problems or incidents involving the restroom and parking lot, many problems of a minor nature are periodically reported to this office. These largely in- volve incidents of vandalism or vagrancy. It is my recommendation that the Council take formal action author- izing, demolition of the restroom facility, and consider the possibility of either converting the remaining area into additional parking stalls or secure an outside appraisal of the property's true value and other possible uses. This will enable us either to expand the present parking lot and lease with the Balboa Improvement Association, dispose of said property, or maximize the usage of the property in another way determined to be in the best interests of the community. Perhaps you will also wish to authorize the installation of additional parking meters in the area. The existing parking lot lease with the Balboa Improvement Assocation may be terminated by giving 60 days written notice of such intent if this be the Council's desire. 11�� HARVEY L. HURLBURT HLH /JPD /mjc 1 a� 0 r .+ f Bq� ® w c� a Ro�O F 4 0 A qlz Z M C%`1L 1 z N q � O0 O O O CN b u' W �A -r4 m 4 C%`1L 1 w 0 OCEAN S .t L`. /J lzllyUE 0 -�o 0 BOULEVARO 0 z N q ar' zs' w 0 OCEAN S .t L`. /J lzllyUE 0 -�o 0 BOULEVARO 0 To: From- Subject CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT April 21, 1966 The Honorable Mayor and Members of the City Council City Attorney Quitclaim deed to portion of Finley Avenue The shaded portion of Finley Avenue adjacent to Newport Boulevard shown or, the attached drawing has never been formally dedicated to the City for public street purposes although this property has been improved by the City and used as a public street for many years, The record ownership of the street right-of-way is vested in William J. Cagney. We were recently advised by the County Tax Collector that this prop- erty had been deeded to the State of California for nonpayment of the 1959• -60 taxes and is, therefore, eligible for sale at public auction. In order to clear the record and establish title to the property in the City, we have obtained a quitclaim deed from Mr. Cagney. After acceptance and recordation of the deed, we will petition the Board of Supervisors to cancel all existing taxes and penalties. A resolution accepting the. quitclaim deed from Mr„ Cagney has been placed on the :agenda for Council action, THSomec Atto cc - City Manager City Clerk Public Works Director T' \6�� Tully S N eymo City Attorney Iq or yO c zo 0 V \ n FINLEY G \ p R/ VO CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET EASEMENT FOR FINLEY AVENUE ScatE.' J� =50' a �x �vti �Qtia ALTO DRAWN A/M DATE APPROVED ASST. PUBLIC WORKS DIRECTOR R.E. ND. 12806 DRAWING ND. RIW 5086 —'G • �i�y CL�►✓` C/ 41 � Ps" p� c • +,;/ %i 1"' crry ct ?K APR 7 1966.) i N CW OF CALIF, EACH, 2/ 1. V;; Ci /7/ 07 Ged4j buy ens± a /� / l4 OIAlrit �rri,CyL/ oTr �y awixpvf c f ��( �/ ✓ C;ly p -a pes"�f "6, sh /J Knaw n R I' �d°ye lw� �c✓ C /4 /vt9 �l+iJ oie�y u�Gt SE/%/ 6/ * cuctY f CfP� i ha�c ra�f nGrrourtiHy Srf n s b rE� vea. ieorr- 1 p /,,, /IiF valid rEasuzr ��s,rt� / ra/ru�rt'7` 744f renmave �rF �. cdr, C/� /L1Gnk✓�✓ /kky e Y w Ci G1J a:P.,�ti Zo/ Ch vY�`Gt =Sri T Ca /iiGur�rF -y326e 0 4, 9 Mr. J. Wylie Carlyle County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Mr. Carlyle: 0 April 27, 1966 Attached for recordation is a Quitclaim Deed frrm William J. Cagney to the City of Newport Beach of all right, title and interest he may have in a portion of Finley Avenue westerly of Newport Boulevard. The acceptance of said Quitclaim Deed was authorized by the City of Newport Beach on April 25, 1966 by the adoption of Resolution No. 6341. Very truly yours, Margery Schrouder City Clerk City of Newport Beach 0 Encl. CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT April 21, 1966 To. The Honorable Mayor and Members of the City Council From: City Attorney Subject: Quitclaim deed to portion of Finley Avenue The shaded portion of Finley Avenue adjacent to Newport Boulevard shown on the attached drawing has never been formally dedicated to the City for public street purposes although this property has been improved by the City and used as a public street for many years. The record ownership of the street right -of -way is vested in William J. Cagneyo We were recently advised by the County Tax Collector that this prop- erty had been deeded to the State of California for nonpayment of the 1959 -60 taxes and is, therefore, eligible for sale at public auction. In order to clear the record and establish title to the property in the City, we have obtained a quitclaim deed from Mr. Cagneyo After acceptance and recordation of the deed, we will petition the Board of Supervisors to cancel all existing taxes and penalties. A resolution accepting the quitclaim deed from Mr. Cagney has been placed on the agenda for Council action. THSamec Att. cc - City Manager City Clerk Public Works Director �l /V \6�� Tully Seymo City Attorney INCIL: ,_is- _041 Iq ZO vCC C5 Z� ads E !%,v 2p v F /NLEy yo\�< p/l/c CITY OF NEW P/ A STREET EASEMENT I A vr, ALTO 10:1 --0, DRAWN -4Z-AY-- DATE APPROVED ASST. PUBLIC WORKS DIRECTOR R.E. NO. Q426 DRAWING NO. 91W-508ig-1, To: From: CITY OF NEWPORT BEACH City Clerk City Attorney CITY ATTORNEY DEPARTMENT April 21, 1966 Subject: Quitclaim deed to portion of Finley Avenue Attached are the following: 1. Quitclaim deed from William J. Cagney to the City of all right, title and interest he may have in a portion of Finley Avenue westerly of Newport Boulevard. 2. A resolution which, if adopted by the City Council, will accept said deed. 3. A memo to the City Council explaining the purpose of the deed, to which is attached a drawing showing the subject property. It is requested that this matter be placed on the Council agenda for consideration on April 25, 1966. THS :mec Atts. cc - City Manager Public Works Director Tully H. Seymour City Attorney W-14-1 Yt el i 0 9 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER February 10, 1966 TO: CITY COUNCIL FROM: City Manager SUBJECT: PURCHASE OF PROPERTY AT 414 MARIGOLD AVE., CORONA DEL MAR RECOMMENDATIONS: 1. By motion authorize the City Manager to purchase the propeit 414 Marigold Ave., Corona del Mar for the appraisal price of x,13 CUU,a,i.: at 9,500. 2. By motion authorized the City Manager to enter into a one year lease with Mrs. Annie Hughes (present owner) for the house and rear portion of lot at 414 Marigold Ave. in Corona del Mar. DISCUSSION: The 1965 -66 budget contains $29,000 for the purchase of property at 414 Marigold Ave. on the east side between the City's library and fire station ($22,000 originally budgeted and $7,000 transferred in January budget adjustment). Purchase of this 30 foot lot will consolidate the existing City properties and make possible future expansion of the Corona del Mar library. Pending the possible expansion of the library the property can be utilized for additional parking. An appraisal was obtained from Joseph A. Mueller, M.A.I. He places the market valuation at $29,500, it is proposed that the property be purchased at the appraised price. The title policy and other charges would be paid by the seller with the City as buyer paying 507 of the escrow fee which amounts to $56.50. The rental valuation has been placed by Mr. Mueller at $105 per month for the entire property or $80 for the portion of the lot and house proposed to be leased back to Mrs. Hughes. The $80 rental figure excludes 70 feet of the lot which would then be available to the City for parking at such time as it is needed. It is proposed that the lease provide the following terms: 1. A fixed term of one year with month to month thereafter. 2. 30 day termination clause by either.party. 3. Lessee cannot sublet without the permission of the City. 4. City pay possessery interest tax (estimated at $40 for one year). 5. City provide free water to lessee. 6. City maintain the exterior of the house. 7. City retain the westerly single garage for library storage purposes. 8. City move front portion of fence 'between library and lot to enclose a small front yard of the house. arvey L. Hu lburt CEM /HLH /bl