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HomeMy WebLinkAboutWATERWAYS - ADMINISTRATION (Huntington Harbour) 1986-92 DOC 112 INDEX OF 820.10 WATERWAYS—ADMINISTRATION 1990—92 BOX 336 ITEM DATE SUBJECT Ordinance#3032 February 5, 1990 Amends Chapter 13.32 of the Huntington Beach Municipal Code by adding Section 13.32.111 Relating to Mooring of Construction Equipment within Huntington Harbour Channels FAILED Memo October 18,1990 Request to issue Stop Work Order on Dr. Greco dock permit on Sirius Drive during study of policy formation on Huntington Harbour Docks Memo January 16, 1992 Request by Mr. Rosen to address Council during Public Comments re: Appeal of Harbor Permit Letter January 15, 1992 Verified Appeal of Issuance of Harbor Permits— Irvin & Lynn Rosen w/Exhibits A— E. Location: 16332 & 16336 Niantic Circle, Huntington Beach G.Records/MFUA/Doc 112 11/20/98 1 REQUE FOR CITY COUNCPACTION Date November 4, 1986 Submitted to: Honorable Mayor and City Council GpUI`t�tt' Submitted by: Charles Thompson, City Administra yVV B IL Prepared by: Paul E. Cook, Director of Public Works �- Subject: Dredging of Christiana Bay in Huntingt n Harbo GZTY Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: Statement of Issue: In order to prepare design plans and award a contract for the dredging of Christiana Bay in Huntington Harbour, the Orange County Harbors, Beaches and Parks District needs the City Council ' s authorization to act as their agents for this project. Recommendation: Adopt the attached resolution authorizing the County' s Harbors, Beaches and Parks District to act as agents for the city for the project to dredge Christiana Bay in Huntington Harbour. Analysis : The county is now preparing design plans for a $1 . 5 million project to dredge the Main Channel in Hunting-;-on Harbour from the Anaheim Bay bridge to Warner Avenue. Previously the City Council authorized including the dredging of Christiana Bay in the first phase of this project. Christiana Bay has a shoaling problem at the outlet of the Heil Avenue storm drain which is causing navigation problems . Section VIII-B of city-county Agreement No. D85-144 provides for the district to act as the city' s agent when authorized by the City Council . The cost to the city for dredging Christiana Bay is estimated to be $23 , 000 . Alternative Action: 1 . Do not adopt the attached resolution. 2 . Do not authorize the dredging of Christiana Bay. Funding Source : Funds are included in the 1986-87 budget' in Account No. 343390 to cover the costs of this project. Attachments : 1 . O.C.E.M.A. letter dated 10/27/86 . 2 . Section VIII-B of Agreement No. D85-144 . 3 . Map. 40e 4 . Resolution. Plo 5/85 MURRAY STORM Director,EMA 4 U NTY O F ;DEP-r. c- �. ��_I i� H.J.KRIZAN Director of 2 1 r;i:; - 1l - ' Parks&Recreation Location: 5 3 RA N G E 12 Civic Center Plaza . HUN-nNGTON BEACH. P.O.Box 4048 Santa Ana,CA 92702-4048 ENVIRONMENTAL MANAGEMENT AGENCY Mailing Address: P.O.Box 4048 PARKS AND RECREATION Santa Ana,CA 92702-4048 Telephone: (714)834-8834 Mr. Paul Cook NT 2 7 11103% FILE Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Christiana Bay Dredging Dear Paul: In December 1985, the City of Huntington Beach and the Harbors, Beaches and Parks District (HBPD) entered into an agreement on the joint administration of maintenance and operation of Huntington Harbor waterways. Under the terms of this agreement, the HBPD would have responsibility for the main- tenance dredging within the Huntington Harbour main channel for the purposes of maintaining the navigational depths. The City would be responsible for the maintenance dredging of all other waterways within Huntington Harbour. The agreement also provided that the HBPD could act as the agent for the City in dredging of its waterways when requested by the City. By your letter dated January 8, 1986, it is understood that you desire the HBPD to act as the City's agent in the maintenance dredging of Christiana Bay in Huntington Harbour, as permitted by our cooperative agreement. Section VIII, subparagraph B provides that the HBPD can act as the agent for the City in dredging its waterways when requested by the "City". In our judgment, "City" in this context means the City Council, therefore any such request would require authorization by your City Council prior to our including Christiana Bay in our dredging program. The "Request for Council Action," approved by your City Council on January 7, 1985, that you forwarded to Ken Scattergood of my staff only authorized the negotiation of a waterway cleaning agreement for Huntington Harbour. This action did not request or authorize the performance of any specific design or construction work by the HBPD on behalf of the City, and is insufficient for the purpose described in Section VIII, B. The HBPD is completing the design phase of the maintenance dredging project, and it will be soliciting bids for the performance of the dredging over the I Mr. Paul Cook Page 2 next few months. Please arrange for formal City Council authorization that HBPD act as its agent in regards the maintenance dredging of Christiana Bay. so_ that district can include same within its dredging oroiect within Huntington Harbour. If you have any questions, please call Ken Scattergood at 834-2174. Very t ly yours, H. J. Krizan RFW:mw cc: Jim Williams r Ir9fl CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Lou Sandoval, Public Works Director FROM: Connie Brockway, City Clerk SUBJECT: Communication Regarding Appeal DATE: January 16, 1992 Mr. Rosen has requested an opportunity to address Council.during the Public Comments portion of the meeting on February 3, 1992 regarding the attached matter. CC: City Administrator City Attorney 0994K LAW OFFICES W.EDGAR JESSUP,JR. BARRY MACNAUGHTON JOHN W.ERVIN MERTR S.SPEARS STEVENA AN ERVIN, COHEN 8 JESSUP 1917-1982 BERTRAM K.MASSING CRAIG T.CUDEN UDEN MAR IN H.LEWIS SY LVIA D.LAUTSCH LEONARD COHEN HAROLD J.DELEVIEt EL SA BANUELOS A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS RETIRED DAVID P.KASSOY JACOB D.LEE GARY J.FREEDMANt DEBORAH A.BERTHEL NINTH FLOOR LEE SILVER HOWARD Z.BERMAN JAMES A.RICE NA LIE C.ZIONTZ 9401 WILSHIRE BOULEVARD ALLAN B.COOPER KELLY O. COTT DAVID R.EANDI LAYTON L.PACE BEVERLY HILLS, CALIFORNIA 90212-2974 GARY O.MICHELt GLEN E.KRAEMER G REGORY M.MACGREGOR GREGORY G.GORMAN TELEPHONE: (310) 273-6333 WRITER'S DIRECT DIAL: THOMAS A.KIRSCH BAUM MARK T.KAWA JOAN B.VELAZQUEZ GARY A.PERLMUTTER FAX: (310) 859-2325 THOMASLIFF F.R.I GAREE T.GARVIN STEVEN H.PRICE IAN (310) 281-6340 ROBERT MICHAEL WAXMAN VICTORIA WORTH REEVE E.CHUDD JAMES A.MERCER III J.RICHARD GRIGGS MICHAEL G.CLATEMAN KENNETH A.LUER DARCY L.HONIG REF. OUR FILE NO. RONALD M.ST.MARIE BARBARA J.SALZMAN LINDA A.KIRIOS BARI J.COOPER 4015-003 PHILIP STARR to PROVE.—NAL CORPORATION January 15, 1992 �t City Clerk's Office . City of Huntington Beach 2000 Main Street h:I Second Floor Huntington Beach, California 92648 ti. Re: Appeal of Issuance of Harbor Permit c.r Dear City Clerk: f I enclose an original and one copy of a Verified Appeal of Issuance of Harbor Permit on behalf of our clients, Irvin and Lynne Rosen. Pursuant to my telephone call with your office yesterday and with Steve May, the Appeal will be placed on the agenda for public comments and you will provide me with a date on which our clients will have an opportunity to address the City Council on this matter.- I have enclosed a filing fee of $200.00 if a fee is in fact required. Please return a conformed copy of the Appeal to this office with my messenger. If you should have any questions or comments, please call me at (310)281-6340. V truly yours, 6& Y u nda M. Wilson Assistant to Ronald M. St. Marie /lmw EnclosuresU201502 /v �z- jo., L VERIFIED APPEAL OF ISSUANCE OF HARBOR PERMIT • Irvin and Lynne Rosen (the "Rosen") hereby appeal the issuance'of the Harbor Permit issued to Albert Wray, a copy of which is attached hereto as Exhibit "N', on the grounds that the work contemplated by the permit (a) violates the standard setback • requirements for the placement of docks as required by the Army Corp of Engineers general permit, and as adopted by the City of Huntington Beach (the "City"); and (b) • impinges on the Rosen's wharfage rights by reducing the effective size of their boat slip within their wharfage easement. The Rosens are owners and residents of the home and wharfage easement rights • situated at 16332 Niantic Circle, in the City. Their neighbors, Albert and Evelyn Wray, current owners of the residence located at 16336 Niantic Circle, claim a wharfage easement adjacent to the Rosen's. As illustrated in Exhibit "B" hereto, the Rosens' and • Wrays' easements are separated by an existing "dock finger." In or about 1975, the Wrays' predecessor moved the dock finger, without permit or other approval of the City, beyond the wharfage easement line and into the Rosens' • wharfage easement. The result was to increase the Wrays' boat slip from the original width of 12 feet, 9 inches to 15 feet, 9 inches, and reducing the width of the Rosens' slip • from 15 feet to 12 feet. When Mr. Rosen's prior wife (now deceased) attempted to ascertain whether this move was approved by the City, she was erroneously informed that the move was permitted. • In or about 1978, after the Wrays purchased the house in question, it was acknowledged that the dock finger was placed beyond the easement line, and it was agreed that when the Wrays no longer needed the use of a wide boat slip for their• . oversized boat, they would relocate the dock finger back to its original position. Withia. the last year, the Wrays sold their oversized boat and placed their house up for sale. • Accordingly, the Rosens requested that the Wrays relocate the dock finger as agreed. When the Wrays refused to do so, the Rosens' contractor, Bruce Fenton of The Dock Company, contacted the City's engineering department requesting a determination • of the City's policy on the placement of the dock finger in proximity to the wharfage easement line. On September 16, 1991, Steve W. May, the Principal Civil Engineer of • the City wrote to Mr. Fenton and represented: "The rule is simple. Any structures must be set back a minimum of one foot from the warfage [sic] easement lines (dashed lines). The • purpose of the setback is to allow clearance between structures so that they can move independently with the tides, and to avoid structures being over the line due to minor errors in construction. The setback is not for use of the adjacent property owner" See Exhibit "C" hereto, which a true and correct copy of Mr. May's letter of September 16, 1991 to Mr. Fenton. As further noted by Mr. May, the Wrays' dock finger had been originally moved without permit and a request was made to the Wrays to relocate the dock finger consistent with the one foot rule to the Wrays' side of the easement line. This 'one-foot" rule, not codified in the City building code, is based upon the Department of the Army General Permit GP002, a copy of which was provided to the 0 Rosens by Mr. May and is attached hereto as Exhibit "E." That permit authorizes the modification of docks pursuant to established criteria as set forth in the permit and as illustrated in the "typical drawings" attached thereto. As interpreted by Mr. May, the governing criteria applicable to the location of the Wrays' dock is illustrated in sheet 3 of the illustrations attached to Exhibit "E." -2- The Wrays failed to comply with Mr. May's request to move the dock finger. Accordingly, the Rosens applied for and received a permit to move the dock finger. Thereafter, the dock finger was relocated to the Wrays' side of the easement line. As a result, the Wrays' slip was reduced in width by 1 foot 5 inches to 14 feet 4 inches (still • in excess of the original standard width and the width of their other neighbors). The Rosen' boat slip was increased to a width of only 13 feet, 5 inches, but still narrower • than the slip originally available to them. In or about December, 1991, however, Mr. May reversed himself, apparently at the prompting of the Wrays. Thus, in a letter dated December 4, 1991, Mr. May • notified the Wrays that the dock finger could be relocated to within one inch of the easement line. See Exhibit "D" which a true and correct copy of the letter from Mr. May to the Wrays dated December 4, 1991. In that letter Mr. May acknowledged that • the one foot set-back "is a standard recommended by the Corps of Engineers to allow for construction error or minor movement." However, Mr. May continued: "The applicability of this standard to your case is not clearly • necessary or appropriate, because your wharfage configuaration [sic] is not the typical rectangular arrangement to which the rule is routinely applied." Counsel has been informed by Mr. May that this is the first and only deviation from the "one foot" rule authorized by the City. Based solely on the bare conclusion that the application of the federal and City standards were not "clearly necessary or appropriate," Mr. May stated that he would approve the relocation of the dock within one inch of the easement line under the following condition--that the Wrays must: "l. Provide deed or other record document which clearly defines the configuration of your wharfage area; -3- i 2. Provide a plan of the existing condition showing dock location and easement or property lines, prepared by a licensed civil engineer or licensed surveyor. 3. Provide a plan of the relocated condition showing dock locations and easement lines prepared by a licensed civil engineer or licensed land surveyor." ! Exhibit "D." Notwithstanding this statement of policy, on January 6, 1992, Steve May approved a permit to relocate the dock finger without requiring the latter two conditions and ! without any further justification or reason to deviate from the Army permit and City standards. Since the issuance of the permit, the Wrays' dock finger has been relocated to within one inch of the easement line. More importantly, the configuration of the 0 Wrays' boat slip has been modified so that it is wider at its mouth (16 feet 3 inches) than at its head (14 feet 2 inches). As a result, the dock finger lies at an angle so that the tip of the dock finger severely restricts the Rosens' access to their boat slip. There is also no more than six inches clearance between the Wrays' dock finger and the waterline of the boat currently being moored in the Rosens' slip. The Rosens believe that there is a substantial risk that the dock finger could move beyond the easement line (either as a result of the natural movement caused by changes in tides or inclement weather) and thereby restrict the Rosens' use of their easement or cause r damage to the boat now in the Rosens' slip. The Rosens submit that the radical nature of this change in configuration can best be seen when the Rosens' inlet (located between Niantic Circle and Ntarufa Circle) is compared to the original configuration as located in the inlet between Marufa Circle and Ladona Circle, as well as other inlets throughout the Harbor. The Rosens believe -4- a . that the original configuration best conformed to the intent of the Army Corp and the City to promote the safe, fair and equitable access to residents' boat slips. The Rosens intend to supplement this Appeal with photographs of these other inlets within the next week. Based on the foregoing, the Rosens respectfully submit that the Wrays' permit was issued improperly and improvidently. There is no practical reason why the Wrays should be entitled to a larger boat slip than that which their neighbors presently enjoy. There has been no showing that the Wrays need an oversized slip. At best, such is being used solely to increase the value of the Wrays' property which they are currently S trying to sell. It infringes on the rights of the Rosens, who have been residents of the City for more tham!6 i years. Accordingly, the Rosens respectfully request that the City Council consider this appeal, rescind the issuance of the Wrays' permit and order the relocation of the dock finger back to the its original position in conformity with the other inlets in the area, or, at a minimum, to its position immediately prior to the issuance of the January 6, 1992 permit. Dated: January 13, 1992 ERVIN, COHEN & JESSUP 0 Byj Ronald M. S :, arie Attorneys for Irvin and Lynne Rosen 1=0902 ERVIN9 COHEN & JESSUP 9401 WILSHIRE BLVD. 9th FLOOR BEVERLY HILLS$ CALIF. 90212 (31 u) a-7 3- 10 333 -5- CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT HARBOR PERMIT/APPLICATION NO. DATE I 30 j� Contractor: Owner's Name AL. `V M! • Name Q " =1ApMt7 S p Go Address 633` -. 6T'1G C. %TL• Bus. Address ?to, VX 21 b .lc A G F%• G u , Telephone No. `�r 4 a - so 2 Telephone No. 4 . S Job Address Sa► w• G State License No. City Licens o. Tract 054. 9 t Signed by Lot # b t Au h6i"lizd0d agent This request is hereby made for permission to (Applicant will describe here what he/she wishes to construct or improve) . g- r. < ��e To ,G ,,- -77& A permit to construct this dock cannot be approved until a copy of the Coastal Development Permit with approved plans is received by the City of Huntington Beach. California Coastal Commission, South District, 245 W. Broadway, Ste 380, Long Beach, CA 90802-4458. *NOTE: Your plan must be approved in concept /by the City before applying for a Coastal Development Permit. Requirements: Pursuant to Municipal Code Section 13 .36.080, "No vessel shall extend beyond the pierhead line". The Contractor shall give the Orange County Harbor Patrol a copy of the Harbor Permit prior to commencement of work. All work shall be in accordance with the Standard Specifications of the City of Huntington Beach and drawings attached or referenced. Inspection• All work must be inspected and permittee must be present during inspections. 24 hours advance notice must be given prior to commencement of work, and before -completion of work. Call (714) 536-5431 to make an appointment. • OFFICE Valuation $ Fee $X C] If-e min. ) USE Rec'd By: A//A Date Rec d 1,11A ONLY Check No. MA Rec. No. ,yfa Insur. Verified By: Exp. Date Date 'r Approval in Concept N fl CA Coastal Comm. /t/ZIA _ State Lands Comm. Permit Appv. Final Inspection • The contractor agrees to do the work in accordance with the rules, regulations, specifications and ordinances of the City of Huntington Beach. All work performed is subject to inspection and approval of the City of Huntington Beach. 1. Office (DPW) Original 5. Corps of Engineers 2 . Inspector 6 . Orange County Assessor 3 . Applicant 7 . Orange County Harbor Patrol 4 . Contractor m.,-.unVnV L'W 10 • o ) j To ti�J�/ �� ,�/ZDn� ALo=. NI/N�MUM s�T�fAGJE OF /" F/10 y PrFk#46-AO l�? 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S �6 m O S O O " ab 42 �8O 44 45 46 a O 32 O 47 ea.° M So 5?r' $ ease' de 'kyr' 1 ^ .p 6B h ' M/SFRAL �,' °' 48 ,e /2 O 5n' 2954' a3a> `'°' so• '°'s p 5p 69 i s��y DRIVE v4 G`4v ,. 70 0 3 Q O 2 82. 3962' 39 1 8 '•� ® e aOe i vvrC� 264 263 _= O O O 0 2 O C) 8 10 0 8 13 eoo !O m O Q > 262 / O II m 12 14 71 R4 zoo tc . J 260 259 258 257 256 255 go 249 254 253� O B' 9 NOTE:- THE AREAS DASHED IY/THIN LOT"a 52 25/ m'3� �-• o• h, AND DESIGNATED BY ARABIC NUMERALS AND LETTERS DELINEATE AREAS WHICH B ARE APPURTENANT AND ALLOCATED O6 73 a �'•-?R'o ti TO LOTS BEARING CORRESPONDING ` �- :. •-Lam-;�:: LOT NUMBERS. 0 74 LEGEND _ .o. -N �5 8I (O/?;•.-•:''•�,S PM 16-2 A- ACCESS WAYS 6 e O PM. 16-3 D-DECK AND RAMP AREAS ` - $-BOAT SLIPS NOTE - ASSESSORS BLOCK B ASSESSORS MAP Qs. MARCH /966 P.M. 16-4 W-WHARFAGE PARCEL NUMBERS BOOK 178 PAGE 03 SHOWN IN CIRCLES COUNTY OF ORANGE - - - � �ON - p...-------- -- , - - -. Fn- :'9-- . . . . . . . . . . . CITY OF Htv NTINGTON BEACH 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Louis F. Sandoval September 16, 1991 Public Works Department Director (714) 536-5431 Mr. Bruce Fenton The Dock Company 16835 Algonquin, #116 Huntington Beach, CA 92649 Subject: Huntington Harbour Setback • Lot 61 of Tract 5481, 16336 Niantic Circle Dear Mr. Fenton: This letter addresses setbacks for docks within Huntington Harbour, and in particular, an existing dock at 16336 Niantic Circle. The enclosed sketch, provided by you, shows property lines, pierhead lines and warfage easement lines. The pierhead line was established by the original tract map. The warfage easement lines (dashed) were established by deeds to the individual property owners. Warfage easement lines are sidelines. The rule is simple. Any structures must be set back a minimum of one foot from the warfage easement lines (dashed lines). The purpose of the setback is to allow clearance between r structures so that they can move independently with the tides, and to avoid structures being over the line due to minor errors in construction. The setback is not for use of the adjacent property owner. A structure designed to be one foot away from the easement line could end up being closer than that to the line because of normal construction error and movement of piles with time. Minor variations from the setback resulting from either of these two factors would not be cause for corrective action by the City. However, intentional modification of docks without a permit, could be cause for action by the City to correct the situation. The subject dock within warfage area 61-S has been modified without a permit and is reportedly . over the easement line. By copy of this letter, I am requesting that the owner of the dock in 61-5 voluntarily move the dock to one foot from the easement line. In consideration of voluntary compliance the City will issue a no-fee permit for the modification. Please contact me if you have any other questions about this matter. Sincerely, Steve W. May, PE Principal Civil Engineer SWM:dw cc: Ms. Lynne Rosen 16632 Niantic Circle Mr. Al Wray 16336 Niantic Circle Enclosure: Warfage Area Map 3049g/1 • tow. , 1 1Wo v, . * QIIrM� its << i �a t ` i C mow► r ��, ',� APO M EA 5�� T Lov aS ' COP CITY OF HUNTINGTON BEACH - PUBLIC WORKS DEPARTMENT HARBOR PERMIT NOTE: Fee-. • The Dock CagwW Name of Applicant • 16835 Algorrr„n #116 Mailing Address _- Iiuntington Beach CA 92649 '1 In compliance with your application of Septent)er 16 119, and. subject to all-termsi- conditions and restrictions written below or printed as general, or special provsiotlar � y; part of this form, PERMISSION IS HEREBY GRANTED TO: Move existing dock at 16336 Ni antic Circle, Lot 61 of Tract. 548Vto- existing warfage area 61:5. See letter dated 9/16/91 by Stelae May, • Beach, Public Works ; Actual construction of this dock cannot be started until written approval has been reae%vecf- from the California Coastal Zone Conservation Commission, South Coast Region. • All work to be in accordance with the Standard Specifications of the city of Huntivtgton- Beach and drawings attached or reference thereto. Prior to the start of construction please verify with the Corps of Engineers as #other= validity of their permit on this wharfage area. • Inspection All work must be inspected and someone must be present. 24 hours advance notice must be given prior to commencement and also before.co of work. Call (714) 536-5431 to make appointment. " Approved o Date • r� Permit No. 83-9 Final Inspection Approval cc: 1. Office (DPW) Original` '�'y 2. Inspector 3. Applicant • 4. Contractor Inspection Date 5. Corps of Engineers 6. Orange County Assessor 7. Orange County Harbor Patrol • 0405G CITY OF HUN TIIVGTON BEACH 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director (714) 536-5431 December 4, 1991 • Albert and Evelyn Wray 16336 Niantic Circle Huntington Beach, CA 92649 Subject: Dock Relocation; Lot 61, Tract 5481 This letter is in response to your claim that the present position of your dock is farther from the side line of your wharfage area than it needs to be, and that this position reduces the usable area in your wharfage area. You stated that the dock is now set back from the side line as much as V — 11". In my letter to Bruce Fenton, dated September 16, 1991, I stated that the dock should be setback one foot from the side line. This is a standard recommended by the Corps of Engineers to allow for construction error and minor movement. The applicability of this standard to your case is not clearly necessary or appropriate, because your wharfage configuaration is not the typical rectangular arrangement to which the rule is routinely applied. I have reviewed the dock and wharfage configurations of your's and adjoining properties, and agree that the one foot setback could be waived if certain conditions are satisfied. Clearance from adjacent structures is not a concern, as there are not any, but the precise location of the wharfage boundary line relative to the dock is a concern. This has already become an item of dispute between you and your neighbor. Following are conditions under which I will issue a permit to relocate your dock to 1" from the side line of your wharfage area: 1. Provide deed or other record document which clearly defines the configuration of your wharfage area. 2. Provide a plan of the existing condition showing dock location and easement or property lines, prepared by a licensed civil engineer or licensed surveyor. 3. Provide a plan of the relocated condition showing dock locations and easement lines, prepared by a licensed civil engineer or licensed land surveyor. Please call me if you have any other questions. Very truly yours, Steve W. May. P.E. Principal Engineer SWM:gd i 3128g/7 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES, CALIFORNIA 90083 REPLY TO ATTENTION OF: GENERAL PERMIT GP002 HUNTINGTON HARBOUR November 1, 1983 • TO WHOM IT MAY CONCERN: The District Engineer, Los Angeles District, Corps of Engineers announces the renewal of General Permit 002 covering the installation of privately owned boat docks in Huntington Harbour, a Navigable Water of the United States, as required by Section 10 of the River and Harbor Act of 3 March 1899. This permit is issued in accordance with the provisions of 33 CFR 320, 322, 325-26, and 328-29, titl— "Regulatory Program of the Corps of Engineers", which provides that the District Engineer may issue a general permit for activities which are substantially similar in nature, that cause only minimal adverse environmental impacts when performed separately and have minimal adverse cumulative effect on the environment. Upon issuance of a general permit all activities meeting the established criteria are approved and will not require the submission of individual permit applications. This renewed general permit authorizes the installation and modification of privately owned boat docks (including cantilevered decks, gangways, floats, and piling) in those areas of Huntington Harbour that are bulkheaded. The general permit is also applicable to the installation of boat docks after the future construction of bulkheads in those areas where bulkheads are or will be permitted. Typical drawings, depicting the most common types of installation covered by this general permit, are included in this notice along with a map showing those Navigable Waters of the United States where the general permit is applicable. The general permit includes proposed facilities within any of the private property boundaries shown on the attached drawings. Individual boat docks that do not conform to the established general. criteria will require an individual permit. The general permit is not applicable to commercial or public marinas. The general permit is issued for a period of five (5) years from the effective date. SPECIAL CONDITIONS a. The permittee shall notify the District Engineer in writing at-least fifteen (15) days prior to the initiation of the work. This notification shall include a drawing showing the dock length, location of the dock by lot and tract number, and the name, address, and telephone number of the p ermi t t e e. GENERAL PERMIT GP002 • HUNTINGTON HARBOUR b. The permittee shall comply with the city of Huntington Beach and county of Orange or other local authority in the construction and placement of the dock. c. There shall be one dock per property owner and the dock will be located so that a boat moored to the dock will not extend beyond the locally established pi erhead line. d. Docks shall not exceed 800 square feet of float or pier surface. e. The permittee shall submit project plans to the California Regional Water Quality Control Board, Santa Ana Region, and shall obtain approval from the Regional Board prior to initiation of any work authorized herein. f. That the permittee shall notify the Commander (oan) llth Coast Guard District, Union Bank Building, 400 Oceangate, Long Beach, CA 90822, (213) 590-2222 at least 2 weeks prior to start of the activity and 30 days if buoys are to be placed. g. That the permittee shall control floating debris, from construction activities, so that none enters the navigable portions of the harbor. h. That a cantilever deck, constructed, enlarged, or replaced, shall not exceed 50 square feet in area, nor extend more than 5 feet seaward of the bulkhead. STANDARD CONDITIONS a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this general permit; and that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this general permit which may result in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this general permit has been previously modified, suspended or revoked in whole or in part. b. That the permittee agrees to make every reasonable effort to prosecute the work authorized herein in a manner so as to minimize any adverse impact of the work on fish, wildlife and natural environmental values. C. That the permittee agrees to prosecute the work authorized herein in a manner so as to minimize any degradation of water quality. d. That the permittee shall permit the District Engineer or his authorized representative(s) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this general permit is in accordance with the terms and conditions prescribed herein. 2 GENERAL PERMIT GP002 HUNTINGTON HARBOUR • e. That the permittee shall maintain the structure or. work authorized herein in good condition and in accordance with the drawings attached hereto. f. That this general permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does not • authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. g. That this general permit does not authorize the interference with any • existing or proposed Federal project and that the permittee shall not be entitled to compensation for damage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. h. That this general permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in the general public interest. i. That this general permit may be either modified, suspended or revoked, in whole or in part, if the Secretary of the Army or his authorized . representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. Any such modification, suspension, or revocation shall become effective thirty (30) days after publication of written notice of such action which shall specify the facts or conduct warranting same. j . That any modification, suspension, or revocation of this general permit shall not be the basis for any claim for damages against the United States. k. That no attempt shall be made by the owner_' to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this general permit. 1. That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the permittee. M. That if and when the permittee desires to abandon the activity authorized herein he must restore the area to a condition satisfactory to the District Engineer. n. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. 3 GENERAL PERMIT GP002 HUNTINGTON HARBOUR o. That permittee hereby recognizes the possibility that the structure permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this general permit does not relieve the permittee from taking all proper steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash and the permittee shall not hold the United States liable for such damage. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Paul W. Taylor Colonel, Corps of Engineer District Engineer ,c Olt, r,co G 9 — C. / AO -- — — 7 - G T SO _� �-� TQ.4CT 5-3 G 0 `�i Cyr i •S i000 zovo Sheei_ 1 CF3. ,,- -- CANT ►LEVER DECK Q W3A° Q 3Q ° o P I L.1 N G � w � wz m -\- 7yp. PRNATE SINGLE OR MULTI PL. E DOCKING E' I, AN >_a-� OU7 NOT -TO S C ALE vARIA BLE --PIER-HE'AI"� 5 MAX. LL I N 5 DEC} 10.5 -+ i- 11.4 MI..L�►,1 A- COINC. PILING i 3`WIDE GANGWA`f 1=L-OATING OOCy 0.0 M LLW 3 _15 .00 -1O MLLw TYPICAL. SECTION - zi .00 NOT TO SCALE Sh�e� 2 OF 3 lo PIE RHEAQ r ly, Ti' �J Q IL Q tljx 04 ID o � GANG"VWY ti PLAN N O'T To SCALY, V.RRIABLE; r��IFIEFHEAD - LZNE, 5' i- 9_75 DECK 10. + 14 " � COxC. PILING 31 w I O1~ G AIAGWA`r F'LOA`I'ING OOCK O.0 MLLW ' -10. 00 SECTION . L-I O`I' `I"O 5 C ALA ZIhe.e+ 3 CV3 r, VERIFICATION • STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES ) I have read the foregoing APPEAL OF ISSUANCE OF HARBOR PERMIT and know its contents. p0q I am a the Appellant in this action. The matters stated in the foregoing document are true of my own knowledge except as to those matters which are stated 0 on information and belief, and as to those matters I believe them to be true. [ ] I am of , a party to this action, and am authorized to make this verification on its behalf, and I make this verification for that reason. [ ] I am informed and believe and on that ground allege that the matters stated in the foregoing document are true. [ ] The matters stated in the foregoing document are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. [ ] I am one of the attorneys for , a party to this * action. Such party is absent from the county of aforesaid where such attorneys have their offices, and I make this verification for an on behalf of that party for that reason. I am informed and believe and on that ground allege that the matters stated in the foregoing document are true. • Executed this day of January, 1992 at Huntington Beach, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. • - Irvin Rosen r, /------ Print Name Signature • • 4 i ' LAW OFFICES W.EDGAR JESSUP,JR. BARRY MACNAUGHTON JOHN W.ERVIN IS RTR S.SPEARS STEVEN A UDENROSEMAN ERVIN, C O H EN F3 JESSUP 1917-1982 BERTRAM K.MASSING CRAIG T.CUDEN MARVIN H.LEWIS SV LVIA D.LAUTSCH LEONARD COHEN HAROLD J.DELEVIEt EL SA BANUELOS A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS RETIRED DAVID P.KASSOY JACOB D.LEE GAR Y J.FREEDMANt DEBORAH A.BERTHEL NINTH FLOOR LEE SILVER HOWARD Z.BERMAN JAMES A.RICE NATALIE C.ZIONTZ 9401 WILSHIRE BOULEVARD ALLAN B.COOPER KELLY O. COTT DAVID R.EANDI LAYTON L.PACE BEVERLY HILLS, CALIFORNIA 90212-2974 GA 0.MICHELt GLEN E.KRAEMER GREGORY M.MACGREGOR GREGORY G.GORMAN TELEPHONE: (310) 273-6333 WRITER'S DIRECT DIAL: THOMAS A.KIRSCHBAUM MARK T.KAWA JOAN B.VELAZQUEZ GARY A.PERLMUTTER FAX: (310) 859-2325 E.A.OLLIFF III GAREE T GASPERIAN THOMAS F.R.GARVIN STEVEN H.PRICE (310) 281-6340 ROBERT MI CHAEL WAXMAN VICTORIA WORTH REEVE E.CHUDD JAMES A.MERCER III J.RI CHARD GRIGGS MICHAEL G.CLATEMAN KENNETH A.WMR DARCV L.HONIG REF. OUR FILE NO. RONALD M. IO MR BAR[J.C J.SALZMAN LINDA A.KIRIOS SARI J.COOPER PHILIP STARR 4015-003 to PROFESSIONAL CORPORATION February 6, 1992 VIA FEDERAL EXPRESS ' Connie Brockway City Clerk N1 s City of Huntington Beach co 200 Main Street Second Floor Huntington Beach, CA Re: Request of Lynne and Iry Rosen to Sneak Before City Council Dear Ms. Brockway: Pursuant to your instructions, this will serve as notice of the intent of Lynne and Iry Rosen to speak before the City Council of the City of Huntington Beach on February 18, 1992 during the public comments portion of the meeting on that date. The following pertinent information is hereby provided: SPEAKER(S): Irvin and Lynne Rosen SUBJECT MATTER: The failure of the Department of Public Works to follow applicable City and Army Corp of Engineer Guidelines in issuing Harbor Permit to Albert Wray authorizing the move and placement of a boat dock to within one inch of the property line of the Rosens, thereby restricting the effective use by the Rosen's of their wharfage easement. REQUESTED ACTION: The Rosens request the City Council rescind and/or vacate the Harbor Permit and require the Wrays to return the dock to its original position consistent with other docks in similar areas and circumstances, but in no regard closer than one-foot of the property/easement line mandated by the City and Army Corp of Engineers. ' f ° ' o , LAW OFFICES ERVIN, COHEN & JESSUP A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS Connie Brockway February 6, 1992 Page 2 SUPPORTING EXHIBITS: The Rosens previously submitted to the City a written exposition of their position in the form of a "Verified Appeal of Issuance of Harbor Permit." A copy of this document is attached hereto. Appended to that document are Exhibits supporting such claims. The Rosens will rely on that document, including Exhibits, in addition to supplementation of thereof as the support for the position taken above. I would appreciate it if you could confirm the receipt of this letter together with any further requirement of the City in this regard. If you have any further questions or comments, please do not hesitate to contact me. Ve truly y rs, onald M. St. arie Of Ervin, Cohen & Jessup RSM:Imw 1, VERIFIED APPEAL OF ISSUANCE OF HARBOR PERMIT • Irvin and Lynne Rosen (the "Rosen") hereby appeal the issuance of the Harbor Permit issued to Albert Wray, a copy of which is attached hereto as Exhibit "A", on the grounds that the work contemplated by the permit (a) violates the standard setback • requirements for the placement of docks as required by the Army Corp of Engineers general permit, and as adopted by the City of Huntington Beach (the "City"); and (b) • impinges on the Rosen's wharfage rights by reducing the effective size of their boat slip within their wharfage easement. The Rosens are owners and residents of the home and wharfage easement rights • situated at 16332 Niantic Circle, in the City. Their neighbors, Albert and Evelyn Wray, current owners of the residence located at 16336 Niantic Circle, claim a wharfage easement adjacent to the Rosen's. As illustrated in Exhibit "B" hereto, the Rosens' and • Wrays' easements are separated by an existing "dock finger." In or about 1975, the Wrays' predecessor moved the dock finger, without permit or other approval of the City, beyond the wharfage easement line and into the Rosens' • wharfage easement. The result was to increase the Wrays' boat slip from the original width of 12 feet, 9 inches to 15 feet, 9 inches, and reducing the width of the Rosens' slip • from 15 feet to 12 feet. When Mr. Rosen's prior wife (now deceased) attempted to ascertain whether this move was approved by the City, she was erroneously informed that the move was permitted. -• In or about 1978, after the Wrays purchased the house in question, it was acknowledged that the dock finger was placed beyond the easement line, and it was agreed that when the Wrays no longer needed the use of a wide boat slip for their • oversized boat, they would relocate the dock finger back to its original position. Within • the last year, the Wrays sold their oversized boat and placed their house up for sale. • Accordingly, the Rosens requested that the Wrays relocate the dock finger as agreed. When the Wrays refused to do so, the Rosens' contractor, Bruce Fenton of The Dock Company, contacted the City's engineering department requesting a determination • of the City's policy on the placement of the dock finger in proximity to the wharfage easement line. On September 16, 1991, Steve W. May, the Principal Civil Engineer of • the City wrote to Mr. Fenton and represented: "The rule is simple. Any structures must be set back a minimum of one foot from the warfage [sic] easement lines (dashed lines). The • purpose of the setback is to allow clearance between structures so that they can move independently with the tides, and to avoid structures being over the line due to minor errors in construction. The setback is not for • use of the adjacent property owner" See Exhibit "C" hereto, which a true and correct copy of Mr. May's letter of September 16, 1991 to Mr. Fenton. • As further noted by Mr. May, the Wrays' dock finger had been originally moved without permit and a request was made to the Wrays to relocate the dock finger consistent with • the one foot rule to the Wrays' side of the easement line. This "one-foot" rule, not codified in the City building code, is based upon the Department of the Army General Permit GP002, a copy of which was provided to the • Rosens by Mr. May and is attached hereto as Exhibit T." That permit authorizes the modification of docks pursuant to established criteria as set forth in the permit and as illustrated in the "typical drawings" attached thereto. As interpreted by Mr. May, the • governing criteria applicable to the location of the Wrays' dock is illustrated in sheet 3 of the illustrations attached to Exhibit T. • -2- The Wrays failed to comply with Mr. May's request to move the dock finger. • Accordingly, the Rosens applied for and received a permit to move the dock finger. Thereafter, the dock finger was relocated to the Wrays' side of the easement line. As a result, the Wrays' slip was reduced in width by 1 foot 5 inches to 14 feet 4 inches (still • in excess of the original standard width and the width of their other neighbors). The Rosen' boat slip was increased to a width of only 13 feet, 5 inches, but still narrower • than the slip originally available to them. In or about December, 1991, however, Mr. May reversed himself, apparently at the prompting of the Wrays. Thus, in a letter dated December 4, 1991, Mr. May • notified the Wrays that the dock finger could be relocated to within one inch of the easement line. See Exhibit "D" which a true and correct copy of the letter from Mr. May to the Wrays dated December 4, 1991. In that letter Mr. May acknowledged that • the one foot set-back "is a standard recommended by the Corps of Engineers to allow for construction error or minor movement." However, Mr. May continued: "The applicability of this standard to your case is not clearly • necessary or appropriate, because your wharfage configuaration [sic] is not the typical rectangular arrangement to which the rule is routinely applied." • Counsel has been informed by Mr. May that this is the first and only deviation from the "one foot" rule authorized by the City. Based solely on the bare conclusion that the application of the federal and City 1 standards were not "clearly necessary or appropriate," Mr. May stated that he would approve the relocation of the dock within one inch of the easement line under the following condition--that the Wrays must: • "1. Provide deed or other record document which clearly defines the configuration of your wharfage area; 0 -3- 2. Provide a plan of the existing condition showing dock location and • easement or property lines, prepared by a licensed civil engineer or licensed surveyor. 3. Provide a plan of the relocated condition showing dock locations and • easement lines prepared by a licensed civil engineer or licensed land surveyor." Exhibit "D." • Notwithstanding this statement of policy, on January 6, 1992, Steve May approved a permit to relocate the dock finger without requiring the latter two conditions and • without any further justification or reason to deviate from the Army permit and City standards. Since the issuance of the permit, the Wrays' dock finger has been relocated to within one inch of the easement line. More importantly, the configuration of the • Wrays' boat slip has been modified so that it is wider at its mouth (16 feet 3 inches) than at its head (14 feet 2 inches). As a result, the dock finger lies at an angle so that the tip of the dock finger severely restricts the Rosens' access to their boat slip. • There is also no more than six inches clearance between the Wrays' dock finger and the waterline of the boat currently being moored in the Rosens' slip. The Rosens • believe that there is a substantial risk that the dock finger could move beyond the easement line (either as a result of the natural movement caused by changes in tides or inclement weather) and thereby restrict the Rosens' use of their easement or cause • damage to the boat now in the Rosens' slip. The Rosens submit that the radical nature of this change in configuration can best be seen when the Rosens' inlet (located between Niantic Circle and Marufa Circle) • is compared to the original configuration as located in the inlet between Marufa Circle and Ladona Circle, as well as other inlets throughout the Harbor. The Rosens believe 0 -4- • that the original configuration best conformed to the intent of the Army Corp and the 0 City to promote the safe, fair and equitable access to residents' boat slips. The Rosens . intend to supplement this Appeal with photographs of these other inlets within the next week. • Based on the foregoing, the Rosen's respectfully submit that the Wrays' permit was issued improperly and improvidently. There is no practical reason why the Wrays • should be entitled to a larger boat slip than that which their neighbors presently enjoy. There has been no showing that the Wrays need an oversized slip. At best, such is being used solely to increase the value of the Wrays' property which they are currently trying to sell. It infringes on the rights of the Rosens, who have been residents of the iwC - . :5 City for more thar si*� years. Accordingly, the Rosens respectfully request that the City Council consider this appeal, rescind the issuance of the Wrays' permit and order 0 the relocation of the dock finger back to the its original position in conformity with the other inlets in the area, or, at a minimum, to its position immediately prior to the issuance of the January 6, 1992 permit. • Dated: January 13, 1992 ERVIN, COHEN & JESSUP / By,, Ronald M. St. Marie Attorneys for Irvin and Lynne Rosen 1/200902 • • • -5- CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT HARBOR PERMIT/APPLICATION NO. DATE / 3D f� Contractor: Owner' s Name %v Q.�► __ Name —MA 0ti Oa Go Address 1G GtTL• Bus. Address Qs pj j'j Vk 21b5 Or1ain, �T3 EA G I,,&. C." . Telephone No. �Eq - 01. . Telephone No. S 4 7.. S Job Address Sa w+ C State License o. -'Z toCity Licens o. QQ sa G L Tract Signed by Lot # <e 1 Au r,-! zdd agent This request is hereby made for permission to (Applicant will describe her( what he/she wishes to construct or improve) . E /=i 6- S; To .G • L+J i 17 A permit to construct this dock cannot be approved until a copy of the Coastal Development Permit with approved plans is received by the City of Huntington Beach. California Coastal Commission, South District, 245 W. Broadway, Ste 380, Long Beach, CA 90802-4458 . *NOTE: Your plan must be approved in concept by the City before applying for a Coastal Development Permit. �• /}l�.r Reauirements• Pursuant to Municipal Code Section 13 . 36. 080, "No vessel shall extend beyond the pierhead line" . The Contractor shall give the orange County Harbor Patrol a copy of the Harbor Permit prior to commencement of work. All work shall be in accordance with the Standard Specifications of the City of Huntington Beacl and drawings attached or referenced. Inspection• All work must be inspected and permittee must be present during inspections. 24 hours advance notice must be given prior to commencement of work, and befora -completion of work. Call (714) 536-5431 to make an appointment. � A OFFICE Valuation $ Fee $Ae) in. ) ���j Date Rec'd /��USE Rec'd By: ONLY Check No. ,yIA Rec. No. Iv/A Insur. Verified By: Exp. Date . - Date Approval in Concept /t/ 14 CA Coastal Comm. IVIA State Lands Comm. Permit Appv.. 9�- Final Inspection The contractor agrees to do the work in accordance with the rules, regulations, specifications and ordinances of the City of Huntington Beach. All work performed is subject to inspection and approval of the City of Huntington Beach. _ 1. Office (DPW) Original 5 . Corps of Engineers 2 . Inspector 6 . Orange County Assessor 3 . Applicant 7 . Orange County Harbor Patrol 4 . Contractor �.nr.vnc J • y � � /��o vE �iauc Frz To W4LE: 10IN1,4461M SE-77,6 4Ck \? zlV E' 7o /,3f vER/F/ED Qv /,j' y Civ/L �.AJ{a,AJre-e. Op I L/C e"s ED Z,4a,0 S AVE rroje. n M Wl rve ss 4w Qy Cl ry 4N D 0 9a N TeS-r LoAP OF /oo-* APPvco As Swo w.v 4j/r#t v i �( Z- f v2f OF lli6hV&R 1411r 3G,oo v, 30 3°Z4 o T�sr GOA14 E�/17,446i r�F-1P �X!'T/ivca frE�'0Wd �j I l� c' I (o 3 Co !.� t D,I.��"1G C l2-, LOT L \`/Za IF . 111,119 , - I •POE it"l Will ■ ��� ♦ �p111� ■ � ilk�:�00:0���N,;�: -� i1 11111 ���♦j ♦��E�W� ♦•94y�,��,� • 11 IIIIwali1111111w111111� �11►�1������� i _ ♦ ,moo ���1 .► �6,MA,, i Evil APPROVAL • D.CTION DATE L APPROVAL FOR CONSTRU • .� io i • �11 NOTE - PARCEL 17R OJ4-76 /S a4P2OAC PORTION • • • ; • • e • Of L07 'H I Y/Nr f7LLOW WHARFAGE, DECKS, 68 178-03 SLIPS AND A,'CL5S WAYS .SHOWN ON I H/S MAP -- —_ POR LOr 'A' ' \ 75 TRACT . .,w• \ 56/AC w t PAR. LOT B ' p i• r.r-r• 76 3.PDAC. rJ-r A I ar-r / r, ° r sIr Q9 68 av i• - so' 47 23 ca a• sx ,�'.�. • P/ERH£AD r' 'a 12 13 /j P. , 'PA J LINE- - O46q Oz ° M /�\ 1 j P 1 6-2 SPAR 2� ',AdR.4 PAR..! ' 7T �i o !o PM /6-3 59 z ��PAR 5 �y ss� s C a• r .�iPAR.J O' • s3 '� 6O >o PAR 6`- r PAR 5 • 24 _ 49 pass' yo - so i • 45 e. 30 ,F ' ' ' 3e gp u.'+•' K -us 44 • p In O ar 15 r G ; ^ /B = 2 �. : BULKHEAD 6 "54 Z - LINE 29 V '� O " $: Q - • s/ 43 3 26 :. A 63 /7 O' s • (� 6J r S? 42 ` 27 jzs 64 /6 17 4 39 52 ' O .$ , P/ RH£AO LINE rlrlrl I 6 ��- 53 O 41 B to • 2 KH£AD LINE 7 M I� 6O R IB 51 C O /5 ' ,. ., fltLLtlw_Iw^ 5 m• Z IMltilwlrlrlr'O 26 i 40 a �so.3r• «s Io.O rlr_ --� ioo V / ,TJ r�°.11111°•Ilelwiw 29Ik 0 1s_o so -11 54 O� J»_r/n_rl I '° _-J J r • \`�a m- /4 (V O 66 • a _ 76 Q 59 SB 5715.o �° '25 j h 41 ,,°, !"- e w I-O � O 0 8 77 0,. • Z •o,.w' m JA 37 34 36 5 O21 22 23 . saps' 38 S Ji 49 ° /J °O o sores S .. o �• '/0� � O a<• a 42 g O 44 45 O 47 ,� o^ ' 12 c MISTRAL " so so .. �- Sn' ass! ' co e,. +es a s° 69 1•tea` 8 DRIVE7 +d 2 0 Q J O. 1 $ O Q 2 $ O 3 ® 0 © 00 2 O C) 8 10 g II 12 13 S 14 �. IO c e.�4y S P64 263 a; 0 J �o' / 6p P39 (V 71 y'�rC$/c IV 257 256 253 so ?49 Q, 4?.,P.o'er.- Z NOT£:- THE AREAS DASHED M(/TN/N LOT"a" 32 . 25/ AND DESIGNATED BY ARABIC NUMERALS �P ' ��`.' ,�����Q. AND LETTERS DELINEATE AREAS WHICH B ARE APPURTENANT AND ALLOCATED TO LOTS BEARING CORRESPONDING 06 _ LOT NUMBERS. z• ~ LEGEND . ° •N 5 8/ PM /6-2 A- ACCESS WAYS 6 O PM /6-3 D-DECK AND RAMP AREAS � h S-Boar SLIPS NOTE - ASSESSOR'S BLOCKS ASSESSOR'S MAP s- MARCH 1966 PM 16-4 W- WHARFAGE PARCEL NUMBERS BOOK 178 PAGE 03 SHOWN IN CIRCLES COUNTY OF ORANGE i I . ill If ip , t , i Ij � i jl ! Ai + ! i I f I ; ± Ililt�l t ; � I ' I I1111 � IIIII , i , It � I + i • i, CITY OF HUNTINGTON BEACH • 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director September 16, 1991 (714) 536-5431 • Mr. Bruce Fenton The Dock Company 16835 Algonquin, #116 Huntington Beach, CA 92649 Subject: - Huntington Harbour Setback • Lot 61 of Tract 5481, 16336 Niantic Circle Dear Mr. Fenton: This letter addresses setbacks for docks within Huntington Harbour, and in particular, an existing dock at 16336 Niantic Circle. The enclosed sketch, provided by you, shows property • lines, pierhead lines and warfage easement lines. The pierhead line was established by the original tract map. The warfage easement lines (dashed) were established by deeds to the individual property owners. Warfage easement lines are sidelines. The rule is simple. Any structures must be set back a minimum of one foot from the warfage easement lines (dashed lines). The purpose of the setback is to allow clearance between • structures so that they can move independently with the tides, and to avoid structures being over the line due to minor errors in construction. The setback is not for use of the adjacent property owner. A structure designed to be one foot away from the easement line could end up being closer than that to the line because of normal construction error and movement of piles with time. Minor • variations from the setback resulting from either of these two factors would not be cause for corrective action by the City. However, intentional modification of docks without a permit, could be cause for action by the City to correct the situation. The subject dock within warfage area 61-5 has been modified without a permit and is reportedly over the easement line. By copy of this letter, I am requesting that the owner of the dock in 61-5 voluntarily move the dock to one foot from the easement line. In consideration of voluntary compliance the City will issue a no-fee permit for the modification. Please contact me if you have any other questions about this matter. • Sincerely, .Steve W. May, PE Principal Civil Engineer SWM:dw cc: Ms. Lynne Rosen 16632 Niantic Circle Mr. Al Wray 16336 Niantic Circle Enclosure: Warfage Area Map 3049g/1 • cat Uri (1wot •AM � . Mars Ift I • "move • $i • �•- ,mat •, �w� C E'a V ► � • Eases s T f uw �J r A �lJ;I C C (l� f CITY OF HUNTINGTON BEACH - PUBLI . %VORKS DEPARTMENT HAi2BOlt PERXi1T N ►!E: NUMM The Dodc Company Name of Applicant 16835 Algm%Azin #116 Mailing Address Hzntingtfln Beads CIL 92649 In compliance with your application of Septwbw 16 , ls1a and subject to slLtsetet#.. conditions and restrictions written below or printed as general, or special provision p!s:"y part of this form, PERMISSION IS HEREBY GRANTED TO: mmm existi r q dodo at 16336 Niantic Circle, Iot 61 of Tract5481#.t m ae t existi M warfage area 61-4. See letter' dated 9/16/91 by Stele May, CYLY". Beads, Public Works II�gisteering. _ f.:, Actual construction of this dock cannot be started until written approval has been reiieeved from the California Coastal Zone Conservation Commission, South Coast Region. All work to be in accordance with the Standard Specifications of the city of Huntington- Beach and drawings attached or reference thereto. _. •�••-. Prior to the start of construction please verify with the Corps of Engineers as~tcmthe- validity of their permit on this wharfage area. Inspection All work must be inspected and someone must be present. `"""`_ 24 hours advance notice must be given prior to commencement and also before.comatltLbtt: of work. Call (714) 336-5431 to make appointment. r ' Approved �4r.�. Date Permit No. 835 Final Inspection Approval cc: 1. Office (DPW) Original .'�� 2. Inspector 3. Applicant 4. Contractor Inspection Date 3. Corps of Engineers ` 6. Orange County Assessor 7. Orange County Harbor Patrol 16` 040SG • CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director (714) 536-5431 December 4, 1991 Albert and Evelyn Wray 16336 Niantic Circle Huntington Beach, CA 92649 Subject: Dock Relocation; Lot 61, Tract 5481 This letter is in response to your claim that the present position of your dock is farther from the side line of your wharfage area than it needs to be, and that this position reduces the usable area in your wharfage area. You stated that the dock is now set back from the side line as much as V — 11". In my letter to Bruce Fenton, dated September 16, 1991, I stated that the dock should be set back one foot from the side line. This is a standard recommended by the Corps of Engineers to allow for construction error and minor movement. The applicability of this standard to your case is not clearly necessary or appropriate, because your wharfage configuaration is not the typical rectangular arrangement to which the rule is routinely applied. I have reviewed the dock and wharfage configurations of your's and adjoining properties, and agree that the one foot setback could be waived if certain conditions are satisfied. Clearance from adjacent structures is not a concern, as there are not any, but the precise location of the wharfage boundary line relative to the dock is a concern. This has already become an item of dispute between you and your neighbor. Following are conditions under which I will issue a permit to relocate your dock to 1" from the side line of your wharfage area: 1. Provide deed or other record document which clearly defines the configuration of your wharfage area. 2. Provide a plan of the existing condition showing dock location and easement or property lines, prepared by a licensed civil engineer or licensed surveyor. 3. Provide a plan of the relocated condition showing dock locations and easement lines, prepared by a licensed civil engineer or licensed land surveyor. Please call me if you have any other questions. Very truly yours, Steve W. May. P.E. Principal Engineer SWM:gd 3128g/7 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES. CALIFORNIA 90033 REPLY TO .• ATTENTION OF: GENERAL PERMIT GP002 HUNTINGTON HARBOUR November 1, 1983 • TO WHOM IT MAY CONCERN: The District Engineer, Los Angeles District, Corps of Engineers announces the renewal of General Permit 002 covering the installation of privately owned boat docks in Huntington Harbour, a Navigable Water of the United States, as required by Section 10 of the River and Harbor Act of 3 March 1899. This permit is issued in accordance with the provisions of 33 CFR 320, 322, 325-26, and 328-29, titled "Regulatory Program of the Corps of Engineers", which provides that the District Engineer may issue a general permit for activities which are substantially similar in nature, that cause only minimal adverse environmental impacts when performed separately and have minimal adverse cumulative effect on the environment. Upon issuance of a general permit all activities meeting the established criteria are approved and will not require the submission of individual permit applications. This renewed general permit authorizes the installation and modification of privately, owned boat docks (including cantilevered decks, gangways, floats, and. piling) in those areas of Huntington Harbour that are bulkheaded. The general permit is also applicable to the installation of boat docks after the future construction of bulkheads in those areas where bulkheads are or will be permitted. Typical drawings, depicting the most common types of installation covered by this general permit, are included in this notice along with a map showing those Navigable Waters of the United States where the general permit is applicable. The general permit includes proposed facilities within any of the private property boundaries shown on the attached drawings. Individual boat docks that do not conform to the established general. criteria wil., require an individual permit. The general permit is not applicable to commercial or public marinas. The general permit is issued for a period of five (5) years from the effective date. SPECIAL CONDITIONS a. The permittee shall notify the District Engineer in writing at'least fifteen (15) days prior to the initiation of the work. This notification shall include a drawing showing the dock length, location of the dock by lot and tract number, and the name, address, and telephone number of the permittee. GENERAL PERMIT GP002 • HUNTINGTON HARBOUR b. The permittee shall comply with the city of Huntington Beach and county of Orange or other local authority in the construction and placement of the dock. c. There shall be one dock per property owner and the dock will be located so that a boat moored to the dock will not extend beyond the locally established pierhead line. d. Docks shall not exceed 800 square feet of float or pier surface. 0. e. The permittee shall submit project plans to the California Regional 'later Quality Control Board, Santa Ana Region, and shall obtain approval from the Regional Board prior to initiation of any work authorized herein. f. That the permittee shall notify the Commander (oan) 11th Coast Guard District, Union Bank Building, 400 Oceangate, Long Beach, CA 90822, (213) 590-2222 at least 2 weeks prior to start of the activity and 30 days if buoys are to be placed. g. That the permittee shall control floating debris, from construction activities, so that none enters the navigable portions of the harbor. h. That a cantilever deck, constructed, enlarged, or replaced, shall not exceed 50 square feet in area, nor extend more than 5 feet seaward of the bulkhead. STA1NIDARD CONDITIONS a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this general permit; and that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this general permit which may result in the institution of such legal proceedings as the United States Government may contsider appropriate, whether or not this general permit has been previously modified, suspended or revoked in whole or in part. b. That the permittee agrees to make every reasonable effort to prosecute the work authorized herein in a manner so as to minimize any adverse impact of the work on fish, wildlife and natural environmental values. c. That the permittee agrees to prosecute the work authorized herein in a manner so as to minimize any degradation of water quality. d. That the permittee shall permit the District Engineer or his authorized representative(s) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed �? under authority of this general permit is in accordance with the terms and conditions prescribed herein. 2 GENERAL PERMIT GP002 HUNTINGTON HARBOUR e. That the permittee shall maintain .the structure or work authorized herein in good condition and in accordance with the drawings attached hereto. f. That this general permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. g. That this general permit does not authorize the interference with any existing or proposed Federal project and that the permittee shall not be entitled to compensation for damage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in- the public interest. • h. That this general permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in the general public interest. i. That this general permit may be either modified, suspended or revoked, in whole or in part, if the Secretary of the Army or his authorized representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. Any such modification, suspension, or revocation shall become effective thirty (30) days after publication of written notice of such action which shall specify the facts or conduct warranting same. j . That any modification, suspension, or revocation of this general permit shall not be the basis for any claim for damages against the United States. k. That no attempt shall be mane by the owner., to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this general permit. 1. That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the permittee. m. That if and when the permittee desires to abandon the activity authorized herein he must restore the area to a condition satisfactory to the District Engineer. n. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. 3 GENERAL PERMIT GP002 ' HUNTINGTON HARBOUR • o. That permittee hereby recognizes the possibility that the structure permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this general permit does not relieve the permittee from taking all proper steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash and the permittee shall not hold the United States liable for such damage. BY AUTHORITY OF THE SECRETARY OF THE ARMY: • S)k ,� . Paul W. Taylor Colonel, Corps of Engineer District Engineer • • • • G1 0 • 5� ' 1 1 R • ,off - • SrPrE o OF A TTd. 7S So ,. ---- rrz.4C7- 5-3 C, n { 4 u � ` ` s,�3 • ¢pG, ,Q� l TAP G,*Z 9_ • v G Soe aoo z000 S'n e. e 1=. 1 OF 3 DEC Y,, Q � O D o� O - 3Q o Ju �n PILING w z wz ID a TYP PRIMATE J SINGLE OR MULTI pL E DOCKING • L A"r ou-T NOT -f O S C A L E • VARIA BL.E --pIER.HF,�1'� 5'MAX. LINE �'g'7 GEGY� 10•S�' � t 11.0 M LL1+�! 14-" (� CONC- PILING • 3' wioE G AtsGWA`� i F�..OAT I NG OOC 1C 0.0 M LLB/ 3 i5 . 00 '[r 7`fFICAL SECTION NOT TO SCALE • • LU10 r O t3i x i ED O ,..1 riANGWAY 4 PLAN . NOT TO 5CALV� vRRIABL� rerl E F.li E AD 5' ECK w 14 " COIZC . PILINC7 1 3� W IOC G Ai�G�tA`f F'L.OA`TING DOCK O.0 MLLW -10- 00 WL� i `TYPICAL. SECTION NOT To SCALE i 3h e,e� 3 OF'3 tog CITY OF HUNTINGTON BEACH (�,rqo� , INTER-DEPARTMENT COMMUNICATION HUNGTON BEACH To Bill Reed From Pat Dapkusob Public Information Officer Management Assistant Subject Huntingtin Harbour Waterways & Date April 10, 1990 Beaches Committee Supervisor Wieder would like to be agendized for the City Council meeting of April 16 so that she can present the County's portion of funding to support the educational efforts of the Huntington Harbour Waterways and Beaches Committee. Jim Silva will be accepting the check on behalf of the Committee. PD:lp xc: City Council Mike Uberuaga Rich Barnard 5631h CITY OF HUNTINGTON BEACH CITY COUNCIL COMMUNICATION HUNTINGTON BEACH To Connie Brockway, From Grace Winche , City Clerk City Councilwoman Subject HUNTINGTON HARBOUR DOCKS Date October 18, 1990 It has come to my attention, through the concern of citizens, that it is legally possible to construct docks out to the pierhead line anywhere in the harbor after obtaining a permit. This pierhead line ranges from 25' to 70' out from the bulkhead in different sections of the harbor. Historically, docks for single family homes have been modest and extend twenty or so feet into the channels. However, some recent applications for dock permits have requested docks that extend 40' and that introduce new configurations. These new docks are next door to docks which project only 20' into the channel. Obviously, there is quite an impact on neighboring properties and there doesn't seem to be any mechanism for input, protest or redress. I would like Council to receive a report which describes existing pierhead lines, existing docks, the dock permitting process, and staff perceived areas of concern or conflict between property owners. The report should also include staff recommendations for Council policies and ordinances that would best protect the city's interest and the general welfare. While this matter is being studied for policy formulation by City Council, I would like a stop work order issued on the Dr. Greco dock permit on Sirius Drive. GW:paj xc: Michael T. Uberuaga, City Administrator - / rim;` /%t,•- .. ., .... ORDINANCE 3032 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 13 . 32 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 13 . 32 . 111 RELATING TO MOORING OF CONSTRUCTION EQUIPMENT WITHIN HUNTINGTON HARBOUR CHANNELS The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . Chapter 13 . 32 of the Huntington Beach Municipal Code is hereby amended to add §13 . 32 . 111 as follows : No construction material or construction equipment including, but not limited to, heavy machinery, cranes, and pile drivers, or any vessel of any description used to hold the same, shall be stored anywhere within Huntington Harbor, unless : a) such equipment or material is essential to the lawful operation of an ongoing business, construction project, or repair project being conducted in the Harbor and such equipment or material is actively being used in the operation of that business, construction or repair project, or : b) such equipment or material is stored in a location which completely obscures the equipment and the materials from public view. This section shall not apply to vessels or equipment legally stored or moored in a commercial or public facility which satisfies all provisions of State, Federal , and Local law pertaining to the operation of such facility. r; -1- t SECTION 2 . This ordinance shall take effect 30 days after its adoption. F.4iLrD 72) BE ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of February , 19'90. Mayor ATTEST: APPROVED AS TO FORM: i City Clerk City Attorney/ RE�VIIEEW_EDD AND APPROVED: INITIATED A D APPROVED: ti City Administrator Directo of Public Works 4 -S -2- 3032 Ord, No. 3032 a_ f STATE OF CALIFORNIA ) COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular adjourned meeting therof held on the 22nd day of ja_n_uary 19 go , and was again read to said City Council at a regular meeting therof held on the 5th day of February , 19 go , and -7J I'I 'J -ro �r- adopted by the affirmative vote of at least a majority of -% all the members of said City Council . AYES: Councilmembers: Winchell, Green NOES: Councilmembers: Silva ABSENT: Councilmembers: MacAllister, Erskine (absent) Bannister (out of room) City Clerk and ex-officio Clerk of the City Council. of the City of Huntington Beach, California bzu.iu REQUEST FOR CITY COUNCIL ACTION Date January 8, 1990 Submitted to: Honorable Mayor and City Council ' Submitted by: Paul E. Cook, City Administrator�4etl--12`" Prepared by: Louis F. Sandoval, Director of Public Works -Am � Subject: Amendment to Section 13.32 of the Huntington Beach Municipal Code Regarding Mooring or Construction Equipment within Huntington Harbour Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception /�J,y ---77�'Jo 3 �. Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: A proposal to amend the Huntington Beach Municipal Code, Section 13.32, concerning mooring of construction equipment within the Huntington Harbour area of the City of Huntington Beach. RECOMMENDATION: Adopt the attached ordinance amending Section 13.32 of the Huntington Beach Municipal,/ Code. ANALYSIS: During this past year, various departments within the City of Huntington Beach have received numerous complaints from residents in the Huntington Harbour area. The residents all stated that equipment is being moored near or in front of their property. They are concerned because the equipment is causing a hazardous condition to navigation within the waterways as well as being very unsightly. These complaints have merit since the equipment in question is large in size and is moored in the navigable waterways without lights, reflectors, or warning devices for weeks at a time. FUNDING SOURCE: Not Applicable. ALTERNATIVE ACTION: The Council may choose not to adopt the ordinance in which case the City shall continue receiving complaints from residents. ATTACHMENTS: Proposed Ordinance - Section 13.32.111 PEC:LFS:JVH:dw 2249g/9 P10 5/85 01/lb/UZ lb:bZ IQJ010Z ' LAW OFFICES W.te-GAR JS.AOUP,JR. CARRY MAONAUGHTON JOi+N W.rwv;N - MELVIN D.SPEARSA.RQSEMAN IV f7,lO0i BERTR4M N.MASSING CRAIGT.cuOCN £RVIN' COHE 8cE SUP MARVIN N.LEWIS 5YLv;^C.LAUTSCH LF.QNARO COHEN HAROLO J.OELEVIEI FLSA GANUELOL A PARTNERSHIP INCLUDING PROFEM&IONAL CORPORATIONS RETIRED 0AWD P KAAROY JACOD 15.LEE GARY J.IRCCoMAN} 06*10RAM A,OERTMEL NINTH FLOOR LEE 84 ER HOWARO 2,DERMAN JA.A.RICE NATAWEC 214NTID 9401 WILSMIRE ■G7W6&VARO AL= ..COOPER KELLY O.SCOTT :,.R.�•,,. ­'%, '� �•nc. .. ➢V1rFQLY-WLI.1%.. !`A1.1MRNIA q0?1?-?q7A JARY O.MICHELI C..LCN C.KRACMER GRFGORY M.MA.GRC60R aIOE13ORY 0.GOPMAN TCLIEPMONC: (3I0) 273-/a333 WRITER'S DIRECT IaIAL: THOMA+J A NIRDCHDAUM MARK T,KAWA rOAN P.VELAZOUEZ CIAhY A.PERLWI TIER FAX: 1310) 668-ZJI;V6 8 THOMAA F.RII GARCE GARVIN 5'eve.T„O gPEK lAN (310) 2 Q 1-6340 RODERT MICHAEL WAXMAN VICTORIA WORTH REEVE 5 4MUDO JAMES A MERCER III J.RrCHARO GRIGGS MICMARL G.CLATLMAN .QNNETM A.LULP CARCY L.HONIO REF. OUR FILE; NO. RONALO M.ST.MARE RARRARA J.SALZMAN L�111 3.K 11 DART J-COOPER 4 015-003 i��Rpi•airtlr.A�CDR*ORAT,OM January 15, 1992 Connie Brockway City clerk City of Huntington leach 20n MA i n 9trApt seci5nd Piaor Huntington Beach, CA Re: Appeal of Issuance pf Harbor Permit Dear Ms. Brockway: This letter will confirm our telephone conversation this aftarnoon wharain you advised me that the $?nn- nO filing fee was iivL itlw.J Udy-LLU Willi MA= A9'jd�)•(cui ' vi iJJ.i,. Alff.- "J�••Kal4. �r� .J.'--,yL,i� •� ••� forth in my letter of this morning. I acknowledge that I am in possession of said check. This will also confirm that a $200.00 filing fee was not required at the time of filing of the Appeal of Issuance of Harbor Permit filed on behalf of Irvin and Lynne Rosen. VelFy truly yours, Linda M. Wilson Assistant to Ronald M. St. Marie Jlmw 1J201503 01-16-y2 03: jI_-�i?i41 F'u LAW OFFICES ERVIN, COHEN & JESSUP A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS NINTH FLOOR 9401 WILSHIRE BOULEVARD 'p, BEVERLY HILLS, CALIFORNIA 90212-2974 �- TELEPHONE: (310) 273-6333 FAX: (310) 859-2325 fi PAX COVER SHEET CONFIDENTIALITY NOTE: The information contained in this FAX transmission is legally privileged and confidential information intended only for the use of the Individual or entity named below. If the reader of this transmission is not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this transmission is strictly prohibited. If ydou Mavo r000Nod thlo tPusomf onion in onnon, plonco i;modiatoly rwtify ur by trlrl}i oii Orel ;gate'■ &6n ■'isi■■I i■.rtmiiri.• is tie •i Abe sAdmenn nhnun uin thn 11nitnd ftntne Cnrtnl Service. Thank you. I TO; 21AME: Cyij pia Btvs:kwrav FROM: Liiida . Wilmon for Ronald M. St. Marie FIRM: City Clerk. City of Hunt_in jPD $2SCh - i"AX 14U. (IF POLL: IBLE, PLnAGE GIVn MORE TIMN ONE) >R CI LTV-reT t NrTtE IFI!%_ SN r"AmD PA3t Dnp.rl unT nn TTTPnTTnTT rnmT1T,nTT1T : ( 714 ) S3G 8337 TOTAL 140. OP PAGES (INCLUDING COVUR 01IMT) : Two (b) MESSAGE: ir- xvu Uta Nv,4: lc -CETVE ALL OF THE PANES, PLEASE LATE: 81/15192 CALL (213) 273-6333 , EXTENSION 289 AND ASK TIME: FOR: James FILE NO. 4015-003 01 -16-92 U3: 56AM POI