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HomeMy WebLinkAbout04/10/1989 - Regular Meetingent x x x n x Motion All Ayes Motion All Ayes CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING O y PLACE: Council Chambers TIME: 7:30 P.M. DATE: April 10, 1989 Ix x x ix Mayor Strauss presented Proclamations to representatives of COMCAST and COMMUNITY CABLEVISION in recognition of CABLE TELEVISION MONTH. I x I A. ROLL CALL. B. Reading of Minutes of Meeting of March 27, 1989 was waived, approved as corrected (page 116, paragraph 4 to reflect that the Balboa Bay Club withdrew the proposed MOU), and ordered filed. C. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: MINUTES' 1. Mayor Strauss opened the public hearing regarding MODIFICATION NO. 3514, a request of SANFORD H. LEWIS, Corona del Mar, to permit the installation of a 13* foot high satellite dish antenna which will encroach three feet into a required four foot side yard setback. Property located at 1633 Bayside Drive, on the southwesterly side of Bayside Drive, southerly of E1 Paseo Drive; zoned P -C. Report from Planning Department. The City Manager noted that the applicant proposes to install a satellite dish antenna in a required four foot side yard setback. As indicated on the plot plan, the antenna will be located adjacent to the N. C. Iler property located at 1637 Bayside Drive. The elevation indicates that the proposed antenna will maintain a height of approximately thirteen feet in the four foot side yard setback, with an additional three foot height over the roof of the applicant's residence when measured to the top of the satellite dish. A modification to the Zoning Code is required, inasmuch as the proposed construction exceeds a height of six feet in the side yard. The proposed dish antenna would be permitted to have an average height of twenty -four feet if the proposed development were not located in a setback area. Volume 43 - Page 122 Modfctn No. 3514 (94) Motion i CITY OF NEWPORT BEACH MINUTES q y10 co et-00 10, 1989 x It was further pointed out that the Modifications Committee approved the location of the satellite dish on the basis that the proposed location would be less obtrusive than a satellite dish on the top of the one -story residence that would be permitted without a Modification. Hearing no one wishing to address the Council, the public hearing was closed. Council Member Watt expressed her concerns relative to this issue, indicating the proposed satellite dish would be one of the first in the area, and visible to those who drive along Bayside Drive, as well as those who look down from above. In addition, a proposed ordinance regarding the location of satellite antennas, etc., will be forthcoming to the Council in the near future, and inasmuch as said ordinance has not yet been considered, and there is the "rumor" that smaller satellite antennas will be on the market in a very short time, she would move to deny the request based on the findings set forth in the staff report designated as Exhibit "B." With respect to the possibility of there being smaller satellite antennas available in the future, Council Member Sansone commented that unless the frequency range is reduced, as well as the number of channels, he does not foresee a reduction in the size of satellite antennas. Council Member Sansone also stated that he has viewed the subject property, and because of the fence, he could not see the antenna from the sidewalk or his vehicle, and therefore, he has no objection to the request and will not support the motion. Discussion ensued, wherein it was pointed out again that the applicant can place the satellite antenna on the top of the one -story residence without the benefit of a permit from the Modifications Committee, but the applicant felt that it would be less obtrusive in the proposed side yard setback area. Volume 43 - Page 123 Modfctn No. 3514 on ix Ayes x x Noes • CITY OF NEWPORT BEACH EMBERS MINUTES tPC0 G� April 10, 1989 N INDEX The City Attorney stated that the reason Modfctn an ordinance was prepared regulating No. 3514 satellite antenna dishes is because the Federal Communications Commission (FCC) has preempted all local regulation of satellite dish antennas unless three conditions are met, i.e., 1) cities must regulate by ordinance which has clearly defined aesthetic and safety objectives; 2) the ordinance cannot impermissibly interfere with the right of an individual to receive satellite signals; and 3) the ordinance cannot impose unreasonable restrictions such as excessive cost on the right to install said equipment. The FCC, in essence, has said that the City does not have the power to prevent people from installing these dishes on their property; however, the City does have the power to regulate them in accordance with the City's ordinance. In response to question raised, the Planning Director advised that if the subject request is denied, the applicant has the right to place the antenna on the rooftop without any screening. Following discussion, substitute motion was made to sustain the action of the Modifications Committee. Council Member Hart stated she would be supporting the substitute motion, inasmuch as there will be more of a view if the antenna were placed in the side yard setback area. It was noted by staff that the proposed ordinance regulating satellite antenna dishes will be coming to the Council on May 22 for introduction, to which Council Member Watt indicated she could change her motion to defer this request until the proposed ordinance was adopted, but no action was taken in this regard. X x Council Member Turner reiterated his x x opposition to placing the antenna on the rooftop, rather than the side yard setback area, and following his comments, the substitute motion was voted on and carried. 2. Mayor Strauss opened the public hearing 0/C Hazard regarding the ORANGE COUNTY HAZARDOUS Waste Mgm WASTE MANAGEMENT PLAN (TANNER Pln /Tanner (54/68) Volume 43 - Page 124 G Motion All Ayes CITY OF NEWPORT BEACH 0 \v y9� 0"` GIN April 10, 1989 x REGULATIONS), a request for approval of the Orange County Hazardous Waste Management Plan and acceptance of the Environmental Document as adequate. Report from Planning Department. rmurts The City Manager advised that the Orange County Board of Supervisors in adopting the Hazardous Waste Management Plan, transmitted it to all cities within Orange County for their approval, with the understanding that if a city took no action within 90 days it would be deemed approved. The County will then transmit the approved plan to the State Health Department for their review in compliance with the Tanner regulations, etc. The Hazardous Waste Management Plan consists of criteria, and a "general plan," for the proper disposing of hazardous materials and Identifica- tion of sites for the disposal of such materials. Craig Bluell of the Planning Department, addressed the Council and stated that the intent of the plan is to have private enterprise develop facilities to dispose of the waste. He is working with the regional planning agencies and the County to make certain that cities have the same powers to make contracts with other agencies outside of the city to dispose of hazardous waste. He added that consistent with the Tanner regulations, each county has their own Hazardous Waste Materials,Plan, and is required to take care of its own hazardous waste either through a site within the county, or contract through intergovernmental agreements with a neighboring county. Hearing no one else wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 89 -21, approving the Orange County Hazardous Waste Management Plan and accepting the Environmental Document as adequate. E. PUBLIC COMMENTS: None. Volume 43 - Page 125 0/C Hazard Waste Mgm Pln /Tanner Motion All Ayes v C CITY QF NEWPORT BEACH MINUTES W 9 y9� ooh g;',► \� April 10, 1989 x F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION - Schedule for public hearing on April 24, 1989: (a) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 89 -22 regarding the Fire /Weed SUMMER 1989 WEED ABATEMENT PROGRAM, lAbatement and setting public hearing for Res 89 -22 April 24, 1989. (Report from Fire (41) Chief) (b) Resolution No. 89 -23 authorizing PW /Pdstrn the submittal of an application to Bikewy Fac the Orange County Transportation '89 -90 Fndg Commission (OCTC) and the Southern Res 89 -23 California Association of (74) Governments (SCAG) for the CONSTRUCTION OF PEDESTRIAN AND BIKEWAY FACILITIES IN NEWPORT BEACH [1989 -90 SB -821 FUNDING]; and authorizing the City Manager or his designee to make the application and act as a City contact person. (Report from Public Works Department) (c) Resolution No. 89 -24 establishing Parking /Tow the first 50 feet of north side of Away Zn BALBOA BOULEVARD WEST of "A" STREET Res 89 -24 as a NO PARKING TOW AWAY ZONE. (63) (Report from Traffic Affairs Committee) (d) Resolution No. 89 -25 establishing Ad Hoc Citz OCEAN FRONT ENCROACHMENT AD HOC Adv /Ocean CITIZENS ADVISORY COMMITTEE. Frnt Encrchm Res 89 -25 3. CONTRACTS/AGREEMENTS: (24) (a) Approve contract authorizing the SALE OF WATER OUTSIDE THE CITY from Sale of Wtr April 1, 1989 through March 31, to Lange 1990, both dates inclusive to LANGE Fncl Corp FINANCIAL CORPORATION located at 2418 C -2747 MacArthur Boulevard. (Report from (38) Utilities Director) 4. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. Volume 43 - Page 126 C E CITY OF NEWPORT BEACH co April 10, 1989 ww (b) To Personnel Department for consideration, letter submitted by former City employee Calvin C. Stewart on behalf of the RETIREES OF THE CITY OF NEWPORT BEACH concerning cost of living increase (COLA) and health insurance costs. MINUTES Personnel/ Retirees COLA /Ins (66) (c) To Pending Legislation and gis Procedural Ethics Committee, Senate (48) Committee on Insurance, Claims and Corporation urging support for SB 103 (Robbins). (d) To Personnel for inclusion in the Personnel/ records, letter from the CALIFORNIA Bldg Ofcl BUILDING OFFICIALS designating Ray Yr Awrd Schuller, Building Director, as the (66) "Building Official of the Year." (e) To Pending Legislation and OCTC /OCTD Procedural Ethics Committee, (54) Resolution No. 89 -37 from City of Tustin concerning consolidation of the ORANGE COUNTY TRANSPORTATION COMMISSION (OCTC) AND THE ORANGE COUNTY TRANSIT DISTRICT (OCTD). 5. COMMUNICATIONS -- For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOR DAMAGES - For denial and I (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Sara E. Asher alleging damage to Asher hood of car from baseball that came over fence of ball field near 720 Heliotrope Avenue on March 16, 1989. (b) Mrs. John Callahan alleging damage Callahan to fence due to work being done in the street near Canal section of 408 and 410 Clubhouse Avenue, approximately March 24, 1989. (c) Dewain E. Campbell alleging Campbell personal injuries and damage to vehicle as a result of accident with City dump truck on Via Lido Street, west of Lido Isle Bridge on March 23, 1989. (d) Dillon Cox seeking indemnity from Cox claim filed by Eleanor Kingsley (denied by City Council on February 22, 1988). Volume 43 - Page 127 CITY OF NEWPORT BEACH April 10, 1989 (e) Jack.Tyler Feeny seeking towing reimbursement, alleging his car was towed and stored in error on March 29, 1989. (f) Dale Parker (Menzies) alleging false imprisonment, harassment and psychological trauma concerning incident on March 26, 1989 at 2133 Miramar. (g) Application for Late Claim of Michael J. Schroeder alleging Police Department seized 481 items of property without justification and not returned. Feeny Parker (Menzies) Schroeder (h) John E. Soukeras for damages, Soukeras alleging Little League players, while playing baseball on March 29, 1989, hit and broke the front windshield of his car parked in the East Bluff parking lot. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Sid Soffer, U.S. District Court, Soffer for damages, declaratory and injunctive relief for violation of civil rights and equal protection, as a result of City Council action on January 11, 1988, denying Use Permit No. 3291. (b) Greg Sullivan for damages, Orange Sullivan County Harbor Judicial District Municipal Court, Case No. 97991. 8. REQUEST TO APPROVE /FILL PERSONNEL (66) VACANCIES: (Report from the City , Manager) (a) One Public Works Inspector, Public Works Department. (b) one Building Maintenance Worker II, General Services Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Memorandum from Parks, Beaches & PB &R /Bonita Recreation Director to authorize Crk Prk replacement of roof on BONITA CREEK Bldg PARK Building. (62) Volume 43 - Page 128 CITY OF NEWPORT BEACH EMBERS MINUTES �� Gips April 10, 1989 INDEX (b) Memorandum from Fire Chief Fire /Balboa recommending staff obtain an Fire Sta appraisal of the BALBOA FIRE (41) STATION PROPERTY (323 Marine Avenue) AND UNION OIL GAS STATION PROPERTY (124 Marine Avenue) and prepare a plan to relocate the fire station to the former Union 011 gas station site to present to Council for consideration at Budget Hearings. (c) Memorandum from General Services GS /Surplus Director recommending SURPLUS Patrol Cars/ PATROL CARS AND MOTORCYCLE be Motorcycles offered for sale to the CITY OF (44) ENSENADA for $2,000 and $700 each respectively. (d) Memorandum from Executive Assistant O/C -John to the City Manager regarding JOHN Wayne Arprt WAYNE AIRPORT NOISE ABATEMENT Noise Abtm PROCEDURES (letter to Orange County Prcdrs Board of Supervisors requesting (54) studies of current Noise Abatement Procedures). For Council information and filing:_ (e) Removed from the Consent Calendar. 10. PUBLIC HEARING SCHEDULING - April 24, 1989: (a) APPLICATION FOR 1989/90 COMMUNITY 189 -90 CDBG DEVELOPMENT BLOCK GRANT FUNDS. Fnds /HUD (Report from Planning Department) (87) (b) Removed from the Agenda - -Refer to agenda item F -1(a). (c) Refer to agenda item F -2(a). 11. SPECIAL EVENTS PERMITS - Uphold staff's Special recommendation to approve the following, Events Perm subject to conditions listed in the (65) staff report: (Report from Business License Supervisor) (a) Application No. 88 -358 - Apli#88 -358 Temporary street closure at Birch and Von Karman Streets on Sunday, July 16, 1989 from 4:30 a.m. - 1:00 p.m., for the 8K RUN BY UNITED CEREBRAL PALSY. Volume 43 - Page 129 CITY OF NEWPORT BEACH EMBERS MINUTES 9 q'�p April 10, 1989 W INDEX (b) Application No. 88 -463 - Apli#88 -463 Temporary street closure at Back Bay and Jamboree Road on Sunday, May 7, 1989 from 5:00 - 9:30 a.m. for the 5K, 15K and 1 MILE RUNS BY ORANGE COUNTY MENTAL HEALTH. 12. WATER MAIN IMPROVEMENTS IN BACK BAY AND Wtr Mn Impry BAYSIDE DRIVES (CONTRACT NO. 2733) - Back.Bay/ Approve the plans and specifications; Bayside Dr and authorize the City Clerk to C -2733 advertise for bids to be opened at 2:00 (38) p.m. on April 25, 1989. (Report from Public Works Department) 13. RESUBDIVISION NO. 745 - Approve the Resub 745 improvement plans and specifications and (84) accept the public improvements constructed in conjunction with Resubdivision No. 745 (311 Carnation Avenue, on the northwesterly side of Carnation Avenue between Seaview Avenue and Bayside Drive); and authorize the City Clerk to release the Faithful Performance Bond (Bond No. 3SM69755400) and Labor and Material Bond (Bond No. 3SM69755400 in six months provided no claims have been filed. (Report from Public Works Department) 14. LITTLE BALBOA ISLAND SEAWALL RAISING AND Little Bal STREET LIGHT CONVERSION (CONTRACT NO. Is Seawall 2468) - Accept the work; and authorize Rsg /St Lt the City Clerk to file a Notice of Cnvrsn Completion and release the bonds 35 days C -2468 after the Notice of Completion has been (38) recorded in accordance with applicable portions of the Civil Code. (Report from Public Works Department) 15. CHANNEL PLACE PARK IMPROVEMENTS Channel P1 (CONTRACT NO. 2664) - Accept the work; Prk Imprvms and authorize the City Clerk to file a C -2664 Notice of Completion and release the (38) bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. (Report from Public Works Department) 16. Removed from the Consent Calendar. 17. BUDGET AMENDMENTS - For approval: (25) BA -059, $53,500 - Transfer in—Budget Appropriations to provide for ground control and orthophoto base sheets in conjunction with the City -wide Geobase Mapping Program; General Fund. Volume 43 - Page 130 Motion x All Ayes Motion All Ayes Motion All Ayes n Motion C x x x CITY OF NEWPORT BEACH MINUTES April 10, 1989 G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report to the City Manager Planning regarding ACTIONS TAKEN BY THE Cmsn PLANNING COMMISSION ON MARCH 23, (68) 1989. Motion was made to schedule public I U /P 3346 hearing for April 24 on USE PERMIT NO. 3346 (Sid Soffer, 485 N. Newport B1.). Motion was also made to schedule public IModfctn hearing for May 8, 1989 on MODIFICATION No. 3527 NO. 3527 (Herbert Stricker, 3109 Clay St.). 2. Report from Planning Department Zoning/ regarding proposed ordinance AMENDING Title 20 CERTAIN SECTIONS OF TITLE 20 OF THE (94) NEWPORT BEACH MUNICIPAL CODE SO AS TO ESTABLISH FLOOR AREA RATIOS AND LAND INTENSITIES CONSISTENT WITH THE GENERAL PLAN [PLANNING COMMISSION AMENDMENT NO. PCA 675 675]. Motion was made to place this item on the April 24 study session agenda for clarification. 3. Letter from the Orange County Human Legislation Relations Commission requesting support Ban on Auto for BANNING SALE AND POSSESSION OF Assault SEMI - AUTOMATIC MILITARY -STYLE ASSAULT Weapons WEAPONS. 1(48) Motion was made to direct the City Attorney to prepare a letter to State and local legislators in support of the request. Council Member Turner, member of the Pending Legislation and Procedural Ethics Committee, advised that he will be meeting with the City Attorney to analyze bills which are currently being considered by the legislature, and will bring back a report. The City Attorney advised that the bill which proposes to ban these types of weapons in California is in the Senate and Assembly and is proceeding rapidly towards approval; and inasmuch as legislation could be approved sometime in May, he would suggest action be taken at this time. Volume 43 - Page 131 0Ayes E Motion All Ayes CITY OF NEWPORT BEACH MEMBERS April 10, 1989 x The City Manager noted that the League of California Cities is supporting AB 357 and SB 292 relative to the banning of assault -type weapons. There being no further comments, the motion was voted on and carried. 4. Report from Public Works Department Permit/ recommending APPEAL OF LINDA CH AN be Chapman denied for permit to construct a 3 -foot Enerchm high fence and pilasters encroaching to (65) within 16 inches of the curb at 516 CATALINA AVENUE. Linda Chapman, appellant, addressed the Council and explained what has transpired to date with regard to her project as noted in her letter of March 24, 1989. She submitted photographs of similar encroachments in the area, and stated she would like to be able to complete the fence. The Public Works Director stated that the recommendation to deny the subject request was based on the fact that it is contrary to Council policy, and there do not appear to be any unique characteris- tics pertaining to the site to warrant an exception to the policy. In response to a question from Council Member Hart, he indicated, however, that pursuant to Council policy, encroachments to within 8 feet of the curb have been allowed specifically on Santa Ana Avenue and Broad Street, where there are 20 ft. wide parkways, rather than the usual 10 or 12 feet parkways that prevail in the rest of Newport Heights. In response to question raised by Ma. Chapman, the Public Works Director stated the fence could be constructed 12 feet from face of curb. Also, he added, that if the fence does not exceed 3 feet in height, a building permit is not required, and if the fence is not within the public right -of -way, an encroachment permit is not required. Following discussion, motion was made to deny the subject application. H. ORDINANCES FOR ADOPTION: None. Volume 43 - Page 132 Motion All Ayes CITY OF NEWPORT BEACH MEMBERS ��gy9��of a April 10, 1989 x I. CONTINUED BUSINESS: 1. Report from the City Attorney regarding PROPOSED BAI.BOA BAY CLUB REFINANCING. Letter from Robert 0. Basmajian, an employee of the Balboa Bay Club, expressing his disappointment to defer action on the subject matter from the Council meeting of March 27, was presented. The City Clerk advised that after the agenda was printed, a letter was received from Dr. Jan D. Vandersloot regarding the proposed refinancing of the Balboa Bay Club. The City Attorney reported that he did not believe the proposed Consent to Assignment and Estoppel Certificate, as amended, creates any significant risk to the City. However, there are still some minor variations between the Estoppel Certificate and Consent to Assignment, and the 1986 lease, relating to fire insurance proceeds and the type of business entity to which this lease could be assigned in the event there is a default by International Bay Clubs (IBC) and the lender needs to assign their leasehold interest to some other party. He felt the risks were minimal and may be outweighed by some of the benefits the City may be getting through this transaction such as earthquake insurance. He stated that the City Auditor has reviewed his report, as well as the revised documents, and felt they addressed the objections he had to the original draft. There being no further comments, motion was made to authorize the Mayor and City Clerk to execute a Consent to Assignment and Estoppel Certificate in conjunction with proposed refinancing of the Balboa Bay Club. 2. Proposed resolution establishing the CITY COUNCIL AD HOC TRANSPORTATION MANAGEMENT /AIR QUALITY MANAGEMENT PLAN COORDINATING COMMITTEE. Council Member Cox apologized for missing the study session meeting this afternoon when this issue was discussed, and indicated he would not support the matter at this time, inasmuch as there was not a staff report included with the proposed resolution. He also commented Volume 43 - Page 133 =b ;r Balboa Bay Clb Refincg C -519 (38) Cncl Ad Hoc Trsp Mgm/ Air Qlty Mgm Pln Cord Cmte (24) II E CITY OF NEWPORT BEACH 9 �9 0� April 10, 1989 he found this item "highly questionable and personally insulting." He added that he has spent 10 years working on transportation programs with the Newport Center Association; involved in transportation management programs as far as the airport area is concerned; worked for the past 4 to 5 months on a transit plan for the City; all of which the Council has elected to overlook in this instance. This proposed committee came up "out of the blue" without any consultation with him and, therefore, he can only take it as a personal insult. 'He stated he was sorry he felt that way about it, but he felt the proposed committee was duplicating what he has already been doing for a long period of time. If this is a notice to him that he is no longer a member of the Newport Center Association Transporta- tion Commitee, he indicated he felt it would be unfair, inasmuch as in the past, the Council has been respectful of the interests of each Council Member in particular programs. He has been respectful to Mayor Strauss for his interest in airport activities, and would have expected the same type of treatment to him in return. Since he is unsure of "what is going on," he will not support the resolution at this time. In response to some of Council Member. Cox's comments, Mayor Strauss stated that approximately four weeks ago, Council Members Hart and Watt were "informally" appointed to do.some preliminary work on this subject, particularly the Air Quality Management Plan and related transportation matters. They then came back with a report, and therefore, he felt it only logical for them to serve on the committee. Council Member Watt indicated that she, as well as other Council Members, were very "aware" of Council Member Cox's interest in transportation and his efforts in this regard. The fact that Newport Center Association Transporta- tion Management Committee has been formed and the Airport Area Association has been established, does not preclude Council Member Cox from continuing to pursue his interests in this regard. She felt this committee was being formed just to "do the things that haven't been done," such as pulling together the West Bay side of the City into some type of Volume 43 - Page 134 (24) Ad Hoc Mgm/ Qlty Pln Cmte I� CITY OF NEWPORT BEACH EMBERS MINUTES April 10, 1989 INDEX Transportation Management Plan, and then Cncl Ad Hoc later working with the various other Trap Mgm/ entities to review issues that are Air Qlty currently being worked on. She also Mgm Pln added she was open to any suggestions Cord Cmte of Council Member Cox. (24) Council Member Cox reiterated again, that he felt this committee was "duplicative" of what he has been involved in for the past 10 years. Council Member Hart expressed disagreement with some of the comments of Council Member Cox. She stated that this issue has been discussed at the past three study sessions, and that Council Member Cox was absent from one of these study sessions to attend another meeting dealing with transportation. Council Member Hart stated she recognizes that Council Member Cox has been, and is extremely involved in the transportation issues in this City, particularly the San Joaquin Hills Transportation Corridor and Newport Center Association Transportation Committee and respects him for his efforts. Council Member Hart summarized the duties and responsibilities of the subject committee as follows: (1) Act as liaison with the Transportation Management i Agencies being created within the City; (2) Promote the establishment of a Transportation Management Agency on the West side of Newport Bay including the Peninsula; (3) Propose local measures and means for the City to promote cleaner air measures including reduced emission from mobile sources and focusing on alternatives to current transportation strategies; (4) Promote plans for ride and sharing, car pooling, flexible work schedules, parking management and similar programs for City consideration; Volume 43 - Page 135 I, II Motion E All Ayes X CITY OF NEWPORT BEACH :a�esRS MINUTES to y P® 4 vq�* �� G� A April 10, 1989 to INDEX (5) In general, entertain and Cncl Ad Hoc promote efforts to obtain Trap Mgm/ cleaner air standards. Air Qlty Mgm Pln Council Member Turner made reference to Cord Cmte the proposed resolution which states (24) that the committee shall consist of the Mayor and two Council Members, and suggested that Council Member Cox be appointed to the committee, rather than the Mayor, inasmuch as Council Member Cox is already deeply involved in the issue of transportation. There being no objections from Mayor Strauss, motion was made to adopt Resolution No. 89 -26 establishing the subject ad hoc committee and changing Item 1 to read that the committee shall consist of three Council Members appointed by the Mayor. Council Member Watt commented that even though she does not sit on certain committees, she does not feel excluded or left out, inasmuch as she can still convey her thoughts to those serving on the committees by way of letter, telephone, etc. Mayor Strauss, in speaking to Council Member Cox, stated he did not think he bad been disrespectful to him on any issue; that the subject had been discussed at a study session when Council Member Cox was in attendance, and that when the annual committee appointments were made, he made it a point to contact every Council Member to determine which committees they would like to serve on. He also added that he had no objections to allowing Council Member Cox to serve on this committee, rather than himself. The motion was voted on and carried. The appointments to the above committee were deferred to April 24, 1989. J. CURRENT BUSINESS: 1. Report from Public Works Department Permit/ concerning APPEAL OF HENRY HASS from Hass Crb denial of a curb cut on VILLA WAY for Cut 501 31ST STREET. (65) Letter dated March 22, from Henry Hass requesting City Council consideration. Volume 43 - Page 136 0 ill CITY OF NEWPORT BEACH MINUTES 0 April 10, 1989 It was noted in the staff report that the applicant inquired at the public counter about the possibility of obtaining a curb cut on Villa Way and a curb cut on 31st Street to accommodate a proposed second -story residential use on the building. He was told that the application would be denied based on Council Policy L -2 "Driveway Approaches," which provides that the number of driveway openings be kept to a minimum so as to preserve on- street parking spaces and to reduce the points of traffic conflict. The sketch which accompanied the letter of appeal was revised to show one 36 foot wide curb cut on Villa Way and eliminates the proposed curb cut on 31st Street. The proposed opening on Villa Way would remove at least two public parking spaces and would result in cars backing across the public sidewalk. The Public Works Director, in reviewing this request, stated that in addition to the loss of on- street parking, the staff is also concerned with some operational problems, inasmuch as Villa Way is only 21.5 feet wide in the Cannery Village area and a one -way street, and forms part of the one -way couplet along with Lafayette that serves all traffic within the Cannery Village area in the north /south direction. Staff also notes that previous mixed -use developments have used all alley access for parking and believes that to be appropriate for this site as well since there is a 30 foot wide alley available. David Pytleski, applicant's business partner, 430 32nd Street, addressed the Council and stated that the proposed parking layout does not eliminate two parking spaces, but instead eliminates one parking space and replaces another with the space that could be in the alley setback. If there were tandem parking in the area there would not be an alley setback. He stated.that their proposal while eliminating two on- street parking spaces provides another parking space on -site. Further, at 503 31st Street there is an existing abandoned curb cut. He also felt that Council Policy L -2 does not specifically address joint use properties and was last amended July 13, 1988, which is beyond the date the Specific Area Plan was adopted for Cannery Village. He Volume 43 - Page 137 1921 Motion All Ayes x CITY OF NEWPORT BEACH MINUTES April 10, 1989 responded to some of the statements made Permit/ in the staff report, and in conclusion, Hass Crb requested the Council to grant his Cut appeal subject to the two conditions set forth in said report. Henry Hass, applicant, addressed the Council and stated he has.owned the, subject property for approximately 10 years and in developing the site, he felt that tandem parking was not conducive to business parking. Discussion ensued, wherein it was indicated by some Council Members that more detailed plans were needed in order to properly consider this request for mixed use development. Mr. Pytleski, applicant, replied that, inasmuch as they were uncertain of the curb cut approval, they have not proceeded with architectual drawings because of the time and expense involved. The Planning Director, in response to the above, stated each time an applicant comes before the Planning Commission for a project that requires discretionary review, there is no guarantee that project will be approved. In addition, there is a certain amount of money an applicant has to spend in developing conceptual drawings in order to meet zoning criteria. Council Member Hart reminded the Council of their recent adoption of the Specific Area Plan for Cannery Village. The City is paying approximately $15,000 per public parking space in Cannery Village, and therefore, she cannot support "throwing away" two more public parking spaces. Council Member Turner indicated he felt it would not be in the best interest of the City to grant the appeal due to the very narrow street, and the fact of having to back out into Villa Way, when there is an alternative. Therefore, he moved to deny the appeal. Volume 43 - Page 138 E ] u CITY OF NEWPORT BEACH MINUTES �0 a April 10, 1989 Meeting adjourned at 9:15 p.m., in memory of former Police Chief B. James Glavas, who passed away on April 6, 1989. The agenda for this meeting was posted on April 6, 1989, at 8:25 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. .:'l:.L Volume 43 - Page 139