HomeMy WebLinkAbout04/10/1989 - Regular Meetingent x x x
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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
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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
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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
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Noes
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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.
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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
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Motion
All Ayes
CITY OF NEWPORT BEACH
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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
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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
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CITY OF NEWPORT BEACH
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April 10, 1989
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(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
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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
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(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
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Motion
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CITY OF NEWPORT BEACH
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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
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Motion
All Ayes
CITY OF NEWPORT BEACH
MEMBERS
April 10, 1989
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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
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April 10, 1989
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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
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Balboa Bay
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(38)
Cncl Ad Hoc
Trsp Mgm/
Air Qlty
Mgm Pln
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(24)
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CITY OF NEWPORT BEACH
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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
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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;
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(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.
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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
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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.
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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.
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