HomeMy WebLinkAbout07 - Reconsideration of Bayfront Encroachment at 400 Clubhouse DriveOctober 12, 1998
CITY COUNCIL AGENDA
ITEM NO. 7
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: RECONSIDERATION OF BAYFRONT ENCROACHMENT AT 400
CLUBHOUSE DRIVE
RECOMMENDATIONS:
Affirm the denial of Hal Baerg's appeal, the owner of 400 Clubhouse Drive, to retain a
driveway with brick pilasters, a wood deck, planters and a wood bench within the City's
10 -foot wide easement adjacent to the Rivo Alto constructed in excess of 10 years ago.
DISCUSSION:
This item was initially presented to City Council at the meeting of July 27, 1998. The
item was continued to August 24, 1998, at the request of the applicant where upon the
appeal was denied. However, Mr. Baerg, the applicant, is contesting the denial on the
basis that he received no formal notification of the hearing. Therefore, this item is
being presented for City Council reconsideration. Mr. Baerg has been formally notified
of the meeting. Attached is a copy of the notification.
To date, the City has not received any correspondence from the applicant. However, a
letter was received from Mrs. Kirschenbaum, a neighboring property owner, who
supports removal of the encroachments. Attached is Mrs. Kirschenbaum's letter dated
July 30, 1998, as well as the July 27, 1998 agenda report.
Attached are photos of the City's right of way along the bay showing Mr. Baerg
encroachments.
Respectfully b fitted,
Public Works Department
Don Webb, Director lam✓
By:
Richard L. Hoesstadt
Development Engineer
Attachments: Letter Dated September 22, 1998
August 24, 1998 Council Memo
CITY OF NEWPORT BEACH C�
OFFICE OF THE CITY ATTORNEY
P.O. BOX 1768, NEWPORT BEACH, CA 92638 -8915
(9.49) 644 -3131
September 22, 1998
Mr. Harold J. Baerg
10 Morning Dove
Laguna Niguel, California 92667
Re: 400 Clubhouse Drive
Appeal to City Council
Dear Mr. Baerg:
Please be advised that your appeal to City Council has been set for October 12.
1998 at 7:00 p.m. If you have any documents you wish the Council to review and
consider, it is highly recommended that you have copies of those documents delivered to
the City Clerk's office no later than 12:00 p.m. (noon) on Thursday, October 8, 1998. This
allows ample time for the documents to be reproduced and placed in to the Council
packets for distribution to the Council members. Producing the documents at the Council
meeting, while an option, is not recommended as it is difficult for the Council members to
review and consider them in the midst of the hearing. However, the option is yours.
Additionally, I enclose a copy of the prior staff memo sent to Council for the
hearing in August, 1998. The revised Council memo will be available for your review on
Thursday, October 8,1998. It is available through the City Clerk's office should you wish
to obtain a copy.
Very truly yours,
Daniel K. Ohl
Deputy City Attorney
DKO:krs
cc: Dick Hoffstadt. Public Works
FACat \Shared \Plea ding \Letter \H Bappea Ih rg 1012. doc
3300 Newport Boulevard, Newport Beach
August 24, 1998
CITY COUNCIL AGENDA
ITEM NO. 20
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: BAYFRONT ENCROACHMENT IN WEST NEWPORT BAY CHANNELS
ADJACENT TO 400 CLUBHOUSE DRIVE
RECOMMENDATION:
Deny the appeal of Hal Baerg, the owner of 400 Clubhouse Drive, to retain a driveway
with brick pilasters, a wood deck, planters and a wood bench within the City's 10 -foot
wide easement adjacent to the Rivo Alto constructed in excess of 10 years ago.
DISCUSSION:
This item was initially presented to City Council at the meeting of July 27, 1998. The
item was continued at the request of the applicant.
To date, the City has not received any correspondence from the applicant. However, a
letter was received from Mrs. Kirschenbaum, a neighboring property owner, who
supports removal of the encroachments. Attached is Mrs. Kirschenbaum's letter dated
July 30, 1998, as well as the July 27, 1998 agenda report.
Respectfully submitted,
it oz,4 Asur ,, r,
Public Works Department
Don Webb, Director
7//By:
RICHARD L. 1-1617�STADT
Development Engineer
Attachments: Kirschenbaum letter dated July 30, 1998
July 27, 1998 agenda report.
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July 30, 1998
To The Members of the City Council and
Mr. Paul Medina, Public Works Department
City of Newport Beach
3300 Newport Blvd.
Newport Beach CA 92663
Ladies and Gentlemen,
I ECEIVEID
'98 JUL 31 A 9 :19
Of FICE Or T:.iE U*: Y CLERK
CITY OF !•:= iVPOPT BEACH
I was very disappointed at the July 27h council meeting when you continued the matter
of the bayfront encroachment adjacent to 400 Clubhouse Drive.
Mr. Baerg, the owner of the property encroaching the walkway easement has
successfully thwarted all attempts to open the easement for at least 5 years. When I first
asked that the easement be opened, it was in 1992. I do not know who the owner was at
that time, but that owner was also successful in keeping that easement for the private use
of the residence at 400 Clubhouse.
That easement should be open and easily accessible to all of us who live in the Channel
Section. It is not so much a short cut to the ocean as a much more pleasant walk than the
smelly alley.
At this point in time, I think Mr. Baerg should be required to remove all encroachments
and the City place a bollard at the alley entrance to prevent private vehicles from parking
in the alley right -of -way. I do not hold much faith in his willingness to abide by the same
rules you have required of others in similar circumstances. Mr. Baerg has had years to
negotiate with the City but he has maintained and all or nothing attitude.
Please bring this matter to closure by opening the easement now, not later.
Thank you for your attention to this matter
406 %z Clubhouse
Newport Beach CA 92663
yra Kirschenbaurn
Date 1
Copies Sent To:
Mayor
council Member
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July 27, 1998
CITY COUNCIL AGENDA
ITEM NO. 13
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: BAYFRONT ENCROACHMENTS IN WEST NEWPORT BAY CHANNELS
ADJACENT TO 400 CLUBHOUSE DRIVE
RECOMMENDATION:
Deny the appeal of Hal Baerg, the owner of 400 Clubhouse Drive, to retain a driveway
with brick pilasters, a wood deck, planters and a wood bench within the City's 10 -foot
wide easement adjacent to the Rivo Alto constructed in excess of 10 years ago.
DISCUSSION:
Encroachments have been constructed in the public right -of -way adjacent to 400
Clubhouse Drive that prohibits pedestrian passage through the public access right -of-
way adjacent to the Rivo Alto channel (see attached exhibit). The encroachments
include brick pilasters, a wood deck, planters and a wood bench within the City's 10-
foot wide easement adjacent to the Rivo Alto.
A property owner at 406'/ Clubhouse Drive, Myra Kirschenbaum, originally requested
that this access area be opened (see letter dated January 24, 1994), and since then
has sent several letters and made several phone calls to see if there had been any
progress. The property at 400 Clubhouse Drive is the only property along the access
easement with encroachments that restrict access along the Rivo Alto. This access will
provide a more direct access for property owners along Clubhouse Drive and Finley
Avenue to the video store and restaurants along Newport Boulevard.
The Public Works Department has sent several letters to the owner of 400 Clubhouse
Drive requesting that the encroachments be removed to permit public access to the
bay. The removal of all or a portion of the private encroachments would provide access
to the bay.
The Public Works Department has recommended to the owner that as an alternative to
removing all of the improvements, the owner could remove only the existing planter and
wood bench that prevents public access. Also, a bollard could be placed at the alley
entrance to prevent private vehicles from parking in the alley right -of -way so that
pedestrian access can be maintained (see attached exhibit). This alternative would
require City Council approval.
The Public Works Department has previously denied requests to keep street end
encroachments located adjacent to the West Newport Bay Channels based on Council
Policy L -6, "PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF WAY" which states
SUBJECT: BAYFRONT ENCROACHMENTS IN WEST NEWPORT BAY CHANNELS ADJACENT TO
400 CLUBHOUSE DRIVE.
July 27, 1998
Page 2
that the general policy of the City is to reserve the public rights -of -way for public use of
open space and the improvements are not in conformance with the City's policy of
maintaining public access to the bay at street ends. In addition, Council Policy L -8
"PRIVATE ENCROACHMENT IN PUBLIC RIGHTS -OF -WAY ENDING AT THE OCEAN
FRONT OR AT NEWPORT BAY" under general condition states that private
encroachments will not be permitted in said public ways unless individual
circumstances indicate that approval will be consistent with the public interest. Item 1,
states: That the improvements shall not create an impression in the mind of the
average member of the public that any portion of the public way is private property.
If the City Council desires to approve the wood deck and landscape encroachments that
do not prohibit public access, staff recommends approval subject to the following:
a. That the owner execute an Encroachment Agreement for non - standard
improvements, and
(1) Authorize the Mayor and City Clerk to execute the Agreement; and
(2) Authorize and direct the City Clerk to have the agreement recorded with
the Orange County Recorder.
b. Issuance of Encroachment Permits by the Public Works Department.
The City has directed owners in the past to remove structural encroachments within the
street ends adjacent to the West Newport Bay Channels. Mr. Baerg has not agreed to
remove any of his encroachments and will be directed to remove either the portion that
restricts public access to the bay or all encroachments as desired by the City Council.
RRespectf ly submitted,
Don Webb
Public Works Director
By:-
Richar . Hoffstadt
Development Engineer
Attachment: Letter dated January 24, 1994
Exhibit "A"
Exhibit "B"
f:\groups\pubworks\counciR99\july-27\clubhouse.doc
January 29, 1999
City Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Dear Sir,
I would like to call your attention to an ongoing
problem of long duration.
There exists a 10' easement along the bulkhead at
900 and 9001 Clubhouse Ave. This easement has been wholly
obstructed by the owner of 900 Clubhouse with abuilt up
wood deck fenced in. The easement in front of 9001 is
partially obstructed by a very large palm tree.
I do not have a record of the several time,I contacted
the City to open this easement for easy access but I am
sure it is at least 3 times. I do not remmber the name of
the person I spoke to on the phone. I am enclosing a
picture of the problem taken on 10/11/92.
This easement needs to be opened. Walking down the
smelly alley is no fun.
I would appreciate your taking care of this matter in
a timely manner.
Yours truly,
Myra Kirschenbaum
9061 Clubhouse Ave.
Newport Beach, CA 92663
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EXHIBIT "A"
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October 08, 1998
TO: CITY COUNCIL MEMBERS
NEWPORTBEACH
FROM: HAL BAERG
400 CLUBHOUSE, NB
SUBJ: EASEMENT RESTRICTIONS
"RECEIVED AFTER AGENDA
PRINTED: "- 12-98
Thank you for giving me an opportunity to be heard regarding my property located at 400
Clubhouse, accross from City Hall.
I am at a loss as to why the City is demanding that I can no longer use the 7 to 10' utility
easement that borders the front of my property and the seawall.
Since 1958 this land has been used by the three houses that adjoin this easement! I would like to
know why, after 40 years, the city is directing me to no longer park here and to remove a tree
from this spot? When local surfers and residents cut through the property to get from Clubhouse
Ave to the alleyway they are not discouraged in any way by any thing. Both the postman and city
fire officials have complete access to the property at all times. In fact, back in 1988 all three
houses tried to get the post office to deliver mail to the properties by way of the alley, but were
refused the request because the postman found it more efficient and quicker to deliver mail for the
residents via the easement access path and commercial mail through the alley. We used the city
paramedics back in 1989 for a medical reason and they accessed the property through the
ingressiegress from Clubhouse Ave. If the city services can access the property without any
problems what is the problem! As far as the tree is concerned, what about the palm trees in the
easement in the other 2 yards? This does not make sense. Why tear down trees?
As I understood when I purchased the property from the original owners, the Atwells, there was a
10' utility easement in front of the property, along the seawall. The Atwells kept extensive
records and photos concerning their property and gave them to us when we purchased the
property back in 1988. (see Item 6) The Atwells paid for the seawall in 1958 and in return were
given land by the city. Before the Atwells could use this land for building, they had to relocate a
city gas line that was on the given land to the "Now 10' utility easement land ". This was done. I
truly feel the city never intended this "easement" to be a public right of way or boardwalk, it was
intended as a underground utility easement for the city's use.
Pictures #10, #11 & 412 show the original house in a 1957 photo. The bay water came up to E
wooden sea wall. There was no public access between the three houses and the bay, the
properties were completely private. Photo #14 shows the new seawall being installed, and you
can see the old seawall still to the left. Surely it was not the intent of the city to put in a public
right of way! The following three reasons seem to confirm this statement: 1) The city never
stated as such in writing or verbally to the Atwells. 2) The Atwells would not have paid for a
seawall if there were to become a "public right of way ". 3) Item 3, shows a bulkhead designed by
the city engineer which is "L" shaped. This design would not allow for a public right of way
sidewalk.
Item #15 shows the finished seawall and the three houses which front the easement. Item #17
shows an anal photo of the area.
This property has stood in this condition for the past 40 years! We were raised in Newport and
all the locals know this property. The spirit of this easement should be kept with the way the
grandfathers of Newport originally ordered it. We truly do not see any benefit to the city's action
in tearing down trees and making the property completely exposed to an alleyway and commercial
traffic. Losing a parking space would be detrimental to this property as there is no actual street
and the city refuses to "grant" a specified parking spot in the alley for this property (they did not
want to set a precedent).
We are willing to discuss all options to rectify this situation with the city. We are just requesting
that perhaps the "way of life" for this property not be disturbed after 40 years and that the
"source" of this action be reconsidered for its merit or grievence.
Thank you for your time and consideration in this situation
Hal and Kathy Baerg
10 Morning Dove
Laguna Niguel, CA 92677
(949) 661 -1674
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-IF O7711 C9t1!ICIL OF 11':. CM
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Aaao A1J :H T Op n ?61•;loN 01"
MUNN AS CI'1UV-i'r:;_ ! ltui.
W" ;RR:rtS, the City CoUnoll of the City of Hewpor•t 141 @an
dtd, on thy+ iZnd day ar 3aptanter, 1956, pass its cert•u /n kesslu-
tios of Intention Ao. 4366, declaring Sts lntantion to o.•dr:• tt!d
vacstlaa, aloaing Up and abandonment of aL portion of a oirt5 :n
street krimm as Clut>houec Fvonua in tr,a City of Newport -:3cacn,
rereinixter more particularly doasrib*%1, pursuant to *tW lr.
r :000rdanoo with t1;o 'atreat \►.cation Act of 1;41', srd a;l iintn1-
mento thereto, taing 7rotlons 5M to 8331, inclusive, of t ^+
1treeta and !Aig%vraye Code of the State of Callfornlae ^.rrl
I
W;;.O / S, tlla Street Superintendent of the City nf• Newport
FIdaalr h" oauecd to bo posted conapia»ausly :along the line -'I t:.0
i
portion of sa14 stroct proposed to be v >cated, not more than
rout apart, and not lean UvLn U'xov in ral, nottows of t` ;• v:= cs.tlxl
of s.1d portion of said street, all of n.,!ch will cork :'ally uppear
fr= the .:rridavit of L. N, covert, :,::o a;::d Strcet : :u[� "SUtcridrnt
of the City of ttewport !Teach, on file to Lheao and
sa1.d notice& co ;>oatnd by the Ztr&e', :;uperin-
teoclent of the C1ty of Newport bsaac:: stated the passage of aild
�ow4utlon of Intention Ho. 4W>G 4fore.said, and the time and .lace
i
j of the hearing of all persona interested 1n cr objectini, to the
proposed vacation of said portion of &Lid &trect; rind
VU- 95.AS, the i;lty Council of the City of Newport Fea.ch
set'tonday, October £7, 1953, at 1.30 ?. M. of said day as t.i:,+ Heo-
end the Counall Ch=obero of the :Sty ^ounell of the City of ':ewp+rrt
E. .*Lwctr, located In t.hc City , &ll of :Y.c• :'Sty of Newport: F�eeh, as th
F
pl•�aa, for the !tc_ring of r+ll =+crs:rla IRtxrestad in or nD;,e.eti%d to
!Ia p- -posed vacatlon •�f sold pc.•• *. :oa of 3e:J at,-tat; ..u•,a
t W:' ".:.J.; .;, cue to thv lack of — :iuor •_m, seld hct.rmy v1i63
'I paj',Ponad and o,3nt.nd¢3 Ly U:: +:1ty .,le:•!. to ',Onday, 14ovc:.......
1i5•G, :.t Irw t;:x c:xt p13c:: _nd
i
k:hM -.2A3, said •r,eoolution of Into. -:tion No, 044- Croraaaid
t.. has been publishod at least once in the riawpbrt r rbor 'aa11;k, a
! ompaper of gsrmwel cir(xlatian, 7rintad, publivied and circu-
lated in the City of w+&AV*rt Bcsah, fdrl Bald ;iutllcation waz :ado
k more than 15 dLVb prior to the date Wt f'oi• t1k. lxsa`S:LL of all
t petomm interested in s.^ objeetinG to q;e pr*osad VLoatixs, all
of edkich will rrx no fully mppe*r Ly tkre r;.ffIdavit oi' Artie .:., Lana,
k v.-ior eel publianor of wFld ik% -Peet : c'stor kLOlry°n, on f'lla in
r k uxao p: xesdlnc,E t tu4,
Y w1iUx.i. , Savo City VO :7tcic a t:ry city o:• "War Wt i'QA : :a":
Ms heard the evidonoo, both written r_4 verbal, of all Wrsa•.A
a: I inteiomted in the vaaatlon of said -,artica of oald at.—;t 1.1+ thla
resolution meal particularly 1•.ereU'i -aX ,4r described, enl :'lyds tram
u all the evidonao sutsltted that said portion of said otmet
::•q lu desorlbed in said acoolution of Intention, and 'ksrvl after dd--
.yk1 aarlbod, is unnaceuaary for Present or proopective publlc At-c-eL
Sa '� puipot3oar
... !1
Now, •.. :_ :.f.. : :;i;w1r., the City ::cmztcti of the City of z4-poo t
.c lu Beach finds and dsteml-rees and here' o^km that the follwine
i
deaeribed portion of that oortain street in the city of !1owpx t
r'41 I Desch, to Mitt
That portion of Clubhouse Avenue (formrly ICUart
as Railroad Avenue) as ahom upon a rmp of Canal
i I Section, .recorded In !tiscellaskeous Maps, Book 4,
I Page 46, R000rds or cradle county. Crlifornla,
1 betmem tie southaa,.l° :rol
yinl, ,, , acteRtlon of
weaterly lino of Block 43,, of maid f:a -v:.1 : ?uctlar3
mA trio nor=veaterly lim of tr1::t vr.csted part•im
! of !•1utbrjumC Avemso, Bha.- N.3 ';Lml P, as dvacrlio(:
ih in Ileco,ati= `:o, +v 7" -< '..41 .;it; ;af' rt
Fe:ach, .• :ecr+l :d Sr. i :oak <; :i;i. : :itte;0 ° :b•:, e r*i7,
.. cV1'lct: +.i :�c':: r!� ei : �rtr..z• 'aa; a :r: a^�! b:: t.va.•c Ct
.. uh-,. �Lt. "r.:- .c4/!riy lint LZ! ;ir;;
. vvOt'i A:, :t'C. L: 1i:Y,! lylr�',: ::.t'L:'1.l:StCi`1 O:•, � + :=
alle1 �C, i�' :� 1119 t^. ^T 1 -' :['� :� !'7� Cr:'u• C?`1 t:SNC L+
Crl Y E :c q: oetid 71�? haL e• :..ci :Y.c.
,•, �.• U limnscoaaary fx nmbetnt or pros;+rotive public atrICCL :ru-3a3 :•s
ctrl that it be vacated, closed up a:ci gix%W—xoeG, s%itjec•. to tr
t maarvations end e.vvptlom heraino :'t.ur reaer*.
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2.
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The City Cau.• ^.:1 further finds and determines, and it is
hereby ordered, that the public easomsnt in the portion of said
street as heretoterc described han, upere the passage of this roso-
lution, ceased, except there is hereby reserved and exeeptW from
the vacation a permanent eanenent and right at AM time, or from
:atq I�a tim tO t%M, to construct, mat.ntaln, operate, replace, remove and
'ro It renew sanitary seberro, atora dralne, and airpurtenant strvotaVa
,rmao it in, upon., over and aaroas sale portion of avid street so vacatoa �
ar a N2
and purauarut to arpr existing fraaohiaes or renawcio thereof, or
"t otherwise, to cWWtruot, msintaln, operate, replace, rarove, rOrA-w
:ca t and enlarge lines of pipe, condulte, cables, wires, poles, aril otiev
t&.7i eonvealent dtructures, eQui,*esnt " fixtures for the Operation of
gas pipe limas, telogrtphio and telephom lines, rail,== lixfes, cnd
tia 1 for the trensportatioln or distritutlan of electric energy, petroleua
:,s;,3 E 0.Yi its products, sa xx%is, rater, and Incidental purposes, 1r:tludlng
access and the right to hnep the prvparty =� rrca in_Maia Zle
materials, and wood p wrth, and otherwise *protect the stereo f:-,v: all
E hazards in, upon and Over the portion of said atroet briny an ted.
The City Cwuicil further at-do" that the Cit f ClQrK of
ri:: tree City of NQWrA t aseoh ahell cause a certified COPY of t. ".JO
-'A'PTi '• order, duly attested b? her as the City Clark, under the reel oe
the City, to be reoor -ded in the office of the County Recorder *f
the County of Crss►;s, Jtato of California, lumdiately tollocln„
r
the paaQSGO of this P.eoolution.
E� This Resolution was adopted by tiro City Council of the
City- of Newport beach st a rot,,ular Meting on ttn loth day cf
November,1956, by We following vote, to wit:
ZT i AS 30T
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Members
Roll Call
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City of Newport Beach
CITY STAFF TRAFFIC AFFAIRS COMMITTEE
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DATL: JANUARY 24, 1989
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TIME: 2:30 P.M.
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PLACE: CITY HALL FIRE DEPARTMENT CONFERENCE ROOM
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STAFF PRESENT
Henisey, Traffic Services Commander, Police Dept.
Bohler, Recording Secretary, Traffic Engineering
GUEST - 3.a. Baerg, 400 Clubhouse.
MINUTES
1. Meeting called to order at 2:30 p.m.
2. Minutes of 1 -10 -89 were corrected as follows- -
4.a., 7., after first paragraph, add: "Delino left
meeting." The vote by Delino for motions 4.a. and
5.a. was deleted.
3. PRIOR BUSINESS
a. Request by Baerg at 400 Clubhouse to park in
alley.
Baerg said he owns one ol two houses beyond where the
street Clubhouse ends. This two -car garage duplex
has five cars. Baerg said the only street parking
available is down the alley 100 yards; to the right
on Marcus; 32nd Street; City Hail; or Clubhouse via
the alley on foot. Baerg's measurements of the alley
width were approximately 13' to the north, widening
to 34' and then narrowing to 18' at 32nd Street. The
widest part is by his home. stated that he is`
__rElaerg
he on1-yT--r-e�nt —wh-o —parks in this area which he
eels is wide enough for a car.
Per Edmonston's observations, there is one space on-
site in addition to the two -car garage. There is
room for only one parking space in the alley without`
interfering with alley traffic. The problem is
marking /main a ning pace and the cost of
enforcement. Any driver could use this space so
there could still be insufficient parking for Baerg.
The City's position is no parking allowed in alleys.
There must be strong justification for an exception.
Delino stated owner was aware of parking problem
before he moved in.
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City of Newport Beach
CITY STAFF TRAFFIC AFFAIRS COMMITTEE
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DATE: JANUARY 24, 1989
TIME: 2:30 P.M.
PLACE: CITY HALL FIRE DEPARTMENT CONFERENCE ROOM
Roil Coll
Edmonston moved to deny request and informed Baerg
MOTION
X
that he could appeal the decision to Council.
AYES
X
X
4. NEW BUSINESS
a. Request by Councilmember Turner to review
vehicle control for the loading ramp on the
Balboa Island Ferry.
Delino stated the new ferry lease and franchise
stipulates that the ferry pays for improvements.
Improved control is needed because if more than 3
cars pull onto the loading ramp, the extra cars end
up creating traffic /pedestrian problems. The ferry
operators are usually too busy to control traffic.
Delino suggested a ground legend stating WAIT .HERE
FOR NEXT FERRY.
Petersen recommended the use of a signal syEktem that
could still be seen when pavement messages are
blocked by cars.
Edmonston said congestion is worse on Peninsula side.
MOTION
X
Delino moved that Traffic Engineer meet with ferry
AYES
X
X
management for solution and report to Committee.
5. ADDITIONAL BUSINESS - None.
6. CITY COUNCIL FOLLOW UP
a. Speed humps.
Council approved design of standard speed humps on
1- 23 -89. Edmonston will notify three associations
involved and apprise Committee of progress.
b. Bicycle conditions in West Newport.
On 1- 23 -89, this item was continued at Study Session
to 2- 13 -89. Edmonston will update Committee.
7. ADJOURNMENT - Meeting adjourned at 3:00 p.m.
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Sl �I\ RIC14RD EDMONSTON, P.E.
U ..s ?n irafNc 2gJ?,eer
C�<iFO RNA'
CITY OF NEVA/ ORT BEACH
3300 Newport Blvd NeWport Beach. CA 92656 -8915
P.0 .BOx176g
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TO: CITY COUNCIL
.9-
FROM: Traffic Affairs Committee
February 13, 1989
CITY COUNCIL AGENDA
ITEM NO. J -2
SUBJECT: PARKING IN THE ALLEY AT THE REAR OF 400 CLUBHOUSE
AVENUE
RECOMMENDATION
Sustain the action of the Traffic Affairs Committee denying the
request of the resident at 400 Clubhouse Avenue to allow the
parking of vehicles in the alley parallel to and west of Newport
Boulevard.
DISCUSSION
The resident of 400 Clubhouse Avenue, Mr. Baerg, requested that
the City post a portion of the alley parallel to and west of
Newport Boulevard to allow parking. The area where he would like
to park is approximately 150 feet north of 32nd Street which is
south of his garage.
The alley is 20 feet wide at 32nd Street and flares to a variable
width as it jogs to the east near the rear of 400 Clubhouse
Avenue. At Mr. Baerg's residence, the alley narrows to 15 feet
and becomes a one -way alley for northbound traffic. The
configuration of the alley is shown on Exhibit A.
The f
ich that one parkin spot could be
of the alley at the widest Doint
irfere with tra_ffic_:..in._.the alley. The Traffic Affairs
Committee does no a ieve i is in t e best interest of the City
to create an isolated parking space in this location.
Section 12.48.090 of the Municipal Code states that there shall
be no parking in any alley unless the City Council declares by
resolution that such parking is allowed and signs are posted.
Three more signs would be required in addition to the current
signing in order to clearly designate the limited area where
parking is lawful.
The Traffic Affairs Committee considered the shortage of parking
in the area but felt the potential benefit which would result
from allowing a single parking space was outweighed by the
potential._.problems..
This alley has had a history of illegal parking at times in the
past when the adjacent building on Newport Boulevard was occupied
by a saloon and later by the Lido Nautilus Spa. The current spa
in this building appears to have a much smaller membership and
the parking problems are not as great currently.
The Committee's principal concern is that the presence of one
parked car would be an invitation to others to park in the area
who would not look closely for the NO PARKING signs. These
motorists would be cited and might then feel that they had been
"trapped" by the City to create additional revenue. While the
motorists should accept the responsibility for their errors, the
Police Department and the courts are all too aware that this does
in fact happen and they receive many such complaints as a result.
Subsequent to the Committee's consideration of Mr. BaergIs
request, it was noted that his property, as well as that of his
immediate neighbor, fronts on a 10 foot wide extension of
Clubhouse Avenue. This extension is unimproved and has-been -used
as private property by the adjacent residents. The portion of
this extension abutting the alley and alongside Mr. Baerg's
garage has been used as a parking space for many years, as
evidenced by aerial photographs of the area.
The Traffic Affairs Committee is aware of the parking shortage in
the vicinity of 400 Clubhouse Avenue but believes that the
creation of a single space in the alley is an undesirable
solution to this problem.
�a�, L
Richard M. Edmonston
Chairman
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Attachment: Exhibit A
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SPACE •ro Yr Ixu LIYe ,oe eaCeaPaaY urn '
PLACE INTERNAL REVENUE STAMPS IN THIS SPACE•
p10, rfiS
GRANT DEED
FOR A VALUABLE CONSIDERATION. receipt of which Is hereby eci nowledped. CITY OF NEWPORT
BEACH, a municipal corporation
GRANT to RICHARD W. ATWELL
IM reel properly In the City of Newport Beach,
State of California. described u:
/ A portion of Clubhouse Avenue (formerly known as Railroad Avenue)
as shown upon a map of Canal Section, recorded An Miscellaneous Map
Bock 4, page 98r Records of Orange County, Cztlifornial and abandoned by
! ;Csolution 1;o. 41672 of the City of Newport Beach nn July 8, 1957, and
more particularly described as .follows, to wit: Beginning at the most
southerly corner of Lot 1, Hlock 432 as shown upon said map of Canal
Section, thence northwesterly along the southwesterly line of said Lot 1,
to an intersection With the northerly prolongation of the westerly line of
said Clubhouse Avenue adjoining block 332 of said Canal Section; thence
southerly along said northerly prolongation to an intersection with a line
lying northeasterly of, distant 1.0 feet from, and parallel to the South-
westerly line of said Clubhouse Avenue adjoining block 432 of said Map of
Canal Section; thence southeasterly along said parallel line to an inter-
section with a line bearing northeasterly from an angle point in the
westerly and southwesterly. line of the aforementioned Clubhouse Avenue
adjoining s::ld Block 432 and 332 to the most southerly corner of lot 1;
thence northeasterly along said line bearing northeasterly, to the point
of beginning;
Reserving therefrom an easement for the continued maintenance, repair
and replacement of the gas service line situated thereon for the benefit
of Southern Counties Gas Company and its successors;
Provided that no building or structure shall be erected upon or over f
said gas service line; t
and Provided further that if said Grantee shall cause said gas service
line to be removed and relocated within the southwesterly 10 feet of Club-
house Avenue adjoining the above described real property on the southwest
as designated and approved by said Southern Counties Gas Company at
Grantee's sole cost and expense, then the easement herein reserved shall
be wholly extinguished and Grantor shall procure a quit claim deed as to
said easement from Southern Counties Gas Company in favor of Grantee, _I
as .. - .
COUNTY OY OW40E
On the day of 'day, 1958, before me, a Notary Public in
ar,d :nr said County and State, personally appeared JAMES B. STODDARD and
EVELYN NcALEIR, known to me to be the Mayor and the Deputy City Clerk,
respectA,.ely, of the CITY 0;• HDIPORT BEACH, the municipal corporation
that executed thp within instrument, and ackno:!ledged to me that said . ;�
munielpul corporation executed the sane pursuant to a resolut.l6if ,of.lts !i
City Council.`
WITNESS my hand and official seal. - ..
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to ;ary bl o lit dn or .
said County andl,Si to
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