HomeMy WebLinkAbout03/12/1990 - Regular Meeting. •
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CITY OF NEWPORT BEACH
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REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:00 P.M.
DATE: March 12, 1990
Pledge of Allegiance and presentation of the
flag by GIRL SCOUT TROOP 1227.
MINUTES
Mayor Plummer presented Proclamation recognizing
GIRL SCOUT WEEK, March 11 - 17, 1990.
Mayor Plummer presented SPECIAL PIN AWARDS to
Girl Scouts Caty Shull and Kelly Weber honoring
them for their outstanding scholastic
achievements, and service to the community.
Council Member Strauss made an announcement
concerning MARINERS SCHOOL CHILDRENS' DONATION
TOWARDS OIL SPILL.
IA. ROLL CALL.
B. Reading of Minutes of Meeting of
February 26, 1990, was waived, approved as
written, 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.
ID. HEARINGS:
1. Mayor Plummer opened the continued public
hearing for:
GENERAL PLAN AMENDMENT NO. 89 -3(E) -
Request to amend the Land Use Element of
the General Plan so as to increase the
allowable Floor Area Ratio of Our Lady
Queen of Angels Church from 0.15 to 0.17;
and the acceptance of an Environmental
Document;
mi
TRAFFIC STUDY NO. 61 - Request to approve
a traffic study so as to permit the
construction of a 23,534 square foot
addition to Our Lady Queen of Angels
Church;
AND
USE PERMIT NO. 991 (AMENDED) - Request to
amend a previously approved use permit
which allowed the establishment of the
existing Our Lady Queen of Angels Church
located at 2046 Mar Vista Drive. The
proposed amendment involves a request to
permit the construction of a 23,534 square
foot addition which will include a new
parish hall, administrative offices, new
classrooms and a new garage for the parish
rectory.
Volume 44 - Page 75
(45)
89 -3(E)
Lady
n Angels
61
/P 991(A)
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Motion 1 x
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CITY OF NEWPORT BEACH
MINUTES
March 12, 1990
Supplement report and recycled report
dated February 26, 1990 from the Planning
Department.
Letter from The Bluffs Homeowners
Community Association.
The City Manager explained that a week
ago, Council Member Turner called a
meeting with a representative of Our Lady
Queen of Angels Church and The Bluffs
Homeowners Community Association who had
expressed some concern for this particular
development. He stated that as a result of
that meeting the Association has withdrawn
their objection, as referenced in the
foregoing letter, realizing that the
impact from the church's planned expansion
on this area would be very minimal. He
further stated the referenced letter asks
that the City Council approve a traffic
study of the Mar Vista, Vista del Oro and
Eastbluff streets during high traffic
periods related to the morning school
session (7:45 a.m.- 8:15 a.m.) at the
Jamboree, Eastbluff, and Ford Road
intersections. With regard to the
Association's request, the City Manager
stated the traffic problem here is severe
enough that a traffic study should be
done, which is estimated to cost between
$10,000 - $12,000, and within two weeks
the Council would be asked to review a
proposed study, and approve a budget
amendment to accomplish the work.
Discussion ensued concerning solutions to
the traffic congestion at the schools
during the peak morning hours, and the
impact anticipated from the future student
increase when the Newport Beach Downcoast
area is built out.
Glen Gellatly, 446 Old Newport Boulevard,
Bissell Architects, addressed the Council,
representing Our Lady Queen of Angels
Church, stating that he was available for
questions, and urged approval for this
very important project.
Hearing no one else wishing to address the
issue, the public hearing was closed.
Motion was made to:
(a) Adopt Resolution No. 90 -22
approving General Plan
Amendment No. 89 -3(E) amending
the Land Use Element of the
General Plan; and
Volume 44 - Page 76
Lady
n of
90 -22
All Ayes
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CITY OF NEWPORT BEACH
MINUTES
March 12, 1990
(b) Sustain the action of the
Planning Commission and
approve Traffic Study No. 61
and Use Permit No. 991
(Amended), subject to their
findings and conditions.
Mayor Plummer announced that she had listened to
the tape recording of the meeting of
February 26, 1990, and she was prepared to vote
on the subject development.
The motion was voted on and carried.
2. Mayor Plummer opened the public hearing
regarding proposed ORDINANCE NO. 90 -4,
being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING A
PORTION OF DISTRICTING MAP NO. 17 SO
AS TO ESTABLISH A 10 FOOT FRONT YARD
SETBACK ALONG CARNATION AVENUE
(PRIVATE STREET) LOCATED AT 308 -312
CARNATION AVENUE, WHICH WILL BE
MEASURED FROM THE ORIGINAL RIGHT -OF-
WAY LINE OF CARNATION AVENUE
(PLANNING COMMISSION AMENDMENT NO.
696).
Report from the Planning Department.
The City Manager summarized the scope of
the proposed ordinance as follows:
Currently there are two building
sites in the subject application;
one contains a 10 -unit apartment,
and the other a 5-unit apartment.
What the applicant proposes to do is
demolish the apartments and
construct something consistent with
the zoning and the General Plan.
Page 7 of the staff report,
paragraph 2 states: "Reasons for
Application - Establishment of this
10 -foot front yard setback along the
old Carnaton Avenue right -of -way
line is equivalent to 20 feet off
the face of curb. This application
is made so that the future design
criteria is clearly established
prior to any future development at
308 and at 312 Carnation Avenue.
Existing property at 308 and 312
Carnation Avenue is so old that
there has never been establishment
Volume 44 Page 77
(94)
90 -4
ME
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Motion
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Motion
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CITY OF NEWPORT BEACH
MINUTES
March 12, 1990
of a front yard setback. When this
front yard setback has been
established, it will conform to the
other properties in the area."
Hearing no one in the audience wishing to
address this issue, the public hearing was
closed.
Motion was made to adopt Ordinance
No. 90 -4.
3. Mayor Plummer opened the public hearing Vacation/
regarding VACATION AND ABANDONMENT OF AN Abandm Esmt
EASEMENT FOR SEWER PURPOSES crossing lots fr Swr Prp
1, 2, 3, and 4 of Tract No. 1218, located (90)
at 800 15th Street, and 609, 615 and 619
Saint James Road in Cliff Haven area.
Report from the Public Works Department.
The City Manager stated the staff report
indicates that a sewer easement has been
abandoned for use, and the subject homes
in the vicinity of Saint James Road and
15th Street have connected into the City's
new sewer main located in Saint James
Road, and the 8" sewer main running across
their properties is no longer in use.
Hearing no one in the audience wishing to
address this issue, the public hearing
was closed.
Motion was made to:
(a) Adopt Resolution No. 90 -23 Res 90 -23
ordering the vacation and
abandonment of a portion of an
existing sewer easement; and
(b) Direct the City Clerk to have
the resolution recorded by the
Orange County Recorder.
E. PUBLIC COMMENTS:
None.
Volume 44 - Page 78
Motion
A• yes
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CITY OF NEWPORT BEACH
MINUTES
March 12, 1990
F. CONSENT CALENDAR:
The following actions were taken as indicated,
except for those items removed.
1. ORDINANCES FOR INTRODUCTION - pass to
second reading on March 26, 1990:
(a) Removed from the Consent Calendar.
(b) Proposed ORDINANCE NO. 90 -7, being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING SECTION
5.50.050 OF THE NEWPORT BEACH
MUNICIPAL CODE REGARDING
MASSAGE ESTABLISHMENTS
(PARAGRAPH 13. "RECORDINGS ").
(Report from the City
Attorney)
2. RESOLUTIONS FOR ADOPTION:
(a) Removed from the Consent Calendar.
(b) Resolution No. 90 -25 amending the
list of positions designated by the
CONFLICT OF INTEREST CODE as those
which require the filing of an
annual disclosure statement.
(Report from the City Attorney)
3. CONTRACTS /AGREEMENTS:
(a) Removed from the Consent Calendar.
(b) Approve a Professional Services
Agreement with W.P.B., Inc., a
California corporation doing
business as the Blurock Partnership,
to provide professional design
services for remodeling CONTRACT NO.
2773, OASIS SENIOR CITIZENS FACILITY
in the amount of $58,750; and
authorize the Mayor and City Clerk
to execute subject agreement.
(Report from the Public Works
Department)
(c) Award CONTRACT NO. 2792 OCEAN FRONT
SIDEWALK REPAIR to Heritage
Construction Company for $341,364;
authorize the Mayor and City Clerk
to execute subject contract; and
authorize staff to negotiate a
contract change order to utilize
available project funding. (Report
from the Public Works Department)
Volume 44 - Page 79
Ord 90 -7
Massage
Estab
(27)
Conflict
Int Code/
Res 90 -25
(66)
is Sr
z Ctr
C- 2773
(38)
(38)
Frnt
Rpr
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CITY OF NEWPORT BEACH
MINUTES
��t
March 12, 1990
(d) Approve RECYCLING CONTRACT with CR
CR Transfer
Transfer Incorporated of Stanton,
Inc /Rcyclg
California for central processing of
C -2807
the City residential waste stream
(38)
for recyclables recovery; and
authorize the Mayor and City Clerk
to execute subject contract.
(Report from General Services
Director)
4. COMMUNICATIONS - For referral as
indicated:
(a) To Traffic Affairs Committee for
TAC
inclusion in the records, letter
(85)
from Central Newport Beach Community
Association concerning SPEED HUMPS,
PEDESTRIAN CROSSWALKS, CRUISING
PROBLEMS.
(b) To staff for inclusion in the
Planning
records, letter from Elaine Cerf
(68)
concerning SHARE OUR SELVES
relocation to 1550 Superior Avenue.
(c) To Parks, Beaches and Recreation
PB &R
Department for response, letter from
(62)
Mrs. W. Lee Spencer complaining that
PALM TREE was cut down across from
her home unnecessarily.
(d) Removed from the Consent Calendar.
5. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
None.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's referral
to the claims adjuster:
(a) Michael L. Hammersley alleging
Hammersley
property damage and personal
injuries as a result of being struck
by Newport Beach Police vehicle on
January 16, 1990 on Downey Avenue,
City of Downey.
(b) Kay Kociuba alleging vehicle towed
Kociuba
in error on February 14, 1990 from
16th Street west of Irvine
Boulevard; seeking reimbursement of
towing and storage fee.
(c) Robin Riggs alleging damage to
Riggs
vehicle as a result of street
sweeper backing into it and damaging
left rear panel and bumper on
December 27, 1989, at 43rd and River
Streets. .
Volume 44 - Page 80
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MEMBERS
CITY OF NEWPORT BEACH
MINUTES
March 12, 1990
(d) Al and Sheila Ross for damages,
alleging error on June 13, 1988 by
the Planning Department for approval
in concept resulted in additional
delays /indebtedness for project at
2209 Pacific Avenue, Corona del Mar.
(e) Carl Winn alleging damage to vehicle
as a result of being struck by City
truck on Short Street on February 9,
1990.
For Rejection:
(f) Application for Leave to Present Leave to Present Perez
Late Claim for Maria B. Perez and
Guadalupe Perez as a result of
drowning death of Romulo Perez which
occurred on March 1, 1989 while
employed by Byron L Crume,
Construction Company.
7. SUMMONS AND COMPLAINTS - For denial and I(36)
confirmation of the City Clerk's referral
to the claims adjuster:
(a) James Cobham for personal injuries, ICobham
Orange County Superior Court, Case
No. 617546. Claim was denied by
City Council on January 22, 1990.
8. REQUEST TO APPROVE /FILL PERSONNEL (66)
VACANCIES: (Report from the City Manager)
(a) One Animal Control Officer, Police
Department.
(b) One Equipment Mechanic II, General
Services Department.
(c) One Equipment Operator II, Field
Maintenance Division.
(d) One Groundsworker II, Parks
Division.
(e) One Maintenance Worker I, General
Services Department.
(f) One Utilities Specialist II,
Wastewater Division.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Removed from the Consent Calendar.
Volume 44 - Page 81
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CITY OF NEWPORT BEACH
MINUTES
March 12, 1990
(b) Report from City Manager concerning lCity
CITY COUNCIL GOAL AND PRIORITY Council
SETTING WORK SESSION. (33)
(c) Removed from the Consent Calendar.
For Council information and filing:
(d) Removed from the Consent Calendar.
(e) Report to the City Manager regarding IPlanning
ACTIONS TAKEN BY THE PLANNING (68)
COMMISSION ON FEBRUARY 22, 1990.
10. PUBLIC HEARING SCHEDULING:
None.
11. NONSTANDARD IMPROVEMENT APPLICATION OF
BRUCE KARATZ - Uphold staff's
recommendation to approve request subject
to execution of an agreement to construct
nonstandard pavement in the alley and
street adjacent to 2000 East Ocean Front,
Balboa. (Report from the Public Works
Department)
12. RESUBDIVISION NO. 916 - Approve a
sudivision agreement guaranteeing
completion of the public improvements
required with Resubdivision No. 916
located at 441 Dahlia Avenue; authorize
the Mayor and City Clerk to execute the
agreement; and authorize staff to
negotiate a contract change order to
utilize available project funding.
(Report from the Public Works Department)
13. SAN JOAQUIN HILLS ROAD SDBDRAIN AND
SURFACE DRAIN RECONSTRUCTION /CORONA DEL
MAR STATE BEACH ADDITIONAL PARKING STALLS
(CONTRACT NO. 2585) - Accept the work; and
authorize the City Clerk to file a Notice
of Completion and release bonds 35 days
after Notice of Completion has been
recorded in accordance with applicable
portions of the Civil Code. (Report from
the Public Works Department)
(65)
td Impr
916
�I
Beach
Pkg
14. SPECIAL EVENTS APPLICATIONS - Uphold ermits/
staff's recommendation to approve the Special
following applications, subject to ents
conditions in the staff report. (Report [v6,),
from Business License Supervisor)
(a) APPLICATION NO. 89 -435 - Use of
public beach for Volleyball
Tournament by Beta Alpha Psi
Accounting Society at Corona del Mar
State beach on April 21, 1990 from
8:00 a.m. - 5:00 p.m.
Volume 44 - Page 82
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CITY OF NEWPORT BEACH
MINUTES
March 12, 1990
(b) APPLICATION NO. 90 -053 - Use of Apli#90 -053
public beach for Surf Contest by
Blackies Classic Long Board
Association, March 24, 1990 at
oceanfront beach at 23rd Street from
6:30 a.m. - 1:00 p.m.
(c) APPLICATION NO. 90 -054 - Use of
amplified sound in a residential
area at 1218 Cambridge by Mariln
Kershner on March 8, 1990 from
8:00 - 11:00 p.m.
BUDGET AMENDMENTS - For approval:
BA -055, $10,000 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations to provide for
preparation of plans and engineer's report
for a proposed special assessment district
to UNDERGROUND UTILITIES ALONG EAST BAY
AVENUE FROM "J" STREET TO "M" STREET;
General Fund. (Report from the Public
Works Department)
BA -056, $10,000 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations to provide for
preparation of plans and an engineer's
report for a proposed special assessment
district to UNDERGROUND UTILITIES ALONG
HAZEL DRIVE BETWEEN COAST HIGHWAY AND
POPPY AVENUE (PROPOSED ASSESSMENT DISTRICT
NO. 62); General Fund. (Report from the
Public Works Department)
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
Apli#90 -054
(25)
Utilities
(89)
Utilities
(89)
1. Letter signed by Mayor Plummer in response I 0/C Leag/
to Orange County Division, League of Organiz
California Cities regarding support for (61)
presenting the ONE -HALF CENT SALES TAX
ISSUE before voters again in November,
1990.
The City Manager stated that the subject
letter was sent in time for a hearing by
the Orange County Transportation
Commission (OCTC) for today, but the time
was changed to March 26. However, he
added that as the President of the League
requested a response from the City in time
for the earlier meeting date, the subject
letter stating the City's position to
oppose placing the one -half cent sales tax
issue before the voters in November, 1990
was based upon several reasons:
Volume 44 - Page 83
CITY OF NEWPORT BEACH
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Motion
Ayes x x x x x x
Noes x
Abstained x
Motion x
Ayes Ix Ix x x x x
0 x
MINUTES
March 12, 1990
(a) "...the City of Newport Beach
has not had an opportunity of
reviewing the proposal and how
the new proposal would be
similar or dissimilar from
Measure M that was defeated in
1989;
(b) "...the City of Newport Beach
believes that an Orange County
Association of Governments
should be established to
administer not only County
transportation matters, but
matters related to
transportation;
(c) "...unless meaningful dialog
is established by the OCTC in
the near future to discuss an
Orange County Association of
Governments (CAG), cities
cannot support the one -half
cent sales tax.... that the CAG
is the Number 1 priority, with
the No. 2 priority being
issues such as the one -half
cent sales tax."
The City Manager added that the above
position stated in the subject letter
reflects what the other cities have been
discussing among themselves, with regard
to the continuation of Senate'Bill 838.
Also, recently he held a meeting with most
of the City Managers of Orange County, and
they are all strongly supportive of a
formal multipurpose oversight committee
consisting of representatives of the
cities and county because the cities
believe that if a transportation tax is to
be successful, there should be an effort
towards land use control, solid waste, and
air quality control.
Discussion ensued, wherein motion was made
to approve the action on the agenda, "for
Council information and filing," and to
move ahead with the subject letter.
2. Report from the City Attorney regarding
establishing a recycling service fee.
Following discussion and clarification
that the proposed ordinance merely allows
the establishment of a fee, motion was
made to introduce /pass to second reading
on March 26, 1990, proposed Ordinance No.
90 -6 establishing a RECYCLING SERVICE FEE.
Volume 44 - Page 84
One -half
Cent Sales
Tax Issue
Ord 90 -6
Recycling
Fee
(40)
CITY OF NEWPORT BEACH
COUNCIL
MEMBERS
March 12, 1990
•
Motion
All Ayes
Motion
All Ayes
Motion I x
All Ayes
Motion
All Ayes
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on
Ayes
X
x
x
x
MINUTES
3. Letter from L. Vincent Mayell requesting Tidelands
specific HEIGHT LIMITATIONS FOR DESIGN OF AT
ALL PIERS- BUILT/REBUILT AN BAYFRONT HOMES (51)
(LIDO ISLE).
Council was advised that an additional
letter was received after the agenda was
printed from Bruce P. Crary in support of
Mr. Mayell's request.
Motion was made to refer letter from L.
Vincent Mayell to Tidelands Affairs
Committee for report back.
4. Following consideration, motion was made Property/
to refer NEWPORT BEACH MARINAPARR MOBILE Marinapark
HOME SPACE NO. 12 -E transfer to Tidelands Mobile Hm
Affairs Committee for review regarding Sp 12 -E
future public access adjacent to the (73)
subject mobile home.
5. Motion was made to refer request for a
Budget Amendment in the amount of $5,000
for related expenses for the SISTER CITY
VISITORS DELEGATION FROM ANTIBES, FRANCE,
to Budget Committee for review,
6. Motion was made to approve the concept
stated in the ENVIRONMENTAL QUALITY
AFFAIRS CITIZENS ADVISORY COMMITTEE memo
dated March 6 to Council Liaison Jean
Watt, and letter to City Council dated
March 12, concerning RECYCLING MOTTO
CONTEST, subject to any final changes made
by Mayor Plummer, Council Members Watt and
Strauss, as well as the Chairman of the
Committee.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 90 -5, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH ADDING
SECTION 12.66.087 TO THE NEWPORT
BEACH MUNICIPAL CODE TO PROVIDE FOR
APPLICATION OF VEHICLE CODE TO
PRIVATE STREETS IN THE NEWPORT NORTH
VILLAS DEVELOPMENT ( CORTE PORTOFINO,
CORTE HERMOSA, CORTE PORTAL, CORTE
MARIN, CORTE SAN RAFAEL, CORTE
LINDA, CORTE CALETA).
Recycled report dated February 26, 1990
from the Public Works Department.
Motion was made to adopt Ordinance
No. 90 -5.
Volume 44 - Page 85
EQA /CAC/
Motto
Contest
(24)
Ord 90 -5
Vehicle
Code /Npt
NVillas
(85)
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Motion x
All Ayes
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CITY OF NEWPORT BEACH
MINUTES
I. CONTINUED BUSINESS:
1. HARBOR PERMIT APPLICATION NO. 105 -2209 - Harbor.
Recycled report from Tidelands Affairs Permit
Committee of February 26, 1990, Apli#105-
recommending denial for reasons given in 2209 Baysd
the staff report for Lynn Burnett to build Dr /Burnett
a bulkhead bayward of 2209 Bayside Drive. (51)
Council was advised that a letter dated
March 8, was received from Lynn Burnett
requesting that the subject application be
taken off the agenda until further notice.
The City Manager explained that the
applicant has been unable to include in
their schedule, a meeting with the
Tidelands Affairs Committee since this
application appeared on the agenda of
February 26, 1990.
Motion was made to remove the subject
application from the agenda until further
notice, as requested by the applicant.
Discussion ensued, wherein it was
requested that the maker of the motion
include approval of the Harbor Policy
establishing building lines on the homes
in Carnation Cove, to which there was no
objection, and the motion was voted on and
carried.
2. Recycled reports from City Attorney dated
February 21, 1990, and Public Works
Department dated February 26, 1990,
regarding ENCROACHMENT PERMIT NO. 89 -79
(3317 OCEAN BOULEVARD).
The City Attorney advised he met last week
with the applicant's attorney and
architect, and that they discussed a
proposal to resolve the appeal which could
be acceptable to the City Council. He
added that staff has no objections to the
proposal for the applicant to move the spa
out of the public right -of -way onto
private property southerly of the north
property line, and in exchange for the
voluntary relocation of the spa, the
applicant would like the City Council to
waive any processing fee that might remain
in light of the number of discretionary
approvals he has been given in the past.
Also, the City Attorney stated the
applicant is asking that the City process
Volume 44- Page 86
Encroachmnt
Permit/
Worth
Probst
3317 Ocean
B1
(65)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
NCO
ROLL CALL March 12, 1990
MINUTES
as�ritsea
their revised plans as soon as possible, Encroachm
and to authorize the construction of a 3317 Ocean
required safety fence along the front B1
property line. The City Attorney stated
that under the circumstances where the
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project has been through the Modifications
Committee to allow encroachments within
the front yard setback, where the spa was
shown as a part of that modification, the
Council can dispense with the technicality
of requiring a modification.
Brion Jeannette, Architect for the
applicant, addressed the Council stating
that in April, 1989 he submitted two full
sets of plans to the City for review for
the encroachment permit. He presented a
group of photographs to the City Council
depicting that rights -of -ways have already
been taken by property owners in the area
which may, or may not have approved
encroachment permits, and at this point,
it is City property being utilized by the
private owners of these properties. He
added that what he is asking for here is
nothing different, although the spa is at
issue, and proceeded to indicated how a 5-
foot high fence could be built around the
existing spa in the present location
without any additional access issues that
could come from the public. He asked if
the City Council could find it possible to
circumvent the cost, which has now
escalated from $2,000 to approximately
$7,000 to relocate the spa, and to permit
the applicant to leave the spa where it
presently is located.
Discussion ensued, wherein it was pointed
out to the applicant's architect that the
resolution that was adopted on May 31,
1989 very clearly did not mention the spa,
which was signed by the Mayor and property
owner. Technically, a grading permit was
issued by the City, and the spa was
indicated on the grading plan; a grading
inspection was made, but there was no
plumbing or building permit issued for the
spa.
Worth Probst, applicant, addressed the
Council, and asked if the City would be
willing to split the cost to relocate the
spa. He stated that if they would go down
and look at the subject property you could
see that it is not public access, nor are
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the other properties that have spas and
fences, or gates.
Volume 44 - Page 87
CITY OF NEWPORT BEACH
COUNCIL MEMBERS !4�
G,pZ��y� y9���iP
RAI I P-AI I March 12, 1990
MINUTES
mr Rn
In answer to question from the City Encroachm
Council, the City Attorney recited that 3317 Ocean
"Public right -of -way is property that has B1
been granted or dedicated to the City for
street, highway, public access, pedestrian
purpose, and all things associated." He
added that it can be a natural improved
road, a parkway adjacent to the road
necessary for lateral support, etc.
The City Attorney also advised that after
talking last week with Mr. Bates, the
applicant's attorney, it was made clear to
Mr. Bates that the City Council would not
agree to share the cost of relocating the
spa because it would set a precedent.
The City Attorney, in answer to Council
inquiry, advised that according to the law
there is potential liability on the part
of the City as the spa is on City
property, and if there is some condition
related to the spa that is dangerous,
while the applicant, or his successors are
in control of that property, the City
would be named as a defendant. Also, he
added that the presence of the spa on
public property contolled by the City
could involve a liability suit if some
41ion
leakage in the spa itself occurred.
x
Motion was made by Mayor Pro Tem Sansone
to approve the Fountain, but not Spa, as
suggested by the City Attorney, (Findings
1 - 7 on page 8 of the February 21, 1990
staff report) including three additional
recommendations, as follows:
1. The proposed fountain will not
significantly restrict the
public's rights of access and
travel;
2. The proposed fountain is
typical of improvements found
in public places and will not
create the impression the
public right -of -way is
privately owned;
3. The proposed fountain will not
create public safety or
liability problems;
4. The proposed fountain will not
require the construction of
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any fence or protective device
that would restrict public
movement or create the
impression the property is
privately owned;
Volume 44 - Page 88
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Motion
r:
x
CITY OF NEWPORT BEACH
MINUTES
March 12. 1990
5. The proposed spa will, by its Encroachm
nature, restrict public 3311 Ocean
movement and require the Bl
construction of a safety fence
that would further restrict
public rights;
6. The proposed spa will create
public liability and safety
problems;
7. The proposed spa will create
the impression the property is
privately owned;
8. City to waive the processing
fees;
9. Process the plans as soon as
possible; and
10. Authorize the construction of
whatever fence is required by
the Building Code to ensure
safety.
Lisa Benedict, wife of the applicant,
addressed the Council in a last minute
effort to appeal that, if the Council
approves the fountain the spa also be
approved in its present location.
The City Attorney, advised that the
fountain should be constructed so there
should be no accumulation of water that is
18" or more in depth, otherwise an
additional fence is required around the
fountain, according to the Zoning Code.
Substitute motion was made by Council
Member Hart to approve the Findings for
Denial of Spa and Fountain, contained on
page 9 of the February 21, 1990 staff
report.
It was suggested by Council Member Cox
that staff review the Ocean Boulevard area
to address the issue of vacating some
public rights -of -ways that will no longer
be used by the City.
Discussion ensued, wherein clarification
of the substitute motion made by Council
Member Hart includes the additional
conditions, numbers 8 - 10, recommended by
the staff, and as stated in the foregoing
motion made by Mayor Pro Tem Sansone.
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to
All Ayes
•
CITY OF NEWPORT BEACH
MINUTES
F. YAC--
TP
March 12. 1990
The applicants, Mr. and Mrs. Probst, Encroachm
indicated that they would like the 3317 Ocean
fountain to be approved, and confirmed B1
that there is less than an accumulation of
18" of water in the fountain.
After further clarification regarding the
size of the fountain, Council Member Hart
withdrew her substitute motion.
The motion made by Mayor Pro Tem Sansone
in the foregoing, was voted on and
carried.
J. CURRENT BUSINESS;
None.
Meeting adjourned at 9:24 p.m.
The agenda for this meeting was posted on
March 8, 1990, at 9:00 a.m., on the City
Hall Bulletin Board located outside of the
City of Newport Beach Administration
Building.
ATTEST:
xzj"51'� (:�'n
tit�Y-7 Clerk
Volume 44 - Page 90