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HomeMy WebLinkAbout03/12/1990 - Regular Meeting. • Present x x Motion Ayes x x Abstained Motion All Ayes • • CITY OF NEWPORT BEACH x x x x x x x x x x x x 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) • C Motion 1 x • 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 He stated that as a result of that meeting the Association has withdrawn their objection, as referenced in the foregoing letter, realizing that the impact from the church's planned expansion on this area would be very minimal.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 • • 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 • Motion All Ayes Motion All Ayes • x X 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 • • x 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 • • • 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 • • 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 N • • 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 • • 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 • • 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 • 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) • Motion x All Ayes is u 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 • 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 • 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 • any fence or protective device that would restrict public movement or create the impression the property is privately owned; Volume 44 - Page 88 E • 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. Volume 44 - Page 89 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