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HomeMy WebLinkAbout04/16/1990 - City Council11 ra lJ 45 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 16, 1990 The City Council of the City of Costa Mesa, California, met in regular session April 16, 1990, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Paul Thomas, Church of Christ. ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Ory Amburgey Council Member Sandra Genis Council Members Absent: Officials Present: Council Member Edward Glasgow (Arrived at 8:15 p.m.) City Manager Allan Roeder City Attorney Thomas Kathe Public Services Director William Morris Assistant Development Services Director/Planning Perry Valantine City Clerk Eileen Phinney MINUTES On motion by Council Member Amburgey, seconded by March 22, 1990 Vice Mayor Hornbuckle, and carried 4-0, the minutes of the adjourned meeting of March 22, 1990, were approved as distributed. ORDINANCES A motion was made by'Council Member Amburgey, seconded by Vice Mayor Hornbuckle., and carried 4-0, to read all ordinances by title only. PROCLAMATIONS Mayor Buffa read a proclamation declaring Monday, Ted Gielow Day April 16, 1990, as Ted Gielow Day, for his placement in a National Science Contest. Mayor Buffa commended Ted for his achievements in education and science as well as his many other extracurricular activities and hobbies. Ted Gielow thanked the community and stated that he is -working with his physics -teacher in the hopes that the community will have more winners of this competi- tion in the future. Earth Day 1990 A proclamation was read by Council Member Genis de- claring Sunday, April 22, 1990, as Earth Day, and encouraged residents of this community to become involv- ed in promoting preservation of the global environment. Mayor.Buffa announced that there would be a special ceremony at South Coast Plaza on Sunday, and Council Member Genis would be presenting this proclamation as the City of Costa Mesa's recognition of the Earth Day. activities. PRESENTATION Scott Payne and Anna Evans of the Community Services Paularino School Department introduced the Girl's Basketball "B" Team Girls Basketball from.Paularino School. Mr. Payne explained that the girls had won the right to represent Orange County in the Southern California Municipal Athletic Federation Tournament and had placed number one. Mr. Payne presented the trophy won by the team to the Mayor for display in City Hall. 446 Crime and Patricia Schuda, 2895 Palau Place, Costa Mesa referred to Traffic Accidents to the alarming growth of crime and traffic accidents in at 19th Street the 19th Street and Placentia Avenue area. She stated Placentia Avenue that the problems caused by day workers congregating at Winchell's Donuts were also growing. Mrs. Schuda offered solutions which included a larger police presence in this area, a foot patrol in daytime and additional police surveillance at night. She asked the Council to add Placentia Avenue, between 19th and Victoria Streets, to the ordinance already in place forbidding congregat- ing with the intent to solicit work. Mayor Buffa pointed out that as to the day -worker situation at Winchell's Donuts, the Police cannot enter private property without a request from property owner. He stated that adding Placentia Avenue to the existing ordinance would be inconsequential for the same reason. Mayor Buffa stated that the City would look into the possibility of increasing patrols in that area. Share Our Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, Selves referred to recent newspaper articles concerning lack of Insurance insurance for the Share Our Selves organization. Mr. Goldstein stated he was upset because some of those 'close to the nonprofit agency had been aware of the allegations for several weeks. He specifically mentioned Vice Mayor Hornbuckle, stating that this was information the public had a right to know since the City would have been liable for any incidents occurring on its premises in the absence of SOS insurance. Vice Mayor Hornbuckle responded that the information she had in March were merely allegations. Council Member Genis asked if SOS had submitted proper insurance. The City Manager answered that SOS had placed a certificate of insurance on file with the City which has recently expired and SOS indicated that new coverage has been obtained. The City Manager stated that other portions of their operation not covered by insurance was previously acted on by Council through eviction proceed- ings. In response to a question from Council Member Amburgey, City Attorney reported that he learned in early April that SOS had no insurance for the distribution of food and clothing and the dental clinic at Rea Center. He stated the insurance issue had become a part of the lawsuit to terminate the lease and evict SOS from Rea Center. Removal Zoltan Teglas, 286 Joann Street, stated that he was of Parkway representing people who had signed petitions opposing Trees the removal of parkway trees. Mr. Teglas informed Council that in some instances, trees were being removed and damaged sidewalks left unrepaired, such as on Wake Forest Drive. He proposed that Council interview an arborist not affiliated with the City, to find ways to. block the tree roots with root barriers. Mr. Teglas was angry because he felt that if he had not become involved, this project would have come as a complete surprise to him and other affected resi- dents. Mr. Teglas asked Council to halt the cutting down of pepper trees scheduled for Tuesday, April 17, 1990, until an arborist could check out the situation. 1 [1 447 Mayor Buffa stated that City staff had consulted with many arborists and other cities to avoid cutting down the trees. Mayor Buffa asked the City Manager'to look into the situation on Wake Forest Drive. Mr. Teglas asked if there were any way to stop the removal of pepper trees, which is scheduled for April 17, 1990. The City Manager replied that the delay would probably result in cost repercussions. He referred to the situation on Wake Forest Drive, stating that typically when trees are removed and sidewalks not repaired immediately, the project was done at the request of the.property owner because the root system was clogging up his sewer line. He also commented that under Measure "C", the City was planting 50 percent more trees than it was removing. Mayor Buffa suggested that Mr. Teglas contact the City Manager's office on April 17, 1990, to discuss this item and stated that since this was not an Agenda item, Council could not take action. Costa Mesa Jim Sanshill, owner of Euphoria Clothing Company, Courtyards located in the Costa Mesa Courtyards, stated that traffic distribution and lack of parking were major factors contributing to the deterioration of his bus- iness. Mayor Buffa suggested that Mr. Sanshill send a a letter to the Redevelopment Agency concerning these issues. Mike Herrick, owner of Pets Unlimited, Costa Mesa Courtyards, agreed with Mr. Sanshill and expressed his dissatisfaction with the parking, stating that the 30 -minute parking zones were not being policed. Mr. Herrick said that the Sports Connection has 2,000 cus- tomers a day and felt that parking needs had been under- estimated for this project. The Assistant Development Services Director/Planning said staff would make a visual inspection of that site and provide a report on their findings. He stated that another parking study might be justified, and possibly the redistribution of parking. Census Anne Hogan-Shereshevsky, 2152 Elden Avenue, Apartment Number 1, Costa Mesa, encouraged everyone to fill out and return their census forms. She added that the Census Bureau was hiring and urged anyone with some extra time to contribute to this very important project. CONSENT CALENDAR The following item was removed from the Consent Calen- dar: Item 5(a) Agreement No. D90-071 with the County of Orange, to relocate up to 20 structures for a fee not to exceed $150,000.00. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the remaining Consent Calendar items, were approved in one motion by the following roll call vote: AYES: COUNCILMEMBERS: Buffa, Hornbuckle Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS,: Glasgow READING FOLDER On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 4-0, the following Reading Folder items were received and processed. 448 i4 a Claims Claims received by the City Clerk: Aman Brothers, Incorporated; Dario P. Arredondo; Tim Green; Eleanor Humphrey; Edward Infante; and Esther Kramer for Devin Ortega, a minor. Alcoholic Alcoholic Beverage License for which parking has been Beverage approved by the Planning Division: Robert F. Jackson, License doing business as B & J Enterprises, 88 Fair Drive, No. 101. Tree Communication from Zoltan Teglas, 286 Joann Street, Preservation Costa Mesa, regarding preservation of the trees in his neighborhood. 619ZRANTS On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, Warrant Resolution 1463, including MOTION Payroll 9007, was approved by the following roll call Warrant 1463 vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow REJECTED CLAIMS On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 4-0, the following claims were rejected: Allen Sandra J. Allen; and Mitchell Michael Wayne Mitchell ADMINISTRATIVE Bids received for Bid Item 885, Custom Pruning of ACTIONS Approximately 325 Street Trees, are on file in the Bid Item 885 Clerk's office. On motion by Vice Mayor Hornbuckle, Pruning of seconded by Council Member Amburgey, the contract was Street Trees awarded to West Coast Arborists, Incorporated, 7072 MOTION Thomas Street, Buena Park, in the amount $10,562.50. MOTION/Awarded to The motion carried by the following roll call vote: West Coast AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Arborists Amburgey, Genis NOES: COUNCIL MEMBERS: None Agreement with ABSENT: COUNCIL MEMBERS: Glasgow Bid Item 886 Bids received for Bid Item 886, Purchase of 78 Trees, 78 Trees are on file in the Clerk's office. On motion by Vice Mayor Hornbuckle,-seconded by Council Member Amburgey, the contract was awarded to Varela's Nursery, Post Office Box 313, Cerritos, in the amount of $7,707.38. MOTION The motion carried by the following roll call vote: Awarded to AYES: COUNCIL MEMBERS: Buffa, Hornbuckle Varela's Amburgey, Genis Nursery NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Agreement with The Public Services Director recommended approval of an Herman Kimmel agreement with Herman Kimmel and Associates, 3661 Traffic Signal Spruce Street, Newport Beach, for a Citywide Traffic Coordination Signal Coordination Study, in the amount of $56,240.00. Study On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the agreement was approved and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow 449 Agreement with Staff.recommended approval of an.agreement with United States United States Escrow, 8121 East Florence Avenue, Escrow and Downey, and Meza and Madrid Development, Incorporated, Meza and Madrid 9915 Rose Street, Bellflower, for services connected Development with the City's Housing Rehabilitation and Rental Appointed Rehabilitation Loan Programs. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the . MOTION City Manager was authorized to negotiate and execute Agreement an agreement, by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle Approved Amburgey, Genis Discharge Elimina- NOES: COUNCIL MEMBERS: None tion System Permit ABSENT: COUNCIL MEMBERS: Glasgow Budget Adjustment On motion by Vice Mayor Hornbuckle, seconded by Council No. 90-85 Member Amburgey, Budget Adjustment No. 90-85, in the amount of $25,000.00, to provide adequate appropriation MOTION to complete the enhancements and additions to the exist - Budget Adjust- ing Council Chamber Cable Television System, was ment Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow City Insurance Staff recommended the appointment of Robert F. Driver Broker Company, Incorporated, 3636 Birch Street, Suite 230, Newport Beach, as the City's insurance broker of record. MOTION On motion by Vice Mayor. Hornbuckle, seconded by Council Robert F. Driver Member Amburgey, the recommendation was approved by Appointed the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow National Pollutant The Director of Public Services recommended that the Discharge Elimina- City participate as a co -applicant with the County of tion System Permit Orange for a National Pollutant Discharge Elimination System (NPDES) Permit. On motion by Vice Mayor Horn - MOTION buckle, seconded by Council Member Amburgey, Resolution Resolution 90-28 No. 90-28, A RESOLUTION OF THE CITY COUNCIL OF THE CITY Adopted OF COSTA MESA, CALIFORNIA, AUTHORIZING THE DIRECTOR OF PUBLIC SERVICES TO APPLY FOR A PERMIT PERTAINING TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES), was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Disposition of The Director of Public Services recommended approval and Surplus Funds from adoption of Resolution concerning disposition of surplus Assessment'Districts funds in Assessment Districts. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, Resolu- MOTION tion No. 90-29, A RESOLUTION OF THE CITY COUNCIL OF THE Resolution 90-29 CITY OF COSTA MESA, CALIFORNIA, MAKING DECLARATION REGARD - Adopted ING SURPLUS IN IMPROVEMENT FUNDS, concerning Assessment Districts No. 80-1, 82-1, 82-2, and 82-2, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow City's ;On a motion by Vice Mayor Hornbuckle, seconded by Small Claims Council Member Amburgey, Resolution 90-30, A RESO- Court Repre- LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, sentative CALIFORNIA, APPOINTING JAMES E. MILLER, TAX AUDITING Approved; Improve- SPECIALIST, AS THE CITY'S REPRESENTATIVE IN SMALL CLAIMS MOTION COURT IN ALL INSTANCES WHERE CLAIMS ON BEHALF OF THE Resolution 90-30 CITY OF COSTA MESA ARE BEING ENFORCED, was adopted by Adopted the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Completion of Ccmpletion of street improvements at 2178 Canyon Drive Street Improvements for Development Review DR -88-58, have been completed to for DR -88-58 by the satisfaction of the Public Services Director, by Alfa Development Alfa Development, 2070 Business Center Drive, Suite 160, Irvine. On motion by Vice Mayor Hornbuckle, seconded by MOTION Council Member Amburgey, the improvements were accepted, Improvements and Performance and Labor and Material Bonds were Accepted ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Change Order No. 13 ''Ihe Fairview Park - Phase I construction was ccmpleted and Notice of Comple on March 15, 1990, by Valley Crest Landscape, Incor- tion Fairview Park porated, 1920 South Yale Street, Santa Ana, to the Phase 1; Valley satisfaction of the Community Services Director. On Crest'Landscape motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, Change Order No. 13 was approved and MOTION/Change Order the improvements were accepted; the Clerk was author - Approved; Improve- ized to file a Notice of Completion; authorization was ments Accepted given to release retention funds 35 days thereafter; Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exoner- ated 12 months thereafter. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Agreement with Item 5(a) on the Consent Calendar was presented: County of Orange Agreement No. D90-071 with the County of Orange, in Victoria Street connection with the Victoria Street Widening Project, Widening to relocate up to 20 structures on Victoria Street, at a cost not to exceed $150,000.00, by the following roll call vote: Richard Goldstein, 1981 Wallace, questioned the status of this agreement because a newspaper article had indicat- ed that the County was unable to accomplish the reloca- tion of these structures. Rick Efker, employee of the County of Orange, Housing and Community Development Department, reported that the County had originally had three possible sites for temporary relocation of the structures, two of which have since been deemed unsuitable. The County is currently awaiting an answer from the City of Anaheim, and he is optimistic that approval will be given. Mr. Efker requested the City to approve the agreement and stated that if the County of Orange failed to obtain temporary sites, the money would be returned. 1 i MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Agreement Member Amburgey, the agreement was approved contingent Approved on finding a suitable location. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow PUBLIC HEARING The Clerk announced that this was the time and place Griffith/Burge set for the public hearings, continued from the meeting of April 2, 1990, for Dwight J. Griffith, 2121 East Coast Highway, Suite 280, Corona del Mar, authorized agent for Gary 0. Burge, D.V.M., 736 Whalers Way, Suite F-250, Fort Collins, Colorado, for the Newport Animal Hospital, 125 Mesa Drive, Costa Mesa. GP -90-01 General Plan Amendment GP -90-01, to change the land use designation from Medium Density Residential to Neighborhood Commercial. R-90-02 Rezone Petition R-90-02, to rezone from R2 to Cl. Environmental Determination: Negative Declaration adopted April 2, 1990. The Assistant Development Services Director/Planning stated that staff had reviewed Council concerns about rezoning this property to Cl, and the conclusion was reached that Council should consider the Planned Devel- opment Commercial (PDC) zone along with the requested Neighborhood Commercial land -use designation, and con- dition the General Plan Amendment. The Assistant Direc- tor reported that Planning staff and the applicant felt this was an acceptable solution and staff recommended that Council proceed with the General Plan Amendment and withdraw the rezone. He stated that the applicant would then refile an application for a rezone to PDC. In response to a question from Council Member Genis, the Assistant Director stated there is a general list of permitted uses in the zoning code for the PDC zone which includes retail, office, and support commercial uses. He indicated the specific development standards were less rigid than for the standard commercial zone, i.e., a front setback of 25 feet. Larry Hogle, 19752 MacArthur Boulevard, Suite 210, Irvine, felt the PDC zone was an acceptable solution which would allow the applicant to submit a plan speci- fically for an animal hospital. He stated that his understanding was that no one could use this site for anything else without going through the whole process again, which he felt gave the City adequate protection and provided his group the assurances they need to proceed with the remodeling of the facility. Following a brief discussion between Vice Mayor Horn - buckle and Council Member Genis, Dwight Griffith, authorized agent for applicant, pointed out that the site plan originally submitted was just an illustrative approach. Mr. Griffith stated that the desired 13,000 square feet would largely be used for administrative offices. 451. 452 MOTION :Council Member Amburgey made a motion, seconded by Vice Resolution 90-31 Mayor Hornbuckle to adopt Resolution No. 90-31, A RESO- Adopted LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -90-01, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, conditioned upon the adoption of Planned Development Commercial (PDC) zoning within six (6) months. The 'motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: Glasgow Council Member Genis expressed doubts about the size of the proposed remodeling/expansion and felt the PDC zone was very broad which did not offer enough protection to residents in the neighborhood. MOTION/R-90-02 On motion by Vice Mayor Hornbuckle, seconded by Council Withdrawn Member Amburgey, and carried 3-1, Council Member Genis voting no, Council Member Glasgow absent, Rezone Peti- tion R-90-02 was withdrawn. PUBLIC HEARING The Clerk announced that this was the time and place set PA-90-41/01son for public hearing to consider an application from Forest Appealed by Fisher, 1417 Antigua Way, Newport Beach, appealing the Fisher Planning Commission's approval of Planning Action PA -90-41, for Patrick Eric Olson, 1132 Victoria Place, Costa Mesa, for a variance from open space requirements (40 percent required; 33 percent proposed) in conjunc- tion with construction of a five -unit apartment project at 426 Victoria Street in an R2 zone. The affidavit of mailing the legal notices are on file in the Clerk's office. No communications were received. The Assistant Development Services Director/Planning displayed a map showing the property in question at 426 Victoria Street, for which the Planning Commission approved a 5 -unit apartment project. The Assistant Director summarized the staff report dated April 10, 1990, and noted that the property to the west, owned by Forest Fisher, is the site of Lucky's Supermarket and related retail stores. He stated that the property line between the:two sites was also the centerline of a 60 -foot access easement which extends from Victoria Street northerly to the rear of the Lucky Center. The basis for the variance that was granted by the Planning Commission from the open space requirements was the unusual amount of'the property being taken up by the easement, which could only be used for vehicular access. The Assistant Director suggested that the owner could pave that area and make it available to himself and the neighboring property owner. He reported that staff felt the limited use of the easement negated safety concerns, and recommended that Council uphold Planning Commission's approval of the variance. In answer to questions from Vice Mayor Hornbuckle, the Assistant Director assured Council there would be clear access frcxn Victoria Street through that area. Responding to a question fram Council Member Genis, the Assistant Development Services Director/Planning report- ed that under the City's ordinances, landscaped areas adjacent to travel.ways are required to be surrounded by 6 -inch curbing and contain irrigation. 1 Forest Fisher, the appellant, stated that the original application was for a 44 percent variance instead of 33 percent. He stated that this plan would violate the City's ordinances requiring a permanent barrier between commercial and residential uses and a setback between garages and roadways. Mr. Fisher said he was appealing on the basis that this would be a major safety impact. Richard Goldstein, 1981 Wallace, asked questions regard- ing the easement. Patrick Eric Olson, advised that the original easement was for roadway purposes. He pointed out that the absence of windows on the west side would take the place of a block wall;.however, there would be a block wall between the buildings. Since no one else wished to speak, Mayor Buffa closed the public hearing. After a brief discussion, Vice Mayor Hornbuckle made MOTION a motion, seconded by Council Member Amburgey, and Upheld Planning carried 4-0, Council Member Glasgow absent, to uphold Commission's the Planning Commission's approval of Planning Action Approval of PA -90-41, based on findings and conditions outlined in PA -90-41 the Staff Report with additional changes to the con- ditions as follows: (1) In condition No. 4, add the words "and roll -up doors with automatic garage door openers"; 2) Driveway shall be posted for "No Parking"; and, 3) A statement adding that "if the easement is ever abandoned additional landscaping, as referenced in the Staff Report of approximately 5 feet, would be added along the westerly property line." PUBLIC HEARING The Clerk announced this was the time and place set Weed Abatement for the Public Hearing for the weed abatement program. The City Manager advised that this program is typically conducted this time of year to ensure proper time for abating all weeds from public and private property prior MOTION to the fire season. No one wishing to speak, Mayor Resolution 90-32 Buffa closed the public hearing. Adopted There being no speakers, Mayor Buffa closed the public -- heaing. On motion by Vice Mayor Hornbuckle, seconded by Council Member Genis, Resolution No. 90-32, A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INSTRUCTING AND AUTHORIZING THE FIRE CHIEF OR HIS DESIGNEE TO PROCEED WITH THE REMOVAL OF WEEDS AND RUBBISH, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow The. Clerk presented from the meeting of April 2, 1990, OLD BUSINESS for second reading and adoption, Ordinance 90-3, AN Special Events ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Signing CALIFORNIA, AMENDING TITLE 5 OF THE COSTA MESA MUNICIPAL THE COSTA MESA, MUNICIPAL CODE REGARDING SIGN REGULA- TIONS PERTAINING TO SPECIAL EVENT SIGNING, PLANNED SIGNING PROGRAMS, AND MINOR VARIANCE PROCEDURES; AND AMENDING TITLE 13 REGARDING ADMINISTRATIVE ADJUSTMENTS. MOTION ;Mayor Buffa announced that he had received a request Continued to from the Automobile Dealers Association to continue this May 21, 1990 item. Mayor Buffa made a motion, seconded by Vice Mayor Hornbuckle, and carried 4-0, Council Member Glasgow ;absent, to continue this item to the meeting of May 21, 1990, directing staff to notify the automobile associa- tion, balloon suppliers, homeowner associations of neighboring residential areas, and anyone else who might be interested in this issue. OLD BUSINESS The Clerk presented a request from Roger Blanchard, 1144 Sea Bluff Drive, Costa Mesa, for a rehearing of Blanchard's Request Rezone Petition R-90-01 for Van Elliott, 135 Commercial For Rehearing of Way, Costa Mesa, authorized agent for Dorie L. Gist, R-90-01/Elliott 2109 Valley Road, to change the zoning of property at 2109-2115 Valley Road from R1 to PDR -MD; and also pre- sented for second reading and adoption, Ordinance No. 90-4, which changes zoning from R1 to PDR -MD. The Assistant Development Services Director/Planning summarized the appeal request and items contained in the Staff Report dated April 11, 1990. Roger Blanchard, indicated he had no new information but felt a number of his questions to Council had not been publicly discussed, i.e., Environmental Impact Report, assumed devaluation of properties on Sea Bluff Drive, impact of increased number of vehicles being parked in that vicinity, and impact on the commercial center next to this project. Mr. Blanchard stated that the basis for his request for a rehearing was to obtain answers on those subjects. NEW BUSINESS The Clerk presented revised guidelines for Transpor- Revised Guidelines tation Commission's consideration of posting "no for Pasting "No parking" signs for street sweeping. Parking" Signs for Street Sweeping Craig Hampton, 2405 La Mesa Court, project architect, felt that the issues brought up by the appellant had all been discussed at the public hearing on April 2, 1990. Council Member The Assistant Development Services Director/Planning Glasgow Arrived stated that a study completed by the planning staff at 8:15 P.M. determined that the environmental impacts were not significant enough to warrant an E.I.R. for the project, and subsequently a Negative Declaration was prepared. He stated that this determination was reached by con- sidering the size of the parcel, the current condition of the parcel which contains existing development, and the nature of the improvement proposed on the property. MOTION After a brief discussion, Council Member Amburgey, Rehearing made a motion, seconded by Mayor Buffa, and carried 4-1, Denied with Council Member Genis voting no, to deny the rehear- ing. MOTION On motion by Council Member Amburgey, seconded by Ordinance Council Member Glasgow, Ordinance No. 90-4, AN ORDINANCE 90-4 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Adopted FORNIA, CHANGING THE ZONING OF PROPERTY AT 2109-2115 VALLEY ROAD FROM R1 TO PDR -MD, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Hornbuckle, Genis ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented revised guidelines for Transpor- Revised Guidelines tation Commission's consideration of posting "no for Pasting "No parking" signs for street sweeping. Parking" Signs for Street Sweeping The Public Services Director advised that the Trans- portation Committee met on March 8, 1990, and reviewed previously adopted guidelines for posting "no parking" signs for street sweeping. The Transportation Com- mission recommended a number of clarifications and additions to the existing guidelines, which will assist in determining the 50 percent criteria for requests for "no parking" in certain residential areas. Mr. Morris stated that another recommendation would allow that any request before the Transportation Commission would not be reheard for a minimum of 9 months, unless Council directed otherwise. MOTION Revised On motion by Council Member Amburgey, seconded by Vice Guidelines Mayor Hornbuckle, and carried 5-0, the revised guide - Approved lines for the Transportation Commission were approved. NEW BUSINESS The Clerk presented a request for $5,000.00 from the Request for Human Relations Committee for its multicultural Funds from festival Human Relations Committee Vice Mayor Hornbuckle referred to a memorandum she had distributed, dated April 1.2, 1990, requesting City spon- sorship in the amount of $5,000.00 for the Human Rela- tions Committee and its Fourth Annual Multi -Cultural MOTION Festival to be held on October 13, 1990. After a brief Continued to discussion, a motion was made by Council Member May 7, 1990 Amburgey, seconded by Council Member Genis, and carried 5-0, to continue this item to the meeting of May 7, 1990, so that more information could be obtained from the Human Relations Committee. NEW BUSINESS The City Manager reviewed the request from the Costa Request to Amend Mesa Senior Citizens Corporation to amend Article III, Senior Citizens Section 3.01 of their bylaws to allow for an increase Corporation of a maximum of 25 directors instead of the current Bylaws maximum of 11 directors. Marie Maples, 461 Swarthmore, Vice President of the Costa Mesa Senior Citizens Corporation, requested the approval of the amendment to the bylaws and stated they would also expand into an advisory committee made up of senior representatives. Susan Schollenberger, Executive Director, Costa Mesa Senior Citizens Corporation, stated that for a fund- raising campaign of the magnitude they are undertaking, the optimum size of the Board of Directors should be 22 to 25 members. MOTION A motion was made by Council Member Amburgey, seconded Approved Amendment by Council Member Glasgow, and carried 5-0, to approve to Bylaws a 25 -member Board of Directors for the Corporation. Rooftop Struc- The Clerk introduced an urgency ordinance amending tures in Resi- Title 13 of the Costa Mesa Municipal Code regarding dential Zones building height and rooftop pools and decks in redsi- dential zones. The Assistant Development Services Director/Planning advised the Council that the Planning Staff had just become aware of a proposal to construct a rooftop pool on top of a nearly 30 -foot tall, two-story single- family home. k. 455 The Assistant Director stated that the proposal is not consistent with the intent of the residential development standards and that no permits had been issued to author- ize the work. He asked that Council adopt an Urgency Ordinance to prohibit rooftop pools and decks on buildings or structures that exceed 1 story or 20 -feet in height in the R1 zone and to specify that maximum building or structure height in that zone would be two stories, and not to exceed 30 -feet. Sam Gregory, 1004 Arbor Street, owner of the property in question, stated he was against additional restric- tions on the location of porches, decks, and pools, and submitted a petition of approximately 20 signatures of .fellow citizens who shared that opinion. Mr. Gregory felt the City had imposed sufficient restrictions to accommodate neighbors, and that homeowners should have freedom to do what they want within the required restrictions, as long as they did not disturb their neighbors. Mr. Gregory felt the proposed urgency ordinance was unfair, since it was presented after he had submitted his plans for approval. P4OTION On motion by Vice Mayor Hornbuckle, seconded by Council Extended Member Glasgow, and carried 4-1, Council Member Amburgey Speaking Time voting no, Mr. Gregory was granted two additional Approved minutes to speak. Mr. Gregory requested Council to direct the Assistant Development Services Director/Planning to approve his plan changes or at least delay action on the urgency ordinance. In response to questions from Council Member Glasgow, Mr. Gregory advised that the proposed pool would be 3-1/2 feet deep, that the plan changes he was request- ing were all within the outline of the original struc- ture, and the top of the actual pool would be approxi - 28 feet. The Assistant Development Services Director/Planning clarified that the plans for this project were delivered across the counter on April 12, 1990, which consisted of a single set of plans with no permit applications. The Assistant Director stated he had accepted those plans and that his understanding was that it was to illustrate a question with regard to porches. The Assistant Direc- tor advised that he had only learned on the morning of April 16, 1990, that Mr. Gregory had submitted the plans with the intentions of a plan check; however, no fees or applications were submitted, so the plans are not in the plan check process. Roy Pizarek, 1923 Whittier, Costa Mesa, stated that he supported Mr. Gregory's right to construct this project; however, he had some concerns which included privacy, noise, and stability of the bluff on which this project is being built. Mr. Pizarek felt the neighborhood should be able to communicate their desires regarding this building. Doug Jamieson, 2100 National Avenue, Costa Mesa, related thathe had seen the pool site and felt it was well supported and safe. Mr. Jamieson stated that this pool is well within the required setbacks and that pool permits are not normally judged on noise level. [i r Vice Mayor Hornbuckle commended Mr. Gregory on his creativity and reminded him that it was important to acquire the proper permits at the proper time. The Vice Mayor also advised that an urgency ordin- ance required a four-fifths (4/5) vote to pass. MOTION to Council Member Amburgey made a motion, seconded by Adopt Urgency Council Member Genis, to adopt an urgency ordinance Ordinance amending Title 13 of the Costa Mesa Municipal Code regarding building height and rooftop pools and decks Failed To in residential,zones. Since the ordinance required a Carry four-fifths vote in favor, the motion failed to carry 3 -2, -Council Members Buffa and Glasgow voting no. During discussion, Council Member Genis stated that she considered this urgency ordinance to be a clari- fication of the existing policy and the intent of the existing ordinance, which is specifically to allow two levels of living space. She did not believe Mr. Gregory's project.was consistent with the intent of the existing ordinance. Vice Mayor Hornbuckle was informed by the Assistant Development Services Director/Planning that in view of the failure of the urgency ordinance, Mr. Gregory would be able to proceed with obtaining the proper permits. U.S. Conference On a motion by Vice Mayor Hornbuckle, seconded by of Mayors Council Member Glasgow, and carried 5-0, approval was given for Mayor Buffa to attend the U. S. Conference of Mayors in June, 1990, and return with a recommen- dation on whether the City should rejoin this organi- zation. CITY ATTORNEY REPORT Mayor Buffa announced that the closed session for City Items 1(a), 1(b), Attorney Items 1(a), 1(b), and 1(c) would be held at and 1(c) Trailed -the end of regular business. CITY ATTORNEY On a motion by Vice Mayor. Hornbuckle, seconded by REPORT Council Member Amburgey, and carried 5-0, authorization Wickline Lawsuit was given to settle the lawsuit of Mitchell Wickline v. City of Costa Mesa, as recommended in the confidential memorandum dated April 6, 1990, from the City Attorney's office. CITY MANAGER REPORT The City Manager presented a request from the Fire Chief Request For to extend the industrial accident leave of firefighter Extension of Phillip Schmuck from nine months to twelve months, Industrial Acci- pursuant to the City's Rules and Regulations, Rule 12, dent Leave for Section 12. On motion by Vice Mayor Hornbuckle, Phillip Schmuck seconded by Council Member Genis, and carried 5-0, extension of the leave was approved. COUNCIL MEMBER Council Member Genis announced that a dedication of COMMENTS Fairview Park would be held on Saturday, April 21, 1990. Fairview Park Council Member Genis stated she would also like to see Insurance a better system of monitoring insurance when the City Certificates is to be indemnified and suggested a "tickler" file. Public Notices She also mentioned that she had previously suggested sending public notices to occupants as well as property owners and requested a.report,on the progress. Costa Mesa Repre- Council Member Glasgow explained that the reason for his sentation on the late arrival to the Council meeting was because he had Fair Board been in Sacramento, testifying before the Agriculture !Committee for the purpose of requiring the Governor to appoint a resident of Costa Mesa to the Fair board. ;Council Member Glasgow stated that Assemblyman Frizzelle had presented the bill and did an admirable job in explaining the position of the proponents. Council Member Glasgow said that those in attendance felt they had defined the problem well, but no one was interested ,in helping with the solution, so there will be no recom- :mendation that the bill proceed from the Agricultural Committee. Transient Council Member Amburgey referenced previous discussions Occupancy Tax concerning the Transient Occupancy Tax and the Tourism, Arts and Promotion Corporation, a nonprofit corporation, stating the City Attorney had sent a report discussing assessment charges to hotel and motel property owners, with the assessment being placed on their property tax. Council Member Amburgey felt this had created some nega- tive feelings and requested the City Attorney to provide another avenue for establishing a user fee. Easter Egg Hunt Mayor Buffa thanked everyone who participated in the Easter Egg Hunt at Balearic Park. ADJOURNMENT TO Mayor Buffa adjourned the meeting at 9:25 p.m., to CLOSED SESSION a closed session in the first floor conference room to discuss City Attorney Items 1(a) Claim from Guardian Savings and Loan Association for Orange Aviation, Inc., doing business as Tallmantz Aviation; 1(b) City of Costa Mesa v. Walker, et al, Orange County Superior Court Case No. 58-71-97; and,l(c) Ned West v. City of Costa Mesa, Orange County Superior Court Case No. 42-07-28. MEETING RECONVENED The Mayor reconvened the meeting at 10:05 p.m. and reported the following action taken during closed session. Guardian Savings Council authorized settlement of the claim from Guardian and Ivan Claim dba Savings and Loan for Orange Aviation dba Tallmantz Avia- Tallmantz Aviation tion, as recommended in the Deputy City Attorney's con- MOTION/Settlement fidential memorandum dated April 11, 1990. Authorized Walker Lawsuit Council authorized the City Attorney to proceed with MOTION/City Attor- the action detailed in his confidential memorandum ney Authorized to dated April 4, 1990, in connection with Orange County Proceed Superior Court Case No. 58-71-97, City of Costa Mesa v. Walker, et al. Ned West Lawsuit Council authorized the City Attorney to proceed with MOTION the action detailed in his confidential memorandum dated April 4, 1990, in connection with Orange County Superior Court Case No. 42-07-28, Ned West v. City of Costa Mesa. ADJOURNMENT Mayor Buffa,adjourned the meeting at 10:10 p.m. Mayor of the Cit f Costa Mesa ATTEST:- _ Ci y Clerk of the City of Costa mhsa 1