Loading...
HomeMy WebLinkAbout04/15/1991 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 15, 1991 The City Council of the City of Costa Mesa, California, met in regular session April 15, 1991, 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 Vice Mayor Genis. ROLL CALL Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buffa Council Member Edward Glasgow Council Members Absent: Council Member Jay Humphrey Officials Present: City Manager Allan Roeder Deputy City Manager/Develop- ment Services Donald Lamm City Attorney Thomas Kathe Public Services Director William Morris Deputy Clerk Mary Elliott Principal Planner R. Michael Robinson Senior Planner Alice Angus Associate Planner Kim Brandt MINUTES On motion by Council Member Buffa, seconded by Vice April 1, 1991 Mayor Genis, and carried 4-0, the minutes of the regular meeting of April 1, 1991, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Vice Mayor Genis, and carried 4-0, to read all ordi- nances by title only. PROCLAMATION Mayor Hornbuckle read a proclamation declaring April 17, Costa Mesa Living 1991, as "Costa Mesa Living Room Dialogue Day". The Room Dialogue Day Mayor presented the document to Eleanor Humphrey, Costa Mesa Human Relations Advisory Committee, and Mary Ann Gaido, Orange County Human Relations Committee. National Tele- Mayor Hornbuckle read a proclamation declaring April 14, communicators Week through 20, 1991, as "National Telecommunicators Week". The Mayor presented the document to Dale Kinney, Sr., the City's Communications Supervisor, and Jerry Verwolf, the City's Communications Operations Manager. Water Awareness Mayor Hornbuckle read a proclamation declaring May, 1991, Month as "Water Awareness Month". The Mayor presented the document to Hank Panian, Board of Directors, Mesa Consolidated Water District.= ANNOUNCEMENT ,Mayor Hornbuckle announced there had been requests to Items to be continue the following items: Continued Public Hearing 1, Appeal of Redevelopment Action RA -90-06, Planning Action PA -90-128. Old Business 3, Communication from Jim Miller regard- ing East 19th Street.',:, New Business 5, Costa Mesa Water Use Management Plan. F 4 ORAL Janice Davidson, 1982 Arnold Avenue, Costa Mesa, spoke COMMUNICATIONS on the need for water awareness in California. She Water Awareness reported on traffic problems at the intersection of 19th Street and Meyer Place, and the poor condition of Street and Traffic Hamilton Street between Harbor Boulevard and Placentia Problems .Avenue. Mayor Hornbuckle requested that the Transporta- tion Commission investigate the 19th Street congestion, Orange County and she asked the Director of Public Services to report Fair Conflict back on the status of the Hamilton Street repairs. Ms. Davidson also complained about the Pacific Amphitheater having scheduled a concert during the Orange County Fair. Proclamations Wendy Leece, 1107 Valley Circle, Costa Mesa, presented two proclamations for the Council's consideration: (1) declaring May 5 through 11, 1991, Victims of Porno- graphy Week; and (2) declaring May 2, 1991, a National Day of Prayer. ' Police Department Sid Soffer, 900 Arbor Street, Costa Mesa, commended the Commendation Costa Mesa Police Department on their lack of violence, particularly complimenting Police Chief David L. Snowden Signal Coordination and the City Council on their guidance. He questioned and Traffic Study the status of the signal coordination and traffic study, and the Director of Public Services related that the project manager for the consultant firm left, and there have been problems in completing the final report. CONSENT CALENDAR On motion by Council Member Buffa, seconded by Vice Mayor Genis, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Humphrey WRITTEN On motion by Council Member Buffa, seconded by Vice COMMUNICATIONS Mayor Genis, Resolution 91-27, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHOR - Records Destruction IZING RECORDS DESTRUCTION FOR THE POLICE DEPARTMENT OF for Police Depart- THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, ment was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, MOTION Buffa, Glasgow Resolution 91-27 NOES: COUNCIL MEMBERS: None Adopted ABSENT: COUNCIL MEMBERS: Humphrey READING FOLDER On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Consuelo Acevez; Ernest E. Barker; Potlatch Corporation; Michael Zangger; and Applications for Leave to Present a Late Claim from Jose R. Coronado, and Mary 0. Wellington. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses A -Z Service, Incorporated, doing business at 2160 Harbor Boulevard; and Carol L. Boyer, doing business as La Cave Restaurant, 1695-1/2 Irvine Boulevard. WARRANTS On motion by Council Member Buffa, seconded by Vice Mayor Genis, Warrant Resolution 1491, including Payroll MOTION 9107, was approved by the following roll call vote: Warrant 1491 AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Approved Buffa, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Humphrey REJECTED CLAIMS On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 4-0, the following claims were rejected: Carlson/West Frances Carlson and Aloise West; Harrison Veronica Harrison; Martin Susan Martin; Mirafsari Azra Mirafsari; Olson Pamela Jean Olson; Seaton Margaret Rose and Kenneth Seaton; Sharp Mary Sharp; Speidel Liliane Speidel; and Weber Craig Weber. MOTION/Marcucci On motion by Council Member Buffa, seconded by Vice Application for Mayor Genis, and carried 4-0, Application for Leave to Late Claim Denied Present a Late Claim frcm.Tonya Jean Marcucci was denied. ADMINISTRATIVE Bids received for Modification to the 84 -Inch Outlet ACTIONS Structure at the Santa Ana -Delhi Channel, Upstream of Paularino Avenue, Project 91-02, are on file in the Modification of 84- Clerk's office. A motion was made by Council Member Inch Outlet Struc- Buffa, seconded by Vice Mayor Genis, to award the ture at Santa Ana- contract to R C Foster Corporation, 17861 Bishop Circle, Delhi Channel, Villa Park, for $25,635.00. The motion carried by the Project 91-02 following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, MOTION Buffa, Glasgow Awarded to NOES: COUNCIL MEMBERS: None R C Foster ABSENT: COUNCIL MEMBERS: Humphrey Budget Adjustments A motion was made by Council Member Buffa, seconded by Vice Mayor Genis, to approve the following Budget Adjustments: Budget Adjustment 91-61 for $85,000.00, to appropriate funds received from Arnel Development Company as a deposit to be held in escrow by Caltrans; Budget Adjustment 91-78 for $29,303.00, to provide additional funding for the Bicycle Trail Extension Project; Budget Adjustment 91-79 for $2,770.00, regarding fees associated with the annexation of Shiffer and Wakeham Parks to the Costa Mesa Sanitary District; and Budget Adjustment 91-82 for $100,000.00, to provide funds for the City Council -approved Park, Recreation, and Open Space Master Plan. MOTION The motion carried by the following roll call vote: Adjustments AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Approved Buffa, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Humphrey Performance Bond for The Community Services Director recommended release of Marriott Corporation the performance bond for $20,000.00 provided by The Landscape Improve- Marriott Corporation, One Marriott Drive, Washington DC ments 20058, for landscape improvements on Anton and Sakioka Drives during construction of the Marriott Hotel, corn - MOTION pleted October 12, 1989. A motion was made by Council Exoneration of Bond Member Buffa, seconded by Vice Mayor Genis, and carried Authorized 4-0, to exonerate the bond. License Agreement/ The Director of Public Services recommended renewal of Edison Company the license agreement with Southern California Edison Company, 7333 Bolsa Avenue, Westminster, for $500.00, City Bicycle Trail to allow the City bicycle trail to cross Edison Company property through April 30, 2001. On motion by Council MOTION Member Buffa, seconded by Vice Mayor Genis, renewal of Agreement Renewed the agreement was approved, and the M4yb-rand Clerk were authorized to sign on behalf of the City: The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Humphrey Notice of Completion Installation of Traffic Signal Preemption Equipment at D & V Electric Fire Stations 3 and 5, Project 90-11, was completed to the satisfaction of the Public Services Director on Traffic Signal Pre- March 22, 1991, by D & V Electric, 1446 Joann Way, emption Equipment, Pomona. On motion by Council Member Buffa, seconded by Fire Stations 3 and Vice Mayor Genis, the work was accepted; the Clerk was 5, Project 90-11 authorized to file a Notice of Completion; authorization was given to relese retention funds 35 days thereafter; MOTION the Labor and Material Bond was ordered exonerated 7 Work Accepted months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Humphrey Revision to City's On motion by Council Member Buffa, seconded by Vice Master Plan of Mayor Genis, the following actions were taken: Drainage Adopted Resolution 91-28, A RESOLUTION OF THE CITY MOTION COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING Resolution 91-28 CERTAIN FACILITIES TO THE MASTER PLAN OF DRAINAGE FOR Adopted; Funds Re- THE CITY OF COSTA MESA, AND DESIGNATING THE LOCATION leased to Kaufman THEREOF ON A PLAT MAP BEING PART OF THIS RESOLUTION; and Broad; Adjust- ment Approved Approved the release of $224,528.65 for street and storm drain improvements to Kaufman and Broad of Southern California, Incorporated, 5500 East Santa Ana Canyon Road, Anaheim; and Approved Budget Adjustment 91-83 for $149,900.00, to transfer funds to the West 18th Street Project. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Humphrey Vehicle Access to On motion by Council Member Buffa, seconded by Vice Sakioka Drive Mayor Genis, Resolution 91-29, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING MOTION VEHICLE ACCESS TO SAKIOKA DRIVE FROM A PRIVATE STREET Resolution 91-29 LOCATED ON LOT ONE OF TRACT NO. 10950, was adopted by Adopted the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Humphrey .`" i-;Jbu Class I Bikeway On motion by Council Member Buffa, seconded by Vice Reconstruction Mayor Genis, Resolution 91-30, A RESOLUTION OF THE CITY Funds COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE LANE FUNDS UNDER THE BICYCLE MOTION LANE ACCOUNT PROGRAM FOR RECONSTRUCTION OF A CLASS I Resolution 91-30 BIKEWAY, FROM CADILLAC AVENUE TO THE SANTA ANA RIVER, Adopted AND AUTHORIZING THE PUBLIC SERVICES DIRECTOR TO SIGN LOCAL AGENCY -STATE AGREEMENT NO. 8-91 FOR THIS PROJECT, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Humphrey PUBLIC HEARING On motion by Council Member Buffa, seconded by Vice Appeal of RA -90-06/ Mayor Genis, and carried 4-0, the following Public PA -90-128 Hearing was continued to May 20, 1991: Pope Family Trust Appeal of the Redevelopment Agency's denial of MOTION Redevelopment Action RA -90-06, Planning Action PA - Continued to 90-128, from Armitage Realty, Incorporated, 2900 May 20, 1991 Bristol Street, Suite E-101, Costa Mesa, authorized agent for the Pope Family Trust, 635 San Elijo Street, San Diego, for variances from front setback require- ments (20 feet required, 10 feet proposed), and from side setback requirements (15 feet required, 5 feet proposed), and Redevelopment Agency review, in con- junction with a proposed 10,200 -square -foot, one- story commercial building at 145 East 19th Street in a Cl zone. Environmental Determination: Negative Declaration. PUBLIC HEARING The Deputy Clerk announced that this was the time and Granny Units and place set for the following public hearings: Accessory Apartments Amendment to Title 13 of the Costa Mesa Municipal Code pertaining to minimum lot sizes for granny units and accessory apartments. Environmental Determination: Exempt. City Attorney's report regarding moratorium for acces- sory apartments and granny units. A communication was received from David Delman, Morrison & Foerster, Attorneys at Law, 19900 MacArthur Boulevard, Irvine, representing Jeffrey Harris, a Costa Mesa property owner, expressing opposition to the ordinance. The Senior Planner summarized staff's memorandum of April 5, 1991, and reviewed the constraints on granny units, stating there are no such restrictions on acces- sory apartments. The City Attorney reviewed his Report 91-18, Moratorium Ordinance for Interim Zoning Urgency Measures. Tom Moore, 24922 Via Santa Cruz, Mission Viejo, spoke concerning accessory apartment construction documents he prepared for a client, currently in the approval process, that would have to be completely redone if the proposed urgency ordinance were adopted. Barbara Beck Jencks, 443 Flower Street, Costa Mesa, reiterated her support of the moratorium on accessory apartments, and she urged the adoption of Draft "A". Neal Perry, 290 Magnolia Street, Costa Mesa, stated he recently constructed an accessory apartment which he does not believe to be detrimental to the neighborhood. 8_1 He stated he.has more parking with this additional unit than other houses in the neighborhood. Howard Minder, 432 East 18th Street, Costa Mesa, spoke in opposition to accessory apartments of 1,200 square feet, stating that the size of the accessory unit, in some cases, would be larger than the original house. Scott Roedans, 492 Flower Street, Costa Mesa, said he signed the petition presented by Mr. Jencks in opposi- tion to accessory units but now believes that they should be allowed. Janice Davidson,r1982 Arnold Avenue, Costa Mesa, spoke in support of the urgency ordinance to ban granny units. Jeff Hutter, 282 Esther Street, Costa Mesa, stated he had plans being processed for an accessory apartment, and he was concerned the project would not be approved. In response to a question by Vice Mayor Genis, the City Attorney reported that both urgency ordinances would affect a property owner who did not have a building permit by the effective date. Regula Britton, 420 Flower Street, Costa Mesa, opposed accessory apartments in the R1 zone. David Delman, representing Jeffrey Harris, urged the Council to reject the Draft "A" Urgency Ordinance, noting three flaws: (1) the ordinance violates State law because it effectively bans second units in single- family, residential zones; (2) the ordinance unfairly singles out individuals who have had second units in the works for months; and (3) the ordinance rests on a false premise, that being that the change in State law will cause an explosion of accessory apartments in Costa Mesa. Mr. Delman stated that the findings in the moratorium ordinance as proposed will not be sufficient to comply with the State law. Jeffrey Harris, 439 Flower Street, Costa Mesa, reported that his proposed unit has one bedroom, and another room which has one side open to be utilized as an office. The City Attorney reported that regarding the proposed moratorium, the State requirement to address the impact on housing is not stated in the relevant code section, which states the ordinance is necessary to protect the public safety, health, and welfare. He stated that the accessory units can be prohibited if the prescribed findings are made under the code, in essence that the accessory units would increase densities inconsistent with the General Plan, or that the units may impose adverse impact on the public infrastructure and facili- ties. Wendy Gustin, 477 Flower Street, Costa Mesa, expressed concern over the parking problem caused by extra people in additional units. She questioned whether granny units have kitchens; the Senior Planner responded that the units are self-sufficient and self-contained, and do include kitchens. Sid Soffer, 900 Arbor Street, Costa Mesa, stated this issue would be better handled at a town meeting, noting that time constraints limit discussion. He also noted the potential traffic and parking problems related to accessory units. Scott Laidlaw, 439 Flower Street, Costa Mesa, a renter, stated he supported integrating a limited amount of ground units into an already established community. He believed good planning provides for variety, and mixed use in a community is beneficial. Gary Robertson, Newport Beach, owner of property at 433 Flower Street, Costa Mesa, recommended the accessory units be scruitinized on a case-by-case basis. Rick Favela, 418 Broadway, Costa Mesa, expressed concern regarding the area between Tustin Avenue and Irvine Avenue, and stated the number of existing accessory structures should be taken into consideration when granting new permits. There being no other speakers, the Mayor closed the public hearing. The Senior Planner reviewed the steps of the permit process, stating that the time frame varies. The Mayor and Vice Mayor expressed concern regarding individuals who have planning approval but have not yet obtained building permits. MOTION A motion was made by Vice Mayor Genis, seconded by Urgency Ordinance Council Member Glasgow, to adopt Draft "A", Urgency 91-9 Adopted Ordinance 91-9, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING GRANNY UNITS AND ACCESSORY APARTMENTS, based on the following findings: from the moratorium ordinance, "WHEREAS, the development of granny flat units and accessory apartment units pursuant to California Government Code Sections 65852.1 and 65852.2 in single-family and multi -family residen- tial zones may cause adverse impacts on the public health, safety, and welfare, such as, the units will increase residential densities inconsistent with the City of Costa Mesa General Plan's land use designation; the units may impose significant adverse impacts on the public infrastructure and facilities; and the units may irreparably injure the single-family residential char- acter of existing residential neighborhoods in the City of Costa Mesa"; due to the limited income of seniors, and the lesser anticipated impact of seniors, it is not appropriate to extend the limits to the granny units per the proposed ordinance; accessory apartments may impose significant adverse impacts on local roadways in resi- dential areas where the Council has previously received complaints of excess traffic, and accessory apartments may impose significant adverse impact on local sewer systems that have been designed to handle sewage from single-family neighborhood; stipulating that the appli- cation of this ordinance shall exclude those units that have already been given Planning approval, and suggest- ing the following wording: "The ordinance shall apply to all accessory apartment projects which will have not received a written Planning approval from the Zoning Administrator by the close of business on April 16, 1991, for an accessory apartment". The Director of Development Services clarified that projects in the system as of 1990, were at the 640 - square -foot limitation; those that were approved will be held to that footage. He stated that two applications received since January 1, 1991, under the new law which allows up to 1,200 square feet, having been approved by the Zoning Administrator, will be issued permits. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, , Buffa, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Humphrey RECESS The Mayor declared a recess at 8:30 p.m., and the meet- ing reconvened at 8:45 p.m. PUBLIC HEARING The Deputy Clerk announced that this was the time and Transportation place set for the public hearing to consider an ordi- Demand Management nance establishing Transportation Demand Management (TDM) requirements for specified new development projects. The Principal Planner summarized staff's memorandum of April 9, 1991, with the recommendation that the City adopt Draft "A" of the proposed ordinance, the facility development standards, and not duplicate efforts of the Air Quality Management District by adopting Draft "B". A discussion ensued regarding feasibility of riding a bicycle to work and the proposed shower facilities. The City Manager clarified that under the Air Quality Management Regulations, employers with 100 or more employees are required to provide the subject facilities. Tony Petros, LSA Associates, Incorporated, One Park Plaza, Suite 500, Irvine, stated that the original legislation intends to promote alternative transporta- tion methods to include various items such as carpools, vanpools, park and ride lots, and so forth, and allows the City some flexibility. He reviewed various options. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Buffa, seconded by Vice Ordinance 91-10 Mayor Genis, Ordinance 91-10, AN ORDINANCE OF THE CITY Given First COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTAB- Reading LISHING TRANSPORTATION DEMAND MANAGEMENT (TDM) REQUIRE- MENTS FOR SPECIFIED NEW DEVELOPMENT PROJECTS, was given first reading and passed to second reading, with the following modifications: from Section 13-882, DEFINI- TIONS, deleted the definitions of Level of Service (LOS), and Peak -Period; the wording under Section 13-884, FACILITY STANDARDS, was revised as follows, "All applicable developments shall be subject to the Facility Standards as specified in this Section and shall provide one or more of the improvements identified below:"; and included recommendations from the Planning Commission detailed in the attachment, "Alternative Recommenda- tions" which was included with the Planning staff memorandum of April 9, 1991. After discussion, Vice Mayor Genis withdrew her second, and Mayor Hornbuckle seconded the motion. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Buffa, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: Humphrey PUBLIC HEARING The Deputy Clerk announced that this was the time and Household Hazar- place set for the public hearing for public review and dous Waste Element comment on the Preliminary Draft of the City of Costa Mesa Household Hazardous Waste Element. 484 The Associate Planner reviewed staff's memorandum dated April 10, 1991, stating that by adopting this element in June, 1991, the City would be supporting the County's efforts. She reported that the transfer station in Huntington Beach is located on Nichols Street south of Warner Avenue. Frank Cole, 2482 Fairview Way, Costa Mesa, suggested approval of this plan as long as there is no charge, and recommended that if the County initiates a charge, the matter should be brought back for review to determine whether the Costa Mesa Sanitary District could handle the program. There being no other speakers the Mayor closed the public hearing. Since this was a hearing for public input only, no action was required. PUBLIC HEARING The Deputy Clerk announced that this was the time and Orange County place set for the public hearing to consider amendments Hazardous Waste to the Orange County Hazardous Waste Management Plan. Management Plan Environmental Determination: Final Environmental Impact Report No. 490, certified January 25, 1989. The Associate Planner summarized staff's memorandum of April 9, 1991. Sid Soffer, 900 Arbor Street Costa Mesa, commended staff's memorandum for stating the intent of the Plan. Frank Cole, 2482 Fairview Way, Costa Mesa, commented on Page 10 of the staff report, regarding Fiscal Impact. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Genis, seconded by Resolution 91-31 Council Member Glasgow, to adopt Resolution 91-31, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, APPROVING THE AMENDMENTS TO THE COUNTY OF ORANGE HAZARDOUS WASTE MANAGEMENT PLAN, adding a sentence at the end of the paragraph starting with, "NOW, THEREFORE, BE IT RESOLVED", "The City of Costa Mesa will execute all requirements of the Plan subject to reimbursement by the State of California". The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Humphrey OLD BUSINESS On motion by Vice Mayor Genis, seconded by Council "Story" and Member Buffa, Ordinance 91-8, AN ORDINANCE OF THE CITY Accessory Struc- COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ture Definition TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING "STORY" DEFINITION AND ACCESSORY STRUCTURE STANDARDS, AND REPEALING CHAPTER XI, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa NOES: COUNCIL MEMBERS: Glasgow ABSENT: COUNCIL MEMBERS: Humphrey Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the purpose of mandating minimum footage from a main structure for an accessory building or granny flat. The J w j Director of Development Services defined an accessory structure as being detached, and explained the wording in the ordinance. OLD BUSINESS The Deputy Clerk presented from the meeting of April 1, Legal, Noncon- 1991, an ordinance requiring Conditional Use Permits forming Uses for legal, nonconforming uses. The City Attorney summarized his Report 91-19 dated April 10, 1991, and attached Reports 90-4 dated Janu- ary 30, 1991, and 91-10 dated February 27, 1991. Neal Davison, 225 Costa Mesa Street, Costa Mesa, ques- tioned Report 90-4, Page 3, Item (3), regarding commer- cial trucks parked in residential zones. The City Attorney replied that the proposed ordinance deals only with commercial and industrial property. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the same procedure will be required for the Conditional Use Permit. The City Attorney responded that the Permit would be automatic with the ordinance; however, addi- tional authority is granted to the Planning Commission to monitor problems. The Mayor directed that the ordinance be referred to the Planning Commission for study and a report. OLD BUSINESS On motion by Council Member Buffa, seconded by Vice East 19th Street Mayor Genis, and carried 4-0, the following item was continued to May 6, 1991: Communication from Jim MOTION/Continued Miller, 245 East 19th Street, Costa Mesa, on behalf of to May 6, 1991 East 19th Street residents, requesting installation of rumble strips and sidewalks. OLD BUSINESS The Deputy Clerk presented a request from Vice Mayor Exclusive Solid Genis for reconsideration of Notice of Intent Letter to Waste Franchise consider an exclusive solid waste franchise. The Vice Mayor summarized her request, suggesting that this matter be referred to a study session and that Mark Brownstein, Chairman of McDonald's Hamburgers Environmental Program, speak with the Ad Hoc Committee. She suggested informing the business community. The Mayor directed the City Manager to communicate these comments to the Committee. Neal Davison, 225 Costa Mesa Street, Costa Mesa, spoke against an exclusive solid waste franchise for Costa Mesa. He submitted his notes to the Deputy Clerk to give to the Ad Hoc Committee for consideration. NEW BUSINESS The City Manager suggested trailing the following items: Items Trailed. Revised Residential Guidelines for the Community Development Block Grant Program; Proposed Council Policy No. 000-2 concerning Commis- sions and Committees; and Proposed Council Policy No. 000-8 concerning Legis- lative Positions. RECESS The Mayor declared a recess at 10:25 p.m., and the meet- ing reconvened at 10:35 p.m. NEW BUSINESS Request to Process The Deputy Clerk presented a General Plan Amendment General Plan Amend- screening request from James Ray, to change the land use ment from James Ray designation from General Commercial to High Density Residential, for the tennis club site containing 2.5 acres, located behind the Acapulco Restaurant, 1262 Bristol Street. The Director of Development Services summarized the request, noting that this is primarily a screening request, and he presented a visual diagram of the site. John Petry, 2699 White Read, No. 150, Irvine, repre- senting James Ray, stated the requested change had been to Council previously, and he did not want to preempt the General Plan. The City Attorney noted that this request could be processed concurrently with the General Plan, and have it take affect after the General Plan is adopted. MOTION A motion was made by Mayor Hornbuckle, seconded by Application Council Member Glasgow, and carried 3-1, Council Accepted for Member Buffa voting no, to accept this application for Processing processing based on the decreasing traffic impacts as outlined in the staff report, directing staff to process the General Plan Amendment, with a decision to be made after adoption of the City's General Plan. NEW BUSINESS The Deputy Clerk presented City of Costa Mesa Water Water Use Manage- Use Management Plan for City -owned property and ment Plan facilities. MOTION/Continued On motion by Council Member Buffa, seconded by Vice to May 6, 1991 Mayor Genis, and carried 4-0, this item was continued to the meeting of May 6, 1991. NEW BUSINESS The Deputy Clerk presented a request from the Costa Mesa Senior Citizens Senior Citizens Ballroom Dancing group for financial Ballroom Dancing assistance. Group Assistance The City Manager summarized his memorandum of April 11, 1991. He stated any funds granted must comply with standard conditions for grants. Bill Bandaruk, 2448 Andover Place, Costa Mesa, related that the current financial status of the Ballroom Dancing group, stating that costs have increased over the years. He clarified that the Costa Mesa Senior Citizens Club did not support the subject group, and he named current contributors. Marie Maples, 461 Swarthmore Lane, Costa Mesa, spoke in support of the request. Vice Mayor Genis requested that a complete application be supplied on any future requests for funds. MOTION A motion was made by Council Member Buffa, seconded by Funds Allocated Council Member Glasgow, to allocate $2,500.00 to the Senior Citizens Ballroom Dancing group to be paid on a monthly basis, subsequent to a bill from the Costa Mesa Women's Club for the cost of all rentals for this group; with the funds to be taken from the Advertising and Promotional Account if available, and if not, from the Council Contingency Account. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Humphrey 1 jot NEW BUSINESS The Mayor trailed the following item: Request from Downtown Merchants Costa Mesa Downtown Merchants Association for financial Request Trailed assistance, and temporary relief from banner regulations. NEW BUSINESS The Deputy Clerk presented a request from 600 Anton Bristol Street Boulevard Associates, 3315 Fairview Road, Costa Mesa, Pedestrian Over- for trip fee credit for the pedestrian overcrossing on crossing . Bristol Street between Anton Boulevard and Town Center Drive. The Director of Public Services summarized staff's memorandum dated April 9, 1991, noting a correction on Page 95,,Exhibit 10, Table 2,..Future Conditions, Bristol Street/Anton Boulevard•, PM, the' -0.98/E and 0.95/E were reversed-.'`� � He stated that .•the- .ICU. figures contained in the General Plan do not take into'consideration any pedestrian movement. A discussion ensued regarding the criteria for deter- mining trip fees. Malcolm Ross, representing 600"Anton Boulevard Asso- ciates, 3315 Fairview Road, Costa Mesa, commented on the Anton/Bristol intersection. .'He presented a slide showing the proposed pedestrian.overcrossing. He stated there will be more pedestrian movement, and the bridge will be of great benefit in the future. He stated the greenspace would be redesigned, and all pathways will be aimed to ease pedestrian movement across the bridge. Paul Wilkinson, of Linscott, Law & Greenspan, Engineers, 1580 Corporate Drive, Suite 122, Costa Mesa, summarized the work accomplished to date with staff, and noted the potential benefits relative to the proposed over - crossing. Frank Cole, 2482 Fairview Way, Costa Mesa, spoke against placing a pedestrian crossing in the middle of a block. He supported the pedestrian overcrossing as a means to provide a measure of safety, stating it would do much for the flow in the area, now and in the future. Motion Died for The motion made by Council Member Buffa to proceed with Lack of a Second the interaction between staff and the applicant for the development of the pedestrian bridge and to direct staff to credit a figure not to exceed $1,500,000.00 for the pedestrian overcrossing against the traffic mitigation fees that were levied against Plaza Tower, died for lack of a second. Motion Failed A motion was made by Vice Mayor Genis, seconded by Mayor to Carry Hornbuckle, to defer action until the General Plan is finalized, and at that time reexamine the fee program to see where costs are greater than anticipated, and to possibly adjust development levels, and to consider retroactive credit for the bridge against development fees, if appropriate. The motion failed to carry, 2-2, Council Members Buffa and Glasgow voting no. Substitute Motion A motion was made by Council Member Glasgow, seconded by Failed to Carry Vice Mayor Genis, to support the bridge in concept, but not credit the construction costs frcm the trip fee funds. The motion failed to carry 2-2, Council Members Hornbuckle and Buffa voting no. Since no decision was reached, the Mayor advised Mr. Ross that he could present his request at another time. Council Member Buffa requested staff to check with the City of Los Angeles on the daily usage of the pedestrian bridge over the Avenue of the Arts in Century City. ADJOURNMENT At 12:55 a.m., the Mayor adjourned the meeting to Tues- day, April 16, 1991, at 6:00 p.m., to complete the remaining items on the Agenda. Mayor of he City of Costa Mesa ATTEST: C ty Clerk of the City of Costaa