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HomeMy WebLinkAbout10/05/1992 - City Councile REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 5, 1992 The City Council of the City of Costa Mesa, California, met in regular session October 5, 1992, 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 Cliff Rapp, Orange Coast Free Methodist Church. ROLL CALL Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buffa Council Member Jay Humphrey Council Member Joe Erickson Council Members Absent: None Officials Present: City Manager Allan Roeder Assistant City Attorney Jerry Scheer Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris City Clerk Eileen Phinney MINUTES On motion by Council Member Buffa, seconded by Council Member September 21, 1992 Humphrey, and carried 5-0, the minutes of the regular meeting of September 21, 1992, were approved as distributed. ORDINANCES A motion was made by Council Niem. ber Buffa, seconded by Council Member Humphrey, and carried 5-0; J6- read all ordinances by title only. PROCLAMATION ;Mayor Hornbuckle read. A'-. ` proclamation declaring the week of "Fire Prevention October 4 through 10, .1992, as "Fire _Prevention Week", and the Week" document was presented to Jim Reed, Fire Chief, who accepted on behalf of the Costa Mesa Fire Department. Chief Reed announced that an open house is being held Saturday, October 10, 1992, from 10:00 a.m. to 2:00 p.m., at the Royal Palm Fire Station. PRESENTATION The Mayor read certificates of appreciation for acts of kindness and help to fellow citizens which were presented to Kari Richards; Tim , O'Nan; Arlene Schaefer, representing Mesa Pride; and Gladys Brown and Martha Bloomberg, representing College Hospital Auxiliary. ORAL COMMUNI- Robert Graham, 2865 Chios Road, Costa Mesa, inquired if a CATIONS completion date for the bicycle trail adjacent to the Corporation yard Corporation Yard was available. The Public Services Director responded that Bicycle Trail negotiations with homeowners are in progress for removal of the walls, design is being completed, and the funding has been allocated from County grants. Mayor Hornbuckle requested that Mr. Graham be notified of a projected date. 1 Voter Registration Nancy Palme, 1997 Kornat Drive, Costa Mesa, pointed out that October 5th is the last day to register to vote, and she brought registration cards to be filled out and taken to the main post office Harvest Festival on Sunflower Avenue before midnight. Ms. Palme reported on the Harvest Festival in the city of Irvine which was held this past weekend and complimented the sponsors on the special treatment of handicapped children. Drug Problems Sid Soffer, 900 Arbor Street, Costa Mesa, commented on drug problems in Orange County and stated that the biggest users are Property Complaints doctors. In regard to his 540 Bernard Street property, he stated that in February, 1992, 'he filed over 100 complaints for properties in similar situations; and to date, no action has been taken. The City Manager stated that he will provide a current status report on these items;. however, he noted that it is a waste of time and money to pursue this- exercise. "Buy Costa Mesa" Malcolm Dunn, 2266 Heritage Drive, Costa Mesa, commended Campaign Council on the "Buy Costa Mesa" campaign. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 8, Claim from Peter Ebus; Item 17, Bid Item No. 945, Refuse Removal Services; and Item 20, Resolution approving Planning Action PA -90-55A for "Niketown" signage at 1875-B Newport Boulevard. On motion by Council Member Buffa, seconded by Vice Mayor Genis, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None READING FOLDER On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Wayne A. Ambrose; Eddie Eader; Chuck Fry; and Thomas L. and Barbara C. Schworer. Alcoholic Alcoholic Beverage License for which parking- has been approved Beverage by the Planning staff: Western Food and Beverage, Incorporated, License doing business at 1579 Sunland Lane. Workers Compensa- Resolution from the City of Seal Beach supporting the Governor's tion Laws position on the reform of workers compensation laws in the State of California. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose was Knights of Columbus received from Knights of Columbus, 270 Robin Hood Lane, Costa Mesa, by soliciting funds from October 16, 1992, through October MOTION 24, 1992. On motion by Council Member Buffa, seconded by Vice Permit Approved Mayor Genis, and carried 5-0, the permit was approved pursuant to Municipal Code Section 9-229. SET FOR PUBLIC On motion by Council Member Buffa, seconded by Vice Mayor HEARING Genis, Resolution 92-84, A RESOLUTION OF THE CITY Abandonment at 1893 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Orange Avenue DECLARING ITS INTENTION TO ORDER THE VACATION OF 10 FEET OF PROPERTY AT 1893 ORANGE AVENUE, i MOTION setting a public hearing on November -2, 1992, at 6:30 p.m., in the Resolution 92-84 Council Chambers of City Hall, was adopted by the following roll Adopted Setting a call vote: Hearing on AYES: Hornbuckle, Genis, Buffa, November 2, 1992 ! Humphrey, Erickson NOES: None ABSENT: None WARRANTS On motion by Council Member Buffa, seconded by Vice Mayor ;Gens, Warrant Resolution 1529 for: $2,664,942.62, and Payroll MOTION 9219 for $1,296,228.45, were approved by the following roll call Warrant 1529 and .vote: Payroll 9219 AYES: Hornbuckle, Genis, Buffa, Approved Humphrey, Erickson -NOES: ' None ABSENT: None REJECTED CLAIMS On motion by Council Member Buffa, seconded by Vice Mayor !Gens, and carried 5-0, the following claims were rejected: i Anderson Charity Anderson (injury to concert -goer at Pacific Amphitheatre). Bird Rhonda Bird (traffic accident turning into Orange County Fair). Cartwright Gerald Cartwright (alleged dangerous/defective road design). Enriquez Kristine Enriquez (damage to residence due to construction activity). Hollister ; Donna Hollister (sidewalk trip and fall). Lee I Michael John Lee (solo bicycle accident). Pon Jessica Pon (vehicle damage at roadway construction site). i Reaves Nancy Reaves (sidewalk trip and fall). Rivera Damian Rivera (injury to student at Wilson School). Suetz James Andrew Suetz (alleged violation of civil rights). Zahabi Moe Zahabi (vehicle collision due to traffic signal outage). ADMINISTRATIVE ! Completion of voluntary street and parkway improvements at 2672 ACTIONS Newport Boulevard, Costa Mesa, 264 feet to 396 feet south of Mesa Improvements at 2672 Drive, by Frank C. Yalmer, same address, were completed to the Newport Boulevard; satisfaction of the Public Services Director on September 8, 1992. Palmer On motion by Council Member Buffa, seconded by Vice Mayor Gens, the improvements were accepted, and Savings Passbook No. MOTION 108671-75006, in theamount of $25,100.81, was exonerated. The Improvements motion carried by the following roll call vote: Accepted AYES: Hornbuckle, Gens, Buffa, Humphrey, Erickson NOES: None ABSENT:. None Agreement with The Public Services Director recommended approval of an Orange County Flood agreement with Orange County Flood Control District, Post Office Control District Box 4106, Santa Ana, and an easement deed, for acquisition of right-of-way at Fairview Road and Baker Street, Parcel No. 6. On Fairview and Baker motion by Council Member Buffa, seconded by Vice Mayor Genis, Right -of -Way the agreement and easement were approved, and the Mayor and City Clerk were authorized to sign on behalf of the City. The motion MOTION carried by the following roll call vote: Agreement and Ease- AYES: Hornbuckle, Genis, Buffa, ment Deed Approved Humphrey, Erickson NOES: None ABSENT: None Claim from Peter Item 8 on the Consent Calendar was presented: Claim from Peter Ebus Ebus regarding a police unit running over his suitcase. On motion by Mayor Hornbuckle, seconded by Council Member Humphrey, MOTION payment of the claim was approved by the following roll call vote: Payment Approved AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Bid Item 945 Item 17 on the Consent Calendar was presented: Bid Item No. 945, Refuse Removal Refuse Removal Services. Council Member Buffa expressed Services concern regarding this item, stating that these services could potentially be obtained at no charge in connection with Assembly MOTION Bill 939. On motion by Council Member Buffa, seconded by All Bids Rejected Council Member Humphrey, and carried 5-0, all bids were rejected. Vice Mayor Genis stated she did support the motion but voiced concern that action be taken in an expedient manner to assure the services to be provided under this proposal will be provided for the City. PA -90 -SSA Item 20 on the Consent Calendar was presented: Resolution Triangle Square approving Planning Action PA -90-55A, for an amendment to the Signage for Niketown Triangle Square Planned Signing Program for "Niketown" signage at 1875-B Newport Boulevard. On motion by Council Member MOTION Buffa, seconded by Council Member Erickson, Resolution 92-85, A Resolution 92-85 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Adopted COSTA MESA, CALIFORNIA, APPROVING PLANNING .ACTION PA -90-55A, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Erickson NOES: Humphrey ABSENT: None PUBLIC HEARING The City Clerk announced the public hearing, continued from the Appeal of PA -92-64 meeting of September 21, 1992, to consider an appeal of the Howe/Tower Records Planning Commission's denial of Planning Action PA -92-64 from Ripley M. Howe, representing Tower Records/Video, 1726 Superior Avenue, Costa Mesa, for a sign variance to allow a change of copy on an existing nonconforming ground sign that exceeds allowable height (7 feet allowed, 25 feet proposed), and area requirements (15 square feet allowed, 75 square feet proposed) located at the above address in a C1 zone. Environmental Determination: Exempt. Communications in support of the proposed sign were received from Ripley M. Howe, General Manager, Tower Records/Video; Randy J. Garell, President, The Grant Boys, 1750 Newport Boulevard, Costa Mesa; John D. Hardaway, General Manager, Ramada Limited, 1680 Superior Avenue, Costa Mesa; and Alan Greeley, Chef/Owner, The Golden Truffle, 1767 Newport Boulevard, Costa Mesa. The Deputy City Manager/Development Services reviewed the Agenda Report dated September 29, 1992, and presented the site plan for the property and color photographs illustrating the signage problem. He stated that the sign could be legal elsewhere in the 452 City because it is within the sign code height, depending upon sufficient street frontage and setback, so approving the proposed sign would not set a precedent. Ripley M. Howe, 131 East 18th Street, Costa Mesa, General Manager of Tower Records/Video, said that he lived on East 18th Street and many people in the neighborhood do not know that the store exists. He stated that the store cannot be seen when walking or driving south on Newport Boulevard, and having the address on the sign would alert people that Superior Avenue was upcoming. He noted that the topography, especially reduced elevation, and geometry and construction of the building would be the requisite special circumstances for granting approval of the sign. Bruce Monighan, Monighan Associates Architects, representing Tower Records/Video, 710 12th Street, Sacramento, presented photographs and site plans. He stated that the proposed sign presents a problem because of the location and size of the existing building which creates the need for the variance; and had the building been moved, redesigned or in any other way changed, circumstances as related to setbacks would have been entirely different. He pointed out that a benefit of the sign would be the directing of Newport Boulevard southbound traffic onto Superior Avenue instead of onto the already overcrowded 17th Street. He addressed the question of whether the sign would impact the neighboring residential area by describing the sign as internally illuminated with fluorescent bulbs which is similar to other signs located on the street. In summation, he reported that there is substantial community support, including support from the Downtown Merchants Association, regarding the proposed sign. ANNOUNCEMENT Mayor Hornbuckle welcomed Cub Scout Troop No. 373 and former Mayor Ed McFarland and his wife, Pat. Sid Soffer, 900 Arbor'Street, Costa Mesa, compared the sign being requested to that of the recently approved "Niketown" sign and suggested that the City encourage businesses to come to Costa Mesa. Nancy Palme, 1997 Kornat Drive, Costa Mesa, stated that signs were necessary to attract business but service was essential for a business to be successful. She suggested an alternative type of signage which would be closer to Newport Boulevard and more Visible to persons traveling southbound. John Hardaway, 3498 Sterling Drive, Corona, General Manager, Ramada Limited, reported that the Ramada Inn at 1680 Superior Avenue is experiencing similar problems to that of Tower Records as the building is set down, away from Newport Boulevard, cannot be seen, and the signage is of no value. He stated that close to one million dollars was spent renovating a distressed business and thousands more spent on signage which is not visible on the , Newport Boulevard side because of trees. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Buffa, seconded by Council Planning Action Member Erickson, and carried 5-0, to reverse the denial of the PA -92-64 Approved Planning Commission, and approve Planning Action PA -92-64 in perpetuity, as long as the existing building remains on the site, based on finding that this is a highly irregular shaped lot, and the building is significantly below grade; with additional findings that since the proposed signage is less than permitted by code, it would be legal elsewhere on lots with considerably greater street frontage; and site identification is difficult due to the position of the lot as it relates to Newport Boulevard,, including the additional burden of trees that are in place on the CalTrans property. The Deputy City Manager/Development Services stated that the resolution reflecting the above action would be presented for adoption on October 19, 1992; however, the applicant may proceed on this project immediately. PUBLIC HEARING The City Clerk announced that this was the time and place set for Encroachment the public hearing to consider an ordinance amending Titles 13 and Permits 15 of the Costa Mesa Municipal Code regarding Encroachment Permits. The Affidavit of Publishing is on file in the City Clerk's office. No communications were received. The Deputy City Manager/Development-. Services summarized the Agenda Report dated September 24, 1992. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned several proposed changes to the subject ordinance, and the Deputy City Manager/Development Services explained that the changes would incorporate transferring Development Services Director authority to the Public Services Director and revocation authority from the Planning Commission to the Public Services Director. He further explained that the appeal process would proceed from the Public Services Director, to the City Manager, then to the City Council. Mr. Soffer stated that he was concerned that proper notice be given and that a proper hearing be held. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Erickson, seconded by Council Ordinance 92-19 Member Humphrey, Ordinance 92-19, AN ORDINANCE OF THE Given First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 AND 15 OF THE COSTA MESA MUNICIPAL CODE REGARDING ENCROACHMENT PERMITS, modifying Section 15-13.10 to transfer revocation authority -for encroachment permits to the Public Services Director, and modifying Subsection 10 in accordance with the Agenda Report dated September 24, 1992, was given first reading and passed to second reading by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None PUBLIC HEARING The City Clerk announced that this was the time and place set for R-92-04 the public hearing to consider Rezone Petition R-92-04, City of City of Costa Mesa Costa Mesa, to rezone certain parcels in Planning Area No. 2, to bring the zoning into conformance with the 1990 General Plan. Environmental Determination: Environmental Impact Report (EIR) No. 1044 adopted for the 1990 General Plan. The Affidavit of Publishing is on file in the City Clerk's office. The Deputy City Manager/Development Services reviewed the four sites under consideration, and showed visual illustrations. Vice Mayor Genis announced she would abstain from voting on the parcels included in Site A because of their proximity to her residence. Andy Gall, 1106 Mission Drive, Costa Mesa, owner of a four-plex apartment on Peppertree Lane, spoke in opposition to the rezone, stating that he had purchased the building for his retirement and the rezone would reduce his investment by at least 25 percent. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the notification required for this type of rezoning. The Deputy City Manager/Development Services clarified that notices had. been sent to the legal owners of the property as listed in Table A, Page 34, of the Agenda Report. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Erickson, seconded by Council Ordinance 92-20 Member Humphrey,, Ordinance 92-20, AN ORDINANCE 'OF Given First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF SITES B, C, AND D IN REZONE PETITION R-92-04, LOCATED IN GENERAL PLAN PLANNING AREA NUMBER TWO, TO ZONING CONSISTENT WITH THE 1990 GENERAL PLAN, was given first .reading and passed to second reading by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None MOTION On motion by Council Member Erickson, seconded by Council Ordinance 92-21 Member Humphrey, Ordinance 92-21, AN ORDINANCE OF Given First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF SITE A IN REZONE PETITION R-92-04, LOCATED IN GENERAL PLAN PLANNING AREA NUMBER TWO, TO ZONING CONSISTENT WITH THE 1990 GENERAL PLAN, was given first reading and passed to second reading by the following roll call vote: AYES: Hornbuckle, Buffa, Humphrey, Erickson NOES: None ABSENT: None ABSTAIN: Genis i PUBLIC HEARING The City Clerk announced that this was the time and place set for Appeal of DR -92-18 the public hearing to consider an appeal of the Planning Schwarz Commission's denial of Development Review DR -92-18, from Robin Schwarz, 695 Center Street, Costa Mesa, to construct a garage with a basement and recreation room at the above address in an R2 zone. Environmental Determination: Exempt. The Affidavit of mailing is on file in the City Clerk's office. Communications were received from Kristen Van Allen and Jerry Rash, 691 Center Street, Costa Mesa, expressing opposition to the appeal; and Robin Schwarz, the applicant, requesting a continuance to October 19, 1992. MOTION On motion by Council Member Humphrey, seconded by Council Continued to Member Erickson, and carried 5-0, this item was continued to the October 19, 1992 ! Council meeting of October 19, 1992. Jerry Rash stated that he had not been notified when Mr. Schwarz first went before the Planning Commission. PUBLIC HEARING On motion by Council Member Humphrey, seconded by Council Appeal of Member Buffa, and carried 5-0, the following public hearing was PA -92-56 (RA -92-10) continued to the Council meeting of November 2, 1992: Application Barba/Siler from Paul J. Barba, Attorney at Law, 17291 Irvine Boulevard, Suite 315, Tustin, for Rosemary Siler, 12571 Cloudesly Drive, San MOTION _ Diego, appealing the Planning Commission's approval of Planning Continued to Action PA -92-56 (Redevelopment Action RA -92-10), Linda Horton, November 2, 1992 160 Centennial Way; No. .8, Tustin, authorized agent for Pope Family Trust, 4201 Long Beach Boulevard, No. 306, Long Beach, for Conditional Use Permits for a restaurant with seating for more than 12 in an existing commercial building with full alcoholic beverage service, within 200 feet of residentially zoned property; and for a deviation from shared parking study, located at 145 East 19th Street, Suite B-4, in a CL -P zone. Environmental Determination: Exempt. OLD BUSINESS The City Clerk presented from the meeting of September 8, 1992, PA -92-45 Planning Action PA -92-45, Craig Combs Associates, 1535 Monrovia Combs/Lucas Devel- Avenue, Newport Beach, authorized agent for Lucas Development opment Company, 1451 Quail Street, Suite 200, Newport Beach, for a Conditional Use Permit to amend a Planned Development to cover existing open spaces, with a variance from perimeter setback requirements (25 feet required; 5 feet existing; 4 inches proposed), for the structures to encroach into the existing setback area at 550 Paularino Avenue. Environmental Determination: Exempt. The Deputy City Manager/Development Services summarized the Agenda Report dated September 29, 1992, explaining that this was not an appeal but the second hearing required under the PDR zone application. Vice Mayor Genis stated for the public record that although she had abstained on the previous action regarding this item; she had been advised by the City Attorney that there is no longer a conflict of interest, and she would be participating in the vote. MOTION Since the applicant was not in attendance, a motion was made by Continued to Council Member Buffa, seconded by Council Member Erickson, and October 19, 1992 carred '5-0, to continue this item to the Council meeting of October 19, 1992. Mayor Hornbuckle asked the Deputy City Manager/Development Services to advise the applicant that this item will be heard at the October 19, 1992, meeting, whether he is present or not. RECESS The Mayor declared a recess at 8:25 p. m., and the meeting reconvened at 8:35 p.m. OLD BUSINESS The City Clerk presented from the. meeting of September 21, 1992, Business Round the request from the Costa Mesa Chamber of Commerce and Table Meetings Southern California Edison Company for endorsement of business round table meetings. The City Manager reviewed the Agenda Report dated September 29, 1992, and suggested that the Council Members rotate with two members participating per meeting. Sid Soffer, 900 Arbor Street, Costa Mesa, referring to the Brown Act, questioned the legality of more than 2 Council members attending a meeting at the same time where decisions are made. Charles Wilson, Southern California Edison Company, 7333 Bolsa Avenue, Westminster, stated that the initial concept is a framework to discuss issues of relative importance to the business community and the City. 43 450 MOTION A motion was made by Council Member Humphrey, seconded by City Participation Council Member Buffa, and carried 5-0, to approve the City's Approved participation in the business round table meetings, two Council Members to attend each meeting on a rotational basis, with one to two members of City staff also present. OLD BUSINESS The City Clerk presented from the meeting of September 21, 1992, Baker Street Bus a request from the Sommerset Citihomes Homeowners Association Turn -Outs for further consideration of the proposed bus turn -outs on Baker Street adjacent to their property. A communication was received from Jeffrey M. Hylton, Attorney at Law, Hickey and Neuland, 24031 El Toro Road, Suite 250, Laguna Hills, representing the homeowners association, stating their opposition to the proposed bus turn -outs. The Public Services Director gave a brief overview of the project, stating that staff is now recommending exclusion of the two turn -outs located in front of Sommerset Citihomes noting that the traffic on Baker Street could accommodate the deletion of the turn- outs without significant delay times. He stated that as development occurs and Baker Street begins to approach its full projected potential as indicated in the General Plan that ultimately there may be a need to review the bus turn -out issue. Gayle Hobson -Lewis, 1015 West 18th Street, Santa Ana, Vice President, Sommerset Citihomes Homeowners Association, commented that proper notification had not been made when the bus turn -outs were first discussed, and stated that the installation of the turn -outs would greatly affect property values. MOTION On motion by Council Member Humphrey, seconded by Council Two Turn -outs Member Buffa, and carried 5-0, the two bus turn -outs in front of Excluded from Sommerset Citihomes were excluded from the scope of the project Project in this segment, retaining the option for future consideration when traffic demands are greater. OLD BUSINESS The City Clerk presented from the meeting of September 21, 1992, GPA for J. Ray a request from J. Ray Development, 2699 White Road, Suite 150, Development Irvine, to process a General Plan Amendment for a portion of the Santa Ana -Delhi Flood Control Channel property adjacent to 1262 Bristol Street (Acapulco Restaurant). The Deputy City Manager/Development Services reviewed the Agenda Report dated September 29, 1992. James W. Ray, the applicant, reported that he is in the process of acquiring property which would subsequently be covered and converted to additional parking for the commercial property at 1262 Bristol Street, or used for recreational purposes; however, the property does not have a specific General Plan land use designation, hence the request for a General Plan Amendment to designate the property as General Commercial. He stated that the development, even considering a potential build -out in the area, would not have an adverse affect on traffic on Bristol Street nor on any of the nearby intersections. He itemized the following points in favor of this application: (1) Whatever is built on the deck, a parking lot or some other recreational use, it would be developed with all of the City standards in mind, and would be more attractive than the undeveloped "concrete gash"; (2) This property would be consolidated with his 3-1/2 acres of property to the west, making a larger parcel which allows for increased planning alternatives; (3) The use would create sales tax revenues for the City; and (4) There should be no noise or visual pollution to adjacent properties. Regarding the single-family residences that abut the tennis club site, Vice Mayor Genis expressed concern that by adding the Flood Control District as a designated site for commercial development that the land use entitlement is increased for that overall parcel and would allow for more intensity of development on the remaining portion of the site. Mr. -Ray indicated that he would definitely consider options and buffers to protect the single-family residences. MOTION On motion -by -'Council Member Erickson, seconded by Vice Mayor Approved GPA Genis, and carried 5-0, the General Plan Amendment was approved for Processing for processing, with the understanding there is no firm commitment on the part of -the City to eventually approve the GPA. Vice Mayor Genis requested that the following be considered: (1) Adequate buffering of the single-family residences; (2) Additional traffic that would be generated by the additional land use entitle- ment; and (3) The possibility of a bikeway along the channel right- of-way which could be included in the Master Plan of Bikeways. OLD BUSINESS The City Clerk presented Ordinance 92-17 for second reading and R-92-03 adoption, concerning Rezone Petition R-92-03 for zoning consistency City of Costa Mesa with the 1990 General Plan. On motion by Council Member Buffa, seconded by Council Member Humphrey, Ordinance 92-17, AN MOTION ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Ordinance 92-17 COSTA MESA, CALIFORNIA, CHANGING THE ZONING Adopted OF PROPERTIES LOCATED IN GENERAL PLAN PLANNING AREA NUMBERS FIVE AND SIX TO ZONING CONSISTENT WITH THE 1990 GENERAL PLAN AND AS MORE FULLY DESCRIBED UNDER REZONE PETITION R-92-03, was given second reading and adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None OLD BUSINESS The City Clerk presented Ordinance 92-18 for second reading and Conflict of Interest adoption, concerning the conflict of interest code. Code Sid Soffer, 900 Arbor Street, Costa Mesa, referring to Exhibit A of the proposed ordinance, questioned the City Clerk's Department designating "2, 3, & 4" under the Deputy City Clerk "Reporting Category". The Vice Mayor clarified that there are various reporting categories reflecting financial interest on the conflict of interest form, and there are different reporting requirements for each position. MOTION On motion by Council Member Humphrey, seconded by Vice Mayor Ordinance 92-1.8 Genis, Ordinance 92-18, AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING EXHIBIT A TO COSTA MESA MUNICIPAL CODE SECTION 2-402 RELATING TO THE CONFLICT OF INTEREST CODE, was given second reading and adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None 457 458 NEW BUSINESS East 19th Street Sidewalk Construction Project 92-09 I The City Clerk presented East 19th Street Sidewalk Construction from Fullerton Avenue to Irvine Avenue, Project 92-09: (a) If resident requests are approved, authorize staff to negotiate -and execute a change order in an amount not to exceed $21,000.00 to implement said revisions; or (b) If not approved for City funding, authorize approval of resident requested design changes if the homeowner is willing to pay for the improvements beyond those proposed by the'City. j(c) Allow encroaching structures within the right-of-way, not in conflict with the construction of sidewalks, to remain, and authorize staff to work with these homeowners to bring the situation into compliance with City ordinance. j (d) Authorize staff to notify all homeowners desiring to leave improvements within the public right-of-way, such as water fountains, clocks, fences, etc., of the potential liability. (e) Authorize the removal and replacement of trees at 257, 3111 440, 406, 453, and 490 East 19th Street. The Public Services Director reviewed the Agenda Report dated September 28; 1992, stating that regarding the change order required Ito satisfy, residents as listed in Sections (a) and (b) above are alternative suggestions. He reported that the construction period would be approximately 90 calendar days; however, the holidays might interfere at this point. He stated that the sidewalk was designed to accommodate all the governmental handicap requirements. Marguerite Mamishian, 16 Pebblewood Drive, Irvine, owner of property at 352 East 19th Street, expressed concern that the impending construction affects her property and requested that a City representative take a look at the problem. The Mayor suggested that a member of the Public Services staff could oblige. Bob Hoffman, 360 East 19th Street, Costa Mesa, stated that he supported (a) above and that the $21,000.00 is not actually an added cost because the scope of the project should include the Americans with Disabilities Act. He suggested that the driveway curb modifications be included in the project scope for the following reasons: (1) The curb and gutter modifications are directly related to sidewalk installation to accommodate the State's handicap criteria; and (2) The additional cost is less than 10 percent of the originally estimated $225,000.00 for the project. Bruce Jones, 355 East 19th Street, Costa Mesa, indicated that his fence on Raymond Avenue and 19th Street will need to be removed because of the sidewalk installation, stating that it is composed of brick pilasters which are three feet into the ground with concrete and steel reinforcement and will require a crane for removal. Vice Mayor Genis addressed the subject of allowed encroachments into the public right-of-way as it appears the City could be incurring substantial liability in 'some cases and she suggested being stricter on the types of encroachments and the permanence of same. i 1 Diann Osterlund, 329 East 19th Street, Costa Mesa, stated she had originally thought the sidewalk would follow the curb by the street and was surprised by the sidewalk "flare" required to meet the handicap requirements. MOTION On motion . by Council Member Humphrey, seconded by Council Awarded to Five and Member Buffa, the contract was awarded to Five and Two Construc- Two Construction; tion Corporation (FTC), .1581 Wedgewood Lane, La Habra, for (a), (c), (d), and $146,632.50; Items (a), (c), (d), and (e) were approved; and auto - (e) Approved matic award of the contract to the second lowest bidder was authorized should Five and Two not comply with all contract requirements. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None NEW BUSINESS The City Clerk presented the City Attorney's Report No. 92-51A Towing Services regarding a proposed ordinance amending Sections 9-271, 9-279, 9 - and Charges 282, 9-283, and 9-284, of the Costa Mesa Municipal Code relating to towing services and charges. The Assistant City Attorney summarized the proposed ordinance. Mayor Hornbuckle pointed out that on Page 4 of the ordinance, Section 6, (e), the second to last underlined line should read "from private property or to the person owning such...". Captain Dave Brooks, Costa Mesa Police Department, responded to a question from the Vice Mayor regarding property owners designating a tow company to automatically clear vehicles from the fire lanes by explaining that it would give the tow truck driver the authority to determine who is illegally parked. He stated there is a policy that the property manager/owner is required to fill out forms and provide them to the Police Department within a half hour of the event. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the intent of California Vehicle Code Section 22658 is for the property owner to report the vehicle to be towed, and he questioned why the City would be involved as it should be between the property. owner, the tow company, and the vehicle owner. Jody Campbell, 964 West 17th Street, Costa Mesa, principal, Rushco Enterprises, owner of Harbor Towing, which, along with G & W Towing, are the official police towers for the City, clarified that a towing company can tow from a fire lane without an authorized property owner or agent present provided they take two pictures of the car. He suggested changes to Page 3, Section 4 of the ordinance, revising the underlined section at the bottom of the page to read, "Said policy of insurance shall be executed by an insurance company licensed by the California Department of Insurance to do business in California" which would provide the maximum liability protection for the City. Regarding Page 4, Section 5, Paragraph (2), he suggested defining "or a reasonable distance from the City" to pinpoint what is actually "reasonable". Wayne Miller, representing G & W Towing, 965 West 18th Street, Costa Mesa, stated he supported the City's and the Police Department's action in attempting to curtail problems with tow operators within the City, and also stated that the "reasonable distance" issue needed to be more accurately defined. =460 MOTION On motion by Council Member Erickson, seconded by Vice Mayor Continued to Genis, and carried 5-0, this item was continued to the meeting of October 19, 1992 October 19, 1992, to allow time for staff to meet with the towing operators to work out the minor differences in the ordinance. Vice Mayor Genis stated that she would like to see the following issues addressed at the upcoming meetings: (1) Fire lanes; and (2) Towing companies that operate within the City having business licenses. RECESS The Mayor declared a recess at 10:45 p.m., and the meeting reconvened at 10:55 p.m. NEW BUSINESS The City Clerk presented a request from the Human Relations Human Relations Committee for consideration of establishing a Community Quilt Committee Program and City support of a Goodwill trip. Rick Pickering, Community Quilt Assistant to the City Manager, reviewed the Agenda Report dated Program and September 29, 1992. Karen McGlinn, chairperson, Human Goodwill Trip Relations Committee, commented that the community quilt would reflect the diversity, interest, heritage, and history of Costa Mesa, and anyone is invited to participate. Mayor Hornbuckle commended Lance Jencks for originating the community quilt idea. MOTION A motion was made by Council Member Humphrey, seconded by Quilt Program Council Member Erickson, and carried 5-0, to approve and support Approved the establishment of a community quilt program as in the Agenda Report dated September 29, 1992. Council Member Buffa suggested that the goodwill trip be referred back to the committee for further investigation. CITY ATTORNEY The City Clerk presented City Attorney's Report No. 92-10A REPORT regarding the California Integrated Waste Management Act of 1989 AB 939, Integrated (Assembly Bill 939). The Assistant City Attorney stated that there Waste Management is no action required on this item, receive and file only. Madeline Arakelian, South Coast Refuse Corporation and Integrated Recycling Systems, 2021 Business Center Drive, Irvine, encouraged open competition for commercial and residential trash hauling. She stated she would like to participate in the next study session on this subject, and was advised to leave her number with the Public Services Director for such notification. Delores Otting, 5 Star Rubbish Service, 2130 Canyon Drive, Costa Mesa, reviewed her concerns regarding a proposed ordinance pertaining to franchises for refuse collection, and stated she would like to form a recycling venture with the City. CITY ATTORNEY The City Clerk presented City Attorney's Report No. 92-63 REPORT regarding the West Side Costa Mesa Police Department Substation. West Side Police The Deputy City Attorney stated this was also a "receive and file" Substation item. Council Member Buffa asked about the Building Department file that had been lost. The Deputy City Manager/Development Services responded that this was an unusual occurrence and it had been determined that this occurrence was more than likely a theft. Sid Soffer, 900 Arbor Street, Costa Mesa, commented on the disappearance of the West Side Police Substation file questioning whether it was actually a "theft", and stating that he did not believe there ever was a building permit in the file. He reviewed in detail the charges against him that led up to a jail sentence, specifically 1 building without a permit at 540 Bernard Street. He asked that someone in the City admit that he did not do the construction, or show proof that he did. The City Manager suggested a walk- through of the property to ascertain what it would take to bring the subject units into compliance. The Assistant City Attorney stated this complaint is on appeal and is in litigation, and there may be restraints on the propriety of responding to these matters until the appeal process is completed. The Mayor requested the City COUNCIL Council Member Erickson commented that he attended the working COMMENTS group for John Wayne Airport, and in the July report, it was Flights over reported that there were -many flights over the western side of the Costa Mesa bay which includes Costa Mesa. He stated he was disappointed because the "crack -down" on unlicensed street vendors did not take Street Vendors place, and he supported proceeding to ensure that all vendors have a business license. He noted that the festival held at Lions Park was Lions Park Festival very successful. Airport Group Vice Mayor Genis stated it might be worthwhile to actively participate in the airport group because flights seem to have been Committee Expenses rerouted, elevations have changed, and so forth. She stated that the Child Care Committee asked for consideration for the release of funds for the provider brunch, and the indication from Council was that it would not be possible to release funds to one committee and not the others. ADJOURNMENT TO At 11:55 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor Conference Room to discuss the items announced earlier by the Assistant City Attorney. MEETING Mayor Hornbuckle reconvened the meeting at 12:10 a.m., and the RECONVENED action taken in closed session was announced. Green v. Amburgey, Regarding Tim Green v. Orville Amburgey, et al., Orange County et al. Superior Court Case No. 63-93-04, the Assistant City Attorney presented a case status and update which was received and reviewed. No action was taken. City v. Harry S. Regarding City of Costa Mesa v. Harry S. Green, Incorporated, et Green, et al. al., Orange County Superior Court Case Nos 69-56-76 and 69-57- 69, the Assistant City Attorney presented a case status and update which was received and reviewed. No action was taken. Attorney to respond to Council on this item. CITY ATTORNEY The Assistant City Attorney requested a closed session pursuant to REPORTS Government Code Section 54956.9(a) to discuss the following items: Request for Closed Tim Green v. Orville Amburgey, et al., Orange County Superior Session/Green v. Court Case No. 63-93-04; and City of -Costa Mesa v. Harry S. Amburgey, et al.; Green, Incorporated, et al., Orange -County Superior Court Case City v. Harry S. Nos. 69-56-76 and 69-57-69. Mayor: Hornbuckle announced that Green, et al. closed session would be held following - -completion of regular business. CITY MANAGER The City Manager announced that because of various Council REPORT Members attending the League of California Cities conference that Study Session begins next week, it will be necessary to reschedule the October Changed to study session. Mayor Hornbuckle suggested Monday, October, 26, October 26, 1992 1992, and that date will be confirmed. COUNCIL Council Member Erickson commented that he attended the working COMMENTS group for John Wayne Airport, and in the July report, it was Flights over reported that there were -many flights over the western side of the Costa Mesa bay which includes Costa Mesa. He stated he was disappointed because the "crack -down" on unlicensed street vendors did not take Street Vendors place, and he supported proceeding to ensure that all vendors have a business license. He noted that the festival held at Lions Park was Lions Park Festival very successful. Airport Group Vice Mayor Genis stated it might be worthwhile to actively participate in the airport group because flights seem to have been Committee Expenses rerouted, elevations have changed, and so forth. She stated that the Child Care Committee asked for consideration for the release of funds for the provider brunch, and the indication from Council was that it would not be possible to release funds to one committee and not the others. ADJOURNMENT TO At 11:55 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor Conference Room to discuss the items announced earlier by the Assistant City Attorney. MEETING Mayor Hornbuckle reconvened the meeting at 12:10 a.m., and the RECONVENED action taken in closed session was announced. Green v. Amburgey, Regarding Tim Green v. Orville Amburgey, et al., Orange County et al. Superior Court Case No. 63-93-04, the Assistant City Attorney presented a case status and update which was received and reviewed. No action was taken. City v. Harry S. Regarding City of Costa Mesa v. Harry S. Green, Incorporated, et Green, et al. al., Orange County Superior Court Case Nos 69-56-76 and 69-57- 69, the Assistant City Attorney presented a case status and update which was received and reviewed. No action was taken. J62 ADJOURNMENT The Mayor declared the meeting adjourned at 12:15 a.m. "ayof the City of Costa Mesa ATTEST: -6S�4 ity Clerk of the City of Costa M