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HomeMy WebLinkAbout01/04/1993 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 4, 1993 The City Council of the City of Costa Mesa, California, met in regular session January 4, 1993, 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 Chip Johnson, Newport Mesa Christian Center. ROLL CALL Council Members Present: Mayor Sandra Genis Vice Mayor Jay Humphrey Council Member Mary Hornbuckle Council Member Peter Buffa Council Member Joe Erickson Council Members Absent: None Officials Present: City Manager Allan Roeder Deputy City Attorney Sally May Deputy City Manager/Development Services Donald Lamm Transportation Services Manager Peter Naghavi City Clerk Eileen Phinney MINUTES On motion by Council Member Buffa, seconded by Council Member December 14 and 21, Erickson, and carried 5-0, the minutes of the special meeting of 1992 December 14, 1992, and the regular meeting of December 21, 1992, were approved as distributed. ORDINANCES A motion was made by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, to read all ordinances by title only. COMMENDATION Mayor Genis announced that a commendation has been prepared for Costa Mesa High the Costa Mesa High School Water Polo Team for winning the School Water Polo Division III, C.I.F. Water Polo Championship. A short video was Team shown of the team in action. The Mayor reported that the team's season record was 23-8, Coach Jason Lynch was named All-C.I.F. Coach of the Year; and team member J. R. Porter was named All- C.I.F. Player of the Year. PROCLAMATION Council Member Erickson, City Council Liaison to the Cable Shelley Lash Television Committee, read a proclamation commending Shelley Lash for her five years of service on the committee. Mayor Genis presented the document to Ms. Lash. ORAL COMMUNI- Anne Hogan-Shereshevsky, 2152 Elden Avenue, Costa Mesa, CATIONS expressed her appreciation to Council and staff for having additional Handicap Parking parking spaces for the handicapped constructed at the new Senior Center. Neighborhood Andrew Whitney, 1189 Augusta Street, Costa Mesa, asked if any Nuisance information was available from the police on their investigation of his being threatened by his neighbors because he complained about the noise they were creating. Mr. Whitney reported that the constant noise from the neighbor's playing basketball 11 feet from Claims i Claims received by the City Clerk: Raymond L. Pittman; Qualified Electric Supply Company, Incorporated; and William Robert Smith, Jr. Alcoholic Beverage Alcoholic Beverage License for which parking was approved by License the Planning Staff: Emiko Brockman and Hiromi Kawamura, doing business as Midori, 2969 Fairview Road. WARRANT On motion by Council Member Buffa, seconded by Vice Mayor Humphrey, Warrant Resolution 1536 for $1,567,514.64, and Payroll MOTION 9226 for $1,177,480.49, were approved by the following roll call Warrant 1536 and vote: Payroll 9226 AYES: Genis, Humphrey, Hornbuckle, Approved Buffa, Erickson NOES: None ABSENT: None ADMINISTRATIVE ; The Personnel Services Director recommended establishing two new ACTIONS classifications, and deleting one classification from the Basic Salary Schedule. On motion by Council Member Buffa, seconded by Vice Amendment to the Mayor Humphrey, Resolution 93-1, A RESOLUTION OF THE Basic Pay Schedule !CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 92-1 BY MOTION ; ESTABLISHING THE NEW CLASSIFICATIONS OF SENIOR Resolution 93-1 ! LEAD MAINTENANCE WORKER AND SENIOR Adopted 'MAINTENANCE TECHNICIAN, AND DELETING THE PUMP TECHNICIAN CLASSIFICATION FROM THE BASIC PAY SCHEDULE, was adopted by the following roll call vote: i his property line is still causing a nuisance for him, and asked if the City could do anything, to mitigate this situation. The City Manager reported that the police investigation concerning the neighbor's threat has not been completed. As to the basketball playing, the City Manager felt this was a civil matter. Community Quilt Lance Jencks, 443 Flower Street, Costa Mesa, alternate member of the Human Relations Committee, invited all citizens to provide I even -by -seven-inch squares with one -half-inch borders for the community quilt. While he spoke about the project, pictures of quilt squares already submitted were shown on the overhead screen. Mr. Jencks advised that the deadline for submitting quilt squares is March 1, 1993. CONSENT I The following items were removed from the Consent Calendar: CALENDAR Item 2, Specific Plan Amendment SP -84-01A, for property along East 17th Street; Item 6, Agreement with the City of Irvine regarding the Irvine Business Complex development; Item 7, Lease Agreement Amendments relating to the Victoria Street widening. On motion by Council Member Buffa, seconded by Vice Mayor Humphrey, the remaining Consent Calendar items were -approved in :one motion by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None READING FOLDER On motion by Council Member Buffa, seconded by Vice Mayor items Humphrey, and carried 5-0, the following Reading Folder iwere received and processed: Claims i Claims received by the City Clerk: Raymond L. Pittman; Qualified Electric Supply Company, Incorporated; and William Robert Smith, Jr. Alcoholic Beverage Alcoholic Beverage License for which parking was approved by License the Planning Staff: Emiko Brockman and Hiromi Kawamura, doing business as Midori, 2969 Fairview Road. WARRANT On motion by Council Member Buffa, seconded by Vice Mayor Humphrey, Warrant Resolution 1536 for $1,567,514.64, and Payroll MOTION 9226 for $1,177,480.49, were approved by the following roll call Warrant 1536 and vote: Payroll 9226 AYES: Genis, Humphrey, Hornbuckle, Approved Buffa, Erickson NOES: None ABSENT: None ADMINISTRATIVE ; The Personnel Services Director recommended establishing two new ACTIONS classifications, and deleting one classification from the Basic Salary Schedule. On motion by Council Member Buffa, seconded by Vice Amendment to the Mayor Humphrey, Resolution 93-1, A RESOLUTION OF THE Basic Pay Schedule !CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 92-1 BY MOTION ; ESTABLISHING THE NEW CLASSIFICATIONS OF SENIOR Resolution 93-1 ! LEAD MAINTENANCE WORKER AND SENIOR Adopted 'MAINTENANCE TECHNICIAN, AND DELETING THE PUMP TECHNICIAN CLASSIFICATION FROM THE BASIC PAY SCHEDULE, was adopted by the following roll call vote: i AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None Agreement with City The Police Chief requested approval of an agreement with the City of Huntington Beach of Huntington Beach to house a certain number of females arrested by the Costa Mesa police at a cost of $125.00 per day. This service Female Arrestees is required because the Costa Mesa jail facility is not certified by the Board of Corrections to house female arrestees. On motion by MOTION Council Member Buffa, seconded by Vice Mayor Humphrey, the Agreement Approved agreement was approved, and the Mayor and City Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None Corporation Yard The Public Services Director requested funding for design and Bike Trail; Budget construction of the Corporation Yard Bike Trail in the amount of Adjustment 93-14 $245,800.00 which will be fully reimbursed by the State through the SB 821 Bicycle and Pedestrian Facilities Fund Program. On motion MOTION by Council Member Buffa, seconded by Vice Mayor Humphrey, the Funding and Budget funding was approved, with full reimbursement by the State of Adjustment Approved California upon completion of the project; and Budget Adjustment No. 93-14 for $245,800.00 was approved. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None SP -84-01A Item 2 on the Consent Calendar was presented: Set a public hearing Falasco/Lustbader for Specific Plan Amendment SP -84-01A, Dale Falasco, 15435 Jeffrey Road, Suite 131, Irvine, authorized agent for Alfred Lustbader, same address, to allow deletion or modification of development standards along East 17th Street between Santa Ana and Irvine Avenues in a C 1 zone, including deletion of the 10 -foot deep, landscaped setback requirement between commercial and residential development. Environmental Determination: Negative Declaration. The person who asked for this item to be removed from the Consent MOTION Calendar rescinded his request, and thereafter, a motion was made Hearing Set for by Council Member Buffa, seconded by Council Member Erickson, January 18, 1993 and carried 5-0, setting a public hearing on January 18, 1993, at 6:30 p.m., in the Council Chambers of City Hall. Agreement with City Item 6 on the Consent Calendar was presented: An agreement with of Irvine Regarding the City of Irvine implementing the Irvine Business Complex (IBC) Irvine Business roadway mitigation and monitoring program. Sid Soffer, 900 Arbor Center Street, Costa Mesa, asked for an explanation of the agreement. The Transportation Services Manager reported that the agreement requires the City of Irvine to hire a consultant to evaluate the effectiveness of the IBC Environmental Impact Report traffic assumptions in regard to the City of Costa Mesa, and to mitigate traffic impacts if such impacts are beyond those identified in the EIR. The City Manager added that IBC already contains approxi- mately 48 million square feet of commercial development and an additional 12 million square feet is being proposed. On motion by MOTION Vice Mayor Humphrey, seconded by Council Member Erickson, the Agreement Approved agreement was approved, and the Mayor and City Clerk were I authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None Amendments to Lease ;Item 7 on the Consent. Calendar was presented: Amendments to the Agreement with City Lease Agreement with the Costa Mesa City Hall and Public Safety Hall and Public lFacilities, Incorporated, deleting 25 parcels from the Victoria Street Facilities, Inc. ;widening project. Sid Soffer, 900 Arbor Street, Costa Mesa, asked ;for clarification of these amendments. The Transportation Services Victoria Street ;Manager explained that 25 easement parcels were erroneously Widening ;encumbered for the project, and the subject amendments will correct that error. On motion by Council Member Buffa, seconded by MOTION ' Council Member Erickson, the amendments were approved, and the Amendments ;Mayor and City Clerk were authorized to sign on behalf of the City. Approved The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None PUBLIC HEARING iThe City Clerk announced the public hearing, continued from the Certificate for meeting of December 21, 1992, to consider a request for a Orange County Taxi Certificate of Public Convenience and Necessity from William F. Scott; doing business as Orange County Taxi, 1634 Pomona Avenue, ;Costa Mesa, to provide taxicab service within the City. The City Manager referred to the Agenda Report dated December 29, 1992, in which Marcus Davis, Assistant Finance Director, recommended j a two-week continuance in order to adequately address the MOTION .I allegations and issues mentioned at the Council meeting of Continued to ; December 21, 1992. On motion by Vice Mayor Humphrey, January 18, 1993 ! seconded by Council Member Buffa, and carried 5-0, the public hearing was continued to January 18, 1993, as recommended by staff. PUBLIC HEARING ! The City Clerk announced that this was the time and place set for Certificate for the public hearing to consider a request for a Certificate of Public Rainbow Express Cab 1 Convenience and Necessity from Victor John Ashna, doing business as Rainbow Express Cab Company, 8811 Watson Street, No. 103, Cypress. Proof of mailing notices of the public hearing are on file in the City Clerk's office. No communications were received. The City Manager referred to the Agenda Report dated December 28, 1992, recommending approval of the request. John Pohwat, driver for South Coast Cab Company, alleged that Rainbow Express Cab Company has been operating illegally in Costa Mesa for many, months and has been soliciting business from ;Costa Mesa hotels and South Coast Plaza. Steve Roditis, 12851 Hastet Street, Garden Grove, owner of South Coast Cab Company, claimed that the vehicles being used by Rainbow Express Cab Company have no radio communication systems; the company does not have an office to receive calls; and cabs are available only until midnight instead of providing 24-hour service. Victor John Ashna, Rainbow Express Cab Company, refuted the j statements made by the previous speakers. Elliott Miller, driver for Rainbow Express Cab Company, stated that he left his job with South Coast Cab Company because of improper methods used by that company. Mr. Miller claimed that the Rainbow Cab vehicles are newer and more dependable than South Coast's cars, and added that Rainbow Express vehicles are adequately insured. Council Member Buffa asked if Rainbow Express Cab has been marketing its services at Costa Mesa hotels and South Coast Plaza. Mr. Miller responded that they market their services in the City of Irvine where the company is presently licensed to operate. Council Member Hornbuckle asked if the vehicles listed on Rainbow Express Cab's application, 1988 Ford Mercury, 1982 Ford Lincoln Town Car, and two 1991 Ford Mercuries are the cabs which will be used in Costa Mesa. Mr.. Miller responded that Rainbow Express recently purchased two brand new cars from Santa Ana Lincoln Mercury; however; ,,"they are not listed on the application and the licenses have not yet been received. There being no other speakers, the Mayor closed the public hearing. Council Member Erickson commented that the City does not want to restrict trade; the Police and Finance Departments have recommended approval; and the number of taxicabs operating in the City (approximately 25) is not excessive. MOTION On motion by Council Member Erickson, seconded by Council Certificate Approved Member Hornbuckle, and carried 5-0, the Certificate for Rainbow Express Cab Company was approved with the stipulation that the newly purchased vehicles shall be included in the application. Staff Requested to Council Member Buffa had some concerns about the complaints Provide Evaluation being lodged by the taxicab companies against one another. He Data requested that staff provide Council with data outlining procedures used by staff to evaluate these businesses. PUBLIC HEARING The City Clerk announced that this was the time and place set for R-92-06 the public hearing for Rezone Petition R-92-06, changing the zoning Planning Area No. 4 of properties located in General Plan Planning Area No. 4 to zoning consistent with the 1990 General Plan. Environmental Determina- tion: Environmental Impact Report (EIR) No. 1044 adopted for the 1990 General Plan. The Affidavit of Publication is on file in the City Clerk's office. A communication was received from Franklin D. Cole, President of the Fairview Village Homeowners Association, 2478 Fairview Way, Costa Mesa, requesting a 30 -day continuance for Site N (2490 Fairview Road) since the Board of Directors has not had ample time to review the proposed General Plan Amendment and rezone. The Deputy City Manager/Development Services reviewed the Agenda Report dated December 23, 1992, noting that the Planning Commission recommended General Plan Amendments for three sites: Site A (The 'French Quarter), change to Medium Density Residential and retain R2 zoning; Site II (1055 El Camino Drive), change to Neighborhood Commercial and retain Cl zoning; and Site N (2490 Fairview Road), change to Neighborhood Commercial and rezone from Cl to AP. In light of the request from Mr. Cole to continue Site N, the Deputy City Manager suggested that Council take action on all other sites within Planning Area No. 4, and delay action for Site N. 'e 69 10 As to The French Quarter Condominiums, Mayor Genis recalled that the EIR did not provide for any intensification on that site. Senior Planner Alice Angus explained that the EIR assumes that the number of units will remain the same, and that was based on a General Plan designation of Low Density Residential. She added that if Council were to follow the Planning Commission's recommendation for Medium Density Residential, there would be the potential of more I nits being added, and a need for a Negative Declaration or some type of environmental .review; however, Council could place a cap on the number of units for that project as part of specific language in any General Plan Amendment. j !Regarding the commercial site on El Camino Drive, Mayor Genis asked if the EIR specified any intensification. The Senior Planner !responded that the EIR assumes that the existing neighborhood ,commercial development will remain. ;Franklin Cole, 2482 Fairview Way, Costa Mesa, representing the ;Fairview Village Homeowners Association, commented that since the Planning Commission's recommendation for Site N was made as :late as December 14, 1992, during the holiday season, he was ;unable to contact a majority of the homeowners to discuss the ;proposed General Plan Amendment and rezone. Based on this information, Mr. Cole requested a 30 -day continuance. John Moorlach, 3169 Madeira Avenue, Costa Mesa, addressed Site II, noting that the proposed ordinance would rezone the site to Rl. He asked about the effects of the ordinance, and the next steps to be taken. Mayor Genis responded that if the ordinance were adopted as stated, the site would be rezoned to residential; however, if Council decides to remove Sites A, II, and N from the ordinance, public hearings must be held on alternative designations and rezones. 'In response to Mr. Moorlach's question on when the public hearings will be held for these sites, the Senior Planner stated it would be in approximately six weeks. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that when one of two commercial sites is changed to residential, both properties are severely impacted because when the owner of the commercial property develops it, the setback from the residential property must be equal to twice the height of the commercial building. Mr. Soffer asked if property taxes would be reduced if it were established that the value of the property had been diminished as a result of the rezone. A motion was made by Council Member Buffa, seconded by Council Member Erickson, to continue the public hearing to February 1, 1993. After brief discussion, Council Member Buffa withdrew the motion. MOTION On motion by Council Member Hornbuckle, seconded by Vice Site N Continued to Mayor Humphrey, and carried 5-0, the public hearing was continued February 1, 1993 ; to February 1, 1993, for further consideration of Site N. MOTION A motion was made by Vice Mayor Humphrey, seconded by Ordinance 93-1 Given Council Member Erickson, to give first reading to Ordinance 93-1, First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REZONE PETITION R-92-06, CHANGING THE ZONING OF PROPERTIES LOCATED IN SITES B, C, D, E, F, G, H, I, J, K, L, M, O, P, Q, R, AND S LOCATED IN GENERAL PLAN PLANNING AREA NUMBER FOUR TO ZONING CONSISTENT WITH THE 1990 GENERAL PLAN, stipulating that R2 zoning shall be retained for Site A, and C1 zoning for Site II; and directing staff to initiate General Plan Amendments as follows: Site A, to Medium Density Residential with density limited to that which now exists on the site; and Site 11, to Neighborhood Commercial. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle Erickson NOES: Buffa ABSENT: None PUBLIC HEARING The City Clerk announced that this was the time and place set for R-92-07 the public hearing for Rezone Petition R-92-07, changing the zoning Site X, Planning of property at 1736, 1738, 1740, and 1744 Anaheim Avenue Area No. 1 (identified as Site X in General Plan Planning Area No. 1) from CL to R2, to be consistent with the 1990 General Plan. Environmental Determination: Environmental Impact Report (EIR) No. 1044 adopted for the 1990 General Plan. The Affidavits of Mailing and Publishing are on file in the City Clerk's office. No communica- tions were received. The Deputy City Manager/Development Services summarized the Agenda Report dated December 22, 1992, which states that R2 zoning is consistent with the adjacent properties to the north and west. Sid Soffer, 900 Arbor Street, Costa Mesa, again mentioned the additional setback requirements for commercial properties when located adjacent to residential sites. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Erickson, seconded by Vice Mayor Ordinance 93-2 Humphrey, Ordinance 93-2, AN ORDINANCE OF THE CITY Given First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING - OF THE PROPERTY ADDRESSED 1736, 1738, 1740 AND 1744 ANAHEIM AVENUE (IDENTIFIED AS SITE X IN GENERAL PLAN PLANNING AREA NUMBER ONE) FROM CL TO R2, TO BE CONSISTENT WITH THE 1990 GENERAL PLAN BY ADOPTION OF REZONE PETITION R-92-07, was given first reading and passed to second reading by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle Erickson NOES: Buffa ABSENT: None PUBLIC HEARING The City Clerk announced that this was the time and place set for R-92-08 the public hearing for Rezone Petition R-92-08, changing the zoning Planning Area No. 3 . of properties located in General Plan Planning Area No. 3 to zoning consistent with the 1990 General Plan. Environmental Determina- tion: Environmental Impact Report No. 1044 adopted for the 1990 General Plan. The Affidavit of Publication is on file in the City Clerk's office. Communications were received from Anne Koenig, 310 Cabrillo Street, stating that rezoning her property from R4 to R2 would reduce its value by $50,000.00; Charles A. Schwan, owner of property at 343 Cabrillo Street, opposing the rezone to R2 because 71 • 2 it would reduce the value of the property, and stating that R3 zoning .would be acceptable; and Michael Strong, owner of property at 2183 ,Rural Lane, requesting that his property remain R2 because a rezone 'to R1 would reduce the value of his property by $50,000.00. Council Member Erickson announced that his residential property is within 2,500 feet of Sites L an M; however, the Deputy City 'Attorney advised him that it would be appropriate for him to vote on this item. .The Deputy City Manager/Development Services reviewed the ,Agenda Report dated December 23, 1992, which states that the Planning Commission recommended adoption of the proposed -ordinance with the exception of Sites G, I, J, L. M, and P, for which alternatives were suggested. Kirk Shafonsky, 2196 Rural Lane, opposed the rezone of his property from R2 to R1, stating that R2 was more appropriate for this area because of its proximity to Newport Boulevard and the fact that R1 zoning would reduce the value of his property. ,Ken Ryberg, owner of property at 2165 Rural Place, opposed a rezone to R1 because it would prevent him from constructing a duplex for which he has drawn up plans. Michael Strong, owner of property at 2183 Rural Lane, wanted R2 zoning to remain, stating that two lots already have duplexes and he wanted the same opportunity as the owners of those lots. Marie Eckess, 1100 Pescador Drive, Newport Beach, owner of property at 1770 Orange Avenue, at which she and her husband have two businesses, was in favor of amending the General Plan to General Commercial and retaining the AP zone as recommended by the Planning Commission. Paul Schwartz, 1607 Orange Avenue, stated that if his property were rezoned from R2 to Cl, he would not be able to develop the lot for commercial use because it only contains approximately 6,700 square feet. Associate Planner Kimberly Brandt referred to Page 38 of the Agenda Report which indicates that the parcel size is 6,600 square feet. She reported that Mr. Schwartz's property does not meet the minimum lot size for the C1 zone which is 12,000 square feet; however, the Municipal Code, in addressing nonconforming lot sizes, will allow a commercial use on the subject site. Responding to Council Member Erickson's question regarding the allowable Floor Area Ratio (FAR) for Mr. Schwartz's lot, the Associate Planner stated that the FAR would be .30 (allowing approximately 2,000 square feet of development). Mayor Genis asked if Mr. Schwartz could build another residence if the present structure were to burn down. The Associate Planner replied that if the property were rezoned Cl, and over 50 percent of the structure burned, he would not be able to rebuild another residence. James Iverson, co-owner of property at 1756 Orange Avenue, stated that the traffic on this street is horrendous; therefore, it would not be suitable for residential development. He added that a rezone to R2 would adversely affect the value of his property. He suggested 'that Council follow the recommendation of the Planning Commission as shown in the aforementioned Agenda Report. ` 73 Glen Burchfield, Post Office Box 876, Lake Elsinore, owner of property at 336 Cabrillo Street on which he recently constructed a four-plex, objected to a rezone from R4 to R2 and asserted that Council is rezoning properties for the good of the public at the expense of the property owner. Brian Smith, 332 East Cabrillo Street, spoke in opposition to R2 zoning because of the reduction in property value. He advised that this was also the opinion of Mr. and Mrs. Buck Jones, 318 Cabrillo Street. Mr. Smith was in favor of R3 zoning. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that these property owners should have voiced their objections at the General Plan public hearings. Jim Karras, Regional Manager for Schaefer Ambulance Service, 2215 South Bristol Street, Santa Ana, referred to the company property at 175 Cabrillo Street which is located in Site I, and spoke in favor of amending the General Plan to Neighborhood Commercial, and retaining the CL zoning. Michael Weisshaar, 167 Cabrillo Street, spoke in support of retaining CL zoning, and mentioned that his violin shop is located at this address, not his residence. Lorraine Lambeth, 170 Wells Place, spoke about having to conform to CL standards when she purchased the property three years ago. She elaborated on the improvements that were required by the City, in addition to having to give up 15 feet of her property. Ms. Lambeth stated that she would not have purchased the property if she would have known the City intended to rezone it for residential use. Rachel Lishka, 329-D Cabrillo Street, was opposed to rezoning her property to R2, asserting that it would be difficult to sell. She asked for R3 zoning. Florence Johnson, 344 Cabrillo Street, stated that by downzoning her property to R2, the City will prevent her from adding a duplex on her property which she intended to do for retirement income. She preferred R3 zoning. Brian Wood, 340 Cabrillo Street, was of the opinion that the entire street should be zoned R3. Glen Burchfield spoke again, stating that an owner cannot borrow against. or sell legal, nonconforming property. The City Manager referred to the communication from Michael Strong, owner of property at 2183 Rural Lane, which states, " .. . rezoning has been done solely in order to reduce the house prices in that area so that the City can buy more cheaply those properties it needs in order to widen 22nd Street". He reported that the City has no plans to widen 22nd Street, and the law stipulates that the City cannot downzone property for this purpose. Council Member Erickson felt that Mr. Schwartz brought up a good point regarding the property at 1607 Orange Avenue, as well as the adjacent property at 1609 Orange Avenue. He suggested continuing the public hearing for these two sites for further discussion. 7 MOTION A motion was made by Council Member Erickson, seconded by Ordinance 93-3 Given Council Member Hornbuckle, to give first reading to Ordinance First Reading; Sites 93-3, AN ORDINANCE OF THE CITY COUNCIL OF THE at 1607 and 1609 CITY OF COSTA MESA, CALIFORNIA, CHANGING THE Orange Avenue ZONING OF PROPERTIES IN SITES A THROUGH F; A Continued to PORTION OF SITE G; H; K; A PORTION OF SITE M; AND February 1, 1993 A PORTION OF SITE O, LOCATED IN GENERAL PLAN PLANNING AREA NUMBER THREE TO ZONING CONSISTENT WITH THE 1990 GENERAL PLAN, BY ADOPTION OF REZONE PETITION R-92-08, to approve the Planning Commission recommendations contained in the Agenda Report dated December 23, 1992; and to continue the public hearing to February 1, 1993, for further consideration of properties at 1607 and 1609 Orange Avenue. Mayor Genis stated that she would support the motion; however, as to potential General Plan Amendments, she would only support them if existing densities remain the same. Vice Mayor Humphrey j agreed, and stated that he would not support higher densities. The motion carried ; by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Erickson NOES: Buffa ABSENT: None RECESS The Mayor declared a recess at 8:40 p.m., and reconvened the meeting at 8:55 p.m. Announcement - Items Mayor Genis announced that the two items under Old Business will Taken Out of Order; be taken out of order. The City Manager recommended that both Old Business Items to items be tabled and rescheduled for a later date. Council Member be Tabled ! Erickson reported that he has received many calls regarding amplified sound systems in the park and suggested that Council give some direction to staff. The City Manager felt that a new ordinance may not be necessary and suggested that Council Member Erickson give him the names of the people who have concerns so that staff can contact them. Council Member Hornbuckle recommended that after staff has sorted through the issues of the two ordinances, particularly the amplified sound system issue, they could be brought back on an agenda as an informational item so members of the public who follow the Council meetings will have that data available to them. OLD BUSINESS Amplified Sound Systems in Public Parks MOTION Tabled OLD BUSINESS Permits for Events in Public Parks MOTION Tabled On motion by Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, Council tabled the following item, to be brought back after the proposed revisions have been thoroughly reviewed: Continued from the meeting of December 7, 1992, an ordinance adding Section 12-54 to the Costa Mesa Municipal Code pertaining to amplified sound systems in public parks. A petition was submitted to the Mayor which contains 20 signatures of citizens residing near TeWinkle Park, requesting prohibition of electronic amplified sound at that park. On motion by Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, Council tabled the following item, to be brought back after revisions have been reviewed: Continued from the meeting of December 7, 1992, an ordinance amending Sections 12-46, 12-52, and 12-55 of the Costa Mesa Municipal Code establishing a permit process for vending merchandise, wrestling contests, amusements, shows, and concerts in public parks. 1 PUBLIC HEARING The City Clerk announced that this was the time and place set for Regulations for Food the public hearing to consider an ordinance amending certain or Beverage Estab- sections of Title 13, and adding Article 16.5 to Title 13 of the Costa lishments Mesa Municipal Code relating to regulation of establishments where food or beverages are served. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City, Clerk's office. No communications were received. The Deputy City Manager/Development Services credited Associate Planner Kimberly Brandt and Ed Fawcett, Costa Mesa Chamber of Commerce, for guiding the efforts of the City and the Chamber in producing an ordinance agreeable to all parties. The Associate Planner gave a brief report on the meetings between staff and the business community to discuss the details of the ordinance. She referred to Page 3 of the Agenda Report dated December 23, 1992, which compares the existing code with the proposed code for location/operational characteristics of food and/or beverage establishments. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that the restaurant owners in Costa Mesa evidently were not concerned enough about this ordinance to attend the meeting. There being no other speakers, the Mayor closed the public hearing. Council Member Erickson stated for the record that Costa Mesa bar and restaurant owners participated in meetings with Ed Fawcett of the Chamber of Commerce, a Planning Commissioner, and staff members, and it was his understanding that this ordinance was well received. MOTION A motion was made by Council Member Erickson, seconded by Ordinance 93-4 Vice Mayor Humphrey, to give first reading to Ordinance 93-4, AN Given First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF TITLE 13, AND ADDING TITLE 16.5 TO TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE REGULATION OF ESTABLISHMENTS WHERE FOOD OR BEVERAGES ARE SERVED, which includes -minor changes recommended by the Planning Commission, and Council's deletion of Paragraph 2 of Section 13-242. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None In response to Council Member Hornbuckle's inquiry on the availability of the ordinance to bar and restaurant owners, the Deputy City Manager/Development Services stated that once the ordinance: is codified, these sections will be copied and made available to the public at no charge. PUBLIC HEARING The City Clerk announced that this was the time and place set for Special Event Street the public hearing to consider an ordinance amending Title 5 of the Banners Costa Mesa Municipal Code regarding special event street banners. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager/Development Services summarized the Agenda Report of December 28, 1992, which states that in July of 1992, Council adopted a policy allowing special event street banners placed in the public right-of-way if certain conditions were met, and the proposed ordinance amends Title 5 of the Municipal Code to reflect that policy. The subject report also indicates that the ordinance deletes the definition of "Minor Variance" which was inadvertently left in the Sign Code. Vice Mayor Humphrey felt that it would be appropriate to have all the requirements for these banners available for those people applying for a permit so they would have all the necessary information before submitting their applications. The Deputy City Manager stated that Revised Council Policy 500-6 contains all the specifics, and the proposed ordinance merely implements that policy. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Buffa, seconded by Council Ordinance 93-5 Member Hornbuckle, to give first reading to Ordinance 93-5, AN Given First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 5 OF THE COSTA MESA MUNICIPAL CODE REGARDING SPECIAL EVENT STREET BANNERS. 1 [1 Mayor Genis was uncomfortable with the wording of Section 4 of the ordinance, Code Subsection (d), Paragraph (5), second sentence, The number, duration, exact location, and security deposit will be determined by City Council at the time of approval". She suggested a reference to established guidelines. The City Manager Staff Directed to recommended that when this ordinance comes back for second Include Council reading, staff could include the Council Policy so both the ordinance Policy 500-6 and the policy will be adopted at the same time. Council indicated their agreement with that suggestion. The motion to give first reading to Ordinance 93-5 carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None NEW BUSINESS The City Clerk presented a resolution declaring 6,345 square feet of Surplus Property at City property at 111 Rochester Street as surplus land. The City 111 Rochester Street Manager reviewed the Agenda Report dated December 28, 1992, and reported that the subject property is presently leased to The Grant Boys who have expressed a strong desire to purchase the site and combine it with their existing Newport Boulevard property. He advised Council that once the resolution is adopted, the City will give notice to other government agencies as set forth in Government Code Section 54222, and if an offer is not received, Council has the discretion to accept public bids or 'negotiate with the adjacent property owner. Council Members indicated their preference to accept public bids. MOTION A motion was made by Council Member Hornbuckle, seconded by Resolution 93-2 Vice Mayor Humphrey, to adopt Resolution 93-2, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY SOF COSTA MESA, CALIFORNIA, DECLARING THAT THE PROPERTY AT 111 ROCHESTER STREET IS SURPLUS PROPERTY AND DECLARING ITS INTENTION TO DISPOSE OF SAID SURPLUS REAL PROPERTY. i i 1 [1 Vice Mayor Humphrey requested that the funds be reserved for recreational use. The City Manager recommended that funds not be designated for specific uses until discussions are held on current and long-range financial planning. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None NEW BUSINESS The City Clerk presented a request to appoint members to the Cable Cable TV Committee Television Committee. On motion .by Council Member Erickson, MOTION/Members seconded by Council Member Hornbuckle, and carried 5-0, Kevin Appointed Austin and Michael Stiller were appointed members of the Cable Television Committee; .and Ken, Pratt and Don Williams were appointed alternate : members. NEW BUSINESS On motion by Council Member Buffa, seconded by Council Member Child Care Committee Erickson, and carried 5-0, Terry Simon was appointed a member of MOTION/Members the Child Care Committee; and Wanda Doolittle, Charles Spicer, Appointed and Estelle Webb were appointed alternate members. NEW BUSINESS On motion by Vice Mayor Humphrey, seconded by Council Member Substance Abuse Hornbuckle, Forston Ireland and Janie Walker were appointed Committee members of the Substance Abuse Committee; and Kiersten Larsen MOTION and Karan Serowik were appointed alternate members. The motion Members Appointed carried 5-0. CITY ATTORNEY The Deputy City Attorney requested a closed session pursuant to REPORTS Government Code Section 54956.9(b)(1) to discuss possible Request for Closed settlement of the Gregory Gayef claim. Mayor Genis announced Session: Gayef Claim that closed session would be held after close of regular business. . COUNCIL Council Member Erickson announced that Joan White, secretary in COMMENTS the City Manager's office, celebrated her 50th wedding anniversary Mr. and Mrs. White on New Year's Eve. The Council congratulated Mr. and Mrs. Congratulated White on this special occasion. Ed Fawcett Council Member Hornbuckle commended Ed Fawcett of the Commended Chamber of Commerce for the role he played in assisting the City with the restaurant and bar ordinance, as well as other issues related to the community. Agreement with City Council Member Hornbuckle referred. to the agreement with the City of Huntington Beach of Huntington Beach which was approved earlier this evening on housing females arrested in Costa Mesa. She suggested seeking reimbursement of the costs from the offenders. The City Manager reported that an ordinance is being prepared to do just that. ADJOURNMENT TO At 9:25 p.m., Mayor Genis adjourned the meeting to a closed CLOSED SESSION session in the first floor Conference Room to discuss the Gregory Gayef claim. MEETING The Mayor reconvened the meeting at 9:38 p.m., and the action RECONVENED taken during closed session was announced. Gayef Claim By a vote of 5-0, Council approved settlement of the Gregory Gayef MOTION claim as detailed in the confidential memorandum from the City Approved Settlement Attorney and Risk Manager dated December 30, 1992. `77 w ADJOURNMENT The Mayor declared the meeting adjourned at 9:40 p.m. Mayor of the City of Costa Mesa ATTEST: 6.1 ity Clerk of the City o4AA7 Me