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HomeMy WebLinkAbout01/18/1993 - City Councils REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 18, 1993 The City Council of the City of Costa Mesa, California, met in regular session January 18, 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 Council Member Hornbuckle. 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 City Attorney Thomas Kathe 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 January 4, 1993 Erickson, and carried 5-0, the minutes of the regular meeting of January 4, 1993, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Vice Mayor Humphrey, and carried 5-0, to read all ordinances by title only. ORAL COMMUNI- Roy Andreen, 2769 Cibola Avenue, Costa Mesa, representing the CATIONS Mesa del Mar Homeowners Association, referred to the proposed ordinance pertaining to amplified sound systems in public parks that Amplified Sound had been tabled at the January 4, 1993, meeting, stating that normal Systems in Public remedial measures to alleviate the subject noise problems, such as Parks contacting the Police or Community Services Department, had not been effective. He commented that the noise ordinance now in effect should have been sufficient but was not utilized, and felt this problem was not being properly addressed. He noted that the area adjacent to TeWinkle Park is already severely impacted by the Pacific Amphitheatre, the motorcycle races at the Orange County Fairgrounds, etc. The City Manager responded that this matter is being thoroughly reviewed and will be brought back to Council at a later date. Laguna Beach "Hate Karen McGlinn, 1785 Hummingbird Drive, Costa Mesa, Chair - Crime" person of the Costa Mesa Human Relations Committee, addressed the issue of the recent beating of a Costa Mesa resident in Laguna Beach, requesting permission to forward a letter to the City of Laguna Beach regarding this "Hate Crime". She read a memorandum to the Council from the Committee dated January 14, 1993, and the proposed letter. 79 s CONSENT The following item .was removed from the Consent Calendar: Item CALENDAR 2, Warrant Resolution- 1537, and Payroll 9227. On motion by Vice Mayor Humphrey, seconded by Council Member Hornbuckle, the remaining Consent Calendar items were approved Agreement with in one motion by the following roll call vote: Western Consulting AYES: Genis, Humphrey, Hornbuckle, Services Buffa, Erickson NOES: None Citywide Occupa- ABSENT: None READING FOLDER On motion by Vice Mayor Humphrey, seconded by Council Member Claim Hornbuckle, and carried 5-0, Reading Folder Item No. 1, Claim ;from Mike Compas, was received and filed. ADMINISTRATIVE The Community Services Director recommended approval of ACTIONS `addenda to lease agreements with Center for Creative Alternatives, ;Costa Mesa Civic Playhouse, Harbor Area Adult Day Care Center, Addenda to (Harbor Area Boys and Girls Club, High Hopes, March of Dimes, Lease Agreements ;Someone Cares Soup Kitchen, and Vantage Foundation, extending WARRANTS use of Rea Community Center from February 1, 1993, through June Use of Rea 1:30, 1994. On motion by Vice Mayor Humphrey, seconded by Community Center Council Member Hornbuckle, the addenda were approved and the !Mayor was authorized to sign on behalf of the City. The motion MOTION ;carried by the following roll call vote: Addenda Approved ( AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None MOTION ABSENT:, None Agreement with ;The Personnel Director recommended approval of an agreement with Western Consulting 'Western Consulting Services, 17111 Beach Boulevard, Suite 207, Services 'Huntington Beach, for $33,610.00, to provide specialized assistance with the development and implementation of a Citywide occupational Citywide Occupa- safety program in compliance with the legal mandates of SB 198. tional Safety ; On motion by Vice Mayor Humphrey, seconded by Council Member Program Hornbuckle, the agreement was approved and the City Manager and City Clerk were authorized to sign on behalf of the City. The MOTION motion carried by the following roll call vote: Agreement Approved AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None WARRANTS ! Item 2 on the Consent Calendar�was presented: Warrant Resolution :1537 for $827,515.54, and Payroll 9227 for $1,197,164.98. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the lack of a notation on the agenda explaining where the Warrant Resolution funds were expended. The City Manager responded that a copy of the Warrant Resolution was posted in the Council Chamber vestibule, and stated that the Warrant Resolution records the payment of all bills, other than payroll, on a biweekly basis. On MOTION motion by Council Member Hornbuckle, seconded by Vice Mayor Warrant 1537 and Humphrey, Warrant Resolution 1537 and Payroll 9227 were Payroll 9227 approved by the following roll call vote: Approved AYES: 'Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None 1 i� PUBLIC HEARING The City Clerk announced that this was the time and place set for 1991 Uniform the public hearing for second reading and adoption of Ordinance 92 - Swimming Pool Code 30, amending the Costa Mesa Municipal Code by adopting the 1991 Uniform Swimming Pool Code and local amendments thereto. The Deputy City Manager/Development Services presented the Agenda Report dated January 13, 1993. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hornbuckle, seconded by Ordinance 92-30 Council Member Erickson, to give second reading and adopt Adopted Ordinance 92-30, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER IV OF TITLE 5 OF THE COSTA MESA MUNICIPAL CODE BY ADOPTING THE 1991 UNIFORM SWIMMING POOL CODE, AND LOCAL AMENDMENTS THERETO; adding the word "building" on Page 2, Section 5-65, Paragraph (e)(1), line 8, as follows: "... shall maintain in good condition an enclosure, building, barrier or fence..."; and directing staff to clarify for Council whether or not a wall with a door may be used as part of the fence enclosure for a pool. Vice Mayor Humphrey asked staff to investigate the possibility of restricting access by children from a house into an outdoor swimming pool area. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None PUBLIC HEARING The City Clerk announced the public hearing, continued from the Orange County Taxi meeting of January 4, 1993, to consider a Certificate of Public Convenience and Necessity for William F. Scott, doing business as Orange County Taxi, 1634 Pomona Avenue, Costa Mesa. Marcus Davis, Assistant Director of Finance, reviewed the Agenda Report dated January 11, 1993. Robert Excell, 1270 Deerpark Drive, Fullerton, associated with Coast Yellow Cab, stated that Orange County Taxi represents itself as a "yellow cab" company which they are not, and this point was not investigated. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Council Certificate Approved Member Erickson, and carried 5-0, the Certificate for Orange County Taxi was approved with the condition that an updated insurance certificate be provided within three days of issuance of the Certificate of Public Convenience and Necessity. MOTION On motion by Vice Mayor Humphrey, seconded by Mayor Genis, Staff Directed and carried 5-0, staff was directed to develop a method of recording to Develop Tracking and tracking all pertinent information when a taxicab company Method receives any type of violation. The City Manager suggested that this is an information item only unless ordinance amendments are required. PUBLIC HEARING The City Clerk announced that this was the time and place set for SP -84-01A the public hearing to consider Specific Plan Amendment SP -84-01A Falasco/Lustbader for Dale Falasco, 15435 Jeffrey Road, Suite 131, Irvine, authorized agent for Alfred Lustbader, same address, for an amendment to allow deletion or modification of development standards, including the 10 -foot deep, landscaped setback requirement between 82 MOTION Resolution 93-3 Adopted I commercial and residential development along East 17th Street between Santa Ana � and Irvine Avenues in a Cl zone. Environmental Determination: Negative Declaration. I The Deputy City Manager/Development Services reviewed the Agenda Report dated January 6, 1993, and presented an overhead transparency .of the site plan showing the applicant's property at the corner of Irvine Avenue and 17th Street. f Council Member Erickson stated that his residence is in the general area of this application; however, the City Attorney has advised by memorandum dated January 14, 1993, that it would be appropriate for him to vote on this issue. Dale Falasco, authorized agent for the applicant, addressing the Planning staff s Recommendation (A), pointed out that the property on the south side of 17th Street would require the 10 -foot buffer because the adjacent residential lots are more shallow than those on the north side, and there is a 5 -foot public utility easement at the 'rear of the north side property which provides an additional buffer, I lus an 8 -foot masonry wall 5 feet back from the property line. He 'reported that the intent was to take the 8 -foot wide parallel parking 'spaces and turn them perpendicular to the driveway which would create 13 additional spaces. Jeff Compton, owner of Los Primos Cantina, 488 East 17th Street, Costa Mesa, supported the proposed additional parking spaces and stated that he believed they would be used solely by employees for long-term parking. The City Manager clarified that Council was currently addressing the Specific Plan Amendment; and, if approved, the parking revisions would be considered at a future date. Sid Soffer, 900 Arbor Street, Costa Mesa, pointedout that many problems in the City are caused by commercial property abutting residential property, and questioned why residential owners were not 'also burdened by the cost of creating a buffer. He suggested that the responsibility for the buffer should be shared. i Matt Fidium, representing Wok Spirit Restaurant, 488 East 17th ;Street, Costa Mesa, spoke in support of the revised parking scheme ;proposed as this center is very popular, and it would reflect a (positive change. i !Nick Wassiliew, owner of Dirt Cheap Plant Company, 488 East 17th Street, Costa Mesa, pointed out that a decision in favor of the revised parking would be beneficial because there are not enough parking spaces to accommodate all the employees that work at this location. ;There being no other speakers, the Mayor closed the public hearing. A motion was made by Council Member Buffa, seconded by Council Member Hornbuckle, to adopt the Negative Declaration and DeMinimis Findings by adopting Resolution 93-3, A RESOLUTION OF THE CITY ' COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING SPECIFIC PLAN AMENDMENT SP - 84 -01A, WHICH AMENDS DEVELOPMENT STANDARDS OF SPECIFIC PLAN SP -84-01, revising the addendum by deleting Item 1 and substituting,the following, "1. Properties on the south side of the 400 block of the Specific Plan area shall maintain a 10 -foot deep landscape buffer. For properties on the north side of the 400 block of the Specific Plan area, a 5 -foot deep landscape buffer shall be maintained as. measured from the rear or northerly property line."; with the finding that the positive impact of the additional parking will be far greater than any positive impact of retaining the 10 -foot setback versus the 5 -foot setback. Council Member Hornbuckle expressed concern regarding the fact that on -street parking has been allowed all along East 17th Street which is increasingly dangerous and suggested that -offering additional parking to the businesses with parking problems should be investigated in the near future. The motion carried by the following roll call vote: AYES: Gems, Humphrey, Hornbuckle, Buffa, Erickson .NOES: None - ABSENT: None Mayor Genis pointed out that the Specific Plan Amendment has been approved; however, 'the parking layout was not approved at this point, and she requested further investigation of the plan. PUBLIC HEARING The City Clerk announced that this was the time and place set for PA -92-80 the public hearing to consider a request from Vice Mayor Jay Pearce Humphrey for Council Review of the Planning Commission's denial of Planning Action PA -92-80, Cameron Pearce, 711 West 17th Street, Unit J-2, Costa Mesa, authorized agent for Garth Von Riedl, 16602 Wellington Lane, Huntington Beach, for a Conditional Use Permit for a multi-purpose venue for organized events, with offset hours of operation, in an industrial park located at 711 West 17th Street, Unit J-2, in an MG zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. Communications were received in support of the project from the applicant; Linda Scheck, Associate Director, Alzeimer's Association of Orange County, 1540-A North Santiago Boulevard, Orange; Liz Polo, Director of Special Events, Cystic Fibrosis Foundation, 2150 Towne Centre Place, Suite 120, Anaheim; Laura Rooney, owner, Worldwide Information Transfer Service, 6700 West Ocean Front, Newport Beach; Manager, Best Care Medical Equipment, Incorporated, 711 West 17th Street, Unit C-7, Costa Mesa; R. E. Mowar, 19056 Singing Wood Circle, Trabuco Canyon; B. Murphy, owner, St. Ives Custom Caterers, 6100 Pacific Coast Highway, Newport Beach; Randon Sargent, 560 36th Street, Manhattan Beach; Thomas Gable, Sole Proprietor, Potential San Diego Select Care Franchise, 2270 Peppermint Lane, Lemon Grove; and nine signed form letters indicating no objection. Communications were received in opposition to the project from owners and tenants at 711 West 17th Street, Costa Mesa: Allen E. Warren, Educational Dealers & Suppliers Association, Unit J-5; Chris and Jack Myers, Newport Harbor Locksmith, Unit J-3; Board of Directors, Mesa Business Center, and Mesa Business Center Homeowners Association, Unit G-10; Tom Forbes, Forbes/Ferry & Associates, Incorporated, Unit H-3; Jan Lyttle, Administrative Assistant to the Chief Executive Officer, The Troy Investment Plan, Unit C-1; Paul Stanton, Intra West, Unit D-6; H. L. Andersen, Intra West Sales, Unit B-9; Hubert Williams, Unit J-7; Abe Khadem, Noor Electrical, Unit J-4; R. Michael Hall, Chief Executive Officer, The Troy Investment Fund, Unit C-1; R. E. Howard, Owner, PrintMasters of Costa Mesa, Unit A-7; Frank W. Lynch, owner, Unit H-4; Allen Warren and Forrest Goff, owners, Unit J-5; Gregory P. Johnson,. GPJ Products, Unit B-10; Frank W. Lynch, Unit H-4; and a petition from owners and tenants with 46 signatures. M The Deputy City Manager/Development Services reviewed the Agenda Report dated January 12, 1993, and presented an overhead site plan illustrating the units in this complex. Bill Lindberg, President, Board of Directors, Mesa Business Complex, and owner of Units F-2 and F-3, expressed concern with respect to liability, safety, fire hazards, and other related items concerning this complex if the proposed application were approved. He stated there had been reports of parties held in the subject unit during the evening, and suggested stipulations be made regarding security, liability insurance, etc. Cameron Pearce, representing the applicant, stated the main reason for the request is to hold promotional and training seminars for the expansion of the Select Care Video Registry business, and to make the space available to other nonprofit organizations for seminars, corporate meetings, and extension workshops. He stated that a petition had been circulated to tenants and owners in the Mesa Business Complex to better inform them of the intended use of the space. He presented a petition to the City Clerk, the names in which are included above. He then responded to questions from Vice Mayor Humphrey by stating: the previous tenants that occupied the warehouse area, the Art Loft, had vacated the premises in May of 1992, and previous gatherings that had caused the tenants concern were, in fact, sponsored by the Art Loft; regarding the proposed use, there ,would be no food preparation on the premises, all activity would be inside the unit, no live entertainment would be presented, and parking security would be supplied; and the maximum size of the proposed seminars would be approximately 30 to 45 people. He reported that the warehouse would be rented out to other groups at affordable fees; however, the area was too small to consider holding weddings, receptions, or parties. The following persons spoke in favor of the approval of Planning Action PA -92-80: Ted Marsham; and Tom Gable, Sole Proprietor, Potential San Diego Select Care Franchise, 2270 Peppermint Lane, Lemon Grove. The following tenants/owners at 711 West 17th Street, Costa Mesa, spoke in opposition: Fred Gillette, Vice President, Board of Directors, Unit F-1; Herbert Williams, Unit J-7; Gene Gaynor, Member, Board of Directors, Unit G-2; Lillian Lujan, Secretary to the Board of Directors, Mesa Business Center, and employed by Troy Investment Fund, Unit G-10; Jan Lyttle, Administrative Assistant to the Chief Executive Officer, Troy Investment Fund, Unit C-1; Harold Andersen, Unit B-9; and Chris Myers, Unit J-3. Julie Larnard, Lordon Property Management Company, 101 Pacifica, Suite 200, Irvine, also spoke in opposition. Laurie Haybrook, an employee of a business at the Mesa Business Center, related that her employee was in favor of this application, and she did not believe that the opposition's petition was valid because of the limited information provided. Mr. Pearce spoke again rebutting the comments and allegations made by Ms. Lujan and members of the Board, and reiterated the intention of the proposed use. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that a Fire Department occupancy permit would be needed, and any occupancy over 50 people would necessitate the installation of panic hardware. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Council Planning Commis- Member Erickson, and carried 5-0, the Planning Commission's sion's Denial of denial of Planning Action PA -92-80 was upheld, based on the PA -92-80 Upheld reasons that the Planning Commission cited, particularly that the subject proposal is not compatible with other uses in that area due to the zoning. ANNOUNCEMENT Mayor Genis announced that the Fee Study for implementation of the AB 939 Program would be considered after the second reading and adoption of Ordinance 92-31, pertaining to garbage, refuse, and recyclable materials collection. RECESS The Mayor declared a recess at 8:50 p.m., and the meeting reconvened at 9:05 p.m. OLD BUSINESS The City Clerk presented City Attorney's Report No. 92-68B, and Garbage, Refuse and Ordinance 92-31 for second reading and adoption, pertaining to Recyclable Materials garbage, refuse and recyclable materials collection. The City Collection Attorney reviewed his report dated January 13, 1993, noting that the ordinance had been revised after meetings with the contractors, and pointed out changes on Page 20, Subsection (f), line 7, modify to read, "...requirements of this subsection are superseded by any requirements of... "; and on Page 22, Paragraph (4), lines 11 and 12, modify to read, "...Finance Department on or before the 15th day after each quarterly report, or of such other reporting period as... ". Madeline Arakelian, owner of South Coast Refuse Corporation and Integrated Recycling Systems, 2021 Business Center Drive, Irvine, commented that only one short meeting was held between the trash haulers and the City on the previous Friday. She voiced concern regarding Subsection (1) on Page 4, Material Recovery Facility, asking why she must take material elsewhere when she has a recycling company. She objected to providing the City with a financial report audited by a Certified Public Accountant as it is private information, and suggested providing a letter from her bank to verify ability to pay. She asked why Costa Mesa Disposal had their dump fee paid by the Costa Mesa Sanitary District. Nancy Arakelian, employee at South Coast Refuse Corporation and Integrated Recycling Systems 2021 Business Center. Drive, Irvine; referring to Page 4, Subsection (o), Recycling, commented that there is nowhere in Orange County to recycle that could conform to this definition. Sid Soffer, 900 Arbor Street, Costa Mesa, understood that a small hauler would be required to pick up trash in Costa Mesa, go to the dump, have the trash weighed and certified, then return to Newport Beach, and go back to the dump for the same procedure. He questioned the 75 cents per ton charge. The City Attorney responded that the State allows a fee to be adopted to pay for this process, the ordinance permits the fee, and the next item on the agenda presents the fee study. The Public Services Director explained the procedure of refuse collection and the State requirements. A lengthy question and answer period ensued regarding the proposed fee, collection of that fee, and the pickup of trash. Dolores Otting, 5 Star Rubbish Service, 2130 Canyon Drive, Costa Mesa, provided information to Council that had been previously submitted to the. State regarding the total tonnage deposited in landfills. She reviewed this information, and stated that the 75 -cent per ton fee would not cover the cost because one third of trash is green waste, and suggested that the business community should be involved in this process as they will be paying the fee. i ay Ware, Ware Disposal Company, 1016 East Stafford Street, Santa Ana, also addressed the requirement for a certified financial tatement reporting that the cost to provide this would be Lpproximately $3,000.00 each year which would put a serious inancial hardship on his small company. 'ic Mazmanian, Division Manager, Western Waste Industries, 6281 Construction Circle West, Irvine, commended staff and .ouncil on the proposed ordinance and pledged support. Motion to Continue A motion was made by Vice Mayor Humphrey to continue this item Died ito February 1, 1993, to allow for a meeting between staff and the trash haulers to address some of the concerns that have been !discussed. The motion died for lack of a second. MOTION iA motion was made by Council Member Buffa, seconded by Council Ordinance 92-31 (Member Erickson, to give second reading and adopt Ordinance 92 - Adopted 1319 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY [OF COSTA MESA, 'CALIFORNIA, AMENDING ARTICLE 1, CHAPTER IV OF TITLE 8 OF THE COSTA MESA MUNI- CIPAL CODE PERTAINING TO GARBAGE, REFUSE AND RECYCLABLE MATERIALS COLLECTION, with Section 8-83(f), ;Page 20, line 7, modified to read, "...requirements of this subsection ;are superseded by any requirements of..."; and Section 8-84(b)(4), !Page 22, lines 11 and 12, modified to read, "...Finance Department Ion or before the 15th day after each quarterly report, or of such other reporting period as...". Substitute Motion i A motion was made by Vice Mayor Humphrey, seconded by Mayor Died 1 Genis, to give second reading and adopt Ordinance 92-31, holding in abeyance Section 8-84(b)(4) until such time that the actual fee has been determined. After discussion, Mayor Genis withdrew her second and the motion died. AMENDED i Council Member Buffa amended the original motion by changing MOTION Section 8-84(b)(4); Page 22, line 1, to read, "A Source Reduction Ordinance 92-31 and Recycling fee shall be imposed by resolution of the City Council Modified pursuant to the California Public, Resources Code Section 41902 and this section." deleting the balance of subsection (4). Council Member Erickson seconded, and the amended motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, i Buffa, Erickson NOES: None ABSENT: None OLD BUSINESS AB 939 Fee Study The City Clerk presented the Fee Study for implementation of the AB 939 Program: (a) Fees in accordance with Option 2; (b) Application review fee of $460.00 per year; and (c) Direction to staff to prepare a fee resolution and to send notifications of a hearing. The Public, Services Director thoroughly reviewed the Agenda Report dated January 11, 1993, and the Supplemental Agenda Report dated January 13, 1993. He reported that a draft of this report was previously forwarded to the trash haulers and a meeting was held on, January 8, 1993, and consensus was reached 1 that Option 2 appeared to be most equitable, 75 cents per ton, found on Agenda Report dated January 11, 1993, Page 4, Table 1, Funding Options. MOTION/Items (a) A motion was made by Council Member Hornbuckle, seconded by and (c) Continued to Council Member Buffa, to continue the following items to February February 1, 1993 1, 1993: Item (a), Fees in accordance with Option 2, and Item (c), A direction to staff to prepare a fee resolution and to send notifications of a hearing. Referring to the "per ton" charge option, Mayor Genis stated she did not know if that was a practical solution, and requested additional information as to whether or not it is actually feasible. Council Member Hornbuckle stated this continuance would give the trash haulers an additional two weeks to resolve these issues and to arrange meetings between the haulers and staff. Dolores Otting, 5 Star Rubbish, stated that the intent of this program was to make sure that everyone was on an equal playing field, and she thought the consultant should be chosen through the bid process rather than utilizing proposals. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if this fee was being adopted without public input, and the City Attorney responded that input would be taken at the next meeting. The motion carried 5-0. MOTION On motion by Council Member Hornbuckle, seconded by Council Staff Directed to Member Buffa, and carried 5-0, staff was directed to prepare a fee Prepare Resolution resolution regarding the application review fee of $460.00 per year. OLD BUSINESS The City Clerk presented for second reading adoption Ordinance 93- R-92-06 1, changing the zoning of properties located in General Plan Planning Area No. 4 Planning Area No. 4, excluding Site N, to zoning consistent with the 1990 General Plan, in connection with Rezone Petition R-92-06. MOTION On motion by Council Member Erickson, seconded by Vice Mayor Ordinance 93-1 Humphrey, Ordinance 93-1, AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REZONE PETITION R-92-06, CHANGING THE ZONING OF PROPERTIES 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, was given second reading and adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Erickson NOES: Buffa ABSENT: None Council Member Buffa requested that the financial impact on the City of any decrease in zoning or zoning densities be provided at future meetings. The City Manager replied that general information could be supplied based on the percentage impact on revenue; however, the City's portion of the revenue continues to be decreased every year. He suggested also looking at this from both the revenue and expenditure side. OLD BUSINESS The City Clerk presented for second reading and adoption, R-92-07 Ordinance 93-2, changing the zoning of property at 1736, 1738, Site X, Planning 1740, and 1744 Anaheim Avenue (identified as Site X in General Area No. 1 Plan Planning Area No. 1) from CL to R2, to be consistent with the 1990 General Plan, in connection with Rezone Petition R-92-07. Sid Soffer, 900 Arbor Street, Costa Mesa, noted the lack of participation by the landowners affected by these ordinances, and in response to a question from Mr. Soffer, the City Attorney stated that the legal nonconforming status of properties are treated differently for commercial versus residential, citing Title 13 of the Costa Mesa Municipal Code. Council Member Hornbuckle stated for the record that public input of considerable volume was taken when the General Plan was adopted and.also also when these ordinances were given first reading. MOTION On motion by Council Member Hornbuckle, seconded by Council Ordinance 93-2 Member Erickson, Ordinance 93-2, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE ZONING OF THE PROPERTY ADDRESSED 17361 1,738, 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 second reading and 'adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Erickson NOES: Buffa ABSENT: None OLD BUSINESS R-92-08 Planning Area No. 3 MOTION Ordinance 93-3 Adopted The City Clerk presented for second reading and adoption Ordinance 93-3, changing the zoning of properties located in General Plan !Planning Area No. 3 to zoning consistent with the 1990 General ;Plan, in connection with Rezone Petition R-92-08. i I On motion by Vice Mayor Humphrey, seconded by Council Member Hornbuckle, Ordinance 93-3, AN ORDINANCE OF THE CITY !COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTIES IN SITES A THROUGH F; A PORTION OF SITE G; H; K; A PORTION OF SITE M; AND A PORTION OF SITE O, LOCATED IN GENERAL PLAN PLANNING AREA NUMBER THREE TO j ZONING CONSISTENT WITH THE 1990 GENERAL PLAN, BY ADOPTION OF REZONE PETITION R-92-08, was given second Treading and adopted by .the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Erickson NOES: Buffa ABSENT: None OLD BUSINESS The City Clerk presented for second reading and adoption Ordinance Regulations for Food 193-4, amending certain sections of Title 13, and adding Article 16.5 or Beverage Estab- to Title 13 of the Costa Mesa Municipal Code relating to regulation lishments of establishments where food or beverages are served. MOTION On motion by Council Member Hornbuckle, seconded by Council Ordinance 93-4 Member Erickson, Ordinance 93-4, AN ORDINANCE OF THE Adopted ! CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, AMENDING CERTAIN SECTIONS OF TITLE 13, AND ADDING ARTICLE 16.5 TO TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE REGULATION I OF ESTABLISHMENTS WHERE FOOD OR BEVERAGES ARE SERVED, was given second reading and adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None a OLD BUSINESS The City Clerk presented for second reading and adoption Ordinance Special Event 93-5, amending Title 5 of the Costa Mesa Municipal Code regarding Street Banners special event street banners. MOTION On motion by Council Member Buffa, seconded by Council Member Ordinance 93-5 Hornbuckle, Ordinance 93-5, AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 5 OF THE COSTA MESA MUNICIPAL CODE REGARDING SPECIAL EVENT STREET BANNERS, was given second reading and adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None NEW BUSINESS The City Clerk presented an amendment to the Heliport Policy Amendment to - delegating annual review to the Planning staff. The Deputy City Heliport Policy Manager/Development Services reviewed the Agenda Report dated December 23, 1992. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Amendment Approved Hornbuckle, and carried 5-0, the amendment was approved. CITY ATTORNEY The City Attorney requested a closed session pursuant to REPORTS Government Code Sections 54956.9(a) and 54956.9(b)(1) to discuss Request for Closed the following: Marcel Yelverton v. City of Costa Mesa, et al., Session: Yelverton Orange County Superior Court Case No. 70-01-15; Potential v. City; County v. condemnation action by County of Orange v. City of Costa Mesa City; Wagner concerning Parcels E01 -R401, R402 and R802, Santa Ana River Project; and Potential litigation by Douglas Wagner concerning failure to issue building permit for a car wash at 785 Victor Street, previous Orange County Superior Court Case No. 58-71-92. Mayor Genis announced that closed session would be held at the end of regular business. CITY MANAGER The City Manager presented his request for waiver of formal bid REPORT process for award of the contract for pavement testing and analysis of Mesa Verde Drive East (Adams Avenue to Harbor Boulevard), Pavement Testing Fair Drive (Harbor Boulevard to Fairview Road), and Placentia on Various Streets Avenue (Wilson Street to 19th Street) in order to meet application deadline for the Arterial Highway Financing Program, as detailed in the Agenda Report from the Public Services Director dated December 29, 1992. MOTION On motion by Council Member Hornbuckle, seconded by Vice Waiver Granted Mayor Humphrey, and carried 5-0, the waiver was granted. COUNCIL Council Member Erickson expressed thanks to the Mesa del Mar COMMENTS Homeowners Association for $500.00 donated for the Teen Center to be established at Rea Community Center. He announced that Save Our Youth donations should be made payable to the City of Costa Mesa and forwarded to the City Manager's office, and indicate on the check Flood Control SOY (Save Our Youth). He passed along thanks to the City from a resident for the work done on flood control. Human Relations Council Member Hornbuckle agreed that it was nice to see College Committee Park high and dry during the recent flooding. - She announced that the Human Relations Committee is being honored for its work in the Living Room Dialogue Program, and an awards ceremony will be held at California State University Fullerton, Titan Plaza, Saturday, January 23, 1993, 7:00 p.m. to 9:00 p.m., and thanked Eleanore Warrant List Evening Work Schedule j Humphrey for her efforts. She commented that the Warrant list has been improved by the Finance Department over the years as it. is more understandable: since the funds and number of funds are now listed. Vice Mayor Humphrey stated that the City of Placentia recently introduced evening work hours to accommodate the public, and would like to see Costa Mesa do likewise. Rain Induced Mayor Genis also noted the improvements in the flood control and Problems thanked the City personnel, especially Public Services and Emergency Services .personnel who participated this past weekend in assisting with the rain induced problems, including the enormous hole on Superior. Avenue. ADJOURNMENT TO I At 11:OO.p.m., Mayor Genis adjourned the meeting to a closed CLOSED SESSION session in the first floor Conference Room to discuss the items that were previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 11:25 p.m., and the action RECONVENED taken during closed session was announced. i MOTION By a vote of 5-0, Council authorized the settlement as outlined in the Yelverton v. City City Attorney's confidential memorandum dated January 11, 1993, Settlement Authori- regarding Marcelle Yelverton v. City of Costa Mesa, et al., Orange zed County Superior Court Case No. 70-01-15. MOTION County v. City Statutory Offer Rejected MOTION Wagner Settlement Authorized ADJOURNMENT By a vote of 5-0, Council rejected the County's statutory offer to purchase parcels as outlined in the City Attorney's Confidential Memorandum dated January 12, 1993, regarding the potential condemnation action by County of Orange v. City of Costa Mesa concerning Parcels E01 -R401, R402 and R802, Santa Ana River Project. By a vote of 5-0, Council authorized settlement regarding the potential litigation by Douglas Wagner, to include extension of the Conditional Use Permit on the same terms and conditions, and issuance of a building permit for the five -bay, self -serve car wash at 785 Victoria Street, (prior'Orange County Superior Court Case No. 58-71-92). The Mayor declared. the meeting adjourned at 11:30 p.m. Mayor of the City of Costa Mesa ATTEST: F City Clerk of the City of Costa M a