Loading...
HomeMy WebLinkAbout10/16/1995 - City CouncilC3 ROLL CALL MINUTES October 2, 1995 ORDINANCES AND RESOLUTIONS Officials Welcomed Sacramento Update by Assemblywoman Brewer REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 16, 1995 City Council of the City of Costa Mesa, California, met in ular session October 16, 1995, . at 6:30 p.m., in the Council embers of City Hall, 77 Fair Drive, Costa Mesa. The meeting i called to order by the Mayor, followed by the Pledge of egiance to the Flag led by Council Member Genis, and invocation Chaplin Lloyd Sellers, Hoag Memorial Hospital -Presbyterian. Members Present: Mayor Joe Erickson Mayor Pro Tem Buffa Council Member Mary Hornbuckle Council Member Sandra Genis Council Member Gary Monahan :.. Members Absent: None Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Community Services Director Keith Van Holt Associate Planner Carol Proctor Administrative Services Commander Richard Greer Deputy City Clerk Ruth Delaney On motion by Mayor Pro Tem Buffa, seconded by Council Member Monahan, and carried 5-0, the minutes of the regular meeting of October 2, 1995, were approved as distributed. A motion was made by Council Member Hornbuckle, seconded by Mayor Pro Tem Buffa, and carried 5-0, to read all ordinances and resolutions by title only. Mayor Erickson welcomed Trudy Ohlig, President of the Mesa . Consolidated Water District Board; and Evelyn Hart, former Newport Beach Mayor and Council Member. Mayor Erickson introduced State Assemblywoman Marilyn Brewer, the City's representative in Sacramento (70th District), who was present to update her constituents on recent legislative activities. She reported that a State budget was adopted and the big winners were the school districts, having received $3.3 billion, including $3,000.00 for each classroom to spend as deemed appropriate, an increased allocation of $200.00 per student, and a retention of gees at present levels for higher education students. Assemblywoman Brewer also reported that welfare costs were reduced by 9.8 percent, - resulting in a cost reduction of $394 million;:_ there were no new taxes or fees; and there were no significant reductions to`the cities or counties. Assemblywoman Brewer added' -that legislation was passed abolishing the trip reduction and ride -share programs, thereby. saving millions of dollars for public agencies and .businesses. In . closing, she emphasized that she is available and accountabTP...to the 1 City Council and the ' citizens of Costa Mesa, and was looking forward to ongoing dialogue with the community. ORAL COMMUNI- Trudy Ohlig, President of the Mesa Consolidated Water District CATIONS Board, 3080 Johnson Avenue, Costa Mesa, stated that the Board is working diligently to rectify the problems citizens have brought to Mesa Consolidated the attention of the Board and the City Council. In order to provide Water District ongoing discussions with -the community, she announced that the Board has scheduled workshops for the first and third Thursdays of the month from 3:00 p.m. to 6:00 p.m. She mentioned that the regular District Board meetings are held on the second and fourth Thursdays from 7:00 to 10:00 p.m. Ms. Ohlig reported that Mike Healey is the newly appointed Board Member and is doing a superb job. The City. Manager suggested having City staff place these schedules on the Cable TV bulletin board. Traffic Signals on Ellie M. Oliver, 3,366 Wisteria Circle, Costa Mesa, representing South Coast Drive Green Brook Tract' residents, asserted that too many traffic signals are being installed on South Coast Drive between Fairview Road and Bear Street, making it difficult to exit the tract. She submitted documents relating to this issue and asked that City and CALTRANS staff work on a better plan for traffic safety than the one presently being pursued. The City Manager suggested that the Public Services Director schedule a meeting with the Green Brook Tract residents to discuss the situation. Shopping Carts Phil Morello, 1715 Samar Drive, Costa Mesa, thanked Council and staff for aggressively enforcing the shopping cart ordinance. He Illegal Aliens also supported the actions of the police officers who removed illegal aliens from Lions Park and turned them over to the INS (Immigra- tion and Naturalization Service). Unsafe Condition at Cathy Hilterbran, 2507 Christopher Lane, Costa Mesa, submitted a Harbor Boulevard letter from Vantage Foundation which addresses the unsafe condition and Nutmeg Place for the handicapped attempting to cross Harbor Boulevard at Nutmeg Place. ' The Mayor, asked for the status of proposed improvements for this location. The Public Services Director reported that at the Council meeting of November 6, 1995, he will be requesting Council to waive some of the requirements of Americans with Disabilities Act (ADA) so staff will be able to install a temporary ramp with the intent of installing full improvements in approximately 18 months along with the Measure "M" project proposed for that site. Mayor Erickson asked the Director to make sure that Ms. Hilterbran and the people at Vantage Foundation receive copies of the Agenda Report for that item. Disposal of Illegal Ernie Feeney, 1154 Dorset Lane, Costa Mesa, related incidents she Substances into the reported to the City last week: On Thursday, a white, milky fluid City's Sewer System was draining across Dorset Lane, down the gutter to Arthur Avenue and around to Paularino Avenue; on Friday morning, ' a pink fluid was draining down the same streets`: She reported that after some investigation, she determined that the fluids were coming from the shopping center on the northeast corner of Fairview Road and Baker Street, because painters were working there and pink paint was splattered on the private property at the catch basin. Mrs. Feeney stated that during discussion with the Public Services Director and the Deputy City Manager/Development Services this evening, she learned that the City does not issue a citation for spilling paint or chemicals into the sewer system unless staff actually witnesses the act. The Deputy City Manager revealed that the court will not prosecute these cases unless there is an eye witness. Council Library Services CONSENT CALENDAR MOTION/Approved Except Items 9 and 14 READING FOLDER Claims Alcoholic Beverage License BUSINESS PERMIT Approved Permit for Knights of Columbus SET FOR PUBLIC HEARING Public Hearing Set November 6, 1995, for South Coast Cab Public Hearing Set November 6, 1995, for Rainbow Express Cab Public Hearing Set November 6, 1995) for West Coast Cab Adopted Resolution 95-81, Setting a Public Hearing on November 20, 1995 Member Genis stated that the City is responsible for that which spews out of its gutters and storm drains, and citations are issued without anyone witnessing the illegal act. She felt there were many City ordinances not being enforced. Mayor Erickson announced that there are now new hours for code enforcement on weekends. Eleanor Humphrey, 1684 Whittier Avenue, Costa Mesa, urged Council to pursue discussions with the City of Newport Beach on providing enhanced library services for both communities. She suggested_ formation of a committee to assist in this matter. Mayor Erickson stated that the Newport Beach City Council will be addressing the library issue at their meeting this week. The City Manager reported that a committee formation application will be brought to Council to develop an ad hoc committee. The following items were removed from the Consent Calendar: Item 9, Bid. Item No. 984, Annual Purchase of Asphalt; and Item 14, Completion of Phase I Slurry Seal Program and Citywide Street Maintenance, Project No. 94-05, by All American Asphalt. On motion by Mayor Pro Tem Buffa, seconded by Council Member Genis, and carried 5-0, the remaining Consent Calendar items were approved as recommended. The following Reading Folder items were received and processed: Claims received by the Deputy City Clerk: , Trinon L. Cirello; Edna M. Gallagher; Richard Garcia; Jimmy Goodgome; Timothy M. Manning; and Michele Houston Ventresca. Alcoholic Beverage License for which parking has been approved by the Planning staff: Allan R. Rastedt, doing business as Tin Lizzy Saloon, 752 Saint Clair Street. Notice of Intention to Appeal or Solicit for Charitable Purpose from Knights of Columbus, 270 Robin Hood Lane, Costa Mesa, by offering Tootsie Rolls for donations from October 21 to 23, 1995, at Stater Brothers Market, 1175 Baker Street, and K -Mart, 2200 Harbor Boulevard, was approved pursuant to Municipal Code Section 9-229. Request for modification of a Certificate of Public Convenience and Necessity from Sawas Roditis, doing business as South Coast Cab Company, 10700 West Katella Avenue, Unit C, Anaheim, was set for public hearing on November 6, 1995, at 6:30 p.m. Request for modification of a Certificate of Public Convenience and Necessity from Victor Ashna, doing business as Rainbow Express Cab Company, 10501 Florence Street, Cypress, was set for public hearing on November 6, 1995, at 6:30 p.m. Request for modification of a Certificate of Public Convenience and Necessity from Hossein Nabati, doing business as West Coast Cab Company, 2406 South Main Street, Santa Ana, was set for public hearing on November 6, 1995, at 6:30 p.m. Resolution 95-81, A RESOLUTION OF THE CITY COUNCIL OF : THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF LOT "D", TRACT NO. 3433, was adopted, setting a public hearing November 20, 1995, at 6:30 p.m. 1 11 c Adopted Resolution Resolution 95-82,� A RESOLUTION OF, THE CITY 95-82, Setting a COUNCIL OF . THE . CITY OF COSTA MESA, Public Hearing on CALIFORNIA, . DECLARING ITS. INTENTION TO ORDER November 20, 1995 THE VACATION . OF A 10 -FOOT STORM DRAIN EASEMENT WITHIN A PORTION OF LOT 1, TRACT NO. 12607, was adopted, setting a public hearing on November 20, 1995, at 6:30 p.m. Approved Warrant Warrant Resolution 1608, funding City operating expense for 1608 and Payroll $1,126,381.44; and Payroll 9519 in the amount of $1,300,957.52, 9519 were approved. ADMINISTRATIVE Resolution 95-83, A RESOLUTION OF THE CITY ACTIONS COUNCIL OF THE CITY OF COSTA MESA, Adopted Resolution CALIFORNIA, APPROVING EXECUTION OF SUPPLEMENT 95-83, Authorizing NO. 013 TO THE STATE LOCAL TRANSPORTATION State Supplement 013 PARTNERSHIP PROGRAM AGREEMENT BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF COSTA MESA, was adopted. Approved Supplement Supplement No. 013 to State. Local Transportation Partnership 013, Rehabilitation Program Agreement SLTPP-5312 for pavement rehabilitation of of Continental and Continental Avenue and Senate Street, from Wilson Street to Senate Republic Avenue, was approved, and the Public Services Director and Deputy City Clerk were authorized to sign on behalf of the City. Approved Agreement An 'agreement with the Orange County Humane Society, 21632 with Orange County Newland Street, Huntington Beach, for $42,000.00, to continue to Humane Society for provide animal shelter and related services for fiscal year 1995-96, Animal Shelter was approved; and the Mayor and Deputy City Clerk were Services authorized to sign on behalf of the City. Approved Agreement An agreement with Traffic Counts Inc., 170 East 17th Street, Suite with Traffic Counts 110, Costa Mesa, in an amount not to exceed $23,000.00, for annual for Collection of collection of traffic volume data, was approved; and the Mayor and Traffic Data Deputy City Clerk were authorized to sign on behalf of the City. Accepted Work for Reconstruction of Sidewalks, Curbs, Gutters, Cross Gutters, Reconstruction of Wheelchair Ramps, Driveway/Driveway Approaches at Various Sidewalks, Curbs, Locations Citywide, Project No. 94-17, was completed to the Gutters, Etc., Project satisfaction of the Public Services Director on October 2, 1995, by No. 94-17, by Bopark Bopark Enterprises, Inc., 8560 Vineyard ' Avenue, Rancho Enterprises Cucamonga. The work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Accepted Work for Bus Turnout Construction on Harbor Boulevard and on Fair Drive, Construction of Bus Project No. 95-06, was completedto the satisfaction of the Public Turnouts on Harbor Services:_ Director on July 7, 1995, by West Coast Construction, and on Fair, Project 3621 Morning Star Lane, Norco. The work was accepted; the No. 95-06, by West Deputy City Clerk was authorized to file a Notice of Completion; Coast Construction authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Bid Item No. 984, Item 9 on the Consent Calendar was presented: Bid Item No. 984, Annual Purchase of Annual Purchase of Asphalt. The bids are on file in the City Asphalt. Clerk's office. The Public Services Director suggested changing the dc® MOTION Contracts Awarded to Industrial Asphalt, Blue Diamond, and R. J. Noble Completion of Phase I Slurry Seal Program and Citywide Street Maintenance, Project No. 94-05, by All American Asphalt MOTION Work Accepted PUBLIC HEARING Appeal of ZA-95-09, Cohen recommendation shown on the Agenda, which designates a specific amount for each of the three contractors, and instead, awarding the contracts for the total annual amount so that staff will have the latitude of obtaining the type of asphalt needed at a particular time. On motion by Mayor Pro Tem Buffa, seconded by Council Member Hornbuckle, and carried 5-0, contracts were awarded to Industrial Asphalt, 1401 East Warner Avenue, Santa Ana; Blue Diamond Materials, 16080 Arrow Highway, Irwindale; and R. J. Noble Company, 15505 East Lincoln Avenue, Orange, for a total amount not to exceed $132,000.00 per year. Item 14 on the Consent Calendar was presented: Completion of Phase I Slurry Seal Program and Citywide Street Maintenance, Project No. 94-05, by All American Asphalt, Post Office Box 2229, Corona. The Public Services Director requested a slight modification to the recommendation shown on the Agenda based on some disputed slurry seal work. He asked for authority to withhold a portion of the retention funds after the 35 -day period in case the dispute has not been resolved. On motion by Council Member Hornbuckle, seconded by Mayor Pro Tem Buffa, and carried 5-0, the work was accepted; the Clerk was authorized to file a Notice of Completion; authorization was given to withhold certain retention monies to cover the disputed work, and release the remaining funds 35 days after the Notice of Completion has been filed; the Labor and Material Bond was ordered exonerated 7 months 'thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. The Deputy City Clerk announced that this was the time and place set for- the public hearing to consider an appeal of the Planning Commission's denial of Zoning Action ZA-95-09 from Carolina Cohen, authorized agent for Wilfred R. Cohen, for a 'minor condi- tional use permit to allow a minor building addition consisting of a 550 -square -foot .room above an existing 2 -car garage with a legal, nonconforming setback (20 feet required; 10 feet, 5 inches provided), located at 1855 Capri Circle in an R1 zone. Environ- mental Determination: Exempt., The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Two letters were received from Attorney Denis W. Retoske; 600 Anton Boulevard, Suite 1220, Costa Mesa, opposing the application. A communication was received from Maureen Van De Moere, 3055 Capri Lane, Costa Mesa, supporting the applicant's request. The Deputy City Manager/Development Services reviewed the Agenda Report dated September 29, 1995, and showed. a location map on the overhead screen. Carolina Cohen, authorized agent, submitted photographs ofthe home as it appears today and as it will appear with the addition over the garage. She mentioned that the Codes today are different than those of 30 years ago in that a 20 -foot setback is now required. Ms. Cohen provided a diagram showing several two-story homes in the area, and based on that fact, contended that this project would not negatively affect the character of the neighborhood. Judy Gertner, 3051 Capri Lane, Costa Mesa, spoke in support of the room addition, and stated that there were only two neighbors who opposed the project. 1 11 Denis . Retoske, 1850 Capri Circle, Costa Mesa, provided transparencies of the proposed addition and the view from surrounding properties. Mr. Retoske asserted that the addition is more than double the square footage and height of the existing garage; it would dominate the cul-de-sac and infringe on the neighbors' privacy;: the project is out of character with the uniqueness of the neighborhood and is inconsistent with the low- level structures on the cul-de-sac; the addition would reduce property values; and less intrusive alternatives are available. Peter Viotto, 2025 Mandarin Drive, Costa Mesa, real estate broker and litigation consultant, opposed the variance. on the basis that the property addition does not fit the general character of Capri Circle. He stated that values of the surrounding properties will be negatively affected; however, it would be difficult to determine the extent of devaluation. Jonathan A. Glasgow, architect, 320 Pine Avenue, Suite 610, Long Beach, representing Mr. Retoske, was of the opinion that the proposed addition is architecturally incompatible with the rest of the street. Mr. Glasgow felt that other alternatives were available without placing the structure within the setback. Richard Brown, 1870 CapriCircle, Costa Mesa, opposed the addition to the Cohen home because he felt it was incompatible with the neighborhood. In response to Mayor Erickson's question, Ms. Cohen agreed with Condition of Approval No. 5 in regard to landscaping requirements, including replacement of the fully grown tree which was removed from the property because of sidewalk damage. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Adopted Resolution Member Genis, to adopt Resolution 95-84, A RESOLUTION OF 95-84, Approving THE CITY COUNCIL OF THE, CITY OF COSTA MESA, ZA-95-09 CALIFORNIA, APPROVING ZONING ACTION ZA-95-09, subject to conditions and findings contained in Exhibits "A" and "B" of the Resolution. Council Member Monahan did not support the motion, and agreed with the Planning Commission's findings for denial. He could not support the addition of a second story to a nonconforming setback which is only 10 feet, 5 inches, and felt the project would be detrimental to the neighborhood. The motion carried 4-1, Council Member Monahan voting no. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Glabman Furniture set for the public hearing to consider an application from Karen Lee, Appeal of ZA-95-10, Hamilton & Samuels, 100 Bayview Circle, Suite 6000, Newport McDonald's Beach, representing Sylvia Glabman and Glabman Furniture, Incorporated, 3089 Bristol Street; Costa Mesa, appealing the Planning Commission's approval of Zoning Action ZA-95-10, McDonald's Corporation, authorized agent for Kyotaru Hawaii Corporation, for a minor conditional use permit for construction of a 2,310 -square -foot McDonald's Restaurant with drive-through window, located at 3099 Bristol Street in a C1 zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. 14 A communication was received from Howard Burns, McDonald's Corporation, 4370 La Jolla Village Drive, Suite 800, San Diego, supporting the project. A communication was received opposing the drive-through restaurant, signed by representatives of Glabman Furniture, 3089 Bristol Street; Red Lion Inn, 3050 Bristol Street; Standard Shoes, 3077 Bristol Street; and Victor Boyd, 3100 Bristol Street. Communications from six Trinity Drive households who oppose the project were submitted by Dan Wiggam, 3086 Trinity Drive, Costa Mesa: Fran and Jim Golding (3128), Max Rivero (3083), Phyllis A. Sides (3125), Noel and Katherine Utter (3087), Diane L. Marx (3094), and Alice Goglanian (3118). The Deputy City Manager/Development Services summarized the Agenda Report dated September 29, 1995, and showed the site plan on the overhead screen. He reported that both McDonald's and GlabmanFurniture conducted traffic studies which were reviewed by staff. The Deputy City Manager indicated that the Public Services Director will recommend, if needed, an additional condition which would address any concerns about the left -turn lane on northbound Bristol Street. Council Member Genis asked if any provisions have been made for odor control. The Deputy City Manager stated that staff responds to complaints and will cite the establishment if any codes are being violated. Mayor Erickson asked for clarification of the appellant's concern about McDonald's clientele. The Deputy City Manager replied that Glabman feels that the restaurant drive-through is incompatible with their land use in that drive-through patrons might park illegally in Glabman's parking lot, and throw their trash on the ground., Howard Burns, McDonald's Corporation, stated that based on the documents submitted, he was confident that the proposed project will work well at this site. He noted that there is no dead-end parking; there are circulation choices; and there is a good stacking queue for nine cars. He added that if for some reason, cars cannot be moved through fast enough, the additional cars will affect the McDonald's site only and will., not block street traffic. Mr. Burns agreed to relocating the, bus stop if the traffic engineer believes it should be moved further down Bristol Street. In regard to a study and possible lengthening of the left -turn lane on Bristol Street, Mr. Burns commented that it was his understanding that funding for the work would be obtained from traffic impact fees which are approximately $91,400.00. The Public Services Director explained that traffic impact fees pay for Master Plan improvements, and the cost of the left -turn pocket, which is a localized improvement, would not be covered by those fees. Karen Lee, Land Use Attorney with Hamilton & Samuels, represent- ing Glabman Furniture, showed photographs of the area and addressed technical concerns regarding the compatibility, traffic, and safety issues of this project. Ms. Lee reported that there are 40 fast-food restaurants" on Bristol Street between Warner Avenue and Jamboree Road, and of those, 17 have drive-throughs; however, none of the 17 restaurants are located in an area with this much traffic. Ms. Lee contended that there were four unsafe conditions which must be addressed: (1) the bus stop located in front of the proposed drive-through exit where buses arrive and depart as frequently as every 10 minutes during peak hours; (2) McDonald's will generate excessive traffic on an already very busy street; (3) the queue length of the left -turn pocket on northbound Bristol Street is 1 [I 1' y not adequate to handle the traffic and should be lengthened to 150 feet; and (4) the queue length is not adequate for traffic exiting the Holiday Inn driveway and turning north to enter the freeway. She urged Council to deny the request. The Public Services Director responded to Ms. Lee's concern about the location of the -bus- stop, reporting that the bus stop has been relocated to approximately 300 to 400 feet south, and the bus bench will be relocated next week. Jim Glabman stated that he did not oppose a McDonald's restaurant, but he was concerned about the drive-through. He was worried about his parking lot being used by drive-through patrons after the store closes at 6:00 p.m., and trash being strewn on the property. Mr: Glabman read. the letter of opposition signed by himself, and representatives of the office building at 3100 Bristol Street, Red Lion Inn, and Standard Shoes. Mr. Glabman then read a letter from Gilbert Dembo and'Associates, Beverly Hills, Southern California agent for Rochester Big and Tall, indicating an interest in locating at the McDonald site. Emmett Steed, Red Lion Inn, 3050 Bristol Street, Costa Mesa, commented that McDonald's may not realize the extent to which the drive-through will impact the neighbors. He urged Council to deny the permit. Diane Pritchett, South Coast Metro Alliance, 611 Anton Boulevard, Costa Mesa, had two major concerns: the project not being compatible with the ' businesses in the area; and the possible traffic impact generated by a drive-through restaurant on Bristol Street. Dan Wiegandt, 3086 Trinity Drive, Costa Mesa, whose home is directly behind the McDonald's property, opposed the conditional use permit because most other businesses in the area close by 7:00 p.m., and McDonald's would be open until at least 11:00 p.m., thereby impacting the residents by generating noise, odors, and increased traffic. Other Costa Mesa residents who spoke in opposition to the project were Sally Spargur, 3131 Trinity Drive; and Ms. Hartman, who lives adjacent to the property directly behind the McDonald's site. Howard Burns, of McDonald's, returned to the podium to answer questions from Council, and stated that the restaurant can only operate between the hours of 6:00 a. m. and 11:00 p.m. as required by Code; and that McDonald's has a recorded easement for use of the driveway next to the Holiday Inn and the right to use 12 parking spaces in the parking structure. Mr. Burns added that the parking structure is approximately 15 to 20 feet high; therefore, lights on the subject- site will not impact the residents. The Associate Planner reported that the drive-through :lane is about 146 feet from the residential property line to the left. Responding to questions from .Council Member Genis, the Public Services Director stated that one of the Master Plan improvements in the area which is included in the traffic impact fee would be the addition of a fourth northbound lane on Bristol Street from Baker Street to the Freeway. The Director also reported that if the left - turn lane had to be extended from .90 feet to 120 or 150 feet, the cost would range between $8,000.00 and $10,000.00. Mr. Burns stated he would agree to a maximum cost of $10,000.00 if a study IG showed the extension was necessary. The Director recommended wording for an additional condition of approval: "The developer shall extend the existing northbound Bristol Street left -turn pocket to an appropriate length determined by a study to be done within one year of occupancy. This condition would be waived upon satisfactory demonstration by the developer that the existing pocket is adequate". Mr. Burns asked that a stipulation be added stating that if plan check has commenced for another McDonald's which would change the traffic flow to the subject site, that the 12 -month time frame for the study be extended another year to determine if the impact of an additional store (Newport Boulevard and Del Mar Avenue) on the traffic to the subject site can be analyzed. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Genis, seconded by Adopted Resolution Council Member , Monahan, to adopt Resolution 95-85, A 95-85, Approving RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ZA-95-10 COSTA MESA, CALIFORNIA, APPROVING ZONING ACTION ZA-95-10, subject to conditions and findings contained in Exhibits "A" and "B" of the resolution, adding the condition as stated by the Public Services Director, and the comment by Mr. Burns for an extension of time for the left -turn pocket study if another McDonald's is constructed at Newport Boulevard and Del Mar Avenue which could reduce the traffic to the subject site. Mayor Pro Tem Buffa did not support the motion because of the additional traffic the project would generate on Bristol Street, considering the fact that traffic is already increasing on this thoroughfare, and keeping in mind that as far as regional plans go, Bristol Street could very well be designated a "Super Street". The motion carried 4-1, Mayor Pro Tem Buffa voting no. RECESS The Mayor declared a recess at 8:35 p.m., and the meeting was reconvened at 8:45 p. m. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Council Review of set for the public hearing to consider a request from Council PA -95-42, Ambruster Member Genis, for Council Review of the Planning Commission's decision for Planning Action PA -95-42, Heather R. Armbruster, 216 East 20th Street, Costa Mesa, authorized agent for EMC Mortgage, Inc., 17767 Santiago Boulevard, Suite 61, Villa Park, for a facility to accommodate up to 14 senior residents with a variance from parking requirements (4 spaces required and provided; 3 spaces proposed), located at 1565 Wintergreen Place in an R2 zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Communications opposing the project were received from Randy Chapman, Newport First Realty, 1790 Newport Boulevard, Costa Mesa; William and Patricia Russell, 3111-A Ginger Avenue, Costa Mesa; Bob and Cathy McMahan, 20160 Cooley Road, Bend, Oregon, owners of property at 1565 Wintergreen Place, Costa Mesa; George Marson, -1577 Wintergreen Place, Costa Mesa; Dolly Marson, 1577 Wintergreen Place, Costa Mesa; Ethel and Joseph Thomas, 1597 Corsica Place, Costa Mesa; Gordon L. Cannon, 2016 Kornat Drive,. Costa Mesa, owner of an apartment complex on Ginger Avenue; David Rotering, 1559-A Wintergreen Place, Costa Mesa; Diane Champion, 21321 Bulkhead Circle, Huntington Beach, owner of a duplex adjacent to the subject site; Attorney Denis W. Retoske, 600 Anton Boulevard, Suite 1220, Costa Mesa, representing property owners of the site adjacent to :the subject 1 property; and two from Cheryl A. Firing, 1547-A Wintergreen . Place, Costa Mesa, including a photocopy of a petition submitted to the Planning Commission containing 123 signatures. Communications in support of the project were received from the applicant, Heather Armbruster, 216 East 20th Street, Costa Mesa; Helen Miller, 107 Danbury Lane, Costa Mesa; Bee Biggs -Jarrell, Consultant in Public Health, HC33, Box 1309, Boise, Idaho; Robert B. Rosenberg, The United States E1derCare Referral Agency, 24300 El Toro Road, Building A, Suite 1000, Laguna Hills; James D. Baker III, 2212 DuPont Drive, Suite "U", Irvine; Julie Block, 1634-A Caraway Drive, Costa Mesa; Charles Markel, Pacific Coast Realty Group, 234 East 17th Street, Suite 118, Costa Mesa; Tim K. Stegelvik, D.D.S., :1520 Nutmeg Place, Costa Mesa; and 23 letters previously submitted to the Planning Commission. Council Member%renis announced that she would abstain from voting on this application because of the proximity of her home to the project site. She left the chamber at 8:50 p.m. The Deputy City Manager/Development Services reviewed the Agenda Report of September 29, 1995, reporting that the Planning Commission approved the Conditional Use Permit . by a 3-1 vote. Responding to questions from the Mayor and Mayor Pro Tem, the Deputy City Manager stated that the applicant proposes to combine two units into one unit with seven bedrooms; however, if she were to retain the two units, State Code would allow up to six residents in each unit without City approval or conditions. The City Attorney reported that the applicant has applied for a license from the State under the Residential Care Facility and Elderly Act which is not a 'community care facility license; therefore, in order for the applicant to obtain that six -person -per-unit exemption, she would have to reapply for a different type of license. Based on this information, it was the City Attorney's opinion that Council has a right to impose conditions on the project. Council Member Hornbuckle related that she is a member of the Community Services Policy Committee, League of California Cities, who have been struggling with care facilities regulations, and it seems that if there are six or fewer people living in a home, cities have no authority to regulate. Heather Armbruster submitted an update of the floor plan for the development, photographs of the property prior to remodeling, and a plan for the backyard. She reported that she meets all State requirements for a seniors care facility, noting that there are exits to the outside from each bedroom, and that the home will be handicap accessible. Persons who spoke in support-ofthe seniors home were Stanley Armbruster D.D.S., Laguna Hills; James Baker, 2212 DuPont Drive, Suite "U", Irvine; Debbie Davis, 936 Gardenia Way, Corona del Mar; Pamela Long, Tustin Ranch, health care industry; Toni Jackson, 505-B 35th Street, Newport Beach, overseer of an assisted living home in Huntington Beach; Lynda Park, 18954 Santa Marta, Fountain Valley, administrator in a residential care facility in Westminster; Karen Johnson, 260 Nillanova Road, Costa Mesa; Winifred Wilson, 138 East 18th Street, Costa Mesa, operator of a board and care home for seniors; Megan Williams, 879 East Third Street, San Bernardino, worker in residential care facilities; Robert WE Rosenberg, 28181 Montecito, Unit 52; Laguna Niguel, Executive Director of The United States E1derCare Referral Agency; Pat Murphy, 2182 Mesa Drive, Newport Beach, retired geriatrics nurse; Coleen Aldrich, 17608 La Bonita Place, Cerritos, residential care facility worker; Linda Rummel, 25205 Miles Avenue, Lake Forest; Jim Vocke, 3257 Dakota Avenue, Costa Mesa, operator of several residential care homes; Julia Brown, 276 Sierks Street, Costa Mesa; M61 ise Donaldson, 211 East 20th Street, Costa Mesa; Alwin Parchment M.D., 24414 University Avenue, Loma Linda, physician for 12 residential care homes; Doug Allenthorp, 268 Knox- Street, Costa Mesa, board and care facility operator; Eleanore Humphrey, 1684 Whittier Avenue, No. 35, Costa Mesa; Joyce Livingston, 5828 Magnolia, Rialto, board and care manager; Fern Armbruster, 25070 Daisy Avenue, Loma Linda, operator of homes for the elderly; Anne Shereshevsky, 2152 Elden Avenue, Unit 1, Costa Mesa; Susan Vocke, 3257 Dakota Avenue, Costa Mesa, operator of several residential care homes; Marilyn Wotring, 459 Mountain Road, Laguna Beach, BIA Senior Housing Council; David Sitva, 3103-B Cassia Avenue, Costa Mesa; Nancy Palme, 1997 Kornat Drive, Costa Mesa; and Charles Markel, 121 Baywood, Newport Beach. Neil Horgan, 2827 Nevis Circle, Costa Mesa, was concerned that if the senior home closed down, the neighborhood may be left with a seven -bedroom, single-family house which could be rented to several families. The Associate Planner read Condition of Approval No. 14 which states, "Applicant or owner shall convert the facility to its original status as a duplex if the approved use is discontinued for a period of 180 days. A Land Use Restriction prepared by the. Planning Division shall be recorded to ensure notice of this requirement to future owners Those who, spoke in opposition to the development were David Larned, 1581 Wintergreen Place, Costa Mesa; Gladys Wilson, 1582 Corsica Place, Costa Mesa; Bette Nash-McClary, 1622-A Caraway Drive, Costa Mesa; Charles Robertson, 1885 Tahiti Drive, Costa Mesa; Diane Champion, 21321 Bulkhead Circle, Huntington Beach,. owner of a duplex adjacent to the subject site; David Rotering, 2260 Orange Avenue, Costa Mesa, representing' his interest in 1559 Wintergreen Place, Costa Mesa; Jimmy Kawato, 1547-A Wintergreen Place, Costa Mesa; Cheryl Firing, 1547-A Wintergreen Place, Costa Mesa; Denis Retoske, 600 Anton Boulevard, Suite 1220, Costa Mesa; representing several property owners adjoining the applicant's property; Joan Timko, 3095-A Ginger Avenue, Costa Mesa; Fred Gilbert, 1590 Corsica Place, Costa Mesa; Clyde Brennan, 3099 Ginger Avenue, Costa Mesa; and Colleen Ma, 1547- B Wintergreen Place, Costa Mesa. Mayor Erickson asked the City Attorney to respond to a letter received from Cheryl Firing, 1547-A Wintergreen Place, Costa Mesa. The City Attorney stated that the City is not preempted in this instance, since it is clear that the City can regulate the use as presently proposed through the Conditional Use Permit process. As to the question of .whether the City's General Plan would permit this use,'the City Attorney referred to General Plan Pages 386-388 which address group residential facilities, senior citizen housing, senior citizen congregate care facilities., He stated that when Council adopted the General Plan, they intended for senior housing to be permitted in residential zones. He added that Council has the discretion to determine whether this use is consistent with the General Plan, and to decide if it is compatible with the R2 zone. Responding to questions from Council, Heather Armbruster stated that the residents will- be assisted with their bathing needs; neighborhood children ould be an asset to the tenants, and noise from children at play would not be a problem because many of the aged do nothave full hearing capacity; and the only signage she plans to use is a small plaque on the front door similar to that found on other residences. Ms. Armbruster showed floor plans of the project, indicating that the area is larger than required by State code, and asserted that there is ample space in each bedroom for two individuals. In closing, the applicant asked for deletion of Condition of Approval No. 3b which limits nonambulatory residents to a maximum of six. The Associate -Planner reported that originally the applicant had proposed a maximum of six nonambulatory residents because she could only satisfy certain State requirements. Ms. Armbruster responded that she now can meet the requirements for nine nonambulatory residents :because of architectural changes which include wider,hallways. There being no other speakers, the Mayor closed the public hearing. Council Member Monahan requested clarification of Condition of Approval No. 14, that is, if the applicant were to go bankrupt and did not have the funds to convert back to duplex status, would the new owner be required to do so. The Associate Planner responded that a recorded Land Use Restriction would alert a prospective buyer of that requirement. Mayor Pro Tem Buffa asked if the applicant could house six residents per unit (for a total of 12), under the State preemption if she were to retain the duplex as separate units. The City Attorney responded that if Ms. Armbruster were to relicense her facility as a community care facility, rather than a residential care facility for the elderly, she could acquire the six -person exemption. The City Attorney added that it would be fairly easy to change to another license. The Deputy City Manager/Development Services explained that the license Ms. Armbruster has applied for is a 3.2 residential care facility, for the elderly; however, if this application is denied, she can reapply under the California Community Care Facilities Act, which would allow the exemption for six or less. Mayor Pro Tem Buffa asked how many residents the State would allow if the applicant combines the two units. The Deputy City Manager responded that under the current application to combine two units into one, Council could impose regulations on the project; but an application under the Community Care Facilities Act for one unit would allow for a six -person exemption. 'The City Attorney cautioned that there cannot be any discrimination against this use merely because there are seniors living there. Council. Member. Hornbuckle asked for an opinion on how many people' .. who are not seniors would be allowed if the applicant combined two units into one with seven bedrooms. The City Attorney responded that under the State Housing Law, which sets the number of people per square foot, approximately 25 people could live there; however, several agencies have been attempting to change the State standards. The City Manager commented that there has been much discussion during this hearing on regulations established by the State which are out of.the Council's control; however, the citizens can voice their concerns to Sacramento. He announced that the names, addresses, �� 20 and telephone numbers of State legislators will be shown on the screen, should anyone either for or against this particular issue want to contact them. Council Member Hornbuckle did not consider the project to be a commercial venture, but on a par with the other apartment buildings in the area. She believed that seniors living in this type of housing is the same as grandparents living with their relatives. Motion to Approve f Council Member Hornbuckle made a motion to adopt a resolution PA -95-42 Died for approving Planning Action PA -95-42 with the specific finding that Lack of a Second this use is compatible with the neighborhood. The motion died for lack of a second. Council Member Monahan suggested adding the safety features shown on the handout from the applicant. Motion to Approve PA -95-42, as Amended, Failed to Carry RECESS OLD BUSINESS Policy on Plaques and Trees in City Parks; and Request Council Member Hornbuckle moved to adopt a resolution approving Planning Action PA -95-42 based on the finding that this use is compatible with the neighborhood, and added the Condition of Approval recommended by Council Member Monahan which would require the addition of the safety features outlined in the applicant's handout entitled "Home Modification and Features". The motion was seconded by Council Member Monahan, and discussion ensued. Council Member .Monahan commented that the City would have some control by approving the Conditional Use Permit, and felt the project would actually be a benefit to the neighborhood. Mayor Erickson and Mayor Pro Tem Buffa expressed their desire to limit occupancy to 12 tenants. Council Member Hornbuckle amended her motion by deleting Condition of Approval 3b, and changing Condition of Approval 3d to read, "The proportion of ambulatory and nonambulatory residents will be defined by the State of California's Health and Welfare Agency, Department of Social Services". The amended motion was seconded by Council Member Monahan. Discussion followed regarding the outcome should there be a tie vote. The City Attorney advised that there must be at least a 3-1 vote to approve any motion, and if there were a tie vote, the Planning Commission's decision would be sustained. Mayor Pro Tem Buffa asked if Council Members Hornbuckle and Monahan would consider a maximum of 12 residents. Council Member Hornbuckle responded that she would consider 12 residents now with a stipulation that the project be reviewed in one year to determine its impact on the neighborhood, with the idea that the occupancy could be increased to 14 at that time. Mayor Erickson reiterated his support for a maximum of 12 tenants with a review in one year. The motion failed to carry because of a 2-2 tie vote, Mayor Erickson and Mayor Pro Tem Buffa voting no, Council Member Genis abstaining.! The City Attorney stated that based on the tie vote, the Planning Commission's decision is upheld, that is, 14 tenants are allowed; and all conditions imposed by the Planning Commission are sustained. The Mayor declared a recess at 11:00 p.m., and the meeting was reconvened at 11:10 p.m. Council Member Genis returned. The Deputy City Clerk presented from the meeting of September 18, 1995, Council review of the Park, Recreation Facilities and Parkways Commission policy on memorial plaques and planting of dedication trees in City parks; .and a Request from Judy Hubbard, -- 21 to Donate Trees and 1880 Parkview Circle, to establish "A Grove of Memory and Hope", • Install Plaque to donate $2,500.00 for tree planting, and to install a plaque at Canyon Park to memorialize HIV victims. The Community Services. Director referred to the Agenda Report dated October 6, 1995, and reported that Ms. Hubbard has withdrawn her request. As to the policy for plaques and planting of dedication trees, the Director alluded to the procedure options submitted with the Agenda Report and asked for Council direction. Responding to Council Member Hornbuckle's inquiry, the City Attorney stated that Council must officially accept any gift to the City, including services, equipment, or plantings, unless Council delegates that authority to someone else, for instance, the Parks, Recreation Facilities and Parkways Commission. MOTION A motion was made by Council Member Hornbuckle, seconded by Approved Option 1(a) Mayor Pro Tem Buffa, and carried 3-2, Council Members Genis and Monahan voting no, approving 'Option No. 1(a), "Any donation of a strictly financial nature shall be submitted to the City Council for consideration". Council Members Genis and Monahan opposed the motion because they believed a financial donation should be accepted when presented, without having to have formal Council acceptance. MOTION A motion was made by Council Member Hornbuckle, seconded by Approved Option 2(b) Council Member Monahan, and carried 5-0, approving Option No. 2(b), "Any donation of service, equipment, or plantings shall be submitted to the Parks, Recreation Facilities and Parkways Commission for consideration". MOTION On motion by Council Member Hornbuckle, seconded by Council Approved Options Member Genis; and carried 5-0, the following action was taken: 3(a) and 3(b) for The Mayor was authorized to acknowledge all donations by choosing Mayor's Discretion Option No. 3(a), "Recognition made public by the Mayor at a regular City Council meeting", or Option No. 3(b), "Response from the Mayor in writing thanking the donor".. MOTION/Approved A motion was made by Council Member Genis, seconded by Mayor Procedure 4 Pro Tem Buffa, and carried 5-0, approving Procedure No. 4, "All donations of trees or other planting shall be in accordance with the Parks and Open Space Master Plan and/or comply with the approved park planting palate". MOTION/Approved Council Member Monahan made a motion, seconded by Council Option 5(c) Member Hornbuckle, to approve Option No. 5(c), "All requests for placement of plaques or monuments memorializing individuals, events, causes, or any similar activity shall be submitted to the Parks, Recreation Facilities and Parkways Commission to provide a recommendation to the City Council". . Substitute Motion Council,Member Genis felt that ' Procedure No. 5 was premature, Died for Lack of a and made a substitute motion to, table recommendations for Second Procedure No. 5, and approve Procedure No. 6. The substitute motion died for lack of a second. Council Member Genis stated that she could support Option No. 5(c) only on an interim basis. The original motion to approve Option 5(c) carried 4-1, Council Member Genis voting no. 22 MOTION/Approved A motion was made by Council Member Hornbuckle, seconded by Procedure 6 Council Member Genis, approving Procedure No. 6, "The Parks, Recreation Facilities and Parkways Commission shall be responsible for preparing guidelines for consideration by the City Council establishing criteria by which memorial plaques and monuments may be considered". Council Member Monahan did not support the motion because he believed formal guidelines were not necessary for an. item for which few requests will be received. The motion carried 3-2, Council Members Buffa and Monahan voting no. MOTION/Approved On motion by Mayor Pro Tem Buffa, seconded by Council Member Option 7(a) Hornbuckle, and carried, 5-0, approval was given for Option No. 7(a), "All memorial plaques and monuments presently in place in City parks and facilities shall remain "as is" as historical references". MOTION/Approved A motion was made by Council Member Genis, seconded by Procedure 8 Council Member Monahan, and carried 5-0, approving Procedure No. 8, The City assumes no liability for replacement or repair of plaques or monuments but will assume normal maintenance". MOTION/Approved On motion by Council Member Hornbuckle, seconded by Council First Portion of Member Genis, ' and carried 5-0; the first portion of the policy Policy (Background, Purpose, and Policy) was approved. MOTION/Withdrew On motion by Council Member Hornbuckle, seconded by Mayor Pro Judy Hubbard's Tem Buffa, and carried 5-0; the request .from Judy ' Hubbard was Request withdrawn in accordance with her letter dated September 19, 1995. OLD BUSINESS The Deputy City Clerk presented from the meeting of October 2, Monthly Arrest 1995, a request for monthly reports from the Police Department on Reports arrests made in the City, and their progression through the court system. The Administrative Services Commander for the Police Department reviewed the Police Chiefs memorandum dated October 11, 1995, which addresses the staff time involved and the cost to provide the information requested. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, initiator of the request, submitted a six-page handout on rape statistics, per capita police expenditures for Orange County cities, newspaper articles regarding dispositions on certain criminal cases, a breakdown of the cost to hire an additional Police Records Technician, and a transcript of her request from the meeting of September 18, 1995. She clarified that her request was for the City Council to obtain monthly reports from the Chief of Police on the disposition of arrests and bookings in this City, including the names of the District Attorneys, defense attorneys, and judges involved. She felt it would be helpful for Council to know which prosecutors and judges are actually "tough on crime". - Discussion ensued regarding the data which could be made available to the public and. the length of time it would take to obtain the desired information. Council Member Monahan suggested simplifying the procedure, that is, when the Police Department receives the "Disposition of Arrest and Court Action" for certain types of crimes, enter them into the computer with the names of the attorneys and judges, and whether the case was prosecuted, plea bargained, etc. Council Member Monahan was not interested in the names of the defendants; however, he was interested in knowing the outcomes of the cases and the names of the attorneys and judges. Council Member Hornbuckle asked the City Manager if he could 1 provide a simple method of obtaining this information. Council Member Genis commented that Mothers Against Drunk Drivers (MADD) seemed to be able to obtain a great deal of this information and wondered how they obtained their data. John Feeney, 1154 Dorset Lane, Costa Mesa, commented that law enforcement has complained for years about our "catch and release" criminal justice system. Mr. Feeney referred to a case where gang members in San Clemente murdered a young man by throwing a paint roller through his head, and the offenders were given a lenient sentence by Judge Dickey. He stated that as a result of this leniency, a recall of Judge Dickey is in progress. MOTION/Continued A motion was made by Council Member Hornbuckle, seconded by to November 6, 1995 Mayor Pro Tem Buffa, requesting the City Manager to provide Council with a cost estimate and a process by which basic information coul&be compiled from the "Disposition of Arrest and Court Action" form:The City Manager stated that he would have the report ready for the meeting of November 6, 1995. The motion . carried 5-0. At the request of Mrs. Feeney, the City Manager agreed to meet with her to discuss some of her ideas. OLD BUSINESS The Deputy City Clerk presented City Attorney's Report No. Requirements for 95-104, and an ordinance establishing a deposit of costs on Public Agencies bond requirements for work performed on City streets by Performing Work on public agencies. The City Attorney summarized his Report City Streets No. 95-104, noting that the ordinance does not apply to utilities. MOTION On motion by Council Member Hornbuckle, seconded by Council Ordinance 95-17 Member Buffa, and carried 5-0, Ordinance 95-17, AN Given First Reading ORDINANCE OF. THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 15-35 OF THE COSTA MESA MUNICIPAL CODE ESTABLISH- ING A DEPOSIT .OF COSTS ON BOND REQUIREMENTS FOR PERMITS FOR WORK IN STREETS BY PUBLIC AGENCIES, was given first reading and passed to second reading. NEW BUSINESS The Deputy City Clerk presented City Attorney's Report No. 95-103 PERS Purchasing regarding California Public Employees' Retirement System (PERS) Power Protection purchasing power protection account program. Account Program The City Attorney reported that the PERS Board will be deciding whether or not it will continue to keep approximately $100,000.00 of. the City's money to subsidize a program which ensures that pensions keep pace with inflation. He agreed with the City of Long Beach that cities should not be subsidizing other agencies, only their own retirees, and requested authority to join in a brief to the PERS Board at no cost to the City. MOTION/Authorized On motion by Council Member Hornbuckle, seconded by Council Joining a Brief to Member Genis, and carried 5-0; the City Attorney was authorized the PERS Board to join in a brief to the PERS Board regarding the aforementioned program. NEW BUSINESS The City Attorney presented his Report No. 95-106 regarding a Easement from Water "Grant of Easement and Agreement for Park and Recreational District at Lindbergh Purposes from the Mesa Consolidated Water District to the City of School Park Costa Mesa" at Lindbergh School Park (50 feet by 190 feet at 23rd Street). In summarizing the report, the City Attorney pointed out that the easement is conditioned upon the City's maintaining the landscaping of the park; installing and maintaining park water IC -0 irrigation system; maintaining the park for safety and convenience of all persons; indemnifying MCWD for the easement area; keeping the easement area clear of encumbrances; obtaining written consent from MCWD on park projects; and maintaining liability insurance for the easement area. MOTION/Accepted On motion by Mayor Pro Tem Buffa, seconded by Council Member Easement Monahan, and carried 5-0, the "Grant of Easement and Agreement" was accepted, and the Mayor and Clerk were authorized to sign on behalf of the City. COUNCIL Council Member Monahan requested that the City Manager prepare COMMENTS a report on the cost and logistics of televising the Parks, Recreation Facilities and Parkways Commission meetings, forward the report Televising Parks to the commission for their comments, and then submit it to Council Commission Meetings for determination. Orange County Council Member Genis announced that the next two meetings of the Charter Commission Orange County Charter Commission will be held at 6:00. p.m., October 19 and 26, 1995, at the County Hall of Administration, 10 Civic Center Plaza, Santa Ana. General Plan Issues Council Member Genis referred to the senior facility on Wintergreen Place, stating that one of the issues which came to mind was how the project would -conform to its anticipated traffic rate. She recalled that when Council first adopted the General Plan, a provision for support commercial uses was approved for high density residential areas. Council Member Genis stated that she opposed that provision because of concerns about possibly having a Circle K store open at a corner where a house used to be; however, staff assured Council that the trip budget would prevent that from happening. She added that when the City moved away from the trip budget policy -for existing commercial -areas Citywide, using only a standard ratio, apparently staff interpreted that as affecting all areas except the northerly portion of the City. She concluded that moving away from. the trip budget has increased the possibility of someone buying a house and putting in a Circle K store, which is a major problem particularly with the Newport -Mesa Unified School District wanting to sell off some sites in residential areas. She commented that the District could conceivably establish some type of commercial use consistent with the General Plan even though the assigned trip budget, would be far more than that which had been anticipated. She requested that this situation be investigated as soon as possible so when the problem arises, the City will be prepared to deal with it. Apology for Council Member Genis stated that she certainly did not intend to Misstatement offend anyone from certain religious denominations, and not having been raised in that tradition, was not aware of the significance of the religious object mentioned. She emphasized that it certainly was not her intent to insult or show disrespect, in fact, she was merely looking for a constitutional issue to discuss. Council Member Genis commented that we can all learn something, that is, we can learn about the significant things in other people's religion, and we can learn to choose our words more wisely.. League of Council Member Hornbuckle announced that three Council Members California Cities will be in San Francisco next week to attend the League of Conference California Cities Conference. 1 Tot Lots Mayor Erickson reported that he attended the Child Care and Youth Services Committee meeting this past week, and commended the Community Services Department, the City Manager's office, and staff for the progress on construction of 14 tot lots in the City. ADJOURNMENT The Mayor declared the meeting adjourned at 12:15 a.m. Ma of the City of Costa Mesa ATTEST: r Deputy City lerkof-the City of Costa Mesa