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HomeMy WebLinkAbout07/17/1989 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA July 17, 1989 The City Council of the City of Costa Mesa, California, met in regular session July 17, 1989, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation.by the Reverend Dan Knudsen, Prince of Peace Lutheran Church. ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Ory Amburgey Council Member Sandra Genis Council Member Edward Glasgow Council Members Absent: None Officials Present: City Manager Allan Roeder Acting City Attorney Eleanor Frey Deputy City Manager/Develop- ment Services Donald Lamm Assistant to the City Manager Rick Pickering Transportation Services Manager John Lower City Clerk Eileen Phinney MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council July 3, 1989 Member Amburgey, and carried 5-0, the minutes of the regular meeting of July 3, 1989, were approved as distributed. ORDINANCES A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, to read all ordinances by title only. ORAL COMMUNICATIONS Michael W. Szkaradek, 1555 Mesa Verde Drive East, Costa Mesa, reported that he has not received all of the in - Public Records formation that he requested about Planning Commissioner Information Theriot's application to the City Council or notes on the application to the City Council or notes on the interview process, and that by State Law, the infor- mation is to be released or a record of denial from all parties involved should be set forth according to Sec- tion 6256.2 of the Government Code. Mayor Buffa suggested Mr. Szkaradek follow whatever recourse is available to him under that law. Later under Council Member Comments, Vice Mayor Horn - buckle requested a report from staff as to why infor- mation requested by Michael W. Szkaradek was not given to him. Save Our Janice Davidson, 1982 Arnold Avenue, Costa Mesa, from Neighborhood the Save Our Neighborhood Committee, announced that the "Red Alert" "Red Alert Program" has begun in cooperation with the Costa Mesa Police Department, to make Costa Mesa a safer place to live. She further commented this is a program that encourages residents to volunteer information anonymously relating to drug deals or gang activity; flyers will be distributed on July 22, 1989, at the Rea Community Center at 9:00 a.m. TV Monitors- i Pat Dolan, 923 West 20th Street, Costa Mesa, suggested that on the nights that Council Meeting is crowded, to ;locate television monitors in the back of the Council 'Chambers up high so people not able to come into the ;chambers would be able to see proceedings. Order of 'Pat Dolan, 923 West 20th Street, Costa Mesa, offered Speakers ;the suggestion that with so many people attending the !meeting, to allow Costa Mesa citizens to speak first, and any other speakers to follow. I Stop Signs Tom Schroeder, 2327 16th Street, Newport Beach, stated on 16th Street ;his displeasure with the stop signs on Aliso and 16th ;Streets and feels they are a safety hazard. He further stated they were not wanted by Newport Beach residents ;and he is presenting a petition signed by the residents to appeal the stop signs. i Mayor Buffa suggested Mr. Schroeder contact the City 'Manager's office for further information on how to (proceed with action and advised Mr. Schroeder that ;Newport Beach residents were very vehement in wanting 'the stop signs placed. Expressing Views John Burns, 2161 Miner Steet, Costa Mesa, directed his ;remarks to Council Member Genis, and he stated that ;citizens were there to express their views and to let ;them speak. Gangs in Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, re - Costa Mesa !ferred to the news article in the Daily Pilot Newspaper of July 16, 1989, concerning gangs on the west side ,that was published July 17, 1979, indicating a gang problem existed ten years ago and is still here today. Mr. Goldstein indicated that citizens want a safe com- munity and felt that more needs to be done to control the gang influence in the City. Council Member Amburgey, responding to Mr. Goldstein, ,stated that Mr. Goldstein attends the Council meetings ;and is aware of the measures being taken to control gangs and gang activity; he further indicated that the City is taking a very strong stand on the issue. Harbor Sid Soffer, 900 Arbor Street, Costa Mesa, expressed Boulevard ;thanks to the City staff and the Council on the con - Construction struction of Harbor Boulevard. Gann Limit Frank Cole, 2482 Fairview Way, Costa Mesa, presented a news article regarding an item passed by the United States Senate on Thursday, July 13, 1989, directing the Census Bureau not to count illegal aliens in the 1990 census, and he felt with the Gann Limit, this could be monetarily detrimental to the City. Following further discussion, the City Manager indicated they were aware of the measure and are in the process of obtaining more information; he further stated the Gann Limit is based upon the Department of Finance estimates, not on the census. Help Our Stan Schuda, 2895 Palau Place, Costa Mesa, commended the Neighborhood City Council and staff who have assisted the "Help Our Committee Neighborhood Committee", and suggested that other community members start clean-up campaigns for their neighborhoods. He also commented that the police department has been seen in greater numbers on the west side and feels the City is doing a good job, and he urges the citizens to participate in programs keeping the City clean and safe. 1 State -Local Transportation Demonstration Pro- gram Applications MOTION Resolution 89-163 Adopted Infraction Citations MOTION Resolution 89-164 Adopted Traffic Signal Installation, Baker Street at Fire Sta- tion No. 2 Change Order No. 1 MOTION Change Order Approved On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Resolution 89-163, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RECOGNIZING STATE -LOCAL TRANSPORTATION DEMONSTRATION PROGRAM APPLICATIONS AND AUTHORIZING THE ASSISTANT CITY ENGINEER TO FILE APPLICATIONS, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Amburgey, Genis, Glasgow None None On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Resolution 89-164, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING ENUMERATED EMPLOYEES TO ISSUE INFRACTION CITATIONS, was adopted by the following roll call vote: AYES: .COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Project Administration Manager recommended approval of Change Order No. 1 for $2,265.54 to the contract with Metro Electric Company, 10655 Inez Street, Whittier, in connection with Traffic Signal Installation at Baker Street at Fire Station No. 2. The change order is required for additional work due to the underground obstructions encountered by the contractor during the excavation for installation of traffic signal conduits, and also for the modifications made to the traffic signal poles per City's request. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL_MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None Tract No. 12594 Completion of traffic signal and bike trail improvements Traffic Signal/ for Tract No. 12594, located at 2501 Harbor Boulevard Bike Trails (Fairview Developmental Center) has been completed to the satisfaction of staff by Fairview Developmental MOTION Company, 2501 North Shelley Circle, Costa Mesa. On Work Accepted motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the improvements were accepted; and the Performance and Labor and Material Bonds, each in the amount of $125,000.00, and the Monument Bond for $2,000.00, were ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 1 Item 6 (b) on the Consent Calendar was presented: Tank Protect Change Order No. 1 for $17,720.00, to the contract with Engineering Tank Protect Engineering, Incorporated, 2730 South Harbor Boulevard, Santa Ana, in connection with Bid Bid Item No. 845 Item No. 845, Removal of Two Underground Petroleum Underground Tanks and Installation of One New Tank at Fire Station Storage Tanks No. 3. Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, asked the reason for the change order and why it is for such a large amount. it A ,The City Manager explained that after removal of the ,old tank, the soil must be tested, and if contaminated, ;it must be removed and taken to the closest location ;which is in Santa Barbara. He stated that is a costly procedure and could not be estimated at the time of !bidding. MOTION bn motion by Vice Mayor Hornbuckle, seconded by Council Change Order ;Member Amburgey, the change order was approved by the Approved ;following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Harbor/Maple !Item 8 on the Consent Calendar was presented: Request Storm Drain 'to reduce retention requirement from 10 to 5 percent Phase II 'for construction of the Harbor/Maple Storm Drain, Phase Retention SII, by Aman Brothers, Incorporated, 614 East Edna Place, Requirement 'Covina. Vice Mayor Hornbuckle commended staff and the contractor Jim Robertson, 913 Lombard Court, Costa Mesa, indicated !that he is a ham radio operator, and mentioned that the !Federal Communications Commission regulations cover ',equipment that emit radio frequency energy, however, ;there is no equipment enforcement of the FCC regulation jsince the project is approximately two months ahead of !schedule and running very smoothly. On motion by Vice Mayor Hornbuckle, seconded by Council MOTION ;Member Glasgow, the request to reduce the retention Retention requirement from 10 to 5 percent of the total cost of Reduction ;the project was approved by the following roll call Approved !vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING ;The Clerk announced that this was the time and place Vertical !set for the public hearing to consider an ordinance Antennas amending Title 13 of the Costa Mesa Municipal Code, modifying procedures for review and regulation of vertical antennas. Environmental Determination: ;Exempt. The Affidavit of Publication is on file in :the Clerk's office. No communications were received. .The Deputy City Manager/Development Services summarized !staff's memorandum dated July 10, 1989, which discusses ;the background, analysis, and recommendations for the ;ordinance. Nice Mayor Hornbuckle stated her disapproval that the ,Notice of an application for an Amateur Radio Antenna ;Permit be given to all owners of real property located ;within only 100 feet of the parcel on which the proposed antenna is to be located, and not further away. ;Dave Alford, 3445 Plumeria Place, Costa Mesa, stated that because of a neighbor who is a ham radio operator, :he experiences interference in TV, radio, phone, and ;electricity, and feels radios are a big problem. He 'also indicated that the Ham Radio Organization is trying to work with him to solve the problems. Jim Robertson, 913 Lombard Court, Costa Mesa, indicated !that he is a ham radio operator, and mentioned that the !Federal Communications Commission regulations cover ',equipment that emit radio frequency energy, however, ;there is no equipment enforcement of the FCC regulation 5 The City Manager explained that after removal of the old tank, the soil must be tested, and if contaminated, it must be removed and taken to the closest location which is in Santa Barbara. He stated that is a costly procedure and could not be estimated at the time of bidding. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Change Order Member Amburgey, the change order was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Harbor/Maple Item 8 on the Consent Calendar was presented: Request Storm Drain to reduce retention requirement from 10 to 5 percent. Phase II for construction of the Harbor/Maple Storm Drain, Phase Retention II, by Aman Brothers, Incorporated, 614 East Edna Place, Requirement Covina. Vice Mayor Hornbuckle commended staff and the contractor since the project is approximately two months ahead of schedule and running very smoothly. On motion by Vice Mayor Hornbuckle, seconded by Council MOTION Member Glasgow, the request to reduce the retention Retention requirement from 10 to 5 percent of the total cost of Reduction the project was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Vertical set for the public hearing to consider an ordinance Antennas amending Title,13 of the Costa Mesa Municipal Code, modifying procedures for review and regulation of vertical antennas. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications were received. The Deputy City Manager/Development Services summarized staff's memorandum dated July 10, 1989, which discusses the background, analysis, and recommendations for the ordinance. Vice Mayor Hornbuckle stated her disapproval that the Notice of an application for an Amateur Radio Antenna Permit be given to all owners of real property located within only 100 feet of the parcel on which the proposed antenna is to be located, and not further away. Dave Alford, 3445 Plumeria Place, Costa Mesa, stated that because of a neighbor who is a ham radio operator, he experiences interference in TV, radio, phone, and electricity, and feels radios are a big problem. He also indicated that the Ham Radio Organization is trying to work with him to solve the problems. Jim Robertson, 913 Lombard Court, Costa Mesa, indicated that he is a ham radio operator, and mentioned that the Federal Communications Commission regulations cover equipment that emit radio frequency energy, however, there is no equipment enforcement of the FCC regulation jwith respect to consumer products, and most of the ;problems result from products being made with cheap ;equipment or improper shielding that does not contain the proper devices to prevent the interference. Mr. :Robertson indicated that the higher the antenna, the !less interference with consumer products. He further !stated that being an operator of the ham radio had many benefits as it was a volunteer activity, a good program for the handicapped, and in an emergency situation such 'as an earthquake, the ham radio will be the only source of communication between communities. iJack Marshall, 3453 Plumeria Place, Costa Mesa, indi- cated his displeasure with the ham radio as his neighbor -has one, and when the radio is in operation, it drowns !out his television, radio, stereo, and telephone. Arthur Goddard, 2901 Palau Place, Costa Mesa, an Assis- tant Director of the American Radio Relay League, a national organization representing the interest of radio 'amateurs, supports the ordinance and requests that the unique regulatory environment regarding the ham radio and the community resource provided by the ham radio ,operator, be considered when deciding the ordinance. Bob Rusick, 973 Azalea Drive, Costa Mesa, stated there ;was a CB operator in the.neighborhood and many of the problems are caused by the CB radio. iTerry Neil, 1127 Salvator Street, Costa Mesa, stated ;that ham radios are a national asset and the important Tissue is that both sides work together to solve problems that arise; the ham radio is essential, and passing ;the ordinance is a step forward. i There being no other speakers, the Mayor closed the public hearing. ,The Deputy City Manager, in response to Council Member Amburgey, stated the only provision at this time is a law restricting the antenna to no more than thirty feet in height and the law was directed more toward house- hold antennas; it was used to regulate ham radio type antennas that were held to be detrimental to property values until it was brought to the attention of the City by the ham radio association, that as of 1985, the FCC has pre-empted regulating the height of thirty feet just because it is unsightly. This ordinance brings the City ;in line with the FCC regulations. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Ordinance 89-22 Council Member Glasgow, to give first reading to Ordi- Given First nance 89-22, AN ORDINANCE OF THE CITY COUNCIL OF THE Reading CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE TO MODIFY PROCEDURES REGARDING REVIEW AND REGULATIONS OF AMATEUR RADIO ANTENNAS, with the provision of notice changed to read within 300 feet of the property line instead of 100 feet. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: None OLD BUSINESS i The Clerk presented for second reading and adoption, Regulatory and Ordinance 89-18, and the proposed Resolution insti- Police User Fees tuting new police services user fees. Responding to Council Member Genis, the Assistant to the City Manager stated that the police department was working on the first set of animal control fees relating to the various types of pets and this should be avail- able at the next Council meeting. Following a brief discussion on bad checks, the Assis- tant to the City Manager commented that the fee being charged is a fee to cover paper work and staff time; the checks are prosecutable, but should the District Attorney have a heavy case load, the checks can be turned over to the City for handling. Russ Gilbert, President of the Costa Mesa Chamber of Commerce, offered a brief report on the meeting with the various businesses in Costa Mesa about the user fee for the bad checks. The report indicates that the larger businesses have their own collection agency to deal with the bad checks; the smaller businesses indicated that often times a form letter from the police department is all that is necessary to correct the bad check; Costa Mesa is a rich City and it is not necessary to assess user fees; and the $10.00 user fee charged to the busi- ness for collecting the check can be 20 percent of the actual amount of the check, thereby leaving no profit margin for the merchant on that particular sale. Mr. Gilbert further stated that the businesses were not in favor of a check charge and that, as President of the Chamber of Commerce, he must respectfully ask the Coun- cil to delete the proposed $10.00 user fee charge assessed to the merchant. Frank Cole, 2482 Fairview Way, Costa Mesa, suggested charging an alcoholic beverage licensee for every call to the police department for assistance in alcohol- related disturbances. The City Manager stated that this is being explored presently with the California League of Cities and the Board of Supervisors with respect to a percentage of the alcohol license fee to come to cities for the regu- latory authorities. Sid Soffer, 900 Arbor Street, Costa Mesa, felt that businesses could do more to deter bad checks. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council ordinance 89-18 Member Glasgow, Ordinance 89-18, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 2 OF THE MUNICIPAL CODE TO ESTABLISH REGULATORY FEES NOT COVERED BY THE CALIFORNIA STATUTES OR OTHER PROVISIONS OF THE COSTA MESA MUNICIPAL CODE, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Police User Fees At the suggestion of Council Member Amburgey, the user fees were discussed individually. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Item 1, Animal Member Amburgey, Item 1, Animal Control Fees, was Control Fees, adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey NOES: COUNCIL MEMBERS: -Genis, Glasgow ABSENT: COUNCIL MEMBERS: None 0 MOTION iun motion by Vice Mayor Hornbuckle, seconded by Council Item 2, Bad ;Member Amburgey, Item 2, Fees for Investigating Com - Check Fees, ,plaints Regarding Bad Checks, was adopted with the Adopted !elimination of the $10.00 charge to the recipient of the check, and charging a fee of $25.00 to the perpetrator of the check. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis I NOES: COUNCIL MEMBERS: Glasgow i ABSENT: COUNCIL MEMBERS: None MOTION 'On motion by Vice Mayor Hornbuckle, seconded by Council Item 3, DUI Member Genis, Item 3, Fees Charged to Driver Causing DUI Driver Fees, !Accidents, was adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Glasgow NOES: COUNCIL MEMBERS: Amburgey ABSENT: COUNCIL MEMBERS: None 'Council Member Amburgey would not support the motion ;stating that he feels the fee amount is excessive and that any driver under the influence, whether they are jinvolved in an accident or not, should be charged the fee. i 'Council Member Genis supported the motion stating that she would also support a fee for Driving Under the 'Influence should it come up at a later date. Mayor Buffa supported the motion reiterating comment ;by Council Member Genis. He also stated that the fee amount was a pittance as a response to someone who is ,under the influence and proceeds to drive their car in ;the City. i MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Item 4, Jail Member Genis, Item 4, Jail Booking Fee, was adopted by Booking Fee, the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Glasgow NOES: COUNCIL MEMBERS: Amburgey ABSENT: COUNCIL MEMBERS: None MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 89-165 Member Amburgey, Resolution 89-165, A RESOLUTION OF THE Adopted ;CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING NEW POLICE SERVICES USER FEES, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Graffiti Ordinance The Clerk presented for second reading and adoption, 89-21 Ordinance 89-21, AN ORDINANCE OF THE CITY COUNCIL OF ;THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 11 OF THE COSTA MESA MUNICIPAL CODE TO INCLUDE A PROVISION DEFINING GRAFFITI AND ALLOWING FOR ITS REMOVAL. The City Attorney, in reponse to Vice Mayor Hornbuckle, ,stated that the Ordinance on the Agenda is the original ordinance which is scheduled for second reading. He explained that the revised ordinance contains a defini- tion for "obnoxious" graffiti as intended by State ;legislation authorizing the ordinance. 1 7 Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the ordinance could become an Urgency Ordinance so that immediate action could be taken. The City Attorney responded that it could be done if the Council adopted a Statement of Reasons for the urgency. Mr. Soffer suggested charging a fee to those people responsible for the graffiti, or directing them to remove it. Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, stated that graffiti is a definite problem and most graffiti appears to be gang related and the ordinance is desperately needed along with faster police depart- ment response. Stan Schuda, 2895 Palua Place, Costa Mesa, asked the City Attorney that with most properties being owner absent, would tenant permission be sufficient to paint over graffiti. The City Attorney responding to Mr. Schuda, stated that a person who has resided under the protection of a lease for a year or more, is defined by the courts as an owner, or one that has the ownership interest of property. Motion to Adopt A motion was made by Vice Mayor Hornbuckle to give Ordinance 89-21 second reading and adopt Ordinance 89-21. The motion Died for Lack of died for lack of a second. a Second A motion was made by Vice Mayor Hornbuckle, seconded by . Council Member Glasgow, to give first reading to the revised graffiti ordinance. After discussion, she withdrew the motion. Council Member Amburgey stated that he did not second the motion for second reading and adoption of the orginal Ordinance as he was hoping to have the ordinance declared an urgency ordinance along with the 4/5 vote to have it placed in effect immediately. Council Member Glasgow presented the following state- ment of reason to see if it would be acceptable by the City Attorney to warrant an urgency ordinance. "Graffiti is used by gangs to foster violence, they outline the territory and issue challenge. The public safety demands that the swift removal be accomplished because the longer the graffiti is evident, the more the potential for violence is." The City Attorney responded that the statement would be sufficient to have an urgency ordinance. Urgency A motion was made by Council Member Glasgow, seconded by Ordinance 89-23 Vice Mayor Hornbuckle, to adopt Ordinance 89-23, AN Adopted ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 11 OF THE COSTA MESA MUNICI- PAL CODE TO INCLUDE A PROVISION DECLARING GRAFFITI A PUBLIC NUISANCE AND ALLOWING FOR THEIR ABATEMENT, DECLAR- ING SAID ORDINANCE TO BE AN URGENCY ORDINANCE AND SETTING FORTH THE REASONS THEREFOR, and amending Section 11-153 to include the word 'obnoxious" before all "graffiti" words. The motion carried by the following roll call vote: -30� I AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None !Council Member Genis stated she did not support the mo- tion because it is too arbitrary. Rea Community The Mayor stated that due to the many people who wished Center, SOS, to speak on this issue, the representatives of Share Our Someone Cares 'Selves (SOS) will be allowed to speak for five minutes Soup Kitchen ;each; the representatives from Save Our Neighborhood and !the West Side Homeowners Association will be alloted ;five minutes each; and the remaining speakers will be ;allowed three minutes each. He further stated that the item at issue has to do with the location of the Center, ,not whether it is a worthwhile organization. i ;Council Member Amburgey suggested that a decision be ,made as to whether the meeting shall go beyond midnignt, for tocontinue it to Tuesday evening. Mayor Buffa stated he would be out of town on Tuesday 'for a week, but the other Council Members could make that decision. Vice Mayor Hornbuckle stated that the Rea Center item should be concluded this evening, and if there were remaining items after midnight, to decide the importance of concluding them at this meeting or continuing to the next meeting. Council Member Genis agreed with Vice Mayor Hornbuckle, and felt that perhaps the Agenda could be completed at this meeting. Council Member Amburgey would not support the meeting ;going past midnight as this issue has been discussed 'many times and the Council Members have the pertinent information needed to conclude at this meeting. ;Council Member Glasgow stated he would not support ;going past midnight as, in a prior meeting that lasted ;until 3:00 a.m., he felt Council Members were fatigued ;and perhaps did not give adequate consideration to the issue at hand. Vice Mayor Hornbuckle stated that the Council policy was that no new items of business would be taken up after midnight, but that did not mean that item being ,discussed would not be concluded. RECESS The Mayor declared a recess at 8:50 p.m., and the meet- ing reconvened at 9:00 p.m. The Clerk presented the results of the survey at Rea Community Center, 661 Hamilton Street, Costa Mesa, ;after the relocation of Someone Cares Soup Kitchen. A petition with 98 signatures requesting that the ;lease be pulled on the SOS facility because neighbor- hood problems have not been alleviated, was presented, ;along with 223 letters in favor of continuing the SOS ,project in its present location, and 17 letters opposed to continuing in its present location. Council has ;received copies of all written material. ;The Director of Leisure Services reported that there is no one presently interested in leasing space at Rea 'Center. Responding to Council Member Genis, the City Manager stated that the Police substation opening on Placentia Avenue was done some years after Rea Center was esta- blished and was a two -fold effort; to improve the visi- bility of the police department on the west side of town; and to improve relations with many portions of the Hispanic community. It is also there to provide imme- diate accessability to the neighborhood. In answer to Council member Amburgey's question, the Director of Leisure Services stated that vacancies at Rea Center are usually filled within 90 to 120 days. Scott Mather, 1115 Corona Lane, Costa Mesa, representing Share Our Selves, stated opposition to relocating the facility as the support, resources, and volunteers are here; it is the best location; the cost to move would be expensive; and it is in the neighborhood to serve the people with the most need. Jean Forbath, 2880 Club House Road, Costa Mesa, Direc- tor of Share Our Selves, presented graphs and charts on the overhead projector illustrating the number of fami- lies and/or single people in Costa Mesa that they have assisted by year, month, and area, as well as some families in Santa Ana. The charts for the medical center indicate that 50 percent of the caseload for Costa Mesa are children, and that over 50 percent of the entire caseload are Costa Mesa residents. Follow- ing the slide presentation, Mrs. Forbath presented a petition stating that Share Our Selves has been in Costa Mesa responding to people's needs for the past 19 years by providing a vitally needed service that no other agency has been able to supply, and asked that they be allowed it to remain at Rea Community Center. She stated that to be the the petition was signed by 3,283 people and of that number,.2,537 live on the west side of Costa Mesa. Karen McGlinn, 2365 Notre Dame Road, Costa Mesa, worker in the Financial Aid Office at SOS, explained the poli- cies for the food and clothing distribution and the requirements for financial aid. Lou Dinger, 2145 Iris Place, Costa Mesa, said that the financial investment in Rea Center along with the volun- teer hours, was well over $200,000.00, and the cost to move the facility,.would be astronomical. Doug Meeder, 160 Fairhaven Lane, Costa Mesa, displayed on the overhead projector, a transparency illustrating residential sales on properties located on the west side of Costa Mesa for the last 12 months, and indicated that Rea Center had no detrimental impact on the sales. Don Drake, Director of the SOS Clinic, stated that they take care of the poor, the hungry, the sick, and help the desperate people from doing desperate things. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, stated that they have had the Rea Center in their back yard for eight years, and they are tired, worn out, and can- not handle it anymore. She spoke in favor of relocating Rea Center, requesting a safe, peaceful neighborhood. Patricia Schuda, 2895 Palau Place, Costa Mesa, spoke in favor of relocation and wanting a safe, peaceful place in.which to live. !Pat Dolan, 923 West 20th Street, Costa Mesa, asked why !SOS has been moved 8 other times, and if they are such !good neighbors, why have people in other areas asked jthem to move. He further stated that the neighborhood (feels a definite threat to family safety when it is irealized that 11 of 16 organizations using the Center ideal with people that have some type of drug, alcohol, ;or mental retardation problem; there are a large number of drunks, assaults, mentally disturbed, disturbances 'of the peace, people sleeping in cars, defecation in ipublic, and loitering all hours of the day or night. Mr. Dolan went on to comment that using figures given by SOS, the amount of entry and exits for the area ,amount to over a half a million per year, creating a izoning travesty with no environmental impact report !being done; 70 percent to 80 percent of the people are knot residents of Costa Mesa, 40 percent are illegal aliens; it is incorrect to support illegals and is an ;unjust use of City funds. ;Shirley McDaniel, a Costa Mesa resident of 35 years representing Save Our Neighborhood, spoke in favor of relocating the Center as the growth of the City has ;been tremendous in the last ten years, and with this ;growth, it is time to move on. (Barbara Littrell, 2054 Meyer Place, Costa Mesa, spoke in favor of relocation as Rea Center is in her front !yard and they have experienced anger, fear, hostility, hurt, frustration, and derogatory remarks about their neiahborhood. She commented that the west side resi- dents feel the City is listening and acting, and that ;whatever the outcome, it will bring Costa Mesa resi- !dents together, not split them apart. ;Margaret Shaffer, 2127 Wallace Avenue, Costa Mesa, commented that there is a concern to promote awareness in their community and to look at issues from every .point of view. They have experienced too many undesir- jable elements and have now formed a safety committee (for the next school year. I 'Campbell Davidson, 1982 Arnold Avenue, Costa Mesa, ;stated that last month they turned in a petition with '1100 signatures against SOS. He commented that demo- graphics changed after SOS started; the real estate ,values have changed, and there is increased traffic in the SOS area. !Ed Connor, 611 Anton Boulevard, Costa Mesa, indicated his law firm is a big contributor of SOS and presented !a letter with copies to Council urging the Council not to move SOS, and if they did, they would be in viola - of the California Environmental Quality Act. ,Doug Friz, 1626 Newport Boulevard, Costa Mesa, spoke In favor of maintaining SOS at its present location. Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, ;commented that the Center is not big enough to contend with the amount of people that it has to deal with. Ernest Roerich, a westside resident, stated that he uses the Rea Center for senior activities, and that Hispanics deserve some respect. Kathy Esfahani, 611 Anton Boulevard, Costa Mesa, responding to remarks by Pat Dolan, stated that the first location for SOS was at St. John the Baptist 1 Catholic Church from 1970 to 1978 and they moved because of theological and pastoral problems; it then moved to a storefront in Mesa Del Mar and had to move again when the new owner raised.the rent; SOS moved at this time to Hart Sporting.Goods which was empty because of rede- velopment, and remained there until the building was demolished; SOS moved to a storefront on 19th Street that was to be redeveloped, and -when this building was being demolished, SOS moved to the Rea Center. Virginia Hill, 2033 Anaheim Avenue, Costa Mesa, Program Director for Headstart Preschool, stated that last year they had 118.children that were four years old living in Costa Mesa, that came from low-income fami- lies, and because of Rea Center having the SOS pro- gram there, these children were able to receive the medical attention and assistance needed. Rene Morris, 588 Bay Street, Costa Mesa, stated that she was afraid of the people using Rea facilities and she does not want these people there. Phil Morello, 592 Hamilton Street, Costa Mesa, re- sponding to Attorney Ed Connor, stated that this is a private organization. He further stated that the people living in the neighborhood have been victimized and want it stopped. They have to replace items stolen, clean litter from the sidewalks, install burglar alarms, clean graffiti,-and.have had to initiate programs for their own safety. Bill Terpit, 1772 Kenwood Place, Costa Mesa, stated he understands the frustration of the neighborhood, but after a recent experience with a homeless person, felt that SOS was needed. Chris Shriner, 522-B Bernard Street, Costa Mesa, stated that although he sympathizes with the neighborhood resi- dents, he believes that SOS should stay and another solution should be considered. Vivette Zelaya, 1944 Pomona Avenue, Costa Mesa, com- mented that she lives around the corner from SOS and does not feel threatened by the people being serviced at SOS. David McCoy, 1997 Fullerton Avenue, Costa Mesa, stated that SOS works in the community, we should keep it where it is. Juan Chavez, 105 Georgetown Lane, Costa Mesa, stated that SOS is in a place where it is needed and should remain at that location. Sonia Leib Abels, 1160 Gleneagles Terrace, Costa Mesa, commented that the question that should be asked is how can relationships be made better between the neighbor- hood and those serviced at SOS, rather than where it should be located. John McGlinn, 2365 Notre Dame Road, Costa Mesa, stated that as a volunteer at SOS, he wanted to advise the community that over 97 percent of the contributions to SOS find their way into the hands of their clients, and he does not want to see SOS moved. Shirley Cohn, Santa Ana, Director of TLC at Rea Center, stated that this is the right place for SOS and that they have provided help for the seniors in Costa Mesa. ;Kelly Sullivan, 2300 Fairview Road, Costa Mesa, who ,works with the food distribution center, stated that ,SOS is one of the very few agencies in the County that provides a cost-effective, comprehensive program, and that SOS should not be moved. Clark Adams, 695 Capitol Street, Costa Mesa, commented ;that where SOS is located now, it could not support both SOS and the residents. ;John Reese, 366 Avocado Street, Costa Mesa, stated that SOS was a shining example of the community of Costa Mesa and that it should remain at its present location. Jim Navai, 1857 Parkview Circle, Costa Mesa, suggested that perhaps the Segerstroms could donate a piece of ;land for SOS. ;Roy Pizarek, 1923 Whittier Street, Costa Mesa, stated ;that he feels it is degrading for people to have to 'stand in line for food and clothing, and feels it would be better to have separate facilities for these items. Janice Bence, 1981 Arnold Avenuue, Costa Mesa, stated that SOS is bandaiding the problem for the low-income; ,,these people need more than just food and clothing and Ino matter where SOS is located, they need more help .than they are receiving. Father Ken Krause, Pastor of St. Joachim's Catholic Church, 1964 Orange Avenue, Costa Mesa, stated that 'he felt it would be wrong to move SOS as it is in the community where it is needed. Maureen Grimshaw, Huntington Beach, who teaches English ,at SOS twice a week, stated that she feels that they are trying to help those in need. 'The Reverend Bob Ewing, Pastor of the church at Victoria and Placentia, Costa Mesa, where the soup kitchen relo- 'cated, stated that many of the people that use the facility are people within walking distance, they ride bikes, so they are from the neighborhood, and it is going to take everyone working together to solve the 'problems. ,Larry Gast, 2135 Sterling Avenue, Costa Mesa, stated that lately there has been an excess of foot traffic Ion Sterling. He further stated that previously he had !helped one of the people by finding him work and giving him some money, only to have the young man show up at his house and pass out from an overdose of drugs. He does not want these kind of people in his neighborhood. Mary Cappellini, Newport Beach, a volunteer, stated :that SOS was very necessary for the children, and rather than look at it as being a detriment, it ,should be looked at as a chance for the children. 'Mark Ward, 105 Georgetown Lane, Costa Mesa, believes that some type of solution should be worked out so that 'SOS can stay where it is. RECESS 'The Mayor declared a recess at 10:45 p.m, and the meet- ing reconvened at 10:55 p.m. is Susan Kopf, 2123 Wallace Avenue, Costa Mesa, rebutting Reverend Ewing's remarks, stated that people attending the Soup:Kitchen are not residents, they are people from outside Costa Mesa and they park in new cars on her street, and walk to the church. She further stated that she is the secretary for the PTA at Pomona School, and that because of the transient problems, they no longer have evening activities due to security problems. They tried to have an ice cream social in June and had to call the police to clear the transients before they could continue with their program. John Goddard, 1985 Anaheim Avenue, Costa Mesa, stated that SOS should be saved, and should be relocated. Stan Schuda, Palau Place, Costa Mesa, stated that he has had,problems renting his apartments since SOS started becoming so busy. Cathy Herrera., 683 Senate Street, Costa Mesa, stated that she moved to Costa Mesa a year ago and that she has seen a downgrade in the westside just in that short time, and feels SOS should be relocated. Debbie Marsfeller, 163 Albert Place, Costa Mesa, spoke in support of SOS remaining at its present location. Doris Chekouras, 2825 Shantar Drive, Costa Mesa, stated that it is important for the medical clinic to remain at Rea Center. Ellen Wright, 999 Hartford Way, Costa Mesa, stated that SOS was in the right place doing a job that needs to be done, that no one else is doing. She further stated that SOS has a board of over 20 directors and almost 200 volunteers, all of whom influence policy and the direc- tion that SOS takes; their vote was not to move SOS and they would hold their stand rather than move to another location with.restictions placed on them. Jeanette Elford, 682 Senate Street, Costa Mesa, stated that SOS does a good job, but the neighborhood looks terrible, the residents are frustrated, and until the west side is cleaned up, no problems will be solved. Jeff Edmonds, 2033 National Avenue, Costa Mesa, stated that he will work and pay his way, but he wants to come home to a safe neighborhood, not where it's full of transients, and his children have no place to play nor can they go to the park and play. He further stated that SOS is doing a good job, but they are getting too large; they need a bigger location and away from the neighborhood. Sherry Sprague, 699 Hamilton Street, Costa Mesa, stated that they are very tired of the filth and trash in the neighborhood caused by the transients and she is very afraid for her grandmother, who will be left alone in two months. Tom Schaffer, 2100 Wallace Avenue, Costa Mesa, stated that the town is going downhill fast; there are bums walking down his.street, and there is trash dumped in his front yard that he has to clean up. Motion to End the Following discussion, a motion was made by Council SOS Lease Failed Member Amburgey,.seconded by Council Member Glasgow, to Carry to terminate the SOS lease and direct staff to work with SOS in finding a suitable location within 60 days in a nonresidential area and assist with the move. J Vice Mayor Hornbuckle stated that she would not sup - ,,port the motion because she doesn't believe a location can be found that SOS or the City can afford and the ;City cannot go on paying for others' problems; there ,is a lease at Rea Center; there is a program in the ,location that serves the community surrounding it; it 'serves the clients of other agencies that are at Rea Community Center; it serves the children, and has the support of many people living in the neightborhood. Council Member Amburgey stated that this situation has a detrimental impact on the community. Council Member Glasgow stated that he had seconded the !motion as the activities at Rea are inappropriate based on the planning theory; zoning laws are designed to make compatible living in the community, i.e., commer- ,cial, manufacturing, and business to be separated from !residential; and the many different programs continuing lat the Center are the same as a business. 'Mayor Buffa closed discussion and called for the vote. 'Council Member Amburgey had more information on the isubject and a motion to continue discussion was made by ;Council Member Genis, seconded by Amburgey, and carried ;with a 3-2 vote, Council Members Buffa and Hornbuckle ,voting no. i Council Member Amburgey stated that the crime reports ;done by areas indicate area 9, which includes Rea Cen- :ter, was the highest in Costa Mesa. 'Council Member Amburgey responding to Council Member lGenis, stated that he would not oppose extending lease of the medical clinic. ,Mayor Buffa again called for the question and the vote Mailed to carry, 2-3, Council Members Buffa, Horn - 'buckle, and Genis voting no. MOTION !A motion was made by Mayor Buffa, seconded by Council SOS Lease Extended 'Member Glasgow, to extend the lease at SOS for six 6 Months; Medical months; to direct staff to assist SOS to find an alter - and Dental Lease ;nate location for the financial, food, and clothing Extended 18 Months !distribution activities; the medical and dental clinics ,are to remain at Rea Center for the six-month period ;and the medical and dental lease is to be extended for 'one year after the six-month period; however, if no ,alternate site has been found for the financial, food, ;and clothing distribution, these activities will be terminated. Council Member Amburgey made a substitute motion identical to the motion just stated with the 'exception that the medical and dental lease be extended !for a six-month period beyond the six-month period; the ,substitute motion died for lack of a second. The orig- !inal motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: Hornbuckle ABSENT: COUNCIL MEMBERS: None RECESS ,Mayor Buffa declared a recess at 12:40 a.m., and the ;meeting reconvened at 12:45 a.m. MOTION A motion by Vice Mayor Hornbuckle, seconded by Council Sister Cities Member Genis, to continue the requests for rehearings and Orange from Costa Mesa Sister Cities and the Orange County Cop County Cop !Bowl. The motion carried with a 4-1, Council Member Bowl Continued 'Glasgow voting no. 1 Solicitation The Clerk presented from the meeting May 15, 1989, an from Public amendment to the Municipal Code to prohibit solicita- Streets tion from public streets. The City Attorney summarized the scope of the ordinance and the amended material, and in response to Council Member Genis, stated that the ordinance was not uncon- stitutional, and that by recognizing repeated patterns such as the same vehicle or the same license, could be considered intent. Vice Mayor Hornbuckle-stated she could not see having the police department stop people from finding jobs and that perhaps something should be done to have the Federal Government do something about illegal aliens. An unidentified speaker presented slides and summa- rized an article that stated in three to four months, Mexico was going to hit a financial hardship regarding having enough food to feed their people and at that time there will be a further migration of Mexicans into the United States. MOTION On motion by Council Member Glasgow, seconded by Council Ordinance 89-24 Member Amburgey, Ordinance 89-24, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading AMENDING THE COSTA MESA MUNICIPAL CODE RELATING TO SOLICITATION OF EMPLOYMENT, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Hornbuckle, Genis ABSENT: COUNCIL MEMBERS: .None Lease Agreement The Clerk presented the Lease Agreement with Costa with Costa Mesa Mesa Veterans Memorial Hall., Incorporated, 567 West Veterans Memorial 18th Street, Costa Mesa, for use'of facilities at that Hall address for $1.00 per -year, for the period of August 1, 1989, through July 31, 1989, through July 31, 1991. The Assistant to the City Manager stated that the demo- lition is scheduled to proceed within the next two weeks on the Veterans Hall. Bob Hansen, 3261 Oregon Avenue, Costa Mesa, official spokesman for the Veterans Association in Costa Mesa, thanked the Costa Mesa City Council and staff for doing an outstanding job and for allowing the veterans to keep their home. MOTION A motion by Vice Mayor Hornbuckle, seconded by Council Agreement Member Glasgow, to approve the Lease Agreement with the Approved Veterans Association, carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBES: None ABSENT: COUNCIL MEMBERS: None Fire Prevention A motion by Vice Mayor Hornbuckle, seconded by Mayor Fee Increase Buffa, to continue proposed increase in fees and institution of new fees for Fire Prevention Services to the meeting of August 7, 1989. The motion carried 5-0. City's Trip The Clerk presented recommendations from the Employee Reduction Plan Transportation Steering Committee concerning the imple- mentation of the City's Trip Reduction Plan. The City Manager summarized a memorandum dated July 10, '1989, from Mike Waters, Chairman of the Employee Trans- portation Committee. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Trip Reduction Member Glasgow, and carried 5-0, recommendations from Plan Approvedthe Employee Transportation Steering Committee to imple- ment the Trip Reduction Plan to ensure compliance with !the South Coast Air Quality Management District's Computer Program, known as Regulation XV, were approved. COUNCIL MEMBER Council Member Genis stated that she had read in the COMMENTS ;newspaper that Orange now charges $895.00 to break up ;large parties, and if we charge a fee for this, she would like it brought up for review to see that it reflects costs, and if we do not have a fee, to ini- tiate steps for the fee. Vice Mayor Hornbuckle suggested notifying merchants that sell spray paint that it is illegal to sell it to minors. ADJOURNMENT The Mayor declared the meeting adjourned at 1:15 a.m. Mayor of the Cit Costa Mesa ATTEST: i 'ty Clerk of the.City of Costa esa