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HomeMy WebLinkAbout11/20/1989 - City Council193 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA NOVEMBER 20, 1989 The City Council of the City of Costa Mesa, California, met in regular session November 20, 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 Mrs. Wendy Manker, First Church of Christ Scientist. ROLL CALL Council Members Present: Mayor Peter Buffa Council Member Ory Amburgey Council Member Sandra Genis Council Member Edward Glasgow Council Members Absent: Officials Present: Vice Mayor Mary Hornbuckle (Arrived at 8:05 p.m.) City Manager Allan Roeder Acting City Attorney Eleanor Frey Deputy City Manager/Develop- ment Services Don Lamm Public Services Director William Morris City Clerk Eileen Phinney MINUTES On motion by Council Member Amburgey, seconded by Council November 1 and Member Glasgow, and carried 4-0, Vice Mayor Hornbuckle 6, 1989 absent, the minutes of the adjourned meeting of November 1, 1989, and the regular meeting of November 6, 1989, were approved as distributed. ORDINANCES A motion was made by Council Member Amburgey, seconded by Council Member Genis, and carried 4-0, Vice Mayor Horn - buckle absent, to read all ordinances by title only. ORAL Carl Bureman, 447 Princeton Drive, Costa Mesa, thanked COMMUNICATIONS the Public Services Director for fixing the street light at Swarthmore Lane. Street Light He spoke about the increased automobile activity in his Increased Automo- neighborhood and showed a video of Sunday morning, 7:30 bile Activity a.m. work, when workers were picking up big hunks of con- crete and dropping them in the truck. He pointed out that the two-hour parking sign at the corner and the Princeton Drive sign were torn down twice. He showed six cars parked in spaces allowed for four houses. Mayor Buffa asked the Public Services Director to have the code enforcement staff make a determination on the various complaints. He also suggested that there might be a memo and/or training session for the Communications Department on conditions. The City Manager said that Mr. Bureman, at the City's request, has met with other neighbors on the street and documented the various complaints and concerns which he has raised, and these have been submitted to the Deputy City Manager/Development Services for follow up. He said that the City has issued stop work orders, we have come to require daily inspection, because of the number of violations and complaints received. The City Inspectors have been given the green light to take any action neces- sary to gain compliance. He said that Mr. Nabers has RF been advised to tear out asphalt and concrete and redo it the proper way, and that he -should submit changes. Council Member Amburgey suggested that Staff and the City Attorney have a meeting to determine the alternatives regarding calling this item up for a rehearing on the conditional use permit extension. In response to Council Member Genis's question regarding the City having any provisions for civil penalties for non-compliance, the City Attorney said that we do not have the authority to impose that kind of penalty, but we can cite for violation of a municipal code if there has been an ordinance violation, or we can impose.addi- tional conditions or revoke, whatever the Council wants to do. Council Member Amburgey desires to receive alternatives from Staff, so that the Council can make a determination as to what extent we want to review the certificate of occupancy. The Deputy City Manager said that this item would be on the December 4, 1989, agenda. Mayor Buffa directed Mr. Bureman to give the video tape to the Deputy City Manager regarding a tow truck which he has observed parked on the corner in the southwest part of Costa Mesa for three weeks obstructing the view of the street for cars trying to turn. West Side Crime Janice Davidson, 1982 Arnold Avenue, Costa Mesa, said Statistics that two months ago a trash can was requested for Ham- ilton and Pomona and it had never been put in. She spoke as president of Save our Neighborbood which includes 25 active families, regarding getting an update on increased crime statistics on the west side. Mayor Buffa asked the City Manager to refer these comments to Chief Snowden and report back to the Council with an idea of what it would take to get an updated survey of crimes of all classes on the west side. The City Manager said that the information is on the com- puter and is easily accessible to the public, and will be presented at the next meeting. Canyon Park Roy Pizarek, 1923 Whittier Street, Costa Mesa, asked where Development we were in relation to Canyon Park development. The City Manager said that Canyon Park was approved for final development, and the revised bid will be ready the first quarter of 1990, and construction underway. Lions Den Richard Goldstein, 1981 Wallace, Costa Mesa, asked that the crime survey go back one year, instead of six months. Victoria Widening He said that the Lions Den, 719 W. 19th Street, has exces- Project sive noise, and homosexual activity. He also mentioned Baker/Gisler the Victoria Street widening project, and the traffic caused by Baker/Gisler storm drain construction. Storm Drain The City Manager said that the Baker/Gisler storm drain is not a City project, and is under the jurisdiction of the Orange County Sanitation District, but that is no excuse for poor lane markings and poor traffic control, and it will be investigated. Council Member Amburgey remarked that in his travels in that area, he noticed that they were doing a good job of signaling and signing to make the traffic flow as effici- ently as possible. Pat Dolan, 923 West 20th Street, Costa Mesa, representing himself and the Mesa West Homeowners Association, thanked Canyon Park the Council for their commitment to Canyon Park on the west side. He asked about: 1) Canyon Park, the money which was allocated for the park initially, the disposi- tion of the interest on that money over the last ten years, the cost of the park, and the number of trees originally planned as compared to the trees now projected, 2) Crime in regard to citizens' reports, 3) Homosexual problem at Newport Station Lucky Lion, 4) Code enforce- ment on weekend. Crime in West Dave Salcido, 29 Balboa Cove, Newport Beach, owner of Side property on the west side of Costa Mesa, stated that he purchased the units in 1982. He mentioned the crime and deterioration which has taken place, and he said that it is getting harder to rent the units. He mentioned a community alert plan to have citizens volunteer their services and call the police department. Phil Morello, 592 Hamilton Street, No. C, Costa Mesa, spoke about the deteriorating safety conditions on the west side of Costa Mesa, and pointed out specific crimes. He mentioned HUD tenants, illegal aliens, and low income tenants creating an atmosphere of pervasive crime. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 4, Transportation Corridor Agencies Major Bridge and Thoroughfare Bridge Fee Program; and Item 8(a), Change Order No. 19 for $108,729.22 to the contract with Aman -Brothers, Incorporated, 614 East Edna Place, Covina, for the Harbor/Maple Storm Drain, Phase II. MOTION On motion by Council Member Amburgey, seconded by Council Consent Calendar Member Glasgow, the remaining Consent Calendar items Approved were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle WRITTEN A request for installation of speed bumps on Gibraltar COMMUNICATIONS Avenue was received from Joyce Thimsen, 3194 Gibraltar Avenue, Costa Mesa. On motion by Council Member Amburgey, Speed Bumps on seconded by Council Member Glasgow, and carried 4-0, Gibraltar Avenue Vice Mayor Hornbuckle absent, the request was referred to the Transportation Commission. READING FOLDER On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 4-0, Vice Mayor Hornbuckle, absent, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Larry J. Arruda; Lisa Beal; William and Suzanne Donovan; and Christo- pher H. James. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning Division: Joseph C. I. Corpor- Licenses ation, doing business as La Pergola, 1969 Harbor Boule- vard; Pranzo Restaurant, doing business at 1907-1909 Harbor Boulevard; Pamela Spadafore, doing business at 333 East 17th Street; Va Ly and Chan Vong, doing business as Mesa Verde Liquor, 1520 Baker Street; and Eduardo Gazali, doing business at 1673 Irvine Avenue, Suite No. 8. BUSINESS PER14IT Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Purple Heart Veterans Rehabili- Purple Heart tation Services, Incorporated, doing business as Purple Veterans Heart Thrift Stores, 555 East Ocean Boulevard, Suite 225, Long Beach, by door-to-door solicitation of usable cloth - MOTION ing and household items, approximately every 3 to 4 weeks Permit Approved during calendar year 1990. On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 4-0, Vice Mayor Hornbuckle absent, the permit was approved with application of Municipal Code Section 9-229. SET FOR PUBLIC On motion by Council Member Amburgey, seconded by Council HEARING Member Glasgow, and carried 4-0, Vice Mayor Hornbuckle absent, the following item was set for public hearing on December 4, 1989, at 6:30 p.m. Review of Metro Annual review of Metro Pointe Development Agreement Pointe Development DA -88-02 for A & R and R & A, Parcel 5, for Phases II Agreement DA -88-02 III, located at the southwesterly portion (odd numbers) of the 900 block of South Coast Drive in a PDC zone. Environmental Determination: Environmental Impact Report No. 1020 certified in 1984. WARRANTS On motion by Council Member Amburgey, seconded by Council Member Glasgow, Warrant Resolution 1448, including Pay - MOTION rolls 8922 and 8923, was approved by the following roll Warrant 1448 call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle CLAIMS On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 4-0, Vice Mayor Hornbuckle MOTION absent, the following claims were rejected: Claims Rejected Michael F. Baron; Jesus V. Billa; Lissa Marie Seyboth Stellhorn; Patrick W. Weisen. ADMINISTRATIVE ACTIONS Staff requested approval of Change Order No. 1 for $7,989.56 to the contract with Ekins Floor Covering, Change Order No. 1 401 Rolyn Place, Arcadia, for Bid Item No. 864, Carpet - Ekins Floor Covering ing for the Neighborhood Community Center. On motion Bid Item 864 by Council Member Amburgey, seconded by Council Member Carpeting for NCC Glasgow, the change order was approved by the following roll call vote: AYES: COUNCIL M94BERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Purchase of Sur- Staff requested approval to purchase surveillance items veillance Items for $11,400.00 from sole source vendor, Audio Intelli- from Audio Intelli- gence Devices, Incorporated, 1400 Northwest 62nd Street, gence Devices. Fort Lauderdale, Florida. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the pur- chase was approved by the following roll call vote: Wg . AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Notice of Completion Traffic Signal Modifications at the Intersections of Traffic Signal Modi- of Placentia Avenue/Estancia High School North and Fair fications Drive/Loyola Road have been completed to the satisfaction of the Public Services Director by Signal Maintenance, Incorporated, 2720 East Regal Park Drive, Anaheim. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the improvements were accepted; the Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance bond was ordered exonerated 12 months thereafter. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Traffic Signal Traffic Signal Installation at the Intersection of Baker Installation Street and Fire Station No. 2 has been completed to the satisfaction of the Public Services Director by Metro Electric Company, 10655 Inez Street, Whittier. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the improvements were accepted; the Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance bond was ordered exonerated 12 months thereafter. The motion carried by' the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Parking Prohib- The.Transportation Commission recommended that parking ition On Monterey be prohibited along both curbs of Monterey Avenue between Avenue El Camino and Mission Drives on Mondays from 9:00 a.m. to 11:00 a.m., for street sweeping. MOTION A motion was made by Council Member Amburgey, seconded Resolution 89-182 by Council Member Glasgow, to adopt Resolution 89-182, Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF MONTEREY AVENUE FOR THE PURPOSE OF STREET SWEEPING. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES:' COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Item 4 on the Consent Calendar was presented: Transpor- tation Corridor Agencies Major Bridge and Thoroughfare Bridge Fee Program. Roy Pizarek, 1923 Whittier Street, Costa Mesa, wanted clarification of the item. The Public Services Director said that the City had received correspondence from the Transportation Corridor Agencies requesting that we put an item on the Calendar for public hearing, December 4, 1989, which would adjust the development fees which are being imposed on new devel- opments at the building permit stage which would pay for • z�498 improvements for their share of the improvements of the proposed transportation corridors. Mayor Buffa explained that the Transportation Corridor Program has to do with the building of three new toll roads, the one concerning the City of Costa Mesa, would be the San Joaquin Hills Toll Road which would start at Route 73 and would be the northern end of the toll road, dropping down south of the 405 Y and hook up with the 5 again just north of San Juan Capistrano. He said that the agency responsible for building that toll road, and two others, is going to ask each of the cities involved to see if they would agree to a developer fee increase levied on commerical developers. When they want to build a project, a certain amount of money must go to the Transportation Corridor Agencies for those cities who are members, and we are a member of that agency. MOTION On motion by Council Member Amburgey, seconded by Council Hearing Set for Member Genis, and carried 4-0, Vice Mayor Hornbuckle December 4, 1989 absent, this item was set for public hearing on December 4, 1989, at 6:30 p.m., in the Council Chambers of City Hall. Item 8(a) on the Consent Calendar was presented: Change Order No. 19 for $108,729.22 to the contract with Aman Brothers, Inc., 614 East Edna Place, Covina, for addi- tional pavement and base material for Harbor/Maple Storm Drain, Phase II. Richard Goldstein, 1981 Wallace, Costa Mesa, asked what the $108,729.22 was for. The Public Services Director explained that at the con- struction of the Harbor/Maple Storm Drain, there was a portion of the plans where the median islands were deleted from installation on this project, and the City processed a credit in the amount of approximately $380,000 for the deletion of the median island. In lieu of that, the plans had to be altered to provide for base material and pavement in the area where the median islands would have been installed. The majority of this $108,000 would be for paying for the base material and asphalt at the unit price bid and installing that material in the middle of street where the medians would have gone. MOTION On a motion by Council Member Amburgey, seconded by Change Order Council Member Glasgow, and carried 4-0, Vice Mayor Horn - No. 19 Approved buckle absent, Item 8(a), Change Order No. 19 for $108,729.22 to the contract with Aman Brothers, Incorpor- ated, 614 East Edna Place, Covina, for additional pave- ment and base material for Harbor/Maple Storm Drain, Phase II, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle PUBLIC HEARING The Clerk announced that this was the time and place set R-89-05 City of for the public hearing to consider Rezone Petition Costa Mesa R-89-05, City of Costa Mesa, to rezone property at 2080 Charle Street and 523 Hamilton Street from R2 to C2. Environmental Determination: Negative Declaration. The Affidavit of publication is on file in the Clerk's Office. No communications were received. The Clerk also presented a resolution declaring the above property as surplus property and declaring Council's intention to dispose of said property. Deputy City Manager/Development Services said that the project was proposed by the Leisure Services Department to rezone the site from its current zone of R2 to that of C2 to match the entire block along the Harbor Boule- vard frontage and Hamilton Street. He said that the underlying General Plan for this site is commercial and the Planning Commission recommends denial of the applica- tion, leaving the property zoned R2. Following the Plan- ning Commission's recommendation, the Leisure Services Director has reconsidered and requested that he be allowed to withdraw the application. If the R2 zone is to be retained, the Deputy City Manager requested Council to direct staff to initiate the appropriate General Plan Amendment to change the area from Commercial designation to Medium Density Residential. Council Member Genis said that the City originally pur- chased this property for park purposes, and she asked if it was paid for out of park funds or the general fund, and the Deputy City Manager replied that the property was paid for by park funds. Council Member Genis mentioned the minimum park size standard of 2.5 acres and asked where and why this was adopted, and the Deputy City Manager responded that he would research the history and report back. Sid Soffer, 900 Arbor Street, Costa Mesa, pointed out that putting residential next to commercial causes noise ccinpla ints . Carl Bureman, 447 Princeton Drive, Costa Mesa, suggested that if the property is not big enough for a park, to use the money to support the Senior Center, or another park somewhere in the City. The City Manager pointed out that this site was purchased with proceeds from the open space bond issue, and if the Council decided to sell the property, the funds, by law, would have to go back into the open space bond issue account and only be used for acquisition of open space and park development. Motion Failed A motion was made by Council Member Glasgow, seconded by to Carry Council Member Amburgey, to withdraw Rezone Petition R-89-05, and approve the resolution declaring the above property as surplus property. The motion failed to carry 2-2, Mayor Buffa and Council Member Genis voting no, Vice Mayor Hornbuckle absent. Council Member Genis said that she opposed the motion because there was no rationale provided as to why the 2.5 acres is too.small for a park, and because of a number of rezones in the area, population density has been intensified. Council Member Amburgey pointed out that directly to the west.is Rea Community Center which is a considerably large parkland, and across the street is Pcmona Street School which provides a large amount of open space, and directly north and to the west of that there is Wilson School. Council Member Genis said that the mentioned school areas are not public parkland.but owned by the school district and could be disposed of at their will. 040 Sid Soffer, 900 Arbor Street, Costa Mesa, pointed out that State statutes provide that money taken from devel- opers in lieu of donating property for a park shall be spent in the same neighborhood from which it is taken. MOTION A motion was made by Mayor Buffa, seconded by Council R-89-05 and Member Genis, and carried 4-0, Vice Mayor Hornbuckle Resolution With- absent, to withdraw Rezone Petition R-89-05 and the pro - drawn posed resolution. OLD BUSINESS The Clerk presented Ordinance 89-27 for second reading R-89-03 O'Brien and adoption. The ordinance changes the zoning of pro- perty at 2043, 2047, and 2053 Charle Street from R2 to R3, in connection with Rezone Petition R-89-03, The O'Brien Family Trust. The Deputy City Manager said that the applicant has recorded Lot Line Adjustment LL -89-16 for the combination of three lots. MOTION On motion by Council Member Amburgey, seconded by Mayor Ordinance 89-27 Buffa, Ordinance 89-27, AN ORDINANCE OF THE CITY COUNCIL Adopted OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY AT 2043, 2047, AND 2053 CHARLE STREET FROM R2 TO R3, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: Hornbuckle OLD BUSINESS The Clerk presented a resolution supporting the adequacy I-405 Access and of the Initial Study/Environmental Document for the I-405 Widening Access and Widening. The Public Services Director requested that this item be continued for two weeks in order to further investigate the concern with noise attenuation along the I-405 Freeway. MOTION A motion was made by Council Member Glasgow, seconded by Continued to Council Member Amburgey, and carried 4-0, Vice Mayor December 4, 1989 Hornbuckle absent, to continue this item to the meeting of December 4, 1989. OLD BUSINESS The Clerk announced the item for additional information Orange Coast College concerning the Orange Coast College Foundation's applica- Foundation Funding tion for funding through the Cultural Arts Committee grants process. The -City Manager said that this was a follow up item to Council action of August 7, 1989, at which time the Council approved the cultural arts grants. At that time, Council deferred action on a request for $16,000 frcm Orange Coast College pending additional information which has been responded to in a letter to Mayor Buffa dated October 26, 1989, and representatives from Orange Coast College are present to make the proposal and answer questions. Doug Bennett, Director of Institutional Advancement, Orange Coast College, mentioned that the items to be purchased with the funds would be follow spot lights at the back of the auditorium, new lighting instruments above the main stage and side curtains. If the theatre were remodelled, all of the new items would be able to be used with the exception of the side curtains. Mayor Buffa referred to the the October 26, 1989, letter from Mr. Bennett, and asked about a breakdown of the $16,000. Mr. Bennett had no specific estimates. Doreen Hardy, General Manager of the South Coast Sym- phony in Costa Mesa, spoke in support of the renovation project of the Robert B. Moore Theatre. She said that the acoustical sound shell needs to be completed and was not mentioned in the architectural report. Ms. Hardy mentioned that this was the only theatre for Costa Mesa purposes where the symphony can perform and charge affordable ticket prices. Motion to Approve A motion was made by Council Member Glasgow, seconded by Request Failed to Council Member Amburgey, to approve the grant request Carry from Orange Coast College. The motion failed to carry 2-2, Mayor Buffa and Council Member Genis voting no, Vice Mayor Hornbuckle absent. NEW BUSINESS The Clerk presented a request for review of a General Request to Plan Amendment to change the land use designation from Process General Medium Density Residential to Neighborhood Commercial Plan Amendment for property at 125 Mesa Drive, Newport Harbor Animal Hospital. Newport Harbor The Deputy City Manager said that Staff had received a Animal Hospital request from the Newport Harbor Animal Hospital, 125 Mesa Drive, to change the General Plan for this property from Medium Density Residential to Neighborhood Commercial, and secondly, to.initiate the zone change from R2 to Cl. He said that while this request may not comply completely with Council policy, staff feels that it is appropriate for Council to pursue since the animal hospital has been there since 1946, and to bring the actual use into con- formance with the.land zone and General Plan. He refer- red to Council Member Genis's suggestion of the CL zone which would not require a General Plan Amendment, which is an option, however the Deputy City Manager wants an affirmative vote which will allow the staff to commence processing the amendment. Dwight Griffith, 2121 East Coast Highway, Suite 280, Corona del Mar, authorized agent for the property owner, Gary Burge, said that they are trying to conform the City's land use policies with_a reality which has been in existence since the middle 401s. He had appeared before the Planning Department and brought the indepen- dent action as suggested. In response to Council Member Amburgey's question, the Deputy City Manager said that if Council did not permit the initiation of the General Plan Amendment, the General Plan would not change, the zone would not change, and the animal hospital could continue to operate its business as it currently does, but it could not expand the physi- cal size of the business or change it to any other com- mercial use. Dwight Griffith said that there are several significant operational problems with the hospital in its present layout, for instance, a parking problem. MOTION A motion was made by Council Member Amburgey, seconded Request Denied by Council Member Glasgow, and carried 3-1, Council Member Genis voting no, Vice Mayor Hornbuckle absent, denying the request to process a General Plan Amendment. NEW BUSINESS The Clerk presented an ordinance amending Chapter XI of Permit Parking Title 10 of the Costa Mesa Municipal Code relating to permit parking. The Director of Public Services said that staff needs to better monitor the vehicles which are being parked in the City Hall area. With parking permits for the City Hall area, staff would be able to monitor the City vehi- cles to meet South Coast Air Quality Management District requirements, and to ticket any cars which are not responsibly parked. Council discussion followed regard- ing parking permits. Vice Mayor Vice Mayor Hornbuckle arrived at the meeting at 8:05 p.m. Hornbuckle arrived Sid Soffer, 900 Arbor Street, Costa Mesa, asked for clarification as to what areas for parking were involved, and would there be sufficient places for the public to park. Richard Goldstein, 1981 Wallace, Costa Mesa, mentioned the parking signage for Employees Parking only. MOTION On motion by Council Member Amburgey, seconded by Vice Ordinance 89-30 Mayor Hornbuckle, Ordinance 89-30, AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER XI OF TITLE 10 OF THE COSTA MESA MUNICI- PAL CODE RELATING TO PER4IT PARKING, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented an ordinance to allow the conduct of Bingo Games Bingo games by Costa Mesa based nonprofit charitable organizations. The Assistant to the City Manager gave an overview of the draft ordinance which would enable the conduct of Bingo Games as prescribed under the State Penal Code. He said that while the majority of the Ordinance is a reflection of the State law, staff has placed the following addi- tional restrictions on this draft: 1) Definition of a Costa Mesa -based, nonprofit, charity group in town at least three years, 2) Hours of operation, proposed 11:00 a.m. to 9:00 p.m., 3) Number of Bingo sessions at any given site and the number of times per week which an organization could conduct those game, 4) Suspension and Revocation processes outlined in the Ordinance, 5) Iden- tification of a Bingo Manager on site with an identifica- tion tag, 6) Police access to any Bingo session. He said that staff would return to the Council at a future date with a Resolution establishing fees and a renewal process. Staff has written into the Ordinance the opportunity for Council to adopt a Resolution in the future which would restrict the number of Bingo permits or licenses permitted in a given year. Bob Hanson, representing the Veterans Memorial Hall in Costa Mesa, a corporation made up of three non-profit veterans organizations, the American Legion Post 455, VFW Post 3536, and Post 117, said that each of the organizations have programs to raise money to help the community and the veteran himself: hospital programs, brown bag for senior citizens. He said that Bingo was the answer for them, and requested serious consideration for it. Marie Maples, 461 Swarthmore Lane, Costa Mesa, represent- ing the Senior Citizens' Corporation, said that she thought every senior lady in the City of Costa Mesa would like to be able to play Bingo; however, the seniors do not have a rocm big enough to play. �J -203 In answer to Ms. Maples's question, the City Manager answered that organizations would have the ability to conduct Bingo once a week at their principle meeting place; for example, the Senior Citizens could schedule the neighborhood Community Center for that activity. He said that no arrangements for a public or municipal Bingo facility specifically for that purpose will be made. Ms. Maples said that the Costa Mesa seniors would be more interested in playing at other organizations' games than in organizing their own. Richard Goldstein, 1981 Wallace, Costa Mesa, asked if it would be better to have one location for Bingo instead of a number of Bingo games going on around the City. Mayor Buffa said that many of the groups interested would consolidate their efforts because of the tight requirements as to how the game is administered, run, controlled, and monitored. Vice Mayor Hornbuckle said that this also allows the Council to limit the maximum number of Bingo licenses that would be authorized so that there is some control over how many organizations may receive a year's license. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in favor of Bingo, his only concern being limitations on banner type signs. Mayor Buffa responded that there is a cate- gory for special events in the sign ordinance which allows the display of a sign of a certain size for 30 days a year by permit. Doug Bennett, Director of Institutional Advancement, Orange Coast College, said that the college is interested in having Bingo games, but before they can proceed any further, they must have an ordinance enacted by the City before they can go to the faculty, staff, and Board of Trustees to authorize Bingo on the campus. He said that the Edison High School Bingo requires 25 volunteers, 50 nights a year, one night.a week; no paid staff except security officers and a bookkeeper. Lu Bisson, 774 Allegheny Avenue, Costa Mesa, a veteran, mentioned that Orange Coast College wants Bingo, and said that they already have the Swap Meet two days a week renting 6,000 spaces at a minimum of $12.00 per space per day, they get money from the Lottery, and other sources. He pointed out that the veterans have no sources for money, and should be permitted to have Bingo. Council Member Glasgow asked Investigator Wilson of the Police Department if the Police Department is aware of problems in other ccmmunities presented by the Bingo Ordinance. Mr. Wilson said that the City of Anaheim and the City of Santa Ana have corrected their problems with a good ordinance, such as the City of Costa Mesa has now. Council Member Amburgey suggested the following change be made before the second reading of this item: Page 5, Item 4, regarding grounds for denial of application, strike "signing the application," because anyone could sign it if an officer had a criminal charge. The Acting City Attorney said that regarding Item 4, it was written this way because the ordinance requires only two persons to sign the application and does not require 04 disclosure of all the officers of the organization. It was her understanding that it would be burdensome for the charitable organizations to disclose their entire officers and every time there was a new officer appointed, they would have to come back and report. There would be an annual renewal process so that there would be two officers signing the application each year; namely, the president and treasurer of the organization. This was done for administrative purposes. In answer to Mayor Buffa's question, the Acting City Attor- ney said that it would be within the City's authority to review all officers of the organization before a license is issued to conduct a gambling operation within the City and suggested adding in Section 9-308 (2), at the end of the first sentence, "and the name and date of birth of all officers" so that a background check could be run. Council Member Amburgey recommended: 1) to strike the sentence "Additionally, only one bingo session per week will be allowed at any one site" from page 6, Section 9-315, 2) Add "in English only" to Section 9-318 (d). Following a discussion regarding adding the prohibition of drugs in Section 9-317, Mayor Buffa requested that the Acting City Attorney to report back to the Council. Police Officer George Wilson responded to a question from Sid Soffer, 900 Arbor Street, Costa Mesa, and said that Anaheim had a very serious problem with an alcohol reform home which was licensed by the State as a charit- able organization, but the Bingo operation was run by crooks, and Santa Ana had similar problems. Mayor Buffa said that in issuing a Bingo license to a charitable organization, complaints would have to be mon- itored closely. George Wilson, Costa Mesa Police Department, responded to Council Member Amburgey regarding the one Bingo session on any one site, and said that it would not look good for the City to have a Bingo game every night of the week. Mayor Buffa responded to Richard Goldstein, 1981 Wallace, Costa Mesa, regarding how the City would conduct back- ground checks of officers of organizations, and said that it would not be difficult with computerization. Council Member Genis said that the Bingo Manager should also be checked, and wanted only one session per week at a single site. Vice Mayor Hornbuckle supported the Bingo ordinance and said that it would give a charitable organization another option; however, the ordinance should be followed by a ban on fireworks. MOTION On motion made by Vice Mayor Hornbuckle, seconded by Amended Ordinance Council Member Genis, Ordinance 89-31, AN ORDINANCE OF 89-31 Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading AMENDING THE MUNICIPAL CODE TO ALLOW CERTAIN COSTA MESA - BASED, NONPROFIT, CHARITABLE ORGANIZATIONS TO CONDUCT BINGO GAMES FOR CHARITY, was given first reading and passed to second reading with changes in ordinance as proposed: Section 9-308, (2) The names and signatures of the presiding officer and treasurer of the organiza- tion, and the names and dates of birth of all officers; Section 9-310, (4) Any officer of the organization, or the Bingo Manager, has, within five (5) years prior to { e.� 205 the application filing date, been convicted in a court of competent jurisdiction of a felony or any crime involving theft, embezzlement, dishonesty or fraud; or drug related offense; Section 9-317 PROHIBITION OF ALCO- HOL AND ILLEGAL DRUGS; (b) The licensee shall not allow a person under the influence of drugs or alcohol to part- icipate in or staff a Bingo game. (Alterations to Ordinance underlined.) The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Council Member Genis said that she would not support a City -sponsored area for Bingo, but that the City should provide a means for Bingo and regulate it to prevent exploitation. Vice'Mayor Hornbuckle commented that this is a tightly written ordinance and will allow some measure of fun, and at the same time control it and eliminate some of the problems. Council Member Glasgow said that he was strongly opposed to gambling, but when the State allowed it, he changed his mind based on State law allowing the lottery. Council Member Amburgey mentioned prohibition of fire- works sale in Costa Mesa. RECESS The Mayor declared a recess at 8:55 p.m., and the meeting reconvened at 9:05 p.m. NEW BUSINESS The Clerk presented a Council policy concerning parkway Parkway Maintenance maintenance and tree preservation. and Tree Preserva- tion The Assistant to the City Manager gave the three high- lights of the policy which are: 1) Specifies conditions under which the City or a private property owner may remove a tree in the public right-of-way, 2) Provides for reforestation of the public right-of-way in accord- ance with a Master Planting Plan, 3) Outlines standards for the repair and installation of sidewalks in conjunc- tion with City projects. Motion Was Made A motion was made by Vice Mayor Hornbuckle, seconded by to Approve the Council Member Glasgow, to approve the Parkway Mainten- Policy ance and Tree Preservation policy. Council Member Genis suggested making a provision for people who damage the sidewalk to be responsible for its repair. Substitute Motion A substitute motion was made by Council Member Amburgey, Made to Amend seconded by Council Member Glasgow, to allow the City to Policy accommodate the citizen who wants a particular tree left in place, and at the same time, notifying the City so should the tree create a problem in the next few years, the homeowner then would-be responsible for removing the tree and/or replacing the sidewalk. Vice Mayor Hornbuckle said that she would not agree partly because staff's memo points out that short of developing an ordinance, they have not found a method that would hold the property owner liable, and the other part is that she has some real objection to removing healthy trees. She liked the policy as written because it stresses tree preservation; a fully grown tree cannot be replaced with anything smaller and still have the same affect on the parkway. She added that if a tree is not causing a problem, there are some real problems in removing the tree. She would not consider adding it to this motion, but Mr. Amburgey could attempt an additional motion to modify the policy, or he could make a motion to develop an ordinance. She had some reluctance in remov- ing trees unless they are causing damage or problems. The Acting City Attorney said that in order for a docu- ment to be recordable, to be part of the title to the property, both the benefits and the burdens of the agree- ment must "touch and concern real property". An indem- nity agreement, which is an agreement to pay money, does not do that, so it would not be a recordable document, and when the title to the property passes from one owner to another, responsibilities of the agreement could not be made to pass along with it. She stated that the only way this could be done would be to get the new owner to abide by the same agreement. She mentioned that a cash deposit is a realistic possiblity. Council Member Genis asked if it would be more feasible to hold the property owner liable for future accidents or repairs with an ordinance. The Acting City Attorney responded that there is an ordinance authorized by State law which a number of cities have adopted that puts the responsibility on the abutting property owner to keep the sidewalk in repair; however, it does not protect the City from the liability problem, it simply would give the City the right to demand that the sidewalk be repaired and if it were not done within a reasonable amount of time, the City would repair it and place a lien on the property. Second Substitute A second substitute motion was made by Council Member Motion Made to Genis, seconded by Council Member Amburgey, to have staff Have Staff Assist work with Council Member Amburgey in wording the policy in Rewording for the December 4, 1989, meeting. THIRD SUBSTITUTE A third substitute motion was made by Mayor Buffa, MOTION seconded by Council Member Genis, and carried 5-0, to Policy Adopted As approve this policy as is, and direct staff to come Written back with an amendment based upon input from Council Member Amburgey in terms of a property owner who wants to retain a tree that is not doing damage at present, but there is reason to believe that it will do so in the near future. NEW BUSINESS The Clerk presented a request frcm the Cable Television Cable Television Committee to allocate grant funds to two additional Committee applicants. On motion by Vice Mayor Hornbuckle, seconded by Council Member Genis, two additional cable grant requests from the Cable Television Committee to allocate grant funds to: John E. Young for $6,375.00 and Leslie Daigle for $3,980.00, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented a resolution of endorsement for AB 680 Private designation of State Route 57 extension as a candidate Toll Road Program project for the AB 680 private toll road program. I I The City Manager pointed out that this is simply an endorsement of submitting the Route 57 extension as a candidate for funding; it does not commit the Council to a formal buy -in of that project, its design, or its funding. Mayor Buffa agreed that Council should act on the resolution as is, but suggested that the cover letter, specify that this not refer to extending Route 57 below or south of the 405 Freeway, that the connectors between this proposed route and the 405 not proceed south of the existing 405 Freeway, and any impact on the neighboring residential areas shall be mitigated. MOTION A motion was made by Mayor Buffa, seconded by Vice Resolution 89-183 Mayor Hornbuckle, to adopt Resolution 89-183, A RESOLU- Adopted TION.OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO ENDORSE FOR DESIGNATION OF STATE ROUTE 57 EXTENSION AS A CANDIDATE PROJECT FOR THE AB 680 PRI- VATE TOLL ROAD PROGRAM. The motion carried by the fol- lowing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION A motion was made by Mayor Buffa, seconded by Vice Mayor Staff Directed Hornbuckle, and carried 4-1, Council Member Glasgow To Prepare A voting no, to have staff prepare a cover letter for the Cover Letter Mayor's signature including the statement that Council opposes any extensions, whether freeway or connectors, south of the 405 Freeway. A discussion followed regarding connectors south of the 405 Freeway, and Mayor Buffa pointed out that Assembly Bill 680 for the private toll road program states that two major roadways will be built completely with private funds, and operated as toll roads. CITY ATTORNEY The Acting City Attorney requested that Council authorize REPORTS the City Attorney's office to file suit to collect delinquent transportation corridor fees from the Lakes The Lakes Devel- Development. opment Fees On motion by Vice Mayor Hornbuckle, seconded by Council MOTION Member Genis, the Acting City Attorney's request was Authorized Litiga- approved by the following roll call vote: tion to Collect AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Fees Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Luttrell Claim The Acting City Attorney asked the Council to approve the request for settlement authority for the claim from Teresa M. Luttrell in the amount of $8,000.00. MOTION On motion by Council Member Amburgey, seconded by Vice Authorized Mayor Hornbuckle, settlement authority in the amount of Settlement $8,000.00 was approved by the following roll call vote: Authority AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Acting City Attorney said that a closed session was necessary on the Pacific.Amphitheatre litigation: Con- cerned Citizens of Costa Mesa versus Ned West, Incorpor- ated, et al, Orange County Superior Court, Case No. 420728, and recommended that the Council determine that the need for the closed session arose after posting of the agenda. MOTION On motion made by Vice Mayor Hornbuckle, seconded by Closed Session Council Member Genis, and carried 5-0, it was determined Authorized that the need for the closed session, to be held this evening, arose after the posting of the agenda, persuant to the Acting City Attorney's memorandum of November 20, 1989. COUNCIL MEMBERS Council Member Genis said that on December 2, 1989, 9:00 COMMENTS a.m. to 3:00 p.m., there will be a toxic waste round -up in Irvine at 3333 Michelsen, for anyone having cans of Toxic Waste pesticide, paint, paint thinner, etc. She said that Round -Up additional information may be obtained from the Orange County Fire Department. Los Angeles Council Member Genis pointed out that the LOS Angeles Times Misquote Times had printed statements which she did not say, and did not know about them until she saw them in the paper. Golf Course Council Member Genis was concerned about the condition of the golf course: fungus on some of the greens, fairway maintenance, drainage problems, irrigation repairs needed. She said that the City was ready to tear up some of the better greens, and it should be held up. Mayor Buffa suggested that Leisure Services report back on what the current and planned work is on the golf course. The City Manager reported that he has already instructed the Golf Course Superintendent and Director of Leisure Services to put a hold on any of those additional improve- ments. He said that a field walk has been scheduled with some of the Council members and the Golf Course Superin- tendent to walk the course and look at the specific con- cerns prior to any initiation of further renovation on course. In answer to Council Member Amburgey's question, the City Manager said that all of the greens have been redone on the Mesa Linda Course, and two greens have been redone on Lyes Lagos. Council Member Glasgow commented that there have been more problems with the new greens than the existing clay greens, and was in agreement that greens should not be torn up. He mentioned that an elevator was needed in the clubhouse to allow the disabled to get to the banquet facilties. Mayor Buffa requested a report from the Leisure Services concerning the progress of the golf course. ADJOURM4ENT TO At 9:55 p.m., the Mayor adjourned the meeting to a closed CLOSED SESSION session in the first floor Conference Room to discuss the Pacific Amphitheatre Lawsuit. No action was taken. ADJOURNMENT The Mayor declared the meeting adjourned at 10:30 p.m. Mayor of the CM of Costa Mesa ATTEST:. 4it—y-=Clerk of the City ofCo to Mesa