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HomeMy WebLinkAbout12/06/1993 - City Council309 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 6, 1993 The City Council of the City of Costa Mesa, California, met in regular session December 6, 1993, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the 'Pledge of Allegiance to the Flag, and invocation by the Reverend Rod Randall, Harbor Trinity Baptist Church. ROLL CALL Council Members Present: Mayor Sandra Genis Vice Mayor Jay Humphrey Council Member Mary Hornbuckle Council Member Peter Buffa Council Member Joe Erickson Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Redevelopment Project Manager Muriel Berman Community Services Director Keith Van Holt Senior Planner Alice Angus Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Buffa, seconded by Council Member November 15, 1993 Erickson, and carried 4-0, Vice Mayor Humphrey abstaining, the minutes of the regular meeting of November 15, 1993, were approved as revised. ORDINANCES AND A motion was made by Council Member Hornbuckle, seconded by RESOLUTIONS Council Member Erickson, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Genis presented Certificates of Appreciation in recognition Transportation of their years of service to the outgoing members of the Costa Mesa Commission Transportation Commission: Ronald Bauer, Linda Dixon, Agnes Dubberly, Derald Hunt, and David Stiller. I ORAL COMMUNI- Ernie Feeney, 1154 Dorset Lane, Costa Mesa, reported that a CATIONS member of the Parks, Recreation Facilities, and Parkways Improvement of Commission, had spoken to the Daily Pilot, the Los Angeles Times, City Playgrounds and the Orange County Register, suggesting that the City utilize $5,000,000.00 in reserve funds to improve City playgrounds. The City Manager stated that he was under the impression that this commissioner was not speaking on behalf of the Commission but was expressing his own views. Mayor Genis added that numerous study sessions were held prior to adoption of the current budget wherein members of the public, as well as commissioners, were invited to comment; and a mid -year budget review will be held later this year. {3 :0 b ffi Fairview Road/55 Charles Markel, 2851 Clubhouse Road, Costa Mesa, stated that the Freeway Intersection intersection at Fairview Road and the 55 Freeway frontage road is extremely dangerous due to inadequate signage. Mayor Genis asked the City Manager and the Public Services Director to investigate. Soffer Comments Sid Soffer, 900 Arbor. Street, Costa Mesa, commented that the City of Newport Beach is making concessions to accommodate businesses for planning and zoning ordinance requirements, as opposed to Costa 'Mesa's endorsement of variance regulations. He commented that the City has more immediate problems than parks and bike lanes. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR 8, Change Order No. 1 to the contract with Geofon, Inc., to provide construction ' testing services for the Intermodal Surface Transportation Efficiency Act (ISTEA) construction projects approved for the 1992-93 fiscal year. MOTION On motion by Council Member Hornbuckle, seconded by Council Approved Except Member Buffa, and carried 5-0, the remaining Consent Calendar Item 8 items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Hung Huy Dao and Huong Do; Hedio L. Lobo; Ron Pavano; Harold L. Robinson; Denise Shirley; Carol Smith; and Johanna Wieting. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning staff: Mansour M. Khalifieh, doing Licenses business as Cheers Market, 1525 Mesa Verde Drive East, Units 127-129; and Cameo Builders, Inc., doing business as Tony's Place, 2052 Newport Boulevard, Suite 15. Public Utilities Notice from Southern California Gas Company that it has filed Commission Application No. 93-11-004 with the Public Utilities Commission . for an increase in gas rates. Notice from Southern. California Edison Company that it has filed Application No. A93-11006 with the Public Utilities Commission for adjustment of certain rates and costs. Reform of State Resolution from the.City of Carson in support of public safety Government and reform of state government. SET FOR PUBLIC The following item was set for public hearing on December 20, HEARING/Hearing 1993, at 6:30 p.m., in the Council Chambers of City Hall: Set for December 20, 1993, for Police Resolution establishing and adopting a fee for Police Depart - Services Fee ment services (use of jail facility by other agencies). - WARRANTS Warrant Resolution 1559, funding City operating expenses in the Approved Warrant amount of $803,401.56; and Payroll 9322 for $1,161,838.80, were 1559/Payroll 9322 , approved. Approved Warrant Warrant Resolution 1560, funding City operating expenses in the 1560/Payroll 9323 amount of $1,230,474.03; and Payroll 9323 for $1,185,614.53, were approved. REJECTED CLAIMS . The following claims were rejected: 1 Geissinger Cloud Geissinger (vehicle damaged by sinkhole on Fairview Road). Yost Carl Yost (vehicle damaged by drain cover). ADMINISTRATIVE Resolution 93-90, A RESOLUTION OF THE CITY COUNCIL OF ACTIONS/Adopted THE CITY OF COSTA MESA, CALIFORNIA, RELATIVE TO Resolution 93-90 for WORKERS COMPENSATION BENEFITS FOR REGISTERED Volunteer Benefits VOLUNTEER "DISASTER SERVICES WORKERS", was adopted. Accepted Work by Corporation Yard Bike Trail from Placentia Avenue to 1,000 feet Bopark Enterprises east of Placentia Avenue, Project No. 93-05, was completed to the for Corporation satisfaction of the Public Services Director on September 27, 1993, Yard Bike Trail, by Bopark Enterprises, Inc., 8560 Vineyard Avenue, No. 103, Project No. 93-05 Rancho Cucamonga. The work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to rele8etletention 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. Change Order No. 1 Item No. 8 on the Consent Calendar was presented: Change Order to Contract with No. 1 for $109,000.00 to the contract with Geofon, Inc., 5552 Geofon, Inc. Cerritos Avenue, Suite B, Cypress, for construction testing services for the Intermodal Surface Transportation Efficiency Act (ISTEA) ISTEA Construction construction projects approved for the 1992-93 fiscal year, Project Testing, Project No. C92-02. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the No. C92-02 original contract made allowances for the allocation of additional funds. The Public Services Director responded that the bidding for this project was done by unit price, or cost per test, and the original staff estimates should have been more conservative. The City Attorney clarified that the contract allowed for a change order to be issued to cover additional work requested by the Public Services MOTION Director or Project Manager. On motion by Council Member Change Order Hornbuckle, seconded by Council Member Erickson, and carried Approved 5-0, the change order was approved. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued General Plan Amend- from the meeting of November 1, 1993, to consider General Plan ment GP -93-04B Amendment GP -93-04B and Zoning Code Amendment, to provide opportunities for voluntary redevelopment of residential projects that were made nonconforming by the adoption of the 1990 General Plan. Environmental Determination: Final Environmental Impact Report No. 1044 adopted for the 1990 General Plan. The Deputy City Manager/Development Services reviewed the Agenda Report dated November 24, 1993. The Principal Planner responded to questions from the Mayor and explained several details of the proposed General Plan Amendment. Richard Sewell, West Bay Properties, 136 Rochester Street, Costa Mesa, supported the City's position that if more than 50 percent of a building were destroyed, it may,. be rebuilt in the same footprint. He questioned the statement on Page 20, Paragraph (2), "Furthermore, the allowable density or number of units to be redeveloped shall be limited to the General Plan rebuilding incentive for the current land use designation. " The Mayor responded that in most cases, that would be the same number of units. The Principal Planner explained that it refers to the General Plan Policy. Mr. Sewell suggested that the General Plan Amendment should encourage voluntary redevelopment of apartment units by allowing previous density standards. 3�,2. Tom Schworer, 1816 Kinglet Court, Costa Mesa, commented that redevelopment of existing properties is not being encouraged, and the economics of owning and developing property in Costa Mesa would have to be reevaluated in the future. Charles Markel, 2851: Clubhouse Road, Costa Mesa, reported that since adoption of the General Plan, there are 19,500 nonconforming units in the City. He felt this should be addressed, along with development standards. Mr. Markel recommended continuing this item for further consideration since it is of great importance. Kerry Ward, 126 East 19th Street, Costa Mesa, stated that the General Plan Amendment indicates that property owners will be allowed to rebuild at existing densities which is not true because of parking requirements. He felt that the amendment needed more consideration because ' of inconsistencies which will continue to inhibit the general public. Sid Soffer, 900 Arbor, Street, Costa Mesa, suggested that a meeting be held on this issue and that all property owners affected be notified. He spoke on zoning and nonconforming uses. MOTION A motion was made by Council Member Buffa, seconded by Council Continued to Member Hornbuckle, to continue this item to the meeting of January January 17, 1994 17, 1994. Council Member Erickson pointed out that property owners are allowed to rebuild to their current densities but are being required to meet prevailing standards which is of benefit to the City. He stated he would support the continuance if there would be new information available; however, he could not support high density apartment projects being rebuilt at old standards. Vice Mayor Humphrey stated that he could not support the continuation because of the aforementioned reasons given by Council Member Erickson; and because property owners had not attempted to upgrade their properties previously. The motion carried .4-1, Vice Mayor Humphrey voting no. Council Member Buffa reiterated to the speakers, and to other concerned parties, that the continuance is an opportunity to attempt to rectify points which might have been inadequately addressed. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Development Agree- set for the public hearing to consider the annual review of Metro ment DA -88-02, Pointe Development Agreement DA -88-02, Phases 2 and 3, to allow Metro Pointe the ultimate construction of 1,285,056 square feet of office development located in the 900 block (odd numbers) of South Coast Drive in a PDC zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. No communications were received. The Deputy City Manager/Development Services summarized the Agenda Report dated November 22; 1993. Leonard Hampel, Rutan & Tucker, 611 Anton Boulevard, Suite 1400, Costa Mesa, representing Arnel Development, reported that the agreement was in good order, and complimented City staff on their obtaining the Intermodal Surface Transportation, Efficiency Act (ISTEA) monies for the I-405 Freeway/Bristol Street on/off ramps. There being no other speakers, the Mayor closed the public hearing. MOTION/Found that A motion was made by Council Member Buffa, seconded by Council Arnel has Complied Member Erickson, and carried 5-0, finding that Arnel Development with the Agreement Company has demonstrated good faith compliance with the terms and provisions of Development Agreement DA -88-02. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Comprehensive set for the public hearing to consider the Comprehensive Housing Housing Affordability Affordability Strategy (CHAS) for 1994, United States Department Strategy for 1994 of Housing and Urban Development (HUD). The Affidavit of Publication is on file, in the City Clerk's office. No communications were received. The Redevelopment Project Manager reviewed the Agenda Report dated December 6, 1993. Council Member Hornbuckle suggested that the Citizen Participation Process, Appendix`s A of the Agenda Report, Page 27, should be revised to include other citizen input, for example comments from the Redevelopment & Residential Rehabilitation Committee. Jan Luymes, 592 Park Drive, Costa Mesa, addressed the dilemma of the City's shortage of very low-income housing, and an over- abundance of units that low-income people cannot afford. She suggested scrutinizing the density bonus methods in order to provide housing where needed; and if units cannot be built because of density, then look to providing rental subsidies. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Erickson, seconded by Vice Mayor Resolution 93-91 Humphrey, and carried 5-0, Resolution 93-91, A RESOLUTION OF Adopted; City THE CITY COUNCIL OF THE CITY OF COSTA MESA, Manager Authorized CALIFORNIA, AUTHORIZING SUBMISSION OF A COMPRE- to Sign HENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) FOR 1994 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, was adopted; the City Manager was authorized to act as the City's official representative to submit the CHAS and all certifications contained therein, and to provide such additional information as may be required. OLD BUSINESS The Deputy City Clerk presented from the meeting of October 25, Civic Playhouse 1993, a request concerning the outstanding debt of the Costa Mesa Patrons Association Civic Playhouse Patrons Association. The City Manager reviewed the Agenda Report dated November 30, 1993. He suggested that if the Patrons Association made payments to the City on this debt, interest be should be added. Lee Jones, 180 Cabrillo Street, Costa Mesa, disputed some of the allegations made at the Council meeting of October 25, 1993, regarding the Patrons Association, kand reviewed various problems the Patrons have had with rental of the Neighborhood Community Center. Mr. Jones responded to a question from Council Member Erickson by stating that the Patrons were proposing to pay $100.00 per month minimum, and more when feasible. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, commended the Patrons Association for proposing a repayment schedule. Hugo Hunziker, 2135 President Place, Costa Mesa, President, reported he had corresponded with the Patron Association members and local business leaders, and to date, received $1,000.00 which he submitted towards repayment of the debt, with $100.00 to be paid each month hereafter. MOTION A motion was made by Council Member Hornbuckle, seconded by Payment Schedule Vice Mayor Humphrey, and carried 5-0, to accept the payment Accepted schedule as proposed by the Patrons Association, and to waive interest charges. OLD BUSINESS The Deputy City Clerk presented from the meeting of November 1, Costa Mesa Sanitary 1993, the proposed agreement with the Costa Mesa Sanitary District District Operations concerning District operations. The City Manager summarized the Agenda Report dated December 3, 1993. Discussion ensued regarding the ownership of the sewer lines and other factors relevant to the proposed change in operations. MOTION On motion by Council Member Buffa, seconded by Vice Mayor Agreement Approved; Humphrey, and carried 5-0, the agreement was approved, and the Joint Study Session Mayor and Deputy City Clerk were authorized to sign on behalf of Scheduled for the City; a joint meeting with the Sanitary District was scheduled for February, 1994 the February, 1994, study session, to explore proceeding with a request to the Local. Agency Formation Commission (LAFCO) regarding consolidation of the District and its responsibilities into the structure of the City Council; and staff was directed to contact LAFCO regarding its view on this type of request, and the procedure to be followed. Council Member Erickson stated for the record that Sanitary District personnel had expressed to him that they were running a tight ship, and had developed a certain expertise over the years which would be difficult for the City Council to duplicate. He felt they would be resistant to any change. OLD BUSINESS The Deputy City Clerk presented a Memorandum of Understanding Santa Ana River (MOU) for the Santa Ana River Crossings Environmental Impact Crossings MOU Report. The Public Services Director reviewed the Agenda Report dated November 24, 1993. MOTION/Approved A motion was made by Mayor Genis, seconded by Council Member in Concept; Continued Erickson, and carried 5-0, to approve the MOU in concept, with the to January 3, 1994 precise wording to be considered at the meeting of January 3, 1994. RECESS The Mayor declared a recess at 8:40 p.m., and the meeting reconvened at 8:55 p.m. NEW BUSINESS The Deputy City Clerk presented issues regarding Council -appointed Advisory Committees advisory committees: update of the level and type of staff support to be , provided to Citizen Advisory Committees; and recommendation from the Child Care Committee for committee focus and direction. The City Manager summarized the Agenda Report dated November 30, 1993. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, objected to staff time being utilized by committees that it totalled $12,000.00 per year. She commented that the Child Care Committee's request would be a duplication of effort, and was concerned that some child care providers listed in the brochure may not be licensed. Council Member Hornbuckle responded that the Child Care Directory was published in 1991 and is somewhat out of date; however, in the first edition (printed in approximately 1989), each provider was checked to ensure that they were licensed. Gay Geiser -Sandoval, 3408 Geranium Street, Costa Mesa, member of the Child Care Committee, verified that licenses had been checked with the State Licensing Board, and only those providers with current licenses were included in the directory. She felt there was a need for some staff time, and explained the inter -city network for assistance to children. John LeVere, 695 Center Street, Costa Mesa, member of the Child Care Committee, stated that the Committee was only of value if Council utilized its input. Council Member Hornbuckle expressed concern that removing staff assistance for committees would be detrimental because they provide input and direction during the meetings. The City Manager confirmed that committees which meet before or after regular working hours are usually assigned management personnel to avoid paying overtime wages. Vice Mayor Humphrey suggested that the committees provide accurate information from a City perspective, and supported authorizing a minimum amount of staff time if committees are to remain active. Council Member Erickson suggested subtracting the agenda and minute preparation from allocated staff time, and thought that the Cultural Arts Committee had outlived its usefulness. MOTION A motion was made by Council Member Hornbuckle, seconded by Authorized Existing Vice Mayor Humphrey, and carried 5-0, to continue the existing Committee Structure committee structure with minimal staff support, and to encourage to Continue committees to prepare their own minutes. Council Member Erickson pointed out that the committees he is involved with will be meeting less frequently, either bimonthly or quarterly, and encouraged other committees to do the same. Mayor Genis asked for a schedule of meetings for the active committees. MOTION A motion was made by Council Member Hornbuckle, seconded by Name Change Vice Mayor Humphrey, and carried 5-0, to approve the name Approved; Child change from Child Care Committee to Child Care and Youth Care Directory Services Committee; to approve the preparation of a new edition of Approved the Child Care Directory, ensuring that the providers listed are licensed, to be distributed by alternate means other than mailing; to provide the Chair of the Committee with the agenda and minutes of the Parks, Recreation Facilities, and Parkways Commission meetings; and to encourage the Committee to develop an intercity network of agencies that will provide services to children and youth. Council Member Hornbuckle requested that staff contact the current Chair of the Cultural Arts Committee and have her consult with its members to determine if they are interested in continuing the committee. NEW BUSINESS The Deputy City Clerk presented a General Plan Amendment General Plan Amend- screening for a portion of Segerstrom Home Ranch. The Deputy ment Screening for City Manager/Development Services reviewed the Agenda Report Home Ranch dated November 24, 1993. He presented a visual diagram of the area. Council Member Buffa stated he would abstain from voting on this item because of a potential conflict of interest. Malcolm Ross, representing C. J. Segerstrom & Sons, 3315 Fairview Road, Costa Mesa, stated that the time to process the Environmental Impact Report would be in conjunction with the Automobile Club of Southern California, which is already underway. He reported on several positive factors regarding the intended client for the property: a multitude of the employees live within five miles of the site; it is an exceptionally clean operation; it is a well- managed organization; and the work shifts are staggered which positively impacts traffic. Jan Luymes, 592 Park Drive, Costa Mesa, a member of the General Plan Steering Committee, stated that Home Ranch is a unique site which should be considered in its entirety, not only a portion of it as that would be detrimental to the whole. She expressed concern over potential gridlock that could be the result of a Floor Area Ratio (FAR) that exceeded that which was previously planned. MOTION On motion by Council Member Erickson, seconded by Council Application Accepted Member Hornbuckle, and carried 4-0, Council Member Buffa for Processing abstaining, the application was accepted for processing, and use of the fourth unscheduled General Plan hearing date for this application was authorized. Vice Mayor Humphrey supported the motion and wanted to ensure a balance between housing and industrial uses. Mayor Genis supported the motion because the Agenda Report indicated that on a daily basis there would actually be fewer automobile trips than under the medium density residential use; however, she felt peak hour traffic would be an issue, plus the overall housing balance. NEW BUSINESS The Deputy City Clerk presented a request from Council Member Triangle Square Buffa and Triangle Square Associates for staff determination of Banners banners encroaching into the public right-of-way; and City Attorney's Report No. 93-128. Communications were received in favor of allowing the' banners to remain at Triangle Square from: Costa Mesa Chamber of Commerce, 1835 Newport Boulevard, Costa Mesa; Ann Matta, 2776 Bluebird Circle, Costa Mesa; Kam's Restaurant, 1421 East 17th Street, Santa Ana; Phyllis Locke, 427 Belvue Lane, Newport Beach; and Kathleen Bogart, 2101 Pierce Avenue, Costa Mesa. A communication was received from DeWitt Worcester, 2023 Republic Avenue, Costa Mesa, supporting the City's requirement for a permit to erect signs, decorations, etc. The City Attorney requested a closed session pursuant to Government Code Section 54956.9(b)(1) based on the threat of litigation by Triangle Square Joint Venture concerning enforcement of the City sign ordinance in a letter dated November 19, 1993. ADJOURNMENT TO At 9:45 p.m., the Mayor adjourned the meeting to closed session in CLOSED SESSION the first floor conference room to discuss the above noted item. MEETING The Mayor reconvened the meeting at 10:05 p.m. RECONVENED The City Manager reviewed the Agenda Report dated December 2, 1993. Discussion ensued regarding the banner height requirement and other pertinent information on the Triangle Square/City interactions. The City Attorney reported that Triangle Square had been cited for having signs in the public right-of-way; however, there is a provision that allows for this if a permit is issued. The City Manager explained that some banner regulations had been relaxed due to the recent construction on Newport Boulevard, but that would end at the close of this year. He further explained that while Triangle Square needed a permit for their banners, had they applied, they would not have been eligible under the current Council Policy. [1 1 Mamie McLeod, Daily Pilot Newspaper, 330 Bay Street, Costa Mesa, made a protest against the Mayor, the City Council, and the City Attorney, for an alleged violation of the Brown Act, that is, holding a closed session for a reason not covered by law. The City Attorney responded that the appropriate notice had been filed, the appropriate section relating to a significant exposure to litigation had been cited, and the threat contained in Triangle Square's letter of November 19, 1993, and statements made to the press, had also been cited. He noted that by announcing action taken in closed session, which is the normal procedure, the requirements of the Brown Act are exceeded. Rich Shapiro, 2515 Holly Lane, Newport Beach, representing Triangle Square, clarified that the reason the City did not cite Triangle Square for any violation on the lunch banners that were previously hung was because they were not placed in the public right-of-way. He responded to questions from Council Member Buffa by stating that Triangle Square had paid for the sidewalks, street trees, pedestrian lighting, landscaping, and architectural elements, which included the banners. He stated these banners were included in the original discussions with the City and were designed to create a pedestrian ambience in the downtown area. Lars Andersen, Triangle Square, 1870 Harbor Boulevard, Costa Mesa, referred to the fact that the Redevelopment Agency can make a ruling or allow a sign to be used that might not fall within the strict application of the codes, and had applied that to the banners. The City Attorney responded that the Redevelopment Agency is a separate legal entity and could adopt policies different than that of the City Council. Jeffrey Oderman, 611 Anton Boulevard, Costa Mesa, attorney for Triangle Square, addressed the issue of the City Council having the authority to dismiss the citation, and alleged that the City Attorney and City Manager indicated that Council did not have that authority. The City Manager responded that his comments were taken out of context and suggested that Mr. Oderman's statements were unprofessional. He clarified that the intent of his comments were to point out that Council had the ability to direct the City Attorney on the disposition of citations. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, stated that the majority of businesses in the City follow the rules; and although the Triangle Square banners are nice, they should not be an exception. Ed Warminski, 2479 Parmlee Lane, Costa Mesa, commented that Triangle Square has greatly improved the appearance and prosperity of the downtown area and is a beacon of hope for the future. He felt that the holiday banners reinforce the optimism of people at a crucial time for the local economy.., Sid Soffer, 900 Arbor Street, Costa Mesa, stated that this was a problem of politics and political positions. Bob Hammond, 2912 Redwood Avenue, Costa Mesa, maintained that business in Costa Mesa must be encouraged because of the tax revenue and sometimes it is necessary to be creative; however, business cannot be allowed to railroad change. He quoted from Business Week magazine concerning Virgin Megastore who flaunted the law in France by staying open on Sunday during the summer tourist season which pushed the French government to change. Rich Shapiro rejoined that Triangle Square had not done anything to flaunt the law as they thought they had the necessary permits and documentation to install the banners. John DeWitt, 2000 Balearic Drive, Costa Mesa, gave his support to retaining the banners' and stated that the Redevelopment and Residential Rehabilitation Committee, in discussions with Triangle Square, had agreed that banners, flags, and architectural enhance- ments would be incorporated. MOTION Council Member Hornbuckle made a motion directing staff to bring Approved Banners back some proposed changes in the City's street banner regulations to allow certain specific kinds of holiday greeting banners. Council Member Buffa seconded the motion for discussion, during which each Council Member suggested certain amendments. AMENDED After discussion, Council Member Hornbuckle amended the motion MOTION/Temporary as follows: directed staff to bring back -some proposed changes in Approval Given for the City's street banner regulations to make it a little broader; Existing Banners recommended that the City request ,the court to dismiss the citation criminal complaint in the interest of justice; authorized temporary approval for use of the existing banners as an exception to the present banner ordinance until it is changed; and directed the Public Services Director to ensure that the banners are hung in a safe manner. The amended motion was seconded by Council Member Buffa, and carried 5 -0. - Council Member Buffa,expressed his extreme dismay that this.matter had even been brought before Council, and reiterated that Triangle Square had, at their own expense, spruced up the entire downtown area by making an outstanding -looking project. He stated that many cities pay for advertising banners because they enhance the overall economic life of the city. Vice Mayor Humphrey stated he liked the banners and thought they were beautiful; however, he was concerned that Triangle Square had not followed. the proper procedures. Mayor Genis commented that if the City does not enforce its regulations in one case, it loses its ability to enforce those same regulations in another' case. She cited a recent similar situation where the court ruled against the City. NEW BUSINESS The Deputy City Clerk presented an ordinance pertaining to the Replacement, Mainte- replacement, maintenance, and removal of trees within the public nance and Removal right-of-way and related offenses. The Community Services of Trees . Director reviewed the Agenda Report dated November 30, 1993. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Ordinance 93-20' Hornbuckle, Ordinance 93-20, AN ORDINANCE OF THE CITY Given First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER V TO TITLE 15 OF THE COSTA MESA MUNICIPAL CODE AND REPEALING SECTIONS 15.10, 15.11 AND 15.12 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO THE REPLACEMENT, MAINTENANCE, REMOVAL OF TREES WITHIN THE PUBLIC RIGHT-OF-WAY AND RELATED OFFENSES, was given first reading and passed to second reading, with the following revisions: change Section 15- 137, Landscape Plans, Page 6 (circled Page 9) of the Agenda Report, to reflect that the section applies only to projects over $5,000.00; add to Section 131, 3:1 Tree Replacement Ratio, Page 5 (circled Page 8), "Convenience removal shall mean the removal of a tree with a genus and species designated as a problem tree by the Department of Community Services to include but is not limited 1 1 to Ficus nitida, Ficus retusa, Fraxinus uhdei, Schinus terebinthifolius, Cupania anacardiodes, and that such removal is subject to a convenience tree removal agreement approved by the Department."; change Section 15-125, Parks, Recreation Facilities and Parkways Commission, Page 3 (circled Page 6), first paragraph to read, "The Parks, Recreation Facilities and Parkways Commission, or the`' City Council on appeal, shall determine:..."; and change Section 15-138, Preservation of Landmark Trees, on Page 8 (circled Page 11), Line 7, to read, "The Commission by a majority vote, or the City Council on . appeal, shall determine that the... ", and Paragraph 2, to read, "The Parks, Recreation Facilities and Parkways Commission, or the City Council on appeal, shall reverse or modify...". CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORTS/Request Government Code Sections 54956.9(a), 54956.9(b)(1), and 54957.6, for Closed Session: to discuss the following items: Norene Lingle v. City of Costa Lingle v. City; Mesa, et al., Orange County Superior Court Case No. 706941; Disabled Access threat of litigation concerning City of Costa Mesa's enforcement of Regulations; Police California Disabled Access Regulations (by letter from the State of Association California, Department of Justice, office of the Attorney General, dated October 15, 1993); and Negotiations with the Costa. Mesa Police Association. Mayor Genis announced that closed session would be held at the close of the Costa Mesa Redevelopment Agency meeting. CITY MANAGER'S The City Manager presented a resolution revising the pay ranges for REPORT/Executive executive job classifications, and reviewed the Agenda Report dated Job Classifications November 29, 1993. Council Member Erickson complimented the plan as it considers the City's ability to pay just as in private enterprise, and eliminates the automatic salary increases which are instead, based on merit. MOTION On motion by Council Member Erickson, seconded by Council Resolution 93-92 Member Hornbuckle, and carried 5-0, Resolution 93-92, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE PAY RANGES FOR EXECUTIVE JOB CLASSIFICATIONS, was adopted. COUNCIL MEMBER Council Member Erickson reported that the County Board of COMMENTS Supervisors would meet at 9:30 a.m., Tuesday, December, 7, 1993, Cooperative Study to discuss the cooperative study on the Santa Ana River bridges for on Bridges the final time, before the Environmental Impact Reportprocess begins. Bristol Street Council Member Buffa commented on the newspaper article Bridge Incident regarding the young man who was contemplating taking his own life by jumping off the Bristol Street pedestrian bridge and the psychologists passing by who talked him out of it. He asked that those persons be identified and perhaps formally recognized at the next Council meeting. Newport Boulevard Council Member Hornbuckle asked when the lane striping on Striping northbound Newport Boulevard would be completed since it is difficult to identify lanes. The Public Services Director responded there are difficulties with smoothness of the pavement on northbound lanes, and it should be completed shortly. Regarding the Costa Soffer Aid to Mesa Civic Playhouse Patron's Association debt, Council Member Patron's Association Hornbuckle asked if Mr. Soffer had fulfilled his offer to assist them with fundraising. Mr. Soffer replied that it was his understanding that the Patron's Association would contact him, and to date, he had not heard from them. ADJOURNMENT TO REDEVELOPMENT At 11:50 p.m., the City Council temporarily adjourned in order for AGENCY MEETING a special Redevelopment Agency meeting to convene. MEETING RECON- At 12:10 a.m. , after the Redevelopment Agency meeting was VENED/ADJOURN- adjourned, the Mayor reconvened the City Council meeting to MENT TO CLOSED adjourn to closed session_ to discuss the items previously announced SESSION by the City Attorney. MEETING The Mayor reconvened the meeting at 12:35 a.m. , and the action RECONVENED taken during closed session was announced. City Attorney Regarding the threat of litigation by Triangle Square Joint Venture, Reported on New Business Item No. 3, the City Attorney gave a report on merits Triangle Square of the threat of litigation. MOTION/Lingle v. In Norene Lingle v. City of Costa Mesa, et al., Orange County City Settlement Superior Court Case No. 706941, by a vote of 5-0, the City Authorized Attorney was authorized to settle in the amount recommended in his confidential memorandum dated November 24, 1993. MOTION/Directions Regarding the threat of litigation concerning City of Costa Mesa's Given City Attorney enforcement of California Disabled Access Regulations, by a vote of Re Disabled Access 5-0, directions were given to the City Attorney regarding negotiations with the Attorney General. MOTION/Directions Concerning negotiations with the Costa Mesa Police Association, by Given City Manager a vote of 5-0, directions were given to the City Manager. Howard Re Police Negotia- Perkins, Personnel Manager, was present during discussion of this tions item. ADJOURNMENT The Mayor declared the meeting adjourned at 12:40 p.m. c Mayor of the City of Costa Mesa ATTEST: Deputy City lerk of the City of Costa Mesa 1