Loading...
HomeMy WebLinkAbout02/22/1994 - City CouncilR < 354 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY 22, 1994 The City Council of the City of Costa Mesa, California, met in regular session February 22, 1994, 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 led by Boy Scout Troop No. 316, and invocation by Pastor Cliff Rapp, Orange Coast Free Methodist Church. i 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 Budget and Research Officer Richard Averett Fire Chief Frank Fantino Senior Planner Willa Bouwens- Killeen Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Buffa, seconded by Council Member February 7, 1994. Hornbuckle, and carried 4-0, Mayor Genis abstaining, the minutes of the regular meeting of February 7, 1994, were approved as distributed. ORDINANCES AND A motion was made by Council Member Buffa, seconded by Council RESOLUTIONS Member Erickson, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATIONS Mayor Genis read Certificates of Commendation for Drs. David C. Thwarted Suicide ; James and Patrick J. Callahan applauding their efforts in thwarting Attempt a suicide attempt on December 3, 1993. She presented the certifi- cates to Dr. Callahan who accepted on behalf of both gentlemen. Mesa Pride Charles Markel, 2851 Club House Road, Costa Mesa, presented the Contest Winners 7th annual Mesa Pride awards to Shanna Farrell, 3rd Grade, California School, for her drawing on the theme "Artwork of your Favorite Animal"; and Chris Melgar, 5th Grade, Sonora School, for his essay on the theme "Should the City of Costa Mesa have a dog park?" Mr. Markel reported that the drawings would be exhibited at the 1994 Orange County Fair. ORAL COMMUNI- CATIONS/Mesa Chris Melgar, 2821 Monterey Avenue, Costa Mesa, read his Mesa Pride Essay Pride contest -winning essay. 1 1 Sexually Transmitted Barbara Whittaker, 2390 Rutgers Drive, Costa Mesa, addressed the Diseases growing problem of sexually transmitted diseases and AIDS, suggesting that the first week in March be observed as a week of abstinence. She stated that this is a health and moral issue, not political. Triangle Square Sid Soffer, 900 Arbor Street, Costa Mesa, asked why the City was Handicap Access involved with the handicap access problems at Triangle Square. The Problems City Attorney responded that the City is responsible for enforcing Title 24 of the State of California Building Standards Code, and if the City does not enforce the codes the State Attorney General may intervene. Crossing Guards at Nancy Palme, 1997 Kornat Drive, Costa Mesa, commended the two Baker and Labrador crossing guards at Baker Street and Labrador Drive for their dedication to duty even during the recent inclement weather. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 5, Bid Item 957, Annual Landscape Maintenance Services; and Item No. 6, SCAG draft Regional Comprehensive Plan. MOTION On motion by Council Member Buffa, seconded by Council Member Approved Except Erickson, and carried 5-0, the remaining Consent Calendar items Items 5 and 6 were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Valerie B. Boston; Jim M. Easter; Christopher R. Greene, a minor; Emerald N. Greene, a minor; Scott S. Jenner; Thomas W. Merrick; and Application for Leave to Present a Late Claim from Linda M. Greene. Alcoholic Beverage Alcoholic Beverage License for which parking has been approved License by the Planning Staff. Darawan Cheung, doing business at 1969 Harbor Boulevard. Combatting Violence Resolution from the City of Pasadena on combatting rampant violence in the community through joint efforts at the local, state, and national levels. WARRANTS Approved Warrant 1565/Payroll 9402 ADMINISTRATIVE ACTIONS/Approved 15th Street Rehabili- tation Agreements with City of Newport Beach and UMA Warrant Resolution 1565, funding City operating expenses in the amount of $1,558,850.69; and Payroll 9402 for $1,312,715.82, were approved. The following agreements for rehabilitation of 15th Street between Newport Boulevard and Irvine Avenue (joint project with the City of Newport Beach) were approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City: Agreement with the City of Newport Beach for design services; and Professional services agreement with UMA Engineering, 17762 Cowan Street, Irvine, in an amount not to exceed $43,500.00. Approved Agreement A reimbursement agreement with the City of Irvine for approxi - with City of Irvine mately $92,185.00, to design and construct roadway improvements for Main/Sunflower at Main Street and Sunflower Avenue, was approved, and the Mayor Improvements and Deputy City Clerk were authorized to sign on behalf of the City. Bid Item 957, Annual Landscape Maintenance MOTION/Continued to March 7, 1994 SCAG Regional Comprehensive Plan MOTION Resolution 94-4 Adopted PUBLIC HEARING General Plan Amend- ment GP -93-04B !Item 5 on the Consent Calendar was presented: Bid Item 957, }Annual Landscape Maintenance Services. The City Manager requested that this item be continued to allow staff to confer with the !Costa Mesa City Employees Association. On motion by Council !Member Buffa, seconded by Council Member Erickson, and carried 15-0, this item was continued to the meeting of March 7, 1994. I ;Item 6 on the Consent Calendar was presented: SCAG draft ;Regional Comprehensive Plan. The City Manager proposed revising Page 1 of the resolution, Paragraph 3, Line 2, by deleting the word "housing". On motion by Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, !Resolution 94-4, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SUPPORTING ,THE ORANGE COUNTY REGIONAL ADVISORY AND PLAN- NING COUNCIL RECOMMENDATIONS ON SCAG'S DRAFT REGIONAL COMPREHENSIVE PLAN (RCP) AND OPPOSING THE INCLUSION OF NONMANDATORY ELEMENTS IN THE } RCP, was adopted, incorporating the deletion recommended by the City Manager. I The Deputy City Clerk announced the public hearing, continued from the meeting of January 17, 1994, to consider General Plan Amendment GP -93-04B and Zoning Code Amendment, to provide opportunities for voluntary redevelopment of residential projects that j were made nonconforming by 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 1 February 14, 1994. Richard Sewell, 136 Rochester Street, Costa Mesa, using his 44 - unit, 18 -year-old, apartment building at 161 East 18th Street as an example of costs involved to voluntarily rebuild, stated there also would be a one-third reduction in units. He felt the City should allow voluntary redevelopment at the existing density. Mr. Sewell reported that it would be impossible to conform to the 1992-93 development standards without reducing the number of units, or installing expensive underground parking; therefore, voluntary redevelopment would.not occur and deterioration would set in. He suggested working with staff, the Planning Commission, and Council to establish a mitigation credit system* which would provide an owner with economic means to reconstruct his property via an incentive plan. He suggested working with staff immediately to eliminate current problems such as lack of usable parking, poor appearances of buildings, and encouraging legislators to adopt stricter occupancy standards. Tom Sutro, 2956 Pemba Drive, Costa Mesa, a realtor, referred to 'the "Spice Street" development, a one -hundred unit development located near Harbor Boulevard and Hickory Place which was built in 1964, and illustrated the problems which would be incurred should redevelopment commence. He supported Mr. Sewell's suggestion to create a mitigation system in order to maintain the 1 current densities. 1 Shelley Egan, 2059 President Place, Costa Mesa, representing John j Conweiser, Conweiser Corporation, expressed support for Mr. Sewell's suggestions. She stated that under the new zoning requirements, it would be impossible to rebuild existing units in 1 Costa Mesa and still continue to provide affordable housing to low - and moderate -income families. Dave Ball, Arnel Development Company, 950 South Coast Drive, No. 200, Costa Mesa, owner of approximately 1,000 apartment units in the City, pointed out the necessity of preserving the overall quality of housing, and suggested providing some method for the developer to rehabilitate apartment units in order to provide quality housing in the City. Charles Markel, 2851 Club House Road, Costa Mesa, commented on his efforts regarding inspecting properties in the Los Angeles area following the recent earthquake, stating that many of these older buildings were beyond economic revitalization. He also supported Mr. Sewell's suggestions. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that the people affected by the General Plan had not attended the meetings at which it was discussed; and now they are unhappy with the outcome. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Humphrey, seconded by Resolution 94-5 Council Member Erickson, to adopt Resolution 94-5, A Adopted; Ordinance RESOLUTION OF THE CITY COUNCIL OF THE CITY 94-3 Given First OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL Reading PLAN AMENDMENT GP -93-04B, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA BY PROVIDING INCENTIVES FOR THE VOLUNTARY REDEVELOPMENT OF RESIDENTIAL UNITS; to give first reading to Ordinance 94-3, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 13-136, 13-148, 13-252, 13-400 AND 13-529 OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING VOLUNTARY REDEVELOPMENT OF PROJECTS THAT WERE MADE NONCONFORMING BY THE ADOPTION OF THE 1990 GENERAL PLAN; and to refer the incentive recommendations prepared by Mr. Sewell to a study session. Council Member Buffa suggested amending the motion by formalizing the structure of the committee who will consider the proposal; delaying second reading of the ordinance for 60 days; and setting a time limit for developing and presenting an acceptable list of incentives and mitigation measures. The City Attorney clarified that the ordinance would need to be substantially unchanged to receive second reading under these circumstances. The motion, as stated by the ViceMayor, carried 5-0. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Planning Action from the meeting of January 17, 1994, to consider an appeal of the PA -93-55, Davis Planning Commission's denial of Planning Action PA -93-55 from Robert J. Davis, 23501 Park Sorrento, No. 212, Calabasas, authorized agent for Mark Les, 1525 Mesa Verde Drive East, Suite 123, Costa Mesa, for Conditional Use Permits to legalize an existing acupressure business subject to the City's Adult Entertainment Ordinance, and deviation from shared parking requirements, with a variance from locational requirements, at 1525 Mesa Verde Drive East, Suite 123, in a Cl zone. Environmental Determination: i I Exempt. A communication was received from Robert J. Davis for this and the next public hearing wherein he attempts to clarify misconceptions about_ his two clients and their businesses. i The Deputy City Manager/Development Services summarized the Agenda Report dated February 14, 1994. He showed slides j illustrating the location of the business. Robert J. Davis, authorized agent for the applicant, summarized the situation by stating that his client thought that he was following correct procedures by applying for, and obtaining a business license from the City, and it was not until he had been in business for approximately one and one-half years that it was decided a Condi- tional Use Permit (CUP) was needed, and other requirements were unfulfilled. He outlined his attempts to rectify this situation, and explained that the business is not an adult entertainment business and should not be qualified 'as such. He stated that his client has proposed to downsize his business operation by reducing the number of rooms and employees, and hours of operation. Mr. Davis responded to a question from Council Member Hornbuckle by stating that the business had not been closed during this period of applying for a CUP because City staff indicated that it was not necessary. He described the manner of dress at this establishment as street attire. Arthur Goddard, 2901 Palau Place, Costa- Mesa, urged Council to uphold the Planning Commission's denial of this planning action, and to enforce the 90 -day vacation -of -premises provision. He listed businesses in proximity to the subject site which are patronized by young people. He expressed his opinion that massage businesses were intended to be covered by the adult entertainment ordinance, and expected the locational requirements to be adhered to unless there is a compelling reason to grant a variance. He suggested that these problems could be avoided if massage operators were licensed by the State of California as professional therapists. Charles Robertson, 1885 Tahiti Drive, Costa Mesa, President of the Mesa Verde Homeowners Association, commented that the subject facility is inappropriate in its present location or anywhere in the Mesa Verde area. He stated that Mr. Davis's ignorance of the regulations is nota viable basis for the violations. Mr. Robertson reported that the Municipal Code specifically defines massage parlors as adult entertainment businesses; states that it shall be unlawful to engage' in an adult entertainment business on any premises within the City of Costa Mesa without a valid permit; states that it is unlawful and a misdemeanor to operate an adult entertainment business within the City of Costa Mesa without first obtaining a CUP; and states that a CUP may not be approved for any massage parlor until a permit has been approved by the Chief of Police for the operator of such business. Sid Soffer, 900 Arbor Street, Costa Mesa, saw no reason for not allowing a massage parlor in this neighborhood. Council Member Erickson reported that he visited the subject establishment on the previous Sunday, and after passing through the main door, there was a second door with a buzzer and shutters. He was then met by a woman in a black robe who indicated she did not speak English, nor did her supervisor, and he was not allowed to inspect the premises. 0? d4359, Nancy Palme, 1997 Kornat Drive, Costa Mesa, was offended by Mr. Soffer's suggestion that Council Member Erickson should have presented himself as a customer instead of a Council member. She stated that the Planning Commission had recently approved a family billiards parlor to be located in this shopping center. She urged Council to uphold the Planning Commission's denial. She referred to the City Attorney's report on pornography and obscenity issues which included a copy of studies which emphasized the correlation between pornography, sexually oriented businesses, and crimes against property and children. The City Attorney clarified that these studies were in reference to the interim ordinance under New Business. There being no other speakers, the Mayor closed the public hearing. Council Member Hornbuckle asked that the studies referred to by the City Attorney be added to the public record for this hearing. She asked the Deputy City Manager/Development Services, if this business is located within 500 feet of residential property, and he responded affirmatively. MOTION A motion was made by Council Member Hornbuckle, seconded by Resolution 94-6 Council Member Erickson, and carried 5-0, to adopt Resolution Adopted Denying 94-6, A RESOLUTION OF THE CITY COUNCIL OF THE CITY PA -93-55 OF COSTA MESA, CALIFORNIA, DENYING PLANNING ACTION PA -93-55, based on the findings and testimony given before the Planning Commission and the Council; with the additional findings that this business is located within 500 feet of residential dwellings and within 1,000 feet of uses frequented by minors; and this business is operating in violation of the zoning code and the parking requirements by continuing to operate without a CUP. The Deputy City Manager/Development Services clarified for Council Member Hornbuckle that the original 90 -day period to cease operation of the business is still being counted from the December 13, 1993, Planning Commission meeting. Mayor Genis mentioned that licensing of personnel, and operating in good faith would assist massage parlors to gain acceptance. RECESS The Mayor declared a recess at 8:30 p.m., and the meeting reconvened at 8:45 p.m. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Planning Action from ,the meeting of January 17, 1994, to consider an appeal of the PA -93-56, Davis Planning Commission's denial of Planning Action PA -93-56 from Robert. J. Davis, 23501 Park Sorrento, No. 212, Calabasas, authorized agent for California Federal Bank, 5700 Wilshire Boulevard, Los Angeles, for Conditional Use Permits to legalize an existing acupressure business subject to the City's Adult Entertainment Ordinance, and :deviation from shared parking requirements, with a variance from- locational requirements, at 2845 Mesa Verde Drive East, Suite 2, in a Cl zone. Environmental Determination: Exempt. The Deputy City Manager/Development Services reviewed the Agenda Report dated February 7, 1994. He showed transparencies of the location of the business. Robert . J. Davis asked to incorporate his comments from the previous item as they relate to this item. He added that this is a similar application; however, the two businesses are entirely separate other than having a common attorney. He stated that this business did not cease doing business after December 13, 1993, and indicated that it was also with the City's permission. 'Vice Mayor Humphrey reported that he toured this facility which -was very controlled, and the employees were wearing white smocks over a uniform, with other employees, such as secretaries, wearing street attire. Arthur Goddard, 2901 Palau Place, Costa Mesa, urged Council to uphold the Planning Commission's denial and maintain the 90 -day - vacation provision, and named businesses and organizations within 500 and 1,000 feet of this location which are patronized by young ,people. Charles Robertson, 1885 Tahiti Drive, Costa Mesa, President of the Mesa Verde Homeowners Association wished to incorporate his comments from the previous item into this testimony. Janet Byers, 2845 Mesa Verde Drive East, Suite 8, Costa Mesa, owner of a business across from the subject operation supported the Planning Commission's denial stating the location is inappropriate. She reported that she sent one of her female employees to the subject business for an appointment and was told that they do not 'treat females. She also mentioned that the person working in the business at that time was wearing only a tee shirt. Sid Soffer, 900 Arbor Street, Costa Mesa, pointed out that these two applications are entirely separate, and in a lawsuit, only those issues may be raised in court which were raised at the hearings. He noted that prostitution usually takes place in large hotels near airports, as opposed to small businesses. Nancy Palme, 1997 Kornat Drive, Costa Mesa, addressed the 90 -day vacation period stating that it was a matter of interpretation whether or not both applications were given permission to remain in operation. She incorporated her comments from the previous hearing, specifically that this is not an appropriate business in this location. She again suggested that the information on the studies in various cities provided by the City Attorney be included in the record for this planning action, and encouraged upholding the denial of the Planning Commission. Robert Davis rebutted by stating that in order to cater to both sexes, restroom facilities must be provided for both. He reported that he had not seen studies from other cities which support denial of this request. There being no other speakers, the Mayor closed the public hearing. Council Member Hornbuckle asked that the same studies from Los Angeles, Renton, Garden Grove, Minnesota, and Mission Viejo, referred to in the previous public hearing, be added to the record for this hearing. MOTION A motion was made by Council Member Hornbuckle, seconded by Resolution 94-7 Council Member Erickson, and carried 5-0, to adopt Resolution Adopted Denying 94-7, A RESOLUTION OF THE CITY COUNCIL OF THE CITY PA -93-56 OF COSTA MESA, CALIFORNIA, DENYING PLANNING ACTION PA -93-56, based on the findings and conditions contained in the Planning Commission report, with the additional findings that this business is located within 500 feet of residential dwellings and within 1,000 feet of uses frequented by minors; that the business is operated in violation of the Zoning Code and parking requirements; that the proposed use will be contrary to the public interest and injurious to the nearby properties and that the spirit and intent of this article will not be observed; that the proposed use will enlarge or encourage the development of a skid row area; that the establishment of an additional regulated use in the area will be contrary to any program of neighborhood conservation; and that no evidence has been presented to justify a finding of special conditions that would exist to justify a variance in any case. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place 1994-95 Public set for the public hearing to consider 1994-95 Public Safety User Safety User Fees Fees and Charges. The Affidavit of Publication is on file in the City and Charges Clerk's office. No communications were received. The Budget and Research Officer reviewed the Agenda Report dated February 8, 1994. The City :Manager made a presentation, and discussion ensued regarding fees. The City Attorney clarified that a fee was not being adopted at this time but would be set forth as a resolution at the March 7, 1994, meeting. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Ordinance 94-4 Erickson, and carried 5-0, Ordinance 94-4, AN ORDINANCE OF Given First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 9-122, 9-1299 9-168, 9- 186, 9-235(d), 9-252, 9-255, 9-274, 11-160, 11-172, 13-743(1), 15-65 and 2-450 OF THE COSTA MESA MUNICIPAL CODE RELATING TO EXISTING FEES, was given first reading and passed to second reading. ADJOURNMENT TO Mayor Genis adjourned the Council meeting to a special joint SPECIAL JOINT meeting of the City Council and Redevelopment Agency; and MEETING OF THE Agency. Chairman Buffa convened the Agency meeting., CITY COUNCIL/ REDEVELOPMENT Agency Members Present: Chairman Peter Buffa AGENCY Vice Chairman Jay Humphrey Agency Member Mary Hornbuckle Agency Member Sandra Genis Agency Member Joe Erickson Agency Members Absent: None Officials Present: Executive Director Allan Roeder The Deputy City Clerk presented the following items in connection with Planning Action PA -85-02A2 and Redevelopment Action RA - 94 -02: OLD BUSINESS From the meeting of February 9, 1994, Redevelopment Action RA -94-02, Cardone/ RA -94-02 (Planning Action PA -85-02A2), Dane Cardone/Sign Sign Methods Methods, authorized agent for Michaels Store, Inc., to amend an existing Planned Signing Program to exceed maximum allowable letter height (28 inches allowed; 72 -inch capital letters proposed) and 18 -inch high secondary copy; and to allow additional wall signs towards Anaheim Avenue, at 610-620 West 17th Street in a C2 zone. Environmental Determination: Exempt. J`361 fit PUBLIC HEARING Appeal of the Planning Commission's denial of Planning Action Planning Action PA -85-02A2 (Redevelopment Action RA -94-02) from Dane PA -85-02A2, Cardone/Sign Methods, 5300 Orange Avenue, No. 114, Cypress, Cardone/Sign authorized agent for Michaels Store, Inc., for the same project Methods described in the previous item. The Affidavit of Mailing is on file in the City Clerk's office. No communications were received. The Deputy City Manager/Development Services reviewed the 'Agenda Report dated February 14, 1994. Dane Cardone, Sign Methods, reported that there are only two major retailers in the subject shopping center, those being the Michaels Store and a Staples store, each having totally different architecture. He suggested that the Planned Signing Program should be reviewed I n a case-by-case basis, and stated that the proposal for the Michaels Store sign is within allowable code limits except for his request for I n additional six inches of letter height. I Mike England, 2958 Glove Avenue, Thousand Oaks, Real Estate Manager for Michaels Stores, explained that this is anarts and crafts 'supply chain with 220 stores nationwide, and the new store in Costa Mesa is located in a retail area, not on a major street. He stated that their proposal would enable visibility from Newport Boulevard. I Ron Reynoldson, 2229 Avenue del Platanar, San Clemente, District Manager for Michaels Stores for Orange and Los Angeles Counties, pointed out that the store name on the existing pylon sign on the 'corner of the property can only be seen from 17th Street, and a visible sign is essential to make this a viable location. MOTION I On motion by Vice Chairman Humphrey, seconded by Agency Resolution 162-94 Member Hornbuckle, and carried 5-0, Resolution 162-94, A Adopted RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE ;CITY OF COSTA MESA APPROVING REDEVELOPMENT (ACTION RA -94-02, was adopted, approving the signage per the Agenda Report. MOTION �On motion by Vice Chairman Humphrey, seconded by Agency Resolution 94-8 Member Erickson, and carried 5-0, Resolution 94-8, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -85-02A2, was adopted, approving the signage per the !Agenda Report. !The Senior Planner clarified that the revisions proposed by Michaels ;included the nine items of information and the 30 -inch and 40 -inch ;letter height for the ground sign, and the maximum 42 -inch letter ;height, with a 33 -inch average letter height for the wall signs. CITY COUNCIL ;Chairman Buffa adjourned the special joint meeting of the City MEETING Council and Redevelopment Agency to the regular meeting of the RECONVENED i City Council; and Vice Mayor Humphrey reconvened the Council meeting. OLD BUSINESS The Deputy City Clerk presented from the meeting of February 7, Fire Department ! 1994, second reading and adoption of Ordinance 94-1, concerning Badges badges for Fire Department officers. The City Attorney stated that this ordinance is cleanup legislation to provide the Fire Chief with authority to issue badges to Fire Department officers. z �,;1� :. rS � tl F� MOTION On motion by Council Member Hornbuckle, seconded by Council Ordinance 94-1 Member Buffa, and carried 5-0, Ordinance 94-1, AN Adopted ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING SECTION 7-3 TO CHAPTER I OF TITLE 7 OF THE COSTA MESA MUNICIPAL CODE CONCERNING BADGES FOR FIRE DEPARTMENT OFFICERS, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of February 7, Police Department 1994, second reading and adoption of Ordinance 94-2, .concerning Badges badges for Police Department personnel. The City Attorney stated that this ordinance is cleanup legislation to provide for the Police Chief to issue official badges to civilian and Police Department volunteers. MOTION On motion by Council Member Buffa, seconded by Mayor Genis, Ordinance 94-2 Ordinance 94-2, AN ORDINANCE OF THE CITY COUNCIL OF Adopted THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 14-25 AND 14-29 OF THE COSTA MESA MUNICIPAL CODE CONCERNING BADGES FOR POLICE DEPARTMENT PERSONNEL, was given second reading and adopted. NEW BUSINESS The Deputy City Clerk presented a report on Proposition 172 public Proposition 172 safety funds. The City Manager reviewed the Agenda Report dated Public Safety Funds February 18, 1994. The Fire Chief answered questions from Council regarding his Department's proposed allocation of funds. MOTION A motion was made by Council Member Hornbuckle, seconded by Direction Given to Council Member Buffa, to direct staff to report on the specifics of Staff a plan that would provide up to five additional police officer positions and one patrol vehicle; as well as Options Al, A2 (if it is economically feasible), B, and C, of the Fire Department Plan. Vice Mayor Humphrey expressed .concern that the five additional police officers would eventually increase costs and affect other safety personnel positions. Council Member Buffa encouraged being conservative until a track record is established. The motion carried 5-0. NEW BUSINESS The Deputy City Clerk presented an interim ordinance amending Sexually Oriented Article 2 of Chapter XIII of Title 13 of the Costa Mesa Municipal Businesses Code relating to sexually oriented businesses; and City Attorney's Report No. 94-19 dated February 16, 1994. The Deputy City Manager/Development Services summarized the Agenda Report dated .February 16, 1994. A communication was received from Mary F. Alexander, 2661 Club Mesa Place, Costa Mesa, opposing allowing adult businesses to operate in Costa Mesa. The City Attorney referred to Page 8, circled Page 14, Section 13- 860:2, Subsection (9), stating that the title should be changed as follows: "Escort/Dating/Model Service", with the definition amended as follows: "A person or business entity which, for any form of consideration, furnishes, offers to furnish, or advertises to furnish a model or models, escort or escorts as one of its primary business, purposes, where the model or escort receives any form of consideration..."; and changed Page 8, Subsection (12), by deleting the words from the end of the definition "or City of Costa Mesa pursuant to Title 9 of this Code." He noted for the record that the ordinance findings reference studies by several other cities, and staff '64 MOTION Ordinance 94-5 Adopted lis in possession of those from the cities of Renton, Los Angeles, j Garden Grove; and the Attorney General's Report citing studies from the cities of Minneapolis, St. Paul, Indianapolis, Phoenix, and Los Angeles. He stated that there are references to other studies on secondary impacts, and they are stated in Finding F. The City Attorney agreed with the Mayor that a finding should be made to ensure that churches shall mean religious institutions; and on Page 11 (circled Page 17), Section 13-860.4, line 3, "regard to the 1 boundaries...". Sid Soffer, 900 Arbor Street, Costa Mesa, made several comments regarding the proposed ordinance. On motion by Council Member Hornbuckle, seconded by Council Member Erickson, and carried 5-0, Ordinance 94-5, AN INTERIM 1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 2 OF CHAPTER XIII OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE ESTABLISHING A MORATORIUM ON 'SEXUALLY ORIENTED BUSINESSES WITHIN THE CITY OF COSTA MESA AND LIMITING THEM TO SPECIFIED ZONING DISTRICTS; PROVIDING FOR LICENSING AND REGULATION OF SEXUALLY ORIENTED BUSINESSES; AND DECLARING THE URGENCY THEREOF, was adopted with the corrections as noted previously by the City Attorney, and a finding recommended by the Mayor that "churches" shall also mean "religious institutions". i CITY ATTORNEY'S � The City Attorney requested a closed session pursuant to Govern - REPORTS 1 ment Code Section 54956.9(a) to discuss the following: Orange Request for Closed County Superior Court Case No. 69-31-10, Thomas and Alma Session: Barnes v. Barnes v. City of Costa Mesa; and Orange County Superior Court City; and Gonzalez Case No. 58-63-39, Eric Sean Gonzalez and Victoria Gonzalez v. V. City City of Costa Mesa, et al. Vice Mayor Humphrey announced that closed session would be held at the close of regular business. COUNCIL Council Member Buffa expressed his pleasure at finding out that two COMMENTS of the olympic figure skating competitors had trained at the Ice Olympic Skating Chalet in Costa Mesa. i Man and Woman of Council Member Hornbuckle offered congratulations to Paul Brecht the Year and Jackie Gillis who were named the Man and Woman of the Year by the Costa Mesa Chamber of .Commerce. ADJOURNMENT TO At 10:35 p.m., the Vice Mayor adjourned the meeting to a closed CLOSED SESSION session in the first floor conference room to discuss the items previously listed under City Attorney's Reports. MEETING RECONVENED MOTION/Settlement Authorized in Barnes v. City Gonzalez v. City Update The Vice Mayor reconvened the meeting at 10:45 p.m., and the action taken during closed session was announced. I Regarding Orange County Superior Court Case No. 69-31-10, Thomas and Alma Barnes v. City of Costa Mesa, by a vote of 5-0, Council rejected the settlement demand, and authorized settlement I as outlined in the City Attorney's confidential memorandum dated February 9, 1994. Regarding Orange County Superior Court Case No. 58-63-39, Eric Sears Gonzalez and Victoria Gonzalez v. City of Costa Mesa, et al., Council received an update from the City Attorney. 1.1 31 w ADJOURNMENT The Vice Mayor declared the meeting adjourned at 10:50 p.m. r � �� C) �, S: � Mayor of the City of Costa Mesa ATTEST: Deputy Ci Clerk of the City of Costa Mesa 1 11