Loading...
HomeMy WebLinkAbout03/20/1995 - City Council,23-0 F REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH 20, 1995 The City Council of the City of Costa Mesa, California, met in regular session March 20, 1995, 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 invocation by Pastor Dan Steward, Calvary Church Newport -Mesa, and Pledge of Allegiance to the Flag. ROLL CALL Council Members Present: Mayor Joe Erickson Mayor Pro Tem Peter Buffa Council Member Mary Hornbuckle Council Member Sandra Genis Council Member Gary Monahan 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 Community Services Director Keith Van Holt Senior Planner Willa Bouwens-Killeen Assistant to the City Manager Ann Gyben Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Hornbuckle, seconded by Mayor Pro March 6 and Tem Buffa, and carried 5-0, the minutes of the regular meeting of 13, 1995 March 6, 1995, and the special meeting of March 13, 1995, were approved as distributed. ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by Council RESOLUTIONS Member Hornbuckle, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Erica Sieben, Associated Student Body President of Costa Mesa Costa Mesa High High School, reported that students in grades seven through twelve School who have maintained a grade point average of 4.0 were recognized for their outstanding academic achievement; March 20th is the beginning "of International Week which consists of ethnic presentations; dancing, music, and food; the Diversity Club and the Ethnic Forum have been created to promote cultural harmony through knowledge; the student council and the Key Club will participate in the Neighbors for Neighbors Clean-up; a Sadie Hawkins Dance will be held on Friday, March 24. 1995 -'.and Mesa Pride Day is Saturday, March 25, 1995, wherein students, teactie*s, staff, parents, and volunteers participate in. -a' school clean-up:. She thanked the Mayor for his attendance on Career Day ; _ . __ 1 PRESENTATION Frank Weidler, CALTRANS Deputy District Dir ctor _announce_d 1994 CALTRANS that the Bristol Street Pedestrian Bridge received the 1994= Excellence in Trans- CALTRANS Excellence in Transportation- Award, in the.caleboy portation Awards of major structures. He presented awards- -to:= -_ T.. �Y. _.,Lin International, designer, accepted by Gary Antonucci; C. J. Segerstrom & Sons, developer, accepted by Paul Freeman; and the City of Costa Mesa, accepted by Mayor Erickson. Mr. Weidler acknowledged the efforts of Transportation Services Manager Peter Naghavi, Administrative Assistant Carol Jacobs, and Public Services Director William Morris. ORAL COMMU- Dorothy Adams, 220 Amherst Road, Costa Mesa, addressed the NICATIONS Housing and Urban Development (HUD) statistic indicating that Homeless Problem there are 589 homeless persons in Costa Mesa. She commented that many of them loiter around Triangle Square because of the proximity of the soup kitchen. Council Member Genis explained that the HUD figure includes the "sheltered homeless" who are persons without a permanent address. Greg Brown Invitation Greg Brown, 2501 Christopher Lane, Costa Mesa, who works with the Vantage Foundation at Rea Center, expressed a desire to become more involved in Costa Mesa City Government. Mr. Brown invited Mayor Erickson to visit him at his home or at Rea Center. Damaged Sidewalks Rodney Tomei, 1108 Corona Lane, Costa Mesa, reported that the sidewalk in front of his home has been raised by tree roots, and although the City is repairing the sidewalk, it will not take responsibility for damaged areas on his property. Mayor Erickson asked the Public Services Director to meet with Mr. Tomei on Tuesday, March 21, 1995, to resolve the problem. King Comments Will King, Post Office Box 2795, Costa Mesa, stated that drug dealers are a public nuisance, Costa Mesa streets and sidewalks are in a state of disrepair, and City employees should not use the restrooms reserved for the handicapped. Santa Ana Bike Heather Somers, 313 Robin Hood Lane, Costa Mesa, asked that Old Trails Business Item No. 4, Santa Ana Avenue bike lanes, be changed to the first item under Old Business. Council concurred with the request. Senior Golf Bill Wallace, 3042 Club House Road, Costa Mesa, Chairman of the Tournament Toshiba Senior Classic Golf Tournament, and representing the Mesa Verde Country Club, expressed thanks to Council, Mayor Erickson, the Fire and Police Departments, and Charles Robertson for their assistance. He reported that attendance was over 30,000 during the last three days of the tournament, and felt that the event was a success. Charles Robertson, 1885 Tahiti Drive, Costa Mesa, thanked everyone who had worked on the Golf Tournament, including the volunteers, Chamber of Commerce, and service organizations, and declared that it was of tremendous economic benefit to the City. Mr. Roberterson briefly addressed his concerns regarding the San Joaquin Hills Toll Road. Disabled Access Nancy Palme, 1997 Kornat Drive, Costa Mesa, responded to a comment made by a previous speaker by stating that all handicapped persons are not in wheelchairs, and no identification is necessary to use handicap restrooms. Orange County Sid Soffer, 900 Arbor Street, Costa Mesa, described an article in the Bankruptcy Los Angeles Times regarding the Orange County bankruptcy and the County's proposal to increase the sales tax to assist in covering its losses. Council Member Genis announced that the proposed sales SET FOR PUBLIC Items 3 and 4 on the Consent Calendar were presented: HEARING Weed Abatement Item 3, Resolution determining and declaring that rubbish and weeds are a public nuisance; directing the Fire Chief or his designee to remove said rubbish and destroy said weeds as required by law; fixing the time for hearing all objections or protests; and directing the abatement of said rubbish and weeds. Cost of Nuisance Item 4, Confirming the costs of nuisance abatement ($4,255.25); Abatement at 2167- ordering that said costs be made a personal obligation of the 671/2 Miner Street, property owner, Navid Ahmed Nouri, and assessed against the Nouri property at 2167-671/2Miner Street, Costa Mesa; and setting a public hearing. Will King, Post Office Box 2795, Costa Mesa, addressed Items 3 and 4, stating that $4,255.25 is too large an assessment. MOTION On motion by Council Member Hornbuckle, seconded by Council Member Genis, and carried 5-0, the following action was taken: Resolution 95-21 Resolution 95-21, A RESOLUTION OF THE CITY COUNCIL Adopted, Setting OF THE CITY OF COSTA MESA, CALIFORNIA, Weed Abatement DETERMINING AND DECLARING THAT RUBBISH AND Hearing for April 3, WEEDS ARE A PUBLIC NUISANCE; DIRECTING THE FIRE: 1995 CHIEF OR HIS DESIGNEE TO REMOVE SAID RUBBISH AND DESTROY! SAID WEEDS AS REQUIRED BY LAW; FIXING THE TIME FOR HEARING ALL OBJECTIONS OR PROTESTS; AND DIRECTING THE ABATEMENT OF SAID RUBBISH AND WEEDS, setting a public hearing April 3, 19959 at 6:30 p.m., in the Council Chambers of City Hall, was adopted. A public hearing was set on April 3, 1995, at 6:30 p. in., to Nuisance Abatement confirm the costs of nuisance abatement ($4,255.25) and to order Hearing Set for that said costs be made a personal obligation of the property April 3, 1995 owner, Navid Ahmed Nouri, and assessed against the property at 2167-671/2Miner Street, Costa Mesa. Item 6 on the Consent Calendar was presented: Bid Item No. 973, Bid Item No. 973, One New Passenger Bus. Will King, Post Office Box 2795, Costa One New Passenger Mesa, and Sid Soffer, 900 Arbor Street, Costa Mesa, thought that Bus the cost of the bus was excessive. Mayor Erickson explained that this vehicle is intended for use by senior citizens. Mr. Soffer suggested purchasing a used vehicle. The City Manager responded that the City does acquire used vehicles; however, it is not feasible in this instance because of the need for handicap accessibility. On MOTION motion by Mayor Pro Tem Buffa, seconded by Council Member Awarded to A -Z Hornbuckle, and carried 5-0, the contract was awarded to A -Z Bus Bus Sales Sales, Inc., 1900 South Riverside Avenue, Colton, for $65,012.00, including delivery. Item 9 on the Consent Calendar was presented: Resolution adopting Police Department fees for Police Department Services, approving an increase in the Jail Booking Fee County Jail Booking Fee to recover the County of Orange's increase in fee. Will King, Post Office Box 2795, Costa Mesa, opposed the increase in booking fees. Council Member Genis explained that the increase is needed because the County increased its fee to the City. MOTION On motion by Council Member Hombuckle, seconded by Mayor Pro Adopted Resolution Tem Buffa, and carried 5-0, Resolution No. 95-22, A 95-22 RESOLUTION OF ` THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING FEES FOR POLICE DEPARTMENT SERVICES, was adopted. 1 i r - 433 Tennis Club and Item 10 on the Consent Calendar was presented: Amendment to the Concessionaire Costa Mesa Tennis Club Agreement. The amended agreement Agreements entitled "Assignment Agreement and Amendment to Tennis Concessionaire Agreement" transfers the agreement from Mike Rehtorik to Cathy Binnquist, and modifies the terms relating to extension of the agreement, cash deposit in lieu of a faithful performance- bond, gross receipts, and the capital improvement program. The City Manager reported that the current concessionaire has two years remaining on the existing agreement with an option for another five years. Cathy Binnquist, 1615 Tustin Avenue, Costa Mesa, responded to questions from Council by stating that she is planning on spending approximately $40,000.00 to bring the facility to a level which would better serve the community and generate revenue, including completely resurfacing and rescreening all 12 courts within the next two years, ensuriftg% that the - facility is completely secured, and making additions to the patio area to create a better atmosphere. Mayor Erickson stated for the record that he and Ms. Binnquist had met previously to, discuss this matter. Motion to Approve A motion was made by Mayor Pro Tem Buffa, seconded by Council Agreement and Member Hornbuckle, and carried 5-0, to approve the "Costa Mesa Amendment Tennis Club Assignment Agreement and Amendment to the Tennis Concessionaire Agreement". After discussion, Council Member Second Withdrawn Hornbuckle withdrew her second, and the motion died. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Amendment Approved Member Hornbuckle, and carried 5-0, approving an amended agreement which transfers it to Ms. Binnquist and retains the original terms of the contract. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Appeal of PA -95-03, set for the public hearing to consider an appeal of the Planning Hi Time Cellars Commission's denial of Planning Action PA -95-03 from Steven Winnett, authorized agent for Ogle Associates, 250 Ogle Street, Costa Mesa, for a Conditional Use Permit (CUP) to allow eight storage containers to remain on the Hi Time -Cellars property at 250 Ogle Street in a C1 -S zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Communications were received from Steven Winnett, requesting approval of the CUP and explaining the necessity for the storage containers; Charles Markel, 234 East 17th Street, No. 118, Costa Mesa, asking that Council uphold the Planning Commission's denial of the request; and a petition signed by 25 business owners and three property managers requesting that Council uphold the Planning Commission's denial. The Deputy City Manager/Development Services reviewed the Agenda Report dated February 22, 1995, and showed diagrams of the area. Steven. Winnett, authorized agents explained that the applicant is asking for time relief from the Planning Commission's decision in order to allow for mutually beneficial development as outlined in the preliminary plans. He agreed with the initial findings of the Planning staff which recommended an extension of one year, with the possibility of two years if plans were filed and permits obtained for the renovation. Mr. Winnett stated that the amount of storage area proposed exceeds the floor area ratio standards of the General Plan. i Bruce Macgurn, 330 Ogle Street, Costa Mesa, representing Mothers Market and Kitchen, 225 East 17th Street, stated that his main concern is beautification of the City, and noted that the trailers and storage units exist without benefit of a CUP. He supported denial of the request until a definite plan is forthcoming. Heather Somers, 313 Robin Hood Lane, Costa Mesa, East Side Homeowners Association, asked that the Planning Commission's denial of this application be supported for the reasons stated in the Agenda Report. Bob Riblett, Manager of Hillgren Square Shopping Center, 250 East 17th Street, Costa Mesa, representing over 30 businesses in the Center, reported that in the last six months there has been an increase in transient activity, and suggested that Hi Time Cellars rent a warehouse for their storage. He supported denial of the CUP. Bill Carney, 216 16th Place, Costa Mesa, an employee of Hi Time Cellars, stated that residents in the neighborhood did not object to the existing units but did oppose the installation of more. Trish Sysak, 425 Ford Road, Apartment C, Costa Mesa, an employee of Hi Time Cellars, expressed concern that removal of the storage containers in too short a time period could be a financial drain on the store which might eliminate her job and others. She commented that she has been employed at the store for almost two years and is not aware of a transient problem. Sophie Jee, owner of the business at 275 East 17th Street, Costa Mesa, complained about the storage container located directly behind her store. Michael Bassler, 218 Ogle Street, Apartment B, Costa Mesa, disagreed with negative statements regarding Hi Time Cellars, and pointed out that other businesses in the area are violating the City's Code. Garrett Glava, representing Photo Express, 287 East 17th Street, Costa Mesa, mentioned the problem of vagrants and the homeless using the spaces between the containers to rest. He enumerated various incidents which have occurred at his business, and reiterated that if the homeless problem in this area is aggravated by the containers, then he does not support the CUP. Harold Hanson, 262 Knox Place, Costa Mesa, an investor in Ogle Associates and employee of Hi Time Cellars, noted that the photographs of Hi Time and the surrounding area where the storage units are located indicate that the business is an asset to the community. He commented that the shipping area is superior to the neighbors commercial areas, explaining that he works at this location six days a week and keeps the area trash -free. He asked for an extension of one year to allow time for the planned development and utilization of the Apollo Book Shop property. Lin Currie, owner of Apollo Book Shop, 1670 Westminster Avenue, Costa Mesa, acknowledged Dan Perlmutter, D -M -P Properties, as the person who had initiated the complaints regarding the storage units. He reported that the units are not unsightly but nicely painted, and well maintained within a neatly landscaped area. Mr. Currie commented that Mr. Hanson is a responsible citizen who maintains the property in top condition. 1 Dan Perlmutter, D -M -P Properties, 610 Newport Center Drive, Suite 1490, Newport Beach, reported that he had surveyed not only tenants in the . shopping center but tenants along the smaller streets regarding the Hi Time Cellars containers. He asserted that Mr. Hanson did not heed recommedations from the Costa Mesa Police Department on alleviating the slum -like area, and was then given a citation in September to remove 10 illegal containers. He suggested that Hi Time Cellars relocate in an industrial complex where expansion is feasible. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that if the business climate were better, this would not be such an important issue. He believed that the Hi Time Cellars' customers help to promote business in the entire area. Horacio Choi, Center Shoe Repair, 285 East 17th Street, Costa Mesa, spoke on behalf of his mother who is manager of the store, and voiced concern regarding the safety of their customers. There being no other speakers, the Mayor closed the public hearing. Responding to a question from Council Member Genis, the Deputy City Manager explained that the parking spaces that have been displaced by the containers would be an issue even if the containers had adequate screening and the Floor Area Ratio (FAR) of .31 were not exceeded. He explained that an outdoor storage area is more appropriate to an industrial, rather than commercial, area. The Senior Planner advised Council Member Hornbuckle that prior to this time, there have not been any complaints from individual tenants, only a complaint from their representative, Mr. Perlmutter. Harold Hanson, 262 Knox Place, Costa Mesa, clarified that public easements, in accordance with the reciprocal parking agreements for the Center, extend between Santa Ana and Orange Avenues. MOTION On motion by Council Member Hornbuckle, seconded by Council Resolution 95-23 Member Monahan, and carried 5-0, Resolution 95-23, A Adopted Denying RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PA -95-03 COSTA MESA, CALIFORNIA, DENYING PLANNING ACTION PA -95-03, was adopted; authorization was given for the storage containers to remain for six months in order for permits to be obtained for the building, allowing an additional six months if the permits are acquired within that time period, based on the finding contained in the Agenda Report dated February 22, 1995, on the testimony previously presented, and on the fact that the containers have been in place for a long time without substantial complaints from the community. RECESS The Mayor declared a recess at 8:25 p.m., and reconvened the meeting at 8:35 p.m. OLD BUSINESS The Deputy City Clerk presented proposed methods of providing Santa Ana Avenue safe Class 2 bike lanes on Santa Ana Avenue between Del Mar Bike Lanes Avenue and Costa Mesa Street. Communications were received from Amy Powell, 2583 Willo Lane, Costa Mesa, supporting Option II which creates a bike lane from 7:00 to 8:00 a. m. and 1:00 to 4:00 p.m.; Andrea Preston, 1934 Santa Ana Avenue, Costa Mesa, opposing parking prohibition for bike lanes; 23 letters from Kaiser Elementary School third grade students urging Council to keep the bike lanes on Santa Ana Avenue; and 19 letters from Kaiser Elementary School fourth grade students requesting no parking or limited parking on Santa Ana Avenue for safer bike lanes. The Public Services Director summarized the Agenda Report dated March 13, 1995, and showed overhead pictures to illustrate the options. He indicated that staff had sent notices to all affected residents, homeowners, and homeowners associations located along Santa Ana Avenue from Broadway to Del Mar Avenue. Anne Younglove, 229 Robin Hood Place, Costa Mesa, Co -president of the Parent Faculty Organization at Kaiser Elementary School, 2130 Santa Ana Avenue, Costa Mesa, introduced Lauren Freidman, President of the Student Council at Kaiser Elementary, who spoke in favor of Option 1. The following Kaiser Elementary School students spoke about the need for safe bicycle lanes on Santa Ana Avenue: Liz Manchester; Erin Freidman; Beth Lewis; Laura Kaszynski; Kathryn Kaszynski; Ms. Ruby; Kate Younglove; Cameron Lester; Heather Barnes; Stephanie Stalker; Ashley Barnes; Fernando Castarena; Benjamin Powell; Alicia Ballard; Ryan Walker; Scott Somers; Christopher Dickson; Steven McLin; Michael Ballard; Brandon Menk; Tim Regan; Joel Walker; Matthew Siemonsma; Cameron Voss; and Daniel Hanson. Mayor Erickson suggested that Mrs. Younglove confer with the Deputy City Clerk regarding the,correct spelling of students' names. The following Costa Mesa residents spoke in support of Option 1: Liz Parker, 307 Colleen Place; Laurie Walker, 128 East Wilson Street; John Hingtgen, 151 East 21st Street, No. 16; Maureen Taylor, 2401 Norse Avenue; Teri Ballard, 1626 Santa Ana Avenue; Anne Younglove, 229 Robin Hood Place; Barbara Mitchell, 2193 Santa Ana Avenue; Bruce Voss, 1519 Santa Ana Avenue; Harris Sherman, 2790 Harbor Boulevard, Suite 300, whose residence address is on Costa Mesa Street near Santa Ana Avenue; Heather Somers, 313 Robin Hood Lane (who read a letter from the Principal of Kaiser Elementary School); Gail Hedrick, 282 Rochester Street; and Peter Powell, 2583 Willow Lane. Will King, Post Office Box 2795, Costa Mesa, and Jody Fitt, 316 Robin Hood Lane, Costa Mesa, spoke in support of retaining existing bike lanes; Sid Soffer, 900 Arbor Street, Costa Mesa, commented that if parents are concerned about their children's safety, they should accompany them to school; and Jim Dillman, 2393 Santa Ana Avenue, Costa Mesa, stated that some on -street parking is needed for residents' visitors. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Option 1 Approved Member Genis, and carried 5-0, approving Option 1 and directing staff to proceed to: "retain the existing facility between 20th and 23rd Streets; implement'a Class II facility (bike lanes) on the remaining segments of Santa Ana Avenue between Broadway and Del Mar Avenue as currently designated on the Master Plan of Bikeways." OLD BUSINESS The Deputy City Clerk presented from the meeting of March 6, Prohibition of 1995, second reading ' and adoption of Ordinance 95-3, prohibiting Persons on Center persons on center medians of streets, and City Attorney's Report Medians No. 95-24. The City Manager reported that an enforcement plan has been developed between his office, the City Attorney, and the Police Department which will be applicable to Ordinances 95-3 and 95-4, and outlined the procedures involved. He recommended that �( b 237 if the ordinances were adopted, a specific reporting period be established to attempt to determine the effectiveness. The City Attorney explained the merits of both ordinances. R. Patrick Hughes, a homeless person, asked if he would be harassed by police officers while merely standing on a center median. The City Attorney responded that it was not lawful for a person to "occupy" a median. Will King, Post Office Box 2795, Costa Mesa, spoke about the homeless problem. Dave McCoy, 2052 Newport Boulevard, Suite 6246, Costa Mesa, stated that he had not observed persons panhandling in the center median. He opposed the proposed ordinance, and enumerated several reasons. Sid Soffer, 900 Arbor Street, Costa Mesa, felt that the problem would not be solved by making laws such at this. He suggested investigating alternative methods. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Ordinance 95-3 Monahan, and carried 5-0, Ordinance 95-3, AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING SECTION 10-169 TO TITLE 10 OF THE COSTA MESA MUNICIPAL CODE PROHIBITING PERSONS ON CENTER MEDIANS OF STREETS, was given second reading and adopted, and the Police Department was directed, in accordance with the City Manager's suggestion, to prepare a report 30 days after implementation regarding the first 30 days of enforcement activity, and a report every 30 days thereafter. OLD BUSINESS The Deputy City Clerk presented from the meeting of March 6, Aggressive 1995, second reading and adoption of Ordinance 95-4, prohibiting Panhandling aggressive panhandling, and City Attorney's Report No. 95-27. The City Attorney reviewed his report dated March 15, 1995. Council Member Genis expressed concern that aggressive behavior is prohibited only if it is associated with a certain form of speech, such as soliciting alms, and not other forms of speech, and asked if that then became an interference with constitutionally protected free speech. The City'Attorney responded that there can be reasonable restrictions even on speech, for example, political signs that cannot be placed in the public right-of-way. He explained that the right to beg does not extend to requests for money that are threatening, and reviewed other aspects of the ordinance. Mayor Pro Tem Buffa related his distaste for the persons who, unsolicited, attempt to wash the windshield of a car. Will King, Post Office - Box, 2795, Costa Mesa, and R. Patrick Hughes, a homeless person, spoke against the ordinance. Dave McCoy, 2052 Newport Boulevard, Suite 6246, Costa Mesa, did not approve of the trend that is being set with the adoption of this type of ordinance, and stated that the taxpayer would be subjected to money lost due to constitutional challenges. Sid Soffer, 900 Arbor Street, Costa Mesa, asked for the definition of aggressive behavior, and explained his theories on the subject. He felt that this ordinance being created solely for political purposes in order to pacify the public on this issue. 238 16 MOTION On motion by Mayor Pro Tem Buffa, seconded by Mayor Erickson, Ordinance 95-4 and carried 5-0, Ordinance 95-4, AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER XI TO TITLE 11 OF THE COSTA MESA MUNICIPAL CODE PROHIBITING AGGRESSIVE PANHAN- DLING, was given second reading and adopted, and the Police Department was directed to prepare a report 30 days after implementation regarding the first 30 days of enforcement activity, and a report every 30 days thereafter. Mayor Pro Tem Buffa indicated that there are many activities that are not illegal or criminal, and the City is helpless to do anything about them without this type of ordinance. Council Member Genis stated that the type of behavior which should be prohibited might already be illegal under existing codes. OLD BUSINESS The Deputy City Clerk presented from the meeting of March 6, Rezone Petition 1995, second reading and adoption of Ordinance 95-5, adopting R-95-019 114 and Rezone Petition R-95-01, changing the zoning of 114 and 120 23rd 120 23rd Street Street from C1 to R2 -HD. Council Member Monahan stated that he would abstain from voting on this item due. to the proximity of the subject property to his residence. MOTION On motion by Council Member Hornbuckle, seconded by Council Ordinance 95-5 Member Genis, and carried 4-0, Council Member Monahan Adopted abstaining, Ordinance 95-5, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REZONE PETITION R-95-01, CHANGING THE ZONING OF 114 AND 120 23RD STREET FROM Cl TO R2 -HD, was given second reading and adopted. NEW BUSINESS The Deputy City Clerk presented the following items regarding a Roller Hockey roller hockey facility: Investigate the use of City property for a Facility roller hockey facility; draft Request for Proposal; solicit proposals from interested concessionaires. The Community Services Director summarized the Agenda Report dated March 1, 1995. Council Member Buffa suggested that a straw poll be taken to determine if there is sufficient interest in this item. Council Member Hombuckle commented that the concessionaire should not be the one to determine the best site for the facility. She supported directing staff to determine if an acceptable location on City property exists; however, did, not feel that Fairview Park would be appropriate. Council Member Monahan agreed with Council Member Hornbuckle, and suggested that a private interest might consider using private property for this endeavor. Council Member Genis agreed with the concept of using private property, and stressed that the Master Plan of Parks should be followed. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Staff Directed to Member Genis, and carried 5-0, directing staff to explore at a Investigate minimum effort level, the possibility of creating a hockey facility on City property (excluding the Request For Proposal and soliciting proposals), and eliminating the entire property at Fairview Park from consideration. Sid Soffer, 900 Arbor Street, Costa Mesa, supported any under- taking that the City can afford which would give young people a place to occupy their time. 1 ^39 Will King, Post Office Box 2795, Costa Mesa, and R. Patrick Hughes, a homeless person, supported the roller hockey facility. Council Member Genis clarified that the agricultural site at Costa Mesa High School is not City property. NEW BUSINESS The Deputy City Clerk presented a request from Triangle Square to "Imagination install 24 "Imagination Celebration" street banners around the Celebration" Banners perimeter of their project at Newport and Harbor Boulevards, from March 21 through April 2, 1995. The Assistant to the City Manager reviewed the Agenda Report dated March 13, 1995. Will King, Post Office Box 2795, Costa Mesa, said that this is a money issue. Mayor Erickson suggested that Mr. King read the Agenda Report. MOTION On motion by Council Member Hornbuckle, seconded by Council Banners Approved Member Monahan, and carried 5-0, the banners were approved per Council Policy No. 500-6. CITY ATTORNEY'S The City Attorney presented his Report No. 95-25 regarding REPORT disabled access compliance at Costa Mesa Civic Center, Senior Disabled Access Center, and Rea Community Center. He summarized the report Requirements dated March 10, 1995, stating that the key issue is the City's position regarding retrofit of a facility leased from the Newport - Mesa School District. He submitted the Agreement for Voluntary Compliance as a compromise. R. Patrick Hughes, a homeless person, reiterated that all handicapped persons were not in wheelchairs. MOTION A motion was made by Council Member Hornbuckle, seconded by Authorized Negotia- Council Member Genis, and carried 5-0, confirming that the City tion with School Attorney is proceeding in the right direction; and directing the City District Manager to negotiate with the School District to provide for the cost of improvements at Rea Center to be deducted from the rent, making the agreement a separate document. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request for Government Code Sections 54956.9(a) and 54956.9(b)(1) to discuss Closed Session: the following: Edward Fritch v. City of Costa Mesa, et al., Orange Fritch v. City; Jensen County Superior Court Case No. 721519; Jerry Jensen v. City of v. City; Newport Costa Mesa, et al., Orange County Superior Court Case No. Boulevard Associates 732965; Newport Boulevard Associates v. City of Costa Mesa, et v. City; Senior Center al., Orange County Superior Court Case No. 729087; Costa Mesa Claim Re Wolff Lang Senior Citizens Center claim against Wolff Lang Christopher, et al.; Christopher; Orange and Orange County ("OC") and Orange County Investment Pool County Bankruptcy ("OCIP"), United States Bankruptcy Court Case No. SA -94-22272 JR; City of Huntington Beach v. Merrill, Lynch, Pierce, Fenner & Smith,, Inc., et al., United. States District Court Case No. SA -CV - 95 -189, LHM. Mayor Erickson announced that closed session would be held at the completion of regular business. CITY MANAGER'S The City Manager presented a resolution revising the rates of pay REPORT for classifications and employees placed outside the basic pay Revised Rates of schedule, i.e., part time classifications. He reviewed the Agenda Pay Report from the Personnel Department dated March 10, 1995. Will King, Post Office Box 2795, Costa Mesa, commented that the Country is in a recession and pay raises are not in order. 2 10 Council Member Genis pointed out that the proposed salary increase for the job classification of janitor was somewhat out -of -line. The City Manager recommended that since there is no janitor at the present time, the position be excluded and reexamined when there the need arises. MOTION On motion by Council Member Hornbuckle, seconded by Council Resolution 95-24 Member Genis, and carried 5-0, Resolution 95-24, A RESOLU- Adopted TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE RATE OF PAY FOR CLASSIFICATIONS AND EMPLOYEES PLACED OUTSIDE THE BASIC PAY SCHEDULE, was adopted, excluding the position of janitor. COUNCIL Council Member Genis commented that previously it had been COMMENTS possible to save budget dollars by not having a police office present Council Meeting at Council meetings; however, it had again become necessary Disruptions because of recent disruptions. She pointed out that when members ,of the audience disturb the meeting, it costs Costa Mesa taxpayers ADA Accessibility money and wasted staff time. Council Member Genis reported on a situation which occurred during the election the previous week wherein a polling place was moved from the Fire Station on Royal Palm Drive due to inadequate handicap accessibility; however, the new polling place had less accessibility. She advised using common sense regarding the American With Disabilities (ADA) accessibility. Santa Ana Avenue Regarding the parking options for bike lanes on Santa Ana Avenue, Parking Options Council Member Genis stated that citizen enforcement of no -parking had been suggested, and thought this concept should be investigated. Term Limits She then asked if Council wished to rethink their position previously taken regarding term limits. She commended the quality of applicants for the Planning Commission and the Parks, Recreation Facilities and Parkways Commission. Gisler and Baker Mayor Pro Tem Buffa asked what the Sanitary District has proposed Construction with reference to rebuilding Gisler Avenue and Baker Street after their work is completed. The Public Services Director responded that discussions have been held, and the City is currently working with them to completely redo Gisler Avenue. Mayor Pro Tem Buffa asked for a report by the April 3, 1995, meeting on the time frame for completing construction. Purchasing From The Mayor Pro Tem asked if a preferential purchasing ordinance for Local Vendors local vendors had been addressed. The City Manager explained that this had previously been investigated wherein the City Attorney's office ascertained that under State law it is illegal to provide local benefit towards vendors on competitive bidding. Commission Appoint- Mayor Erickson thanked those who applied for the open position on ments; Moorlach the two commissions, and also thanked the retiring commissioners. Appointment as He congratulated John Moorlach for his appointment as Orange Treasurer County's Treasurer. ADJOURNMENT TO At 11:15 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor Conference Room to discuss the items previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 11:45 p.m., and the action RECONVENED taken during closed session was announced. 11 MOTION Regarding Edward Fritch v. City .of Costa Mesa, et al., Orange Fritch v. City County Superior CourtCase No. 721519, by a vote of 5-0, the Settlement Demand settlement demand as outlined in the Assistant City Attorney's Rejected confidential memorandum dated March 10, 1995, was rejected. MOTION Regarding Jerry Jensen v. City of Costa Mesa, et al., Orange Jensen v. City County Superior Court Case No. 732965, by a vote of 5-0, the Settlement Demand settlement demand as outlined in the Assistant City Attorney's Rejected confidential memorandum dated March 10, 1995, was rejected. MOTION Regarding Newport Boulevard Associates v. City of Costa Mesa, et Newport Boulevard al., Orange County Superior Court Case No. 729087, by a vote of Settlement Offer 4-0, Council Member Monahan absent, the settlement offer to waive Rejected an appeal if the City would waive its claim for attorney's fees and costs, was rejected. MOTION Regarding Costa Mesa Senior Citizens Center claim against Wolff Wolff Lang Settle- Lang Christopher, et al., by a vote of 5-0, the settlement offer as ment Accepted outlined in the Assistant City Attorney's confidential memorandum dated March 10, 1995, was accepted. Orange County Regarding Orange County ("OC") and Orange County Investment Bankruptcy Report Pool ("OCIP"), United States Bankruptcy Court Case No. SA -94 - Received 22272 JR; City of Huntington Beach v. Merrill, Lynch, Pierce, Fenner & Smith, Inc., et al., United States District Court Case No. SA -CV -95-189 LHM, Council received a report, and no action was taken. ADJOURNMENT The Mayor declared the meeting adjourned at 11:50 p.m. Mao of the City of Costa Mesa ATTEST: Deputy City lerk of the City of Costa Mesa 241*