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HomeMy WebLinkAbout04/17/1995 - City Council_"-2 5 6 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 17, 1995 The City Council.`of the City of Costa Mesa, California, met in regular session April 17, 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 Pledge of Allegiance to the Flag led by former Mayor Jack Hammett, and invocation by the Reverend Doyle Henderson, Costa Mesa Nazarene Church. ROLL CALL Council Members Present: Mayor Joe Erickson Mayor Pro Tem Peter Buffa Council Member Mary Hombuckle 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 Redevelopment Project Manager Muriel Berman Community Services Director Keith Van Holt Assistant Development Director/ Planning Manager Perry Valantine Administrative Assistant Paula Schaefer Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council Member April 3, 1995 Genis, and carried 5-0, the minutes of the regular meeting of April 3, 1995, were approved. 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. r PROCLAMATION Mayor Erickson recognized the Harbor Area World War H "Victory in'the Commemorative Committee for their efforts, and announced that the Pacific" annual reunion of the Santa Ana Army Air Base veterans will occur on April 22, 1995, at Orange Coast College. He presented a document proclaiming August 19, ,.1995, as "Victory in the .Pacific Day to former Mayor and Pearl Harbor veteran, Jack Hammett. PRESENTATION Marleen Wright, 334 Tours Lane, Costa Mesa, representing ttzes- Newport-Mesa Newport -Mesa Alternative Education Center, 390_ Monte,- Vista Alternative Education Avenue, Costa Mesa, reported that two students were pre -exited with Center $500.00 scholarships to Orange Coast College. at a luneh'eon.held -0 n* April 6, at the Ebell Club of Newport Beach;_ the school, newspa�.erj.: The Stargazer, will publish its first edition this :month; 'a.waritify stage show will be held at the school on April: 29; :..and the Alternative Education Center school site, which may relocate at some time in the future, is secure for the 1995-96 school year. ORAL COMMUNI- Trudy Ohlig, 3080 Johnson Avenue, Costa Mesa, a director of Mesa CATIONS Consolidated Water District, spoke on behalf of the District in Mesa Consolidated response to comments made at a recent Council meeting. She Water District suggested that future concerns regarding operations be addressed to the Mesa Consolidated Board of Directors at their regularly scheduled meetings on Thursdays at either 3:00 p.m. or 7:00 p.m. Ms. Ohlig reported that a Water Issue Study Group meets on the third Wednesday of the month at 7:00 p.m. She asked Mayor Erickson to relay the above information to those who express concern about the Water District. Heather Somers, 427 East 17th Street, Costa Mesa, President of the East Side Homeowners Association, addressed problems with the Mesa Consolidated Water District, stating that the agency has misused the trust put forth by the citizens of Costa Mesa. She suggested that, in order to solve the problem, the City could take control of the Water,1.District. Nancy Palme, 1997 Kornat Drive, Costa Mesa, compared expendi- tures between the Mesa Consolidated Water District and the City for such items as employees salaries, General Manager versus City Manager salary, Board versus Council salaries, and various other items, which indicate that the District's expenditures are much higher than the City's. She pointed out that the Water District's rates are among the highest in California, and urged Council to MOTION consider assuming control. On motion by Council Member Genis, Additional 30 Seconds seconded by Mayor Pro Tem Buffa, and carried 5-0, Mrs. Palme Granted was granted an additional 30 seconds to address rehabilitation facilities (refer to her comments under that heading). Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, reported that he had attended approximately 20 board meetings of the Mesa Consolidated Water District and discerned a lack of interest in citizen input. He applauded Mrs. Ohlig's efforts in soliciting community response but felt that she was in the minority. Mr. Pizarek proposed forming a community advisory committee which would act as a liaison between the Board and the Administration in order to resolve the current problems. Council Member Genis suggested that Water District meetings, as well as Sanitary District meetings, be televised on the cable channel. Mayor Erickson added that the Newport -Mesa Unified School District meetings could also be televised. Police Shooting Ginger O'Mara, 231 Breting Way, Placentia, reported on a Police Department incident wherein two puppies had been shot. She stated that one dog was a mixed breed and the other was a pit bull. She explained the circumstances, and stated that Animal Control had not been called -because they do not work on weekends. Ms. O'Mara stated that she had talked with the Police Chief; however, the facts as listed in the report in -,,his'. possession differed from the circumstances as she understood.. them. Mayor Erickson suggested that Ms. O'Mara obtain a copy of the police report. The City Manager requested that she provide the names of any witnesses or facts that contradict this report. Rehabilitation Heather Somers reported that an alcohol and drug rehabilitation Facilities facility is being established within 1,000 feet of an elementary school on Victoria Street. Mayor Erickson informed Mrs. Somers that an appeal of the rehabilitation facility at 1110 Victoria Street is scheduled for public hearing on May 1, 1995. Dorothy Adams, 220 Amherst Road, Costa Mesa, asked how many rehabilitation facilities are located in Costa Mesa. Council Member Genis responded that this information had been provided by staff; however, there are State facilities which the City is prohibited from regulating, and suggested that, for a correct count, Ms. Adams contact State Assemblywoman Marilyn Brewer. Council Member Hornbuckle explained' that the statewide League of California Cities is attempting to take charge of smaller group homes, six persons or fewer, used for drug and alcohol abuse rehabilitation, wayward teenagers, etc., where the State has consistently refused to release control. She encouraged citizens to write letters to their State representatives to encourage local control. Nancy Palme encouraged Council to make disclosure mandatory for rehabilitation facilities in order to curtail child abuse. Soffer Comments Sid Soffer, 900 Arbor.; Street, Costa Mesa, stated that he was more concerned with drug users and alcoholics who were not being rehabilitated. He reported on the large amount of graffiti at Placentia Avenue and 18th Street, southbound on the left hand side of the street. Mr. Soffer inquired about the percentage of Federal funds allocated to the City which go towards administration costs. Council Member Genis replied that the Agenda Report for Public Hearing No. 2 contains that information. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 2, Notice of Intention to Appeal or Solicit for Charitable Purpose from Veterans of Foreign Wars; and Item 3, Warrant Resolution 1595, and Payroll 9506. MOTION/Approved On motion by Council Member Hornbuckle, seconded by Council Except Items 2 and Member Monahan, and carried 5-0, the remaining Consent Calendar 3 items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Bradley E. Jones; Pacific Bell; Cynthia Palazuelos; and Southern California Edison Company. Alcoholic Beverage Alcoholic Beverage License for which parking has been approved License by the Planning staff: Rita and Lenny Garofalo, doing business at 3046 Bristol Street. ADMINISTRATIVE Automated Vehicle Fueling System Replacement at 99 Fair Drive ACTIONS/Accepted and 2300 Placentia Avenue, Project No. 94-18, was completed to Work by Thomas for the satisfaction of the Public Services Director on February 27, Fueling System 19959 by Charles E. Thomas Company, Inc., 13701 South Alma Replacement, Project Avenue, Gardena. The work was accepted; the Deputy City Clerk No. 94-18 was authorized to file a Notice of ;Completion; authorization was given to release retention funds 35'days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Approved Agreement An agreement between Hazelrigg Risk Management Services, 1310 with Hazelrigg and South Valley Vista Drive, Diamond Bar, and the cities of Newport Newport Beach for Beach and Costa Mesa, for workers' compensation claims Workers' Claims administration services, was approved, and the City Manager was Administration authorized to sign on behalf of the City. 1 Resolution 95-28 Resolution 95-28, A RESOLUTION OF THE CITY COUNCIL OF Adopted, Landscaping THE CITY OF. COSTA MESA, CALIFORNIA, INITIATING Assessment District PROCEEDINGS FOR RENEWAL OF CITY OF COSTA MESA No. 1 Renewal LANDSCAPING ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 1995-96, was adopted. Resolution 95-29 Resolution 95-29, A RESOLUTION OF THE CITY COUNCIL OF Adopted, Landscaping THE CITY OF COSTA MESA, CALIFORNIA, INITIATING Assessment District PROCEEDINGS FOR .RENEWAL OF CITY OF COSTA MESA No. 2 Renewal LANDSCAPING ASSESSMENT DISTRICT NO. 2 FOR FISCAL YEAR 1995-96, was adopted. BUSINESS PERMIT Item.2 on the Consent Calendar was presented: Notice of Intention Veterans of to Appeal or Solicit for Charitable Purpose from Veterans of Foreign Wars Foreign Wars, Coast Line Post No. 3536, 567 West 18th Street, Costa Mesa, by offering Buddy Poppies to the public from May 19 through May 21, 1995. Will King, homeless, thought that the City should be raising money to solve its financial problems. Council Member Genis clarified that the permit allowed for private fund MOTION raising efforts for the veterans. On motion by Council Member Permit Approved Hornbuckle, seconded by Mayor Pro Tem Buffa, and carried 5-0, the permit was approved pursuant to Municipal Code Section 9- 127(d). WARRANTS Item 3 on the Consent Calendar was presented: Warrant Resolution 1595, funding City operating expenses for $1,008,905.63; and Payroll 9506 for $1,246,514.98. Will King, homeless, stated that MOTION he did not agree. On motion Council Member Genis, seconded by Approved Warrant Mayor Pro Tem Buffa, and carried 5-0, Warrant Resolution 1595, 1595; Payroll 9506 and Payroll 9506, were approved. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Sign Ordinance set for the public hearing to consider an ordinance repealing Chapter VI of Title 5 of the Costa Mesa Municipal Code regarding signs, and adding Chapter XIV to Title 13, adopting revised sign regulations. The Affidavit of Publication is on file in the City Clerk's office. Communications were received from: The Grant Boys, 1750 Newport Boulevard, Costa Mesa, listing five suggestions from the Sign Ordinance Review Committee which were not included in the proposed ordinance; Costa Mesa Chamber of Commerce, 1835 Newport Boulevard, Suite E-270, Costa Mesa, listing eight items to be considered for inclusion in the proposed sign ordinance; and Apartment Association of Orange County, 12822 Garden Grove Boulevard, Suite D, Garden Grove, supporting the ordinance. Mayor Erickson commended the Sign Ordinance Review Committee for their efforts. The Assistant Development Director/ Planning Manager reviewed the Agenda Report dated April 10, 1995. He showed slides from 1973 and 1995 which illustrate how the 1974 sign ordinance has improved the City's appearance. Council Member Genis stated .that complaints have been received, mainly related to real estate signs in residential areas, including banners; the content of the sign for the condom shop on Newport Boulevard; and the large yellow inflatable T-shirt on 17th Street. Council Member Hornbuckle felt that a specific time period should be established for temporary window signs. Randy Garell, President of The Grant Boys, 1750 Newport Boule- vard, Costa Mesa, commented that he could not support the proposed sign ordinance in its current form. He remarked that the recession in southern California is not over, business is difficult, and temporary signage, specifically banners, is an inexpensive and effective way to improve the daily receipts of a retail business. He suggested placing banners in the same category as temporary window signs, that is with no restrictions except for size limitation. He asked that a moratorium be declared on banner enforcement until a decision is reached. Mayor Erickson thanked Mr. Garell for his participation on the Sign Ordinance Review Committee. Jeffrey Stern, Superior Electrical Advertising, Inc., 1700 West Anaheim Street, Long Beach, a partner in Love to Travel & Things, 369 17th Street, Costa Mesa, and a member of the Sign Ordinance Review Committee, commented that the cities of Newport Beach, Fountain Valley, and Huntington Beach, had more lenient sign restrictions than Costa Mesa. He asked for direction from Council regarding the ordinance, and suggested following the lead of surrounding communities. Council Member Genis requested verification of sign requirement figures for neighboring cities. Bob Washer, owner of the Sandpiper Motel, 1967 Newport Boulevard, Costa Mesa, reported that he lost one-third of his business when the Costa Mesa Freeway was created, and banners had been installed to increase the motel's visibility. He stated that he had been cited for the banners, and appealed to Council for aid in finding a solution to the problem. Mayor Erickson suggested that Mr. Washer remain for the agenda item regarding the Newport Boulevard Study Committee. Kim Kasell, 3057 Yukon Avenue, Costa Mesa, owner of a Costa Mesa sign company and member of the Sign Ordinance Review Committee, expressed her concern regarding the proposed ordinance, and pointed out discrepancies between the Committee's recommendations and the Planning Commission's recommendations on the following items: Page 82, Temporary Special Event Signing; 'Page 83, Inflatables; Page 84, Items of Information, and Letter Height; Page 85, Number of Activities on Freestanding Sign; Page 86, Complex I.D.; and Page 87, Total Sign Area Per Site. Council Member Hornbuckle explained that Council and commissions often take into account information other than that offered by an advisory committee. Regina Culbertson, owner of The Feed Barn, 2300 Newport Boulevard, Costa Mesa, reported that the business community is struggling to recover from the recession and the freeway disruption, and commented that vacant stores and strip malls were more unsightly than signage. She stated that empty stores will discourage new business from entering Costa Mesa. Ms. Culbertson emphasized that it is imperative to use banners at this time with a minimum of restrictions because funds are not available for other advertising options, such as cable television. Charles Robertson, 1885 Tahiti Drive, Costa Mesa, President of the Mesa Verde Homeowners Association, acknowledged that as a businessman he was sensitive to the problems previously mentioned; however, as a resident, he desires a city that has a neat and orderly appearance. He suggested that communicating through other media such as local newspapers or direct mail might best meet mutual needs. He proposed an ongoing program supported by merchants, residents, and the City, to educate citizens on the advantages of trading within the City. 1 1-1 Heather Somers, 427 East 17th Street, Costa Mesa, President of the East Side Homeowners Association, agreed with the previous speaker,' and noted discrepancies in the Agenda Report which required clarification. She commented that a good business promotes itself, for example South Coast Plaza generates the highest sales tax revenue in the City, yet there is little or no signage to indicate where they are located. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that the sign ordinance be divided between two types of businesses, one where a sign is absolutely necessary for the success of a business, such as a motel, and the other where it is not. Nancy Palme, 1997 Kornat Drive, Costa Mesa, thought that Newport Boulevard presents a unique situation, and suggested that a separate ordinance, structured by the Newport Boulevard Study Committee, should bet considered. She commented that a successful business offers good parking, .a courteous staff, and a clean and neat store, which are more important elements than signage. John Feeney, 1154 Dorset Lane, Costa Mesa, member of the California Electric Sign Association and a member of the Sign Ordinance Review Committee, stated that Costa Mesa is "big business" friendly, claiming that many small businesses have been forced out. He commented that many of the sign regulations have nothing to do with public safety and do not serve a compelling public interest. He addressed several questionable issues in the proposed ordinance. Fred Janssen, 1800 Newport Boulevard, Costa Mesa, asked that Council take heed of business owners' complaints. He reported that he was fined $135.00 for hanging a Christmas banner. There being no other speakers, the Mayor closed the public hearing. Motion to Enact A motion was made by Mayor Pro Tem Buffa to enact a moratorium Moritorium, Etc., on enforcement for temporary banners :until December 31, 1995, Withdrawn with the finding that the business climate is still not good; to keep the ad hoc committee active; and to address the ordinance at one more Council meeting in order to give staff as specific direction as possible. At the request of Council Member Genis, the motion was withdrawn in order to consider each issue separately. MOTION/Banner and A motion was made by Mayor Pro Tem Buffa, seconded by Council Inflatable Moratorium Member Genis, to enact a moratorium on enforcement of temporary Approved banners and inflatables until December 31, 1995. Mayor Pro Tem Buffa clarified that the intent of the motion was to impose a moratorium on the enforcement of banner regulations, such as number of days or events allowed, but continuing to enforce the size constraints of the existing ordinance. Council Member Hornbuckle stated that she could not support the motion because inflatables were included, and noted that they can be seen from one end of Harbor Boulevard to past 19th Street. She referred to this phenomena as visual pollution, and felt it was Council's duty to meet the General Plan goal of enhancing the appearance of the City. The motion carried 3-2, Council Members Hornbuckle and Erickson voting no. Mayor Erickson supported the concept of the banner enforcement moratorium; however, could not support unregulated inflatables. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Sign Ordinance ;Member Genis, and carried 4-1, Council Member Hornbuckle voting Referred to Staff no, to refer the ordinance back to staff for reconsideration by the Sign Ordinance Review Committee. MOTION A motion was made by Council Member Genis, seconded by Letter Height and Council Member Monahan, and carried 4-1, Council Member Word Count Require- Hornbuckle voting no, to eliminate letter height and word count ments Eliminated requirements. MOTION/Alternative On motion by Council Member Genis, seconded by Mayor Pro Tem to Variance Buffa, and carried 5-0, staff was authorized to investigate a simple Authorized alternative to the formal variance procedure and findings for deviation from the sign ordinance. . MOTION A motion was made by Council Member Genis, seconded by Mayor Changeable Copy Pro Tem Buffa, and carried 4-1, Council Member Hornbuckle Signs Approved voting no, to allow changeable copy signs, including electronic message boards, subject to certain size restrictions. MOTION A motion was made by Council Member Genis, seconded by Mayor Eliminated Regressive Pro Tem Buffa, and carried 4-1, 'Council Member Hornbuckle Portions of Sign Code voting no, to eliminate regressive portions of the sign code relating to calculation of free-standing sign height and area. Council Member Genis clarified the preceding motion by stating that instead of a straight percentage of the lot size, the actual percent for lot size allowed is decreased when you have a smaller lot, and it is not, say, 15 percent of lot size, so that a 100 -square -foot lot gets 15 square feet and a 1,000 -square -foot lot gets 150 square feet; but in this code, the tinier lot gets the smaller percentage so the owner of a 200 -square -foot lot might only be allowed a 10 -square -foot sign, whereas the 500 -square -foot lot might get a 100 -square -foot sign. Council Member Genis asked staff to examine the potential for imposing different sign standards where the property is adjacent to a residential area. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Inflatables Limited Member Genis, and carried 4-1, Council Member Hornbuckle voting in Size and Display no, to limit inflatables, during and after the moratorium, to the ad Height hoc committee's recommendation of up to 10 feet in diameter and a display height of up to 75 feet in the air. John Feeney, 1154 Dorset Lane, Costa Mesa, asked if Council wished to give direction regarding the total sign area per. site. Mayor Erickson replied that Council Member Genis made a request for review of the percentage relating to the sign versus the size of the site but had not specified the lineal foot aspect. Sid Soffer, 900 Arbor Street, Costa Mesa, pointed out that in the case of a piece of property 50 feet wide and 300 feet deep, as opposed to a piece of property that is 300 feet wide and 25 or 50 feet deep, that the property with the larger frontage would get the bigger sign. The Mayor asked the Planning Manager to investigate and report to Council on this type of situation. 1 L MOTION A motion was made by Council Member Hornbuckle, seconded by Staff to Define Mayor Erickson, and carried 4-1, Council Member Monahan voting Window Signs no, asking staff to clearly define temporary window signs by setting a time period, and to reduce the 25 percent area of window space covered by signs to a percentage to be calculated by staff. Council Member Genis supported the motion but expressed her desire to move towards an ordinance which would allow a certain amount of square footage for a sign, whether it be a window, pole, or wall sign. Council Member Monahan, in agreement with Council Member Genis, asked for a clarification on square footage, as far as lot size and frontage. MOTION A motion was made by Council Member Monahan, seconded by Staff Directed Mayor Pro Tem Buffa, and carried 4-1, Council Member to Investigate Hornbuckle voting no, directing staff to investigate combining all Combining Signage signage, i.e., window signs, wall signs, awning signs, projecting signs, above -roof signs, and banners as far as the total amount allowed per property. Charles Robertson, 1885 Tahiti Drive, Costa Mesa, felt that the sign ordinance had been destroyed, and thought that another public hearing was necessary. Mayor Erickson explained that the ordinance would be brought back to Council in approximately 60 days. Council Member Genis suggested combining Sections 13-955, Exempted Signs, and 13-960, Signs Permitted in All Zones. She did not believe some of the exempt signs would be appropriate in a residential zone. She expressed interest in how the ordinance would be enforced once it is finally adopted. RECESS The Mayor declared a recess at 8:55 p.m., and reconvened the meeting at 9:05 p.m. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Costa Mesa 1995-96 . set for the public hearing to consider the Costa Mesa Consolidated Consolidated Plan Plan Summary for Fiscal Year 1995-96. Funding recommendations for the Community Development Block Grant (CDBG) Public Service Grants. Recommended allocations for CDBG application including entitlement funds, program income and reallocation of prior year's funds and the Fiscal Year 1994-95 and 1995-96 HOME Investment Partnership funding allocations. Resolution authorizing Fiscal Year 1995-96 CDBG and HOME Investment Partnership Act Entitlement Funds application submission to the United States Department of Housing and Urban Development, authorizing the City Manager to act as the official representative of the City to submit the Consolidated Plan, all certifications and assurances contained therein, and to provide such additional information as may be required. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Redevelopment Project Manager and the Administrative Assistant reviewed the Agenda Report dated April 2, 1995. In answer to Mayor Ericksons request for a response to a prior question from Mr. Soffer, the Assistant reported that the CDBG funds are restricted to 20 percent ..: 63 10, administrative costs. She also explained that HUD's definition of homeless includes people who are technically homeless, or live in cars, dwelling units not fit for human habitation, overcrowded apartments, parks, or transitional shelters. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that administrative costs- have increased about 50 percent by funds allocated for Code Enforcement. The City Manager responded that Code Enforcement is a separate program, and the funds would be used only if Council, decided to conduct special housing code enforcement. Council Member Genis clarified that CDBG funds must be utilized for one of three HUD national objectives: (1) elimination of slum and blight; (2) benefit to low and moderate income people; and (3) meeting an urgent community need. Debby O'Connor, representing Costa Mesa Continuum of Care Coalition, no address given, which is comprised of FISH, Human Options, SPIN, OCEAN, and Mercy and Regina houses, explained that the goal of the coalition is to enable clients to become self- sufficient, and shared an example of how this was effected. She reported that the coalition has set an.example for Orange County, stating that other government and nonprofit agencies have expressed interest in its operation. Helen Brown, Civic Center Barrio Housing Corporation, 431 South Bristol Street, Suite 6, Santa Ana, expressed thanks for the City's support of their efforts to improve the living environment in the Shalimar Drive neighborhood. Sandra Gordon, Orange Coast Interfaith Shelter, 1962 Wallace Avenue, Costa Mesa, outlined the services offered by their organization, and revealed that the primary focus is the 60 -day Transitional Program which services 18 families. She reported that the new Job Retention and Training Program would aid the homeless in becoming self-sufficient. Jack Moriarty, Manager of the Someone Cares Soup Kitchen, 661 Hamilton Street, Costa Mesa, reported that the soup kitchen has been open five days a week for nine years, and the purpose is to feed anyone that is hungry. He stated that a census is taken approximately once a month, and from that it has been determined that 60 percent of the clientele are Costa Mesa residents. Paul, a homeless person, who patronizes the Someone Cares Soup ,Kitchen, commended the service it provides. He suggested relocating the soup kitchen to within the proximity of the Costa Mesa Police Department, stating that the soup kitchen in the City of Orange has had success with this approach. Crista . Lawson, president of La Cueva, 695 Center Street, Costa Mesa, . described the group as catering to high adventure teen activities. John LeVere, director of La Cueva, reported that the goal for the coming year is to offer their services to other youth groups. Jill Kinnane, Assistant Director of Community Service Programs (CSP), Juvenile Diversion Program, 17200 Jamboree Road, Irvine, related that the CSP staff is located in the Costa Mesa Police Department, and provides preventative services for youthful offenders and their families. She explained that the County of Orange is discontinuing its funding of this operation, and asked that Council consider granting their request for $12,000.00. 1 re=4 65 Dennis Koba, Assistant Director of Community Service Programs, Juvenile Diversion Program, expressed concern that the funding cutback would affect their work with first-time offenders. Laurie Smith, representing the Costa Mesa Senior Center, 695 West 19th Street, Costa Mesa, reported on problems encountered with the medical clinic's visiting nurse program. Karen McGlinn, Director of Share Our Selves (SOS), 1550 Superior Avenue, Costa Mesa, explained the process by which SOS ascertains the funds being expended on Costa Mesa residents. She revealed that SOS continues to be a volunteer organization, and administration costs are not taken from grant funds. Will King, homeless, explained his homeless situation. Merle Hatleberg, .Director of Someone Cares Soup Kitchen, 661 Hamilton Street, Costa. Mesa, stated that she would be back on her feet after recent surgery, and back to work at the soup kitchen. Chris, a homeless person, commented that single, white males do not receive as much assistance as women and children. Council Member Hornbuckle responded that Mercy House is an organization which serves single, homeless males. Council Member Hornbuckle commended Community Service Programs for their assistance to the Police Department, and commented that their location within the department is advantageous. She addressed the application from Olive Crest, explaining that the air conditioner requested had not been considered a necessity nor an emergency need, and the balance of the request had been denied in order to channel the funds into areas that would serve a greater number of clients. Mayor Erickson announced that he had a long-term business relationship with the Feedback Foundation, and will abstain from voting on the issue relating to them. Council Member Hornbuckle stated that she is no longer on the Board of Directors for Girls, Inc. MOTION A motion was made by Council Member Hornbuckle, seconded by Grants Approved Council Member Genis, and carried 5-0, to approve the CDBG As Recommended Public Service Grant recommendations from the Public Service Subcommittee and the Redevelopment and Residential Rehabilitation (3R) Committee, with the exception of the Feedback Foundation, and to allot the $221,700.00 in accordance with the Agenda Report dated April 2, 1995. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Feedback Foundation Tem Buffa, and carried 4-0, Mayor Erickson abstaining, the Public Grant Approved Service Grant for the Feedback Foundation was approved in accordance with the Subcommittee's recommendation. MOTION A motion was made by Council Member Hornbuckle, seconded by Authorized Seeking Mayor Pro Tem Buffa, and carried 5-0, to examine the possibility Additional Funding of granting additional funding for the CSP Program, as part of the for CSP City's budget discussions, recognizing that it provides a vital service to Costa Mesa. The Redevelopment Project Manager reviewed the recommended CDBG and HOME Investment Partnership funding allocations contained in the April 2 Agenda Report. 66 Lynn Graham, Executive Director of Youth Employment Services (YES), 114 East 19th Street, Costa Mesa, reported that they have the opportunity of purchasing the Golden Timers Senior Citizen Center, located at the above address, and asked for reconsideration of their request for a loan of $175,000.00 to effect this purchase, previously denied by .the Subcommittee. Ms. Graham reviewed the history and success of Youth Employment Services, and explained that they expect to share the building with other agencies. Council Member Hornbuckle offered to join staff in working with YES to determine a funding mechanism for purchase of the building. MOTION A motion was made by Council Member Hornbuckle, seconded by CDBG and HOME Council Member Genis, and carried 5-0, to approve the Allocations Approved recommended allocations for CDBG and the HOME Investment Partnership funding allocations as recommended by the Public Service Subcommittee. Council Member Genis stated that she was uncomfortable with the amount of money being directed to REA Center since it is a leased facility. The City Manager responded that the funds were for American With Disability Act (ADA) improvements for the Downtown Community Center and for REA Center, and considerable discussion has ensued with the Housing and Urban Development (HUD) representative who believes that responsibility for the improvements lies not with the owner of the property, Newport -Mesa School District, but with the City. Council Member Hornbuckle explained that the Downtown Community Center, which serves low-income neighborhoods, requires serious rehabilitation, and funds will go towards its repair. Council Member Genis suggested reexamining the entire issue of REA Center. MOTION On motion by Council Member Hornbuckle, seconded by Council Resolution 95-30 Member Genis, and carried 5-0, Resolution 95-30, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING FISCAL YEAR 1995-96 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP ACT ENTITLEMENT FUNDS APPLICATION SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, was adopted. Mayor Erickson told Council Member Hornbuckle that he would like to be involved in the meetings with staff and YES to discuss the purchase of the Golden Timers Senior Citizen building. OLD BUSINESS The Deputy City Clerk presented from the meeting of December 19, Water Quality 1994, second reading and adoption of Ordinance 94-19, pertaining to water quality. MOTION On motion by Council Member Hornbuckle, seconded by Council Withdrawn Member Genis, and carried 5-0, this item was withdrawn, as recommended by staff. OLD BUSINESS The Deputy City Clerk presented an amendment to the Tennis Tennis Concessionaire Concessionaire Agreement which states that fees, gratuities, and Agreement commissions earned by tennis instructors who sublease tennis courts shall not be included in the term "gross receipts". The Community ,Services Director reviewed the Agenda Report dated April 10, 1995. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Amendment Approved 'Genis, and carried 5-0, the amendment was approved. 1 NEW BUSINESS The Deputy City Clerk presented a resolution concerning Measure A intervention in litigation challenging Measure A. The City Attorney explained- that this item is responsive to a request from Council Member Monahan, and summarized his Agenda Report dated March 31, 1995. He stated that at this time, litigation had not commenced; however, will take place some time at the end of April or in May. Council Member Monahan reported that 63 percent of Costa Mesa voters supported Measure A. He suggested going forward with the resolution; however, did not support committing financial assistance for the litigation at this time. MOTION/Direction A motion was made by Council Member Monahan, seconded by Given to Prepare Mayor Pro Tem Buffa, and carried 5-0, to instruct the City Attorney Resolution Supporting to redraft the proposed resolution for consideration at the May 1, Measure A Defense 1995, meeting, supporting defense of Measure A but not committing financial support. Council Member Genis objected to the term "at this time" which was previously incorporated into the motion, and later removed, suggesting that financial obligations may occur at some time in the future. She suggested that moral, not financial, support is in order. NEW BUSINESS The Deputy City Attorney presented a proposal to establish a Business Improvement Business Improvement District (BID). Communications were District received supporting formation of the BID from: Richard Shapiro, Partner in Triangle Square, 1870 Harbor Boulevard, Suite B-002, Costa Mesa; Mark Les, Managing General Partner of Mesa Verde Drive Plaza, 1525 Mesa Verde Drive East, No. 209, Costa Mesa; Gary Gray, President of Orange Coast Auto Group, 2524 Harbor Boulevard, Costa Mesa; Kandee Chavez, General Manager of the Marriott Residence Inn, 881 West Baker Street, Costa Mesa; Charles Knowlton, General Manager of Country Side Inn, 325 Bristol Street, Costa Mesa; and Dena Montiel, Marketing Director for Orange County Philharmonic Society, 8082 Business Center Drive, Suite 100, Irvine. The City Manager summarized the Agenda Report dated April 12, 1995. He recognized Irma Hernandez, Administrative Assistant, who prepared the report. Wayne Bodington, General Manager of The Westin South Coast Plaza Hotel, 686 Anton Boulevard, Costa Mesa, felt that the image of Costa Mesa should be improved, stating that the BID would promote Costa Mesa as a destination, and would advertise its unique image and varied attributes. Mr. Bodington suggested that the District include only those who wish to voluntarily participate. John Peiser, General Manager of the Holiday Inn Bristol Plaza Hotel, 3131 South Bristol Street, Costa Mesa, noted that no new business is coming into the area of the Holiday Inn, and occupancy has increased by competitively lowering rates. He commented that businesses need help to compete with neighboring cities. MOTION/Boundaries A motion was made by Council Member Hornbuckle, seconded by Selected; Staff Council Member Monahan, and carried 5-0, to select the entire city Directed to Advertise as the assessment district boundaries for the scope of the Business Improvement District, and directed staff to advertise for the BID Advisory Board. Council Member Genis clarified that the BID would not force any individual hotel or motel to participate. NEW BUSINESS The Deputy City Clerk presented notification by Newport -Mesa Bear Street School Unified School District of surplus declaration for Bear Street School. The City Manager reviewed the Agenda Report dated April. 13, 1995. Mayor Erickson reported that he had met with the President of the Newport -Mesa Unified School District Board in reference to the letter from the District on this subject, and was told that the letter had probably been sent in error. Council Member Iiornbuckle referenced Education Code Section 39396, Page 485, Subparagraph (b), which indicates that if a portion of the school site is offered for sale at fair market value, the school district must offer an equivalent size alternative portion of that site for school playground, playing field, or other recreational and open space purposes, and suggested pursuing this option. Mayor Erickson asked that a letter be forwarded to the Newport - Mesa Unified School District as follow-up. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Authorized Letter Hornbuckle, and carried 5-0, the Mayor was authorized to forward to School District a letter to Carolyn B. Stocker, Executive Director, Business Services and Auxiliary Operations for the Newport -Mesa Unified School District, author of the District's letter, with a copy to the School Board President, requesting clarification of their immediate needs for an additional school site and the details of how they are actively seeking to acquire such school site, requesting that they address the aforementioned code section on open space, and directing City staff to also address the code section. NEW BUSINESS The Deputy City Clerk presented a request to make appointments to Newport Boulevard the Newport Boulevard Study Committee. Mayor Erickson reported Study Committee that many applications and resumes had been received from property owners, business owners, and neighboring residents. MOTION A motion was made Council Member Hornbuckle, seconded by Appointed Ursini, Council Member Genis, and carried 5-0, to make the following Culbertson, Somers, appointments to the committee: John Ursini and Regina McMillan Penjoyan, Jenson, Culbertson representing business owners; Lawrence Somers and Vinson, and Steinfeld Richard Penjoyan representing property owners; M. Katherine Jenson and James Vinson selected as residents representing the area; and Tom Steinfeld selected as the at -large member. Mayor Erickson asked the City Manager to forward letters to all the applicants thanking them for their interest. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT Government Code Sections 54956.9(b)(1) and 54956.9(c) to discuss Request for Closed the following items: Consider whether to initiate litigation regarding Session: Miner Street public nuisance at 2167 Miner Street; and settlement of claims from Nuisance; and Claims Isabel Estrada, Juana Barajas, and Aegis Security Insurance from Estrada, Company. Mayor Erickson announced that closed session would be Barajas, and Aegis held at the conclusion of regular business. COUNCIL Council Member Genis wondered if the County of Orange invested COMMENTS/County Federal funds in the Treasurer's Pool since it had been mentioned Treasurer's Pool earlier in the meeting that several CDBG applicants would not be receiving County funding this year. She suggested asking the Federal representative to investigate the whereabouts of these funds which might have been directed to the community. She announced Neighbors -for- that on April 22, 1995, 8:30 a.m., the fourth annual Neighbors -for - Neighbors Program Neighbors program would be held, -including a cleanup at Canyon Park; a neighbor -hood cleanup in the Joann Street/Maple Street area, also starting at 8:30 a.m., followed by a get-together in the park. 1 y ABLE Program Council Member Hornbuckle asked the City Manager to prepare a report on the Airborne Law Enforcement (ABLE) program prior to the budget hearings. She mentioned that when the program was instituted, it was projected that there would be a cost savings over a period of time. She was interested in ascertaining if this had occurred. Neighbors -for- Mayor Pro Tem Buffa reported that parking and shuttle service to Neighbors Shuttle the Neighbors -for -Neighbors cleanup will be available from Harbor Christian Fellowship Church, 740 West Wilson Street, and from Baker. and Gisler Whittier Elementary School, 1800 Whittier Avenue. He asked the Street Repair Public Services Director for a schedule of the completion of street repairs, especially Baker Street and Gisler Avenue, at the completion of the Orange County Water District and Sanitary District projects, stating that a schedule and completion dates had been received but they did not indicate if the streets would be in tact at that time. E. I. Moore Award Mayor Erickson congratulated School District winners of the E. I. Moore Award for academic achievement and community involve- ment, and announced that the presentation would be held on April Santa Ana Army Air 22, 1995. He disclosed that veterans of the Santa Ana Army Air Base Reunion Base would hold their annual reunion, also on April 22. The Mayor stated that he met with the Mayor of Newport Beach to discuss Joint Meeting with holding a joint meeting, possibly in May or June, with the Newport Newport Beach Beach City Council and the Newport -Mesa Unified School District Council and School to review School District properties which may be declared surplus, District as well as cost savings issues such as the ABLE Program. The City Manager stated that he would be meeting with the Newport Beach City Manager on April. 18, 1995, to review the list of items which the two Mayors had discussed. ADJOURNMENT TO At 11:00 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 11:15 p.m., and the action RECONVENED taken during closed session was announced. MOTION/Authorized Regarding a public nuisance at 2167 Miner Street, by a vote of 5-0, Litigation for 2167 Council authorized the City Attorney to initiate litigation in Miner Street" accordance with the Deputy City Attorney's confidential memorandum dated April 4, 1995. MOTION/Authorized Regarding the claims from Isabel Estrada, Juana Barajas, and Aegis Settlement in Security Insurance Company, by a vote of 5-0, Council authorized Estrada, Barajas, the City Attorney to settle in accordance with the Risk Manager's and Aegis Claims confidential memorandum dated April 6, 1995. ADJOURNMENT The Mayor declared the meeting adjourned at 11:20 p.m. Maq of the City of Costa Mesa "ATTEST: - _— DenCitlerk of the City of Costa Mesa