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HomeMy WebLinkAbout06/05/1995 - City CouncilF ..3296 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 5, 1995 The City Council of the City of Costa Mesa, California, met in regular session June 5, 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 Council Member Monahan, and invocation by the Reverend Ken Dutro, Newport -Mesa Christian Center. 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 Redevelopment and Housing Manager Muriel Berman Lieutenant Alan Kent Senior Planner Alice Angus Administrative Assistant Irma Hernandez _Deputy City Clerk Mary Elliott MINUTES On motion by P,,.Iayor Pt*o-C---,in Bu' fa, seconded by Council Member April 12 and Monahan, and 'c..TMied==5--0; `'fhe minutes of the special joint City May 15, 1995 Council/Redevelopment Agency ineeting of April 12, 1995, and the regular inedting cf May 15, ::99.5, were approved as distributed. ORDINANCES AND A motion was made- by Council Member Hornbuckle, seconded by RESOLUTIONS Mayor Pro Tem Buffa, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Marleen Wright, 334 Tours Lane, Costa Mesa, representing the Newport -Mesa Newport -Mesa Alternative Education Center, 390 Monte Vista Alternative Education Avenue, Costa Mesa, reported that several students from schools Center Report throughout the Newport -Mesa School District, as well as herself, were honored at the Les Miller Outstanding Student's Award breakfast held at the Red Lion Hotel on May 19; the Alternative Education Center will be moved to a new location by fall, 1996; on April 29, the staff and students held a stage/talent show fund-raiser with "Traditions" as the theme;' Marian Bergeson is the honorary chairperson for the Lucky Ducky Water Wipeout contest which will be launched on June 24 at the Balboa Bay Club; 115 senior students, 24 of which will receive scholarships, will graduate Wednesday, June 21, at 10:00 a.m., with a reception following, and Katherine Price is the class valedictorian. PRESENTATION Tony Petros, 2135 his Place, Costa Mesa, Executive Vice President "Environmental of Governmental Affairs, Costa Mesa Chamber of Commerce, Achievement Award" bestowed an "Environmental Achievement Award" on the City in recognition of exemplary environmental efforts associated with the Neighbors -to -Neighbors Program at Canyon Park and JoAnn and Maple Streets. He presented the award to Mayor Erickson. ORAL COMMUNI- Will King, Post Office Box 2795, Costa Mesa, referred to the CATIONS Brown Act in relation to the three-minute time allowance for King Comments speakers under Oral Communications. The City Attorney explained that the three-minute time limit has been found to be acceptable. Mr. King defended the actions of Costa Mesa resident Sid Soffer. 19th Street Bridge Robert Graham, 3252 Dakota Avenue, Costa Mesa, commented that the 19th Street bridge would aid traffic flow in downtown Costa Mesa. Mayor Erickson felt that the bridge could cause great harm to the community;:,and explained that the City is attempting to remove it from the County's Master Plan of Arterial Highways, currently handled by the Orange County Transportation Authority (OCTA). Mesa Consolidated Heather Somers, 427 East 17th Street, Costa Mesa, President of the Water District Eastside Homeowners Association, gave an update on the situation involving the Mesa Consolidated Water District, reporting that a proposed water rate increase encompassed administrative costs and surcharges. She commented that Costa Mesa citizens will be paying the highest water rate in Orange County; the Water District Manager's salary exceeds that of the governor of this state; and questioned the investment corporation which is built into the District for the sale of lease payment bonds. She suggested that the District be run by the City or privatized. Mayor Erickson responded that the City Manager will be preparing information on consolidating the Water District with the City. City Ordinances John Kinley, 3016 Royal Palm . Drive, Costa Mesa, suggested limiting the number of ordinances adopted by Council, and asked about the status of the shopping cart ordinance. The City Manager explained that the City is in the process of streamlining the Municipal Code. He noted that the City is proceeding with enforcement of the shopping cart ordinance, and will coordinate with the Southern California Association of Grocers. United Methodist Dorothy Adams, 220 Amherst Road, Costa Mesa, asked if the First Church Free Meal United Methodist Church of Costa Mesa, 420 West 19th Street, was Program required to obtain a permit to furnish free meals, which are served on a regular basis from 2:00 to 4:00 p.m., Monday through Friday. She asked Council to investigate this matter. The Deputy City Manager responded that the soup kitchen is considered a use of the church, and would not require a permit. Mayor Erickson reminded Will King that any intentional delay or disruption of the meeting would not be tolerated; and since Mr. King ignored this advice, he was escorted from the Council Chambers. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 3, Annual recycling permit fee; and Item 13, I-405/Bristol Street Interchange Improvements. MOTION/Approved On motion by Mayor Pro Tem Buffa, seconded by Council Member Except Items 3 and Hornbuckle, and carried 5-0, the remaining Consent Calendar items 13 were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Donald Dugan; Gregory and Brian Johnson; Marina Sassounian; Alton McArthur; Mercury Insurance Company; Hildeguard Provence; Richard and Sterling Robertson; Steve Stafford; and Michael Weidig. Alcoholic Beverage Alcoholic Beverage License for which parking has been approved License by the Planning staff. Elizalde, Rodriguez, and Sandoval, doing business as Super Antojitos 4, 2949 Fairview Avenue. Public Utilities Public Utilities Commission: Commission Southern California Gas Company Application No. 95-05-021, requesting an increase in the rate of return from 9.67 to 9.90 percent, to attract capital at reasonable rates and compensate the utility for increased business and financial risks. Southern California Edison Company Application No. 95-05-023, requesting authority to maintain their current return on common equity at 12.1 percent in 1996; and to increase the amount of equity in their capital structure to 48 percent from the current authorized level of 47.75 percent. SET FOR PUBLIC HEARING/Budget The City Budget for fiscal year 1995-1996 was set for public hearing Hearing Set for on June 19, 1995, at 6:30 p.m., in the Council Chambers of City June 19, 1995 Hall. WARRANTS Warrant Resolution 1598, funding City operating expenses in the Approved Warrant amount of $1,199,714.46; and Payroll 9509 for $1,260,086.61, were 1598; Payroll 9509 approved. Approved Warrant Warrant Resolution 1599, funding City operating expenses in the 1599; Payroll 9510 amount of $968,464.11; and Payroll 9510 for $1,226,273.17, were approved. REJECTED CLAIMS The following claims were rejected: Finocchio Kenneth Finocchio (vehicle damaged by pothole). Lloyd Laurie Lou Lloyd (vehicle tow reimbursement). Lopez Daniel Lopez (vehicle window tint removal). ADMINISTRATIVE Bids received for Pavement Rehabilitation on Continental Avenue ACTIONS/Awarded (from Senate Street to Wilson Street); and on Senate Street (from Pavement Rehabili- Republic Avenue to Continental Avenue), Project No. 95-05, are on tation, Project No. file in the City Clerk's office. The contract was awarded to R. J. 95-05, to R.J. Noble Noble Company, 15505 East Lincoln Avenue, Orange, for $191,755.20. Awarded Bus Turn- Bids received for Bus Turnout Construction on Harbor Boulevard nouts, Project No. and on Fair Drive, Project No. 95-06, are on file in the City Clerk's 95-06, to West Coast office. The contract was awarded to West Coast Construction, 3621 Construction Morning Star Lane, Norco, for $104,341.60. Adopted Resolution ,Resolution 95-41, A RESOLUTION OF THE CITY COUNCIL OF 95-41, Measure M THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING Eligibility THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF COSTA MESA, was adopted, requalifying the City for 299 the Orange County Combined Transportation Funding Programs (Measure M eligibility). Awarded Soccer Field Bids received for Soccer Field Lighting at TeWinkle Intermediate Lighting at TeWinkle School, are on file in the City Clerk's office. The contract was School to Building awarded to Building Energy Consultants, 1320 West Tefft Street, Energy Consultants Nipomo, for -$86,400.00. Accepted Donation for Tree Planting at Canyon Park Approved Agreement D95-034 with County for Traffic Signal Maintenance Camco Construction Performance Bond Exonerated A $630.00 donation from Judy Hubbard for tree planting and installation of a memorial plaque at Canyon Park, was accepted pursuant to Municipal Code Section 12-56(c). Agreement No. D95-034 with the County of Orange for joint maintenance of the . traffic signal at Mesa Drive and Santa Ana Avenue, was approved; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. The Faithful Performance Bond for Camco Construction Company, 20250 Acacia Street, Suite 200, Newport Beach, for construction of the Costa Mesa Senior Center, was ordered exonerated. Accepted Work by Police and Communications Facility Carpeting Replacement at 99 Paul Singer for and 79 Fair Drive was completed to the satisfaction of the Public Carpet Replacement Services Director on May 12, 1995, by Paul Singer Floor at Police and Coverings, 151 Kalmus Drive, Suite M-5, Costa Mesa. The work Communications was accepted; the Deputy City Clerk was authorized to file a Notice Facilities, Project of Completion; authorization was given to release retention funds 35 No. 95-02 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Accepted Work by Sidewalks, Curbs, Gutters, Cross Gutters, Wheelchair Ramps, Lambaren Contractors Driveway Approaches, and Tree Removal at Various Locations for Sidewalks, Curbs, Citywide (Phase I), Project No. 94-14, was completed to the and Gutters at satisfaction of the Public Services Director on May 19, 1995, by Various Locations, Lambaren Contractors, Inc., 23200 Olive Avenue, Lake Forest. Project No. 94-14 The work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Annual Recycling Item 3 on the Consent Calendar was presented: Setting a public Permit Fee hearing for the annual recycling permit fee. The Public Services Director asked that this item be withdrawn in order to develop further guidelines in conjunction with the recycling and solid waste MOTION communities, prior to setting the hearing. On motion by Mayor Pro Withdrawn Tem Buffa, seconded by Council Member Hornbuckle, and carried 5-0, the item was withdrawn. I-405/Bristol Street Item. 13 on the Consent Calendar was presented: I-405/Bristol Street Improvements Interchange Improvements: a resolution approving execution of State Service Agreement No. 12LA168 to the Master Agreement with the State Department of Transportation. Council Member Genis pointed out that the date in the second line of Page one of the MOTION resolution should be changed from June 19 to June 5, 1995. On Adopted Resolution motion by Mayor Pro Tem Buffa, seconded by Council Member 95-42 Authorizing Genis, and carried 5-0, Resolution 95-42, A RESOLUTION OF Execution of Agree- THE CITY COUNCIL OF THE CITY OF COSTA MESA, ment No. 12LA168; CALIFORNIA, APPROVING AND AUTHORIZING EXECU- Agreement Approved TION OF STATE SERVICE AGREEMENT NO. 12LA168 TO THE MASTER AGREEMENT BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF COSTA MESA, was adopted, with the inclusion of the above modification; and Service Agreement No. 12LA168 with the State Department of Transportation was approved, and the Public Services Director was authorized to sign on behalf of the City. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Multi -Family from the meeting of May 15, 1995, to consider an ordinance Residential Projects amending Sections 13-136, 13-148, 13-252, and 13-529 of Title 13 of the Costa Mesa Municipal Code regarding voluntary redevelop- ment of nonconforming multi -family residential projects; and from the meeting of May 15, 1995, dissolution of the Multi -Family Residential Rebuilding Incentives Committee. A communication was received from Wilford D. Gower, Jr., President of Apartment Association ' of Orange County, 12822 Garden Grove Boulevard, Suite D, Garden Grove, supporting the ordinance. The Senior Planner reviewed the Agenda Report dated May 26, 1995. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Council Ordinance 95-6 Member Genis, and carried 5-0, Ordinance 95-6, AN ORDINANCE Given First Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 13-136, 13-148, 13-252, AND 13-259 OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING VOLUNTARY REDEVELOPMENT OF NONCONFORMING MULTI -FAMILY RESIDENTIAL PROJECTS, amending the second sentence of the last paragraph on Page 2 to read, "...given to the provision of...", was given first reading and passed to second reading. MOTION On motion by Council Member Hornbuckle, seconded by Council Committee Disbanded Member Genis, and carried 5-0, the Multi -Family Residential Rebuilding Incentives Committee was disbanded. Richard Sewell, 136 Rochester Street, Costa Mesa, expressed appreciation for the opportunities to rebuild. He complimented the City for accomplishing the resurfacing of streets in the downtown eastside area. Mayor Erickson thanked Mr. Sewell, for his participation and efforts on the committee. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Appeal of PA -95-27, set for the public hearing to consider an appeal of Planning Action Glass/Gall/ PA -95-27 (which concluded in a 2-2 tie vote by the Planning Christensen Commission), from Gordon Harvin Glass Architect, 2024 Avenida Chico, Newport Beach, authorized agent for Thom Gall and Suzie Christensen, 499 Magnolia Street, Costa Mesa, for a Conditional Use Permit to allow construction of two garages totalling 1,850 square feet (700 square feet permitted) in conjunction with construc- tion of a new, two-story, single-family residence containing approximately 3,900 square feet, located at 499 Magnolia Street in an R1 zone. Environmental Determination: Exempt. The Affidavits of Mailing and Publishing are on file in the City Clerk's office. A petition containing 24 signatures was received opposing the project; and communications opposing the project were received from the following Costa Mesa residents: Susan J. Sampson, 487 Magnolia Street (two letters); Juanita Walshe, 481 Magnolia Street; Jacqueline and Lucien Duigou, 480 Magnolia Street; Barbara Beck Jencks, 443 Flower Street; Lance Jencks, 443 Flower Street; Jack and Corinne Heiser, 458 East 18th Street; James Palmer, 495 East 1 18th Street; Doris Chafe, 453 Flower Street; Judy Meade, 467 Broadway; John and Colleen Councilman, 412 East 18th Street; and Jay and Barbara Buchanan, owner of property at 493 Magnolia Street. Mayor Erickson stated that due to the proximity of his home to the subject property, he would abstain from voting on this item, and asked the Mayor Pro Tem to conduct the hearing. The Deputy City Manager/Development Services reviewed the Agenda Report dated May 17, 1995, and showed transparencies illustrating the proposed construction. Jacqueline Gillis, 448 Magnolia Street, Costa Mesa, representing residents on Broadway, and Magnolia, 18th, 19th, and Flower Streets, opposed the request stating that the proposed construction would not be consistent with the integrity of this R1 neighborhood. She feared that approval would set a precedent, and open the door for multiple units to be built in the area. Scott Brownell, 471 ' Magnolia Street, Costa Mesa, reported that he had been denied a permit to construct an additional two -car garage at his residence due to the lack of extenuating circumstances, and did not believe the applicant presented a "hardship" which would justify the variance. As an architect, he stated that this house was not designed as a single-family residence, and suggested the intent was to exceed the allowable occupancy. Gordon Glass, the applicant's representative, stated that the garage was the problem area, explaining that the house was scaled down to conform with the neighborhood. He reported that the purpose of the garage is to enclose the applicant's recreational vehicles for security and aesthetic purposes; and that the proposed toilet and laundry sink in the garage area raised the most objections from the neighbors. There being no other speakers, the Mayor Pro Tem closed the public hearing. Council Member Genis suggested reviewing the Municipal Code's open space requirements regarding allowable interior open space. MOTION A motion was made by Council Member Genis, seconded by Resolution 95-43 Council Member Hornbuckle, and carried 3-1, Council Member Adopted Denying Monahan voting no, Mayor Erickson abstaining, to adopt Resolution PA -95-27 95-43, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DENYING PLAN- NING ACTION PA -95-27, thereby permitting a 700 -square -foot garage, based on the fact that there are no significant unusual circumstances, the character of the neighborhood would be significantly changed, and it would be totally out -of -scale with the surrounding neighborhood. PUBLIC HEARING The Deputy City Clerk announced. that this was the time and place Business Improve- set for the public hearing to consider a resolution declaring the ment District intention to establish a Business Improvement Area for City of Costa Mesa hotels and motels, which includes confirmation of the Business Improvement District Advisory Board appointments; finalization of the Business Improvement District; and approval of the.Business Improvement District assessment budget. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Administrative Assistant summarized the Agenda Report dated May 30, 1995. There being no speakers, the Mayor closed the public hearing. MOTION/Resolution On motion by Council Member Genis, seconded by Council Member 95-44 Adopted, Hornbuckle, and carried 5-0, Resolution 95-44, A RESOLUTION Setting a Hearing OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, on June 19, 1995 CALIFORNIA, ON THE INTENTION TO ESTABLISH A BUSINESS IMPROVEMENT AREA FOR CITY OF COSTA MESA HOTELS AND MOTELS, was adopted, setting a public hearing on June 19, 1995, at 6:30 p.m., in the Council Chambers of City Hall. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Advertising Balloons set for the public hearing to consider an ordinance limiting the size and height of inflatables (advertising balloons). The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager/Development Services summarized the Agenda Report dated May 17, 1995. Heather Somers, 427 East 17th Street, Costa Mesa, considered inflatable balloons offensive, and did not believe that they lend credence or value to any operation. There being no other speakers, the Mayor closed the public hearing. Council Member Hornbuckle preferred eliminating the inflatables, or at least restricting them to less than 75 feet in height. Motion to Give First A motion was made by Mayor Pro Tem Buffa to give first reading Reading Died for to the ordinance, as presented, which limits the size and height of Lack of a Second inflatables. The motion died for lack of a second. MOTION A motion was made by Council Member Hornbuckle, seconded by Ordinance 95-7 Council Member Monahan, and carried 3-2, Council Members Buffa Given First Reading and Genis voting no, to give first reading to Ordinance 95-7, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 1 OF CHAPTER VI OF TITLE 5 OF THE COSTA MESA MUNICIPAL CODE TO LIMIT THE SIZE AND HEIGHT OF INFLATABLES (ADVERTISING BALLOONS), stipulating on Page 1, Section 2 (10), Line 3 ...... any object, in excess of twenty-four (24) inches in diameter, is prohibited", deleting the subsequent underlined sentence; deleting the underlined sentence in Section 3(4); and eliminating balloons in excess of 24 inches in diameter from Subsection 5-121(d)(1). The City Attorney clarified that if, upon rewrite, the ordinance is substantially different from that which was just approved, it may be necessary to return the revised document for first reading. Council Member Genis did not support the motion, commenting that the strings on the small balloons look junky. Mayor Pro Tem Buffa opposed the motion because he thought that balloons could be done with taste. OLD BUSINESS The Deputy City Clerk presented an application for rehearing of Application for Planning Action PA -95-23, from Nancy Clark, 233 East Coast Rehearing of Highway, Suite D; Corona del Mar, authorized agent for Michael PA -95-23, Clark/ Cherney, 20951 Brookhurst Street, Huntington Beach, for a Cherney Conditional Use Permit (CUP) for a residential facility for adult men and women in an existing apartment building, and a variance from parking requirements, located at 1110 Victoria Street in an R2 zone. Environmental Determination: Exempt. Communications opposed to the rehearing were received from: Shirley Redmon, 2127 1 Republic Street, Costa Mesa; and Ann Small, 2135 Republic Avenue; Costa Mesa. Communications supporting the rehearing were received from Michael Beecher, Judge of the Municipal Court, West Orange County Judicial District, 8141 13th Street, Westminster; and Chantal Lange, Assistant Manager, Charlton Hair International, 7 Corporate Park Drive, Suite 100, Irvine. The Deputy City Manager reviewed the Agenda Report dated May 26, 1995. Nancy Clark, 1110 Victoria Street, Costa Mesa, submitted petitions with an additional 150 signatures, and felt that a rehearing should be granted because of additional information which could be presented at a future date. She commented that many people in the neighbor- hood were supportive, and that the recent Supreme Court decision regarding zoning laws being used to discriminate against recovering alcoholics was applicable to this situation. She agreed that the City should regulate drug 4nd alcohol recovery homes, and commented that her facility was the best of its type in the City. Cameron Quinn, 1860 Tahiti Drive, Costa Mesa, supported Ms. Clark and the facility, stating that she was a good person of fine character. He reported that the facility is well kept, the parking is sufficient, and the residents are working and contributing to society. Theresa Cervantes, 2700 Peterson Place, Costa Mesa, a previous participant in the recovery program and advisor at the facility, stated that the center allowed residents to learn a new way of life. Heather Somers,427 East 17th Street, Costa Mesa, President of the Eastside Homeowners Association, read a statement of opposition to the request for rehearing which pointed out that the facility had been operating for over a year without a State license or a Conditional Use Permit; the clients are at the facility as an alternative to jail; the parking spaces are not sufficient; and the rate of recidivism for this type of facility is 97 percent. The following Costa Mesa residents . spoke in support of the rehearing: Charles„Beuglet, 302 Ramona Place; Michael Whelan, 2205 Pacific Avenue; and Dave Riggle, General Manager of the Recovery Center, 1110 Victoria Street. Charles Robertson, 1885 Tahiti Drive, Costa Mesa, stated that no new evidence had been presented to support granting a rehearing. MOTION On motion by Council Member Monahan, seconded by Council Rehearing Granted Member Hornbuckle, and carried 5-0, the rehearing was granted based on the findings in Section 2-304 of the Costa Mesa Municipal Code. Council Member Genis supported the motion because of her concern regarding the Supreme Court - decision previously mentioned; however, she hoped that the information presented at the new hearing is not simply a repetition of material previously presented. She asked that contradictions in the applicant's previous testimony be resolved. Mayor Erickson supported the motion but expressed serious concern about the use, a commercial business operating in a residential zone. The Mayor announced that the public hearing will be held on Wednesday, July 5, 1995, at 6:30 p.m. OLD BUSINESS The Deputy City Clerk presented City Attorney's Report No. 95 - Parks and Use 46A regarding an ordinance amending Chapters I and III of Title 12 Regulations of the Costa Mesa Municipal Code pertaining to parks and recreation and the Parks, Recreation Facilities and Parkways Commission; and an ordinance amending Chapter II of Title 12 of the Costa Mesa Municipal Code pertaining to parks and use regulations. The City Attorney reviewed his report dated May 18, 1995. MOTION On motion by Council Member Hornbuckle, seconded by Council Ordinances Referred Member Genis, and carried 5-0, the ordinances were referred to the to Parks Commission Parks, Recreation Facilities and Parkways Commission for recommendation and findings. Council Member Genis suggested that a verbatim transcript of the minutes, wherein Council advised caution regarding some of the suggested language, be forwarded to the Parks Commission. Regarding skateboarding, the Community Services Director advised that three areas had been posted prohibiting skateboarding: City Hall; the Neighborhood Community Center; and the Senior Center. OLD BUSINESS The Deputy City Clerk presented citizen advisory committee Citizen Advisory appointments: Child Care Youth Services Committee; Human Committee Appoint- Relations Committee; Substance Abuse Committee; and Access ments Appeals Board. The Administrative Assistant summarized the Agenda Report dated May 30, 1995. MOTION/Appointed On motion by Mayor Erickson, seconded by Council Member Briese, Hanold, Hornbuckle, and carried 5-0, Barbara Briese, Kathleen Hanold, and Ashdown, Salazar, Catherine Ashdown were appointed members of the Child Care and Lawson Committee; and Zacarias Salazar and Christa J. Lawson were appointed alternates, for four-year terms expiring June 5, 1999, making a total of 11 members, including alternates. The Administrative Assistant confirmed that the Child Care Committee chairperson agreed with the committee's being downsized in order for committee goals to be met. MOTION/Appointed A motion was made by Council Member Genis, seconded by Rowden, Hicks, Council Member Hornbuckle, and carried 5-0, to appoint the Humphrey, McGlinn, following members to the Human Relations Committee with terms Guevara, Stewart, and expiring as indicated: Yvonne Rowden (June, 1999), Paul Hicks Kimmerle (June, 1998), Eleanore Humphrey (June, 1998), Karen McGlinn (June, 1999), Noe Guevara (June, 1999), and Harrie Stewart (June, 1999); and to appoint Robert Kimmerle (June, 1999) as an alternate member. MOTION/Appointed On motion by Council Member Monahan, seconded by Council Clark, Shaw, Member Hornbuckle, and carried 5-0, Nancy Clark was appointed Warrick, and a member of the Substance Abuse Committee; and Barry Shaw, Mangan Sally Warrick, and Charles Mangan, were appointed alternate members, for four-year terms expiring June, 1999. MOTION/Appointed On motion by Council Member Hornbuckle, seconded by Council Cathcart and Member Genis, and carried 5-0, Lori Cathcart and Jay Humphrey Humphrey were appointed alternate members of the Access Appeals Board, for four-year terms expiring June, 1999. OLD BUSINESS The Deputy City Clerk presented a status report on construction of Baker/Gisler Inter- "Baker/Gisler Interceptor", County Sanitation Districts of Orange ceptor Status Report County. The Public Services Director reviewed the Agenda Report dated May 30, 1995. Mayor Erickson stated for the record that he 1 and Mr. Blake Anderson from the Orange County Sanitation Districts met previously to discuss this item. Blake Anderson, Assistant General Manager of the Orange County Sanitation Districts, apologized to the City and its citizens for the long-term inconveniences of the sewer construction project over the last year. He gave an overview of the undertaking, stating that they had not been able to adequately limit the impact. He reported that the job is approximately 98 percent complete, and should be finished by mid -summer. He stated that they are attempting to conclude the work at Baker Street and Fairview Road prior to the opening of the Orange County Fair. He suggested calling the Director of Engineering, John Lender, or himself, at the 24-hour number 962- 2411, with any questions and/or complaints. He provided postcards, addressed to himself, for the same purpose; and mentioned that Jim Ferryman, who represents Costa Mesa on the Board of Directors for the Districts, may also be contacted with comments. He enumerated new projects scheduled to start in late 1996 or early 1997, and stated that his goal is to ensure that the contractors on these projects are accountable and responsive. Council Member Genis stated that she and her neighbors who reside in the area of this project have contacted County staff, and found the Engineering Department staff to be rude, abusive, and dishonest. She suggested the following precautions for future work: adequate watering to eliminate the dust problem; ample signage for street closures; adequate signage in the street before work commences, not two to three days prior; illuminate the use of streets for storage of construction vehicles; and lessen the impact on pedestrians caused by piles of dirt, the chemical toilet, and misplaced signs on the sidewalk. Dave Sperling, 3201 Delaware Place, Costa Mesa, narrated a video which illustrated problems in the construction area. He commented on the amount of the contractor's deposit, and the methods used to choose future contractors. Mayor Erickson asked the Public Services Director to forward copies of correspondence relating to the above matters to Mr. Sperling, Council, and the Sanitation District. Robert Graham, 3252 Dakota Avenue, Costa Mesa, showed photo- graphs taken approximately one year ago in the construction area, stating that the work being done is inferior and an insult to the residents in the area. The Public Services Director responded that City inspectors do oversee jobs relating to traffic control and other facets of construction. Blake Anderson commented that the barrier shown in the photographs will be fixed by the contractor. John Feeney, 1154 Dorset Lane, Costa Mesa, reported that he had contacted the Sanitation District, discovered that 90 -inch pipe is. being used, and asked if the taxpayer is being forced to subsidize infrastructure for future development. Mr. Anderson responded that the sewer line serves portions of Costa Mesa and Irvine, and is part of the master plan to bring additional sewage to the facilities in Fountain Valley, and to eliminate one pump station. RECESS The Mayor declared a recess at 8:55 p.m., and reconvened the meeting at 9:10 p.m. ANNOUNCEMENT The Mayor announced that a request had been granted to take New Business Item No. 4 regarding cable television as the next item for discussion. 305 NEW BUSINESS The Deputy City Clerk presented two resolutions regarding cable Cable Television Rate television rate review and franchise transfer. The City Attorney Review and Franchise reviewed his Report No. 95-50 dated June 1, 1995, regarding the Transfer cable television rate regulation and refund plan. Scott Field, Law Offices of Burke, Williams & Sorensen, 3200 Park Center Drive, Suite 750, Costa Mesa, provided a brief overview of the work accomplished in reviewing the cable television rates, stating that the rates were determined to be excessive, and a reduction will occur beginning July 15, 1995, retroactive to July, 1994. He explained that one of the resolutions provides for a refund plan, which will be submitted to the City Manager, outlining methods to be used to accomplish the rate reductions. He defined the Federal Communications Commission (FCC) regulation which governs the refund of monies to persons no longer subscribing to the service. Jeff Davis, Manager, Government Affairs, Copley/Colony Cable- vision, Inc., 575 Anton Boulevard, Suite 1000, Costa Mesa, concurred with the remarks of the previous speaker, and acknowledged that the proper rates have been derived. He addressed the turnover in cable customers, which is about 500 to 600 per month, and noted that providing refunds to that many people would be a significant undertaking. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Resolution 95-45 Tem Buffa, and carried 4-1, Council Member Genis voting no, Adopted; Cable Resolution 95-45, A RESOLUTION OF THE CITY COUNCIL OF Franchise Transfer THE CITY OF COSTA MESA, CALIFORNIA, REGARDING Resolution Continued CABLE TELEVISION RATES FOR THE BASIC SERVICE TIER to June 19, 1995 AND ASSOCIATED EQUIPMENT INSTALLATION OF COPLEY/COLONY CABLEVISION OF COSTA MESA, INC., was adopted; and a resolution approving the transfer of control of a cable television franchise from the Providence Journal Company to Continental Cablevision, Inc., was continued to the meeting of June 19, 1995. NEW BUSINESS The Deputy City Clerk presented a request from C. J. Segerstrom Susan Street Medians and Sons, 3315 Fairview Road, Costa Mesa, for a variance from Section 4.0 of the Development of Landscape Medians of the Streetscape and Median Development Guidelines, for construction of street medians on Susan Street. The Community Services Director reviewed the Agenda Report dated May 25, 1995. MOTION On motion by Council Member Genis, seconded by Mayor Pro Tem Medians Approved Buffa, and carried 5-0, the variance was approved. Council Member Hornbuclde was disappointed to find in the fiscal review of the project that the cost for turf maintenance is less than the cost to maintain her preference of ground cover and shrubbery (low water -use landscaping). NEW BUSINESS The Deputy City Clerk presented a resolution removing the existing Bucknell Road Permit permit parking on a portion of Bucknell Road, from addresses 272 Parking to 296. A communication was received from Samuel Wakeley, 2527 Loyola Road, Costa Mesa, along with a petition signed by 19 area residents, requesting that permit parking be implemented on Bucknell Road from Columbia Drive to Carnegie Avenue, and on every cul-de-sac from Bucknell Road to Fair Drive. The Public Services Director reviewed the Agenda Report dated May 19, 1995. 1 Sam Wakeley, 2527 Loyola Road, Costa Mesa, reported that the Pacific Amphitheater had precipitated parking problems in his neighborhood, and felt that the permit parking should be increased because of accelerated activity at the Amphitheater which is now owned by the Orange County Fairgrounds. Dan Hirschberg, 296 Bucknell Road, Costa Mesa, pointed out that although the parking restrictions were adopted in 1984, the signage has only been in place for approximately two years. He stated that additional signage which had not been authorized was posted up to 300 Bucknell Road; however, the residents wish to have the restrictions removed as there have not been parking problems on that portion of the street. Silas Kaneubbe, 263 Bucknell Road, Costa Mesa, supported retaining the permit parking to preserve the neighborhood. Mayor Erickson noted for*,the record that eight of the nine homeowners directly adjacent to the subject parking area have requested removal of the restrictions. MOTION On motion by Council Member Genis, seconded by Council Member Resolution 95-46 Hornbuckle, and carried 5-0, Resolution 95-46, A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REMOVING THE EXISTING PERMIT PARKING ON A PORTION OF BUCKNELL ROAD, was adopted. NEW BUSINESS The Deputy City Clerk presented an ordinance pertaining to Graffiti unlawful graffiti, and City Attorney's Report No. 95-45. The City Attorney reviewed the Agenda Report dated May 8, 1995, and his report dated April 26, 1995, reporting that effective January 1, 1995, new Government Code Sections 38772, 38773.2, and 38773.6 provide cities with additional 'authority to abate graffiti at the expense of the person causing the graffiti. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Ordinance 95-8 Hornbuckle, and carried 5-0, Ordinance 95-8, AN ORDINANCE Given First Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER VII -1/2 OF TITLE 11 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO UNLAWFUL GRAFFITI, was given first reading and passed to second reading. NEW BUSINESS The Deputy City Clerk presented short term and long term options Shalimar Drive/James for Shalimar Drive and James Street neighborhood improvements. Street Neighborhood The City Manager explained the intent of the proposals as set forth Improvements in the Agenda Report dated May 31, 1995. The Redevelopment and Housing Manager and Lieutenant Kent responded to questions from Council, and outlined the problems created by this neighborhood. The Lieutenant announced that a meeting will be held at the Westside Substation, 567 West.18th Street, with several Shalimar Drive property owners who are interested in forming an association and are volunteering to combine their resources to improve the area. Maria Alvarez, 775 Shalimar Drive, Costa Mesa, stated that Shalimar Drive families are working together through the teen center and the learning center, by cleaning up apartments, and participating in the Neighbors -for -Neighbor Program, to improve the atmosphere of the neighborhood; however, she expressed concern that some of the solutions proposed by the City were not appropriate at this time. soy Carm Gullo, 17220 Newhope Street, No. 224, Fountain Valley, representing four owners of Shalimar Drive properties, and the 16 families who tenant the property, reported that he has worked with the Costa Mesa Police Department to ensure public health and safety of the residents. He disagreed with the City's proposal to paint the curb red, and enumerated solutions developed prior to those shown in the Agenda Report: block Shalimar Drive from Placentia and Pomona Avenues at Wallace Avenue, allowing Police and Fire access with mobile barriers; block James Street at Wallace Avenue; make the alleys one-way between James Street and Shalimar Drive, bordered by Pomona and Wallace Avenues; and take legal action against those violating the laws. Leo Madueno, 687 West 18th Street, Apartment 7, Costa Mesa, wanted members of the community to be involved in the option evaluation process, and did not support the following proposals: painting the curb red; blocking the streets; and changing the street name. John LeVere, 695 Center Street, Costa Mesa, believed that drastic measures must be taken in order to support persons who are working to make the community safe. He reported on several crimes which he had personally witnessed. Raul Urquilla, 779 Shalimar Drive, Costa Mesa, thought that blocking the streets would cause problems, and stated that residents in the neighborhood were trying to develop an alternative plan. Phil Morello, 1715 Samar Drive, Costa Mesa, supported the proposal, suggesting that the changes be implemented in a two-tier approach. He noted that these are low-cost solutions which could be very effective; however, he expressed concern regarding fines possibly being imposed upon the landlords for vehicles that may be stored or towed away from in front of their property. Eva Marin, 1780 Placentia Avenue, Costa Mesa, read a poem written by her daughter after hearing about a shooting incident on Shalimar Drive. She commented that parents are tired of dealing with crime in the area. Lowell Williams, 419 South Redwood Drive, Anaheim, owner of 741 and 745 Shalimar Drive, felt that blocking the road would be effective, suggesting that a barrier be placed down the middle of Wallace Avenue across Shalimar Drive, essentially creating two one- way streets. Joe Acone, 2021-D Eastwood Street, Santa Ana, owner of property at 715 Shalimar Drive, stated that the problems stem from the drug dealers, and tenants are afraid to report crimes for fear of retribution. He did not support painting the curbs. Mayor Erickson reported that he had met with Mr. Acone to discuss this matter. Bill Turpit, 1772 Kenwood Place, Costa Mesa, pointed out that the hard work of trained, committed people, who have the resources, can make an impact on solving problems on a long-term basis in a cost-effective manner. He recommended that Council involve the residents who are committed in a substantive way by creating a Shalimar Action Council who would respond within 30 days with specific recommendations; that red -curbing not be utilized because it would be resented by the immediate residents; and that the City fully fund the Civic Center Barrio Corporation, through the 1 Community Development Block Grant program, for tenant education. Nadia Flores, 755 West 18th Street, Costa Mesa, an assistant at the teen center, did not believe the curb should be painted red because visitors at the center needed somewhere to park, nor did she feel that the streets should be blocked. Valerie Ayres, 1976 Pelican Place, Costa Mesa, spoke on a personal experience whereby blocking of a residential street prevented fire vehicles from entering. Paty Madueno, 687 West 18th Street, Costa Mesa, representing the organizing committee of St. Joaquim Catholic Church, challenged Council to work together to find a better strategy for a long-term solution. _xY Doug Ciralli, owner of 706 Shalimar Drive, reported that he is in the process of selling his properties because of the unsafe condition of the neighborhood. He asked if citations had been issued, and Mayor Erickson asked the Housing and Redevelopment Manager to provide Mr. Ciralli with a list of citations and property owner problems which have been supplied to other property owners. Juan de Jesus, 645 Cove Street, Costa Mesa, Principal of Whittier Elementary School, 1800 Whittier Avenue, Costa Mesa, thought that better communication would have brought more people out for this meeting. The City Manager explained that notices were sent to all property owners, and notices in English and Spanish were hand - delivered to residents in the neighborhood. Mr. de Jesus offered to include information in the school's weekly newsletter. He clarified that the existing school bus stops are located on Anaheim Avenue and Center Street, and one near Lions Park. Lieutenant Kent suggested holding property owners responsible for improvements such as rebuilding structures, repairing carports, and resurfacing alleys to allow for adequate parking when red -curbing is installed. He stated that residents in the area must participate in this effort in order to assist the Police Department and ensure success. He responded to questions from Council. MOTION A motion was made by Council Member Genis, seconded by Approved Level 1 Council Member Monahan, and carried 5-0, to approve Level 1 Enforcement Efforts Enforcement Efforts; to add in the "Police Department" section, "Deploy two (2) additional bike patrol officers on overtime pay -- Saturday and Sunday --ten (10) hours per day for six months ($20,800.00)"; to select cement bollards in lieu of K -Rail Barriers; and to initiate discussions with area residents and appropriate community associations. Mayor Erickson clarified that implementation of Option 1 will begin immediately, community groups will be included in discussions regarding final plans, and the offer from Mr. de Jesus to utilize the Whittier Elementary School newsletter for announcements will be accepted. RECESS The Mayor declared a recess at 11:00 p.m., and reconvened the meeting at 11:10 p.m. 10 NEW BUSINESS The Deputy City Clerk presented consideration of a moratorium Real Estate Sign against enforcement of real estate directional signs in the public Moratorium right-of-way, to . be effective through September 30, 1995. Communications were received from: Five real estate agents from Coldwell Banker, 1640 Adams Avenue, Costa Mesa; 16 real estate agents from Re/Max, 3951 South Plaza Drive, Suite 120, Santa Ana; and Donald Saltarelli, Century 21 Realty, 13751 Red Hill Avenue, Tustin, opposing prohibition of real estate signs in the public right- of-way; and from Dave Leighton, 1074 Redding Avenue, Costa Mesa, asking that another program be implemented for the realtors. The Deputy City Manager/Development Services reviewed the confidential Agenda Report dated May 26, 1995. , The City Attorney reported that placing a real estate sign in the road median violates a section of the Penal Code which would not be negated by a moratorium; and if real estate signs were allowed in the right-of-way, then all signs must be permitted. He suggested instituting a suspension on the fining system. A question and answer period ensued. Tom Sutro, 2956 Pemba Drive, Costa Mesa, stated that the use of directional signs in the parkway is essential in several areas of the City. He asked for amoratorium on enforcement of the sign ordi- nance and the fines involved until a program acceptable to all parties can be established by Council, staff, and the real estate community. Carey Ward, 126 East 19th Street, Costa Mesa, recommended that Council postpone enforcement until there is an opportunity to establish an ad hoc committee to deal with this transition. He felt that equal enforcement would be difficult. Bill Lupis, realtor with Coldwell Baker, 1640 Adams Avenue, Costa Mesa, believed that most realtors realize that open house signs should not be placed in the medians. He felt that most homeowners favored having directional signs used when their property is placed on the market. He commented that real estate agents from neighboring cities, being unaware of Costa Mesa's sign regulations, place their signs in the public rights-of-way. Mike Kerr, Westport Homes, Santa Ana, builder of homes on the east side of Costa Mesa, contended that current sign regulations are effectively putting the new -home sellers out of business. He proposed seeking a long-term solution by meeting with Council to determine a strategy which would be mutually beneficial. Mayor Erickson stated for the record that he was in receipt of Mr. Kerr's letter and photographs. Linda Hartman, Newport Beach, reported that her real estate signs had been picked up from the right-of-way in the College Park area. She commented that she pays for her signs, and that they are put up and taken down within a five- or six -hour period every day. She reported that nine out of ten buyers come to an open house because of the signs, not in response to any other form of advertising. Phil Morello, 1715 Samar Drive, Costa Mesa, stated that persons in his homeowners association do not approve of signs placed on telephone poles, and recommended limiting the number of times real estate signs can be posted. He suggested allowing citizens to remove signs which are not taken down in an expedient manner in order to assist with cleaning up the neighborhood. 1 LI Mike Talbot, Newport Beach, a developer in Costa Mesa for nine years, reported there had been a tremendous change in the real estate market, and 90 percent of traffic and sales is generated by signs. He suggested a compromise to the current sign regulations. Larry Weichman, 1175 Boise Way, Costa Mesa, stated that placing signs in medians at Fairview Road and Paularino Avenue creates a traffic hazard; however, there are other locations which require signage to be placed on City property, such as the intersection of Victoria Street and Placentia Avenue. He suggested limiting the hours for displaying garage sale signs, as well open house signs. John Feeney, 1154 Dorset Lane, Costa Mesa, reiterated that which the City Attorney had pointed out, that is, California State Penal Code Section 556 clarified that it is a misdemeanor to place signs in the public right-of-way. He stated that this is actually a public land - use issue, and requested that it be incorporated into the Municipal Code somewhere other than in the section relating to signs. The City Attorney emphasized that if enforcement of the ordinance is suspended, it must be for all signs, including political signs. MOTION/Continue A motion was made by Council Member Genis, seconded by Mayor with Existing Sign Erickson, to continue with the existing sign program and not initiate Program a moratorium. Council Member Genis commented on complaints she has received from citizens regarding signs, especially the inflatable teeshirt on 17th Street, banners, and signs in the public right-of-way. She stated that this is a property rather than a sign issue, and the rules regarding the placement of signs in the public right-of-way are in the public works section of the Municipal Code. She did not believe that private enterprise should be allowed to advertise on publicly owned property. Larry Weichman, 1175 Boise Way, Costa Mesa, as a point of clarification, agreed with the concept of instituting a $5.00 permit fee per sign placed on City property, and limiting the hours of placement. Mayor Pro Tem Buffa did. not support the motion as it is prohibitive to some of the City's most important businesses. He felt that the signs being placed on public property is a minor point. SUBSTITUTE A substitute motion was made by Council Member Monahan, MOTION seconded by Mayor Pro Tem Buffa, to suspend enforcement and Suspend Enforcement fines for 60 days, and directing staff, including the City Attorney's for 60 Days office, to develop options. SECOND SUBSTI- A second substitute motion was made by Council Member TUTE MOTION Hornbuckle, seconded by Mayor Pro Tem Buffa, and carried 4-1, Continued to Council Member Genis voting no, to refer this item to the study September 18, 1995 session of July 10, 1995, and continue the hearing to the Council meeting of September 18, 1995. John Feeney, 1154 Dorset Lane, Costa Mesa, asked if the sign: ordi7 nance regulations would be enforced. The City Attorney cIarifi that the ordinance is still in effect, and staff's decision will -_ determine the outcome. _ 312 CITY ATTORNEY'S The City Attorney presented the claim from Marjorie Marting, REPORT stating that the request for closed session was unnecessary, and that Marling Claim the Insurance Committee recommended settlement. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Settlement Authorized Monahan, and carried 5-0, settlement was authorized as outlined in the Risk Manager's confidential memorandum dated May 12, 1995. CITY MANAGER'S The City Manager presented the Preliminary City Budget for the REPORT 1995-1996 fiscal year. He stated that the budget is balanced, does 1995-1996 Budget not require tax increases nor rely on new taxes, and implements a number of goals and objectives which Council set forth for the community. He announced that a budget study session will be held on June 12, 1995, 2:00 p.m., in the fifth floor conference room; City Hall employees will be briefed on June 13, 1995, 9:00 a.m., in the Council Chambers; a community briefing will be held on June 15, 1995, 6:30 p.m., in the first floor conference room; and Council action will be taken at the meeting of June 19, 1995. COUNCIL COMMENTS Council Member Monahan thanked the Lion's Club for the Fish Fry Fish Fry held June 2, 3 and 4, 1995, which was very successful. Automobile Dealer Council Member Genis commented that action must be taken on Paging System automobile dealers' paging systems. She remarked that a letter was received from the Automobile Dealer's Association urging members to be considerate; however, it was not adhered to in her neighbor - Budget Approval hood. She suggested that a super majority vote be required for approval of budget amendments in conjunction with budget hearings and discussions. She addressed efforts undertaken regarding Government government restructuring, stating that she would appreciate hearing Restructuring any Council remarks regarding this subject, as well as public input. She mentioned that discussion has indicated a desire for less government regulation, as well as less government subsidization, and allowing the free market to work; and she would like Council to consider ending over -regulation and over -subsidization. Resolutions Process Council Member Hornbuckle reported that she serves on the Resolutions Committee, Orange County Division, League of California Cities, and that they are in the process of discussing the resolutions process, and asked for Council suggestions. Memorial Day Mayor Erickson thanked the Veterans of Foreign Wars, the National Service Rifle Association, the Boy Scouts, and other groups that participated in the Memorial Day Service at Harbor Lawn Cemetery. Council Member Hornbuckle reported that the veterans had a number of flags stolen from the memorial park which are -designated for certain veterans who have died in combat, and requested any information available regarding the incident. ADJOURNMENT The Mayor declared the meeting adjourned at 12:25 a.m.. Ma of the City of Costa Mesa ATTEST: - Deputy Ci Clerk of the City of Costa Mesa Ll