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HomeMy WebLinkAbout07/17/1995 - City CouncilW. REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 17, 1995 The City Council of the City of Costa Mesa, California, met in regular session July 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 Council Member Hornbuckle, and invocation by the Reverend Bruce Merrifield, Harbor Trinity Baptist Church. 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 Street Vendors Phil Morello, 1715 Samar Drive, Costa Mesa, introduced Eva Brush, the new Director of the Wallace Avenue Improvement Group (WAIG). He reported on complaints from the Wallace Avenue residents regarding noise from street vendors, weekend garage sales, abandoned shopping carts, and trash in the streets. He stated that WAIG has reviewed Santa Ana's ordinance regarding street vendors, Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Assistant Development Director/ Planning Manager Perry Valantine Police Chief Dave Snowden Finance Director Susan Temple Assistant Finance Director Marc Davis Deputy City Clerk Mary Elliott MINUTES Council Member Genis stated that even though she was not present June 19 and July 5, at the meeting of June 19, 1995, she reviewed the meeting on 1995 videotape and would participate in the vote. On motion by Mayor Pro Tem Buffa, seconded by Council Member Hornbuckle, and carried 5-0, the minutes of the regular meetings .of June 19 and July 5, 1995, were approved as distributed. ORDINANCES AND A motion was made by Mayor Pro -Tem Buffa, seconded 'by Council RESOLUTIONS Member Genis, and carried 5-0, to fead- all- ord nanc__ s and resolutions by title only. ORAL COMMUNI- Liz Meyer, Vice President of Releaf Costa Mesa,-presented:`Council CATIONS with a check for $5,000.00 from- the _ Califo_ rnia,I)epartment of Releaf Costa Mesa Forestry which is reimbursement for tree`s planted- on Pomona Presentation Avenue, and Wilson, Meyer, and Joann Streets. She reported that memorial trees will be planted next year if grant funds are available. Mayor Erickson thanked Releaf Costa Mesa for its contributions to the City. Street Vendors Phil Morello, 1715 Samar Drive, Costa Mesa, introduced Eva Brush, the new Director of the Wallace Avenue Improvement Group (WAIG). He reported on complaints from the Wallace Avenue residents regarding noise from street vendors, weekend garage sales, abandoned shopping carts, and trash in the streets. He stated that WAIG has reviewed Santa Ana's ordinance regarding street vendors, and suggested that the City's existing ordinance be modified to include similar language in order to clarify the acceptable method of operating vending carts and vehicles. The City Manager mentioned that the City has received proposals for privatizing the shopping cart retrieval service, which will come before Council shortly with a recommendation; however, the City is getting very little cooperation from the California Grocers Association because they support legislation which would prohibit enforcement by the cities. Eva Brush, 2061 Wallace Avenue, No. D, Costa Mesa, resident manager of Haven Townhouse, and Director of WAIG, complained that street vendors ring their bells continuously as they traverse the neighborhood, and leave trash in the gutters. She stated that residents are moving from the area because of the noise and trash. The City Manager stated that staff will follow-up on enforcement of street vendors on Wallace Avenue and Joann Street, and review the City's ordinance pertaining to the noise. Mildred Nicholson, 2063 Republic Avenue, Costa Mesa, commented that street vendors are in the neighborhoods at all hours of the day and do not comply with the City's ordinance. In response to a question from Mayor Erickson, the City Attorney stated that a report will be presented to Council in two weeks addressing the street vendor regulations. Mesa Consolidated Nancy Palme, 1997 Kornat Drive, Costa Mesa, reported that Board Water District Members of the Mesa Consolidated Water District receive $128.00 per board meeting and $63.00 for each meeting they attend in the community. She asked Council to monitor the activities of the Water District. William Polder, 1628 White Oak Street, Costa Mesa, spoke about an issue which arose after the election in November, 1994, that is, whether one of the Water District Directors actually lives within the District he represents. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR 4, One-year extensions of lease agreements with tenants at Rea Community Center and Downtown Community Center. MOTION/Approved On motion by Mayor Pro Tem Buffa, seconded by Council Member Except Item 4 Hornbuckle, and carried 5-0, the remaining Consent Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Rudi Fernando Casillas; Henry J. Mannella; Eric W. Maxson; and Nancy Sabry Saleh and Sabry A. H. Saleh. Alcoholic Alcoholic Beverage License for which parking has been approved Beverage by the Planning staff: Ralphs Grocery Company, doing business License at 380 East 17th Street; and Rubio's Restaurant (Rubio's Fish Tacos), doing business at 1835 Newport Boulevard, Suite D156-158. Public Utilities Notice from Karmel Shuttle Service, Inc., 643 South Beach Commission Boulevard, La Habra, that an application has been filed with the Public Utilities Commission for authority to operate a shuttle service between points in Los Angeles and Orange counties. Notice from Southern California Gas Company that Application No. 95-06-043 has been filed with the Public Utilities Commission requesting an increase in rates of $106,364.00. WARRANTS Warrant Resolution 1602, funding City operating expenses in the Approved Warrant amount of $775,227.45; and Payroll 9513 for $1,236,677.62, were 1602; Payroll 9513 approved. REJECTED CLAIMS The following claims were rejected: Busby Julia Diane Busby (alleged false arrest). Dugan Donald Dugan (vehicle tow). Kuvet Steven Kuvet (vehicles damaged during sidewalk rehabilitation). McKeough Chad McKeough (bicyclist injured by vehicle at Anton Boulevard and Bristol Street). Provence Hildegard Provence (fence damaged during police foot pursuit). Weidig Michael Weidig (vehicle tow, storage, and disposal). Awarded Corporation Bids received for Corporation Yard Storm Drain and Paving, Project Yard Storm Drain, No. 95-08, are on file in the City Clerk's office. The contract was Project No. 95-08, to awarded to Sequel Contractors, Inc., 5052 Cecelia Street, South Sequel Contractors Gate, for $711,988.50. Approved License A license agreement with Steve Todd, 3406 Lantana Lane, Costa Agreement with Steve Mesa, to house a privately owned vacuum metal deposition Todd for Vacuum instrument for the purpose of providing latent fingerprint recovery Metal Deposition services at no cost to the City, was approved; and the Police Chief System was authorized to sign on behalf of the City. Approved Agreement A traffic impact fee deferral agreement with Vasilios Regas, with Vasilios Regas for property at 1476 Bristol Street was approved; and the for Traffic Impact Public Services Director was authorized to sign on behalf of Fee Deferral the City. ANNOUNCEMENT Mayor Erickson announced that Item No. 4 on the Consent Tenant Leases at Calendar, one-year extensions of lease agreements with tenants at Rea and Downtown Rea Community Center and Downtown Community Center, would Community Centers be discussed in conjunction with New Business No. 2. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Certificate of Public set for the public hearing to consider a Certificate of Public Convenience for Convenience and Necessity for Coast Yellow Cab, doing business as Coast Yellow Cab Yellow Cab of .Costa Mesa, 17300 Mt. Herrmann Street, Fountain Valley. All certificate holders were notified of the public hearing as required by the Municipal Code. No communications were received. .The Assistant Finance Director summarized the Agenda Report dated July 6, 1995. There being no speakers, the Mayor closed the public' hearing. MOTION On motion by Council Member Hornbuckle, seconded by Council Certificate Approved Member Genis, and carried 5-0, the certificate was approved subject to completion of vehicle safety inspections. 4 4 PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Certificate of Public set for the public hearing to consider a Certificate of Public Convenience for Convenience and Necessity for Diamond Cab Company, 6782 Diamond Cab Stanton Avenue, Suite A, Buena Park. All certificate holders were notified of the public hearing as required by the Municipal Code. No communications were received. The Assistant Finance Director summarized the Agenda Report dated July 6, 1995. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Council Certificate Approved Member Genis, and carried 5-0, the certificate was approved subject to completion of vehicle safety inspections. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Certificate of Public set for the public hearing to consider a Certificate of Public Convenience for Convenience and Necessity for Orange County Yellow Cab, Inc., Orange County doing business as Orange County Taxi, 23201 Del Lago Drive, Yellow Cab Laguna Hills. All certificate holders were notified of the public hearing as required by the Municipal Code. No communications were received. The Assistant Finance Director summarized the Agenda Report dated July 6, 1995. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Council Certificate Approved Member Genis, and carried 5-0, the certificate was approved subject to completion of vehicle safety inspections. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Appeal of PA -95-14, set for the public hearing to consider an appeal of the Planning First Step House Commission's decision for Planning Action PA -95-14, from Larry of Orange County W. Lamb, 7 Corporate Park, Suite 130, Irvine, representing First Step House of Orange County, 2025 Charle Street, for a variance from front setback requirements (10 feet required, 1 foot proposed), or a variance from parking requirements (7 spaces required, 6 spaces proposed), and from open space requirements (40 percent required, 20 percent proposed), to legalize the conversion of garages to an office and a meeting room (existing illegal laundry to be removed); with a Conditional Use Permit for Hamilton House, a sober living environment associated with First Step House, located at 2025 Charle Street, in an R2 zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. . Communications opposing the request were received from: Woodrow Lewis, 3740 Campus Drive, Suite 100, Newport Beach, owner of 12 properties in Costa Mesa; and Mike M. Yamin, 19762 MacArthur Boulevard, Suite 300, Irvine, owner of property on Charle Street. The Deputy City Manager/Development Services reviewed the Agenda Report dated June 30, 1995, and showed a transparency of the area. Carl Mosen, 335 Canal Street, Newport Beach, Vice President of the Board of Directors of First Step House, reported that the building has been completely remodeled; the garage has been converted into a meeting room; and parking is available in the driveway. He stated that parking is no longer a problem because parking spaces have been leased at the MarVac facility. Council Member Genis asked Mr. Mosen if he had any information to support findings for a variance. Mr. Mosen stated that there is no need for garage space at the facility; however, there is a need for a meeting room. C- 3,2 Dorothy Adams, 220 Amherst Road, Costa Mesa, mentioned that her neighbors have converted their garage into bedrooms, for which they obtained a City permit. It was her understanding that once a permit is issued for a conversion, the Planning Department no longer has control over the use of the space. The Planning Manager stated that the property to which Ms. Adams referred is a single-family home in an R1 zone, and the garage was legally converted in 1961 into a family room which was subsequently converted into bedrooms. He explained that family rooms and bedrooms have the same classification in .the R1 zone. Donald Nicholson, 2063 Republic Avenue, Costa Mesa, was opposed to allowing the variance. There being no other speakers, the Mayor closed the public hearing. Council Member Genis stated that the First Step House is a worthy operation; however, based on information received, she thought that it would be difficult to justify the granting of a variance. MOTION A motion was made by Council Member Genis, seconded by Adopted Resolution Council Member Monahan, and carried 4-1, Mayor Pro Tem Buffa 95-61 Approving a voting no, upholding the Planning Commission's decision to approve Portion of PA -95-14 the Conditional Use Permit and deny the variance by adopting Resolution 95-61, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING A PORTION OF PLANNING ACTION PA -95-14, subject to the following conditions: within 180 days, the applicant shall obtain necessary building and demolition permits; submit a landscape plan for the front setback area; remove the recreational vehicle; return the dumpster to the enclosure; have all legalization/demolition work completed; and have all landscaping reinstalled per the approved landscape plans. Mayor Pro Tem Buffa did not support the motion because he felt there was some justification for the parking variance. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Sign Regulations set for the public hearing to consider an ordinance repealing Chapter VI, Signs, from Title 5 of the Costa Mesa Municipal Code, and adopting amended sign regulations as Chapter XIV of Title 13 of the Costa Mesa Municipal Code. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Assistant Development Director/Planning Manager reviewed the Agenda Report dated July 10, 1995, and commended the Sign Ordinance Review Committee for their efforts. He showed transparencies illustrating current versus proposed sign regulations. During discussion, the Planning Manager and City Attorney answered questions from Council Member Genis regarding political signs. The Planning Manager gave Council a copy of a letter from Mr. Jeffrey M. Stern, Superior Electrical Advertising, 1700 West Anaheim Street, Long Beach, representing California Electric Sign Association, recommending that the formula for total allowable signage on a site be increased from 1-1/2 to 2-1/2 square feet. Donald Nicholson, 2063 Republic Avenue, Costa Mesa, wanted more regulation on signs illuminated by light bulbs, and opposed real estate signs in the public right-of-way. The Planning Manager reported that the current ordinance prohibits bare bulbs, but the proposed ordinance would allow nonflashing, nonblinking bare H j: 343 bulbs. Mayor Erickson announced that the real estate sign issue will be discussed at the Council meeting of September 18, 1995. Mildred Nicholson, 2063 Republic Avenue, Costa Mesa, felt that signs posted too low to the ground are a traffic hazard. She opposed inflatables. Randy Garell, President of The Grant Boys, 1750 Newport Boule- vard, Costa Mesa, and member of the Sign Ordinance Review Committee, commended the Planning Manager and staff for a job well done. He stated that it is not the intent of the merchants to increase the size of permanent signing; and mentioned that certain large inflatables will be eliminated. He urged Council to separate temporary and permanent signage. Kim Kasell, 3057 Yukon Avenue, Costa Mesa, member of the Sign Ordinance Review:: Committee, supported the idea of keeping temporary and permanent signage separate, so that businesses can determine how many signs are required. Ed Fawcett, Costa Mesa Chamber of Commerce, 1835 Newport Boulevard, Suite E-270, Costa Mesa, commented that the 40 percent freestanding sign area was proposed by the committee as a compromise figure, and the decision is at Council's discretion. John Feeney, 1154 Dorset Lane, Costa Mesa, member of the California Electric Sign Association and the Sign Ordinance Review Committee, opposed the 40 percent limitation for freestanding signs and the 1 -1/2 -square -foot formula for total sign area per site. He felt that a business should be allowed to make the decision on temporary or permanent signage without interference from a government agency. There being no other speakers, the Mayor closed the public hearing. Discussion ensued regarding the enforcement of temporary signs, banners, and permanent signage. Motion to Amend A motion was made by Mayor Pro Tem Buffa to increase the total Proposed Ordinance sign area using the factor of 2.5 square feet, rather than 1.5; to Died exclude temporary signs and banners from that allowable area; and to eliminate the 40 percent limitation on total allowable area for freestanding signs. The motion died for lack of a second. Second Motion to A motion was made by Council Member Genis to give first reading Amend Proposed to the proposed ordinance with exceptions: eliminate the 40 percent Ordinance Failed to limit and 120 -square -foot maximum for freestanding signs; eliminate Carry real estate signs since that issue has been scheduled for a later Council meeting; and use the formula of 1.5 square feet times the width, plus depth over 2 (or half the depth), adding to that an extra 100 square feet which would probably be that which a temporary sign would take. The motion was seconded by Mayor Pro Tem Buffa for discussion. He preferred having temporary signs and banners addressed separately at a later date. Council Member Hornbuckle suggested turning to Exhibit "C" of the Agenda Report • and having Council remove those items on which further discussion is required, similar to the method used for the Consent Calendar. After discussion, the motion failed to carry 3-2, Council Members Buffa, Hornbuckle, and Erickson voting no. �5 344 As previously recommended by Council Member Hornbuckle, Council Members removed those provisions of the ordinance (Exhibit "C") which they wanted to address in more detail: Page 1: Signs for churches, civic organizations; real estate signs (for sale); and directional real estate signs. Page 2: Temporary window signs; and temporary special event signing. Page 3: None. Page 4: Under Residential Zones - total sign area per site; neighborhood i.d.; complex i.d.; and non- residential uses. Page 5: Total sign area per site; and freestanding sign area. Page 6: Under Industrial Zones - total sign area per site; and freestanding sign number and area. MOTION On motion by Council Member Hornbuckle; seconded by Mayor Pro Ordinance 95-10 Tem Buffa, and carried 5-0, Ordinance 95-10, AN ORDINANCE Given First Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING CHAPTER VI, SIGNS, FROM TITLE 5 OF THE COSTA MESA MUNICIPAL CODE, AND ADOPTING AMENDED SIGN REGULATIONS AS CHAPTER XIV OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE, was given first reading by approving the remaining provisions shown in Exhibit "C", with the understanding that the actions to be taken on the items removed for discussion shall be incorporated into the ordinance. Page 1, Exhibit "C" MOTION/Designated A motion was made by Council Member Hornbuckle, seconded by Sizes for Freestanding Mayor Erickson, to approve freestanding signs of 15 to 30 square and Wall Signs for feet, and wall signs containing 15 square feet for churches and civic Churches, etc. organizations. SUBSTITUTE Council Member Genis made a substitute motion to allow combined MOTION/Approved signage of 30 to 45 square feet for freestanding and wall signs. The 30 to 45 Square Feet motion was seconded by Mayor Pro Tem Buffa, and carried 5-0. MOTION/Exempted A motion was made by Mayor Pro Tem Buffa, seconded by Council Real Estate Signs Member Genis, and carried 5-0, to exempt real estate signs (for sale) and directional real estate signs since these items will be considered at the meeting of September 18, 1995. Page 2, Exhibit "C" Motion to Approve A motion was made by Council Member Hornbuckle to approve Option 2 for Window Option 2 (10 percent of window area, 60 -day limit per sign, and no Signs Died permit required) for temporary window signs. The motion died for lack of a second. MOTION/Approved A motion was made by Council Member Genis, seconded by Mayor Option 1 Pro Tem Buffa, to approve Option 1 (included in total sign area, permit required). $ �Z 345 SUBSTITUTE Mayor Pro Tem Buffa made a substitute motion to approve Option MOTION/Deleted 1 but deleting the permit requirement. The motion was seconded by Permit Requirement Council Member Genis, and carried 4-1, Council Member from Option 1 Hornbuckle voting no. Motion to Approve Council Member Hornbuckle made a motion to approve Option 2 for Option 2 for Special temporary special event signage (50 percent of allowed permanent Event Signs Died sign area, no time limits, maintenance standards, permit required). The motion died for lack of a second. Motion to Approve A motion was made by Mayor Pro Tem Buffa to approve Option 1, Amended Option 1 temporary special event signage (included in total sign area, no time for Special Event limits, maintenance standards, permit required) except banners shall Signs Died not be included in total sign area, but are to be limited to 150 square feet with no time limits or permit requirement. The motion died for lack of a second. MOTION/Approved Council Member Monahan made a motion to approve Option 1, Option 1 as Amended temporary special event signage (included in total sign area, no time for Special Event limits, maintenance standards, and an annual permit required). The Signs motion was seconded by Council Member Genis, and carried 5-0. Page 4, Exhibit "C" MOTION/Approved On motion by Council Member Monahan, seconded by Council Option 1 for Resi- Member Genis, and carried 5-0, Option 1, total sign area per site in dential Total Sign residential zones (permanent plus temporary = 1.5 square feet per Area Per Site unit, minimum 25 square feet for four or more units), was approved. MOTION/Approved Council Member Hornbuckle made a motion to approve the Planning Planning Commission Commission's recommendations for Neighborhood i.d. (30 square Recommendations for feet, 7 feet high, staff approval) and Complex i.d. (1 square foot per Neighborhood I.D. unit, 30 square feet maximum). The motion was seconded by and Complex I.D. Mayor Erickson, and carried 3-2, Council Members Buffa and Monahan voting no. MOTION/Approved A motion was made by Council Member Hornbuckle, seconded by 30 to 40 Square Feet Council Member Genis, and carried 5-0, approving 30 to 45 square for Nonresidential feet combined signage for freestanding and wall signs for Uses nonresidential uses. Page 5, Exhibit "C" MOTION/Approved Council Member Genis made a motion to approve the formula of 1.5 Formula for Total square feet times the width, plus the depth over two (or one-half the Sign Area Per Site depth) for permanent and temporary total signage per site in for Permanent and commercial zones. The motion was seconded by Mayor Pro Tem Temporary Signs Buffa, and carried 5-0. MOTION/Eliminated A motion was made by Mayor Pro Tem Buffa, seconded by Council Percentage and Member Genis, to eliminate the 40 percent of total allowed sign area Maximum for Free- and 120 -square -foot maximum for freestanding signs in the standing Signs commercial zone. Ed Fawcett, Costa Mesa Chamber of Commerce, 1835 Newport Boulevard, Suite E-270, Costa Mesa, received clarification of the formula for total sign area per site. Responding to a question from Council Member Hornbuckle, the Planning Manager stated that freestanding signs must be 150 feet apart and cannot obstruct the visibility of a legal sign on an adjoining property. Council Member r:y Genis added that there is also a requirement that signs cannot impair visual access to driveways or side streets. The motion carried 3-2, Council Members Erickson and Hornbuckle voting no. ;Page 6, Exhibit "C" MOTION/Approved Mayor Pro Tem Buffa made a motion to approve the formula of 1.5 Formula for Total square feet times width, plus depth over two for total sign area per Sign Area in site in industrial zones. The motion was seconded by Council Industrial ZonesMember Genis, and carried 5-0. MOTION/Eliminated A motion was made by Mayor Pro Tem Buffa, seconded by Council Percentage and Member Genis, eliminating the 40 percent allowable sign area and Maximum for Free- 60 square feet maximum for freestanding signs. The motion carried standing Signs ;3-2, Council Members Erickson and Hornbuckle voting no. RECESS -The Mayor declared a recess at 8:40 p.m., and reconvened the meeting at 8:50 p.m. .Mayor Pro Tem Buffa announced that one element of the Sign Ordinance was forgotten, temporary signs and banners for businesses with nonconforming signs. MOTION/Restricted 'A motion was made by Mayor Pro Tem Buffa restricting temporary Total Sign Area for signs and banners to 100 square feet for businesses with Businesses with nonconforming signs: The motion was seconded by Council Nonconforming Signs Member Genis, and carried 4-1, Council Member Hornbuckle voting no. OLD BUSINESS The Deputy City Clerk presented from the meeting of June 19, Garage Sales 1995, a proposed ordinance limiting garage sales Citywide to four ;weekends a year (one each quarter), and limiting sales to used household items. A communication was received from Joan De Lozier, 1415 Seacrest Drive, Corona del Mar, suggesting that the existing ordinance be enforced and opposing the proposed ordinance. The Mayor announced, that communications were also received from William Polder, 1628 White Oak Street, Costa Mesa; and Eva M. Brush, 2061 Wallace Avenue, Costa Mesa. The Deputy City Manager/Development Services summarized the Agenda Report dated July 10, 1995. Don Williams, 265 Camellia Lane, Costa Mesa, supported four 'weekends a year as proposed by the ordinance. Phil Morello, 1715 Samar Drive, Costa Mesa, President of Wallace Avenue Improvement Group (WAIG), supported having garage sales twice a year, and suggested limiting the sales from 8:00 a.m. to 2:00 p.m. Nancy Palme, 1997 Kornat Drive, Costa Mesa, spoke on behalf of :Heather Somers, along with herself, in support of the proposed ordinance. Mrs. Palme suggested that the City inform residents of the regulations. Rodney Rosser, 305 Santa Isabel Avenue, Costa Mesa, supported enforcement of the existing ordinance. r 1 The Deputy City Manager reported that very few complaints have been received on garage sales; and since the Council meeting of June 19, 1995, staff has initiated weekend code enforcement. In response to a question from Council Member Monahan, the Deputy City Manager stated that two code enforcement officers work on alternate Saturdays; and recruitment of additional officers to work on Saturdays and Sundays to handle complaints on garage sales, signs, and parking lot sales will begin in the near future. Motion to Refer A motion was made by Council Member Monahan to refer the to the Planning proposed ordinance to the Planning Commission for recommenda- Commission Died tions. The motion was seconded by Mayor Erickson who expressed concern about residents operating garage sales as businesses. He offered a possible solution of designing a tracking system based on complaints, and requesting residents to contact code enforcement regarding those operating garage sales on a regular basis. After discussion, Mayor Erickson withdrew his second, and the motion died. Council Member Genis suggested exploring the City's ability to cite individuals who repeatedly operate a business without a license. Mayor Pro Tem Buffa opposed the motion because he felt the real problem is businesses being operated as garage sales. SUBSTITUTE Mayor Pro Tem Buffa made a substitute motion to refer this item to MOTION/Staff staff, directing them to bring back to Council a code enforcement Directed to Develop plan for businesses operating under the guise of garage sales. The a Code Enforcement motion was seconded by Council Member Genis. Council Member Plan Hornbuckle suggested adding a direction to staff to draft guidelines on garage sales for distribution to residents by code enforcement officers. Council Members Buffa and Genis agreed to the amendment, and the motion carried 4-1, Council Member Monahan voting no. OLD BUSINESS The Deputy City Clerk presented a request to increase the police Additional Police patrol by one officer per shift; and Budget Adjustment No. 96-03 for Personnel and Budget $535,000.00. The City Manager reviewed the Agenda Report dated Adjustment No. 96-03 July 10, 1995. Council Member Hornbuckle stated that it was her intent to support the recommendation because police visibility would be increased in the community. Mayor Erickson announced that the City's crime rate is down 11.3 percent from 1994. The Police Chief stated that the reduction in crime can be attributed to the combined efforts of the citizens of Costa Mesa, and the police and fire departments. The City Manager stated that appropriation monies will be monitored closely, and that the additional officers will be used where they are most needed, such as, motel and Shalimar Drive enforcement. Phil Morello, 1715 Samar Drive, Costa Mesa, asked if the City must wait until recruits finish their training, or could temporary police officers be hired. He also asked about salaries for recruits. Mayor Erickson responded that an recruits attending the academy are paid $14.75 an hour, but officers entering the department from another agency could start at various steps based on their experience. R MOTION A motion was made by Council Member Monahan, seconded by Additional Officers Mayor Pro Tem Buffa, and carried 5-0, to increase the police patrol Approved; Adjust- by one officer per shift; and to approve Budget Adjustment ment Approved No. 96-03 for $535,000.00. NEW BUSINESS The Deputy City Clerk presented City Attorney's Report No. 95-66, Disabled Access and an ordinance pertaining to the Building Code and disabled access Appeals and Enforce- appeals and enforcement. The City Attorney summarized his report ment dated July 11, 1995. Nancy Palme, 1997 Kornat Drive, Costa Mesa, Chairperson of the Access Appeals Board, stated that the Board members are pleased with Council's vote of confidence concerning the work which has been accomplished. MOTION On'motion by Council Member Hornbuckle, seconded by Council Ordinance 95-11 Member Genis, and carried 5-0, Ordinance 95-11, AN Given First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING SECTION 5-3 TO TITLE V OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO BUILDING CODE AND DISABLED ACCESS APPEALS AND ENFORCEMENT, was given first reading and passed to second reading. NEW BUSINESS The Deputy City Clerk presented the following: Termination of Lease A request from Council Member Monahan to consider terminating for Rea Center the lease with Newport -Mesa Unified School District for use of Rea Community Center. Tenant Leases at One-year extensions of lease agreements with tenants at Rea Rea and Downtown Community Center and Downtown Community Center. Community Centers The City Manager summarized the Agenda Report dated July 13, 1995. Council Member Monahan reported that discussions have taken place between the City and Housing and Urban Development (HUD) regarding HUD's determination that the City is responsible for constructing disabled access improvements at Rea Community Center, owned by the Newport -Mesa Unified School District, and leased by the City. Nancy Palme, 1997 Kornat Drive, Costa Mesa, commented that Rea Community Center houses some of the best programs for the entire community, such as the Boys Club, SOY (Save Our Youth), Head Start, Harbor Area Adult Day Care Center, High Hopes, and Vantage Foundation, and now HUD tells the City that these programs cannot operate unless certain changes are made at the Center. She felt that some Federal laws are not in the best interest of the community's handicapped. Phil Morello, 1715 Samar Drive, Costa Mesa, stated that he moved from the west side after Share Our Selves (SOS) moved their soup kitchen to Rea Community Center, causing many problems in the neighborhood. Responding to an inquiry from Mr. Morello, Mayor Erickson reported that SOS vacated the medical trailer at Rea Center years ago, and the Newport -Mesa Unified School District now uses it for an assessment center and medical treatment facility. Council Member Hornbuckle clarified that SOS never operated the Soup Kitchen, which is a separate entity. 1 Mayor Erickson noted that the tenant leases at the two community centers stipulate 30 days written notice of termination. MOTION A motion was made by Council Member Genis, seconded by Approved Lease Council Member Hornbuckle, and carried 5-0, approving the one - Extensions year extensions of the tenant leases at the Rea and Downtown community centers. MOTION . A motion was made by Council Member Monahan, seconded by Approved Formal Council Member Genis, to start formal dialogue with Newport -Mesa Dialogue and Notice Unified School District regarding termination of the existing lease to Terminate Rea for use of Rea Community Center, authorizing the City Manager to Center Lease sign the Notice of Termination on behalf of the City, and to include in the formal dialogue, the lease for that portion of the center being used by the School District. Council Member Hornbuckle supported the motion and suggested that since some of the organizations at Rea Center benefit children from the School District, the District could be encouraged .to continue their support of these groups. Mayor Erickson supported the motion and endorsed discussions on the future of Rea Center. The motion carried 5-0. CITY ATTORNEY'S The Deputy City Clerk presented from the meeting of July 5, 1995, REPORT the voluntary compliance agreement for disabled access at the Costa Police Facility and Mesa Police Facility and Rea Community Center. The City Rea Center Disabled Attorney reviewed his report dated June 28, 1995, stating that Access HUD's position appears to be that as long as the City leases Rea Community Center and provides Federally funded programs, the City must sign the voluntary compliance agreement. MOTION A motion was made by Council Member Hornbuckle, seconded by City Attorney Council Member Genis, and carried 5-0, directing the City Attorney Directed to Transmit to transmit Council's action regarding the Rea Community Center Letter to HUD lease to Mr. Howard of HUD, and to advise him that no action was taken on the voluntary compliance agreement. CITY MANAGER'S The City Manager referred to the newspaper article which stated REPORT that he was being considered for the Chief Executive Officer County of Orange position for the County of Orange:. - He reported that this was done C.E.O. Position without his knowledge, and assured. Council that such a move would never be considered without first consulting them. COUNCIL Council Member Monahan_comme^ ed rP. olicc Chief Dave Snowden, COMMENTS Lieutenant Alan Kent,- and Senior_Police=Offer Darell Freeman for Citizens Training their work with the Citizens Training Acadeny. He commented on Academy; Albert the heavy activity at _Albert Place, .and.I`Iewport Boulevard, near the Place and Newport Coast Motel, and asked that _the - -police provide Council with a Boulevard Activity; monthly update. Council"Member suggested discussing and Orange County the Orange. County Treasurer's Pool at the Council meeting of Treasurer's Pool August 7, 1995, regarding the following: benefits and drawbacks of not collecting the monies owed; and the possibilities and consequences of forgiving the debt:: He asked the City Attorney for his opinion on whether there would be legal constraints under the. settlement agreement in forgiving the debt, and if there were any other legal issues or positions to consider. He requested information on any assurances we may want to seek. Council Member Genis thought that cities should be taking a position on alternatives to the "bail-out". She proposed discussing legislative proposals being considered at this time for Measure M funds, and developing a position. She also suggested that the City host an open discussion with other cities to work towards a solution. Council Member Genis commented that based on the League of Cities meetings she attended, there is no desire on their part in taking a leadership role in finding a solution to the bankruptcy. Council Member Hornbuckle agreed that Measure M funds should be included in any discussions, and wanted some idea of the affect it would have on the City's Measure M funding. OCTA Freeway Council Member Genis reported that the Orange County Transporta- Aesthetics Program tion Authority presented its freeway aesthetics program on July 13, 1995, and have decided on four species of endangered flowers. She suggested addressing this topic at the Council meeting of August 7, 1995. She stated that not only was the program a waste of money, costing a minimum of $150,000.00, but the pictures are very ugly. Council Member Genis also reported that the City of San Clemente has opted not to participate in the program. Council Member Hornbuckle asked to see the pictures when this item comes back to Council. Permit Fees for Council Member Hornbuckle requested that permit fees for signs be Signs made a part of the user fee program. ADJOURNMENT The Mayor declared the meeting adjourned at 10:00 p.m. Mayy of the City of Costa Mesa ATTEST: l Deputy City Clerk of the City of Costa Mesa f