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HomeMy WebLinkAbout09/18/1995 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 18, 1995 The City Council of the City of Costa Mesa, California, met in regular session September 18, 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, who then gave the invocation. 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 Personnel Services Director Steve Hayman Police Chief Dave Snowden Assistant Development Director/ Planning Manager Perry Valantine Budget & Research Officer Richard Averett Personnel Manager Howard Perkins Recreation Superintendent Chuck Carr Park Superintendent Dave Alkema i d mini strative Assistant Paula Schaefer Deputy,; City Clerk Mary Elliott MINUTES On motion by Mayor, -Pro -Te' `B01f. a, seconded by Council Member August 9 and 28, Monahan, and - carried --`_- '-5=0, fe = minutes of the special and September 5, Council/Redevelopmeri-Agency, rrP.eang of August 9, 1995, the 1995special meeting of August- 2$,. -1..9S; and the regular meeting of September 5, 1995, Were- ap,Drovee(-as distributed. ORDINANCES AND A motion was made by'Mayor Pro Tem Buffa, seconded by Council RESOLUTIONS Member Genis, . and carried 5-0, to read all .ordinances and resolutions by title only. PRESENTATION Barbara Taylor, 'representing Mothers Against Drunk Driving Mothers Against (MADD), 777 South Main Street, Orange, read a proclamation and Drunk Driving presented the following police officers with a certificate and pin in (MADD) recognition of their Driving Under the Influence (DUI) arrest records: Senior Police Officers Garth Wilson, Michael Zangger, Michael Yamada, Floyd Waldron, Russell Rose, Aaron Thomas, Dan Erber, Jeffrey McCann, and George Rose. She announced that Senior Reserve Officer Barry Schlieder will receive an award in November which recognizes his participation in over 200 DUI arrests. Ms. Taylor expressed her L appreciation to the Costa Mesa Police Department for their successful work in the community. 399 PRESENTATION Mayor Erickson, on behalf of the Orange County Division of the Susan Temple League of California Cities, presented an award to Costa Mesa Award Finance Director Susan Temple in recognition of her efforts as a member of the technical team which developed the Orange County bankruptcy proposal adopted by the California legislature. ORAL COMMUNI- Cathy Hilterbran, Vantage Foundation, 661 Hamilton Street, Costa CATIONS Mesa, was pleased with the City's letter regarding proposed Handicap Ramps improvements of handicap ramps on Harbor Boulevard, and stated that temporary ramps would be beneficial. Council Member Genis felt that there is an urgent need for a ramp at Harbor Boulevard and Nutmeg Place. Water District Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, reported that the Community Forum Coalition of Costa Mesa Homeowners and the Mesa Consolidated Water District intend to sponsor a community forum on Tuesday, October 24, 1995, at 7:00 p.m., in the Council Chambers of City Hall, to discuss Water District issues which affect Costa Mesa residents. He gave a letter to the Mayor asking that the meeting be televised and that any fee be waived. The City Manager advised that this request would be placed on the October 2, 1995, agenda for Bridge Study consideration. Mr. Pizarek, a member of the Ad Hoc Transpor- Group tation Study Group, felt that meetings should continue with the cities of Huntington Beach, Fountain Valley, and Newport Beach, regarding deletion of the 19th Street and Gisler Avenue bridges from the Master Plan of Arterial Highways, and asked if the City Manager had corresponded with the three cities regarding this matter. The City Manager responded that a letter was sent, and assured Mr. Pizarek that he would receive a copy. Harbor/Fair Traffic Greg Brown, 2501 Christopher Lane, Costa Mesa, stated that the Light traffic light at Harbor Boulevard and Fair Drive needs to be lengthened to ensure safe crossing. Mayor Erickson asked the Public Services Director to investigate. Park Place Inn Joe Broden, 1513 Orange Avenue, Costa Mesa, stated that residents Conversion in his area had not been notified of the City's intention to convert the Park Place Inn, 1662 Newport Boulevard (at the corner of Newport Boulevard and 17th Street) into HUD housing. The Planning Manager responded that the Planning Commission approved conversion of the inn to a single -room occupancy (SRO) dwelling several months ago; however, public financing is not involved. He explained the benefits of an SRO, which are on-site management; security systems, including locking gates and video cameras; limiting the number of persons per room; and limiting the hours that guests may visit. Mr. Broden thought that the SRO would be a detriment to the neighborhood. Releaf Costa Mesa Liz Meyer, 1656 Iowa Street, Apt. D, Costa Mesa, reported that Grant Releaf Costa Mesa, whom she represents, had been awarded a $4,000.00 grant from the Department of Forestry to plant more trees in the City. Lindbergh School Heather Somers, 427 East 17th Street, Costa Mesa, President of the Site East Side Homeowners Association, addressed the Lindbergh School site, stating that the Mesa Consolidated Water District has provided inaccurate and questionable statements regarding the purpose and function of Reservoir No. 2, and enumerated several other difficulties. She reported that the Newport -Mesa Unified School District will be relocating 250 preschool students to Lindbergh from the Bear Street School, and thought that the increased traffic would 440 create a hardship in the neighborhood. The City Manager mentioned correspondence received from Michael Dunlevie, a board member of the East Side Homeowners Association, highlighting the neighbor's concerns, and reported that the City had suggested to the Superintendent of the School District that traffic counts and an analysis be provided. He announced that the School District will conduct a tour of Bear Street School, 3100 Bear Street, on October 4, 1995, and hold a meeting with the community and the Board of Education in the evening at Kaiser Elementary School, 2130 Santa Ana Avenue. Orange County Rape Ernie Feeney, 1154 Dorset Lane, Costa Mesa, stated that according Statistics to 1994 Orange County statistics, Costa Mesa had the second highest number of rapes. She asked that the Police Chief provide monthly reports regarding the disposition of arrests and bookings in the City, including the names of the District Attorney, defense attorney, and the judges involved in each case. She asked for a copy of a communication from the Chief of Police, previously requested by Council Member Hornbuckle, regarding the ideal number of police officers for the City if money were not an object. The City Manager suggested placing this item on the October 2, 1995, agenda. RECOGNITION Mayor Erickson recognized Trudy Ohlig from the Mesa Consoli- dated Water District who was in attendance. CONSENT On motion by Mayor Pro Tem Buffa, seconded by Council Member CALENDAR Genis, and carried 5-0, all Consent Calendar items were approved MOTION/Approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Virginia Behrens; City of Newport Beach; Enterprise Rent-A-Car; and Nettie and Lance McLean. Alcoholic Beverage Alcoholic Beverage License for which parking has been approved License by the Planning staff: The Wrapper, 3333 Bristol Street, Suite 1516. WARRANTS Warrant Resolution 1606, funding City operating expenses in the Approved Warrant amount of $1,155,668.29; and Payroll 9517 for $1,280,941.25, were 1606; Payroll 9517 approved. REJECTED CLAIMS The following claims were rejected: Adams Edward Adams (vehicle collision at Newport Boulevard and Bay Street). Carpenter Sharon Carpenter (drove vehicle into curb as lanes narrowed on . Harbor Boulevard). Casillas Rudi Casillas (alleges excessive force, violation of civil rights by Police). Prudential/Roberts Prudential Insurance Company of America indemnity claim (Russell Roberts trip and fall). Salter Judy Salter (alleges false arrest, violation of civil rights and emotional distress/loss of property). 1 s'.r" 4, 4 d Salter Ron Salter (alleges false arrest, violation of civil rights and emotional distress/loss of property). Waldron Karen Waldron (alleges breach of contract). ADMINISTRATIVE Resolution 95-74, A RESOLUTION OF THE CITY COUNCIL OF ACTIONS/Adopted THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING Resolution 95-74 A HOUSEHOLD HAZARDOUS WASTE DISCRETIONARY Authorizing Hazard- GRANT APPLICATION FOR THE CITY OF COSTA MESA, was ous Waste Grant adopted. Adopted Resolution Resolution 95-75, A RESOLUTION OF THE CITY COUNCIL OF 95-75 Authorizing THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING Execution of Docu- THE PUBLIC SERVICES DIRECTOR TO EXECUTE ALL ments for Federal NECESSARY DOCUMENTS RELATING TO DISASTER NO. Assistance DR -1008 -CA FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE, was adopted. Approved Agreement An agreement with Americlean Environmental Services, 188 with Americlean to Pomona Avenue, Long Beach, to administer the City's Third Cycle Administer Used Oil Used Oil Block Grant Program, was approved, and the Mayor and Program; Adjustment Deputy City Clerk were authorized to sign on behalf of the City; and Approved Budget Adjustment No. 96-17 for $35,050.00, was approved. Approved Agreement An agreement with Dewan, Lundin & Associates (DL&A), 12377 with DL&A to Lewis Street, Suite 101, Garden Grove, in an amount not to exceed Design Improvements $5,990.00, to design -street widening improvements on Doctors on Doctors Circle Circle, including design of a sump pump system at 2130 Thurin Street, was approved, � and .the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Awarded Phase II, Regarding Phase II, Tot Lot Equipment Replacement Program at Tot Lot Equipment Harper, Heller, Jordan, Lions, Paularino, Shiffer, and Suburbia Replacement Pro- parks; and City Attorney's Report No. 95-94, the following action gram, to Ryco was taken: The protest from Micon Engineering, Inc., 780 South Van Buren Street, Suite G', Placentia, concerning the 50 percent subcontractor rule, was rejected. The contract was awarded to Ryco Construction, Inc., 431 West 164th Street, Gardena, for $298,208.00. Wheelchair Lift and Regarding Council Chamber Wheelchair Lift Installation; Police Elevator Installation, Facility Elevator Installation and Handrail Retrofit, Project No. 95 - Project No. 95-09 09; and City Attorney's Report No. 95-92, the following action was taken: Rejected Bid from The single bid received from Action Contractors, Inc. (ACI), ACI 10175 Slater Avenue, Suite 160, Fountain Valley, in the amount of $199,264.00, was rejected. Adopted Resolution Resolution 95-76, A RESOLUTION OF THE CITY COUNCIL 95-76, Authorizing OF THE CITY OF COSTA MESA, CALIFORNIA, FOR Sole Source Agree- FINDINGS AND DETERMINATION TO WAIVE THE BID ment PROCESS AND AUTHORIZE A SOLE SOURCE FOR COUNCIL CHAMBER WHEELCHAIR LIFT AND POLICE FACILITY ELEVATOR INSTALLATION AND HANDRAIL RETROFIT, was adopted. /� � Y t� ds Authorized Negotia- Staff was authorized to negotiate a contract with Action Contractors, tions; Authorized City Inc., at a reduced price; and the City Manager was authorized to Manager to Sign execute the agreement for an amount not to exceed $160,000.00. Agreement Approved Payment to A payment of an invoice in the amount of $33,793.68 from Mesa Water District for Consolidated Water District, for completion of construction at Lindbergh Park Lindbergh Park, was approved. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place 1995-96 User Fees set for the public hearing to consider 1995-96 User Fees and and Charges Charges: An ordinance establishing new regulatory fees; and a resolution establishing and adopting schedules of rates, fees, and charges for services. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Budget & Research Officer reviewed the Agenda Report dated September 6, 1995. He and the Recreation Superintendent responded to questions from Council. Charles Robertson, 1885 Tahiti Drive, Costa Mesa, complained about the lack of public facilities at some of the parks, and suggested that persons who sign up to use a field or athletic facility be required to provide portable toilets. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, commented that the Downtown Community Center pool is an important part of the neighborhood, and suggested building a smaller pool or eliminating the heating so it could be self-supporting. The City Manager thought that the pool should be addressed with the Parks Master Plan. John Feeney, 1154 Dorset Lane, Costa Mesa, referred to the fee for a sign permit, Page 30 of the Agenda Report, and asked how the fee for a replacement sign of the same size on an existing site is determined. The Deputy City Manager/Development Services responded that .the schedules in the Building and Electrical codes would be utilized, and a sign change such as that noted above would probably be charged the minimum permit fee. Heather Somers, 427 East 17th Street, Costa Mesa, asked about raising the photocopying costs to $2.00 for the first page and $.10 for each page thereafter. The City Manager responded that this fee has been in effect for several years, and the current proposition is to charge only the $.10 per page. Mrs. Somers questioned lowering the pushcart vendor permit fees from $85.00 to $65.00. Council Member Genis explained that the City cannot charge a user fee in excess of the actual costs of administration. MOTIONS A motion was made by Mayor Pro Tem Buffa, seconded by Council Approved User Fees Member Hornbuckle, and carried 5-0, to approve the City Manager/ as Amended; Fees for Communications user fees, deleting in the section "Photocopy - City Community Centers Wide" the $2.00 initial fee for the first photocopy, retaining the and Private and Semi- $.10/page. Private Swimming Lessons Continued to Council Member Genis requested more information on the incre- October 16, 1995 mental costs of the community center room rentals before approving the fees. Motion Withdrawn A motion was made by Council Member Genis, seconded by Council Member Hornbuckle, to approve the following user fees: Finance; Police; Special Event Services; Fire; and Public Services. 1 403 - After discussion, the motion was withdrawn. Council Member Monahan announced that he would be opposing most of the user fee increases because they are a form of a tax, and he believed consideration should be given to not offering the service if it is necessary to charge a fee. He thought that the fees should be rebated to the taxpayers.' Council Member Genis commented that some services provide a benefit to a limited segment of the community, and persons. should pay the fees instead of passing them along to the taxpayers. She pointed out that the fees are not a tax but are monies paid by choice for a service. Mayor Pro Tem Buffa did not support the portion of the Public Services user fees which would inhibit the start of new businesses. Council Member Hornbuckle felt that services for the general public may need to be cut if user fees were eliminated. Mayor Erickson felt that user fees and charges are beneficiary charges in that the persons who use the services benefit from'.them, and that the general public should not subsidize services for individuals. On motion by Council Member Genis, seconded by Council Member Hornbuckle, and carried 4-1, Council Member Monahan voting no, Finance user fees were approved. On motion by Council Member Genis, seconded by Council Member Hornbuckle, and carried 4-1, Council Member Monahan voting no, Police user fees, were approved. On motion by Mayor Pro Tem Buffa, seconded by Council Member Genis, and carried 4-1,= Council Member Monahan voting no, Special Event Services user fees were approved. On motion by Council Member Genis, seconded by Council Member Hornbuckle, and carried 4-1, Council Member Monahan voting no, Fire user fees were approved. Mayor Erickson noted that the residents of Costa Mesa still will not be charged for paramedic fees. A motion was made by Mayor Pro Tem Buffa, seconded by Council Member Monahan, to retain the current Public Services user fees. A substitute motion was made by Council Member Genis, seconded by Council Member Hornbuckle, and carried 3-2, Council Members Buffa and Monahan voting no, to approve the proposed Public Services user fees. On motion by Council Member Hornbuckle, seconded by Council Member Genis, and carried 5-0, Community Service user fees for the Neighborhood, Downtown, Balearic, and Rea community centers, were continued to the meeting of October 2, 1995. On motion by Council Member Genis, seconded by Council Member Hornbuckle, and carried 4-1, Council Member Monahan voting no, Community Service user fees for adult sports and athletic fields were approved. Council Member Hornbuckle commented that the majority of Community Services fees will remain the same, with only a few being raised. 404 MOTION Ordinance 95-16 Given First Reading; Resolution 95-77 Adopted OLD BUSINESS Mesa Verde Villas and California School Block Wall On motion by Council Member Hornbuckle, seconded by Council Member Genis, and carried 4-1, Council Member Monahan voting no, Community Services user fees for youth sports, aquatics, tennis, day camp, early childhood, and instructional classes for adults, were approved, continuing the Learn to Swim (private) and (semi -private) programs to ' the meeting of October 2, 1995. On motion by Council Member Hornbuckle, seconded by Council Member Genis, and carried 5-0, Community Services user fees for park services and the job center were approved. A motion was made, by Mayor Pro Tem Buffa, seconded by Council Member Monahan, to retain the current Development Services user fees. A substitute motion was made by Council Member Genis, seconded by Council Meinber Hornbuckle, and carried 3-2, Council Members Buffa and Monahan voting no, to approve the adjustment of Development Services current user fees. A motion was made by Council Member Hornbuckle, seconded by Council Member Genis, and carried 3-2, Council Members Buffa and Monahan voting no, to approve the Development Services new user fees, with the; exception of the fees for the Access Appeals Board and the Building, Housing, and Fire Codes Board of Appeals which were removed for further study. On motion by Council Member Hornbuckle, seconded by Mayor Pro Tem Buffa, -and carried 4-1, Council Member Monahan voting no, the following action was taken: Ordinance 95-16,' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING SUBSECTIONS 27 THROUGH 40, INCLUSIVE, TO SECTION 2-450 OF THE COSTA MESA MUNICIPAL CODE ESTABLISHING NEW REGULATORY FEES, was given first reading and passed to second reading. Resolution 95-77; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES, AND CHARGES FOR SERVICES BY THE CITY OF COSTA MESA, was adopted, incorporating all the above changes. Mayor Erickson requested that staff investigate recovering monies spent on special events on a time and materials basis. The Deputy City Clerk presented from the meeting of September 5, 1995, construction of a block wall between Mesa Verde Villas and California School: Agreement with, LANBP Engineering Corporation, 21104 Windchild Lane, Huntington Beach, for $4,580.00, to design a masonry block wall. Agreement with Mesa Verde Villas Homeowners Association, 1630 Iowa Street, No. C, Costa Mesa, for construction administration. �f• The Recreation Superintendent summarized the Agenda Report dated September 12, 1995. Don Schoorman, 1630 Iowa Street, No. C, Costa Mesa, President of Mesa Verde Villas Homeowners Asso- ciation, was in attendance to respond to any questions. Karen Fowler, 1641 Iowa Street, No. D, Costa Mesa, reported that residents along the street where the wall is to be constructed have suggested that the top .one foot of wall be a see-through type material so their view will not be eliminated. The Recreation Superintendent reported that the City had asked LANBP Engineering to provide two or three design types; however, he noted that any price difference must be paid by the homeowners. Council Member Genis suggested that the reliability and maintainability of the see- through type wall be investigated by contacting persons who have them installed and live in an ocean -front area. Mayor Pro Tem Buffa thought that the corridor agencies would be a good source of information on sound walls. MOTION On motion by Council Member Hornbuckle, seconded by Council Agreement Approved Member Genis, and carried 5-0, the agreement with LANBP Engineering Corporation was approved, and the Community Services Director was authorized to sign on behalf of the City (the agreement with Mesa Verde Villas Homeowners Association will be considered at a later date). OLD BUSINESS The Deputy City Clerk presented from the meeting of September 5, Ordinance 95-10, 1995, second reading and adoption of Ordinance 95-10, adopting Sign Regulations amended sign regulations. The Planning Manager summarized the Agenda Report dated -September 11, 1995. Ed Fawcett, Costa Mesa Chamber of Commerce, 1835 Newport Boulevard, Suite E-270, Costa Mesa, member of the Sign Ordinance Review Committee, reiterated his previous compromise proposal which provides for a 50 percent increase in permanent signage, with additional proposals on free standing and temporary signage. He believed that it is supported by residents, businesses, and City Planning staff. He asked Council to reconsider that proposal, and showed photographs illustrating the potential permanent signage allowable under the new ordinance. Charles Robertson, 1885 Tahiti Drive, Costa Mesa, President of the Mesa Verde Homeowners Association, commented that the proposed sign ordinance is a recipe for visual disaster in the City. He stated that the ordinance is not supported by the residents or the business community, nor is there support in the reports and recommendations of the Planning staff and the Planning Commission. Mr. Robertson felt that members of the Sign Ordinance Review Committee did not want to see the City awash in signage. He asked Council to reconsider the permanent sign allowance and adopt the compromise position that was presented by the business community. Kim Kasell, 3057 Yukon Avenue, Costa Mesa, recommended that the minimum banner size be 30 square feet, not the 25 square feet recommended by staff, stating that there has not been a problem with banner enforcement. She supported the Chamber of Commerce in their views on the sign issue, and felt that their position showed concern for the entire community, not only business interests. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, supported the compromise as proposed by the Sign Ordinance Review Committee, and asked Council to do the same. fl... 406 John Feeney, 1154 Dorset Lane, Costa Mesa, addressing the issue of excessive permanent signage, stated that the ordinance under consideration contains a moderate proposal compared to surrounding cities. He suggested that if the Sign Ordinance Review Committee is retained, that staff prepare a log of sign complaints to be addressed. Jeffrey Stern, 1700 West Anaheim Street, Long Beach, member of the Sign Ordinance Review Committee, representing the on -premise sign industry, expressed his concern for the small businessman whose major force of advertising ,is his sign. Tony Petros, 2135 Iris Place, Costa Mesa, reported that the proposed ordinance potentially represents an increase of approxi- mately 400 percent in sign area which is not in the best interest of businesses in the community. He believed that business growth needs to be fostered by a cooperative effort between residents and businesses. He asked for consideration of the compromise position. Randy Garell, The, Grant Boys, 1750 Newport Boulevard, Costa Mesa, member of the Sign Ordinance Review Committee, supported banners as an easy and inexpensive way for businesses to advertise, and strongly supported the compromise position because it was never the intent of the committee to increase permanent signage. Council Member Hornbuckle felt that the permanent signage standards contained, in the ordinance might seriously damage the community. Council Member Genis opposed the total elimination of time limits for banners unless the square footage allowable were drastically reduced. MOTION A motion was made by Council Member Monahan, seconded by To Adopt Ordinance Council Member Buffa, to adopt Ordinance 95-10, eliminating the 95-10 banner time limit, retaining the minimum and maximum banner sizes, and stipulating that the banners adhere to development standards. Mayor Erickson opposed the motion because the proposal put forth by the Chamber of Commerce was more reasonable. SUBSTITUTE A substitute motion was made by Council Member Hornbuckle, MOTION seconded by Mayor` Erickson, and carried 3-2, Council Members Approve Permanent Buffa and Monahan voting no, to calculate the total permanent. sign and Free-standing area by adding the property width to one-half the property depth and Signage multiplying by 1.0 square foot; and stipulating that free-standing signs shall not exceed' S0 percent of the total permanent signage allowed, with a maximum height of 25 feet. MOTION A motion was made by Council Member Hornbuckle, seconded by Approved Banners Mayor Pro Tem Buffa, and carried 4-1, Council Member Genis voting no, to allow installation of banners as previously approved with no permit required, no time limit, and review of the banner system to occur in one year. Council Member Hornbuckle clarified that her intent was for staff to prepare a report for Council containing all banner complaints, the type of complaint, and so forth. MOTION On motion by Council Member Hornbuckle, seconded by Council Adopted Ordinance Member Monahan' and carried 5-0, Ordinance 95-10, AN 95-10 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING CHAPTER VI, SIGNS, FROM TITLE 5 OF THE COSTA MESA MUNICIPAL 407 CODE, AND ADOPTING AMENDED SIGN REGULATIONS AS CHAPTER XIV OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE, was given second reading and adopted. RECESS The Mayor declared a recess at 8:55 p.m., and the meeting reconvened at 9:05 p.m. OLD BUSINESS The Deputy City Clerk presented from the meeting of September 5, Ordinance 95-13, 1995, second reading and adoption of Ordinance 95-13, pertaining Public Entertainment to public entertainment. The City Attorney summarized the ordinance. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Adopted Ordinance Hornbuckle, and carried 5-0, Ordinance 95-13, AN ORDINANCE 95-13 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING COSTA MESA MUNICIPAL CODE SECTIONS 9-193 THROUGH 9-203 PERTAINING TO PUBLIC ENTERTAINMENT, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of September 5, Ordinance 95-14,. 1995, second reading and adoption of Ordinance 95-14, pertaining - Special Events to special events. The City Attorney summarized the ordinance. MOTION On motion by Council Member Hornbuckle, seconded by Council Adopted Ordinance Member Monahan, and carried 5-0, Ordinance 95-14, AN 95-14 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,. CALIFORNIA, ADDING ARTICLE 11.5 TO CHAPTER II OF TITLE 9 OF THE COSTA MESA MUNICIPAL CODE PERTAINING"TO SPECIAL EVENTS, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of September 5, Ordinance 95-15, 1995, second reading and adoption of Ordinance 95-15, establishing Prohibiting Camping prohibition of camping and storage of personal property in public in Parks parks, streets, and other areas. The City Attorney briefly reviewed the ordinance. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Adopted Ordinance Monahan, and carried 5-0, Ordinance 95-15, AN ORDINANCE OF 95-15 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING SECTION 12-7 TO TITLE 12 OF THE COSTA MESA MUNICIPAL CODE ESTABLISHING PROHIBI- TION OF CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC PARKS, STREETS, AND OTHER AREAS, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of September 5, Revised Salaries 1995, a resolution revising pay ranges for selected Police for Selected Police Department personnel. The Personnel Manager reviewed the Personnel Agenda Report dated September 11, 1995, and along with the Personnel Services Director and Police Chief, responded to questions from Council. Council Member Genis noted that in the future the ratio of supervisors and managers to line employees should be considered Citywide. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Adopted Resolution Tem Buffa, and carried 5-0, Resolution 95-78, A RESOLUTION 95-78 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING PAY RANGES TO REFLECT RECOMMENDATIONS OF A - CLASSIFICATION AND COMPENSATION STUDY OF SELECTED POSITIONS IN THE POLICE. DEPARTMENT PURSUANT TO THE 1994-1997 MOU (MEMORANDUM OF UNDERSTANDING), was adopted. Council Member Genis supported the motion because increases had been granted to other positions Citywide. She encouraged salary ;comparisons. with the private sector. OLD BUSINESS ,The Deputy. City Clerk presented from the meeting of September 5, Metro Pointe 1995, City Attorney's Report No. 95-93, applicability of the Monitoring Program monitoring program for Metro Pointe Development. A communi- cation was received from Rutan & Tucker, 611 Anton Boulevard, Suite 1400, Costa Mesa, opposing the monitoring program but ;suggesting a scope of monitoring for one year if the program is approved. The City Attorney summarized his report dated ;September 14, 1995. The Public Services Director responded to the Rutan & Tucker claim that the charge would be discriminatory. 'Leonard Hampel, Rutan & Tucker, opposed the monitoring program because construction has begun and leases signed. He explained that ,the leases were based on that which was thought to be a firm traffic ;fee, and to recalculate it at this time could cause problems. MOTION !On motion by Mayor Pro Tem Buffa, seconded by Council Member Monitoring Program ;Gens, and carried 4-0, Council Member Monahan abstaining, the Deleted ;requirement for a monitoring program for Metro Pointe was deleted. The Public Services Director stated that in the future, specific sites -may be addressed as part of the overall monitoring program. Mayor Pro Tem Buffa responded to Council Member Hornbuckle's ,concerns by stating that the multiplex theater generates traffic after p.m. peak hours, and'virtually none during the day. OLD BUSINESS The Deputy City Clerk presented the Home Developer Short List HOME Short List and and Target Area: Target Areas Whether to include' Orange Coast Interfaith Shelter on the developer short-list for 1995-1996 Acquisition and Rehabilitation Project. Whether to target the Shalimar Drive/James Street area only, or open the Request for Proposal to major arterials within the City and the seven HOME target areas. The Administrative Assistant summarized the Agenda Report dated September 6, 1995. Sandra Gordon, Executive Director of Orange Costa Interfaith Shelter, 1963 Wallace Avenue, Costa Mesa, provided background data on the shelter, gave a synopsis of her background, and reviewed the qualifications of members on the Board of Directors and Advisory Board. She reported that programs at the shelter include an employment laboratory, testing and counselling, and working with persons involved in drug and alcohol rehabilitation and victims of domestic violence. John Feeney, 1154 Dorset Lane, Costa Mesa, asked if the projects would be funded by taxpayers dollars. Mayor Erickson responded in the affirmative. 409 Heather Somers, 427 East 17th Street, Costa Mesa, asked if persons who inhabit the shelter are residents of Costa Mesa. Mrs. Gordon responded that over 50 percent are residents. Mrs. Somers commented that although she is a proponent of Costa Mesa social programs, she would like to see these programs expanded into the cities from -where these people originate. MOTION/Added A motion was made by Council Member Hornbuckle, seconded by Orange Coast Inter- Council Member Genis, and carried 3-2, Council Members Buffa faith/L. A. Design/ and Monahan voting no, to add to the developer's short-list (which Shelter for the Home- now includes Jamboree Housing, Civic Center Barrio, and less to Short -List Community Partnership Development Corporation), the following: Orange Coast Interfaith Shelter, Los Angeles Community Design Center, and Shelter for the Homeless. Mayor Pro Tem Buffa opposed the motion because the selection process to determine the short-list developers had previously taken place, and he felt that adding to the list was not fair. Motion to Target A motion was made by Council Member Monahan, seconded by Only Shalimar/James Mayor Pro Tem Buffa, to target only Shalimar Drive and James Failed to Carry Street. The motion failed to carry 3-2, Council Members Erickson, . Hornbuckle, and Genis voting no. Council Member Monahan thought that Shalimar Drive and James Street should, only be targeted at this time because of the amount of monies already expended, and diversification into other areas should take place only after the work is complete. Council Member Genis opposed the motion, stating that other troubled_ areas in the City should be addressed ' before problems escalate. MOTION A motion was made by Council Member Genis, seconded by Mayor Approved Soliciting Erickson, and carried 3-2, Council Members Buffa and Monahan Proposals for Target voting no, to approve soliciting proposals for the seven target areas, Areas as well as the major arterials within the City. OLD BUSINESS The Deputy City Clerk presented from the meeting of June 5, 1995, Real Estate Signs real estate signs in the public right-of-way. The Deputy City Manager/Development- Services reviewed the Agenda Report dated September 11, 1995. Larry Weichman, 1175 Boise Way, Costa Mesa, reported that the biggest problem is out-of-town real estate firms who deluge the area with signs. John Feeney, 1154 Dorset Lane, Costa Mesa, confirmed with the City Attorney the type of signs which may be placed in the public right-of-way. Heather Somers, 427 East 17th Street, Costa Mesa, reported that the east side of the City is inundated on weekends with open house and other real estate signs. She opposed allowing any real estate signs in the public right-of-way. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, reported on real estate signs placed in the center median of Fairview Road, which is illegal and hazardous. She asked how this program would be monitored. Mike Kerr, Westport Homes, 1936 Deere Avenue, Santa Ana, commented that temporary directional signs would only be installed during. an open house, and persons in the industry in Costa Mesa are attempting to be responsible. He urged that Council direct staff to investigate the concept of community directional signage which would eliminate the need for other signage and promote a positive image for the City. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Staff Directed to Member Monahan, and carried 3-2, Council Members Hornbuckle Prepare Ordinance and Genis voting no,' directing staff to prepare an ordinance which Eliminating Sign eliminates all restrictions on real estate signs in the public right -of - Restrictions way. Mayor Pro Tem Buffa clarified that the motion included limiting the size of the signs, and specifying that open house signs must be removed within 24 hours. Heather Somers, 427 East 17th Street, Costa Mesa, asked who would be the responsible party if someone were injured on a sign in the public right-of-way, and asked about flyers posted on telephone poles which are located in the public right-of-way. MOTION/Staff A motion was made by Mayor Pro Tem Buffa, seconded by Council Directed to Prepare Member Monahan, and carried 3-2, Council Members Hornbuckle- Ordinance ornbuckleOrdinance Re New and Genis voting no, .to direct staff to prepare an ordinance which Development Signage addresses new development signage. NEW BUSINESS i The City Attorney .presented Report No. 95-91 regarding a second Transit Shelters and amendment to the Franchise Agreement for transit shelters and Benches (Bid Item benches (Bid Item No. 948), and reviewed the report dated 948) September 8, 1995, MOTION A motion was made by Council Member Hornbuckle, seconded by Approved Franchise Council Member Genis, and carried 5-0, to approve the second Agreement Amend- amendment to the Franchise Agreement which assigns interest in the ment Assigning agreement to Eller, Media Company, 1539 East Orangewood Interest to Eller Avenue, Orange; and the Mayor and Deputy City Clerk were Media authorized to sign on behalf of the City. NEW BUSINESS The Deputy City Clerk presented a request from Judy Hubbard, Request to Establish 1880 Parkview Circle, to establish "A Grove of Memory and Hope", "A Grove of Memory to donate $2,500.00 for tree planting, and to install a plaque at and Hope" at Canyon : Canyon Park to memorialize HIV victims; and Council review of the Park Park, Recreation Facilities and Parkways Commission policy on memorial plaques and planting of dedication trees in City parks. A communication was received from David Noller, 1187 Gleneagles Terrace, Costa Mesa, supporting the concept, wording, and proposed location for the memorial. The Park Superintendent summarized the Agenda Report dated September 12, 1995. The following persons spoke in support of the donation,: Rebecca Chadwick, 3007 Fernheath Lane, Costa Mesa; Linda Lomma, 1187 Gleneagles Terrace, Costa Mesa; Harvey Liss, - 12 Birdsong, Irvine; Mitch Healy, 264 Santo Tomas, Costa Mesa; Scott Westerfield, 234 24th Place, Costa Mesa; Stanley Tudor, 249-B Avocado Street, Costa Mesa; Benjamin Hubbard, 1880 Parkview Circle, Costa Mesa; Robin Martinez, 2063 Charle Street, No. B4, Costa Mesa; and Libby Cowan, 3007,Fernheath Lane, Costa_ Mesa. 1 411 Motion to Accept the A motion was made by Council Member Hornbuckle to accept the Donation Withdrawn donation. After discussion, Council Member Hornbuckle withdrew her motion. Council Member Hornbuckle commented that the current policy condones the planting of trees in the parks but prohibits plaques; however, a number of plaques have been installed. She noted that the donation of trees in .this instance would be used to complete the planting in Canyon Park. Council Member Genis felt that the policy should be refined before a decision to commit to a particular request is made. She asked for staff to provide information on masonic plaques which are installed on buildings in the City, such as the library. Mayor Pro Tem Buffa stated that he would not support the motion because of the suggested protocol of offering a gift and stipulating the accompanying _plaque. The City Manager stated that a policy for installation of plaques in the parks had only recently been adopted which explains the variety of sizes of those already in place. MOTION A motion was made by Council Member Genis, seconded by Mayor Continued to Erickson, and carried 5-0, to continue this item to the meeting of October 16, 1995 October 16, 1995, directing staff to prepare a revised policy on memorial plaques and the planting of dedication trees in City parks. The City Manager proposed that members of Council, the Parks, Recreation: Facilities and Parkways Commission, and the public, submit recommendations for revising the current Parks policy on this subject. He asked that suggestions be submitted to the Parks Superintendent in:the=Community Services Department. RECESS The Mayor declared a recess at 11:35 p.m., and, reconvened the meeting at 11:40 p.m. NEW BUSINESS The Deputy City Clerk presented Development Phasing and 1994 Development Performance Monitoring Report - 1994. The Deputy City Phasing and Perfor- Manager/Development Services reviewed the Agenda Report dated mance Monitoring September 9, 1995. The Public Services responded to questions from Council. MOTION On motion by Council Member Hornbuckle, seconded by Council Received and Filed Member Monahan, and carried 5-0, the report was received and filed. CITY ATTORNEY'S The City Attorney presented and. revievrP,d his Report No. 95-95 REPORT dated September 13, 1995, regard. ngIlic 06tge County bankruptcy Orange County (United States Bankruptcy'Court Case No.-SA:>34-22272-JR) Motion Bankruptcy for Order approving County.. a<1,ninisterM =`accounts settlement agreement (September 22, 199,5):' TN ; Ci ,;y. `anager presented additional information and' u;Apte-ciijhe i ank.uptcy. CITY ATTORNEY'S The City Attorney presenteo..an.Abaten-ient Vt<"arrrnt, Sid Soffer, 900 REPORT/Soffer Arbor Street; Orange Coui.ty--Municipal =�ui�; Case No. 95C4617. Abatement Warrant He referred to the Assistant G',y,,Atto?'^-y's'confidential memoran- dum dated September 12, 1995, stating that no action was required. John Feeney, 1154 Dorset Lane, Costa Mesa, commented on Sid Soffer's departure from the City. CITY ATTORNEY'S The City Attorney presented the report and recommendations of REPORT special counsel in Rzepa v. City of Costa Mesa, Orange County Rzepa v. City Superior Court Case No. 69 34 54. He referred to the Assistant > 412 City Attorney's confidential memorandum dated September 13, 1995. MOTION A motion was made by Council Member Hornbuckle, seconded by Supported Council Member Genis, and carried 5-0, to support the Recommendations recommendations of special counsel. COUNCIL Council Member Genis gave a . report on the County Charter COMMENTS Commission, and encouraged citizens to either write or attend these County Charter meetings. She reported that the next meeting will be held September Commission 28, 1995, at 4:00 p.m., in the Brea/Fullerton area; and the government subcommittee meets at 5:00 p.m., at the Hall of Administration, 5th floor. Suggestions for the Council Member Hornbuckle suggested that the newspapers Newspapers publicize the judges who give lenient sentences and the district attorneys who do not prosecute. Bristol/I-405 Mayor Pro Tem Buffa commended staff, particularly the Public Interchange Services Director and his staff, for improvements at the Bristol Street/I-405 interchange. Bristol Street/55 Mayor Erickson announced that the open house for the Bristol Freeway Access Street/55 Freeway access improvements will be held October 5, Improvements 1995, from 6:00 p.m. to 7:00 p.m., with the presentation from 7:00 p.m. to 8:00 p.m., and questions and answers from 8:00 p.m. to 9:00 p.m. The Public Services Director reported that notices were mailed announcing this event. ADJOURNMENT The Mayor declared the meeting adjourned at 11:55 p.m. tri -- Ma r of the City of Costa Mesa ATTEST: Deputy Ci Clerk of the City of Costa Mesa N