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HomeMy WebLinkAbout11/06/1995 - City CouncilROLL CALL MINUTES October 16, 1995 ORDINANCES AND RESOLUTIONS NEIGHBORHOOD WATCH PROGRAM PRESENTATION Estancia High School Report REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA NOVEMBER 6, 1995 The City Council of the City of Costa Mesa, California, met in regular session November 6, 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 City Manager Allan Roeder, and ,invocation by Minister Andrew Wall, Church or Christ. 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 = Redevelopment and Housing Manager Muriel Berman Finance Director Susan Temple Per§jnnel Services Director Steve HZyman '�_rinmunications Director Vincent Whelan Assistant Finance Director. Marc Davis Associate Planner Gabriel Elliott Recreation Superintendent Chuck Carr Police Lieutenant Alan Kent Administrative Services Commander Dick Greer Deputy City Clerk Mary Elliott On motion by Council Member Hornbuckle, seconded by Mayor Pro Tem Buffa, and carried 5-0, the minutes of the regular meeting of October 16, 1995, were approved as distributed. A motion was made by Mayor Pro Tem Buffa, seconded by Council Member Genis, and carried 5-0, to read all ordinances and resolutions by title only. Council Member Monahan announced that the following Neighbor- hood Watch meetings had been held in October: Sharon'Jurgensen, Riviera Drive, on October 4, 1995; Barbara Blood, 18th Street, on October 11, 1995; Matt and Judy Bays, La Perle Lane, on October 24, 1995; and Bill and Mary Rose Collopy, Cabrillo Street, on October 25, 1995. Tony Petros, 2135 Iris Place, Costa Mesa, Executive Vice President of the Costa Mesa Chamber of Commerce, announced that regularly scheduled presentations from Estancia and Costa Mesa high schools and the Newport -Mesa Alternative Education Center will again commence on a rotating basis; and will provide insight into student 1 activities. He introduced Leslie Najarian, 3391 Carmel Drive, Costa Mesa, representing Estancia High School, who reported that a new program called the Student Senate had its first meeting on October 5, and will convene monthly. She stated that Youth in Government, comprised of approximately 50 students, meets every Wednesday night at Newport Harbor High School to discuss current political issues and will embark upon a trip to Sacramento, along with 1,500 other students from throughout the state, to run the Senate for five days. She announced that the drama production "Wild Oats", a western comedy, will run December 1, 2, 7, 8, and 9, and tickets will be sold at the door; and 15 students will attend the California Activity Directors Association (CADA) conference on November 20 from 7:30 a.m. to 1:30 p.m., at the Disneyland Hotel, Anaheim. Ms. Najarian reported on football, tennis, volleyball, water polo, and cross-country scores and standings. ORAL COMMUNI- Fred Janssen, 1800Newport Boulevard, Costa Mesa, read a state - CATIONS ment objecting to the sign ordinance which prohibits displaying inflatables over 24 inches, and asked Council to reconsider this Sign Ordinance ordinance. He showed examples of inflatables that are now illegal, and felt that he should be able to apply for a permit to fly certain balloons. Mr. Janssen referred to a hemp festival which had the City's permission to be held next to a school, and the Mayor asked for information from staff regarding this event. Mayor Erickson asked the City Attorney to review the ordinance to determine if it is illegal to display halloween inflatables, in excess of 24 inches, at a residence. Council Member Genis felt that inflatables were preferable to banners, and that this matter could be examined within the context of the banner regulations. Council Member Hornbuckle objected to reviewing the sign ordinance again, pointing out that numerous public hearings had previously been held. During a discussion with Mr. Janssen, Council Member Monahan found that Mr. Janssen had several ideas on regulating inflatables, and suggested that they be discussed with the Planning staff. Access for the Greg Brown, 2501 Christopher Lane, Costa Mesa, was informed by Disabled at Harbor Mayor Erickson that access for the disabled at Harbor Boulevard and and Nutmeg Nutmeg Place was an agenda item, and he would have an opportunity to address this subject when the item is discussed. South Coast Drive Ellie Oliver, 3366 Wisteria Circle, Costa Mesa, representing Traffic Signal Greenbrook residents, opposed the proposed installation of a traffic signal at the South Coast Drive entrance to the Metro Pointe retail center, based on her assumption of the unsafe conditions it would create. She stated that the City had estimated that on a daily basis 17,000 cars would use South Coast Drive, which is approximately 240 feet east of Greenbrook Drive, the primary entrance to her neighborhood. Mayor Erickson noted that a meeting will be held regarding this issue on Thursday, November 9, 1995, 7:00 p.m., in the fifth floor conference room of City Hall, and invited Ms. Oliver and other concerned residents to attend. Council Member Genis asked for a report from staff regarding the safety of ingress and egress from the residential area and whether or not additional traffic control would be required. Mayor Erickson asked that staff provide Council with a report on the Thursday evening meeting. Gang Incident Steve Stafford, 3250 Broad Street, Newport Beach, complained about panhandlers and gangs in Costa Mesa, stating that an incident occurred for which there has not been a satisfactory resolution. The City Manager responded that conversations have taken place and correspondence written in an attempt to settle this matter; however, 27 Sea Breeze Homes Noise Problems Banner Regulations Police Department Complaint Harbor Boulevard Prostitutes Mesa Consolidated Water District there are fundamental disagreements. He reported that Mr. Stafford recently contacted the Orange County Board of Supervisors with a number of serious allegations, and the City Manager assured the Board of the City's full cooperation. The following persons addressed the noise and related problems created by industrial businesses bordering the east and south side of the California Sea Breeze Homes which are located at the west end of 18th Street in Costa Mesa: Clay Parrill, 1784 Peninsula Place; Deborah Bramlett, 1788 Peninsula Place; Janet Parrill, 1784 Peninsula Place (who submitted photographs); Keith Bramlett, 1788 Peninsula Place; Mary Crost, 1812 Peninsula Place; William Williams,. 1817 Peninsula Place; Shari Sumner, 1836 Peninsula Place; and Gary Garrard, 1809 Nantucket Place (who also addressed the condition of Whittier Avenue between 17th and 19th Streets). Letters were submitted from other residents who could not attend the meeting, complaining about the aforementioned problems: H. John Meany, 1797 Nantucket Place; Gary B. Patton, 1041 Regatta Run; Dave Mazzotta, 1800 Capetown Circle; and Bryan and Sherri Kurdziel; 1829 Peninsula Place. Mayor Erickson acknowledged receipt of documents previously forwarded by Sea Breeze residents. The Deputy City Manager reported that staff is initiating contact with the businesses and the property owners, and assured the Mayor that Mr. Parrill, as well as all other Sea Breeze residents, will be apprised of all developments. John Feeney, 1154_ Dorset Lane, Costa Mesa, commented that a portion of the sign ordinance regarding banners is in violation of the National Electrical Code which states that banners must be securely affixed to the building wall of a business being advertised or to a free-standing sign. He stated that most banners are constructed of combustible material, and that the ordinance should have imposed restrictions to ensure that they are not mounted near current -carrying elements. The City Manager replied that Building Safety and Fire Department personnel, as well as Mr. Feeney, will be consulted on developing appropriate guidelines to preclude creating a dangerous situation when placing banners. Wayne Morris, 1139 El Camino Drive, Costa Mesa, reported that he previously complained to Council about actions of the Police Department regarding a stolen vehicle. He spoke of a recent incident wherein a bicycle left in his front yard had been turned over to the Police, the bicycle went unclaimed, and was subsequently offered to him to keep. Mr. Morris accepted the offer, and elaborated on his attempts to retrieve the bicycle from the Police. Larry Weichman; 1175 Boise Way, Costa Mesa, complained about prostitutes on Harbor Boulevard near the I-405 freeway, stating that they are now working days as well as evenings. He suggested that more aggressive steps be taken to eliminate the problem. Council Member Genis encouraged the local newspapers to assist by publishing the names of the men involved in any incidents. Nancy Palme, 1997 Kornat Drive, Costa Mesa, also expressed concern regarding the Harbor Boulevard problem. Mrs..Palme reported that the Mesa Consolidated Water District will be meeting on Thursday, November 9, 1995, at 7:00 p.m: She encouraged the community to become involved and attend the meetings. Heather Somers, 427 East 17th Street, -Suite 307, Costa Mesa, ,felt that the Water Board is out of control, and encouraged Council to attend, a meeting or two. Orange County Mrs. Somers reported on the Orange County Together Breakfast at Together Breakfast the Disneyland Hotel at which the City's Police Department received an award for their senior volunteer program; and resident, Mrs. Alvarez, received an award for work on the Shalimar Street cleanup project. She added that six Police Department members were recog- nized in the Daily Pilot's list of the 103 most influential citizens. West 19th Street Fritz Muders, 940 West 19th Street, Costa Mesa, disapproved of the Sidewalks sidewalk installation on West 19th Street. Mayor Erickson explained that several issues were involved, including safe passage for children on their way to school. The City Manager stated that a request regarding installation of sidewalks on West 19th Street had been received from residents in the Freedom Homes, Council approved the installation in phases, and City staff will be meeting with residents in the area to review the plans. Shopping Carts Dorothy Adams, 220 Amherst Road, Costa Mesa, commended the City Manager and Council for their actions regarding the shopping cart problem, and reported on the success of the newly instituted Water District program. She advised that the Mesa Consolidated Water District's Reservoir No. 2 Reservoir No. 2 is constructed on an earthquake fault, and asked about the City's liability. The City Manager responded that the extent of the City's involvement was to review and approve the hauling routes for material. excavated and brought to the site. The Deputy City Manager added that environmental clearance for the reservoir and the construction were exempt from the City's control. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 2, Reading Folder; and Item 7, Resolution finding an exemption from the ADA Accessibility Guidelines for temporary access ramps at Nutmeg Place/Harbor Boulevard. MOTION/Approved On motion by Mayor Pro Tem Buffa, seconded by Council Member Except Items 2 Hornbuckle, and carried 5-0, the remaining Consent Calendar items and 7 were approved as recommended. WRITTEN COMMU Resolution 95-86, A RESOLUTION OF THE CITY COUNCIL OF NICATIONS/Adopted THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING Resolution 95-86 RECORDS DESTRUCTION FOR THE CITY CLERK'S OFFICE Authorizing Clerk's OF THE CITY OF COSTA MESA PURSUANT TO ORDINANCE Records Destruction NO. 75-60, was adopted. WARRANTS Warrant Resolution 1609, funding City operating expenses in the Approved Warrant amount of $2,225,909.74; and Payroll 9520 for $1,341,653.15, were 1609; Payroll 9520 approved. Approved Warrant Warrant Resolution 1610, funding City operating expenses in the 1610; Payroll 9521 amount of $1,407,719.24; and Payroll 9521 for $1,320,874.45, were approved. ADMINISTRATIVE ACTIONS/Adopted Resolution 95-87, A RESOLUTION OF THE CITY COUNCIL OF Resolution 95-87, THE CITY OF COSTA MESA, CALIFORNIA, DESIGNATING Designating a DBE A DISADVANTAGED BUSINESS ENTERPRISES (DBE) Officer LIAISON OFFICER, was adopted. Adopted Resolution Resolution 95-88, A RESOLUTION OF THE CITY COUNCIL OF 95-88, Authorizing THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING Recovery of Disaster CERTAIN OFFICIALS OF THE CITY TO FILE APPLICATION Related Expenses WITH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES, for Federal Assistance to recover disaster related expenses, was adopted. Approved Banners for Vietnamese American Business Expo - USA 95 READING FOLDER Trailed Q -Club ABC License MOTION/Received and Processed Remaining Items Claims Alcoholic Beverage License Proposed Access Ramps for the Disabled at Harbor and Nutmeg A request from the Vietnamese American Business Expo - USA 95, 14541 Brookhurst Street, G-12, Westminster, to install 60 banners on portions of Bear Street, Sunflower Avenue, Bristol Street, and Fair Drive, from November 7 to December 10, 1995, was approved. Item 1 on the Consent Calendar was presented: Reading Folder. Council Member Genis felt that the Alcoholic Beverage License for the Q -Club & Cafe, 1525 Mesa Verde Drive East, No: 123-125, should be considered along with Public Hearing No. 4, Council Review of the Conditional Use Permit for the Q -Club. On motion by Council Member Hornbuckle, seconded by Mayor: Pro Tem Buffa, and carried 5-0, the remaining Reading Folder items were received and processed: Claims received by the Deputy City Clerk: Tammy Arrington; Eulalia Bor a; Dennis Chotenovsky; Leslee Davis; John M. Doughty; Kathleen Franklin; Jerry Guerin; Rod Jenkins; Fred and Glorea Lowrie; Liz McFarland; Pacific Bell; Lisa Rivera; Cihan Seyhun; Diane Fraser Strollo; Robert and Rebekah Tapie; and Michael Joe Wagner. Alcoholic Beverage License for which parking has been approved by the Planning staff: Jane Lai -Por and Wayne Yuen Chin, doing business as I Love Sushi, 2340 Harbor Boulevard. Item 7 on the Consent Calendar was presented: Resolution finding an exemption from the ADA Accessibility Guidelines and California Access Regulations for disabled persons, for proposed temporary access ramps for the disabled at the intersection of Nutmeg Place and Harbor Boulevard. Cathy Hilterbran, 2507 Christopher Lane, Costa Mesa, stated that the subject intersection is dangerous for the disabled, and temporary ramps will improve the situation. She noted that the signal light at Harbor Boulevard and Merrimac Way needs attention. Mayor Erickson asked the Public Services Director to review the signal at that location. Council Member Genis pointed out that the intersection at Harbor Boulevard and Nutmeg Place was recently reconfigured, the cross- walks were taken out, . and it is now illegal to cross at this intersection. The Public Services Director reported that a grant from the Measure M program is available to provide for the widening of Harbor Boulevard from Nutmeg Place southerly through the Baker Street intersection to approximately 500 feet south, and confirmed that the project should be completed by the end of 1996. Nancy Palme, 1997 Kornat Drive, Costa Mesa, speaking as a member of the Access Appeals Board, commented that both public transportation stops are on the southerly edge of the Fedco access and Nutmeg Place, and suggested eliminating any possible crossing on the northerly side. Greg Brown, 2501 Christopher Lane, Costa Mesa, commented that the traffic light at. Harbor Boulevard and Merrimac Way was not long enough to allow the disabled. to cross the street. Mayor Erickson asked the Public Services Director to keep Mr. Brown and Ms. Hilterbran informed as to the plans for this intersection. Mayor Erickson thought that fixing the intersection on a temporary basis may not be practical, and suggested advising disabled residents to cross Harbor Boulevard at a another location. Council Member Hornbuckle did not believe that the cost for temporary ramps was excessive. Responding to her question on when the project might commence, the Public Services Director stated that he could have a contractor on the job in two weeks. MOTION A motion was made by Council Member Hornbuckle, seconded by Adopted Resolution Mayor Pro Tem Buffa, to adopt Resolution 95-89, A RESOLUTION 95-89 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AN EXEMPTION FROM THE ADA ACCESSIBILITY GUIDELINES AND CALIFORNIA ACCESS REGULATIONS FOR DISABLED PERSONS, FOR THE PROPOSED ACCESS RAMPS FOR THE DISABLED AT THE INTERSECTION OF NUTMEG PLACE AND HARBOR BOULE- VARD, and to authorize the expenditure of $5,000.00 to retain a contractor to construct four temporary access ramps for disabled persons. Mayor Pro: Tem Buffa supported the motion because this location now presents a safety hazard for the disabled. Council Member Genis opposed the motion because the solution is temporary, and felt that the money would be better spent on permanent ADA improvements which are needed throughout the City. The motion carried 3-2, Council Members Erickson and Genis voting no. PUBLIC HEARING The Deputy City Clerk announced that this was time and place set Certificate of Public for the public hearing to consider a request for a modification to a Convenience for Certificate of Public Convenience and Necessity, to allow taxicab South Coast Cab pick-up and drop-off services within the City, from Sawas Roditis, doing business as South Coast Cab Company, 10700 West Katella Avenue, Unit C, Anaheim. No communications were received. All taxicab certificate holders were notified of the hearing pursuant to Municipal Code Section 9-243. The Assistant Finance Director reviewed the Agenda Report dated October 27, 1995, reporting that South Coast Cab Company is presently authorized to operate two vehicles and is requesting an increase to four. He advised that they are also asking permission to replace the two existing vehicles with newer models with an attendant increase in fares. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Council Approved Certificate Member Monahan, and carried 5-0, the modifications to the existing Modifications Certificate were approved subject to completion of vehicle safety inspections. Council Member Hornbuckle advised that she had asked the City Manager to continue his dialogue with the Orange County Transpor- tation Authority to determine if they will assume responsibility for taxicab operations in order to relieve individual cities, or as an alternative, perhaps consider delegating approval to a staff level. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Certificateof Public set for the public hearing to consider a request for a modification to Convenience for Rain- a Certificate of Public Convenience and Necessity, to allow taxicab bow Express Cab pick-up and drop-off services within the City, from Victor Ashna, doing business as Rainbow Express Cab Company, 10501 Florence Street, Cypress. No communications were received. All taxicab certificate holders. were notified of the hearing pursuant to Municipal Code Section 9-243. The Assistant Finance Director summarized the Agenda Report dated October 27, 1995, explaining that Rainbow Express Cab is requesting a decrease from five to four vehicles, replacing two with newer models, and increasing their fares. Nancy Palme, 1997 Kornat Drive, Costa Mesa, speaking as a member of the Access Appeals Board, mentioned that several citizens had complained that Rainbow Express Cab Company drivers park their vehicles in � spaces delegated for the handicapped. She suggested that. the City notify this company that they are not allowed to park in handicap -designated spaces. Mayor Erickson reported that the Police Department received information that some taxicab drivers have been: involved in' drug dealings; however, he was not implicating Rainbow Express Cab drivers. MOTION ( A motion was made by Council Member Genis, seconded by Continued to Council Member Hornbuckle, and carried 5-0, to continue this item November 20, 1995 to the meeting of November 20, 1995, requesting information from staff on Rainbow's cabs parking in handicap spaces. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place set Certificate of Public for the public hearing to consider a request for a modification to a Convenience for West Certificate of Public Convenience and Necessity, to allow taxicab Coast Cab pick-up and drop-off services within the City, from Hossein Nabati, doing business as West Coast Cab Company, 2406 South Main Street, Santa Ana. No communications were received. All taxicab certificate holders were notified of the hearing pursuant to Municipal Code Section 9-243. The Assistant Finance Director reviewed the Agenda Report dated October 27, 1995, stating that West Coast Cab is requesting a.decrease from five to two vehicles, upgrading the two vehicles with newer models, and increasing their fares. There being no speakers, the Mayor closed the public hearing MOTION On motion by Council Member Hornbuckle, seconded by Council Approved Certificate Member Monahan, and carried 5-0, the modifications to the existing Modifications Certificate were approved subject to completion of vehicle safety inspections, and stipulating that the company continue to operate under the name West Coast Cab until such time as litigation is settled regarding the ' use of the name A AAA Yellow Cab. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Council Review of set for the.public hearing to consider a request from Mayor Erickson PA -93-74A29 for Council Review of the Planning Commission's approval of Khalifeh/Les Planning Action PA -93-74A2, Mansour Khalifeh, authorized agent for Mark Les, for a conditional use permit for the Q -Club and Cafe to allow on-site consumption of beer and wine in conjunction with an existing restaurant and billiard facility located at 1525 Mesa Verde Drive East, No. 125, in a C1 zone. Environmental Determi- nation: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. No communications were received. Mayor Erickson explained that he had targeted this item because of the recommendation in the Police Department staff report which referred to crime at the Mesa Verde Center, and specifically noted the proliferation of liquor sales in that area, as well as in the entire City. The Deputy City Manager summarized the Agenda Report dated October 25, 1995, and showed photographs of the interior, exterior, and floor plan of the business. He explained that the Alcoholic Beverage Control law requires that gross sales for the food exceed gross sales for alcoholic beverages or the restaurant will not be classified as a "bona fide eating establishment". 1 11 Kris Proctor, attorney for the applicant, Rick Blake and Associates, 2700 North Main Street, Suite 1000, Santa Ana, challenged the definition of a "bona fide eating establishment", clarifying that it means a restaurant where patrons may eat during regular mealtime hours; and the conditions solicited from applicants ensures that the establishment remains a restaurant, complies with the law, and assures that ample amounts of food are available for consumption. She maintained that the - billiard parlor, which is part of the restaurant facility, is a family -type operation. Mark Les, 1808 Hummingbird Drive, Costa Mesa, landlord for the Q -Club and Cafe, reported that other tenants in the Center originally had expressed apprehension when the billiard parlor was proposed; however, they are now pleased by the upscale operation which has attracted a desirable clientele. He declared that almost all tenants in the Center support the addition of beer and wine service at the Club, noting that a clause,�rin the Club lease permits eviction should the Q -Club disturb other businesses. Mr. Les felt that offering beer and wine only by the glass would preclude excessive drinking. Mansour Khalifeh, 1555 Mesa Verde Drive East, Costa Mesa, owner of the Q -Club, reported that he is experienced in preparing Italian and American food and is the owner of the Center's Cheers Market, which is a successful .venture. He stated that his goal is to make the Q -Club an upscale business, and the purpose of adding beer and wine service is to promote the food. Heather Somers, 427 Fast 17th Street, Suite 307, Costa Mesa, provided an Alcoholic Beverage Control map which indicates liquor license percentage and crime rate, and demonstrates that the area in question has a high rate of on -sale liquor licenses. She asked that the maps be taken into consideration, and felt that a family -type establishment did not need to sell alcohol. Nancy Palme, 1997 Kornat Drive, Costa Mesa, speaking for the Board of Directors of Mesa Verde Homeowners Association, opposed alcoholic beverage service in this facility. She felt that the area is oversaturated with establishments that serve alcohol. Dorothy Adams, 220 Amherst Road, Costa Mesa, agreed with Mrs. Palme in opposing the sale of alcohol. Larry Weichman, 1175 Boise Way, Costa Mesa, commented that other family -type establishments serve alcohol, such as Chuck E Cheese. Kris Proctor answered a question from Council Member Monahan by confirming that the maximum number of persons allowed in this establishment is 180. She brought up the point that the issue comes down to a matter of choice, noting that there is a high concentration of liquor>licenses in the area because it is a business district. Lieutenant Kent reported that he met with the landlord and tenant to discuss future plans, and stated that the club caters more towards the family environment, noting that the focus is on food more than alcohol. He commented that the interior of the Q -Club is bright and does not have a bar -type atmosphere. There being no other speakers, the Mayor closed the public hearing. 333 4 MOTION Adopted Resolution 95-90 Approving PA -93-74A2 RECESS Public Hearing Reopened for Q -Club MOTION/Received and Processed ABC License for Q -Club PUBLIC HEARING Rates and Fees for Community Services Classes MOTION/Adopted Resolution 95-91 OLD BUSINESS Ordinance 95-17, Work on Streets by Public Agencies MOTION/Adopted Ordinance 95-17 A motion was made by Council Member Monahan, seconded by Mayor Pro Tem Buffa, and carried 3-2, Council Members Erickson and Genis voting no, to uphold the Planning Commission's approval of the Conditional Use Permit for the Q -Club and Cafe by adopting Resolution 95-90, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -93-74A2. Mayor Pro Tem Buffa commented that his support of the motion was based on the fact that the Mesa Verde Center has always been very well-managed and this particular tenant has obviously invested time, money, and effort, to create an upscale operation. Council Member Genisopposed the motion because she felt that the eating area was minimal, and there is no established record to determine that the main emphasis would be on the restaurant. The Mayor declared a recess at -8:50 p.m., and reconvened the meeting at 9:00 -p.m. After recess, the Mayor reopened the public hearing and presented Consent Calendar Item 2, Reading Folder, Alcoholic Beverage License for Mansour Khalifeh, doing business as Q -Club and Cafe, 1525 Mesa Verde Drive Fast, No. 123-125. There being no speakers, the Mayor closed the public hearing. On motion by Mayor Pro Tem Buffa, seconded by Council Member Monahan, and carried 5-0, the License for the Q -Club was received and processed. The Deputy City Clerk announced that this was the time and place set for the public hearing to consider a resolution establishing and adopting schedules of rates, fees, and charges for Community Services classes. The Recreation Superintendent summarized the Agenda Report dated October 27, 1995, reporting that the six continuing instructional classes slated for approval had inadvertently been omitted from the list of user fees approved at the October 2, 1995, Council meeting. Council Member Genis thought that Council should have final approval on the criteria for new classes. There being 'no speakers, the Mayor closed the public hearing. A motion was made by Council .Member Hornbuckle, seconded by Council Member Genis, and carried 5-0, to adopt Resolution 95-91, 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, excluding the new classes: Adult Tai-Ho-Jutsu; Adult Couple Communication; Children's Funk and Jazz Dancing; and Children's Mastery in Motion. The Deputy City Clerk presented from the meeting of October 16, 1995, second reading and adoption of Ordinance 95-17, establishing a deposit on bond requirements for permission to perform work on City streets by public agencies. On motion by Mayor Pro Tem Buffa, seconded by Council Member Genis, and carried 5-0, Ordinance 95-17, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 15-35 OF THE COSTA MESA MUNICIPAL CODE ESTABLISHING A DEPOSIT OF COSTS ON BOND REQUIREMENTS FOR PERMITS FOR C 1 WORK IN STREETS BY PUBLIC AGENCIES, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of October 16, Monthly Arrest 1995, a request for monthly reports from the Police Department on Reports arrests made in the City and their progression through the court system. The Administrative Services Commander summarized the Agenda Report dated .November 1, 1995, and reported that presently, the District Attorney's office does not possess the technology, resources, nor staff to comply with this request. Council Member Genis asked for verification that the Mothers Against Drunk Drivers compiled their own traffic statistics and asked for information regarding the source of their statistics. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, gave the following corrected figures for the Adult Part I Arrests on Page 5 of the Agenda Report: Total Part I Arrests, 2,498; and Percentage of Total Arrests 39.2 percent. She reviewed the figures for Police Department personnel, stating that there are 25 vacant budgeted nonsworn, part-time, sworn reserves, and full-time nonsworn personnel. She believed that the County is using their bankruptcy to excuse the District Attorney's inability to assist with her request, and did not believe that the information would be computerized next year, as reported. She suggested that the City take an aggressive stance to obtain the information from the County. Council Member Hornbuckle asked to what use Mrs. Feeney thought Council could direct this information. Mrs. Feeney replied that any information on plea-bargained cases, and the District Attorneys and judges who are lenient, could lead to a stronger judicial system. Council Member Hornbuckle thought that there should be other means to achieve the desired results that would be more effective. Mrs. Feeney acknowledged that her only concern is that which occurs in Costa Mesa, and felt that the City should take a stand. John Feeney, 1154 Dorset Lane, Costa Mesa, stated that the "catch and release" criminal justice system is frustrating for police officers. He believed that the proposed tracking would ensure accountability and would assist voters in making decisions. He stated that this tracking system would help to eliminate repeat offenders, at least in Costa Mesa. MOTION A motion was made by Council Member Genis, seconded by Mayor Directed Staff to Erickson, directing staff to commence tracking of criminal Track Crimes homicides, forcible rapes, and robberies; and to follow-up in the coming year on expanding this tracking system, if and when the District Attorney's office obtains the appropriate computer system. Council Member Hornbuckle opposed the motion because the staff who would be performing these duties already have full-time jobs, and she was concerned that the information obtained would not be meaningful in setting policy or providing good information to the public. She suggested having volunteers who are interested in this system perform their own tracking and make their findings public through the newspapers. Mayor Pro Tem Buffa thought that this effort would require an excessive amount of police personnel time. SUBSTITUTE A substitute motion was made by Council Member Monahan, MOTION seconded by Mayor Pro Tem Buffa, and carried 5-0, authorizing Authorized Staff staff to determine a representative sampling of crimes, to determine to Determine Crimes a representative time frame in which to track these crimes, to key 6 and Time Frame and Bring Back Decem- ber 4, 1995 OLD BUSINESS MIS Project Upgrades MOTION RFP 976 Awarded to Data General; RFP 977 Awarded to Mikon OLD BUSINESS 1996 Neighbors - for -Neighbors Cleanup MOTION Designated Paularino for Cleanup NEW BUSINESS Auto Dealer Paging Systems that information to the available information from the District Attorney's office as well as the time involved in collecting the data, and to bring this information back to Council at the meeting of December 4, 1995. Council Member Hornbuckle stated that even though she felt skeptical, she would support the substitute motion because she thought the process would be worth investigating. The Deputy City Clerk presented Management Information Systems (MIS) Project Upgrades: Request for Proposal (RFP) No. 976, provide and install computer cabling (fibre -optics and category 5 wire) to support a 350 work station Transmission Control Protocol/Internet Protocol (TCP/IP) Local Area Network (LAN) at the Civic Center Complex and 21 remote site City facilities. Request for Proposal (RFP) No. 977, provide and install hardware upgrades to the existing Public Safety Computer System; upgrades to encompass a new TCP/IP compatible Local Area Network (LAN), 80 new PC based work stations, 32 new printers, and the interface electronics to the existing DEC/VAX host Police -Fire Records Management computers. The Communications Director summarized the Agenda Report dated October 18, 1995. On motion by Council Member Hornbuckle, seconded by Council Member Monahan, and carried 5-0, RFP No. 976 was awarded to Data General Corporation, 2603 Main Street, Suite 400, Irvine, for $106,961.00; and RFP No. 977 was awarded to Mikon Computer Systems, 2461 West 205th Street, Suite B103, Torrance, for $341,425.00. The Deputy City Clerk presented a request to consider designating the Paularino Avenue area for Spring, 1996, Neighbors -for - Neighbors Community Cleanup. The Redevelopment and Housing Manager reviewed the Agenda Report dated November 6, 1995, noting that Mayor Erickson had been contacted by the Mesa North Homeowners Association who requested that the Spring; 1996, event be held in the Paularino Avenue area. Council Member Genis suggested obtaining block level statistics from the Department of Housing and Urban Development (HUD). The Redevelopment and Housing Manager replied that the City is in possession of block level data but will ask HUD about the availability of street level data. Larry Weichman, 1175 Boise Way, Costa Mesa, representing the Mesa North Homeowners Association, supported the City's proposed cleanup of this area, specifically Coolidge Avenue and Fillmore Way. He stated that the neighborhood is deteriorating, costing the City thousands of dollars in lost tax revenues, and the value of Mesa North homes is declining. A motion was.made by Mayor Pro Tem Buffa, seconded by Council Member Genis, and carried 5-0, to designate the Paularino Avenue area for the .Spring 1996 Neighbors -for -Neighbors Cleanup. The Deputy City Clerk presented a status report concerning auto- mobile dealer paging systems. A copy of a letter was received, which was sent by Linda Misorski, 393 Hamilton Street, No. N4, Costa Mesa, to Theodore Robins Ford, concerning their loud paging system. The Deputy City Manager/Development Services reviewed 1 the Agenda Report dated October 18, 1995, reporting that the Motor Car Dealers Association of Costa Mesa met on June 14, 1995, and agreed to self -impose regulations restricting use of outdoor paging systems, limiting use from 7:00 a.m, to 9:00 p.m., reducing volume levels, and considering use of automatic shutoffs at 9:00 p.m. He stated that one new complaint letter had been received as noted above, and Bob Robins has been contacted to deal with the situation. Council Member Genis thanked the auto dealers in the area of Baker Street and Adams Avenue for reducing the noise. Bob Robins, Theodore Robins Ford, 2060 Harbor Boulevard, Costa Mesa, commented that Theodore Robins is sensitive to their neighbors' concerns and is attempting to minimize the inconvenience by using an intercom system and a zone pager which reduces the amount of overall paging. He stated that they are cognizant of the problem and will work with the neighbors to achieve a solution. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, asked why overhead public address systems were used at all since personal pagers would be an improvement. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Directed Staff to Member Hornbuckle, and carried 5-0, directing staff to continue to Provide Status Report monitor the automobile dealers and to provide Council with a status report in six months. NEW BUSINESS The Deputy City Clerk presented a resolution of intention to approve Amendment to PERS . an amendment to the contract between the Public Employees' Contract Retirement System (PERS) Board and the City; and an ordinance approving an amendment to the contract between the City and the Board of the PERS system. The Personnel Services Director summarized the Agenda Report dated October 19, 1995, stating that the employer's share of the retirement contribution will be increased from 12.654 percent to 12.676 percent. MOTION On motion by Council Member Hornbuckle, seconded by Council Resolution 95-92 Member Genis, and carried 5-0, the following action was taken: Adopted; Ordinance 95-18 Given First Resolution 95-92, A RESOLUTION OF THE CITY COUNCIL Reading, OF THE CITY OF COSTA MESA, CALIFORNIA; RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF COSTA MESA, was adopted; and Ordinance 95-18, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF COSTA MESA AND THE BOARD OF `ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, was given first reading and passed to second reading. NEW BUSINESS The Deputy City Clerk presented the Costa Mesa Tennis Club Costa Mesa Tennis Evaluation Report; and a request from the concessionaire for Club Evaluation amendments to the existing agreement, including reduction in lease Report payments. Communications were received from Cathy Binnquist, owner of the Costa Mesa Tennis Club, 880 Junipero Drive, Costa Mesa, stating that she has read and accepted the evaluation report, and will continue to work with the Community Services Department; 37 MOTION Report Accepted NEW BUSINESS Capital Asset Fund MOTION/Approved Adjustment and Allo- cation for Parks, Capital Equipment, and Capital Rehabilitation NEW BUSINESS Operational Area Agreement and Thomas E. Kipp, Jr., MacNeal-Schwendler Corporation, 2975 Red Hill Avenue, Costa Mesa, commending the operator of the tennis club for her good work. The Recreation Superintendent reviewed the Agenda Report dated October 26, 1995. On motion by Council Member Genis, seconded by Council Member Monahan, and carried 5-0, the report was accepted; no action was required at this time on the concessionaire's request. The Deputy City Clerk presented the Capital Asset Fund, and Budget Adjustment No. 96-24 appropriating $16 million to the Capital Asset Fund, and budget allocations to various Capital Asset accounts as appropriate. The Finance Director reviewed the Agenda Report of October 27, 1995, stating that three major categories .were developed for possible allocation: park acquisition, development, and improvement; capital equipment, such as the computer Master Plan; and the capital rehabilitation account. She reported that a communication was received from the Parks, Recreation Facilities and Parkways Commission requesting priority funding to the parks category; and the Costa Mesa Police Association requested consideration to fund salaries and benefits. The City Manager and Finance Directorresponded to questions from Council. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, stated that the east side is deficient on park space, and asked that monies be set aside for that purpose. She related that the Newport -Mesa Unified School District's Monte Vista site, 390 Monte Vista Avenue, Costa Mesa, has been placed on the surplus property list, and there may be a request for a zone change so the site can be developed for residential use. She commented that many of the east side children play at Mariner's Park in Newport Beach, and asked that Council set aside funds for parks, for a full-time police bicycle patrol, and for a mobile substation unit. On motion by Council Member Hornbuckle, seconded by Mayor Pro Tem Buffa, and carried 5-0, the adjustment was approved, and authorization was given to divide the $16 million into thirds to be allocated to the park acquisition, development, and improvements account; the capital equipment account; and the capital rehabilitation account, with the' understanding that the allocations can .be changed in the future. The Deputy City Clerk presented the Operational Area Agreement of the County of Orange and Political Subdivisions, and the following recommendations: Designate a representative and alternate to serve as the Costa Mesa City Council representative to the Operational Area Council. Recommend that the Orange County Board of Supervisors study the reassignment for -earthquake incidents to the Fire and Rescue Mutual Aid Coordinator vice the Law Mutual Aid Coordinator. Recommend that the Orange County Board of Supervisors study the reassignment for Hazardous Materials incidents including oil spills to the Fire and Rescue Mutual Aid Coordinator vice the Public Works Mutual Aid Coordinator. The Communications Director reviewed the Agenda Report dated October -25, 1995; explaining that a reorganization is being effected to ease operation should there be an emergency. 1 J MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Appointed Monahan Genis, and carried 5-0, Council Member Monahan was appointed Representative; representative, and Council Member Hornbuckle appointed alternate, Hornbuckle Alternate to the Operational Area Council. MOTION/Approved On motion by Council Member Hornbuckle, seconded by Mayor Pro Agreement Tem Buffa, and carried 5-0, the Operational Area Agreement was approved, the Mayor an&Deputy City Clerk were authorized to sign on behalf of the City; and the two recommendations as listed above were approved. NEW BUSINESS The Deputy City Clerk presented a request from Mayor Pro Tem Review of Tourism Buffa for Council review of the Costa Mesa Tourism and Promotion and Promotion Board's decision to award an advertising contract to Lefebre Board's Advertising Advertising. Mayor Pro Tem Buffa was concerned because the Award Board had selected an agency in Anaheim to promote Costa Mesa, and also because a shift in emphasis to remold the image of Costa Mesa had occurred. �-, Per Council Member Hornbuckle's suggestion, the Mayor Pro Tem stated that he will express these concerns at the Tourism Board's next meeting. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORTS/Request Government Code Sections 54956.9(a); 54956.9(b)(1); 54956.9(c); for Closed. Session: 54957.6; and 54956.8 to discuss the following items: Costa Mesa Brown v. Amiran; Executive Deferred Compensation Plan, Melvin J. Brown, et al. v. Ahadpour v. City; Ron Amiran, et al., Los Angeles Superior Court Case No. CA 601 - Doty Litigation; 055; Doris Ahadpour v. City of Costa Mesa, Orange County Police Association; Superior Court Case No. 73-92-05; consider whether to initiate Slater v. City; and litigation regarding default on a loan agreement by Janet Doty, 1592 Scarcello v. City Riverside Drive, Costa Mesa; negotiations with the Costa Mesa Police Association; threat of litigation, Slater v. City of Costa Mesa; and status report on settlement negotiations in Scarcello v. City of Costa Mesa, Orange County Superior Court Case No. 71 82 79. Mayor Erickson announced that closed session would be held at the completion of regular business. The City Attorney acknowledged that the issues regarding Ahadpour v. City and Janet Doty could be discussed in open session. CITY ATTORNEY'S The City Attorney presented Doris Ahadpour v. City of Costa Mesa, REPORT/Ahadpour Orange County Superior Court Case No. 73-92-05, and referred to V. City the Assistant City Attorney's confidential memorandum dated October 25, 1995. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Accepted Settlement Tem Buffa, and carried 5-0, the plaintiff's offer of settlement as Offer outlined in the confidential memorandum was accepted. CITY ATTORNEY'S The City Attorney requested Council to consider whether to initiate REPORT litigation regarding default on a loan agreement by Janet Doty Litigation Doty, 1592 Riverside Drive, Costa Mesa, and referred to his confidential memorandum dated October 20, 1995. MOTION/Authorized On motion by Mayor Pro Tem Buffa, seconded by Council Member City Attorney to Genis, and carried 5-0, the City Attorney was authorized to Commence Litigation commence litigation per the confidential memorandum. CITY MANAGER'S The City Manager presented his report regarding City Council REPORT/Council community objectives 1995-1996 first quarter results, and asked the 1995-96 Objectives Finance Director to provide a brief summary. The City Manager reviewed his Agenda Report dated October 27, 1995. A question and answer period ensued. Council Member Genis mentioned that 40 MOTION Received and Filed Report COUNCIL COMMENTS/Bona Fide Establishment Landfill Purchase County Charter Wintergreen Hearing (PA -95-42) Palme Resignation Investment Over- sight Committee Fairview Volunteers Orange County Together Award Mayor's Office Hours ADJOURNMENT TO CLOSED SESSION MEETING RECONVENED MOTION/Authorized City Attorney .to Settle Claims in Brown v. Amiran MOTION/Gave Directions Regarding Police Association she would like the City to realize cost recovery on code enforcement, whether it be through a fine or a fee for repeat offenders, 'not only for attorney's expenses but for the code enforcement officers. The City Attorney responded that it requires a court order to have costs refunded, and stated that presently, this is a standard procedure. Mayor Pro Tem Buffa asked that crime statistics be reported in terms. of every 100,000 in population. On motion by Council Member Hornbuckle, seconded by Council Member Monahan, and carried 5-0, the report was received and filed. Council Member Genis asked for clarification on the Alcoholic Beverage Control's definition of a "bona fide eating establishment". The City Attorney replied that he would provide that information in two weeks. She mentioned that the Sanitation District may purchase some landfills, and expressed concern because the City does not have representation on the Sanitary District Board. She requested that ,the 'City monitor this situation, and perhaps broach the subject at the California League of Cities. Council Member Genis announced that the County Charter Commission has completed its work, and the charter will be considered by the Board of Supervisors on Tuesday evening, November 28, 1995. She reviewed her concerns regarding the new charter. Council Member Genis alluded to the public hearing on October 16, 1995, regarding Planning Action PA -95-42, the Wintergreen Place senior facility. She staunchly defended Council ethics in relation to conflict of interest, and expressed her belief in ethical and accountable government and a strong system of checks and balances. Mayor Erickson expressed regret at the announcement by John Palme that he will resign as chairman of the Planning Commission, effective November 15, 1995. He asked the City Manager to begin advertising for a replacement. He commented that Council Member Monahan, the City Manager, and himself, met with the Investment Oversight Committee, and complimented Council on the high quality of this group. The Mayor reported that patients from Fairview Developmental Center had recently toured City Hall, and indicated that the Center is in need of volunteers. He congratulated the Police Department on winning the Orange County Together award, along with Maria Alvarez,.a resident of Shalimar Drive. He announced that the Mayor's office hours on Wednesday evening will be discontinued for the balance of the year. At 11:15 p.m., the Mayor adjourned the meeting to a closed session in the first floor Conference Room to discuss the items previously announced by the City Attorney. The Mayor reconvened the meeting at 12:10 a.m., and the action taken during closed session was announced. Regarding Costa Mesa Executive Deferred Compensation Plan, Melvin J. Brown, et al. v. Ron ,Amiran, et al., Los Angeles Superior Court Case No. CA 601-055, by a vote of 5-0, the City Attorney was authorized to settle with the plan claimants as detailed in his confidential memorandum dated October 18, 1995. Regarding negotiations with the Costa Mesa Police Association, by a vote of 3-2, Council Members Buffa and Monahan voting no, Council 'gave directions to negotiators, the City Manager and Personnel Services Director. 1 No Action Taken in In Slater v. City of Costa Mesa (threat of litigation), no action was Slater v. City taken. MOTION In Scarcello v. City of Costa Mesa, Orange County Superior Court Directions Given in Case No. 71 82 79, by a vote of 5-0, Council gave directions on Scarcello v. City. settlement negotiations, and the Mayor and City Manager will attend the Mandatory Settlement Conference on November 3, 1995. ADJOURNMENT The Mayor declared the meeting adjourned at 12:15 a.m. Ma of the City of Costa Mesa ATTEST: of the City of Costa Mesa