Loading...
HomeMy WebLinkAbout12/04/1995 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 4, 1995 The City Council of the City of Costa Mesa, California, met in regular session December 4, 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 Mayor Pro Tem Buffa, and invocation by the Reverend Steve Iseman, First United Methodist Church. ROLL CALL Council Members Present: Mayor Joe Erickson Mayor Pro Tem Peter Buffa Council Member Mary Hornbuckle " - Council Member Sandra Genis = Council Member Gary Monahan. Council Members Absent: None 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 Lieutenant Alan Kent Assistant to the City Manager Ann Gyben Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council Member November 6 and 20, Hornbuckle, and carried 5-0, the minutes of the regular meetings of 1995 November 6 and 20, 1995, were approved as distributed. ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by Council RESOLUTIONS Member Monahan, and carried 5-0, to read all ordinances and resolutions by title only. NEIGHBORHOOD Mayor Pro Tem Buffa announced that the following Neighborhood WATCH PROGRAM Watch meetings had been held in November, 1995: Phil and Juan Miller, Aliso Avenue, November 7; Caroline Covault; East 19th Street, November 9; Richard and Elaine Smith, Walnut Street, November 14; and Michael and Dana O'Dell, Costa Mesa Street, November 16. Mayor Erickson thanked the residents who had hosted these meetings. PRESENTATION Nicole Dennis, 2382 Carlton Place, Costa Mesa, representing the Alternative Education Alternative Education Center at Monte Vista High School, stated that Center Report she is the student representative to the Board of Education, and Vice President in charge of hospitality for the Parent Teacher Student Association (PTSA). She reported on the school's Community Service Program which enables students to volunteer at over 20 sites in Costa Mesa and Newport Beach; introduced Saudiel Torres, along with his father, who has been honored for outstanding volunteer service; and detailed a grant received for the school's Computer Laboratory from the Newport -Mesa Unified School District which will enable students to create projects and develop autobiographical 1 _ 55 work. Miss Dennis introduced her mother, and Mayor Erickson recognized Dr. Cheryle Markel, a student advisor for Monte Vista. ANNOUNCEMENT Mayor Erickson announced that New Business No. 1, request from the Orange County Performing Arts Center to install 150 banners, will be continued to the meeting of December 18, 1995; and New Business No: 3(a), request from the Newport -Mesa Unified School District to change the land use designation at 390 Monte Vista Avenue, will be continued to the meeting January 15, 1996. He also announced, in connection with New Business No. 3(a), that a hearing will be held on January 2, 1996, to discuss the City's interest in purchasing the Monte Vista property for use as park land. ORAL COMMUNI- Jimmy Kawato, 1547-A Wintergreen Place, Costa Mesa, addressed CATIONS" an amendment to the Conditional Use Permit (CUP) for Planning Action PA -95-42, a senior facility at 1565 Wintergreen Place, which Wintergreen Place would add a seconds story and delete the condition limiting the Facility, PA -95-42 number of nonambulatory residents. He pointed out that non- ambulatory persons require significantly more space for wheelchairs, equipment, and additional staff, and noted that the original CUP was issued on the premise of control based upon conditions. Mr. Kawato urged the City not to allow the facility as proposed, and requested that the original CUP be suspended until complete and final plans are available. The Deputy City Manager/Development Services confirmed that a public hearing will be held by the Planning Commission at its meeting of December 11, 1995, regarding the CUP amendment. Banner Regulations John Feeney, 1154 Dorset Lane, Costa Mesa, referred to his statements at the November 6, 1995, Council meeting in which he addressed a public safety and fire hazard issue as written into the new sign ordinance concerning banners. He stated that the ordinance indicates that banners must be securely affixed to the building wall of the business being advertised or to a free-standing sign, and indicated that approximately 90 percent of free-standing signs are electrical and banners are composed of combustible materials which would create a violation of the National Electrical Code. Mr. Feeney reported that staff had indicated modification of the ordinance would not be necessary because this subject is covered in the Uniform Building Code, National Electrical Code, etc.; however, he felt that a business person probably would not research technical codes before installing a banner. He suggested providing businesses with instructions indicating that banners may not be directly attached to, nor allowed to come in contact with, electrical signs. The City Manager concurred that an informational piece should be provided which addresses the proper installation of banners. Fair Drive/ Cindy Mannella, 188 Fairwinds Lane, Costa Mesa, representing Fairview Road local residents who previously submitted a petition encouraging the Property purchase and development of the Exxon property at the corner of Fair Drive and Fairview Road, suggested that the City purchase the property to be developed into a landscaped park with grass and trees and a fountain, statue, or plaque of dedication on the corner welcoming residents and visitors to the center of Costa Mesa. She commented that the residents would like to see continued beautifica- tion of all areas of Costa Mesa, especially the parks and open spaces. She observed that since this property was abandoned more than three years ago, general cleanup has occurred; however, the building and the surrounding fencing have remained an eyesore. Mayor Erickson noted for the record that he and Ms. Mannella had 56 previously discussed this problem. The City Manager suggested that this concept should be addressed at the meeting of December 18, 1995, at which time the Parks Open Space Master Plan will be discussed. AQMD Update Larry Rhinehart, Intergovernmental Affairs Director at South Coast Air Quality Management District (AQMD), 21865 East Copley Drive, Diamond Bar, gave a brief update on changes at the AQMD, stating that the Board has a new chairman, Supervisor John,Michaels from San Bernardino County, and several new board members have been added. He provided Council with informational packets for review, noting the significant points of the Business Clean Air Partnership document.- Costa ocument. Costa Mesa Histori- 'Gladys Refakes, 320 Magnolia Street, Costa Mesa, representing the cal Society Costa Mesa Historical Society, expressed appreciation to Council for their support of the preservation of historical buildings within the 'City. She gave Council a copy of the Society's philosophy state- ments regarding the preservation of historical sites, and, used the Estancia Adobe as an example of successful preservation. Ms. Refakes welcomed the public to visit the Historical Society, 1870 Anaheim Avenue, every Thursday from 10:00 a.m. to 3:00 p.m. Scavenging Grant Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, ,referred to a December 1, 1995, article which appeared in the Los ;Angeles Times newspaper regarding a grant awarded to the City of 'Irvine to combat scavenging. She reported that in Orange County, ,waste haulers lose $1 million a year to scavenging, and the City of Irvine estimates that they lose approximately $10,000.00 a month. 'She asked if there is a person within the City who explores grant writing: The City Manager responded that individuals in each department, in addition to their regular duties, are responsible for grant applications. He noted that the City's track record for ,obtaining outside funding is very good. Regarding the subject grant, the Public Services Director added that the City worked with the Costa Mesa Sanitary District and submitted an application; however, Costa Mesa did not meet the criteria. Police Department Bruce MacDonald, a homeless person, complained about his treat - Complaint ment by the Costa Mesa Police Department, and addressed several Costa Mesa Municipal Code sections which he felt were directed against the homeless. 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: Debora Lyn Bowman; Linda Bullard; California Community News Corporation; Sabrina Combs; Dennis Lee- Davidow; Craig Fisher; Les Fisher; Joni Frumkin, on behalf of her son, Robert Frumkin, a minor; Anjanette Gan; Joan M. Lovin; Bill Munce; Katia Powers; Andrew Q. Santos; Daina. Sher; Southern' California Edison Company; Kimberly Lynn Tarnutzer; Marsha Howard Voss; and Linda Zeigler. Alcoholic Beverage Alcoholic Beverage Licenses for which parking has been approved Licenses by the Planning staff: Harp Holdings, Inc., doing business as Durty Nellies, 2915 Red Hill Avenue; Matavos M. Davoodian, doing business as Cappuccino Coffeehouse and Cafe, 3200 Bristol Street, Suite 120; KCM Deli, Ltd., doing business as Kaplans, 3211 Harbor Boulevard; and Su Y. Huynh and Hung Q. Nguyen, doing business as Shell Oil (mini -market), 2249 Harbor Boulevard. WARRANTS Warrant Resolution 1612, funding City operating expenses in the Approved Warrant amount of $989,470.13; and Payroll 9523 for $1,301,427.02, were 1612; Payroll 9523 approved. REJECTED CLAIMS The following claims were rejected: Robert W. Foster and Stephen D. Campbell (accident at Wilson Park). Annie Slater (incident at South Coast Plaza). ADMINISTRATIVE An agreement with Zeiser Kling Consultants, Inc., 3187 Red Hill ACTIONS/Approved Avenue, Suite 135, Costa Mesa, in an amount not to exceed Agreement with $50,000.00, for the 1996 annual contract for construction testing of Zeiser Kling for capital improvement projects, was approved, and the Mayor and Construction Testing Deputy City Clerk were authorized to sign on behalf of the City. Accepted Work by Soccer Field Lighting at TeWinkle Intermediate School was Building Energy completed to the satisfaction of the Community Services Director on Consultants for November 6, 1995, by Building Energy Consultants, 1320 West Soccer Field Lighting Tefft Street, Nipomo. The work was accepted; the Deputy City at TeWinkle School Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. PUBLIC HEARINGS The Deputy City Clerk announced the public hearings, continued Appeal of PA -93-17/ from the meeting of November 20, 1995, to consider the following: RA -93-02; and Appeal of PA -95-40/ Appeal of the Planning Commission's conditions of approval for RA -95-04, Empire . Planning Action PA -93-17, Redevelopment Action RA -93-02, Ballroom from Jack Litt, Empire Ballroom, to consider review, modifica- tion, or revocation of a minor conditional use permit, for a 15,000 -square -foot nightclub with a dance floor and billiard tables; and conditional use permits for offset hours of operation for support office area and valet parking, located at 640 West 17th Street in an MG zone. Environmental Determination: Negative Declaration previously adopted. Appeal of the Planning Commission's conditions of approval for Planning Action PA -95-40, Redevelopment Action RA -95-04, from -Jack Litt, representing Deborah Moch/Empire Ballroom, 640 West 17th Street, Costa Mesa, authorized agent for Atari Corpora- tion/Staples, for a conditional use permit to allow off-site parking on Thursday, Friday, and Saturday evenings at Staples, 620 West 17th Street, in a C1 zone. Environmental Determination: Exempt. Two communications were received from Ted Purcell, Purcell & Associates, 620' Newport Center Drive, Suite 450, Newport Beach, attorney for the Empire Ballroom, the first summarizing the issues appealed by Empire, and the second responding to the report and videotape prepared by the Police Department. A letter was received from Jeff and Karen Martin, 589 Park Drive, Costa Mesa, objecting to the disturbances caused by the Empire Ballroom patrons. The 5 Deputy City Manager/Development Services reviewed the Agenda Reports dated November 8, 1995. The Police Lieutenant made a brief presentation regarding incidents which have occurred at the Empire in the last two weeks, and reported that management at this establishment has not -made an effort to keep in touch with the Police Department in an attempt to resolve their problems. He responded to questions from Council: Ted Purcell, attorney for Empire Ballroom, stated that Costa Mesa Police Department officers had refused to meet with representatives of Empire while hearings were pending. He explained that Empire is not proposing to expand its operation but only complying with the City's request to provide additional parking. He reported that the building is soundproofed and an attempt is being made to keep the doors closed at all times to minimize noise. He asked Council to reevaluate the Conditions of Approval which address patrons parking on public streets, the expiration date of March 30, 1996, for the Conditional Use Permit, and the days and hours of operation. Mr. Purcell detailed the efforts expended by Empire to alleviate impact on the neighborhood, which includes sending persons on a regular basis to clean up litter and debris, placing security people on properties to thwart illegal parking, and responding to complaints and suggestions from persons in the neighborhood. Butch Rillera, 6131 Navajo Road, Westminster, Empire Ballroom General Manager, responded to questions from Council by explaining the personnel policy, reiterating that the Police Department were riot cooperative, and noting Empire's attempts to alleviate problems by hiring outside security to patrol neighboring businesses and pick up trash. He clarified several specific situations. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, provided ABC maps which were shown on the overhead projector and illustrate the area around 19th Street and Newport Boulevard southward which, she emphasized, has a high concentration of on - and off-site liquor sales, and correspondingly, a high rate of crime. She pointed out the location of the Empire Ballroom within this area, and asked that the situation be resolved by asking Empire to vacate. Mark Korando, 582 Park Drive, Costa Mesa, representing several homeowners in the area, stated that the crux of the problem is the impact created by the Empire Ballroom's patrons parking on public streets, and the. associated problems of noise, trash, drug paraphernalia, car alarms, etc. He complained that the Police Department concentrates on this area instead of diversifying throughout the City: He clarified that the numbers on the right hand side of the Resident's Parking Survey, Page 60 of the Agenda Report, had been provided by the Police Department to confirm the veracity of the report. Council Member Hornbuckle suggested that permit parking might help to alleviate some of the above noted problems. Ted Purcell thought that permit parking could help, but felt that Empire should not be held responsible for the misdeeds of individuals. There being no other speakers, the Mayor closed the public hearing. Motion to Approve A motion was made by Mayor Pro Tem Buffa to adopt the resolu- PA-93-17/RA-93-02 tion approving Planning Action PA-93-17/Redevelopment Action Died i RA -93-02, subject to conditions and findings, modifying Condition 1 t 59 of Approval No. 5 by changing the closing hour to 3:00 a.m., adding the condition that nationally observed holidays are available to the applicant to be open for business. The motion died for lack of a second. MOTION On motion by Council Member Monahan, seconded by Council Adopted Resolution Member Genis, and carried 4-1, Mayor Pro Tem Buffa voting no, 95-97 Revoking Resolution 95-97, A RESOLUTION OF THE CITY COUNCIL OF PA-93-17/RA-93-02 THE CITY OF COSTA MESA, CALIFORNIA, REVOKING PLANNING ACTION PA-93-17/REDEVELOPMENT ACTION RA -93-02, was adopted, with the closure to be effected within 60 days, based on Findings A and B contained in Exhibit A of the resolution that, "A. The nightclub constitutes a public nuisance which is not substantially compatible with developments in the same general area and is materially detrimental to other properties within the area due to the generation of public nuisances by patrons parking on surrounding commercial and industrial properties as well as within neighboring residential areas. Specifically, evidence in the record shows complaints have been received regarding patrons generating excessive traffic, parking congestion and noise in residential areas as late as 2:00 or 3:00 a.m. as well as patrons littering, vomiting, urinating, and conducting sexual activities on and adjacent to private properties; and B. The nightclub is materially detrimental to health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood because the use is in violation of the Conditions of Approval and Code requirements and, therefore, is in violation of Zoning Codes. Specifically, the Conditions of Approval require that the business be conducted at all times in a manner allowing for the quiet enjoyment of the surrounding neighborhood, which it has failed to do." Council Member Genis took exception to the comment by Mr. Purcell that the Empire Ballroom could not be held responsible for the misdeeds of individuals. Council Member Hornbuckle commented that she had observed the .walk-on traffic at the Empire Ballroom, and expressed concern that there does not seem to be enough parking on the site nor on the property which they are proposing to use. She stated that her preference would be to offer them an opportunity to obtain additional parking spaces in the area. Mayor Pro Tem Buffa opposed the motion because thought that the applicant should have an opportunity to determine if the expanded parking would alleviate the problem. MOTION On motion by Council Member Monahan, seconded by Council Adopted Resolution Member Genis, and carried 4-1, Council Member Buffa voting no, 95-98 Denying Resolution 95-98, A RESOLUTION OF THE CITY COUNCIL OF PA-95-40/RA-95-04 THE CITY OF COSTA MESA, CALIFORNIA, DENYING PLANNING ACTION PA-95-40/REDEVELOPMENT ACTION RA -95-04, was adopted, based on the findings listed in Exhibit A. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Review of DA -94-01, set for the public hearing to consider the Annual Review of Automobile Club Development Agreement DA -94-01 with Interinsurance Exchange of the Automobile Club of Southern California. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager/Development Services summarized the Agenda Report dated November 14, 1995. Lee Sward, 3333 Fairview Road,. Costa Mesa, representing the Automobile Club, responded to Council Member -Hornbuckle by stating that the new office was being built on schedule, with a completion date for the exterior of approximately September, .1996. There being no other speakers, the Mayor closed the public hearing. MOTION/Determined A motion was made by Mayor Pro Tem Buffa, seconded. by Council Auto Club Demon- Member Hornbuckle, and carried 5-0, finding that the,Automobile strated Good Faith Club has demonstrated good faith compliance with the terms and Compliance provisions of the development agreement. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Residential Real set for the public hearing to consider an ordinance regarding Estate Signs residential real estate signs, and adding clarifying wording to Sign Regulations. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager reviewed the Agenda Report dated November 22, 1995, noting that Page 7 contained the entire new section for real estate signs in residential zones, basically allowing the "for sale" sign in front of a. house, one open house sign, and directional signs that would lead people to an open house on the streets leading from a major arterial street. He reported that the proposed ordinance has been reviewed by real estate industry personnel, and their input and approval has been received. He and the City -Attorney responded to questions from Council. Tom Sutro, 2956 Pemba Drive, Costa Mesa, reported that a number of persons on the sign committee had reviewed the ordinance and felt that it is fair and will work well. He stated his opposition to the placement of real estate signs on poles and trees and in the medians. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, objected to allowing real estate signs to be placed in the public right- of-way, pointing out that the City of Irvine does not allow these signs anywhere except 'on the property. She commented that she would like to see the City cleaned up, and asked Council to prohibit posting signs in the right-of-way. John Feeney, 1154 Dorset Lane, Costa Mesa, objected to the proposed ordinance regulating sign content, and thought that the Outdoor Advertising Association would erect signs in spite of the rules. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, wondered why the real estate examination did not contain questions regarding the public right-of-way. She opposed giving exception to one group of people over others. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Ordinance 95-19 Tem Buffa, and carried 4-1, Council Member Genic voting no, Given First Reading Ordinance 95-19, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 13-956 AND 13=968 OF THE COSTA MESA MUNICIPAL CODE, REGARDING RESIDENTIAL REAL ESTATE SIGNS, AND ADDING CLARIFYING WORDING TO SIGN REGULATIONS IN SECTION 13-956, was given first reading and passed to second reading. Council Member Genis provided the following reasons for opposing the motion: (1) it constitutes a gift of public resources in that testimony has been heard at previous hearings on this issue that the value of a sign in the public right-of-way exceeds the value of an advertisement in the newspaper, and, therefore, it is of substantial value and that constitutes a gift of public resources; (2) it would be unconstitutional to the extent that it is discriminatory, favoring one group over others; (3) the finding for this ordinance that there has been a historic use of public right-of-way for real estate signs overlooks the fact that there is also a historic traditional use of public right-of-way for garage sale signs, lost dog signs, special events, and so forth; and (4) it is an unconstitutional regulation of content, since it must pertain to real estate and cannot have content pertaining to any other product or service. RECESS The Mayor declared a recess at 8:45 p.m., and reconvened the meeting at 9:00 p., OLD BUSINESS The Deputy City Clerk presented from the meeting of November 20, Club Mesa ABC 1995, Alcoholic Beverage Control (ABC) license for Club Mesa, License 843 West 19th Street. The City Manager summarized the Agenda Report dated November 30, 1995, reporting that a letter had been forwarded to the ABC expressing concern regarding the overconcen- tration of alcohol outlets on West 19th Street, and the west side in general. Pat Lester, 264 Brentwood Place, Costa Mesa, commented that patrons from bars in the West 19th Street area use his shopping center for parking. He stated that he was instrumental in the establishment of the Costa Mesa Job Center, and recently made a citizens arrest of neighbors who were rowdy. Mayor Erickson related that the Police Department had expressed concern regarding Club Mesa, and noted for the record that he and Mr. Lester had previously discussed some of the activities in the center. The Police Lieutenant referred to his report dated November 22, 1995, which includes all calls for service for the entire commercial complex at 843 West 19th Street. He reported that the area has several bars, and commented on the problems with the management of Club Mesa. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, referred to the map she had presented earlier which reflected a high level of crime and a high level of on- and off-site alcohol sales in the subject area. She asked Council to deny the upcoming live entertainment permit, and to investigate redevelopment of this area to attract more desirable businesses. MOTION A motion was made by Council Member Hornbuckle, seconded by Approved Forwarding Council Member Genis, and carried 5-0, to forward a strongly Letter to ABC worded letter to the ABC which expresses the City's concern regarding the concentration of establishments serving alcoholic beverages on 19th Street and in the general area, and to ask the Planning Commission to review the Public Entertainment Permit. Council Member Monahan supported the motion but pointed out that this is merely a change of ownership for this establishment, and suggested that the new owner may employ a more competent management staff. The City Manager proposed to advise Council and Mr. Lester of the date the Planning Commission will consider the Public Entertainment Permit. NEW BUSINESS The Deputy City Clerk presented a request from the Orange County Performing Arts Performing Arts Center to install 150 dual banners on light poles on Center Banner Bear and Bristol Streets, Sunflower Avenue, Avenue of the Arts, Request and Town Center and Park Center Drives, from March 1 to June 1, 1996, in celebration of their 10th anniversary. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Continued to Monahan, and carried 5-0,- the banner request was continued to the December 18, 1995 meeting of December 18, 1995, so that additional information could be obtained. NEW BUSINESS The Deputy City Clerk presented an agreement with Orange County Orange County Human Relations Council, 1300 South Grand Avenue, Building B, Human Relations Santa Ana. The Assistant to the City Manager summarized the Council Agreement Agenda Report dated November 27, 1995. In response to a question from Council Member. Genis, the Assistant indicated that tenant/landlord disputes are currently being satisfactorily handled under a contract with the Fair Housing Council. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, provided a handout to Council which indicated that the total 1995-96 adopted budget for the Orange County Human Relations Council is $259,758.00, and of that amount $106,493.00 is given to the Council from the net Orange County General Fund. She remarked that the City has a Human Relations Committee which is currently doing an outstanding job in the community, and is offended that HumanRelations Council, which is funded through the Board of Supervisors, is asking for more money from the City. John Feeney, 1154 Dorset Lane, Costa Mesa, related incidents wherein he had contacted the Human Relations Council to advise them of situations upon which they should have acted, but did not. He stated that this group is neither fair-minded nor objective, and the City's committee -is balanced and willing to listen. MOTION A motion was made by Council Member Genis, seconded by Mayor Agreement Rejected Pro Tem Buffa, and carried 4-1, Council Member Hornbuckle voting no, not to enter into the agreement with the Orange County Human Relations Council. Council Member Hornbuckle opposed the motion because she felt that the Human Relations Council had provided services for the City over the years, and their County funding had been cut drastically. She reported that the Council had assisted the City in setting up its Human Relations Committee, and has continued to be a support system. Council Member Monahan supported the motion because he had originally opposed budgeting for this item. Council Member Genis opposed the agreement because the Human Relations Council had chosen not to seek funds through the City's grant program, and felt that the agreement was very unprofessional. NEW BUSINESS The Deputy City Clerk presented a request to process a General Plan General Plan Amend- Amendment from Mark Rogers, for Carolyn Stocker, Newport -Mesa ment Request from Unified School District, to change the land use designation at 390 Newport -Mesa Uni- Monte Vista Avenue (6.25 acres at the northwest corner of Irvine fled School District and Monte Vista Avenues) from Public and Semi-public to Medium Density Residential. A communication was received from Carolyn Stocker, 2985-A Bear Street, Costa Mesa, requesting a continuance to January 15, 1996. Mayor Erickson reiterated that a meeting will be held on January 2, 1996, to discuss the City's interest in purchasing the Monte Vista site for use as park land. He indicated that there had been discussion regarding a letter to be drafted and sent to the Newport -Mesa Unified School District Board regarding various items, one being the City's interpretation of the Naylor Act. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Continued to Genis, and carried 5-0, this item was continued to the meeting of January 15, 1996 January 15, 1996. General Plan Amend- The Deputy City Clerk presented a request to process a General Plan ment Request from Amendment from James W. Ray, Sibling Associates I, to change the Ray/Sibling land use designation at 1262 Bristol Street (2.4 acres to the west and Associates I rear of the Acapulco Restaurant) from General Commercial to Medium Density Residential. The Deputy City Manager summarized the Agenda Report dated November 29, 1995, and reported that the request meets Council's requirement of reducing traffic impacts, specifically decreasing trips per day from a potential of 1,400 if it is..developed for commercial use, to 280 if it is developed for residential use. He mentioned that there might be some incompatibility with the restaurant on the site, and suggested that the study be for the entire site, including the restaurant. John Petry, representing James W. and Michael D. Ray, informed Council that they met with staff several times and are in the process of addressing a number of concerns. He acknowledged that they are investigating solutions to the problem of the proximity of residences to the restaurant by looking at setback variations, landscaping proposals, 8 -foot block walls, and a limitation on outside dining. MOTION A motion was made by Council Member Monahan, seconded by Accepted GPA for Council Member Genis, and carried 5-0, to accept the General Plan Processing Amendment request for processing, and to direct staff to consider the entire property at 1262 Bristol Street. Council Member Hornbuckle expressed her reluctance to change the entire property to residential use since Bristol Street in that general vicinity will be widened at some point. .She was concerned about the traffic impact on Bristol Street when the 73 Freeway is opened up in South County. NEW BUSINESS The Deputy City Clerk presented City Attorney's Report No. 95 - Ordinance Regulating 112a; and an ordinance amending Sections 12-20, 12-23, and 12-45, -Conduct in Parks and and repealing Sections 12-21, 12-22, 12-33, 12-34, 12-35, 12-371 Recreation Facilities 12-40, 12-41, and 12-50 of Title 12 of the Costa Mesa Municipal Code pertaining to regulation of conduct in parks and recreation facilities. The City Attorney reviewed his report dated November 28, 1995. At the request of Council Member Genis, he agreed to include feral animals in Section 12-10(a)(12), "...except that abandoned wild or exotic animal let loose...". Mayor Pro Tem Buffa corrected Section 12-45(b), last sentence, replacing the word "gold" with "golf", as follows, "This section shallnot apply to playing of golf... ". The City Attorney assured Council Member Hornbuckle that Page 4 of the ordinance, which is incomplete, will be finished prior to Commission review. MOTION On motion by Council Member Hornbuckle, seconded by Council Forwarded to Parks Member Monahan, and carried 5-0, the ordinance was forwarded to Commission the Parks, Recreation Facilities and Parkways Commission for consideration. CITY ATTORNEY'S The City Attorney reported that the City's Proof of Claims regarding REPORT/Orange the Orange County bankruptcy was filed with the court on Thursday; County- Bankruptcy November 30, 1995. CITY MANAGER'S The City Manager presented a resolution establishing the rates of REPORT/Rates of pay for sworn police personnel. The Personnel Services Manager Pay for Police reviewed the Agenda Report dated November 27, 1995, reporting that the resolution involves a three percent salary adjustment for all represented classifications. Council Member Genis felt that increasing salaries to be effective on a certain .date would not provide the motivation to make the negotiations successful. The Personnel Services Director explained that there will be a finding that the parties have met an impasse, and that there will be no further negotiations. Council Member Hornbuckle commented that she received a letter from the President f from the Costa Mesa Police Association which was insulting because it implied that Council Members had not been kept informed, and that the City's negotiators were not negotiating in good faith, ignored input, the structure of the contract, and a previous agreement. MOTION On motion by Council Member Hornbuckle, seconded by Council Adopted Resolution Member Genis, and carried 4-1, Mayor Pro Tem Buffa voting no, 95-99 Resolution 95-99, A RESOLUTION OF THE CITY COUNCIL OF .THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE RATES OF PAY FOR SWORN POLICE CLASSIFICA- TIONS, was adopted. Mayor Pro Tem Buffa opposed the motion because he felt that the. negotiations with the Police Department were close to completion, and thought they should be given a little more time. Mayor Erickson supported the motion, stating that the City dealt in good faith, made and signed an agreement, and both parties need to live by that. Council Member Monahan supported the motion.explaining that the other associations had similar agreements. COUNCIL Council Member Monahan thanked staff and Council for their assis- COMMENTS tance during his first year on the Council. He reported that most of First -Year Goals his goals had been accomplished; however, two are incomplete, code enforcement which will be operational shortly, and -one-step permit processing which will be going out to bid soon. Record Keeping on Council Member Genis asked that staff keep a log of all problems. Taxicabs that are encountered with taxicabs, whether it be parking in handicap designated areas, driving erratically, etc., so that a record is available whenever their Certificate of Public Convenience and Arrest Record Necessity is due for renewal. She asked for a memorandum on the Availability criteria for release of arrest records to ensure equal treatment for all infractions, and suggested consulting the City Attorney if there is a question regarding invasion of privacy due to legal issues. She Los Posadas announced that cable television will be announcing a Los Posadas Procession Procession which will take place on December 21, 1995. Grant to Combat Council Member Hornbuckle noted that Council would have their Scavenging new chairs shortly. She referred to the comment made during Oral Communications about the State awarding grants to combat scavenging and she found it interesting since the State is "drowning in red ink". She hoped _that the trash haulers were helping to bear the cost. 1 Growth Management Mayor Erickson thanked the Deputy City Manager and Public Area 8 Services Director for their assistance at the meeting with the City of Irvine regarding Growth Management Area 8. He was pleased with the outcome, commenting that the Newport Coast Road had been an issue but the goal was to protect this City's projects. Council Member Genis explained that Newport Coast Road had been constructed by The Irvine Company partly to provide access to some of their property on the coast and partly in conjunction with development approvals; it was then deeded to the County of Orange, and thereafter given to the Corridor Agencies. She reported that the taxpayers would not be paying $1.5 million to rebuild a non -toll portion of Newport Coast Road. The City Manager added that the total amount is close to $10 million. Planning Commission Mayor Erickson asked that all Planning Commission applications be Applicants distributed to Council, that any interest in a candidate be expressed to the City Manager's office by Thursday, December 7, 1995, 5:00 p.m., so that interviews may be held after the Study Session on Monday, December 11, 1995. He referred to an article in the Daily Monte Vista School Pilot which quoted his views on the Monte Vista School site, and Site Article stood by his statements; however, he clarified that he did not support separating Costa Mesa and Newport Beach into two separate school districts. ADJOURNMENT The Mayor declared the meeting adjourned at 10:00 p.m. May�q of the City of Costa Mesa ATTEST: Deputy CiN Clerk of the City of Costa Mesa