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HomeMy WebLinkAbout12/18/1995 - City Council6! REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 18, 1995 The City Council of the City of Costa Mesa, California, met in regular session December .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, and invocation by the Reverend Dave Trevino, Newport -Mesa Christian Center. ROLL CALL Council Members Present: Mayor Joe Erickson Mayor Pro Tem Peter Buffa Council Member Mary Hornbuckle Council Member Sandra Genis Council Member Gary Monahan Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Personnel Services Director Steve Hayman Community Services Director Keith Van Holt Fire Marshal Tom MacDuff Principal Planner Mike Robinson Recreation Superintendent Chuck Carr Police Lieutenant Alan Kent Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council Member December 4, 1995 Monahan, and carried 5-0, the minutes of the regular meeting of December 4, 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. PRESENTATION Megan Faulkner, 3206 Michigan Avenue, Costa Mesa, representing Estancia High Estancia High School, reported that 5,000 cans of food had been School Report collected from December 1 to 15 and given to the Newport Elks Club for distribution to needy families throughout the Newport Beach/Costa Mesa area; the winter formal dance will take place at Knotts Berry Farm on January 27, and the winter formal ceremony will be held on January 24 during the Orange County basketball game of the week half time; a holiday "sock hop" is scheduled for December 20; 55 Estancia donors participated this month in a blood drive; and all winter sports teams are off to a good start. Ms. Faulkner stated that the Costa Mesa -Newport YMCA Youth in Government organization, of which she is a member, will travel to Sacramento in February to participate in running the government for five days; and reported that in November, they had travelled to Camp Roberts in Paso Robles and will repeat the trip in January. ANNOUNCEMENTS Mayor Erickson introduced the following public officials who were in attendance: Jim Ferryman, Newport -Mesa Unified School District, and Costa Mesa Sanitary District; Art Perry, Costa Mesa Sanitary District; and former Sanitary District Director, Mike Schaefer. He announced that Old Business No. 4, request from the Orange County Performing Arts Center to install 130 banners, will be continued to the .meeting of January 2, 1996. ORAL COMMUNI- Peggy Jewell, 1578 Corsica Place, Costa Mesa, residing directly CATIONS behind the Wintergreen Place project (Planning Action PA -95=42), opposed this facility which she had previously supported. She Wintergreen Place explained that the number of residents exceeds the six to eight Facility, PA -95-42 originally planned, the project is situated in a residential area which violates zoning laws, and the Conditional Use Permit (CUP) was granted illegally. She demanded that the CUP be cancelled. The Deputy City Manager/Development Services responded that the applicant is proceeding with design plans and is in the processing of obtaining Building Division approvals. Citizen Complaint Bruce MacDonald, a homeless person, reported that he had recently submitted a claim to the City Clerk, and summarized his complaints against the City, stating that his constitutional rights had been violated. Newport Coast Drive/ Janet Remington, 1164 Boise Way, Costa Mesa, complained that the San Joaquin Hills San Joaquin Hills Corridor Agency, with the support of County Corridor Agency government, is attempting to gain control of Newport Coast Drive, a public road. She reported that investors in the toll road were not aware that the Agency does not own a portion of this road, and the deal must be completed before a lawsuit filed on behalf of citizens, drivers, and businesses on Pacific Coast Highway, -comes to fruition. Mrs. Remington disapproved of the Agency's suggested use of Measure M monies which are currently allocated to other projects. She asked that staff study the legality of the information previously provided to the Mayor, share the findings with the City of Santa Ana, and have the Management 8 Area vote again on, whether to proceed with the Newport Coast Drive extension as a top priority item for Measure M funds. The Public Services Director explained the Growth Management Area concept, recapped his recommenda- tions, and responded to questions from Council. Council Member Genis noted that Measure M campaign literature and the actual wording of the measure promised that funds would not be directed to the corridor, and she felt that the voters had been betrayed. She thought that this City should support Corona del Mar (City of Newport Beach) in their efforts to abort this project only if Newport Beach supports deletion of the proposed 19th Street bridge from the County's Master Plan of Arterial Highways. Alan Remington, 1164 Boise Way, Costa Mesa, stated that a "Y" is formed by traffic at the junction of the 73 and 405 Freeways, and the toll road will increase the number of cars at this location by the thousands. He reported that the_ toll road will cost the public over $5 billion, and felt that toll booths should not be installed on Newport Coast Drive. Mayor Pro Tem Buffa suggested that a presentation on the Newport Coast Drive situation be made at the February 12, 1996, Study Session. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 4, Citywide Annual "ADA" Improvements, Project No. 95-15; and Item 11, Application for a person-to-person transfer of an Alcoholic Beverage License for a business at 1913 Pomona Avenue. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Approved Except Hornbuckle, and carried 5-0, the remaining Consent Calendar items Items 4 and 11 were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Lori Allen; Doug Allenthorp; Erik Bauer; Karen and Peter K. Bennett; Ken Cowley; Mark Fluss; French Quarter HDA; Eugene Grant and Grant and Ciment Trust; Michael A. Hefner; Matt Hinderliter; Elizabeth Hoevel; Julie Anna Jones; Leonard Klamm; Misty Landreth; James;:, T. Long; Mark Wayne Morton; Anita F. Rogers; and Application for Leave to Present a Late Claim from Shanaz Raza. WARRANTS Warrant Resolution 1613, funding City operating expenses in the Approved Warrant amount of $1,907,638.53; and Payroll 9524 for $1,307,342.06, were 1613; Payroll 9524 approved. REJECTED CLAIMS The following claims were rejected: Arrington Wagner Wear ADMINISTRATIVE ACTIONS/Adopted Resolution 95-100; Approved Agreement with Releaf Costa Mesa for Planting Trailer Transfer Authorized Payment of IWA Claim for Newport Boulevard Design Work, Project 92-18; Approved Budget Adjustment 96-28 Tammy Arrington (tree sap damaged vehicle paint). Michael Wagner (reimbursement of vehicle tow charges). Joseph Wear (stored vehicle sold by tow yard). Resolution 95-100, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE DONATION OF PLANTING TRAILER UNIT NO. 135A TO RELEAF COSTA MESA, was adopted; and an agreement between the City and Releaf Costa Mesa outlining the terms and conditions applicable to the transfer of the planting trailer, was approved, and the Purchasing Officer was authorized to sign on behalf of the City. Payment of $20,000.00 to IWA Engineers, 17390 Brookhurst Street, Suite 100, Fountain Valley, was authorized as full and final settlement for design work performed for rehabilitation of Newport Boulevard from 19th Street to Bristol Street, Project No. 92-18, Federal and ISTEA Project No. STPLN-5312(004); and Budget Adjustment No. 96-28 for $17,600.00 to provide funding from ISTEA resources, was approved, with the balance of $2,400.00 to be provided from Measure M funds. Approved Agreement Agreement No. D95-007 with the County of Orange, Post Office with County for Box 4048, Santa Ana, to provide complete review of City Review of City Sub- subdivision maps by the County Surveyor, was approved, and the division Maps City Manager and Deputy City Clerk were authorized to sign on behalf of the City. Approved Agreement An agreement with Federal Disposal Service, 922 East Fourth with Federal Disposal Street, Santa Ana, in an amount not to exceed $7,420.00, to provide Service for Tree Christmas tree recycling services, was approved, and the Mayor and Recycling Services Deputy City Clerk were authorized to sign on behalf of the City. °7a Approved Agreement A Purchase Agreement and Escrow Instructions for right-of-way and Escrow Instruc- acquisition of property at the northwest corner of Harbor Boulevard tions with Mitsui and South Coast Drive with Mitsui/SBD America Fund 90-Q, 901 for Harbor Boulevard/ Civic Center Drive, Suite 300, Santa Ana, for $112,600.00, in South Coast Drive/ connection with the Harbor Boulevard/South Coast Drive/I-405 I-405 Project Interchange Project, was approved, and the Public Services Director and Deputy City Clerk were authorized to sign on behalf of the City. Approved Agreement A Purchase Agreement and Escrow Instructions for right-of-way and Escrow Instruc- acquisition of property located at the Harbor Boulevard/Baker Street tions with Vaziri, et shopping center with Abbas Dibir Vaziri, et al., 66 Balboa Coves, al., for Harbor Newport Beach, for $22,170.00, was approved, and the Public Boulevard Improve- Services Director and Deputy City Clerk were authorized to sign on mentProject; Adopted behalf of. the City; and Resolution 95-101, A RESOLUTION OF Resolution 95-101 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE MEASURE M FUNDS FOR RIGHT-OF-WAY ACQUISITION FOR THE HARBOR BOULEVARD AND BAKER STREET (DALE WAY TO DATE PLACE) IMPROVEMENT PROJECT, was adopted. Citywide Annual Item 4 on the Consent Calendar was presented: Citywide Annual ADA Improvements, Americans With Disability Act (ADA) Improvements, Project No. Project No. 95-15 95-15. The Public Services Director clarified that this project provides for improvements to serve the disabled, and identified the first item of work to be the installation of sidewalks on the north side of West 19th Street between Monrovia and Federal Avenues. MOTION On motion by Council Member Hornbuckle, seconded by Council Awarded to Bopark Member Monahan, and carried 5-0, the contract was awarded to Bopark Enterprises, Inc., 4571 Warner Avenue, No. 102, Huntington Beach, for $88,325.00. Transfer of Alcoholic The Deputy City Clerk presented Item 11 on the Consent Calendar: Beverage License for Application for a person-to-person transfer of an Alcoholic Beverage 1913 Pomona Avenue License fora business at 1913 Pomona Avenue, Costa Mesa, from Circle K Stores, Inc., to Albert Kalosh. Communications objecting to the sale of alcohol at 1913 Pomona Avenue were received from Costa Mesa residents Vivette Zelaya, 1944 Pomona Avenue; and Hildegard Gonzalez, 1932 Pomona Avenue, No. A; and copies of letters forwarded to the Alcoholic Beverage Control in protest were received from Dennis and Jo Ann Reinholt, 1823 Tanager Drive, owners of DJ Properties, 1975 Pomona Avenue; and Jack and Kate Kaylor, 446 East 19th Street, owners of property at 1931 Pomona Avenue. The Deputy City Manager reviewed the Agenda Report dated December 11,1995, and reiterated staff's recommendation that Council officially protest the transfer of the ABC license. The following persons opposed the sale of alcohol at the Super Stop Mini -Market (1913 Pomona Avenue): Janice Davidson, 1982 Arnold Avenue, Costa Mesa; Jo Ann Reinholt; Hildegard Gonzalez; Vivette Zelaya; Henry Lee, residing in Irvine, owner of property at 1923 Pomona Avenue; Jack Kaylor; Dennis Reinholt; Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, who showed a map linking alcohol to crime; and Ms. Leon, manager of the apartments at 1975 Pomona Avenue. The City Attorney advised that if a letter of protest is forwarded to the ABC, an investigation will be done and a hearing initiated, or an accusation letter may be filed seeking revocation of the license. Council Member Genis asked that copies of the letters received by the City and a copy of the Police Department report be forwarded C t { S 7-1 with the letter of protest to the ABC. She suggested investigating long-term options such as a zone change or a redesignation to neighborhood commercial of all properties that are in this type of sensitive area, and then prohibiting the sale of liquor as a permitted use. Mayor Erickson asked that a transcript of the minutes of this MOTION/Authorized meeting also be forwarded along with the letter. A motion was Mayor to Forward made by Council Member Hornbuckle, seconded by Mayor Pro Tem Letter of Protest Buffa, and carried 5-0, to authorize the Mayor to forward a letter to the ABC, including the above listed attachments, protesting approval of this license and, if necessary, to take the steps outlined by the City Attorney. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Alcoholic Beverage set for the public hearing to consider an ordinance amending Section License Review 13-245 of the Costa Mesa Municipal Code to require discretionary review for certain changes in Alcoholic Beverage Control licenses. Environmental Determination: Exempt. The Affidavit of Publica- tion is on file in the City Clerk's office. No communications were received. The Deputy City Manager reviewed the Agenda Report dated December 8, 1995, reporting that the proposed ordinance would allow the Planning Commission to impose Conditional Use Permit requirements when a change in liquor license occurs. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Genis, seconded by Council Member Ordinance 95-20 Monahan, and carried 5-0, Ordinance 95-20, AN ORDINANCE OF Given First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 13-245 OF THE COSTA MESA MUNICIPAL CODE. TO' REQUIRE DISCRETIONARY REVIEW FOR CERTAIN CHANGES IN ALCOHOLIC BEVERAGE CONTROL LICENSES, was given first reading and passed to second- reading. Mayor Erickson recognized three members of the Newport -Mesa Unified School District who were in the audience, Ed Decker, Carolyn Stocker, and Wendy Leece. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Antennas set for the public hearing to consider an ordinance revising the Costa Mesa Municipal Code regarding antennas. Environmental Determi- nation: Exempt. The Affidavit of Publication is on file in the City Clerk's office. A communication was received from Arthur E. Goddard, 2901 Palau Place, Costa Mesa, Vice Director of the American Radio Relay League, Inc., stating that the amateur radio community in Costa Mesa has taken a neutral position on the proposed ordinance. Council Members Genis and Hornbuckle reported that they did not have a conflict of interest in this matter and had confirmed same with the City Attorney. The Deputy City Manager summarized the Agenda Report dated December 8, 1995. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Ordinance 95-21 Hornbuckle, and carried 5-0, Ordinance 95-21, AN ORDINANCE Given First Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 13-351, 13-354.1, 13- 857, 13-858, 13-859, 13-859.1, AND 13-859.2; AND ADDING SECTIONS 13-859.3 AND 13-859.4, was given first reading and passed to second reading. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Uniform Codes set for the public hearing to consider Uniform Codes: An ordinance adopting the 1994 Uniform Codes and 1993 National Electrical Codes. An ordinance establishing a building standard for public access alleys on private property. An ordinance adopting the 1994 Uniform Fire Code prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion. The Affidavit of Publication is on file in the City Clerk's office. A communication was received from Kelly Sylvester, Director of Community Affairs for the Building Industry Association of Southern California, 9 Executive Circle, Suite 100, Irvine, expressing concern .regarding proposed increases in building permit and plan check fees. The City Attorney reviewed his Report No. 95-116 dated November 29, 1995. Mayor Erickson suggested that the ordinances for the building code and the alleys be considered first. Joseph Keeley, 2130 Vista Entrada, Newport Beach, owner of property at 2484 Fairview Way, Costa Mesa, was concerned that the ordinance regarding alleys would disallow the security capability for a condominium complex. The City Attorney replied that this would not be the case, and explained that the ordinance is a building standard which will apply to alley reconstruction to ensure safety. There being no other speakers, the Mayor closed the public hearing. In response to a question from Council Member Hornbuckle, the City Attorney explained that enforcement of the 1994 Uniform Building Code and 1994 Uniform Administrative Code fees may be delayed by adding a new Section 1 to the ordinance, and renumbering the remaining sections accordingly. "Section 1. The City Council of the City of Costa Mesa does hereby find and declare: WHEREAS, the 1994 Uniform Administrative Code and 1994 Uniform Building Code proposes a forty percent (40%) increase in building permit fees for new construction in the.City of Costa Mesa; and WHEREAS, the data in support of the proposed increase in building permit and plan check fees is not, in the opinion of the City Council, sufficient to establish a finding that the fees represent the reasonably estimated cost required to provide the services for which the fees are charged; and WHEREAS, the City will conduct a fee study to determine the reasonable estimated cost required to provide services set forth in the 1994 Uniform Administrative Code and the 1994 Uniform Building Code before adopting an increase of fees, if any, set forth therein." He added that renumbered Section 2 should be amended by adding a last sentence to Section 5-1 which reads: "Not withstanding the provision of the above -referenced Uniform Codes, all fees for services provided pursuant to the Uniform Code shall not take effect until a resolution for such fees is 73 adopted by the City Council pursuant to California Government Code Sections 66016 and 66020." MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Ordinances 95-22 Hornbuckle, and .carried 5-0, the following ordinances were given and 95-23 Given first reading and passed to second reading: First Reading Ordinance 95-22, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 5-1, 5712, AND 5-65, OF TITLE 5 OF THE COSTA MESA MUNICIPAL CODE BY ADOPTING THE 1994 UNIFORM CODES AND 1993 NATIONAL ELECTRICAL CODE, which includes the 1994 Uniform Building Code, 1994 Uniform Mechanical Code, 1994 Uniform Plumbing Code, 1994 Uniform Housing Code, 1993 National Electrical Code, 1994 Uniform Abatement Code, 1994 Uniform Administra- tive Code, 1994 .Uniform Solar Code, 1994 Uniform Swimming Pool Code, 1994 Uniform Sign Code, and any local amendments thereto, and incorporating into the ordinance the verbiage outlined by the City Attorney, stipulating that the fees shall be considered at the meeting of January 15, 1996. Ordinance 95-23, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING SECTION 5-3 TO TITLE 5 OF THE COSTA MESA MUNICIPAL CODE ESTABLISHING A BUILDING STANDARD FOR PUBLIC ACCESS ALLEYS ON PRIVATE PROPERTY. The Fire Marshal reviewed the Agenda Report dated December 5, 1995, stating that the major change in the Fire Code is the adminis- tration' of hazardous materials disclosure, the responsibility for which has been assumedby the City as of November 28, 1995. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Ordinance 95-24 Monahan, and carried 5-0, Ordinance 95-24, AN ORDINANCE OF Given First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER II OF TITLE 7 OF THE COSTA MESA MUNICIPAL -CODE ADOPTING THE 1994 UNIFORM FIRE CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS OR EXPLOSION; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES, was given first reading and passed to second reading. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Parks, Recreation set for the public hearing to consider General Plan Amendment GP - and Open Space 95-03, to amend the 1990 General Plan to include the Parks, Recrea- Master Plan tion and Open Space Master Plan as an optional element, and to make minor technical changes to the Open Space Subelement to reflect the above -referenced Master Plan. Environmental Deter- mination: Negative Declaration. The Affidavit of Publication is on file in the City Clerk's office. Communications were received from Dwite A. Kunkel, and Mark P. Hammond, 2252 Fordham Drive, Costa Mesa, recommending cement walkways for Wilson Park. The City Manager advised that the need for concrete walkways in Wilson 7s Park, as well as other parks, is addressed in the Americans With Disabilities Act Transition Plan which requires hard -surface areas throughout the parks in order to accommodate handicapped persons, and the expenditure is incorporated into the City's annual budget. Mayor Erickson noted that several communications had been received earlier in the year. The Deputy City Manager summarized the Agenda Report dated December 8, 1995, noting that an element of the General Plan will now establish long-term policy for park development, improvement, and financing. He and the Public Services Director addressed the concerns expressed by Council Member Genis regarding the addition of rest room facilities in Fairview Park. A question and answer period ensued. Jeff Perry, 162 Fairhaven Lane, Costa Mesa, representing the residents of Fairview Village, Fairview Community Church, Step - by -Step Preschool, and other local residents, indicated interest in encouraging . the City to purchase the abandoned property at the corner of Fair Drive and Fairview Road. He complained that the property is run down with signs on the fence, trash and leaves collecting on the site, and general deterioration of the building. He suggested that the City expand the existing Civic Center park and add picnic tables and playground equipment, and place a monument, such as a fountain or dedication plaque, on the corner. Jim Ferryman, 1095 Tulare Drive, Costa Mesa, President of the Costa Mesa Sanitary District, agreed that rest room facilities should be provided at Fairview Park and ensured Council of the District's cooperation. He commended the City for the development of little league fields at TeWinkle, Costa Mesa, and Kaiser Schools. Mayor Erickson commented that the Newport -Mesa Unified School District and the volunteers should also be complimented. Mr. Ferryman felt that a small portion of Fairview Park should be developed for fields and facilities for children. Robert F. Donnelly, 2788 Waxwing Circle, Costa Mesa, member of the Orange County Model Engineers, who assists in operating the model railroad at Fairview Park, reported that during the past five years over 200,000 passengers have ridden the train, and he also stressed the need for rest rooms. He volunteered the services of the Model Engineers to construct two rest room facilities on the east side of the park, suitable for the developmentally impaired, at no cost to the City if the sewer line can be installed by the City. Janet Remington, 1164 Boise Way, Costa Mesa, complimented the work done on the sports fields; however, she opposed any development of Fairview Park, and felt that rest rooms should be located in grassy areas near picnic tables.. Diana Blaisure, 2083 Continental Avenue, Costa Mesa, member of the Parks, Recreation Facilities and Parkways Commission, supported adoption of the Parks, Recreation and Open Space Master Plan and opposed any active use on the west side of Fairview Park. Sandi Scheafer, 3327 California Street, Costa Mesa, representing Costa Mesa National Little League, previously forwarded a letter to Council concerning the proposed replacement of the baseball field at TeWinkle Park with a softball field. She stated that building the field- at another location would solve the problem, reiterating that a field of that size is needed for the Senior Division. She asked G !i Council to consider building additional youth sports fields at Fairview Park,, stating_ that they would be located on approximately 25 to 30 acres out of the total park size of 211 acres. Dick Mehren, 1824 Kinglet Court, Costa Mesa, Chairman of the Fairview Park ' Committee, supported the Master Plan as modified but felt that some of the figures for Fairview Park had been carried over from the old report. He thanked Council for their support. Nancy. Palmer, 3174 Gibraltar Avenue, member of the Fairview Park Committee, supported the Master Plan, especially the acquisition of park land on the east side of the City and the pursuit of joint use agreements with the Newport -Mesa Unified School District. She. reported that a rest room would typically cost approximately $200,000.00, including the sewer line. Judith M. Gielow ;469 East 18th Street, Costa Mesa, member of the Fairview Park Committee, encouraged the passive use of Fairview Park, and recommended maintaining ongoing communication with the School District, particularly regarding the lack of parks on the east side of the City. Chris Sams, 2011 Baltra Place, Costa Mesa, member of the Park, Recreation Facilities and Parkways Commission, spoke in favor of using a portion of Fairview Park for athletic fields. He suggested the addition of a nature preserve at the park. George Sakioka, Sakioka Farms, 14850 Sunflower Avenue, Santa Ana, referred to a letter regarding the Master Plan which was submitted to the Planning Commission on November 13, 1995, and addressed the salient points, specifically concern about the requirement for a five -acre dedication for a public neighborhood park at the Metro Center site (Page 34), and the lack of any potential to use private open space to satisfy some of the park requirements. The Principal Planner explained that the intent of the park dedication ordinance is to allow the flexibility of using private :..open space, and as Council approves the final development plan for Metro Center, consideration can be given to the ordinance. Alan Remington, 1164 Boise Way, Costa Mesa, felt that there is currently an adequate amount of athletic fields, and thought that Fairview Park should remain passive. He did acknowledge the need for rest rooms. Jan Vandersloot, 2221 East 16th Street, Newport Beach, stated his involvement with the 10,000 -square -foot restoration pilot project at Fairview Park, and felt that the park should be left intact. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, President of _the East Side Homeowners Association, asked for reconsideration' of the Plan's option regarding the Monte Vista/Back Bay High School property. She showed a map which illustrated the shortage of park space on the east side of the City. She asked Council to postpone a decision until the School District issues their demographic study regarding the future number of students expected in this area. Frank Forbath, 2880 Club House Road, Costa Mesa, expressed the need _ for athletic fields in Fairview Park. He believed that the park should be made more "usable", stating that it now consists of dirt and weeds, in other words a wasted space. 7G Mike Scheafer, 3327 California Street, Costa Mesa, supported the Master Plan but thought that athletic fields should be allowed in Fairview Park. RECESS The Mayor declared meeting at 8:50 p.m. a recess at 8:40 p.m., and reconvened the Mayor Erickson opened Council discussion on the Parks, Recreation and Open Space Master Plan, dated August, 1995, and received the following comments: Council Member Hornbuckle asked where the recreation facility standards listed on Pages 5 and 6 were obtained and if they had been tested in this area. The Recreation Superintendent responded that the standards were acquired from the National Parks and Recreation Association, and explained that two criteria had been utilized as noted on Page 6, the national standards and a modified version. Mayor Erickson pointed out that Bear Street School should be deleted from Page 11, Table 3, School Facility Matrix. He referred to Page 19, Monte Vista/Back Bay High School, requesting that everything in that paragraph after the first two sentences be deleted, beginning with, "Because of its location near...". He asked that Monte Vista/Back Bay High School be added to the list of Soccer Fields, Current Provisions, on Page 28. Council Member Genis referred to the Needs Assessment portion of the Swimming Pool section on Page 30 wherein it is stated that, "it seems the City should provide a minimum of one additional pool for resident use", and suggested adding a statement that the City should pursue joint use. Council Member Monahan addressed the Sakioka Farms Metro Center site on Page 35, recommending that the third sentence of Potential Facilities be modified to read, "...the City should require the development of a neighborhood park...", deleting the five -acre requirement. Council Member Hornbuckle recommended substi- tuting the paragraph suggested in the Sakioka Farms letter of November 13, 1995, as follows: "Potential Facilities:" The development of the two Sakioka properties will generate the dedication requirement of 12.4 acres. As this part of town is deficient in neighborhood park service, the City should require that some portion of this requirement be developed as a neighborhood park (public or private) with the remaining requirement to be satisfied through in -lieu fees. Some portion of these fees could be used for improvements to the park to be provided as part of the development, or to the City's existing community parks. Acreage of 12.4 is not sufficient to develop an isolated active recreation facility, and the purchase of 27.6 acres to meet the minimum 40 -acre requirement is not financially feasible." Council Member Genis felt that more specific information should be stipulated regarding the size of the park. George Sakioka, Sakioka Farms, pointed out that on Page 2 of the Master Plan, Neighborhood Parks - Size, it states that neighborhood parks are generally 1 to 10 acres in size. Council Member Genis was satisfied with the above 1- to 10 -acre requirement, and agreed to substitute the above paragraph if the words "(public or private)" on the fifth line were 1 removed. Council Member Hornbuckle asked that "5 acre" be deleted from the third "...approaches the City could take...", on the same page, which would modify the sentence to read, "The City could require the development of a neighborhood park...". On Page 40, Council Member Genis asked that the Monte Vista School site Acquisition Costs be changed from "Market" to the Government Code section -which covers special purchase options available for a school which has been declared surplus. The City Attorney suggested substituting either "Yet to be Determined", "Unknown", or "Education Code. " Referring to Monte Vista School Potential Facilities, Mayor Erickson suggested the following wording, "This site has been declared surplus by the District and may serve to lessen the deficiency of park space in Area 3. " Council Member Genis proposed using "Planned Facilities" instead of "Potential" throughout the document. l.Y Council Member Genis thought that the information on Rea Community Center, Page 46, should be reconciled with the letter recently forwarded by the City to the Newport -Mesa Unified School District. Mayor Erickson proposed modifying the third sentence to read, The continued use of this center is uncertain.", deleting the remainder. Council Member Genis added, "...but it is an important location for sports facilities and parkland and should possibly be retained" after the word "uncertain". Council Member Monahan requested the deletion of the 1/2 Basket- ball Court proposed under the Program section for Brentwood Park (Page 48). On Page 47, Lions Park, he stipulated that conversion of the softball field to a baseball field would be contingent upon a softball complex being constructed at TeWinkle Park. He added the following statement to TeWinkle Park, "The Master Plan should include conversion of the softball fields, baseball field, and utility field to a four -field softball complex with rest room and snack bar facilities and additional parking." Mayor Erickson stated for the record that Little League representatives concurred with the above; and Mike Scheafer elaborated on the comments regarding the fields. Council Member Monahan added the contingencies that there would be "replacement fields for the lighted soccer field and for Pop Warner practice." Regarding Fairview Park (Page 46), Council Member Monahan suggested that the Master Plan investigate the requirement for additional youth athletic fields and facilities in regard to the southwest corner of the park, in conjunction with the Joint Use Agreement at Parsons School and Estancia High School. He thought that tot lots could ideally be located in the grassy area to the left, or southwest, of the parking lot. Council Member Hornbuckle stated that it should be taken into consideration that Fairview Park's 211 acres are not all usable parkland, and noted that there are residents in close proximity to the park who would be affected by lights and traffic generated by athletic fields. Mayor Pro Tem Buffa believed that a detailed proposal describing the proposed appearance of the youth sports usage in Fairview Park must be submitted for consideration by the Fairview Park Committee; the Parks, Recreation Facilities and Parkways Commission; and Council. 761 Council Member Genis suggested adding a statement to Page 24 to the effect that some form of active sports facilities may be established provided that environmental concerns are adequately addressed and the fields cannot be provided elsewhere. Council Member Hornbuckle proposed that the Park Master Plan element should remain under Fairview Park, Program, on Page 46, deleting the other two items (Improved and Natural Parkland). She did not support the addition to Page 24 as stated by Council Member Genis. Council Member Monahan asked that the following wording be added to --the section pertaining to Fairview Park: "Based on the size of this park and the anticipated number of regular visitors; it has been determined that permanent rest room facilities will be required; the number, size, and location(s) to be determined through the Fairview Park master Plan process. " "Due to Citywide needs for youth athletic fields, the Fairview Master Plan should include design options, and if possible, cost estimates for fields at the southwest area adjacent and in conjunction with the schools, Parsons and Estancia, etc." He again stated the need for tot lots in the grassy area to the left of the southwest parking lot. Council Member Hornbuckle felt that the wording for tot lots should be general, for example, they should be considered as an option for the area surrounding the parking lot. She requested the addition of wording which indicated that the active fields should only be considered in conjunction with Parsons and Estancia Schools. Regarding Page 47,Lions Park, Council Member Hornbuckle had previously indicated that she did not support demolition of the Downtown Community Center unless money is allocated for replacement. She expressed concern that no money had been designated for rest room improvement. On Page 51, Lindbergh School, she corrected the third sentence to indicate that construction of the Mesa Consolidated Water District underground reservoir has been completed, and the site on top of the reservoir is only available for open space. Council Member Genis pointed out that consideration of the Joint Use Agreement for the Costa Mesa High School farm site is part of the Master Plan but is not mentioned in the budgeting section. Mayor Erickson asked the Recreation Superintendent to provide the wording. In the first paragraph of Page 60, Mayor Erickson requested deletion of the final sentence which begins, "However its disadvantages may be... Council Member Monahan noted that the above changes should be incorporated' into Table 12, Capital Improvement Program and Funding Plan, which begins on Page 70. Continued to The City Manager stated that Council direction was excellent, and January 2, 1995 the document will be revised in time for the next meeting on January 2, 1995. OLD BUSINESS The Deputy City Clerk presented from the meeting of December 4; Residential Real 1995, second reading and adoption of Ordinance 95-19, regarding Estate Signs residential real estate signs. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Adopted Ordinance Hornbuckle, and carried 4-1, Council Member Genis voting no, 95-19 Ordinance 95719, 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 adopted. Council Member Genis noted that there has already been an increase in the posting of various signs throughout the City, some of which are on corners in R1 neighborhoods. OLD BUSINESS The Deputy City Clerk presented the following: Request for Rehearing of PA-93-17/RA-93- A request for rehearing of Planning Action PA -93-17, Redevelop - 02; and Request for ment Action RA.=93-02, from David R. Baade, 3501 Jamboree rehearing of PA -95- Road, Suite 4300, Newport Beach, attorney for Jack Litt, Empire 40/RA-95-04, Empire Ballroom, for a minor conditional use permit for a 15,000 -square - Ballroom foot nightclub with a dance floor and billiard tables; and condi- tional use permits for offset hours of operation for support office area and valet parking, located at 640 West 17th Street in an MG zone. (City Council revoked the permit on December 4, 1995.) Environmental Determination: Negative Declaration previously adopted. A request for rehearing of Planning Action PA -95-40, Redevelopment Action RA -95-04, from David R. Baade, 3501 Jamboree Road, Suite 4300, Newport Beach, attorney for Jack Litt, representing Deborah Moch/Empire Ballroom, 640 West 17th Street, Costa Mesa, authorized agent for Atari Corporation/ 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. (City Council denied the permit on December 4, 1995) Environmental Determination: Exempt. The Deputy City Manager reviewed the Agenda Report dated December 18, 1995. The City Attorney responded to an inquiry regarding the attachment to the Application for Rehearing wherein it states that "No notification to the applicant was given that the City Council intended to conduct a hearing on the revocation of a Conditional Use Permit and other related permits... ", reporting that the posted notice specifically stated that the planning action was being considered for review, modification, or revocation of the minor conditional use permit. The Police Lieutenant provided an update on recent criminal activity in the neighborhood of the Empire Ballroom. David Baade, 3501 Jamboree Road, Suite 4300, Newport Beach, Attorney for the applicant, acknowledged contact with the Police Department who bad -advised him of steps which will be required to improve the parking situation and traffic circulation in connection with the Empire Ballroom. He felt that alternative arrangements can be suggested for additional parking, a valet could be utilized, and the relationship between the club and the Police could be improved. He stated that his client has a substantial investment in the club, and desires to be a long-term member of the business community. Mr. Baade replied to Council Member Genis by stating that the information being presented as a basis for rehearing is the following: the original hearing was not conducted in an appropriate manner; the possibility of locating alternate additional parking was not 79 m investigated; and he is raising the question that Council may not have the authority to revoke a Redevelopment Agency action or to revoke -a Redevelopment conditional use permit. Susan Gabriel, 197 The Masters Circle, Costa Mesa, one of the owners of Pacific Mesa Properties, 670 West 17th Street, Costa Mesa, located next door to the Empire Ballroom, related that 10 cars at a time are towed from the area, and felt persecuted because she has to guard her property. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, commented on the amount of staff time involved in this application. She suggested that the land use be redesignated in the General Plan, and a trip fee be charged for substantial changes in property usage. She asked if the applicant had demonstrated a good faith effort to improve the situation. Motion to Deny the Council Member Monahan thought that alternate parking for this Request Died application had been investigated, and did not believe that there is new and relevant information which justifies a rehearing. He made a motion to deny the request for rehearing. The motion died for lack of a second. MOTION Approved Rehearing of PA-93-17/RA-93- 02 on January 15, 1996 MOTION Approved Rehearing of PA-95-40/RA-95- 04 on January 15, 1996 OLD BUSINESS Performing Arts Center Banner Request MOTION/Continued to January 2, 1996 On motion by Mayor Pro Tem Buffa, seconded by Council Member Hornbuckle, and carried 4-1, Council Member Monahan voting no, the rehearing of Planning Action PA -93-17, Redevelopment Action RA -93-02, was approved, and scheduled for the meeting of January 15, 1996. Council Member Hornbuckle stated that even though she was reluctant to expend more staff time on this matter, applicants should have an adequate chance to present their case. She asked for an updated report from the Police Department which covers activity over the next few weeks in the immediate neighborhood of the Empire Ballroom. Council Member Genis supported the request because she also believed that the applicant should receive every opportunity to prove their case. In reference to the comment by Mr. Baade, she suggested that these items be placed on the Redevelop- ment Agency agenda for the meeting on January 10, 1996. Mayor Pro Tem Buffa enumerated suggestions which he had previously proposed to the applicant at a Redevelopment Agency meeting covering options that the applicant had to alleviate some of the problems. On motion by Council Member Hornbuckle, seconded by Mayor Pro Tem Buffa, and carried 4-1, Council Member Monahan voting no, the rehearing of Planning Action PA -95-40, Redevelopment Action RA -95-04, was approved, and scheduled for the meeting of January 15, 1996. Council Member Genis asked that the public notices indicate that the above items will be heard at the joint Redevelopment Agency/City Council meeting of January 15, 1996. On motion by Council Member Hornbuckle, seconded by Mayor Pro Tem Buffa, and carried 5-0, the item from the meeting of December 4, 1995, a request from the Orange County Performing Arts Center to install 130 dual banners on light poles on Bear and Bristol Streets, Sunflower Avenue; Avenue of the Arts, and Town Center and Park Center Drives, March 1 to June 1, 1996, in celebration of their 10th anniversary, was continued to the meeting of January 2, 1996. OLD BUSINESS The Deputy City Clerk presented City Attorney's Report No. 95-109 Contract Code and a resolution 'authorizing code enforcement by nonsworn City Enforcement Officers employees and contract code enforcement officers. The City Attorney reviewed his report dated December 7, 1995, noting that employees subject to the resolution require certification by the City Manager or Police Chief as to completion of proper training, that authority of the contract code enforcement officers is subject to the terms of an agreement 'with the City, and Title 5 requires certifi- cation as to proper training for enforcement of the codes. MOTION On motion by Council Member Hornbuckle, seconded by Council Adopted Resolution Member Genis, and carried 4-1, Council Member Buffa voting no, 95-102 Resolution 95-102, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING' ENUMERATED EMPLOYEES TO ISSUE INFRACTION CITATIONS, was adopted. Council Member Monahan stated that he would be looking forward to the report on the first three months' progress of this program. Mayor Pro Tem Buffa stated that he is not comfortable with this policy. NEW BUSINESS The Deputy City Clerk presented a request for construction 'of an Smallwood Park Tot additional tot lot and- installation of swings at Smallwood Park. The Lots Community Services Director reviewed the Agenda Report dated November 27, 1995. He stated that although Smallwood Park is not large, the tot lots do not cut into the open space. Council Member Genis said that she would abstain from voting on this issue because of the proximity of her home to the park. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Approved Funding Tem Buffa, and carried 4-0, Council Member Genis abstaining, funding for the tot lots was approved. NEW BUSINESS The Deputy City Clerk presented an urgency ordinance which Above Roof Signs prohibits above -roof signs. A communication was received from Ed Fawcett, President of the Costa Mesa Chamber of Commerce, 1835 Newport Boulevard, Suite E-270, Costa Mesa, stating that they do not object to the ordinance. The Deputy City Manager summarized the Agenda Report dated December 11, 1995. MOTION On motion by Council Member Monahan, seconded by Mayor Pro Adopted Urgency Tem Buffa, and carried 5-0, Ordinance 95-25, AN URGENCY Ordinance 95-25 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 13-95 OF THE COSTA MESA MUNICIPAL CODE TO PROHIBIT ABOVE - ROOD SIGNS, was adopted. CITY MANAGER'S The City Manager presented a request to add one full-time, limited- REPORT/Request term Administrative Secretary position to the Costa Mesa Sanitary for Additional District staff. He announced that Jim Ferryman from the Sanitary Sanitary District District was available to answer questions. The Personnel Services Secretary Director reviewed the Agenda Report dated December 11, 1995. MOTION A motion was made by Council Member Monahan, seconded by Approved Request Mayor Pro Tem Buffa, and carried 5-0, approving the request. COUNCIL Council Members Monahan, Genis, Hornbuckle, Buffa, and COMMENTS Erickson wished everyone a Merry Christmas and a Happy New Seasons Greetings Year. Council Members Buffa and Genis warned about drinking and driving. AZ, Fairview Park Facts Mayor's Thanks ADJOURNMENT i i Council Member Genis expressed disappointment with "facts" provided by staff. on Fairview Park, and asked that a closer adherence to reality be observed in the future. Mayor Erickson thanked Council, the City Manager, the City Attorney, and staff for their assistance in his first year as Mayor. The Mayor declared the meeting adjourned at 10:30 p.m. c Mayo of the City of Costa Mesa ATTEST: Deputy City rk of the City of Costa Mesa