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HomeMy WebLinkAbout11/04/1996 - City Council3:x'7 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA NOVEMBER 4, 1996 The City Council of the City of Costa Mesa, California, met in regular session November 4, 1996, 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 Tim McCalmont, Presbyterian Church of the Covenant of Costa Mesa. 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 Finance Director Susan Temple Budget & Research Officer Richard Averett Police Chief Dave Snowden Recreation Superintendent Chuck Carr Park Superintendent Dave Alkema Associate Planner Carol Proctor Assistant to the City Manager Ann Gyben Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council October 21, 1996 Member Monahan, and carried 5-0, the minutes of the regular meeting of October 21, 1996, were approved as distributed. ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by RESOLUTIONS Council Member Hornbuckle, and carried 5-0, to read all ordinances and resolutions by title only. NEIGHBORHOOD Council Member Monahan commended the following persons WATCH MEETINGS for hosting the Neighborhood Watch meetings during the month of October, 1996: Kim Skeen, Jennifer Lane; and Edith Krampe, Quiet Bay Lane. PRESENTATION Mark Edwards, member of the Mothers Against Drunk Drivers Mothers Against (MADD) Advisory Committee, read the inscription on an award Drunk Drivers which was. presented to the following police officers, along (MADD) with a pin, in recognition of their Driving Under the Influence (DUI) arrest records: Senior Police Officers Eric Reinholtz, Robert Coash (not in attendance), Angelo Morgan, Gary Hendricks, and David Makiyama; Police Sergeant Karl Schuler; 328 and Senior Reserve Officer Barry Schlieder (not in attendance). He announced that next week Senior Police Officers Floyd Waldron and Michael Yamada will be honored at the MADD Century Club in recognition of officers who have arrested more than 100 drunk drivers during a fiscal year. The Police Chief accepted on behalf of the officers who were unable to attend. ANNOUNCEMENT Mayor Erickson announced that a 30 -day continuance had been recommended � for Public Hearing No. 1, City Council Policy 500-9 regarding building setbacks in the Newport Boulevard Specific Plan area. He noted that a supplemental agenda contained Old Business No. "2, an ordinance pertaining to the regulation of dogs. The Mayor recognized Art Perry, Costa Mesa Sanitary District, and Jim Ferryman, Costa Mesa Sanitary District and Newport -Mesa Unified School District Board, who were in attendance. ORAL COMMUNI- Katie Kreisle, 1775 Hummingbird Drive, Costa Mesa, reported CATIONS on the following current events at Estancia High School: a Estancia High Blood Drive is scheduled for December 11 from 7:45 a.m. to School Report 1:00 p.m.; curtain time is 7:30 p.m. for the fall play "Coming Attractions" on December 6, 7,. 12, 13, and 14; the Drama Department is forming a comedy sports team for competition with other schools; the "Neon Drunken Driving" program will be on campus November 18; the Women's Business Educators Conference will be held, in conjunction with Irvine High School, on November 6 at the University of California Irvine campus; and a student will represent Estancia High School at a conference to be held in Washington, D.0 Arnold Avenue Luis Bianes, 1981 ,Arnold Avenue, Costa Mesa, reiterated Problem Property complaints about the condition of the property at 1985 Arnold Avenue. Mayor Erickson responded that he had visited the site, and noted that an ordinance addressing the issue is on the Consent Calendar, Item No. 10. CONSENT On motion by Council Member Hornbuckle, seconded by CALENDAR Mayor Pro Tem Buffa, and carried 5-0, all Consent Calendar MOTION/Approved items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Richard Henderson. WARRANTS Warrant Resolution 1636, funding City operating expenses in Approved Warrant the amount of $1,094,031.15; and Payroll 9621 for 1636; Payroll 9621 $1,371,561.95, were approved. REJECTED CLAIMS The claim from Frank Anthony Flores (alleges faulty traffic Flores signal contributed to traffic collision) was rejected. ADMINISTRATIVE An agreement was approved with Dispatch Products ACTIONS/Approved Company, 271 North McClellan Street, Suite 106, Auburn, Agreement with Indiana, for $73,538.99, to provide and install dispatch Dispatch Products consoles in the Communications 9-1-1 Emergency Dispatch for 9-1-1 Dispatch Center to conform with the requirements of the 800 Consoles Megahertz Radio Communications Conversion; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Awarded Second Bids received for Second Floor Lobby Remodel at Costa Mesa Floor Lobby Remod- City Hall, Project No. 96-15, are on file in the City Clerk's el, Project 96-15, office. The contract was awarded to Wakeham -Baker Inc., to Wakeham -Baker 3152 East La Palma Avenue, Suite I, Anaheim, for $20,795.00. Awarded Fair Drive Bids received for Fair Drive Right Turn Lane Widening Improvement at Improvement at Harbor Boulevard, Project No. 96-16, are on Harbor Boulevard, file in the City Clerk's office. The contract was awarded to Project 96-16, to Wakeham Baker Inc., 3152 East La Palma Avenue, Suite I, Wakeham -Baker Anaheim, for $120,634.00. Awarded Painting Bids received .for Painting at Various Locations, Project No. 96 - Contract, Project 17, are on file in the City Clerk's office. The contract was 96-17, to A. J. awarded to Anastasios Fistes, doing business as A. J. Fistes Fistes Painting Company, 3224 G Willow Street, Signal Hill, for $7,800.00; and the City Manager was authorized to execute change orders for an amount not to exceed $3,900.00. Approved Change Change Order No. 33, was approved for $78,842.00, to the Order 33 to Kasler contract with Kasler Corporation, 27400 East Fifth Street, Contract for 1-405 Highland, for the 1-405 at Bristol Street Interchange at Bristol Improve- Improvements, Project No. 95-04, Federal No. STPLN- ments, Project 95- 5312(014), for traffic signal modifications and quantity 04 adjustments for various items. Approved Adjust- Budget Adjustment No. 97-20 was approved for ment 97-20, for $38,250.00, for irrigation installation in connection with Harbor Widening, Harbor Boulevard Widening; Dale Way to Date Place, Project Project 96-09 No. 96-09. Referred Ordinance City Attorney's Report No. 96-75 and an ordinance amending on Vacant Proper- Chapter III -1 /2 of Title 11 of the Costa Mesa Municipal Code ties to Planning concerning . community improvement, standards for vacant Commission properties, and to establish abatement of public nuisances, was referred to the Planning Commission. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Newport Boulevard place set for the public hearing to consider Council Policy 500 - Specific Plan 9 regarding the review procedure for deviations from building Building Setbacks setbacks in the Newport Boulevard Specific Plan area. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. MOTION On motion by Mayor Pro Tern Buffa, seconded by Council Continued to Member Monahan, and carried 5-0, the public hearing was December 2, 1996 continued to the meeting of December 2, 1996. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Assessment District place set for the second public hearing to consider Proposed No. 96-1 (Shalimar Assessment District No. 96-1 (Shalimar Drive Alleys). Drive Alleys) Resolution ordering changes and modifications for Assessment District No: 96-1 (Shalimar Drive Alleys), to allow changes to be made to the Engineer's 3:29 330 Report with respect to the Assessment District boundaries, and the cost of right-of-way acquisition. Option A - No majority protest: Resolution adopting Engineer's Report, confirming the Assessment, ordering the work and acquisitions and directing actions with respect thereto, for Assessment District No. 96-1 (Shalimar Drive Alleys), which will give final approval to the Engineer's Report, levy the assessments and direct the required filing and recordings; or Option B - Override of majority protest: Resolution overruling protests for Assessment District No. 96-1 (Shalimar Drive Alleys); and resolution adopting Engineer's Report, confirming the Assessment, ordering the work and acquisitions and directing actions with respect thereto, for Assessment District No. 96-1 (Shalimar Drive Alleys). Communications received in protest to the Assessment District were received from: Paul and Margaret Purtell, 6278 Pitcairn Street, Cypress, owners of property at 796 Shalimar Drive; Maureen Rankin, Freddie Mac, 21700 Oxnard Street, Suite 1900, Woodland Hills, owner of properties at 787 and 799 Shalimar Drive; Peter and Kathryn Fyfe, 17521 Luther Avenue, Irvine, owners of property at 753 Shalimar Drive; Jerry M. McNulty, 4240 Sunnyhill Drive, Carlsbad, owner of property at 775 Shalimar Drive; Andrzej and Hella Tarnawski, 17031 Westport Drive, Huntington Beach, owners of property at 770 Shalimar Drive; Ming and Dorothy Hsia, 20622 Lavonne Lane, Huntington Beach, owners. of property at 774 Shalimar Drive; Dora Land, Post Office Box 731, Westminster, owner of property at 779 Shalimar Drive; and Helmut E. Mauritz, 1100 Mar Vista Avenue, Seal Beach, owner of property at 757 Shalimar Drive. Communications were received from Timothy M. Kuhn, 520 South Sepulveda Boulevard, Suite 203, Los Angeles, Superior Court Receiver for property at 792 Shalimar Drive, requesting a delay in forming the assessment district; Peter Fyfe, of Shalimar, James, 18'' Street Owners Association, 17220 Newhope Street, Fountain Valley, requesting an exemption from the assessment district for properties located at 753, 757, 771, .775, and 779 Shalimar Drive; Robert and Gayle Gardner, Post Office Box 798, Newport Beach, owners of property at 755 West 18th Street, requesting that their property be removed from the assessment district (received at the October 21, '1996, meeting); and Phil Benson, Pier Realty, 200 Main Street, Suite 115, Huntington Beach, asking to discuss some of the deeds which the City holds within the assessment district. Mayor Erickson an that this was the time and place set for the public hearing in this Council's proceedings for Assessment District No. 96-1 (Shalimar Drive Alleys). He asked that any written protests be filed with the City Clerk, and declared the meeting open. The Mayor stated: that to have an orderly hearing, the procedure would be -as follows: a summary of the project by staff and the consultants will be presented; the Mayor will accept questions from the audience, which is the time to ask questions about the project or the assessments, said questions to be referred to staff and the .consultants for answers (oral protests will come later); written protests received today will be read (written protests received before today have been copied and given to Council for review); oral protests will be heard whether or not a written protest was filed; and proponents in -favor of the assessments will be heard. The Public Services Director. reviewed the Agenda Report dated October 30, 1996, and presented a videotape showing the condition of the,alleys. Council Member Genis asked that it be clarified for the record how the City would avoid being put into a position of paying monies to properly,,, owners who had little equity in their property, could possibly forsake the property, and the City would have a lien which is basically worthless because of various other liens on the same property. David Oster, Jones, Hall, Hill, & White, Four Embarcadero Center, 19th Floor, San Francisco, the City's bond counsel, responded that the assessment lien will precede all private liens, being of the, same status as property taxes, and the City can foreclose on that lien more swiftly than on regular property taxes. Regarding payment of the acquisition cost to property owners, he indicated that unless it is a negotiated purchase where the property owner agrees that he will either accept a credit against the assessment or do something in particular with the money, there is nothing that would allow any special treatment of the money. Joan Cox, Berryman & Henigar, 2001 East First Street, Santa Ana, reported that the protest is based on the area of the parcels, and on that basis there is a 57 percent protest at this time. The Deputy City Clerk reviewed the stated reasons for protest as indicated in the above listed communications. Mayor Erickson announced that questions were now in order. Shannon Everson, Cameron Street, Huntington Beach, Director of Property Management at Safeguard Property Management, 1565 Scenic Avenue, Costa Mesa, manager of property at 753 Shalimar Drive, asked if the City had addressed the parking situation, particularly in the south alley. He observed that if the carports were removed, the only remaining parking would be approximately three spaces per building, and the units. ardlourplexes. The Public Services Director replied that the carport structures would be removed but the cars would be able to park in the same location. Mr. Emerson wondered why Code Enforcement had not issued citations to the property owners in relation to the alley conditions. The City Manager explained that special housing code enforcement personnel have cited numerous property owners for various violations of the Uniform Building Code and the Uniform Health Code. Mr. Emerson insisted that code enforcement was the proper venue to deal with nonconforming alleys. 333 332 Ming Hsia, 20622 Lavonne Lane, Huntington Beach, owner of property at 774 Shalimar Drive, asked if he could repair the alley behind :his property with concrete and thus be relieved from the assessment. The City Attorney responded that every property owner has the right to rebuild his alley iri order to meet the private alley standard .which isa separate issue from . the assessment district. Mr. Hsia requested a response to his question in writing. Bill Benson, Pier Realty, 200 Main Street, Suite 115, Huntington Beach, asked David Oster, the City's bond counsel, if indeed the assessment bonds undercut the integrity of the existing first trust deeds against the property. Mr. Oster responded that the assessment lien takes priority over all private liens. Jim Smith, resident' manager of 755 West 18th Street, Costa Mesa, asked how it would affect the assessment district if the one bad spot in the alley behind his property were mended. The City Attorney replied that if the assessment district were adopted and Mr. Smith improved the alley in conformance with the engineering plans, a credit would be applied. Peter Fyfe, 17521 Luther Avenue, Irvine, owner of property at 753 Shalimar Drive, wanted to know if public health and safety requirements would apply and if improvements would be required for the alleys only. The City Attorney stated that the alleys have not been repaired pursuant to the City's private reconstruction ordinance. He explained that if there is a condition which exists in the alleys as indicated by the City Engineer, and if there is a majority protest, Council must make a finding in order to override that protest. David Oster stated that under assessment laws, the public health and safety are within Council's discretion based on all the facts and circumstances. Larry Weichman, property manager of 753 Shalimar Drive, asked what restitution the City would make to property owners whose carports are removed. Mayor Erickson answered that removal of the carports would still allow for open parking. Mr. Weichman commented that some City owned property is in worse condition than the land being assessed. Clark Brown, 407 East Florence Avenue, Inglewood, representing Freddie Mac, owner of property at 787 and 799 Shalimar Drive, addressed the engineer's report prepared by Berryman & Henigar, Part III, Debt Limit Information, questioning the statement, "True Value of Parcels means the total value of the land and improvements as estimated and shown on the last equalized roll of the County or as determined by other reasonable means." He asked if values were determined for individual parcels within the district. Joan Cox responded that the values were based upon logical estimates from information received on the easement values. Robert Graham, 3260 Dakota Avenue, Costa Mesa, thought that the alleys were actually parking areas, and suggested fencing between every two units with the driveways exiting onto the street. Mayor Erickson announced that now. was the time for oral protests. The following persons spoke in protest of the assessment district: Timothy M. Kuhn, 520 South Sepulveda Boulevard, Suite 203, Los Angeles, Superior Court Receiver for property at 792 Shalimar Drive; Kathy Nelson, 954 Monrovia Avenue, Costa Mesa, manager of property at 741 James Street; Ming Hsia, 20622 Lavonne Lane, Huntington Beach, owner of property at 774 Shalimar Drive; Jim Smith, resident manager of 755 West 18' Street; Gayle Gardner, Post Office Box 798, Newport Beach, owner of property at 755 West 18th Street; Peter Fyfe, 17521 Luther Avenue, Irvine, owner of property at 753 Shalimar Drive; Clark Brown, 407 East Florence Avenue, Inglewood, representing Freddie Mac, owner of property at 787 and 799 Shalirpar Drive; Paul Purtell, 6278 Pitcairn Street, Cypress, owner 'of"'property at 796. Shalimar Drive; Robert Graham, 3260 Dakota Avenue, Costa Mesa; Dorothy Adams, 220 Amherst Road, Costa Mesa; Jeffrey Woodman, 779 Shalimar Drive; Helmut Mauritz, 1100 Mar Vista Avenue, Seal Beach, owner of property at' 757 Shalimar Drive; Shannon Everson, Cameron Street, Huntington Beach, Director of Property Management at Safeguard Property Management, 1565 Scenic Avenue, Costa Mesa, manager of property at 753 Shalimar Drive; Steve Stovall, President of Century 21 A Neighborhood Emporium, 16185 Brookhurst Street, Fountain Valley, representing Freddie Mac, owner of property at 787 and 799 Shalimar Drive; and Hella Tarnawski, 17031 Westport Drive, Huntington Beach, owner of property at 770 Shalimar Drive. Mayor Erickson announced, that this was the time to hear proponents of the assessments. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, reported that over the last 10 years, the City Council has actively reached out to the property owners through Code Enforcement and community meetings. He commented that the Shalimar Drive property owners have adversely affected the persons who live on their property. He supported formation of the assessment district and applauded the Council. The Public Services Director clarified that removal of the carports on Alley Nos. 1 and 2 had been recommended because they are a hazard to the public health and safety. He reported that this would only result in a loss of parking spaces should the City prohibit parking there because the alleys were public, but felt for the most part, that this would not occur. Joan Cox, Berryman & Henigar;' `2001 East First Street, Santa Ana, confirmed that there was a majority protest. The Deputy City Manager corroborated that by removing the carports, the legal nonconformity of the properties would be increased but there would be outdoor, concrete paved parking spaces. The Public Services Director stated that the property owners have the opportunity to upgrade the carports to meet standards in which case they would receive credit and not be assessed for the removal. 3+13`3 a3 �4 Council Member Hornbuckle expressed her desire to form the assessment district at this point and continue to work with the property owners. Mayor Pro Tem Buffa proposed applying a fixed time, such as 60 days. The bond counsel responded to questions from Council. Council Member Genis suggested not investing unlimited monies on bond counsel's time prior to ascertaining the equity in each piece of property. The City Attorney clarified that the first motion in this process would require a four-fifths vote to ioverride the majority protest. MOTION/To Adopt A motion was made by Council Member Hornbuckle, seconded Resolution Over- by Mayor Pro Tem Buffa, to adopt the resolution overruling riding Protest protests for Assessment District No. 96-1. Council Member Monahan opposed the motion because he felt the property values could not handle the additional assessments. He objected to requiring concrete alleys contending that asphalt would do the job and save money; and he and doubted that a public nuisance finding could be made. He viewed this as a property rights issue but acknowledged that the alleys are in poor repair and should be improved in the near future. He suggested that property owners consider upgrading drainage when effecting the alley repairs. Council Member Hornbuckle agreed that this is a property rights issue and includes other persons in the Shalimar Drive neighborhood who have had this situation thrust upon them for many years. David Oster explained that if Council desired to reduce or eliminate properties from the assessment district, those properties would no longer be subject to assessment and their protest would not count. . Council Member Monahan commented that if this item is continued, he would like further steps taken to ensure that all property owners are notified. SUBSTITUTE A substitute motion was made by Mayor Pro Tem Buffa, MOTION seconded by. Council. Member Genis, and carried 4-1, Council Continued to Member Hornbuckle voting no, to continue the public hearing January 6, 1997 to the meeting of January 6, 1997, directing staff to work with the affected property owners to ensure that the project commences within that 60 -day period. Council Member Genis stated that the worst part of the problem is. debris 'in the alleys. She asked that Code Enforcement check into the properties at 779 and 783 for overflowing dumpsters, and 796 and 799 for discarded furniture. Council Member Hornbuckle suggested that the City consider writing to whomever regulates banks and to the home offices of individual banks that own properties, and encourage them to give back .to the community in which they are doing business. RECESS The Mayor declared a recess at 8:50 p.m., and reconvened the meeting at 9:00 p.m. r - 3 35 PUBLIC HEARING The Deputy City Clerk announced that this was the time and GP -96-02B; place set for the public hearing for Mark Fink, Donco & Sons, Rezone Petition Inc., 725 North Cypress, Orange, authorized agent for George R-96-03; Planning Ibrahim, 3638 Green Garden Lane, Orange, for property Action PA -96-55, located at 2490 Fairview Road: General Plan Amendment GP - Ibrahim 96-02B, to change the land use designation from High Density Residential to Neighborhood Commercial; Rezone Petition R- 96-03, to rezone from R3 to Cl; and Planning Action PA -96- 55, a conditional use permit to construct a 1,080 -square -foot mini-market/gas station with attached canopy and four pump islands, and a variance from street setback landscape requirements (20 -feet required, 10 -feet minimum proposed). Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Associate Planner reviewed the Agenda, Report dated October 16, 1996. Mark Fink, authorized agent, stated that he and the applicant had reviewed the proposed conditions of approval, as well as the proposed mitigation measures, and agree to all the terms. Bernard Eisenberg, 180 Fairwinds Lane, Costa Mesa, member of the Fairview Village Homeowners Association Board of Directors, suggested that the term "mini -market" be changed to "snack shop". He explained that a mini -market is similar to a grocery store which is unacceptable. The Associate Planner responded that mini -market is the standard terminology but it would be acceptable to substitute the term snack shop. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Adopted Resolution Council Member Monahan, and carried 5-0, to take the - 96 -96; Gave Ordi- following action: nance 96-12 First Reading Adopt Resolution 96-96, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -96-02B, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, adopting the Negative Declaration, including the DeMinimus finding. Give first reading to Ordinance 96-12, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REZONE PETITION R-96-03 CHANGING THE ZONING OF 2490 FAIRVIEW ROAD FROM R3 TO C1. Mayor Pro Tem Buffa commended both the applicant and the homeowners association for working together on this application. OLD BUSINESS The Deputy City Clerk presented from the meeting of Costa Mesa Job September 3, 1996, review of the operation of the Costa Center Mesa Job Center. A copy of a letter addressed to the Chancellor of Coast Community College District from Lefteris Labrakas, 354 Broadway, Costa Mesa, was received, in which he requested the College District to assist the City in retaining 336 the Job Center. The Recreation Superintendent summarized the Agenda Report dated October 18, 1996. Eleanore Humphrey, 1684 Whittier Avenue, Costa Mesa, member of. the Human Relations Committee, supported the Job Center, stating that it is extremely orderly and the area is clean. Pat Lester, 264 Brentwood Street, Costa Mesa, supported the Job Center, reporting that it alleviated loitering and other problems in the area. Council Member Monahan discussed the potential use of Community Development Block Grant (CDBG) funds to support the Job Center and suggested continuing this item until a response is received from Housing and Urban Development (HUD) regarding the use of CDBG funds. MOTION/To Con- A motion was made 'by Mayor Pro Tem Buffa, seconded by tinue for 30 Days Council Member Monahan, to continue this item for 30 days. AMENDED MOTION At. the request of Council Member Monahan, Mayor Pro Tem Continued Until Buffa amended the motion to continue this item until such HUD Response time as a response is received from HUD, authorizing staff to Received forward a letter containing Council's comments to HUD and local representatives. The amended motion was seconded by Council Member Monahan, and carried 5-0. Council Member Genis felt that the other options should also be investigated, such as the . $2.00 -per -day charge to employers. OLD BUSINESS The Deputy City Clerk presented from the meeting of October Regulation of Dogs 7; 1996, an ordinance amending Section 12-42 of the Costa Mesa Municipal Code ,pertaining to the regulation of dogs; and City Attorney's Report No. 96-78A. The Park Superintendent summarized the Agenda Report dated October 23, 1996. MOTION A motion was made by Council Member Monahan, seconded Ordinance 96-13 by Council Member Hornbuckle, and carried 5-0, to give first Given First Reading reading to Ordinance 96-13, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 12-42 OF TITLE 12 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO REGULATION OF DOGS, GENERALLY, directing staff to incorporate the recommendations from the Bark Park Committee into the final version. NEW BUSINESS The Deputy City Clerk presented the Library Services Library Services Committee Recommendations: Committee Recommendations Determine whether to remain in the Orange County Public Library System (OCPLS). Determine whether to extend the tenure of the Library Services Committee. Determine the disposition of the additional $68,547.00 to be allocated this year to the City of Costa Mesa by OCPLS. A- communication was received from Gay Geiser -Sandoval, 3408 Geranium Street, Costa Mesa, suggesting that the City keep or reduce the number of hours that the libraries are open but reconfigure those hours to the times of heaviest use. The Assistant to the City Manager reviewed the Agenda Report dated October 22, 1996. Council Member Genis, Council liaison to the committee, commented that they donated many hours both at meetings and doing outside research, and introduced: those members in attendance. Mayor Erickson stated for the record that Council was in receipt of a memorandum dated October 23, 1996, from Eleanore Humphrey, the committee's Chairperson. Eleanore Humphrey, 1684 Whittier Avenue, Costa Mesa, reported on the committee's activities. She expressed her appreciation to Council Member Genis and the Assistant to the City Manager for their assistance. Barbara AI-Bayati, 2163 National Avenue, Costa Mesa, stated that she would like to have the government fund the libraries; however, she acknowledged the possibility of a public/private sector partnership. John Adams, County Librarian, indicated that the current issues represent . a drastic change in library services throughout Orange County. He reported that effective in January, 1997, instead of having a system imposed by the Board of Supervisors, there will be a cooperative partnership of members in the system. He stated that the key provision for Costa Mesa, in addition to establishing a Library Board comprised of City Council representatives, is the implementation of an allocation formula which divides the available dollars based on a mathematical formula which provides the opportunity to enhance the level of service in the City. Ken White, 2824 Shantar Drive, Costa Mesa, addressed the library hours, Option Three, as noted on Page 5 of the Agenda Report, stating that the objective is to close the libraries at certain times in order to fund the purchase of more books. He mentioned that the committee has voiced the opinion that circulation could be curtailed by cutting the hours of operation. .MOTION A motion was made by Mayor Pro Tem Buffa, seconded by To Approve Option Council Member Genis, to approve Option 3, modifying the 3 Donald Dungan Library schedule to extend the hours of operation on Thursdays from 10:00 a.m. to 9:00 p.m. The City Manager suggested. clarifying the funding before selecting an option. Mayor Pro Tem modified his motion to retain the Donald Dungan Library hours of operation as originally stated, 10:00 a.m. to 6:00 p.m. Council Member Genis did not concur. After clarification by the Assistant to the City Manager, Council Member Genis retained her second to the motion. Council Member Monahan opposed the motion because he felt that the Donald Dungan Library should have the extended hours. 3,37 3.38 SUBSTITUTE A substitute motion was made by Council Member MOTION/Approved Hornbuckle, seconded by Council Member Monahan, and Option 2 carried 5-0, to approve Option 2, retaining the 110 total hours, using the $68,547.00 for the collection, directing the Library Services Committee to reexamine the hours that the libraries are open, within the 110 -hour time frame, and investigate a method by which the libraries could add Sunday hours, changing their iopening to 12:00 p.m. on other days. Council Member Genis thought that more hours should be added :i`n. lieu 'of purchasing new books for which there is limited space.. Mayor Erickson had hoped that at least one library would be open on a Sunday afternoon. Council Member Hornbuckle suggested asking the committee to rearrange the hours but to stay within the present funding. John Adams confirmed that November 15, 1996, was the deadline to. advise the • County of the City's preference in service hours, but agreed that November 18 would be acceptable. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Approved Remaining Council Member Monahan, and carried 5-0, to remain in the in OCPLS and Orange County Public Library System and to extend the tenure Extending Library of the Library Services Committee until March, 1997, advising Services Committee the committee to continue to examine options for separation. Continued to Mayor Erickson advised the committee that they should meet November 18, 1996 one time prior to the Council meeting of November 18, 1996, to determine a recommendation concerning library hours. NEW BUSINESS The Deputy City Clerk presented a request for an original Type ABC License for 41 Alcoholic Beverage License (on -sale beer and wine for a Sam Woo's Seafood bona fide public eating place) from Sam Woo's Seafood Restaurant, 901-C South Coast Drive, No. 180 (Metro Pointe Center). The Deputy City Manager reviewed the Agenda Report dated October 18, 1996. MOTION A motion, was made by Mayor Pro Tem Buffa, seconded by Received and Filed Council Monahan, and carried 5-0, to receive and file the request. NEW BUSINESS The Deputy City Clerk presented the proposed verbiage and "Circle of Service" installation of a plaque honoring Chic Clarke in the "Circle of Plaque Honoring Service" as requested by the Costa Mesa Planning Chic Clarke Commission; and a change to Section 6c of Council Policy No. 800-4 to allow round plaques as opposed to the specified 4 - inch by 8 -inch rectangular plaques. Mayor Erickson announced for the record that a memorandum dated November 4, 1996, had been received indicating that a private party is donating the cost of installation of the plaque. The Park Superintendent reviewed the October 22, 1996, Agenda Report. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Approved Plaque Council Member Hornbuckle, and carried 5-0, to approve the and Policy Change plaque and the Council Policy change. NEW BUSINESS The Deputy City Clerk presented a request from Henry 'N Request for.Taxicab Harry's Goat Hill Tavern, .1830 .Newport Boulevard, for a Stand, Goat Hill taxicab stand to be located at 1830 Newport Boulevard. Tavern Council Member Monahan. announced that he would abstain from ,voting on this item. The Finance Director summarized the Agenda Report dated October 28, 1996. Gary Monahan, 2184 Rural Place, Costa Mesa, commented that since the Orange County Transportation Authority (OCTA) has not decided if the bus route will be relocated from Orange Avenue to Newport Boulevard, perhaps this stand could be approved on a trial basis. Pat Lester, 264 Brentwood Place, Costa Mesa, property manager for 1808 and 1810 Newport Boulevard, asked how the loss of street;,i arking affects the allocation of parking in the alley. The City Attorney confirmed that the spaces on Newport Boulevard are for, public parking and not assigned to any property. He stated that Mr. Lester was referring to the Vehicle Parking District which was available to business owners who paid for the district. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, approved of installing a taxicab stand in close proximity to a bar in order to offer inebriated patrons the opportunity not to drive. Heather Somers, 427 East 17th Street, Costa Mesa, supported installation of the stand and suggested making it a prerequisite for new establishments which serve alcohol. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Approved Request Member Genis, and carried 4-0, Council Member Monahan abstaining, the request was approved. NEW BUSINESS The Deputy City Clerk presented Community Objectives - Community Objec- Quarterly Status Report for 1995=96 and 1996-97 Objectives. tives Status Report The Budget & Research Officer reviewed the Agenda Report dated October 28, 1996. MOTION On motion by Council Member Monahan, seconded by Mayor Received and Filed Pro Tem Buffa, and carried 5-0, the report was received and filed. NEW BUSINESS The Deputy City Clerk presented a request from Mayor Center Street Erickson for City Council approval to install barriers in the Alley Barriers Center Street alley, north of Center Street, west of Placentia Avenue. Mayor Erickson reported that he had received complaints from residents that the barriers installed on Shalimar Drive had relocated criminals to the Center Street alley. The City Manager reviewed the Agenda Report dated October 31, 1996. The Public Services Director responded to questions from Council. The Police Chief endorsed the installation of barriers as an effective tool. The City Manager reported that additional lighting has been installed along the subject alley to assist in alleviating the situation. 339 Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, asked if it would be appropriate for property owners who, owned their alley to install the barriers instead of the City. He felt that installation of these barriers would only drive the criminal element elsewhere. -He alluded to an incident which occurred the previous week involving gang activity. The Police Chief responded that the occurrence was a, well-planned and well - executed gang raid on several locations. He explained that the p,'urpose of the barriers is to block an. escape route. Pat Lester, 264 BrentwoodPlace, Costa Mesa, thought that there are liability, concerns to be addressed should the property owners construct barriers. The City Manager stated that City staff had spoken with several of the residents over a period of time but did not send a notice for this 'evening's meeting. Council Member Hornbuckle suggested contacting the remaining affected property owners because there may be some impact. MOTION A motion was made by Council Member Hornbuckle, seconded Approved Barriers by Mayor Pro Tem Buffa, and carried 5-0, to tentatively approve installation of the barriers, directing staff to advise on the location of the barriers and their impact on emergency response, trash collection, and so forth; and to notify residents in the area when this item will again be heard by Council. The Public Services Director advised that the item would return to Council in approximately 45 to 60 days. NEW BUSINESS The Deputy City Clerk presented a request from Council Purchase of Member Monahan for City Council approval to, purchase Breathalyzer Units Breathalyzer Units for Driving Under the Influence (D.U.I.) Enforcement. Council Member Monahan reviewed the Agenda Report prepared by. the Police Department dated October 31, 1996. The Police Chief reported that the Breathalyzer Units reduce the amount of time involved in processing a drunk driver. He indicated that only four units were required at this time. Council Member Hornbuckle proposed purchasing those which have the, rechargeable power unit. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Approved Purchase Member Genis, and carried 5-0, the purchase was approved. CITY ATTORNEY'S The City Attorney presented from the meeting of October, 7, REPORT 1996, City Attorney's Report No. 96-80 and a resolution Dog License Fees establishing a discount for dog license fees for dogs under the age of 10 months; -and requirements for rabies vaccination records. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Adopted Resolution Member Monahan, and carried 5-0, Resolution 96-97, A 96-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A DISCOUNT FROM FEES FOR DOG LICENSES FOR DOGS UNDER THE AGE OF TEN MONTHS, was adopted. F� Council Member Genis stated for the record that she had obtained rabies shots for her dog, and at four months she obtained a license for him at the regular rate; therefore, she would vote on this item. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Sections 54956.9(b)(1) and 54956.8 to for Closed Session: discuss the following items: Threat of litigation by Carmen Litigation by Brock Brock and Jeffrey A. Klein, and request for defense for and Klein; Civic Thomas A. Kathe, City Attorney, and Jerry Scheer, Assistant Center Barrio City Attorney; and consider loan terms for purchase of real Purchase property at 1022 EI Camino Drive by Civic Center Barrio. Mayor Erickson announced that closed session would be held at the conclusion of regular business. COUNCIL Council Member Genis explained what election slate mailers COMMENTS/Slate were, stating that they are paid political advertising, and Mailers; November forewarned the public to beware of scams. She urged 5 Election everyone to vote on Tuesday, November 5. Fujimoto Promotion Council Member Hornbuckle congratulated Keith Fujimoto on his promotion to Battalion Chief. Spring, 1997, Mayor Erickson asked Council to provide the Redevelopment Neighbors -for- and Housing Manager with proposed locations for the Neighbors Cleanup Neighbors -for -Neighbors cleanup to be held in Spring, 1997. ADJOURNMENT TO At 10:40 p.m., Mayor Erickson adjourned the meeting to a CLOSED SESSION closed session in first floor Conference Room C to discuss the items previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 11:35 p.m., and the RECONVENED action taken during closed session was announced. MOTION Regarding the threat of litigation by Carmen Brock and Jeffrey Defense Granted in A. Klein, and the request for defense for Thomas A. Kathe, Brock and Klein City Attorney, and Jerry Scheer, Assistant City Attorney, by a Litigation vote of 5-0, Council waived possible conflicts and granted the requests to defend/indemnify City Attorney Kathe and Assistant City Attorney Scheer. . MOTION/Gave Regarding the loan terms for purchase of real property at 1022 Staff Direction on EI Camino Drive by Civic Center Barrio, by a vote of 5-0, Barrio Property Council gave direction to the City Manager. ADJOURNMENT The Mayor declared the meeting adjourned at 11:40 p.m. c r-74 r Mal a o of the City of Costa Mesa ATTEST: Deputy City CI4k of the City of Costa Mesa 341