Loading...
HomeMy WebLinkAbout03/03/1997 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA March 3, 1997 The City Council of the City of Costa Mesa, California, met in regular session March 3, 1997, 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 Erickson, and invocation by Minister Andrew Wall, Church of Christ. ROLL CALL Council Members Present: Mayor Peter Buffa Mayor Pro Tem Gary Monahan Council Member Joe Erickson . Council Member Libby Cowan Council Member Heather Somers 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 Police Chief Dave Snowden Police Lieutenant John Fitzpatrick Police Lieutenant Ron Smith Assistant to the City Manager Ann Gyben Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council February 18, 1997 Member Somers, and carried 5-0, the minutes of the regular meeting of February 18, 1997, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded RESOLUTIONS by Council Member Cowan, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Charles Markel, 121 Baywood, Newport Beach, presented the Mesa Pride Drawing Mesa Pride Tenth Annual Drawing Award, on the _theme and Essay Contest "Artwork of a Farm Animal of Your Choice", to Aaron Harper, Winners Third Grade student at Kaiser Elementary School; and the Tenth Annual Essay Award, on the theme "What Would You Do to Develop the Excess Property at Costa Mesa High School - Park, Homes, Athletic Fields, etc.?", to Celinda Sandoval, Sixth Grade student at Paularino School. Mayor Buffa presented certificates of congratulations to the contest winners. Mr. Markel introduced members of Mesa Pride, as well as family members and teachers of the winning students, and thanked South Coast Plaza for the $50.00 gift certificates presented to the six participating teachers. RECOGNITION Mayor Buffa recognized Jim Ferryman, Board Member of the Costa Mesa Sanitary District and the Newport -Mesa Unified EE (ORAL COMMUNI- CATIONS Costa Mesa High School Report Harbor Boulevard Block Wall Continental Cable- vision Complaint Cirque du Soleil Complaint Sutro Appointment Applauded CONSENT CALENDAR MOTION/Approved Except Item 6 WRITTEN COMMU- NICATIONS Adopted Resolution 97-16, Authorizing Records Destruction for Transportation School District, and Art Perry, Board Member of the Sanitary District, who were in attendance. He congratulated Mike Schaefer for the opening of the National League Little League on Saturday, March 1, 1997. I io Kim, 3083 Johnson Avenue, Costa Mesa, Associated udent Body President of Costa Mesa High School, reported upcoming school activities including the "Pennies for tients" fund raiser for leukemia research; jazz night in the hool cafeteria at 7:00 p.m. on March 4, 5, and 6; featuring e school band and choir groups; Mesa Pride day will be held iturday, March 8, from -8:30 a.m. to 11:30 a.m.; ternational Week which promotes student cultural vareness, March 17 to 21; the Sadie Hawkins Day dance heduled for April 18, 8:00 p.m. to 12:00 p.m. in the school ,mnasium; and the Senior Prom will be held on May 17 at e Windham Garden Hotel in Costa Mesa, from 8:00 p.m. to ?:00 P.M. idy Peck, 460 Elmhurst Lane, Costa Mesa, reported that her operty is located adjacent to Harbor Boulevard in the College irk housing tract. She felt that the block wall which parates her property from Harbor Boulevard should be placed, and asked that this be considered as a future iprovement. Mayor Buffa suggested that Ms. Peck contact e Public Services Director but explained that the situation is implicated since the wall is located largely on private operty. nton Pace, 264 Costa Mesa Street, Costa Mesa, mplained about the rates imposed by Continental iblevision, Costa Mesa, stating that they have modified his rvice and are charging a higher fee. Mayor Buffa asked Mr. ce to contact the City Manager's office for assistance in ndling this matter. )n McGee, 212 Wellesley Lane, Costa Mesa, _read a prepared atement which indicated that the volume of the music from e Cirque du Soleil is increasing. He urged Council to take ;tion to end the harassment, and gave his written statement the Deputy City Clerk. arles Markel, 121 Baywood, Newport Beach, applauded the :ent appointment of Tom Sutro to the Planning Commission. following items were removed from the Consent idar: Item No. 6, Agreement with Ron Yeo, FAIA, itect, Inc. to design the restroom at Davis Field in Lions (in motion by Council Member Erickson, seconded by Council Member Cowan, and carried 5-0, the remaining Consent Calendar items were approved as recommended. Resolution 97-16, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FO.R THE TRANSPORTATION DIVISION OF THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75- 6;0, was adopted. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Gregory Barnett; Anna Macklin; Randle Moore; Paula Smith; and Willdan Associates. Alcoholic Beverage A request from Taco Express for a person-to-person License transfer of a Type 41 on -sale beer and wine Alcoholic Beverage Control (ABC) license at 427 East 17th Street. WARRANTS Warrant Resolution 1644, funding City operating expenses in Approved Warrant the amount of $1,094,137.87; and Payroll 9703 for 1644/Payroll 9703 $1,366,228.97, were approved. ADMINISTRATIVE Painting at Various;. Locations, Project No. 96-17, was ACTIONS completed to the satisfaction of the Public Services Director Accepted Work by on January 10, 1997, by A. J. Fistes Painting Company, A. J. Fistes for 3224 G Willow Street, Signal Hill. The work was accepted; Painting at Various the Deputy City Clerk was authorized to file a Notice of Locations, Project Completion; authorization was given to release retention No. 96-17 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. Awarded Repair of Bids for Repair of Storm Damaged Streets, Project No. 96-19, Streets, Project No. Federal No. ER 2882-(005), are on file in the City Clerk's 96-19, to R. J. office. The contract was awarded to R. J. Noble Company, Noble 15,905 East Lincoln Avenue, Orange, for $650,831.25. Approved Amend- An amendment was approved to the Professional Services ment to Agreement Agreement with Van Dorpe Chou Associates, Inc., 196 North with Van Dorpe Rampart Street, Suite A, Orange, in an amount not to exceed Chou for Neighbor- $15,000.00, in conjunction with the Neighborhood hood Improvement Improvement Strategy; and the City Manager was authorized Strategy to sign. r Adopted Resolution Resolution 97-17, A RESOLUTION OF THE CITY COUNCIL OF 97-17 Awarding THE CITY OF COSTA MESA, CALIFORNIA, TO.AWARD SOLE ABLE Sole Source SOURCE CONTRACTS TO INSTALL AVIONICS INSTRU- Contracts MENTS AND INFRARED SYSTEMS ON HELICOPTERS OF THE AIRBORNE LAW ENFORCEMENT (ABLE) SERVICES AGENCY, was adopted; awarding a contract for the purchase of avionic instrumentation to Western Avionics, Inc., 19711 -A Campus Drive, Santa Ana; and awarding a contract for the purchase of thermal imaging/video system to WESCAM, Inc., 8990 South West Zander Court, Portland, Oregon. Agreement with Ron Item 6 on the Consent Calendar` was presented: Agreement Yeo for Davis Field with Ron Yeo, FAIR, Architect, Inc., 500 Jasmine Avenue, Restroom Design Corona del Mar, for $13,000.00, to design the restroom at Davis Field in Lions Park to replace the existing restroom that has been condemned due to structural failure. Mayor Pro Tem Monahan suggested continuing this item in order to obtain information regarding potential usage of the restroom in MOTION relation to activities conducted at Davis Field. On motion by Continued to Mayor Pro Tem Monahan, seconded by Council Member March 17, 1997 Cowan, and carried 5-0, this item was continued to the meeting of March 17, 1997. Council Member Cowan suggested that staff review the integrity of the sewer system 41 PUBLIC HEARING Assessment District No. 96-1 (Shalimar Drive Alleys) determine if it, or the connections to the sewer system, will ;ate additional costs. She proposed investigating alternative ;troom facilities. The Deputy City. Clerk announced the public hearing, continued from the meeting of January 6, 1997, to consider proposed Assessment District No. 96-1 (Shalimar Drive AlIleys). No communications were received. The Public I Services Director reviewed the Agenda Report dated February 24, 1997. He and the City Attorney responded to questions from Council. Jim Smith, resident manager of 755 West 18" Street, Costa Mesa, asked that this property be removed from the Assessment District because the work is in progress and should be completed within the next two weeks. I Paul Purtell, 6278 Pitcairn Street, Cypress, owner of 796 West Shalimar Drive; block captain for the north side, reported that several owners have questions regarding using the new versus the, old drainage system. He expressed his willingness to improve the parking area behind his unit if ,allowed to proceed along the old drainage areas. i John Lee, 1917 West Bay Crest, Santa Ana,, who is purchasing the 795 Shalimar Drive property, stated that improvements are made when the apartments are owned by individuals, not banks. He suggested postponing a decision for 60 days. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Erickson, seconded Directions Given by Council Member Cowan, and carried 5-0, directing the City to City Attorney Attorney to initiate code enforcement and public nuisance abatement for alleys where improvement has not begun within 6;0 days, PUBLIC HEARING Appeal of Entertain- ment Permit Denial for Newport Station, Helguero Council Member Erickson suggested issuing a press -release or holding a press conference publicly thanking property owners for improving the Shalimar Drive area, as well as advising the public of the poor condition of properties owned by some of the well-known banking institutions. i The Deputy City Clerk announced the public hearing, continued from the meeting of February 18, 1997, to consider an application from Elizabeth Helguero, 1638 South -Standard Avenue, Santa Ana, appealing the City Manager's denial of an entertainment permit for Newport Station, 1945 Placentia Avenue..A communication was received from the attorney for the appellant, Meir J. Westreich, 520 East Wilson Avenue, Suite 200, Glendale, requesting that the appeal be withdrawn. The City Attorney reviewed the Agenda Report dated February 24, 1997, and based on the above-mentioned letter from Mr. Westreich dated February 28, 1997, recommended that the appeal be taken off calendar and the letter from the attorney received and filed. There being no speakers, the Mayor closed the public hearing. { MOTION On motion by Council Member Erickson, seconded by Council Item Taken Off Member Cowan, and carried 5-0; the appeal from Elizabeth Calendar; Received Helguero was taken" ` off calendar, the letter from Mr. and Filed Letter Westreich was received and filed, and the City Attorney was directed to follow-up on this matter. OLD BUSINESS The Deputy City Clerk presented from the meeting of February CUP Requirements 18, 1997, second reading and adoption, of Ordinance 97-4, to for Liquor and Con- require conditional use permits for liquor stores, convenience venience Stores and stores and mini -markets in commercial, planned development Mini -Markets residential, and planned development commercial zoning districts. The Deputy City Manager summarized the Agenda Report dated February 28, 1997. MOTION/Adopted A motion was made by Council Member Erickson, seconded Ordinance 97-4 by Council Member;Cowan, and carried 4-1, Mayor Pro Tem Monahan voting '`'ho, to adopt Ordinance 97-4, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 13-40, 13-198, 13-209, 13-228, 13-251, AND ADDING SECTION 13-274.1 TO THE COSTA MESA MUNICIPAL CODE TO REQUIRE CONDITIONAL USE PERMITS FOR LIQUOR STORES, CONVENIENCE STORES AND MINI -MARKETS IN COMMERCIAL, PLANNED DEVELOPMENT RESIDENTIAL, AND PLANNED. DEVELOPMENT COMMERCIAL ZONING DISTRICTS, with the following addition, "Section 13-40 of the Costa Mesa Municipal code is hereby amended to include the following definition: Convenience store, mini -market. A retail store, generally less than 10,000 square feet in area, that sells a variety of convenience foods, beverages and non-food items. Fresh dairy products, produce and/or meat may be offered on a limited basis." OLD BUSINESS The Deputy City Clerk presented from the meeting of February Community 18, 1997, second reading and adoption of Ordinance 97-5, Improvements concerning community improvements, standards for vacant properties, and establishing abatement procedures. MOTION/Adopted On motion by Council Member Cowan, seconded by Council Ordinance 97-5 Member Somers, and carried 5-0, Ordinance 97-5, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER 111-1 /2 OF TITLE 11 OF THE COSTA MESA MUNICIPAL CODE CONCERNING COMMUNITY IMPROVEMENTS, STANDARDS FOR VACANT PROPERTIES, AND ESTABLISHING ABATEMENT PROCE- DURES,' was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of February Releaf Costa Mesa 13, 1997, an ordinance adding an ex -officio member to the Commission Parks, Recreation Facilities and Parkways Commission for Member Releaf Costa Mesa; and City Attorney's Report No. 97-14. The City Attorney reviewed his report dated February 25, 1997. MOTION On motion by Council Member Cowan, seconded by Council Ordinance 97-6 Member Somers, and carried 5-0, Ordinance 97-6, AN Given First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 12-59 OF IN NEW BUSINESS South Coast Plaza Banner Request MOTION Approved Banners NEW BUSINESS Fee Waivers for Fish Fry Parade and Carnival CHAPTER III OF TITLE 12 OF THE COSTA MESA MUNICIPAL CODE' ADDING AN EX -OFFICIO MEMBER TO THE' PARKS, RECREATION FACILITIES AND PARKWAYS COMMISSION FOR RELEAF COSTA MESA, was given first reading and passed to second reading. i The Deputy City Clerk presented a request from South Coast PI'aza,: to install 60 banners along Anton Boulevard, Avenue of the Arts, Town Center Drive, Bristol and Bear Streets, and Sunflower Avenue from March 7 through November 10, 1997, promoting the thirtieth anniversary of the 'Shopping Center. The Assistant to the City Manager summarized the Agenda Report dated March '3, 1997. Paul Freeman, C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, representing South Coast Plaza, stated that the 30 -year celebration is a significant milestone, and reported that they are investigating a more restrictive banner policy which would encompass only holiday and cultural events. He stated` that the Plaza opened its doors on March 8, 1967, and the dedication was held on March 15, 1967., Mr. Freeman acknowledged that the campaign is not high- profile, merely signage to recognize the 30 -year accomplishment and the difference the Plaza has made in the community. He assured Council that the banners would be maintained in first-class condition, and agreed to shorten the time period to exclude the majority of the month of October. A! motion was made by Mayor Buffa, seconded by Mayor Pro Tem Monahan, and carried 4-1, Council Member Erickson voting no,. to approve the banner request as outlined in the Agenda Report from March 7 through October 10, 1997. The Deputy City Clerk presented a request from the Costa Mesa -Newport Harbor Lions Club, Inc., Post Office Box 10628, Costa Mesa, for waivers and/or reduction of costs associated with the Lions Club Fish Fry Parade and Carnival: use of the Neighborhood Community Center; insurance for the event; and fees for Police Department, Public Services, and Community. Services staff and services. The Assistant to the City Manager summarized the Agenda Report dated February 21, 1997. i Ed Hodges, 518 Sturgeon- Drive, Costa Mesa, 2"d Vice President of the Lions Club, reported that the net proceeds from the 'Fish Fry Parade and Carnival are donated to local charities. Wolf Stern, Newport Beach, member of the Lions Club, stated that one million dollars has been ,raised for charity by the Fish Fry event during the last 15 years that he has been a member. He provided an overview of the event which is scheduled for May 30 and 31, and June 1, 1997, and expressed his opinion that this event will "put Costa Mesa on the map". Jim Ferryman, 1095 Tulare Drive, Costa Mesa, representing the Lions Club, described the parade route which is the same as used in previous years, noting that other routes had been considered but were disregarded because of attendance considerations. The Police Lieutenant reported that the department attempts to use as many volunteers as. possible, such as Police cadets and Police, Explorers. He indicated that an officer must supervise the volunteers, and the present plan is scaled down from previous years. The Police Chief explained that police officers may not volunteer their time. The City Attorney elaborated; that police officers in uniform in their own jurisdiction cannot work without being paid. Council Member Somers proposed staging the parade at the Vista Shopping Center -on the west end of 19th Street and conduct the entire parade on 19th Street. Mr. Ferryman responded that the Vista Shopping Center parking lot is not large enough to prepare for the parade, and the route would be too short (approximately two and one-half blocks). Council Member Somers suggested holding the Fish Fry carnival at the Orange County Fairgrounds in the future. Motion to Waive A motion was made by Council Member Cowan, seconded by NCC Fees, Subsi- Mayor Pro Tem Monahan, to waive the fees for rental of the dize Insurance, and Neighborhood Community Center (NCC) for a total of Waive Staff Fees $490.00; subsidize additional insurance for a total of Withdrawn $1,500.00 in order to bring the Lions Club liability insurance to $3 million; and waive $10,000.00 of staff fees for Police, Public Services, and Community Services, requesting that the Lions Club work to get sponsorship and donations to cover the balance of the costs. After discussion, Council Member Cowan agreed to withdraw the motion, and treat each item separately. Council Member Cowan clarified that the $10,000.00 would apply to the Police services at the special event rate, and Community Services costs that are identified on Page 16 of the Agenda Report dated, February 24, 1997. MOTION On motion by Council Member Cowan, Council Member NCC Fees Waived Erickson, , and carried 5-0, . the- fees for rental of the. Neighborhood Community Center (NCC) for a total of $490.00, were waived. MOTION A motion was made by Council Member Cowan, seconded by Approved Subsi- Mayor Pro Tem Monahan, and carried 5-0, to subsidize dizing Insurance additional ;insurance in the amount of $1,500.00. Motion to Waive A motion was made by Council Member Cowan, seconded by Police Fees for Council Member Erickson, to waive one-half of the proposed Harbor Boulevard Police Department fees of approximately $27,000.00 Route Withdrawn ($22,156.00 Special Event _Rate. for the Harbor Boulevard parade route plus $5,760.00 �" for the Carnival). After discussion, the motion was withdrawn. Motion to Waive A motion was made by Mayor Pro Tem Monahan to waive the Police. Fees $5,760.00 Police Department fee for the Carnival, and waive Withdrawn up to $10,815.00 of the Police Fee for the parade. After discussion, the motion was withdrawn. MOTION/Waived A motion was made by Council Member Somers, seconded by Carnival Police Fees Mayor Pro Tem Monahan, and. carried 3-2, Council Members Erickson and Cowan voting no, to waive $5,760.00 for Police Department services for the Carnival. ral Council Member Somers clarified that the Police fees for the Carnival are at the special event rate. Motion to Waive A!motion was made. by Council Member Somers to waive one - Police Fees for half of the $10,815.00 ( $5,407.50) Police fees to . conduct the Placentia the parade on Placentia Avenue. The motion died for lack of a ,Avenue Route Died second. Motion to Waive Amotion was made by Mayor Pro Tem Monahan to waive the Police Fees for $15,058.00 straight pay rate for Police services for the Harbor Boulevard Harbor Boulevard parade rate. The motion died for lack of a Route Died second. MOTION/Waived A; motion was made by Council Member Cowan, seconded by Police Fees for Council Member Erickson, and carried 4-1, Council Member Harbor Boulevard Somers voting no, to waive $10,000.00 of the Special Event Parade Route Police Rate for the Harbor Boulevard parade route. Motion to Waive A' motion was made by Council Member Cowan to waive Public and Commun- $4,000.00 of the $6,400:00 for Public Services and ity Services Fees Community Services costs. The motion died for lack of a Died second. Motion to Waive Ali motion was made by Mayor Pro Tem Monahan to waive the Fees Died Public Services $2,800.00 fee and the Community Services $3,605.00 fee. The motion died for lack of a second. i MOTION Al motion was made by Council Member Somers, seconded by Denied Waiver of Council Member Erickson, and carried 4-1, Council Member Remaining Fees Monahan voting no, to deny waiver of either the Public Services or Community Services fees. NEW BUSINESS The Deputy City Clerk presented Budget Adjustment No. 97- Budget Adjustment 3;9, appropriating $2,749,761.00 attributed to 1995-96 fiscal 97-39; and Sale of year net revenue; $.537,642.00, attributed to the sale of two City Property on City -owned parcels; and $1,510,000.00 attributed to Del Mar Avenue investment earnings and asset liquidation from the Capital and Charle and Asset Fund; and sale of City -owned property on Del Mar Hamilton Streets Avenue, and on the corner of Charle and Hamilton Streets. The Finance Director summarized the Agenda Report dated February 21, 1997. MOTION On motion by Council Member Erickson, seconded b,y Council Approved Adjust- Member Cowan, and carried 5-0, the budget adjustment was ment approved based on the staff recommendations on Page 7 of the Agenda Report. Mayor Pro Tem Monahan hoped that the Narcotics Forfeiture Fund Deficit of $548,000.00 would not be repeated in the future, and suggested attempting to save money by not tying the incoming funds to projects that are not annual, and by investigating each program to determine its cost savings potential. i MOTION/Authorized On motion by Council Member Erickson, seconded by Council City Manager to Member Somers, and carried 5-0, the City Manager - was Begin Action to Sell authorized to begin preliminary action to sell the properties. r �t V NEW BUSINESS The Deputy City Clerk presented the allocation of funds . Assembly Bill 3229 related to Assembly Bill 3229 - Citizens Option to Public Safety. The Police Lieutenant reviewed the Agenda report dated February 20, 1997. MOTION A motion was made by Mayor Pro Tem Monahan, seconded Allocated Funds by Council Member Somers, and carried 5-0, to allocate the funds as follows: Communications Conversion Equipment, 800 Mhz Communications System, $159,582.00; Hand-held radios, $50,000.00; Mobile radios, $25,000.00; and Personal Computer -Law Enforcement Intelligence Unit (LEIU), $3,000.00. NEW BUSINESS The Deputy City Clerk presented a request to fill vacancies on Commission the Parks, Recreation Facilities and Parkways Commission. Vacancies The City Manager,{,summarized the Agenda Report dated February 24, 1997. Motion to Reappoint A motion was made by Council Member Somers, seconded by Mehren and Stiller; Council. Member Erickson, to reappoint Richard Mehren and and Appoint Posos David Stiller, and appoint Felix Posos and Mike Scheafer to and Scheafer the commission for four-year terms expiring March 31, 2001. Withdrawn After discussion, Council Member Somers withdrew her motion. MOTION A motion was made by Mayor .Pro Tem Monahan, seconded Reappointed Mehren by Council Member Erickson, and carried 5-0, to reappoint and Stiller Richard Mehren and David Stiller to the commission for four- year terms expiring March 31, 2001. MOTION A motion was made by Mayor Pro Tem Monahan, seconded Appointed Scheafer by Council Member Erickson, and carried 4-1, Council Member Cowan voting no, to appoint Mike Scheafer to the commission for a four-year term expiring March 31, 2001. - MOTION/Appointed A motion was made by Mayor Pro Tem Monahan, seconded Pinkerton by Mayor Buffa, and carried 5-0, to appoint Sandy Pinkerton to the commission for a four-year term expiring March 31, 2001. Council Member Erickson asked when a Releaf Costa Mesa representative will be appointed an ex -officio member of the commission. The City Manager responded that Releaf Costa Mesa will be asked to submit the name of an individual to be considered for the appointment. Council Member Erickson noted for the record that Felix Posos did apply for the commission and is highly qualified for the post. NEW BUSINESS The Deputy City Clerk presented a request from Council Code Enforcement Member Somers for Council direction on Code Enforcement: An ordinance requiring inspection.of residential properties upon resale for correction.of Code violations. Establishment of City Council priorities for enforcement. Feasibility of a. Municipal hearing process on Code violations in addition to Municipal Court filing. 10 Reporting program on Code Enforcement activity and standards for accountability/effectiveness. i Council Member Somers read her report submitted March 3, 1997, into the record. D',orothy Adams, 220 Amherst Road, Costa Mesa, stated that she is a proponent of this code enforcement effort because it will "clean up" the City. Larry Weichman, 1165 Boise Way, Costa Mesa, President of the Mesa North Homeowners Association, and Vice President of Mesa Pride, reported on properties that he had brought to the attention of the City's Code Enforcement,, stating that progress has been made; however, he indicated that there are an insufficient number of code enforcement officers to address the number of existing problems. He listed the properties at 3000, 3040, and 3044 Fillmore Way as requiring the City's attention, and provided Council with a copy of the City of Buena Park's Neighborhood Improvement Task Force program. Dave Salcido, 954 West 17th Street, Costa Mesa, -objected to the proposed ordinance requiring inspection of residential properties upon resale, stating that it is an intrusion upon citizens' rights. He felt that problems could be corrected by other methods. I Greg Assaf, 129 Clearbrook Lane, Costa Mesa, General Manager of Real Estaters and Safeguard Property Management, 1565 Scenic Avenue, Costa Mesa, felt that there would be problems involved with requiring an inspection on every property for sale, and . felt that the City needs to improve its code enforcement with more officers. He offered the services of his firm for discussions on this issue. i Mayor Pro Tem Monahan stated that he was hesitant to support an ordinance requiring inspection on all resale properties, and stated that he would be open to some kind of voluntary type of inspection service. He supported asking the Development Services staff to outline accountability and expectations and to set up a reporting schedule for Council's review. Council Member Cowan opposed inspection on all resale properties, supported an outline of accountability and expectations from Development Services, and felt that setting Council goals will better prioritize areas for enforcement. She opposed relocating the Housing Code Enforcement in order to place it under the direct management of the Police Department, and supported a community -oriented code enforcement program. MOTION A motion was made by Council Member Erickson, seconded Authorized Staff by Council Member Somers, and carried 5-0, authorizing staff to Investigate to investigate voluntary inspection of residential property upon Voluntary Inspection sale for correction of code violations, with inspection to be at either the request of the buyer or ::the seller, but duly noted that inspection by the City is available, with the fee to be determined at a later date. y' 1 11 MOTION A motion was made by Council Member Erickson, seconded Authorized Staff by Council Member Cowan, and carried 5-0, authorizing staff to Prepare Compila- to prepare a compilation of existing reports relating to code tion Priority Report enforcement priorities for Council review. Mayor Buffa agreed that it is pertinent to review existing reports with the goal of a more effective, aggressive code enforcement with wider area of coverage. He expressed concern that enforcement has been over -focused on Shalimar Drive, and felt that there are other areas with specific problems which need to be targeted. MOTION/Authorized A motion was made by Council Member Erickson, seconded Staff to Investigate by Mayor Pro Tem Monahan, and carried 5-0, authorizing staff Hearing Process to investigate the feasibility of the Municipal hearing process. The City Manager stated that 30 days would be adequate to obtain the information regarding the hearing process. Council Member Erickson explained that his intent was that this be a collection of information to be reviewed at a study session in approximately 30 days Motion Authorizing A motion was made by Council Member Erickson, seconded Staff to Prepare by Council Member Cowan, authorizing staff to prepare a Reporting Program compilation of documents and policies regarding a reporting Withdrawn program on Code Enforcement activity to be prepared in approximately 30 days for a Council Study Session and possible further action at a public hearing. After discussion, Council Member Erickson withdrew the motion. Mayor Buffa clarified that Item (2) in Council Member Somers report on this item is related to New Business Item 6(d) deleting the second sentence, beginning with "This outline should be incorporated into the...". Council Member Somers added that her intent was to establish Council priorities for enforcement using the -knowledge gained from Development Services. MOTION A motion was made by Council Member Somers, seconded by Directions Given to Mayor Pro Tem Monahan, and carried 5-0, directing staff to Staff outline accountability and expectations and to set up a reporting schedule for Council review per Code Enforcement activity and their standards of effectiveness. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORTS/Request Government Code Sections 54956.9(a), 54945.9(b)(1), and for Closed Session: 54956.9(c) to discuss the following: provide a status report Carto v. City; Cirque on Carto v. City, ,United States District Court_ Case No. 95 -CV - du Soleil; and 1001 -BTM (Ajb); noise relating to - the Orange County Carmen Brock Fairgrounds and the Cirque du Soleil; and threat of litigation by Carmen Brock. Communications were received regarding the Cirque du Soleil from: Donna H. Blackman and Don McGee, 212 Wellesley Land, Costa Mesa, concerning the noise; Ed Fawcett, Executive Director, Costa. Mesa Chamber of Commerce, 1835 Newport Boulevard, Suite E270, Costa Mesa, stating that he fully understands the noise problems created by the Cirque du Soleil, but encouraged Council to consider the many benefits to the City; Becky Bailey -Findley, General Manager of the Orange County Fairgrounds, 88 Fair Drive, Costa Mesa, forwarding an outline of efforts being �� i I made to resolve the noise problems and inviting community participation in a meeting on March 6, 1997, at 7:00 p.m. at the Fairgrounds; and Jim Lindberg, President, Board of Directors, Orange County Fairgrounds, outlining' adjustments being made to address the noise which negatively affects the surrounding neighborhood. The Mayor announced that closed session would be held at the close of regular business. CITY MANAGER'S The City Manager proposed considering Fish Fry Parade and REPORT Carnival expenses during the budget process as opposed to Fish Fry Parade waiting until 30 to 45 days before the event to determine the and Carnival City's participation. COUNCIL Council Member Cowan congratulated residents of College Park COMMENTS who, in the interest of reinstituting their homeowners College Park Home- association, held a meeting at Fairview Community Church owners Association which attracted 125 participants. Joint Use Agree- Council Member Erickson commented on the effectiveness of ment the Joint Use Agreement with the Newport -Mesa Unified School District which enables hundreds children to participate in In sports events during the year. i County Library Mayor Pro Tem Monahan reported that as the City's Committee; St. representative he had attended his first meeting of the County Joachim 50th Library Committee. He announced that Sunday, March 16, Anniversary 19,97, is the 50th anniversary of St. Joachim Catholic Church, 1964 Orange Avenue, and issued an invitation to the 10:00 a.m. Mass and the reception following. ADJOURNMENT TO At 9:10 p.m., the Mayor adjourned the meeting to a closed CLOSED SESSION session in first floor Conference Room C to discuss the items previously announced by the City Attorney. i MEETING The Mayor reconvened the meeting at 9:35 p.m., and the RECONVENED action taken during closed session was announced. MOTION/City In jconjunction with Carto v. City, United States District Court Attorney Granted Case No. 95 -CV -1001 -BTM (Ajb), by a vote of 4-1, Council Settlement Author- Member Cowan voting no, the City Attorney was granted rity in Carto v. City settlement authority as recommended in the Assistant City Attorney's confidential memorandum dated - February 27, 1997." i MOTION/Directed By a vote of 5-0, the Mayor was directed to send a letter to Mayor to Send the 32nd District Agricultural . Association Board of Directors Letter on Cirque expressing the City's concerns about noise impacts by Cirque Noise du Soleil. No Action Taken in . No action was taken regarding the threat of litigation by Brock Issue Carmen Brock. 1 U I I ADJOURNMENT The Mayor declared the meeting adjourned at 9:40 p.m. Mayor of the City of C ATTEST: Deputy City 'flerk of the City of Costa Mesa I "I K ME0 LID-]