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HomeMy WebLinkAbout04/07/1997 - City Council531-L REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 7, 1997 The City Council of the City of Costa Mesa, California, met in regular session April 7, 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 Pastor William Hemenway, Christ Lutheran Church. 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 Community Services Director Keith lean Holt Police Lieutenant Alan Kent Senior Code Enforcement Officer Sandra Benson Fire Protection Ana_ Iyst.David Hollister Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Mayor March 10 and Pro Tem Monahan, and carried 5-0, ,the minutes of the special March 17, 1997 Council meeting of March 10, . 1997; special joint Council/Redevelopment Agency meeting of March 10, 1997; and regular Council meeting of March 17, 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. NEIGHBORHOOD Mayor Pro Tem thanked Bruce Dickey, Ross Street, for WATCH MEETINGS hosting the Neighborhood Watch meeting on March 19, 1997. PRESENTATION Rob Attridge, District Manager, Automobile Club of Southern Pedestrian Safety California (AAA), 3350 Harbor Boulevard, Costa Mesa, stated Award from AAA that the new Costa Mesa facility offers a full service travel agency, automotive services, and various insurance needs. He presented Mayor Buffa with the Pedestrian Safety Award which honors the City for having a fatality -free pedestrian safety record for 1995-96. I� [1 31 ORAL COMMUNI- Jetsun Jacobs, 12570 Barrett Lane, Santa Ana, a senior at CATIONS/Monte the Alternative Education Center at Monte Vista High School, Vista High School gave a brief overview of his personal endeavors that he has Report accomplished while attending Monte Vista High School. He reported that the school recently received $25,000.00 from the State of California which will be used to purchase computers; Orange Coast Middle College High School is a new . program through the Newport -Mesa Unified School District and Orange Coast College to provide a supportive academically challenging environment for high potential students; and Mr. George Spangler, a teacher at Monte Vista High School was recently honored with the Golden Touch Award for outstanding service to students. He presented Mayor .. Buffa with a compact disc and video of his composition, "Jetsun the Composer". Commercial Cliff Zeppieri,1962" Maple Avenue, Costa Mesa, complained Vending Vehicles about the loud horns of commercial vending vehicles that go and Water Build-up through his neighborhood from 7:30 a.m. to 10:30 p.m. He Problem in Alley also reported on the alley behind his home where water builds up after a rain fall. He suggested that the City pave the alley. Mayor Buffa asked Mr. Zeppieri to give the photographs of the alley to the Public Services Director who would contact him regarding this issue. Misuse of Firearms Wayne Morse, 1139 EI Camino Drive, Costa Mesa, President of the, local National Rifle Association (NRA), was concerned about the misuse of firearms at TeWinkle Park. He reported that the California Department of Fish & Game provide a program for citizens who have witnessed any misuse or injury to wildlife to contact "CaITIP" at 1-800-952-5400. He displayed a- sign which states that any individual misusing firearms and injuring the wildlife will be subject to a $5,000.00 fine and/or six months in jail. He asked if these .signs. -could be posted throughout TeWinkle Park. Mayor Buffa suggested that Mr. Morse submit the sign to the City Manager's office so that the appropriate procedures can be followed. Promoting Costa Robert Graham, 3252 Dakota Street, Costa Mesa, made three Mesa proposals for signage on promoting Costa Mesa: install a sign in front of the empty field next to Costa Mesa High School on Fairview Road indicating that a large recreation facility is planned for that location; install signs along Harbor Boulevard promoting the Costa Mesa Golf and Country Club; and install a sign at "Moon Park" that would indicate the entrance to the river trail. Mayor Buffa suggested that Mr. Graham submit his suggestions in writing to the Community Services Director:': - Allocation of Funds John Rule, 215 East 23`d Street, Costa Mesa, felt that the from Farm Site money that Newport -Mesa Unified School District received Purchase from the City for purchase of the farm site should be used orily at Costa Mesa High School and not divided between all the schools in the district. He. reported that the high school is in need of a swimming pool, a .stadium, a new roof, and landscaping. He advised that there will be a Board of Education Study Session on April 29, 1997, at the Harper Board of Education Center, 425 East 18th Street, Costa Mesa, to discuss how the funds should be allocated. Council 32 Alcoholic Beverage A request from Jet Pizza for an original Type 41 Alcoholic Licenses Beverage Control License (on -sale beer and wine) at 2228 Newport Boulevard, Suite C. Public Utilities Commission A request from Q _Club & Cafe, for a person-to-person transfer of a Type 41 Alcoholic Beverage License (on -sale beer and wine) at 1525 Mesa Verde Drive East, Suites 123-125. A request from Garfs Sports Lounge, for a reduced fee transfer of a Type 47 Alcoholic Beverage License (on -sale general) at 3046 Bristol Street. Notice from Pacific Bell that it filed Application No. 97-03- 004 with the Public Utilities Commission to lower prices for local, toll calls, increase the discount customers can receive when using a calling plan, and decrease the prices charged to long-distance companies to connect to the Pacific Bell network. Advice Letter No. 18759 from Pacific Bell to the Public Utilities Commission reflecting changes in tariff schedules. i Member Somers encouraged citizens of Costa Mesa to attend the meeting on April 29, 1997, to express their concerns on this issue. Cirque du Soleil Don McGee, 212 Wellesley Lane, Costa Mesa, commented on Noise the loud noise that still exists in his neighborhood from Cirque du Soleil. He stated that he received a response from Governor Wilson's office which indicated that the Governor has no control over the fairgrounds and he should address his concerns to the Orange County Board of Supervisors and the City Council. Mayor Buffa asked Mr. McGee for a copy of the letter so that he could respond to it. CONSENT The following item was removed from the Consent Calendar: CALENDAR Item No. 8, Agreement with Zucker Systems, for Building Safety Division Organization and Operations Study, and Budget Adjustment No. 97-50. MOTION On motion by Council Member Cowan, seconded by Council Approved Except Member Somers, and carried 5-0, the remaining Consent Item 8 Calendar items were approved as recommended. WRITTEN COMMU- Resolution 97-24, A RESOLUTION OF THE CITY NICATIONS COUNCIL OF THE CITY OF COSTA MESA, Adopted Resolution CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR 97-24, Authorizing THE POLICE DEPARTMENT OF THE CITY OF COSTA Records Destruc- MESA, PURSUANT TO ORDINANCE NO. 75-60, was tion for Police adopted. READING FOLDER The following Reading Folder items were received and processed: Claims I Claims received by the Deputy City Clerk: Marilyn Donnelly; Sister Carol Gilbert, O.P.; and Abbey Leffler. Alcoholic Beverage A request from Jet Pizza for an original Type 41 Alcoholic Licenses Beverage Control License (on -sale beer and wine) at 2228 Newport Boulevard, Suite C. Public Utilities Commission A request from Q _Club & Cafe, for a person-to-person transfer of a Type 41 Alcoholic Beverage License (on -sale beer and wine) at 1525 Mesa Verde Drive East, Suites 123-125. A request from Garfs Sports Lounge, for a reduced fee transfer of a Type 47 Alcoholic Beverage License (on -sale general) at 3046 Bristol Street. Notice from Pacific Bell that it filed Application No. 97-03- 004 with the Public Utilities Commission to lower prices for local, toll calls, increase the discount customers can receive when using a calling plan, and decrease the prices charged to long-distance companies to connect to the Pacific Bell network. Advice Letter No. 18759 from Pacific Bell to the Public Utilities Commission reflecting changes in tariff schedules. 33 WARRANTS Warrant Resolution 1646, funding City operating expenses in Approved Warrant the amount of $1,076,915.77; and Payroll 9705 for 1646/ Payroll 9705 $1,356,709.19, were approved. Approved Warrant Warrant Resolution 1647, funding City operating expenses in 1647/Payroll 9706 the amount of $850,590.82; and Payroll 9706 for $1,387,285.32, were approved. REJECTED CLAIM The claim from Fred Stillions (rehabilitation loan program Stillions under Willdan Associates) was rejected. ADMINISTRATIVE, 1997 Agreements between the 32"d District Agricultural ACTIONS/ Traffic Association and the City of Costa Mesa for Traffic Management Management Services at the Orange County Agreements Fairgrounds: Approved Agree- State Contrac``No. SA -41-971E, in an amount not to ment SA -41-971E exceed $10,000.00, to provide traffic management for Traffic Manage- services for interim events at the Orange County ment for Interim Fairgrounds from March 15 through December 31, 1997, Events was approved; and the Police Chief was authorized .to sign on behalf of the City. Approved Agree- State Contract No. SA -42-97F, in an amount not to ment SA -42-97F exceed $112,000.00, to provide traffic management for Orange County services at the 1997 Orange County Fair from July 11 Fair Traffic Man- through July 27, 1997, was approved; and the Police agement Chief was authorized to sign on behalf of the City. Awarded Bid 1004, Bids received for Bid Item No. 1004, to supply and deliver 50 Motorola Radios, to Motorola hand-held radios, 10 Motorola mobile radios, and Metro Mobile other radio -related items, are on file in the City Clerk's office. Communications The contract was awarded to Metro Mobile Communications, 20971 East Currier Road, Walnut, for $52,873.00. Accepted Work by - Street improvements in connection with Zoning Action ZA-94- Vasilios Rigas.for 95, for propertylocated at 1476 Bristol Street, .were ZA-94-95 Street completed to the satisfaction of the Public Services Director Improvements by Vasilios Rigas, Developer, 1485 Imperial Highway, Brea. The work was accepted, - and the Performance Bond and Labor and Material Bond were ordered exonerated. Accepted Work by . Harbor Boulevard and Adams Avenue Intersection Widening Wakeham -Baker for Improvements, Project No. 96-11, were completed to the Harbor Boulevard satisfaction of the Public Services Director on March 4, 1997, and Adams Avenue by Wakeham -Baker, Inc., 3152 East La Palma Avenue, Suite Widening; Project I, Anaheim. The work was accepted; the Deputy City Clerk 96-11 was authorized to file a Notice of Completion; authorization was given to release `retention :funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Accepted Work by Fire Station and Tennis Clubhouse ADA Remodel, Project No. E.M.S Construction 96-13; was completed to the satisfaction of the Public for. Fire Station and Services Director. on February 24, 1997, by E.M.S. ;_Tennis Clubhouse Construction, Post Office Box 8315, Anaheim. The work was ADA Remodel; accepted; the Deputy City Clerk was authorized to file a Project 96-13 Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material 34 Approved Adden- Addendum No. 1 to Bid Item No. 950, Police Tow Services dum No. 1 to Agreements with . . Rushco Enterprises, Incorporated, doing Police Tow Service business as Harbor Towing, Incorporated, 964 West 17' Agreements with Street, Costa Mesa, and G & W Towing, Incorporated, 965 Harbor Towing and West 18t'' Street, Costa Mesa, for a five-year renewal G & W Towing, Bid commencing January 1, 1998.; was approved; and the Mayor Item 950 and Clerk were authorized to sign on behalf of the- City; and Notice of Renewal for Harbor Towing and G & W Towing, Incorporated, was approved, and the Police Chief was authorized to send a 60 -day notice of renewal. Adopted Resolution Resolution 97-25 was adopted: A RESOLUTION OF THE CITY 97-25, 1997 Public COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Parking Refunding APPROVING DISTRIBUTION OF A PRELIMINATW OFFICIAL Project STATEMENT RELATING TO CERTIFICATES OF PARTICIPATION (1997 PUBLIC PARKING REFUNDING PROJECT) AND PROVIDING OTHER MATTERS PROPERLY RELATING TO THE CERTIFICATES. Agreement with Item No. 8 on the Consent Calendar was presented: An Zucker Systems agreement with Zucker Systems, 1545 Hotel Circle South, for Building Safety San Diego, for $67,400.00, for Building Safety Division Division Operations Organization and Operations Study; and Budget Adjustment Study; Budget No. 97-50 for $37,400.00. Mayor Pro Tem Monahan asked Adjustment 97-50 iftolerance levels are currently in effect. The Deputy City Manager replied that in January, 1997, the Access Appeals Board approved the policy regarding Title 24, which now allows staff to proceed and implement those tolerances, and that all aspects of building construction and the implementation of State Codes will be included in ,the audit. Mayor Pro Tem Monahan requested that the Costa Mesa Chamber of Commerce and the South Coast Metro Alliance be included in the survey to obtain their input on services provided by the Building Division; and to include on the list of interviewees with the Consultant, the Police and Fire Departments, Planning Commission, Access Appeals Board, and the City Attorney. Mayor Pro Tem Monahan was interested in examining the possibility of contracting out Certain aspects of the Building Division when the audit is Completed. The City Manager explained that the consultant Will be reviewing Building Safety and the entire development . review process, and then will provide recommendations on level of staffing, etc. He reported that a range of alternatives will be discussed in terms of evaluating costs of staffing versus contracting out or entering into a joint program with i Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Accepted Work by Fair Drive Right .Turn Lane Widening Improvement at Harbor Wakeham -Baker for Boulevard, Project No. 96-16, was completed to the Fair Drive Right satisfaction of the Public Services Director on March 4, 1997, Turn Lane Widen- by Wakeham -Baker, Incorporated, 3152 East La Palma ing; Project 96-16 Avenue, Suite I, Anaheim. The work was accepted; the Deputy City Clerk was authorized to file a Notice. of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter: Approved Adden- Addendum No. 1 to Bid Item No. 950, Police Tow Services dum No. 1 to Agreements with . . Rushco Enterprises, Incorporated, doing Police Tow Service business as Harbor Towing, Incorporated, 964 West 17' Agreements with Street, Costa Mesa, and G & W Towing, Incorporated, 965 Harbor Towing and West 18t'' Street, Costa Mesa, for a five-year renewal G & W Towing, Bid commencing January 1, 1998.; was approved; and the Mayor Item 950 and Clerk were authorized to sign on behalf of the- City; and Notice of Renewal for Harbor Towing and G & W Towing, Incorporated, was approved, and the Police Chief was authorized to send a 60 -day notice of renewal. Adopted Resolution Resolution 97-25 was adopted: A RESOLUTION OF THE CITY 97-25, 1997 Public COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Parking Refunding APPROVING DISTRIBUTION OF A PRELIMINATW OFFICIAL Project STATEMENT RELATING TO CERTIFICATES OF PARTICIPATION (1997 PUBLIC PARKING REFUNDING PROJECT) AND PROVIDING OTHER MATTERS PROPERLY RELATING TO THE CERTIFICATES. Agreement with Item No. 8 on the Consent Calendar was presented: An Zucker Systems agreement with Zucker Systems, 1545 Hotel Circle South, for Building Safety San Diego, for $67,400.00, for Building Safety Division Division Operations Organization and Operations Study; and Budget Adjustment Study; Budget No. 97-50 for $37,400.00. Mayor Pro Tem Monahan asked Adjustment 97-50 iftolerance levels are currently in effect. The Deputy City Manager replied that in January, 1997, the Access Appeals Board approved the policy regarding Title 24, which now allows staff to proceed and implement those tolerances, and that all aspects of building construction and the implementation of State Codes will be included in ,the audit. Mayor Pro Tem Monahan requested that the Costa Mesa Chamber of Commerce and the South Coast Metro Alliance be included in the survey to obtain their input on services provided by the Building Division; and to include on the list of interviewees with the Consultant, the Police and Fire Departments, Planning Commission, Access Appeals Board, and the City Attorney. Mayor Pro Tem Monahan was interested in examining the possibility of contracting out Certain aspects of the Building Division when the audit is Completed. The City Manager explained that the consultant Will be reviewing Building Safety and the entire development . review process, and then will provide recommendations on level of staffing, etc. He reported that a range of alternatives will be discussed in terms of evaluating costs of staffing versus contracting out or entering into a joint program with i another City, in order to make the whole development review process more customer friendly. Mayor Pro Tem Monahan felt that the audit will be a big step in obtaining a one-stop permit process for customers. He also pointed out that he is not suggesting that the City contract out services but to examine the possibility of having certain aspects done. at a MOTION cheaper level in the private sector. On motion by Council Approved Agree- Member Somers, seconded by Council Member Erickson, and ment and Budget carried 5-0; the agreement and budget adjustment were Adjustment approved. PUBLIC HEARING The Deputy City Clerk announced the public hearing, Appeal from continued from the Meeting of March 17, 1997, to consider Helguero Regarding an application from Elizabeth Helguero, 1638 South Standard Denial of Entertain- Avenue, Santa Ana, appealing the City Manager's denial of ment Permit for an entertainment permit for Garibaldi De Noche, 810 West Garibaldi De Noche 19th Street. No communications were received. The Deputy City Manager reviewed the Agenda Report dated April 2, 1997. The Police Lieutenant reported that the numerous calls received from Garibaldi are very demanding on the Police Department and gave statistics on the number of police calls to which officers have responded since 1992. He mentioned the various criminal activities that occur at Garibaldi such as narcotics sales and possession, assault with a deadly weapon, drunk driving, and loitering. He believed that the management and it's security people have lost control over the bar operation. He also noted that police calls have decreased since the live entertainment has ceased. Ms. Helguero was not present. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Mayor Pro Tem Monahan, seconded Adopted Resolution by Council Member Somers, and carried 5-0, to uphold the 97-26, Denying City Manager's decision by adopting Resolution 97-26, A the Permit RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, UPHOLDING DENIAL OF THE RENEWAL OF THE PUBLIC ENTERTAINMENT PERMIT FOR ELIZABETH HELGUERO AT GARIBALDI DE NOCHE. RECOGNITION Mayor Buffa recognized Mike Healey, Mesa Consolidated Water District, who was in the audience. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Weed Abatement place set for the public hearing to consider a resolution instructing and authorizing the Fire Chief or his designee to. proceed With removal of weeds and rubbish. Notices were sent by the Fire Prevention Division to all affected property owners as required by law. No communications were received. The City Manager summarized the Agenda Report dated March 26, 1997. The Fire Prevention Analyst was present to answer questions from Council; however, there were no questions. There being no speakers, the Mayor closed the public hearing. 3s MOTION/Adopted On motion by Mayor Pro Tem Monahan, seconded by Council Resolution 97-27 Member Somers, and carried 5-0, Resolution :97-27, A RESOLUTION OF THE CITY COUNCIL OF THE' CITY OF COSTA MESA, CALIFORNIA, INSTRUCTING AND AUTHORIZING THE FIRE CHIEF OR HIS DESIGNEE TO PROCEED WITH REMOVAL OF WEEDS AND RUBBISH, was adopted. i PUBLIC HEARING The Deputy City Clerk announced that this. was the time and Pushcarts and place set for the public hearing to consider an: ordinance Sidewalk Vendors amending Costa Mesa Municipal Code Sections 9-125, 9-128, 9-191, 9-191.14, 9-191.15, 9-191.16, and repealing Sections 9-191.1. through 9-191.13, inclusive, and establishing a Citywide prohibition of pushcarts and other sidewalk vendors. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager summarized the Agenda Report dated March 19, 1997. .The City Attorney noted for the record that the title of the ordinance in Exhibit A, page 4, line 4, of the Agenda Report should read: "REPEALING SECTIONS 9-191.1 THROUGH 9-191.13, INCLUSIVE". Council Member Cowan commented that the Agenda Report does not provide any significant evidence that identifies a serious health and safety problem with the products being vended. She believed that using code enforcement and Prohibiting horns and bells could resolve the trash. and noise issues. The Senior Code Enforcement Officer stated that the Orange County Health Department is concerned about the 400 to 500 cases reported every year on food -born diseases, and the difficulty of determining their origin. The Senior Code Enforcement Officer responded to questions from Council Member Somers by stating that 65 citations were issued in the- months of July, August, and September, 1996, because the food pushcarts were not licensed through the City. She also spoke about her observations of sidewalk Vendors as it pertains to food preparation. I Dorothy Adams, 220 Amherst Road, Costa Mesa, supported prohibition of pushcart vendors in the City. i Dave Salcido, 954 West 17th Street, Costa Mesa, complained about the trash that is left in the neighborhoods by the pushcart vendors. Phil Morello, Post Office Box 10487, Costa Mesa, President of the Wallace Area Improvement Group, (WHIG), commended Senior Code Enforcement Officer Sandra Benson for all her work concerning this issue. He supported the modifications to the existing ordinance and mentioned that the noise impact in the neighborhoods is the major issue with the residents. There being no other speakers, the Mayor closed the public hearing.. i J MOTION/Ordinance A motion was made by Council Member Somers, seconded 97-9 Given First by Council Member Erickson, and carried 4-1, Council Reading Member Cowan voting no, to give first reading to Ordinance 97-9, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,. CALIFORNIA, AMENDING COSTA MESA MUNICIPAL CODE SECTIONS 9-125, 9-128, 9-191, 9- 191.14, 9-191.15, 9-191.16 AND REPEALING SECTIONS 9- 191.1 THROUGH 9-191.13, INCLUSIVE, AND ESTABLISHING A CITYWIDE PROHIBITION ON PUSHCARTS AND OTHER SIDEWALK VENDORS. Council Member Erickson supported the motion because he felt that the City must address the complaints from residents who are faced with trespassing, trash, and noises from horns and bells generated, by sidewalk vendors. Council Member 'Cowan opposed the motion because she believed that this business is market driven and if there were no market, there would be no pushcarts. She thought that there were other ways of addressing noise issues rather than prohibiting the pushcarts altogether. OLD BUSINESS The Deputy City Clerk presented from the meeting of March Standards for 17, 1997, second reading and adoption of Ordinance 97-7, Motels and Hotels amending Section 13-40 and adding Article 7 to Chapter XIII of Title 13 of the Costa Mesa Municipal Code to establish definitions for motels and hotels and to incorporate standards for motels. One communication was received from Ed Fawcett, Executive Director, Costa Mesa Chamber of Commerce, requesting a one -time -only fee waiver for motels wishing to apply for a conditional use permit for extended occupancies as outlined in Code Section 13-902. The Deputy City Manager stated that he had no further information to report. Mayor Pro Tem Monahan asked if the fee waiver request from the Chamber of Commerce would be acceptable under second reading of the ordinance. The City Attorney replied that fees are not addressed in this ordinance and recommended that fee waivers be reviewed on a case-by- case basis. Council Member Somers noted that Paragraph (e), Page 3, of the ordinance does not address vehicles parked off-site. MOTION A motion was made by Council Member Somers, seconded Ordinance 97-7 by Council Member. Erickson, to give second reading and Adopted adopt Ordinance 97-7, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ' OF," COSTA MESA, CALIFORNIA, AMENDING SECTION 13-40 AND ADDING ARTICLE 7 TO CHAPTER XIII OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE TO ESTABLISH DEFINITIONS FOR MOTELS AND HOTELS AND TO INCORPORATE STANDARDS FOR MOTELS, with the following change recommended by Council Member Somers: Page 3, Paragraph (e), line 4, to read: "make, model and year of any vehicles parked on-site or off- site." 37 O r MOTION/Staff After brief discussion, a motion was made by Council Directed to Define Member Cowan, seconded by Council Member Erickson, and Valid Identification carried 5-0, directing staff to define "valid identification" on Page 3, Paragraph (e), line 3 prior to the ordinance taking effect in 30 days. MOTION/Staff On motion by Council Member Cowan, seconded by Council Directed to Bring Member Erickson, and carried 5-0, staff was directed to bring Back Fee Waiver back to Council the appropriate Municipal Code Section on Code Section fee structures in order to review the Conditional Use Permit (CUP) fee waiver. i OLD BUSINESS The Deputy City Clerk presented from the meeting of March Solid Waste 17, 1997, second reading and adoption of Ordinance 97-8, Disposal an ordinance adding Section 8-86 to Article 1 of Chapter IV of Title 8 of the Costa Mesa Municipal Code for solid waste hauler permittees to comply with the solid waste agreement with the County of Orange. The Public Services Director gave a brief presentation regarding solid waste. i MOTION/Adopted A motion was made by Council Member Erickson, seconded Ordinance 97-8 by Council Member Cowan, and carried 5-0, to adopt Ordinance 97-8, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING SECTION 8,86 TO ARTICLE 1 OF CHAPTER IV OF TITLE 8. OF THE COSTA MESA MUNICIPAL CODE FOR SOLID WASTE HAULER PERMITTEES TO COMPLY WITH THE SOLID WASTE AGREEMENT WITH THE COUNTY OF ORANGE. OLD BUSINESS The Deputy City Clerk presented a resolution declaring the Landscaping intention to levy and collect assessments during fiscal year Assessment Dis- 1997-1998 within City of Costa Mesa Landscaping trict Nos. 1 and 2 Assessment District No. 1, Tracts 9901 and 12011, located south of Sunflower Avenue and east of Smalley Road; and a resolution declaring the intention to levy and collect assessments during fiscal year 1997-1998 within City of Costa Mesa Landscaping Assessment District No. 2, Tract 10513, located at the northwest corner of Bear Street and the Corona del Mar freeway. The Community Services Director reviewed the Agenda Report dated March 27, 1997. The City Attorney responded to a question from Mayor Buffa by stating that Proposition 218 does not apply to these -assessment districts because the Proposition recognizes an exemption for existing assessment districts where the assessment has not increased. MOTION/Adopted Ali motion was made by Council Member Erickson, seconded Resolution 97-28, by Council Member Somers, and carried 5-0, adopting Setting a Hearing Resolution 97-28, A RESOLUTION OF THE CITY COUNCIL OF June 2, 1997, for THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS Landscaping INTENTION.TO LEVY AND COLLECT ASSESSMENTS DURING Assessment Dis- FISCAL YEAR 1997-1998 WITHIN CITY OF COSTA MESA trict No. 1 LANDSCAPING ASSESSMENT DISTRICT NO. 1, setting a public hearing on June 2, 1997, at 6:30 p.m., in the Council Chambers of City Hall. MOTION/Adopted A motion was made by Council Member Erickson, seconded Resolution 97-29,. by Council Member Somers, and . carried 5-0, adopting Setting a Hearing Resolution 97-29, A RESOLUTION OF THE CITY COUNCIL OF June 2, 1997, for THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS Landscaping INTENTION.TO LEVY AND COLLECT ASSESSMENTS DURING Assessment Dis- FISCAL YEAR 1997-1998 WITHIN CITY OF COSTA MESA trict No. 2 LANDSCAPING ASSESSMENT DISTRICT NO. 2, setting a public hearing on June 2, 1997, at 6:30 p.m., in the Council Chambers of City Hall. OLD BUSINESS The Deputy City Clerk presented a resolution opposing the Opposing Con- consolidation of the Orange County Water District with other solidation of the water districts. The City Manager- summarized the Agenda Orange County Report dated March 31, 1997. He reported that the Orange Water District with County Water District is not referenced in Assembly Bill 556 other Water Dis- pertaining to the reorganization of special districts; however, tricts he did mention that'`it' could be added at a later date. MOTION/Adopted A motion was made by Council Member Somers, seconded Resolution 97-30 by Council Member Erickson, and carried 5-0, to adopt Resolution 97-30, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OPPOSING THE CONSOLIDATION �OF THE ORANGE COUNTY WATER DISTRICT WITH OTHER WATER DISTRICTS. OLD BUSINESS The Deputy City Clerk presented a request for Council Library Services direction regarding future responsibilities of the Library Committee Services Committee. Mayor Pro Tem Monahan summarized the Agenda Report dated March 31, 1997. Mayor Buffa indicated his interest in the City having a large, centrally located, main library, and suggested that the Library Services Committee provide a copy of their latest survey of other cities that have constructed a main library, and the costs of doing so, to determine if it would be feasible for this City to do the same. Council Member Cowan wanted information on those cities that have separated from the County Library System, including costs incurred to operate their own branches. Mayor Pro. Tem Monahan offered to provide the Library Services Committee with a copy of the Council's suggestions to review at its next meeting. He also announced that the City is accepting applications from those citizens interested in serving on the committee. OLD BUSINESS The Deputy City Clerk presented a . request to appoint a Releaf Costa Mesa representative from Releaf Costa Mesa as an ex -officio Representation on member of the Parks, Recreation Facilities and Parkways Parks Commission Commission. The Community Services Director reviewed the Agenda Report dated March 27, 1997. MOTION On motion by. Council Member Cowan, seconded by Council Appointed Posos Member Somers, and carried 5-0, Felix Posos was appointed and Willard as an ex -officio member for a four-year term expiring March 31, 2001; and Shirley Willard was appointed as an alternate. 39 .. NEW BUSINESS Fireworks Stand Request from Newport -Harbor High School Boosters MOTION/Approved Request for Permit AMENDED MOTION/Added Direction to Staff to Bring Back Amended Ordi- nance on April 21, 1997 NEW BUSINESS Banner Request from Triangle Square The Deputy City Clerk presented a request from ;Newport Harbor High School Soccer Booster Club for a Fireworks Stand Permit. The City Manager reviewed the Agenda Report dated March 28, 1997, and- provided Council with a list of 42 organizations that operated Fireworks Stands in the City in 1996. Carolyn Yurada, 1654 Texas Circle, Costa Mesa, in charge of fund raisers for the Newport Harbor High School Girls Soccer Team, reported that 32 of 60 girls are residents of Costa Mesa, and . the funds generated from selling fireworks will help support the organization. A ,motion was made by Mayor Pro Tem Monahan, seconded by Council Member Erickson, to approve the request. Council Member Somers opposed the motion because she believed that the Municipal Code Section on Fireworks Stands should be. addressed and restated, instead of, making exceptions on an individual basis. Council Member Erickson supported the motion because he thought it would be unfair to deny the request when the majority of the girls on the team reside in Costa _ Mesa. He also pointed out that Newport Harbor High School is within th'e Newport -Mesa _Unified School District which is located in Costa Mesa. Mayor Buffa asked Mayor Pro Tem if he would consider an amendment to his motion with the intent to place a limit on the number of fireworks permits to be issued this year, and to direct staff to prepare the- proper revisions to the ordinance for the meeting of April 21, 1997. The maker of the motion and the seconder concurred. Mayor Buffa confirmed that the subject request would not be affected by the amendment. Mayor Pro Tem Monahan amended his motion by adding the Mayor's recommendation, and it carried 4-1, Council Member Somers voting no. The Deputy City Clerk presented a request from Triangle Square to install 24 banners from April 6 through May 12, 1997, around the perimeters of the shopping center promoting the Imagination Celebration. The City Manager summarized the Agenda Report dated March 31, 1997. Diedre Bird, Manager of Marketing, Triangle Square, 1870 B- 002 Harbor Boulevard, Costa Mesa, had no objection to reducing the number of days for the banners to be from April 11 through May 12, 1997. i Council Member Cowan mentioned that the banners do not advertise the actual date of the event. Ms. Bird replied that she would confirm that the event will be on May 3, 1997, and then placed on the banners. Council Member Somers recommended that in the future, Triangle Square submit their requests to the City 30 days prior to the event. 1 1 The City Manager commented that noncommercial holiday banners are approved at staff level if they meet the criteria, but special event banners require Council approval even if the criteria are met. He suggested that the Council Policy that was approved in August, 1994, be reviewed to determine if the special event banners could also be approved at staff level. Mayor Buffa agreed that review of the policy would be appropriate to determine if Council supports the change. MOTION/Approved A motion was made by Mayor Pro Tem Monahan, seconded Banner Request by Council Member, and carried 5-0, to approve the request for April 11 through May 12, 1997. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORTS/Request Government Code Sections 54956.9(c) and 54957.6 to for Closed Session: discuss the followin,gi litigation against Sequel Contractors, �'_ Litigation Against Inc., Martinez Concrete, W. W. Irwin, Inc., Hasstech, Inc., Sequel et al.; and Leak Alert; and negotiations with Costa Mesa Firefighters Negotiations with Association. The Mayor announced that closed session Firefighters would be held at the close of regular business. COUNCIL Mayor Pro Tem Monahan commended the Development COMMENTS Services Department for their work on the Motel/Hotel Commended Dev- Ordinance; Pushcart and Street Vendor Ordinance; and the elopment Services Building Safety Division Organization and Operations Department Study. ADJOURNMENT At 8:35 p.m., the Mayor adjourned the meeting to a closed TO CLOSED session in first floor Conference Room A to discuss the items SESSION previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 9:45 p.m., and the RECONVENED action taken during closed session was announced. MOTION/Author- By a vote of 5-0, Council authorized the City Attorney to ized Litigation commence litigation against Sequel Contractors, Inc., Against Sequel, Martinez Concrete, W. W. Irwin,. Inc., Hasstech, Inc., and et al. Leak Alert, relating to the fuel leak at the ,Corporation Yard. MOTION/Gave By a vote of 5-0, Council gave. directions to the, City Directions on Manager and the Personnel Services Director concerning Negotiations with: negotiations with the Costa Mesa Firefighters Firefighters Association. ADJOURNMENT The Mayor declared the meeting adjourned at 9:50 p.m. Mayor of the City sta Mesa ATTEST: Deputy- City rk of the City of Costa Mesa 41