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HomeMy WebLinkAbout04/21/1997 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 21, 1997 The City Council of the City of Costa Mesa, California, met in regular session April 21, 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 Somers, and ' invocation by Dr. Gary Barmore, ..Fairview Community 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 Sorners 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 Van Holt Assistant Finance Director Marc Davis Redevelopment and Housing Manager Muriel Ullman Transportation Services Manager Peter Naghavi Assistant to the City Manager Ann Gyben Police Lieutenant Alan Kent Police Lieutenant Ron Smith Senior Code Enforcement Officer Sandra Benson Housing Consultant Mike Linares Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council April 7, 1997 Member Somers, and carried 5-0, the minutes of the regular meeting of April 7, '1997, were approved as distributed . ORDINANCES AND A motion was made by Council Member Erickson, seconded RESOLUTIONS by Mayor Pro Tem Monahan, and carried 5-0, to read all ordinances and 'resolutions by .title only. PRESENTATION Mayor Buffa read a proclamation that recognizes the month of Child Abuse Pre- April as "Child Abuse Prevention Month" and presented it to vention Month Kathy McCarrell, Executive Director, and Bill Barrington, Board of Directors President, Child Abuse Prevention Center, 2482 Newport Boulevard, Suite 7, Costa Mesa. Ms. McCarrell thanked the Mayor and gave Council Child Abuse Awareness pins. 51 ORAL COMMUNI- Roy Andreen, 2769 Cibola Avenue, Costa Mesa, resented the CATIONS/State- statement made by Council Member Somers at the last City ment Made by Council Study Session when she made a comment indicating Council Member that he was old and probably ready for a retirement home in Somers the near future. He reminded Council that the Mesa Del Mar Homeowners Association supported the City's purchasing the Costa Mesa farm site for a youth facility. Mayor Buffa requested that Mr. Andreen give a copy of his letter to the Deputy City Clerk. Bridge Alternative Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, presented Study Committee Council with a copy of the agenda from the March 11, 1997, Orange County Transportation Authority (OCTA), Santa Ana River Crossing (SARX) meeting, to which the Bridge Alternative Study Committee was not invited. He mentioned that the next OCTA, ,:..meeting is May 6, 1997, and suggested that the Bridge Alternative Study Committee meet prior to May 6, to discuss the definitions and alternatives outlined in the agenda regarding the deletion of the Banning Avenue/19t`' Street and Garfield Avenue/Gisler Street bridge crossings from the OCTA Master Plan of Arterial Highways (MPAH). Newport -Mesa Jeff Wilcox, 924 Junipero Drive, Costa Mesa, representing Schools Found- the Newport -Mesa Schools Foundation, presented Council ation Dinner with an invitation to attend a dinner on April 30, 1997, at the Wyndam Garden Hotel, Costa Mesa, to honor the recipients of the Newport -Mesa Unified School District "Grants to Teachers Program" which recognizes outstanding teachers in the district. Proposed Repair Peter Fyfe, 17521 Luther Avenue, Irvine, owner of property Plan for Shalimar at 753 Shalimar Drive, and block captain, summarized his Drive South Alley letter to Mayor Buffa dated April 18, 1997,• which describes a No. 1 plan for alley repairs, proposed by property owners on Shalimar Drive South Alley No. 1. He requested that Council approve the plan, use of City improvement plans at no cost, waiver of all permit fees required for the repairs, and allow the tenants of the properties to park on Shalimar Drive during construction. Mayor Buffa requested that Mr. Fyfe give a copy of his letter to the Deputy City Clerk. Police Harassment Tony Starnes, a homeless person, reported that in the past he has been harassed and falsely arrested by Costa Mesa Police Officers while begging in the area of Town Center Drive and Bristol Street. CONSENT The following item was removed from the Consent Calendar: CALENDAR Item No. 9, Resolution approving agreements for the 1997 Public Parking Refunding Peoject. MOTION/Approved On motion by Council Member Erickson, seconded by Council Except Item 9 Member Somers, and carried 5-0, the remaining Consent Calendar items were approved as recommended. WRITTEN COMMU- Resolution 97-31, A RESOLUTION OF THE CITY NICATIONS/ COUNCIL OF THE CITY OF COSTA MESA, Adopted Resolution CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION 97-31, Authorizing FOR THE FIRE DEPARTMENT OF THE CITY OF COSTA Records Destruct- MESA, PURSUANT TO - _ORDINANCE NO. 75-60, was ion for Fire adopted. 52; READING FOLDER The following Reading Folder items were received- and processed: Claims Claims received by the Deputy City Clerk: Gloria A. Carrasco; Frederick L. Hsiung; Lance Messner; and John Remy. Alcoholic Beverage A request from Pan -Asia Mongolian for a reduced fee License transfer of a Type 41 Alcoholic Beverage Control (ABC) license (on -sale beer and wine) at 369 East 17th Street, No. 12. Proposition L Resolution from City of Maywood supporting Proposition Resolution L, a special tax to support County of Los Angeles Public Library Services. WARRANTS Warrant Resolution 1648, funding City operating expenses in Approved Warrant the amount of $1,382,476.77; and Payroll 9707 for 1648/ Payroll 9707 $1,,414,764.38, were approved. ADMINISTRATIVE ACTIONS/ Awarded Bid 1003, Pest Control, to Lawnscape Spec- iaity Services Awarded Bid 1005, Police Patrol Vehicles, to Robert H. Loud Ford Bids received for , Bid Item No. 1003, Annual Pest Control Maintenance Services, are on file in the City Clerk's office. The contract was awarded to Lawnscape Speciality, Services,. 515 West Summerfield Circle, Anaheim, in an annual amount not to exceed $35,000.00. Bids received Thirteen 1997 Clerk's office. Ford, 1365 $282,489:00. for Bid Item No. 1005, Supply and Deliver Police Patrol Vehicles, are on file in the City The contract was awarded to Robert H. Loud East Colorado Boulevard, Pasadena, for Accepted Work by Street improvements in connection with Planning Action PA- Arnel Development 95-21, for Metro Pointe Retail Center, in the 900 block of for Metro Pointe South Coast Drive, were completed to the satisfaction of the Street Improve- Public Services Director by Arnel Development Company, 950 ments PA -95-21 South Coast Drive, Costa Mesa. The work was accepted, and the Performance Bond and Labor and Material Bond were ordered exonerated. Approved Refund Approval was given to refund a cash deposit of $10,000.00 to Irish Construct- to' Irish Construction, 2641 River Avenue, Rosemead, in ion for EP -13375 connection with Encroachment Permit No. 13375, for completion of street excavation on Bristol Street, north of Baker Street. Approved Refund Approval was given to refund a cash deposit of $10,000.00 to McGregor Yacht to' McGregor Yacht Corporation, 1631 Placentia Avenue, for DR -92719 Costa Mesa, for completion of street improvements at 1631 Placentia Avenue and Babcock Street, in connection with Development Review DR -92-19. I Agreements for Item No. 9 on the Consent Calendar was presented: 1997 Public Park- Resolution approving certain . documents relating . to ing Refunding Pro- Certificates of Participation (1997 Public Parking Refunding ject Project) and providing other matters properly relating to the Certificates (for the Orange County Performing Arts Center Public Parking Project). The City Manager stated that this item had been placed on the Consent Calendar incorrectly and does require a separate motion by Council. The Assistant Finance Director summarized the Agenda Report dated April MOTION/Adopted 14, 1997. A motion was made by Council Member Erickson, Resolution 97-32 seconded by Council Member Somers, and carried 5-0, to adopt Resolution 97-32, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING TRUST AGREEMENT, LEASE AGREEMENT, SUBLEASE AGREEMENT, FIRST ASSIGNMENT AGREEMENT, OFFICIAL STATEMENT AND NOTICE INVITING BIDS RELATING TO CERTIFICATES OF PARTICIPATION (1997 PUBLIC PARKING REFUNDING PROJECT) AND PROVIDING OTHER MATTERS PROPERLY RELATING TO THE CERTIFICATES (for the Orange County Performing Arts Center Public Parking Project). PUBLIC HEARING The Deputy City Clerk announced that this was the time and R-97-02, City of place set for the public hearing to consider Rezone Petition Costa Mesa R-97-02, City of Costa Mesa, to rezone 120 East Wilson Street from R2 -MD to PDR -MD. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager reviewed the Agenda Report dated April 7, 1997. He showed an overhead transparency which gave an overview of the site. There being no speakers, the Mayor closed the public hearing. MOTION/Gave A motion was made by Mayor Pro Tem Monahan, seconded Ordinance 97-10 by Council Member Erickson, and carried 5-0, to give first First Reading reading to Ordinance 97-10, AN . ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REZONING 120 EAST WILSON STREET FROM R2 -MD TO PDR -MD BY ADOPTION OF REZONE PETITION R-97-02. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Amending Title 13, place set for the public hearing to consider an ordinance etc. of the Costa amending the Costa Mesa Municipal Code as follows: Mesa Municipal - Comprehensively amending Title 13, Planning, Zoning, and Code Development; adding Chapter VI, `Underground Utility Districts to Title 15; amending Section 17-6 regarding temporary trailers; amending Section 11-165 regarding regulation of Leaf Blowers; and amending Section 15-7 regarding signs on public property. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager reviewed the Agenda Report dated April 8, 1997. Robert Graham, 3252 Dakota Street, Costa Mesa, asked if the ordinance will address the requirement for a 20 -foot by 20 -foot open space within a garage. The Deputy City Manager 'explained that the ordinance will allow staff the ability to review and approve minor deviations without having to go through the Planning Commission for a variance. There being no other speakers, the Mayor closed the public hearing. Council Member Cowan commended the Planning staff for an excellent job in revising the Zoning Code. 53 -54 MOTION/Gave A emotion was made by Council Member Cowan, seconded by Ordinance 97-11 Council Member Somers, and carried 5-0, to give first reading First Reading to Ordinance 97-11, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE CITY OF COSTA MESA MUNICIPAL CODE AS FOLLOWS: COMPREHENSIVELY AMENDING TITLE 13, PLANNING, ZONING AND DEVELOPMENT; ADDING CHAPTER VI, UNDERGROUND UTILITY DISTRICTS TO TITLE _ 15; AMENDING SECTION 17-6 REGARDING TEMPORARY TRAILERS; AMENDING SECTION 11-165 REGARDING REGULATION OF LEAF BLOWERS; AND AMENDING SECTION 15-7 REGARDING SIGNS ON PUBLIC PROPERTY. RECOGNITION Mayor Buffa recognized the following persons in attendance: Former Mayor Arlene Schafer; Mike Healey, Mesa Con- solidated Water District; and Jim DeBoom, Former President of the Newport -Mesa Unified School District Board of Directors. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Regulating place set for the public hearing to consider an ordinance Commercial repealing Section 10-192 of the Costa Mesa Municipal Code Vending Vehicles and adding . Chapter XXI to Title 10 to establish the requirement for permits and regulations of commercial vending vehicles on public streets. The Affidavit of Publication is on file in the City Clerk's office. No co;mmunicaLions were received. The Deputy City Manager reviewed the Agenda Report dated April 8, 1997. Council Member Cowan asked how staff had determined that co',mmercial vending vehicles constitutes a significant threat to the, health and safety of the public. The Deputy City Manager explained that the draft findings in the ordinance reflect that which staff heard from residents on a regular basis such as complaints about noise, and trash and debris from the vending vehicles. Cliff Zeppieri, 1962 Maple .Avenue, Costa Mesa, supported the ordinance regulating commercial vending vehicles. Phil Morello, Post Office Box 10487, Costa Mesa, a director of the Wallace Area Improvement Group (WAIG), stated that the noise from the vending vehicles is the major complaint he has received by residents, and felt that there is a significant risk for the safety of children. i Joe Acone, 3400 Irvine Avenue, Newport Beach, owner of property on Shalimar Drive, complained about the truck vendors parking in the driveways of homeowners and leaving trash behind. JoAnn Reinholt, 1823 Tanager Drive, Costa Mesa, a director of WHIG, believed that vending vehicles do create a significant hazard to the safety of children. Eva Brush, a member of WAIG, complained about the constant noise from the vending trucks. Dave Salcido, 954 West 17th Street, Costa Mesa, stated that the many vending vehicles on Wallace Avenue are a nuisance to the residents, and the ordinance should prohibit vending vehicles on Sundays. Tim Perlick, 501 West Maple, Orange, stated that the vending trucks do service a certain aspect of the community who typically have no transportation, and the vendors are an accepted part of their culture. There being no other speakers, the Mayor closed the public hearing. MOTION/Gave A motion was made by Mayor Pro Tem Monahan, seconded Ordinance 97-12 by Council Member Somers, and carried 5-0, to give first First Reading reading to Ordinance 97-12, AN ORDINANCE OF THE CITY COUNCIL OF THE"=CITY OF COSTA MESA, CALIFORNIA, REPEALING SECTION 10-192 OF THE COSTA MESA MUNICIPAL CODE, AND ADDING CHAPTER XXI TO TITLE 10 TO ESTABLISH THE REQUIREMENT FOR PERMITS AND REGULATIONS OF COMMERCIAL VENDING VEHICLES ON PUBLIC STREETS. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Allocations for place set for the public hearing to consider recommendations 1997-98 CDBG concerning (a) allocation for Fiscal Year 1997-98 Community Funds and HOME Development Block Grant Funds (CDBG) Application including Investment Part- entitlement funds, program income and reallocation of prior nership Funds years' funds, and Fiscal Year 1997-98 HOME Investment Partnership funding allocations; (b) a resolution authorizing the City Manager to act as the official representative of the City in order to submit the Action Plan and all certifications and assurances contained therein, and directing and authorizing the City Manager to act in connection with Submission of the Annual Plan and. to provide such additional information as may be required; (c) recommendations for allocation of 1997 CDBG Public Service Grants; and (d) reallocation of fiscal year 1994-95 HOME funds and commitment of 1995-96 HOME funds. The Affidavit of Publication is on file in the City Clerk's office. Three communications were received from three Board Members of Serving People in Need (S.P.I.N.), urging Council to allocate funds to their organization: Cindy Hughes, Post Office Box 10085, Costa Mesa; Karen Taylor, 1100 Devon Lane, Newport Beach; and Frank Listi, 640 South Sixth Avenue, City of Industry. The Redevelopment and Housing Manager reviewed the Agenda Report dated April 15, 1997, and responded to questions from Council. Applicants and supporters of organizations for whom the Redevelopment and Residential Rehabilitation (313) Subcommittee did not recommend funding asked Council to reconsider their requests for CDBG grants: To.m Gould, President, Board of Directors, Assessment & Treatment Services Center (ATSC), 1.981 Orchard Drive, Newport Beach; Karen McGlinn, Director, Share Our Selves, Inc., (Emergency Assistance), 1550 Superior Avenue, Costa Mesa; Mary Spadoni, 2474 Orange Avenue, Costa Mesa, (supporter), Adult Day Services of Orange County, 661 West Hamilton Avenue, No. 800, Costa Mesa; Bill Turpit, 1772 55 56 Kenwood Place, Costa Mesa, (supporter), Share Our Selves, Inc., (Emergency Assistance); Jim DeBoom, 1843 Bayport Way, Newport Beach, (supporter), Adult Day Services of Orange County; and Cheryl Tussey, (supporter), Volunteer Center of Greater Orange County, 1901 East 4t' Street, Santa Ana. The following applicants thanked the 313 Subcommittee and Council for the funds that have been recommended for their I rganization: Debby O'Connor, Executive Director, FISH - Harbor Area (Coalition Lead Agency), Post Office Box 15464, Newport Beach; Alice McCullough, representing Olive Crest Homes for Abused Children, 2130 East 4t' Street, Suite 200, Santa Ana; and Marilyn Connors, Social Services Coordinator, Costa Mesa Senior Corporation (Senior Health Care Clinic), 695 West 19t'' Street, Costa Mesa. Jan Luymes, 592 Park Drive, Costa Mesa, Redevelopment and Residential (313) Committee Member, explained the public I ervice grant recommendation process that the committee used as directed by Council. A question and answer period ensued between Council Member Somers and the Housing Consultant. There being no other speakers, the Mayor closed the public hearing. Mayor Pro .Tem Monahan thanked the 313 Subcommittee for giving priority to the coalitions as directed by Council. MOTION/Approved On motion by Council Member Erickson, seconded by Council Allocations Member Cowan, and carried 5-0, the recommended allocations of 1997-98 CDBG and HOME funds were approved for the existing programs and the new programs: Shalimar Park Improvements; Olive Crest Home Acquisition; and Downtown Community Center Construction as outlined on Page 4 of the Agenda Report. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Resolution 97-33 Member Cowan, and carried 5-0, Resolution - 97-33, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING FISCAL YEAR 1997-98 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP ACT ENTITLEMENT FUNDS APPLICATION SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, was adopted, authorizing the City Manager to act as the official representative of the City. Council Member Erickson mentioned that Council specifically requested that the number of grants be limited in order to reduce administrative overhead. Motion to Approve A motion was made by Council Member Erickson to approve Grant Recommen- the 1997 CDBG Public Service Grants recommendations. The dations motion died for lack of a second. MOTION/Approved On motion Council Member Cowan, seconded by Council Modified 1997 Member Somers, and carried 4-1, Mayor Buffa voting no, the CDBG Grant recommended 1997 CDBG public service grants were Recommendations approved, with one exception: $5,000.00 recommended for OCEAN (Employment Assistance Services) were reallocated to Share Our Selves (SOS) Emergency Assistance since OCEAN has ceased its operation. Mayor Buffa did not support the motion because he disagreed with some of the recommendations. MOTION/Hearing A motion was made by Council Member Erickson, seconded Set for May 19, by Council Member Cowan, and carried 5-0, setting a public 1997, to Reallo- hearing on May 19, 1997, at 6:30 p.m., in the . Council cate HOME Funds Chambers of City Hall, for reallocation of fiscal year 1994-95 HOME funds, and.commitment of 1995-96 HOME funds. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Council Review of place set for the public hearing to consider a request from Bounce Underage Mayor Pro Tem Monahan for Council review of the Parks, Nightclub Using Recreation Facilities and Parkways Commission action on Neighborhood March 26, 1997, regarding use of the Neighborhood Community Center Community Center (NCC) by Bounce Underage Nightclub. The Affidavit of Publication is on file in the City Clerk's office. One communication was received from Elliott C. Mercer, M.D, Newport Beach, supporting the continued use of NCC by Bounce Nightclub. Mayor Pro Tem Monahan .explained that he requested Council review of this item because he was concerned with the statements made by the Police Department at the March 26, 1997, Parks Commission meeting, and the issue of teenagers between the ages of 13 through 20 being out until 1:00 a.m. without parental supervision. The Community Services Director summarized the Agenda Report dated April 7, 1997, and responded to questions from Council. The Police Lieutenant related some of the problems with the event: fights, uninvited guests, after event loitering by juveniles, curfew violations, gang attraction to the event, limited adult supervision, out -of -County participation, and active promotional process of marketing the event in Los Angeles County. He believed that there are potential risks involved with the nightclub if it continues to hold its dances in Costa Mesa, and commented that the Irvine Police Department had problems with the dances when they were held in that City. A question and answer period ensued between Council Member Somers and the Police Lieutenant. The City Attorney responded to a question from . Council Member Somers by stating that staff researched the sign -in requirement for the nightclub; however, due to the free - speech act, it would be difficult to enforce. Chris Curto, Post Office Box 51613, Irvin:, co-owner of Bounce Underage Nightclub, explained that the club's goal is to provide a safe environment for teenagers to socialize and have fun. He reported that because of the well-trained staff and security crew, no major incidents have occurred in the M past three years. He commented on the 1:00 a.m. closing time; the use of metal detectors; and the free promotional items that are given out at the dances. In response to Council Member Somers questions, Mr. Curto stated that dances are no longer held in Irvine because the two facilities they used were sold, and noted that other suitable locations in Irvine were out of their price range. Kris Plourde, Post Office Box 51613, Irvine, co-owner of Bounce Underage Nightclub, reported that they have assisted the City of Irvine in providing a dance program for the teenagers. He added that the Neighborhood Community Center is a good location for the- events, and the rent is reasonable. Mayor Pro Tem Monahan asked how many staff members are used at each event. Mr. Curto replied that there are 6 uniformed security officers from Lincoln Security Services, approximately 15 staff members, and two police . officers P the parking lot. The Police Lieutenant offered tore are a report reflecting P p p 9 the number of recommended police officers and the cost to provide a sufficient amount of supervision at the club. Council Member Cowan felt that the Agenda Report does not indicate significant' evidence of a problem or potential problems with the club. She reported that the City of Irvine's Youth Action Teen dances are held on a regular basis, are relatively safe, and are considered a reputable function. She suggested that the club be allowed to proceed with the two additional dances as scheduled, with a report brought back to Council. Phil Morello, Post Office Box 10487, Costa Mesa, thought it was inappropriate to operate a business at the Neighborhood Community Center because that location is in a residential area and should be used for community events only. He was concerned that gang problems may occur on the west side of town. Karen McGlinn, 1785 Hummingbird Drive, Costa Mesa, commented on the importance of creating a safe environment for the youth in the City and recommended that the City investigate any' comments made by the Irvine Police Department. Chris Sarris, 2011. Baltra Place, Costa Mesa, Parks, Recreation Facilities, .and Parkways Commissioner, supported the suggestion of allowing the club to hold its two events and then have staff report to the Council. MOTION//Deny A motion was made by Mayor Pro Tem Monahan, seconded Any Future Permits by Council Member Somers, to deny any future permits for Bounce Underage .Night Club thereby overturning the decision of the Community Services Director. L :a. 59 Mayor Pro Tem Monahan was of the opinion that the club does not provide a safe environment for the youth of the City because of the problems indicated by the Irvine Police Department. He objected to a City facility being used to hold an event where there is a potential for gang violence in the surrounding neighborhoods. Council Member Somers supported Mayor Pro Tem Monahan's comments because she was concerned about the statements from the Irvine and Costa Mesa police departments regarding: use of metal detectors; teenagers loitering after hours creating problems .for businesses; youths from other cities using the City's Center as a Countywide attraction; attracting gangs; and the cost factor for the number of police officers that may be required to supervise the events. Mayor Buffa stated that he would not be supporting the motion. He asked for a detailed report on the history of the nightclub from the Irvine City Manager's office before making a decision. Council Member Cowan opposed the motion because she believed that the club demonstrated responsibility at their previous functions; and she contended that the Neighborhood Community Center is a perfect location to hold the. events, whether the youths are from Costa Mesa or not. SUBSTITUTE A substitute motion was made by Council Member Erickson, MOTION seconded by Council Member Somers, and carried 5-0, to Continued to May continue the public hearing to the meeting of May 19, 1997, 19, 1997 in order to obtain a detailed report from the City of Irvine regarding the club's history in that City. RECESS The Mayor declared a recess at 9:00 p.m., and reconvened the meeting at 9:10 p.m. Next Item Taken Mayor Buffa announced that New Business Item 1 would be Out of Order taken out of order because there were several children who wished to speak on the proposed park on Shalimar Drive. He then asked Council if they wished to go into Closed Session prior to discussing the purchase of the Shalimar property, and Council indicated that it would not be necessary. NEW BUSINESS The Deputy City Clerk presented a report for possible Purchase of Prop- acquisition of property at 782 Shalimar Drive for conversion erty at 782 Shal- to a community park. A communication was received from imar Drive Sam Wakeley, 2527 Loyola Road, Costa Mesa, protesting the City's purchase. The City Manager summarized the Agenda Report dated April 14, 1997. Caroline Butler, 208 Susannah Place, Costa Mesa, member of ReLeaf Costa Mesa, supported the purchase of the site for park purposes. She offered the assistance of ReLeaf Costa Mesa for tree planting. Maria Alvarez, 775 Shalimar Drive, Apt. No. 3, Costa Mesa, informed Council that many residents in the community support the proposed park, and asked if Council could meet with the residents within 30 days to discuss the project. M, Mayor Buffa suggested that she contact the City Manager's office to make an appointment. The following teenage boys spoke in support of the park I roposal and the addition of a basketball court: resident at 774 Shalimar Drive, Costa Mesa; Danny Gonzalez, Shalimar Drive resident; Juan Moreno, Shalimar Drive resident. Through an interpreter, Maria Rubalcava, 786 Shalimar Drive, Apt. No. 6, Costa Mesa, supported the park proposal. Council Member Somers asked for staff to bring back a proposal which considers the possibility of using a portion of the street for extended park space with the idea of installing a basketball or a "big wheels park" with hills and trails. The Community Services Director stated that the Agenda Report: only addresses the concept phase and staff would be willing to examine any suggestions given by Council on the design criteria. MOTION On motion by Council Member Cowan, seconded by Council Authorized Member Erickson, and carried 5-0, staff was directed to Acquisition of complete negotiations for the acquisition of the property at Shalimar Drive 782 Shalimar Drive; to begin the demolition process for the Property park; and to complete the public process for design of the facility. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Local Law Enforce- place set for the public hearing to consider a recommendation ment Block Grant from the Local Law Enforcement Block Grant Citizens Citizens Advisory Advisory Ad Hoc Committee to purchase a Mobile Sub - Ad Hoc Committee station/Emergency Command Post, and in -vehicle video Recommendation cameras and related equipment; and Budget Adjustment No. 97-51 for a total program appropriation of $108,323.00, to recognize grant revenue from the Local Law Enforcement Block Grant Program and the City's matching share from the 1996-97 Police Department budget. Thq Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Police Lieutenant summarized the Agenda Report dated April 10, 1997. Tony Petros, President of the Chamber of Commerce, 1835 Newport Boulevard, Suite E-270, Costa Mesa, and member of the committee, commended staff for compiling informative reports for the committee to review. Council Member Erickson asked how often the Mobile Command Unit will be used. Mr. Petros stated that it will be used on a regular basis as needed, and in emergency situations. John Feeney, 1154 Dorset Lane, Costa Mesa, mentioned that I he City of Newport Beach has a mobile command unit which sits in their parking lot most of the time. He suggested that the police use the unit to check gang activity in the Coolidge Avenue, Fillmore Way, and Rutgers Drive neighborhoods. There being no other speakers, the Mayor closed the public hearing. 1 i6i MOTION/Approved _ On motion by Council Member Erickson, seconded by Council Recommendation Member Somers, and carried 5-0, the committee's and Budget Ad- recommendation and Budget Adjustment No. 97-51 were justment approved. OLD BUSINESS The Deputy City Clerk presented from the meeting of. April 7, Pushcarts and 1997, second reading and adoption of Ordinance 97-9, to Sidewalk Vendors establish a Citywide prohibition of pushcarts and other sidewalk vendors. Communications were received from Dave Salcido, 954 West 17th Street, Costa Mesa, thanking Council for supporting a ban on pushcart vendors; and from H. Millard, 2973 Harbor Boulevard, Costa Mesa, objecting to remarks allegedly made by Assemblywoman Marilyn Brewer indicating that banning pushcarts is racist. The Deputy City Manager announced that Tom Ahrens, Orange County Health Department, was .present to answer Council's questions. Council Member Cowan asked Mr. Ahrens if he could provide information which indicates that pushcarts present a significant health threat to the community. Tom Ahrens, Program Manager for the Vehicle Inspection Program, Orange County Health Department, 2009 East Edinger Avenue, Santa Ana, reported that there are 1,500 licensed and permitted motorized and non -motorized vehicles that operate throughout Orange County. He noted that the Health Department has very few recorded food -born illness incidents associated directly with pushcarts; however, the Health Department's major concern is with the non -licensed pushcart vendors who prepare food in private residences with conditions that are not sanitary. The following persons spoke in support of the ordinance: Cliff Zeppieri, 1962 Maple Avenue, Costa Mesa; Eva Brush, 16350 Harbor Boulevard, No. 207, Fountain Valley, property Manager on Wallace Avenue; Cathy Waters, 1925 A Wallace Avenue, Costa Mesa; Joe Acone, 3400 Irvine Avenue, Newport Beach, owner of property on Shalimar Drive; Virginia Durkee, 1512 Dolphin Terrace, Corona del Mar, owner of property on Wallace Avenue; Phil Morello, Post Office Box 10487, Costa Mesa; Dave Salcido, 954 West 17th Street, Costa Mesa; and JoAnn Reinholt, 1823 Tanager Drive, Costa Mesa; The following persons were opposed to banning the pushcarts: Dave Sarin, representing Mel -o -Dee Ice Cream, 1502 West 5th Street, Santa Ana, who also submitted a petition containing 193 signatures of Costa Mesa residents, opposing the ban; Gary Lewis, 310 East 20th Street, Costa Mesa; Tim Perlick, 501 West`Maple, Orange; Juan Fernandez, pushcart vendor who resides in'the City of Orange; and Luis Penilla, pushcart vendor, 236 North Lemon, Orange. MOTION/Adopted A motion was made by Mayor Pro Tem Monahan, seconded Ordinance 97-9 by Council Member Somers, and carried 4-1, Council Member Cowan voting no, to adopt 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 i PROHIBITION OF PUSHCARTS AND' OTHER SIDEWALK VENDORS. i Council Member Cowan opposed the motion because there was no documented evidence presented that food sold from pushcarts is a greater threat to the health,'safety, and wel- fare of the community than the food sold from commercial vending trucks. She commented that the ordinance would not deter unlicensed pushcart vendors. Council Member Somers supported the motion because she was convinced that the products being distributed by pushcart vendors could present a serious health threat to the public. She stated that the vendors show disrespect for the community when they trespass on private property. OLD BUSINESS The Deputy City Clerk presented from the meeting of April 7, Waiver of Fees for 11,997, a resolution establishing waiver of fees for conditional Conditional Use use permits required of hotels and motels; and City Permits for Hotels Attorney's Report No. 97-20. The City Attorney summarized and Motels his report dated April 9, 1997. During discussion, the City Attorney reported, that waiver of the fee will be for a period of one year comrr';�ncing on the effective date of Ordinance 97-7 (May 7, 1997). MOTION A motion was made by Mayor Pro Tem Monahan, seconded Adopted Resolution by Council Member Erickson, and carried 5-0, to adopt 97-34 Resolution 97-34, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A WAIVER OF PROCESSING FEES FOR CONDITIONAL USE PERMITS REQUIRED OF HOTELS AND MOTELS PURSUANT TO ORDINANCE 97-7. OLD BUSINESS The Deputy City Clerk presented from the meeting of April 7, Permits for Sale 11997, an ordinance limiting permits for the sale of fireworks. of Fireworks Mayor Buffa stated that the City Attorney has requested that this item be continued because the legal research has not been completed. MOTION On motion by Council Member Somers, seconded by Council Continued to May Member Erickson, and carried 5-0, this item was continued to 5, 1997 the meeting of May 5, 1997. OLD BUSINESS The Deputy City Clerk presented the Citywide unimproved Citywide Unim- Alley Study - Report Summary and Recommendations. The proved Alley Study Public Services Director reviewed the Agenda Report dated April 16, 1997. Council Member Somers stated that residents whose properties back up to Alley Nos. 107 and 108 do not want their alleys improved because they do not want it to become al major thoroughfare for those leaving St. Joachim Church. She believed that only 4 of the 16 alleys should be considered as priority, and asked staff to provide specific I on how the cost was calculated for Alley No. 106. She thought that this item should be continued so that staff could prioritize the alleys excluding those where there is 1 63 no desire for improvements or for transfer of title; and to obtain bids that itemize the City's costs. Mayor Pro Tem Monahan felt comfortable with the information in the report and saw no need for a continuance. He suggested that Alley No. 106 be retained as Priority No. 1, with Alley No. 15 as the, second major alley to be paved, followed by Alley Nos. 107, 108, 4, and 127, which can be started immediately. He also. clarified that Alley Nos. 107 and 108 are being recommended for minor grading, entrance reconstruction, and maintenance. Cliff Zeppieri, 1962 .Maple Avenue, Costa Mesa, said that Alley No. 15, which is behind his house, fills up with water after a rainfall and can be very dangerous. MOTION/Received On motion by Maytor Pro Tem Monahan, seconded by Council and Filed Report; Member. Erickson, and carried 5-0, the report was received and Gave and filed; and staff was directed to begin alley improvements Directions to Staff with Alley No. 106 given first priority as noted in the Agenda on Recommen- Report, to redirect the priorities by starting the questionnaire dations process for Alley Nos. 54, 17, 87, 66, 110, 111, and 61, and to proceed with Alley Nos. 107, 108, 4, 127, and 15. After discussion, the Public Services Director suggested that Council review the cost of asphalt and concrete and make a decision after the bid process has been completed. OLD BUSINESS The Deputy City Clerk presented an amendment to Amendment to the Agreement No. D96-015 with the Orange County Flood Agreement No. Control District for the Gisler Avenue Bicycle Connector; D96-015 with the Budget Adjustment No. 97-52 for $112,193.00, the City's Orange County share of construction costs; and a resolution declaring Flood Control portions of Gisler Avenue to be a County highway during District for Gisler project implementation. The Public Services Director Avenue Bicycle reviewed the Agenda Report dated.April 11, 1997. Connector Robert Graham, 3252 Dakota Street, Costa Mesa, stated that the access across the channel will open up a large landscaped area near the river which will be a beautiful park site and an asset for Costa Mesa. MOTION/Approved A motion was made by Council Member Erickson, seconded Amendment and by Council Member Cowan, and carried 5-0, approving the Budget Adjust- amendment to the agreement, authorizing the Mayor and ment; and Adopted Deputy City Clerk to sign on behalf of the City; approving Resolution 97-35 Budget Adjustment No. 97-52; and adopting Resolution 97- 35, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING THE PORTIONS OF GISLER AVENUE WITHIN THE GISLER AVENUE BICYCLE BRIDGE PROJECT AREA TO BE A COUNTY HIGHWAY DURING THE PERIOD OF PROJECT IMPLEMENTATION BY THE ORANGE COUNTY FLOOD CONTROL DISTRICT. NEW BUSINESS The Deputy City Clerk presented a request from Costa Mesa - Banner Request for Newport Lions Club to install 30 banners from April 30 to Fish Fry and June 2, 1997, at various locations promoting the 52"d Annual Carnival Fish Fry and Carnival. The Assistant to the City Manager summarized the Agenda Report dated April 2, 1997. M MOTION/Approved A motion was made by Mayor Pro Tem Monahan, seconded Banner Request by Council Member Somers, and carried 5-0, to approve the banner request. NEW BUSINESS The Deputy City Clerk presented the Major Investment Study Major Investment of Transportation Alternatives in the Central Orange County Study of Trans- Corridor: Consider a recommendation to the Orange County portation Alter- Transportation Authority (OCTA) Board of Directors to adopt natives in the a Locally Preferred Strategy within the City of Costa Mesa for Central Orange the Corridor Major Investment Study (MIS) consisting of a County Corridor combination of Alternatives 2 and 6 as described in the staff report and outlined below; Alternative 2 - Transportation System Management (TSM): implementation of TSM strategies with the condition that bus and car pool lane priority designation, and traffic signal preemption for buses is not permitted within the City; Alternative 6 - Urban Rail System: within the City limits of Costa Mesa, an elevated rail system on an appropriate alignment through the South Coast Metro area and connecting to selected alignments from a Combination of alternatives 5 and 6, in the adjacent cities of Santa Ana and Irvine; and if an urban rail alternative is approved by OCTA for construction, direct staff to place it on the Agenda for Council review, adjustments to development requirements for properties affected by the location of an urban rail station, oriented design techniques to encourage public usage of the urban rail system which will result in Vehicular trip reductions. The Public Services Director reviewed the Agenda Report dated April 14, 1997. II Mayor Buffa _ gave a brief explanation about the Major Investment Study (MIS) which is a required federal process. ,The Transportation Services Manager reported that the City has been interested in joining an urban rail system since 1990, and that the adjoining cities will support a rail system throughout the 28 -mile corridor. Paul Freeman, representing C.J. Segerstrom & Sons, 3315 Fairview Road, Costa Mesa, supported the recommendations made by staff; however, he had concerns regarding the precise alignment and the Guideway station locations. George Sakioka, Sakioka Farms, 14850 Sunflower Avenue, Santa Ana, stated that City staff has done an excellent job on keeping him involved in the process, and supported the: recommendations as outlined in the Agenda Report. He had some concerns about station locations and land use issues. MOTION/Approved A motion was made by Council Member Erickson, seconded Staff Recommen- by Council Member Cowan, and carried 5-0, to approve the dations recommendations made by staff in the Agenda Report dated April 14, 1997. I NEW BUSINESS The Deputy City Clerk presented a request from Wicker World Wicker World Re- & Rattan, 1125 Victoria Street, Suite R, for a 30 -day quest to Extend extension of a quitting business permit from May 4 through Quitting Business June 4, 1997, to sell the remaining merchandise. The City Permit Manager summarized the Agenda Report dated April 14, 1997. MOTION/Approved A motion was made by Council Member Erickson, seconded Extension by Council Member Somers, and carried 5-0, to approve the extension. NEW BUSINESS The Deputy City Clerk presented the Comprehensive Comprehensive Code Enforcement Strategy. The Deputy City Manager Code Enforcement summarized the Agenda Report dated April 15, Strategy 1997. MOTION/To A motion was made by Mayor Pro Tem Monahan, seconded Approve by Council Member Cowan, to form a Council -directed staff Committee committee to address code enforcement issues; to -focus on Formation Council priorities with their suggestions brought back to Council; that the committee include the City Manager and/or the City Attorney, with direct supervisory authority by both over the committee; and that the committee be compromised of representatives,from the offices of the City Manager, City Attorney, Fire Marshall, Building Official, Development Services Department, Police Chief, and the Senior Code Enforcement Officer. AMENDED At the request of Council Member Somers, Mayor Pro Tem MOTION/Added Monahan amended his motion to include establishment of Cross -Training cross -training standards for all code enforcement personnel. Standards Council Member Cowan withdrew her second, and there- after, Council Member Somers seconded the amended motion. Council Member Erickson thought that Council would be formalizing the issues discussed at the April 14, 1997, Study Session, and direct staff on the four items suggested on Page 2 of the Agenda Report. Amended Motion Mayor Pro Tem Monahan withdrew the amended motion, Withdrawn; reverting to his original motion because he preferred to Original Motion address the cross -training separately. The original motion Died died for lack of a second. MOTION Council Member Somers made a motion to direct the City Directed City Attorney to prepare an ordinance for code compliance Attorney to Pre- inspections of residential properties when sold, with the pare Ordinance program being mandatory for multi -family residential for Code Com- properties having four or more units, and voluntary for pliance Inspections residential properties having three or fewer units. The motion was seconded by Council Member Erickson, and carried 3-2, Council Members Buffa and Cowan voting no. Motion to Estab- A motion was made by Council Member Somers to establish lish Code Enforce- Housing Code Enforcement as the top priority for the City ment Priorities code enforcement efforts; with the second priority being all Died other code enforcement areas except for illegal signs and garage sales, which shall be delegated to the Police Department sworn volunteers. The motion died for lack of a second. MOTION/Made A motion was made by Council Member Erickson, seconded Housing Code by Mayor Pro Tem Monahan, and carried 5-0, to make Enforcement Top Housing Code Enforcement the top priority of the code Priority enforcement activities. GIV ME MOTION/Directed A motion was made by Council Member Somers, seconded City Attorney to by Council Member Erickson, and carried 5-0, directing the Prepare an Ordi- City Attorney to prepare an ordinance establishing a civil ance for Civil citation and code enforcement administrative hearing process Citation Hearing before a hearing officer, and directing that a citation training Process program be provided for all personnel authorized to do code enforcement duties. Responding to the Mayor's request for clarification of the hearing process, Council Member Somers stated that hearings would be conducted by an on-site administrative hearing officer, such as the hearing officer who deals with. parking tickets. She also confirmed that the officer will have final action unless the matter is appealed. Motion to Prepare A motion was made by Council Member Somers directing the Council Policy for City Manager to prepare a City Council Policy to establish a Cross -Training cross -training standard for all authorized code enforcement Standard Died personnel. The motion died for lack of a second. Mayor Pro Tem Monahan asked if a fee would be involved with code compliance inspections. The City Attorney responded that there will be a fee set by resolution. Motion to Conduct A motion was made by Council Member Somers directing the a Study of the Personnel Department to conduct a classification study of the Building Official's Building Official's position to determine whether the Qualifications Died qualifications should include being a licensed civil engineer. The motion died for lack of a second. MOTION/Compile A motion was made by Council Member Erickson, seconded a Report for by Council Member Cowan, and carried 5-0, to devise reports Council on Code similar to the public safety statistic report prepared in the City Enforcement Manager's. office which contains a compilation of fires and crimes by areas in the City. Responding to Mayor Buffa's inquiry, the Senior Code Enforcement Officer stated that this type of report could be managed. Council Member Somers felt that in addition to the report, there -really needs to be an oversight committee as recommended by Mayor Pro Tem Monahan. The City Manager believed that with the direction Council has given this evening, and based on discussion at the last Study Session, the Council can direct staff on how to carry out their wishes, including formation of an oversight team. NEW BUSINESS The Deputy City Clerk presented a request from Mayor Buffa Time Limit for Oral for Council direction for Oral Communications. Mayor Buffa Communications reviewed the Agenda Report dated April 17, 1997, and stated that at one time there was a policy to limit the total time for Oral Communications to 30 minutes and suggested returning to that procedure. i MOTION/Approved A motion was made by Mayor Buffa, seconded by Mayor Pro Time Limit for Oral Tem Monahan, to amend the wording on Page 2 of the Communications Agenda under Oral Communications as follows: after the end of the sentence on the fourth line, add the sentence, "The total time allotted -for Oral Communications shall be 30 minutes."; and change the last sentence to read, "Both the three minutes per speaker and the 30 -minute total time allotted may be extended for good cause by the Mayor, or by majority vote of the Council Members." Council Member Erickson supported the motion but wanted to know how the, Mayor would handle many speakers addressing' several topics. Mayor Buffa mentioned three possibilities: Mayor's prerogative; Mayor's request to trail the item with Council approving or overruling the request; Council or its own initiative, moves.to hear speakers at that point. Mayor Buffa explained that those individuals who have items on the Agenda should have a higher priority than those who wish to speak on items not listed on the Agenda. Council -Member Somers stated that she would not support the motion because,.C.ouncil meetings are the only open forum that provides th'e`'K public an opportunity to address their issues, and disagreed with limiting the total for Oral Communications. The motion carried 4-1, Council Member Somers voting no. 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: Threat of litigation by Carmen Brock; Carmen Brock; and and negotiation for .the sale of Parcel E, located at 1898 Parcel E Negoti- Newport Boulevard. Mayor Buffa announced that closed ations session would be held at the conclusion of regular business. COUNCIL Council Member Somers stated that she would like to see an COMMENTS amendment to the ordinance on the agricultural permitting - Flower Stands process to address flower sales at non -storefront properties. Youth Services Council Member Cowan encouraged those citizens interested- Committee; Fair- in serving on the Youth Services Committee to submit their = grounds Meeting; applications before the April 30, 1997; deadline. She and Eagle Scout requested staff to initiate a Fairgrounds Liaison meeting to Awards discuss holding a future public hearing for large events, that are outside of their normal process. She congratulated Damien and Luke Alvarado who recently received their Eagle Scout awards. Neighbors for Council Member Erickson announced that the Neighbors for Neighbors Event; Neighbors project held on April 19, 1997, was a great and Council Mem- success. He congratulated .Council Member Cowan on her ber Cowan's award from the Orange County Human Relations Council for Award her work in Orange County. Neighbors for Mayor Buffa congratulated everyone who was involved with Neighbors the Neighbors for Neighbors 'cleanup which turned out to be very productive. ADJOURNMENT At 11:55 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 12:20 a.m., and the RECONVENED action taken during closed session was announced. G7 MOTION/Br.ock By a vote of 5-0, Council rejected the settlement offer from Settlement Carmen Brock, regarding the threat of litigation by Carmen RejectedBrock as recommended in the City Attorney's Confidential I, emorandum dated April 15, 1997. i MOTION/Directed By a vote of 5=0, Council gave instructions to the City Staff on"Parcel E Manager and Attorney Herb Weeser concerning negotiations Negotiations and terms of the sale of Parcel E, located at 1898 Newport Boulevard. ADJOURNMENT The Mayor declared the meeting adjourned at '12:25 a.m. Mayor of the City of C0 esa V ATTEST: T• uty City Clerk of the City of Costa Mesa F� - I