Loading...
HomeMy WebLinkAbout03/04/2002 - City Council233 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH 4, 2002 The City Council of the City of Costa Mesa, California, met in regular session March 4, 2002, at 6:40 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag led by Mayor Pro Tem Monahan, and invocation by the Reverend Sharon Aguilera, Newport -Mesa Christian Center. ROLL CALL Council Members Present: Mayor Linda Dixon Mayor Pro Tem Gary Monahan Council Member Libby Cowan Council Member Karen Robinson Council Member Chris Steel Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Jerry Scheer Development Services Director Donald Lamm Public Services Director William Morris Administrative Services Director Steve Hayman Assistant City Attorney Tom Wood Police Captain Tom Warnack Police Lieutenant Tom Curtis Senior Planner Kim Brandt Associate Planner Claire Nguyen Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Cowan, seconded by Council February 19, 2002 Member Robinson, and carried 5-0, the minutes of the regular meeting of February 19, 2002, were approved as distributed. ORDINANCES AND A motion was made by Council Member Cowan, seconded by RESOLUTIONS Council Member Robinson, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATIONS The Administrative Services Director introduced the employee Employee Service recognition program for City employees with 25, 30, 35, and 40 Recognition years of service. He congratulated employees who were not in attendance: Fire Administrative Captain Mike Treanor (35 years); Fire Captain Chuck Bassett (30 years); 25 -year Fire Department honorees Battalion Chief Keith Fujimoto and Fire Fighter Larry Stice; Public Services Department employees Maintenance Worker Dale Ashley and Senior Maintenance Worker Mike Moran, both with 25. years of service; and Police Department Crime Scene Investigation Supervisor Bruce Radomski (30 years). Police Chief Dave Snowden recognized the following Police Department personnel: Administrative Secretary Cathy Holland, 40 years of service; Sergeant Dave Walker, 30 years; and Helicopter Pilot John Susman and Lieutenant Karl Schuler, 25 years. Finance Director Marc Puckett congratulated Storekeeper Rick Rolsheim on his 25 years of service. Mayor Dixon congratulated Council Member Cowan on the anniversary of her six years of service. 2.174 PRESENTATION Mayor Dixon read a proclamation declaring March 9, 2002, as Arbor Day Proclama- Arbor Day in the City of Costa Mesa, encouraged citizens to attend tion the tree planting at Fairview Park on that date at 9:00 a.m., and announced that the City will plant trees in front of residences if requested. She presented the document to Kris Hagen, a member of ReLeaf Costa Mesa. PRESENTATION Mayor Dixon read a proclamation recognizing the American Cancer Colon Cancer Aware- Society's aggressive,, multi -pronged initiative to reduce the ness Proclamation incidence and mortality from colon cancer, announced that the City is joining with the Society as an "Ally", and proclaimed March, 2002, as "Colon Cancer Awareness Month". She encouraged City employees to become educated about prevention and screening for this disease, and presented the document to Carol- Eddy, a member of the Society. PRESENTATION Mayor Dixon read a proclamation acknowledging that Mule Deer Mule Deer Awareness are the only big game species!in North America whose numbers Day Proclamation continue to decline, encouraged reversing the trend and heightening public awareness, and declared March 16, 2002, Mule Deer Awareness Day. PUBLIC COMMENTS Janice Davidson, 1982 Arnold ;Avenue, Costa Mesa, reported a Meyer Place and 19th traffic signal irregularity on the corner of Meyer Place and 19th Street Traffic Signal Street wherein the "walk" indicator timing for pedestrians crossing on 19th Street is not long enough. She reported that this situation causes difficulties for residents of the adjacent Bethel Towers who are elderly and often infirm. Campbell Davidson, 1982 Arnold Avenue, Costa Mesa, concurred with the above opinion regarding the signals, adding that in some circumstances the traffic on Meyer Place is unable to exit onto 19th Street. He complained about the signal timing turning left from Newport Boulevard onto East 17th Street. Red Light Camera Craig Stevens, 1845 Anaheim Avenue, Apt. 6D, Costa Mesa, Enforcement Program asked Council to "rethink" their decision to use the Red Light Camera Enforcement Program, citing, the City of San Diego's decision to remove , the cameras due to safety issues. He suggested initiating al full, two-second delay in the timing change from red to green/green to red. David Goss, 2021 Kornat Drive, Costa Mesa, commented on the major Costa Mesa intersections, Harbor Boulevard and Adams Avenue, and Harbor Boulevard and Baker Street, where red lights are constantly ignored. He urged the Police Department to enforce the laws with the use of the Red Light Camera Enforcement Program, if necessary. Mayor- Dixon commented that the funds over and above those required to operate the camera system, would be directed to safe driving programs at Costa Mesa and Estancia High Schools. Costa Mesa Schools; Lou Lelea, 2395 Westminster 'Avenue, Costa -Mesa, addressed JWA Expansion Costa Mesa schools,, negatively comparing them to the schools in Newport Beach and Irvine. Mayor Dixon informed Mr. Lelea that Costa Mesa schools ' are under the supervision of the Newport - Mesa Unified School District, and noted that their meetings are held on Tuesdays at the School�District office. Mr. Lelea continued by stating that Costa Mesa schools are not presentable and should be renovated. He commented that should John Wayne Airport (JWA) be expanded, most of the businesses between the 55 Freeway and the airport will be ,eliminated. Council Member Steel replied that two years ago, the electorate passed a bond issue which should address the dilapidatedschools, and the City is opposing construction of the "Great Park" (Measure W). Mesa Verde Commun- Doug Sutton, 2739 Canary Drive, Costa Mesa, objected to a recent ity, Inc.; School newsletter published by Mesa Verde Community, Inc., which Improvements "engenders politics at its worst". He stated that the newsletter is distributed to 3,000 Mesa Verde residents and is deliberately and directly in opposition to City programs. Mr. Sutton asked Council to spearhead an 8 -year program to improve Costa Mesa schools, elevating them to among the best in the state. Calvary Church, Terry Moore, 2223 Golden Circle, Newport Beach, a member of PA -01-44 the Calvary Church Board of Directors, indicated that the church embraces diversity, stating this as one reason for their proposed relocation to 2115 Newport Boulevard (Planning Application PA - 01 -44, denied by the Planning Commission on February 25, 2002). He reported that the proposed project will enhance the "look" and the stability of the community. Maria Nickless, 2833 Monterey Avenue, Costa Mesa, supported the Calvary Church proposed building plan. Tim Celek, 498 Broadway, Costa Mesa, pastor of the Calvary Church, reported on their brief history, and stated that they have outgrown their current location. He reported on the status of the project, and noted their surprise when their request for approval of an 8,000 square -foot temporary structure was denied. Mayor Pro Tem Monahan reported that he has appealed the Planning Commission's decision for the Calvary Church, and the public hearing will be held at the Council meeting of April 1, 2002. Measure W Margaret Morgan, 206 East 15th Street, Costa Mesa, and a member of "Leadership Tomorrow", encouraged residents to vote "no" on Measure W. After -School Program; Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, Orange County Human questioned the City's approval of $500,000.00 to be directed to the Relations Committee Newport -Mesa Unified School District for after-school programs. Mayor Dixon responded by stating that Council did not approve funds to be directed to the school district but to be set aside for this program for the community. Mr. Millard claimed that the "magnets" in Costa Mesa produce the highest crime rate in Orange County, that Costa Mesa has more apartments than any city of the same size in the county, and has gangs and dayworker problems, etc. He discussed the City's recent contribution to the Orange County Human Relations Commission, and commented that that the City's Human Relations Committee is adequate for the City's needs. "Faith -based" Charities Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, opposed City monies being directed to "faith -based" charities because of potential damage to the charity. Mayor Dixon informed Mr. Scribner that $500,000.00 has been set aside for future use and has not been directed to the above mentioned charities. Monticello Condo- Bobi Rush, 2335 Ticonderoga Avenue, Costa Mesa, addressed the minium Complex explosion at the Monticello Condominium complex on Thursday, Tragedies February 28, 2002, as well as the fire on Saturday, March 2, 2002. She thought that the Mayor should have been at the disaster sites. Mayor Dixon apologized for not visiting the site and assured Ms. Rush that she would be more available in the future. The City Manager commented that the City can organize a meeting with the residents and tenants within the condominium complex. Council Member Robinson informed Ms. Rush that only two Council Members will be permitted to attend the resident's meeting, which is not an indication of a lack of interest. Patricia Place, 2413 Minuteman Way, Costa Mesa, thanked the Fire and Police Departments; and the Red Cross for their assistance with the recent tragedies. Fairview Park Bicycle Robert Graham, 3260 Dakota ,Avenue, Costa Mesa, showed a Entrance; Baker photograph, and commented on the indecision regarding the Street Bicycle Lanes Canary Drive entrance to Fairview Park, as well as removal of the bicycle access at this'point from: the Master Plan of Bikeways. He noted a prior decision regarding installing bicycle lanes on Baker Street, connecting Harbor Boulevard and Fairview Road, which was opposed by neighborhood residents. Mr. Graham proposed addressing the addition of bicycle lanes on Baker Street. CONSENT On motion by Mayor Pro Tem Monahan, seconded by Council CALENDAR Member Cowan, and carried 5-0, all Consent Calendar items were MOTION/Approved approved as recommended. WRITTEN COMMUNI- Resolution 02-16 was adopted: A RESOLUTION OF THE CITY CATIONS/Adopted COUNCIL OF THE; CITY OF COSTA MESA, CALIFORNIA, Resolution 02-16, AUTHORIZING RECORDS DESTRUCTION FOR THE POLICE Records Destruction DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO for Police ORDINANCE NO. 75-60. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by, the Deputy City Clerk: Douglas Coglitore; Roy and Kristi Turnwall; and Dean Joseph Wetherington. Alcoholic Beverage Alcoholic Beverage Control (ABC) License requests: Licenses Choito, 401 East 17th Street; Suite C, for an original Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Carefree International Enterprises, 670 West 17th Street, Unit 176, for a premise -to -premise transfer of a Type 9 (beer and wine importer), Type 12 (distilled spirits importer), Type 17 (beer and wine wholesaler), and Type 18 (distilled spirits wholesaler) ABC licenses. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution'; 1889, funding Payroll 204 for $1,795,188.90, 1889/Payroll 204 and City operating,,expenses for $954,145.06, including payroll deductions. Approved Warrant Warrant Resolution 1890, funding City operating expenses for 1890 $794,280.09. ADMINISTRATIVE Change Order No. 1 was approved to the contract with Ware & ACTIONS/Approved Malcomb Architects, Inc., 18111 Von Karman Avenue, Suite 600, Change Order 1 to Irvine, for $18,450.00;, for additional architectural and engineering Ware & Malcomb Con- services, in connection with the Seismic Retrofit of City Hall and tract for Seismic Retro- the Corporation Yard, Project No. 00-14, and the City Manager was fit, Project No. 00-14 authorized to sign on behalf of the City. 1 1 1 37 r Approved Agreement An agreement was approved with Southland Car Counters, 1407 with Southland Car North Batavia, Suite 107, Orange, for $35,000.00, for the City's Counters for Traffic annual traffic volume survey, and the Mayor and Deputy City Clerk Volume Survey were authorized to sign on behalf of the City. OLD BUSINESS Old Business No. 2 was presented: From the meeting of February Parking of Oversized 19, 2002, second reading and adoption of Ordinance 02-3, and Non -motorized Vehicles regarding the parking of oversized and non -motorized vehicles throughout the City. Communications were received from Irene Brazda, Eastside Costa Mesa resident, supporting the new ordinance; Jeanne Brown, 951 Presidio Drive, Costa Mesa, opposing the 48-hour time limit; Gordon Cannon, 2016 Kornat Drive, Costa Mesa, recommending four changes to the ordinance; Frank T. Cummings, 3046 Capri Lane, Costa Mesa, supporting the current version of the ordinance; Robert and Sally Elliott, Costa Mesa residents, opposing any change to the existing 72 -hour parking law; three from David Goss, 2021 Kornat Drive, Costa Mesa, offering eight suggestions to resolve the RV parking ordinance issue; agreeing with the Mayor's intent to continue this item; and endorsing the second alternative contained in the agenda report; R. Michael Healey, 2144 Iris Place, Costa Mesa, giving his reasons for opposing the new ordinance; Polly Hendriks, 2239 Catherine Place, Costa Mesa, opposing the number of regulations contained in the proposed ordinance; Mark Hubbard, 2858 Inroz Drive, Costa Mesa, supporting the new ordinance; Jamie Irvine, 2845 Mesa Verde Drive East, Suite 5, Costa Mesa, expressing concern about having to obtain a permit to park his RV; David and Susan Kinkade, 2001 Swan Drive, Costa Mesa, suggesting that current regulations be retained; Irene Krinsky, Costa Mesa resident, supporting the 72 -hour time limit for RV parking; Edward Martindale III, 2743 Gannet Drive, Costa Mesa, recommending that a committee be formed to work out an equitable ordinance that is fair to everyone; Marty Martindale, Costa Mesa resident, opposing the 48-hour time limit parking for RV's; Inez McLane, 3245 Iowa Street, Costa Mesa, opposing the 48-hour time limit parking for RV's; Roger Neth, 260 Bucknell Road, Costa Mesa, proposing a solution to the RV parking issue; Gene and Jane Patterson, 2869 Monterey Avenue, Costa Mesa, opposing the new ordinance; The Sharp's, 1780 Anaheim Avenue,. Costa Mesa, requesting a "permanent/yearly' placard for their type of circumstance which is the need to use their RV to transport their handicapped daughter on a daily/weekly basis as needed; Don Tallman, Family Motor Coach Association, supporting Alternative 2 contained in the agenda report; Jeff and Debbie Williams, 1954 Federal Avenue, Costa Mesa, opposing the new ordinance; and Brian Witter, 2976 Babb Street, Costa Mesa, opposing the permit requirement, and the 48-hour time limit parking for RV's. Mayor Dixon asked that this item be heard now in order to request a continuance. She asked that the old and new ordinances be more completely addressed in an updated agenda report, and a complete review of what other communities in Orange County are doing be conducted. MOTION/To Continue A motion was made by Mayor Dixon, seconded by Council Member Robinson, to continue this item to the meeting of April 15, 2002, declining to accept public testimony at this time. Council Member Robinson seconded the motion because the agenda report indicated a new recommendation about which she would like further clarification. She indicated that her questions could not be answered this evening, noting that she wished to give the ordinance her full ,time and attention. Council Member Cowan stated that she would like to hear public comments on the new staff recommendations contained in the agenda report. SUBSTITUTE A substitute motion was made by Council Member Cowan, MOTION/Continued seconded by Council Member Steel, and carried 5-0, to continue to April 15, 2002 this item to the meeting of April .15, 2002, allowing public comment this evening. Mayor Pro Tem Monahan supported the substitute motion, noting that he is comfortable With the new staff alternative. The following Costa, Mesa residents opposed the proposed changes in parking requirements and recreational vehicle regulations: Gayle Lackey, 917 ,Coronado Drive; Steve Marx, 3174 Madeira Avenue; John Lackey, 917 Coronado Drive; Fred Sendra, 817 Cortez Street; Shedrick Moore, 1853 Elba Circle; Diane Stacey, 999 Cheyenne Street; Fa. Michael Healey, 2144 Iris Place; Inez McLane, 3245 Iowa Street; Ron Powell, 914 Evergreen Place; Don Andrews, 3101, Yukon ,Avenue; Polly Hendricks, 2239 Catherine Place; James Groos, 1071 Redding Avenue; Dennis Patterson, 178 East Wilson Street, suggested that this issue be placed on a ballot for the voters: to decide; Ron Renish, 3236 Iowa Street; Frank Leingang, 3368 California Street; a representative of the "Good Sam" Club; Bernard Ungrodt, 927 Presidio Drive; Rosemary Chora, 963 Arbor Street; Harold Bishop, 3051 Warren Lane; David Goss, '2021 Kornat Drive, supported the new alternative; and provided an RV owner website, www.cmrvo.com; and Danny Ward, 3942 Cork Lane. Bill Folsom, 2700 Peterson Place, No. 45C, Costa Mesa, supported the proposed alternative to the ordinance, and encouraged residents to familiarize themselves with this plan which "puts teeth into the 72=hour limit." Mark Abrams, 174 Broadway, No. A, Costa Mesa, confronted Council Member Steel about his reluctance to return telephone calls. Council Member Steel refuted this allegation. Craig Stevens, 1845. Anaheim Avenue, Apt. 6D, Costa Mesa, supported the Police alternative. Mayor Pro Tem Monahan ascertained that a majority of the attendees at the meeting were not familiar with the proposed changes to the ordinance and read the pertinent information, explaining that the 72=hour limit would be retained with the directive that the RV must be moved 20 : miles at the end of that time, and the permit requirement deleted. Mrs. Buck, Costa Mesa resident, supported the ordinance but opposed the requirement to move the RV the required 20 miles. Vickie Moore, Mesa i Verde resident, supported the alternative, stating that it targets those who store their RV's on the street. Bonnie Winslow, 1050 Vallejo Circle, Costa Mesa, felt that the 72 - hour time frame is necessary, and opposed the permit system. Jim Wagner, 3150 Bray Lane,, Costa Mesa, in reference to the vehicle being moved 20 miles after the 72 -hour limit has expired, asked how the Police Department could read the odometer on a digital dash. 1 1 Ron Staugaard, 1998 Rosemary Place, Costa Mesa, believed that the 72 -hour rule should be enforced based on complaints. Martha O'Meara, 1980 Lemnos Drive, Costa Mesa, felt that the ordinance proposed at the meeting of February 19, 2002, is a reasonable compromise. Lou Lelea, 2395 Westminster Avenue, Costa Mesa, addressed safety issues in relation to recreational vehicles, and supported the concept of a one-week permit. Council Member Cowan supported the alternative, and expressed her concern about RV's parked on Costa Mesa streets which are owned by non-residents, and RV's parked on commercial streets. She felt that Council had the obligation to "look at and weigh" both sides of the question; looking at what is best for the community, and standing up for those who do not feel that they can voice their opposition to RV's. Council Member Steel complimented the Police Lieutenant on the alternative suggestion, and thought that residents whose only means of transportation is a recreational vehicle should be exempt from the ordinance. He objected to the State requirement to install 125 street signs, and suggested forming a committee of non -RV and RV owners. Council Member Robinson supported formation of a citizens group but expressed concern that non -RV owners would not participate because they are afraid. Mayor Dixon asked that the following items be addressed by staff: the digital dash; trailer versus RV; placement of this issue on the November 5, 2002, ballot; review other cities' ordinances which are easy to enforce; and the cost to update the City's computer system so residents can obtain permits on-line. RECESS The Mayor declared a recess at 9:25 p.m., and reconvened the meeting at 9:40 p.m. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place set Land Use Regulations for the public hearing to consider an, ordinance amending the and Development regulations contained in the Costa Mesa Municipal Code, Title 13 Standards Affecting and Title 20, to make numerous miscellaneous technical changes Zoning Districts and clarifications in land use regulations and development standards affecting all zoning districts. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Senior Planner reviewed the Agenda Report dated February 25, 2002. Mayor Pro Tem Monahan asked that staff forward information regarding minor conditional use permit requirements for video games, vehicle storage and parking regulations, abandoned vehicles, etc. Council Member Robinson asked that "subject to Planning Commission review" be added to Page 7, Section m (5). The Senior Planner suggested deleting the subsection, therefore, a variance would be automatically required. Mayor Dixon asked that on Page 3, Item No. 8, the Development Services Director be deleted and the Zoning Administrator be added. There being no speakers, the Mayor closed the public hearing. MOTION/Gave First On motion by Council Member Cowan, seconded by Council Reading to Ordinance Member Robinson, and carried 5-0, Ordinance 02-4 was given first 02-4 reading and passed to second reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLES 13 AND 20 OF THE COSTA MESA MUNICIPAL CODE TO INCORPORATE NUMEROUS MISCEL- LANEOUS TECHNICAL CHANGES AND CLARIFICATIONS IN LAND USE REGULATIONS AND DEVELOPMENT STANDARDS AFFECTING ALL ZONING ,DISTRICTS, directing staff to incorporate the above modifications. Second reading and adoption are scheduled for the meeting of; March 18, 2002. PUBLIC HEARING The Deputy City Clerk, announced that this is the time and place set Day -Care Homes for the public hearing to consider an ordinance amending the Development Stan- regulations contained in the Costa Mesa Municipal Code, Title 13, dards for development standards for large -family day-care homes; and review criteria and standard conditions of approval for large -family day-care homes. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's office. No communications were: received.' The Associate Planner reviewed the Agenda Report dated February 21, 2002, and responded to questions from Council. Don Elmore, 2209 Wallace Avenue, Costa Mesa, commented that should a day-care facility be 'located in his neighborhood, it could be disruptive, especially if signs advertising the facility and playground equipment were installed. There being no other speakers, the Mayor closed the public hearing. MOTION/Gave First On motion by Council Member Cowan, seconded by Council Reading to Ordinance Member Robinson, and carried 4-1, Mayor Pro Tem Monahan 02-5 voting no, Ordinance ' 02-5 was' given first reading and passed to second reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING THE REGULATION OF LARGE,FAMILY DAY-CARE HOMES, modifying the proximity of large -family day-care homes on the same street or block; to at lease 700 feet. Second reading and adoption are scheduled for the meeting of March 18, 2002. OLD BUSINESS The Deputy City Clerk presented from the meeting of February 19, Canopies in Non- 2002, second reading and adoption of Ordinance 02-2, regarding residential and the use of canopies in non-residential and residential zones. A Residential Zones communication was received from Eleanor Egan, 1893 Parkview Circle, Costa Mesa, opposing the ordinance which allows canopies in residential zones' because she believed that it would be difficult to enforce. The Development Services Director summarized the Agenda Report dated February 20, 2002. Mayor Dixon suggested modifying the first page of the ordinance, Section 20-11.5, Use of Canopies, to read, "The use of canopies is limited to commercial zones..."",and deleting `or zone" from the second sentence. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, thought that canopies should be permitted with residents monitoring the uses. Don Elmore, 2209 Wallace Avenue, Costa Mesa, thought that if canopies are to be taken down, then the framework should be removed also. MOTION/Adopted A motion was made by Mayor Dixon, seconded by Council Member Ordinance 02-2 Cowan, and carried 5-0, to adopt Ordinance 02-2: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 20 OF THE MUNICIPAL CODE REGARDING' THE USE OF CANOPIES IN NOW RESIDENTIAL AND RESIDENTIAL ZONES, including the change to the first page as indicated above. fl OLD BUSINESS The Deputy City Clerk presented an ordinance adding Chapter 12 Illegal Drugs on to Title 11 of the Costa Mesa Municipal Code and establishing Rental Property regulations applicable to landlords renting property upon which specified illegal drug activities are occurring. A communication was received from Janice and Campbell Davidson, 1982 Arnold Avenue, Costa Mesa; Hilldegard and Catarino Gonzalez, 1932 Pomona Avenue, Costa Mesa; Jadee and Phillip Mutt, 666 Ross Street, Costa Mesa; and Pete and Susan Reasin, 1977 Arnold Avenue, requesting that the ordinance be returned to its original form so that references to gangs are included. Communications were also received from the Apartment Association of Orange County, 12822 Garden Grove Boulevard, Suite D, Garden Grove, supporting the ordinance; and South Coast Apartment Association, 2102 Business Center Drive, Irvine, referring to Section 11-196, Right to Appeal Notice of Violation, requesting that one representative of SCAR be afforded the opportunity to participate in the appeals process, along with one representative from the apartment Association of Orange County. The Police Lieutenant summarized the Agenda Report dated February 14, 2002. He and the Assistant City Attorney responded to questions from Council. Council Member Steel objected to the removal from the ordinance of the language referring to gangs, and felt that it is imperative that the City take a stance. He encouraged Council to adopt a gang ordinance. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, complained about the lateness of the hour, and supported addressing the gang problem in the ordinance. Matt Petteruto, representing the Apartment Association of Orange County, 12822 Garden Grove Boulevard, Garden Grove, reported that the Association represents over 3,000 apartment owners and managing companies throughout Orange County, and supported the crime eviction ordinance. He felt that the ordinance is fair to apartment owners, noting that it provides an appeal process. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, requested that the original wording referring to gangs be reinstated. Margaret Morgan, 206 East 15th Street, Costa Mesa, reported that rental agreements contain a clause specifying that the tenant shall not perform illegal acts on the premises, and the landlord has the option of eviction. She opposed holding the landlord responsible for the actions of a tenant. Judy Legan, representing South Coast Apartment Association, 2102 Business Center Drive, Irvine, supported the ordinance, and asked to be represented on the Board of Appeals. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, commented that the proposed ordinance is unnecessary because it is now against the law to use, grow, buy, sell, or transport drugs. She pointed out that the ordinance only pertains to adults; and related incidences of harassment in her neighborhood. Steve Mensinger, 2909 Ellesmere Avenue, President of Arnel Management Company, supported the ordinance in its current form. 41 Don Elmore, 2209 ,Wallace Avenue, Costa Mesa, asked that the gang language be returned to the ordinance, and addressed teenage drug problems in his area. David Stiller, 2879 Regis Lane,: Costa Mesa, commented that the agenda report did not, address convictions for drug offenses which are appealed, and stated that the ordinance leaves him with questions about "due process". Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, supported adopting the ordinance with the original wording, and asked why the verbiage relating to gangs had been removed. John Feeney, 1154 Dorset Lane, Costa Mesa, thanked the Police Department for their efforts, and' indicated that the majority of those charged under the, gang ordinance leave town. He proposed adopting the original ordinance with the "gang" references intact. Eva Marin, 1780 Placentia Avenue, Costa Mesa, manager of an apartment complex, reported on gang activity in her neighborhood, and supported the ordinance with the original wording. Larry Weichman, 1175 Boise Way, Costa Mesa, member of the Mesa North Crime Committee, encouraged use of the word "gang" in the ordinance. He reported that the adult resident in an apartment is notified' prior to action being taken by the Police Department. Council Member Robinson clarified that due process protects the landlord, and the gang ordinance as originally written fails to give landlords enough notice of what they need to do to evict a tenant. She indicated that due process for the criminal is taken care of through the court system, and felt that the word "gang" is irrelevant to the statute. She supported the current ordinance. Council Member Steel supported the original gang ordinance, drafted June 22, 2001, commenting that the Police Department would not abuse their authority. MOTION/To Adopt A motion was made by Council Member Steel, seconded by Mayor Original Ordinance Pro Tem Monahan, to adopt the ordinance as originally presented, Failed to Carry prior to modification and deletion of the word "gangs". The motion failed to carry 3-2, Council Members Dixon, Cowan, and Robinson voting no. Mayor Pro Tem Monahan thought that the original ordinance would be a stronger tool for the Police Department. MOTION/Gave First On motion by Mayor Pro Tem Monahan, seconded by Mayor Reading to Ordinance Dixon, Ordinance 02-6 was given first reading and passed to 02-6 second reading: AN, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER 12 TO TITLE 22 OF THE COSTA MESA MUNICIPAL CODE AND ESTABLISHING REGULATIONS APPLICABLE TO LANDLORDS RENTING PROPERTY UPON WHICH SPECIFIED ILLEGAL DRUG ACTIVITIES ARE OCCURRING, adding "gang related crimes" to the definitions, deleting Section 11-201, Operative Dates, and specifying Jhat one of the seats on the Board of Appeal be held by a member of the South Coast Apartment Association. Second reading and adoption are scheduled for the meeting of March 18, 2002. 241 The Assistant City Attorney noted that the two apartment association Board of Appeal members will assist the Hearing Officer in reaching a decision and will not be voting members themselves. He proposed adding the phrase "assist and advise" to the ordinance for clarification purposes. The maker of the motion concurred with this addition, as did the seconder, and the motion carried 4-1, Council Member Cowan voting no. RECESS The Mayor declared a recess at 11:10 p.m., and reconvened the meeting at 11:20 p.m. NEW BUSINESS The Deputy City Clerk presented a report on the Ten Worst City Streets and Residential City Streets and Missing Link Sidewalks: The Public Missing Link Sidewalks Services Director reviewed the Agenda Report dated February 25, 2002. Tom Egan, 1893 Parkview Circle, Costa Mesa, encouraged Council to authorize repair of the streets but liked the "rural" look of no sidewalks. Don Elmore, 2209 Wallace Avenue, Costa Mesa, proposed fixing broken sidewalks prior to replacing missing links, referring to problems encountered by the handicapped while traversing City sidewalks. The Public Services Director reported that there is an annual contract wherein a sidewalk will be repaired within 90 days should that be required by a handicapped person. MOTION/Authorized A motion was made by Mayor Pro Tem Monahan, seconded by Repair of Streets and Council Member Robinson, and carried 5-0, to authorize repair of Sidewalks the ten worst residential streets, as listed in Attachment 1 of the Agenda Report dated February 25, 2002, for an estimated cost of $420,900.00, and authorizing the repair of two sections of the list of missing link sidewalks for an approximate amount of $350,000.00, performing this task on a yearly basis as the budget allows, and allocating the funds from the Capital Improvement Program (CIP) as the budget comes forward. NEW BUSINESS The Deputy City Clerk presented recommendations from the Parks, JoAnn Street Bicycle Recreation Facilities and Parkways Commission to retain the Trail Joann Street bicycle trail on the City's Master Plan of Bikeways, and install fencing at the rear of the private residences adjacent to the trail. The Public Services Director summarized the Agenda Report dated February 25, 2002. Mayor Dixon expressed concern regarding the aesthetics and safety of the area, suggesting that fencing the entire length of the bicycle trail, with openings in the fence, would be a plus for the entire City. She asked about landscaping, stating that the City side of the area needs improvement, and noted the need for trash cans. Mayor Dixon commented that the City property at the far end of the trail looks very bad, with large light fixtures lying about on the ground. Council Member Steel proposed, in accordance with the statement on Page 2 of the agenda report, that the resident at 662 Joann Street, who did not endorse .the installation of the fence behind his property, be given an exemption. Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, acknowledged his use of the trail, appreciated the need for the fences, agreed with the Mayor that an upgrade is needed. and suggested planting bougainvillea or jasmine. Tom Egan, 1893 Parkview Circle, Costa Mesa, was concerned about the safety issue, citing a previous Council discussion on the danger of a bicycle trail behind homes. Don Elmore, 2209 Wallace Avenue, Costa Mesa, suggested that the property owners 'should provide the fencing, or block walls, since it is private property. He supported clean-up and maintenance of the area. Don Parker, 662 Joann Street, Costa Mesa, opposed additional fencing, believing that the current fencing is adequate. He indicated that he uses the bicycle trail and attempts to keep the area behind his home; clean. Susan Martin, 640 Joanne Street, Costa Mesa, read a letter from Elsie Kogler, 636 Joann Street, Costa Mesa, addressing trash on the trail, pilfering by persons scaling the fence, and requesting installation of a higher fence. nils. Martin reported that the current fence is not on private property, and asked that the fence be provided for the safety of the neighborhood. MOTION/Retained A motion was made by Mayor Dixon, seconded by Council Member Trail; Approved Steel, and carried 5-0, to retain the Joann Street bicycle trail, to Fencing; Gave approve installation of fencing along the entire bicycle trail except Directions to Staff at 662 Joann Street, 'directing the Police Department to provide a higher level of security, directing staff to landscape the area with a drip system and drought -tolerant plants, and directing staff to place trash containers along the trail. NEW BUSINESS The Deputy City Clerk presented an ordinance regarding Employment Solici- employment solicitation on private property. A communication was tation on Private received from Martin; Millard, 2973 Harbor Boulevard, No. 264, Property Costa Mesa, recommending that anti -loitering signs be printed in English only. The Assistant City Attorney reviewed the Agenda Report dated February 25, 2002,Council Member Steel suggested passing out flyers in English and Spanish in lieu of making signs. The Assistant City'Attorney clarified for the Mayor that once the signs are posted, the Police would be entitled to go onto the premises and arrest anyone that they see soliciting. He and the Police Captain responded to questions from Council. Council Member Steel proposed informing the Immigration and Naturalization Service: (INS) of illegal aliens in the City. He felt that the various "magnets"' within the,City should be addressed. Martin Millard, 2973: Harbor Boulevard, No. 264, Costa Mesa, disagreed with the Police Captain, stating that the Police may arrest and turn illegals over to the INS. He complained that Section 10-354.1(b)(3) mandates that the signs be printed in both English and Spanish, believingthat the dual language sets a bad precedent. Tom Egan, 1893 Parkview Circle, Costa Mesa, objected to signs being printed in Spanish, commenting that it would take away from the "sense of community". He felt that staff should provide evidence that the sign is Spanish is warranted, and a public hearing should be held to allow for community input. Also speaking against the dual -language signs were Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa; and Don Elmore, 2209 Wallace Avenue, Costa Mesa. 1 1 24.5 The Assistant City Attorney responded to Council Member Cowan by stating that the addition of Spanish is discretionary, and commented that the ordinance adopted by the City of Huntington Beach contains the Spanish language requirement. MOTION/Gave First Reading to A motion was made by Mayor Pro Tem Monahan, seconded by Council Member Cowan, to give first reading to Ordinance 02-7: Ordinance 02-7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA. MESA, CALIFORNIA, AMENDING CHAPTER XIX OF TITLE 10 OF THE COSTA MESA MUNICIPAL CODE REGARDING SOLICITING EMPLOYMENT ON PRIVATE PROPERTY. Council Member Steel proposed additions to the motion: circulating flyers in lieu of signs in both English and Spanish, providing the locations of Job Centers in other cities, and noting that they will be required to provide documentation proving citizenship should they be cited for an infraction. The maker of the motion declined to add the above to the motion. Mayor Dixon opposed the motion, stating that she would like residents to learn the English language. She realized that there is a problem but was not sure this is the solution. The motion carried 3-2, Council Members Dixon and Steel voting no. Second reading and adoption are scheduled for the meeting of March 18, 2002. NEW BUSINESS The Deputy City Clerk presented issues relating to Private School Private School Out- Outdoor Play Areas and Private Residential Outdoor Play Areas for door Play Areas/ Children: review criteria and standard conditions of approval; and Private Residential pursuant to Planning Chair Foley's request, incorporation of Outdoor Play Areas additional requirements for play equipment derived from the City of for Children Irvine's Park/Public Facility Standards, received subsequent to Planning Commission approval. The Development Services Director reviewed the Agenda Report dated February 20, 2002. Cindy Soto, 1845 Anaheim Avenue, No. 15C, Costa Mesa, mother of a pre-school child killed on May 3, 1999, in a Costa Mesa preschool incident, encouraged Council to support these types of changes. She felt that there were not enough guidelines in place, especially concerning security and safety. She encouraged the use of bollards and steel reinforced perimeters around child-care centers, as well installation of 6 -foot fences. Mayor Pro Tem Monahan supported the safety aspects but expressed concern regarding the costs to private entities. Beth Refakes, 320 Magnolia Street, Costa Mesa, supported the review criteria and safety standards for play areas. She suggested additional language that the play yard may not be separated from the facility by a street, alley, or driveway, and that any parking lot used as a playground must be used exclusively as a playground during hours of operation. She added that walls and gates should not be constructed in the public right-of-way. MOTION/Approved A motion was made by Council Member Cowan, seconded by Criteria Council Member Steel, and carried 5-0, to approve the review criteria and standard conditions of approval for outdoor play areas pursuant to the Planning Commission's recommendation, to incorporate the additional requirements for play equipment derived from the City of Irvine's Park/Public Facility Standards per Chair Foley's request; and to incorporate all of the above into the City's Park/Public Facility'Standards. NEW BUSINESS The Deputy City Clerk presented a resolution prohibiting parking on Resident Only EI Camino Drive between Fairview Road and Monterey Avenue, Parking and on EI Rio Circle, allowing "resident -only" parking. Communications were received supporting the resolution from Louis Malec, 1191 EI Camino Drive, Costa Mesa; and Louis Castellana, 2897 EI Rio Circle, Costa Mesa. The Public Services Director summarized the Agenda Report dated February 22, 2002. The resident at 1199 EI Camino Drive, Costa Mesa, stated that he would provide the corrected version of a petition submitted earlier, and complained about the lack of parking on his street due to the renters from a local' apartment complex and their guests who monopolize the street. He mentioned the safety factor, stating that motorists speed through the intersection of Fairview Road and EI Camino Drive. John Pierpont, 1177 EI Camino, Drive, Costa Mesa, supported the resolution, and addressed the issue of enforcement. Dwight Masuda, 1171, EI Camino Drive, Costa Mesa, objected to non-residents parking on EI Camino Drive, stating that they are there at all hours of 'the evening and they litter the street. The Public Services Director responded to a question from Council Member Steel by stating that. he had contacted the apartment complex management who had indicated that additional renters sometimes move into an apartment after it has been let. MOTION/Adopted A motion was made by Mayor; Pro Tem Monahan, seconded by Resolution 02-17 Council Member Robinson, and carried 5-0, to adopt Resolution 02-17: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON EL CAMINO DRIVE BETWEEN FAIRVIEW ROAD AND MONTEREY AVENUE, AND ON EL RIO CIRCLE. COUNCIL Council Member Robinson announced that the Human Relations COMMENTS Committee is hosting: a reception on April 14, 2002, from 2:00 to Human Relation 4:00 p.m., to recognize all City volunteers. She also reported that Committee Events the Committee and the Mesa Verde Homeowners Association are hosting a "Meet the Chief' evening on March 20, 2002, featuring Police Chief Dave Snowden and: Fire Chief Jim Ellis. Master Calendar Council Member Steel encouraged the recreational vehicle people to formally elect officers. He hoped that there is a master calendar on the City's website coordinating all the meetings, breakfasts, lunches, and dinners, of all the groups and clubs in the City. The City Manager replied that only events under the City's jurisdiction are on the website. He supported Council Member Robinson on her write-in campaign for a local ;judgeship. Homebuyer Program Council Member Cowan expressed interest in a discussion regarding broadening the Community Development homebuyer program to all City employees. Artist Showcase/ Senior Center ADJOURNMENT 1 1 1 Mayor Dixon announced that the Artist Showcase is this weekend, March 9 and 10, 2002, at the Senior Center, and on Monday, Ruby's Diner on 17th Street will hold a fundraiser to benefit the Senior Center. The Mayor declared the meeting adjourned at 1:05 a.m. Mayor of the City of Costa Mesa ATTEST: City Clerk of thq C71 i'of Costa 7