Loading...
HomeMy WebLinkAbout09/04/1990 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 4, 1990 The City Council of the City of Costa Mesa, California, met in regular session September 4, 1990, 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, and Invocation by the Reverend Rossire, Presbyterian Church of the Covenant of Costa Mesa. ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Ory Amburgey Council Member Sandra Genis Council Member Edward Glasgow Council Members Absent: Officials Present: None City Manager Allan Roeder Assistant City Attorney Jerry Scheer Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Assistant Development Services Director/Building Tony D'Ce Baca City Clerk Eileen Phinney MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council July 16 and Member Amburgey, and carried 5-0, the minutes of the August 6, 1990 regular meetings of July 16 and August 6, 1990, were approved as distributed. ORDINANCES A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, to read all ordinances by title only. ORAL COMMUNICATIONS Carl Bureman, 447 Princeton Drive, Costa Mesa, Council - appointed advisor for veterans affairs, introduced Sid Legion of Valor Goldstein, member of the Legion of Valor. Mr. Bureman explained that the Legion is made up of veterans who wear either the Congressional Medal of Honor, the Navy Cross, Distinguished Service Cross, etc. Sid Goldstein extended an invitation to the Council to attend the 101st reunion of the Legion at the Red Lion Inn, Costa Mesa, on August 1, 1991; and invited a City representative to attend the Legion Board of Directors meeting which will be held on Veterans Day, November 11, 1990, in Arlington, Virginia. Mayor Buffa suggested that the gentlemen prepare a budget to be placed on a future agenda to see if there is a desire on the part of the Council to assist with the cost of these events. PROCLAMATION Mayor Buffa read a proclamation declaring September 9, Grandparents Day 1990, as Grandparents Day. He presented the document to Terri Blake, founder of Grandparents Day. Alvin Pinkley, former Mayor of Costa Mesa, commended Ms. Blake for providing encouragement to all people faced with advanced age. CONSENT CALENDAR WRITTEN COMMUNICATIONS Records Destruction for Clerk's Office MOTION Resolution 90-70 Adopted READING FOLDER Claims Alcoholic Beverage License The following item was removed from the Consent Calendar: Item 4, Notice of Intention to Appeal or Solicit for Charitable Purpose from Knights of Columbus. On motion by Council Member Amburgey, seconded by Council Member Genis, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None On motion by Council Member Amburgey, seconded by Council Member Genis, Resolution 90-70, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERK'S OFFICE OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Council Member Amburgey, seconded by Council Member Genis, and carried 5-0, the following Reading Folder items were received and processed: Claims received by the City Clerk: Leila Appelroth; Barbara Ann Benun; George Andrew James; Michael Lee Jones; John and Pat Moquin; Robin Otto Schwarz; John W. Smith; and Marie T. Walker. Alcoholic Beverage License for which parking has been approved by the Planning staff with the condition that seating be limited to 12 seats or less: Douglas D. Daigle and Louis R. Samaniego, doing business as Heli Deli/Charter Catering, 3000 Airway Avenue, Suite 150. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose was received from B'Nai B'rith Women, Incorpor- B'Nai B'rith ated, in care of Natalie Rozner, 8932 Amador Circle, Women Suite 1310A, Huntington Beach, by selling Harvest Ball tickets in front of stores from the present to Novem- MOTION ber 1, 1990. On motion by Council Member Amburgey, Permit Approved seconded by Council Member Genis, and carried 5-0, the permit was approved with application of Municipal Code Section 9-229. WARRANT On motion by Council Member Amburgey, seconded by Council Member Genis, Warrant Resolution 1475, includ- MOTION ing Payroll 9017, was approved by the following roll Warrant 1475 call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIM On motion by Council Member Amburgey, seconded by Council Member Genis, and carried 5-0, the claim from Hall Scott M. Hall was rejected. ADMINISTRATIVE Staff requested authority to purchase six defibrillators ACTIONS from Laerdal Medical Corporation, 1 Labriola Court, Armonk, New York, for $20,788.88 through Orange County Purchase of Six Contract No. P-62668. On motion by Council Member Defibrillators Amburgey, seconded by Council Member Genis, the purchase was approved by the following roll call vote: MOTION Purchase Approved Change Order No. 6 Bayside Builders Corporation Yard Consolidation, Phase I MOTION Change Order Approved AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None Staff recommended approval of Change Order No. 6 for $37,000.00 to the contract with Bayside Builders and Engineering Contractors, Incorporated, 3100 West Lake Center Drive, Santa Ana, to provide necessary modifica- tions. On motion by Council Member Amburgey, seconded by Council Member Genis, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion The Corporation Yard Consolidation, Phase I, has been Bayside Builders completed to the satisfaction of the Public Services Director by Bayside Builders and Engineering Contrac- Corporation Yard tors, Incorporated, 3100 West Lake Center Drive, Santa Consolidation, Ana. On motion by Council Member Amburgey, seconded by Phase I Council Member Genis, the work was accepted; the Clerk was authorized to file a Notice of Completion; authori- MOTION zation was given to withhold the amount of any stop Work Accepted notices filed or which may be filed plus 25 percent from the retention monies; authorization was given to release remaining retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months there- after; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Staff requested approval of an agreement with Vandorpe Vandorpe Chou Chou and Associates, Incorporated, 295 Rampart Street, Orange, to provide building plan review services. On Building Plan motion by Council Member Amburgey, seconded by Council Review Services Member Genis, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the MOTION City. The motion carried by the following roll call Agreement vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Traffic Analysis by A proposal was presented from Austin -Foust Associates, Austin -Foust Incorporated, 2020 North Tustin Avenue, Santa Ana, in an amount not to exceed $23,000.00, to provide a traffic 19th Street Bridge/ analysis of the 19th Street bridge/Bluff Road area. On Bluff Road Area motion by Council Member Amburgey, seconded by Council Member Genis, the expenditure was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 22nd Street/Santiago On motion by Council Member Amburgey, seconded by Avenue Widening Council Member Genis, and carried 5-0, letters opposing the widening of 22nd Street/Santiago Avenue from Newport MOTION/Referred to Boulevard to Irvine Avenue, were referred to the Public Public Services Services Director for responses. BUSINESS PERMIT Item 4 on the Consent Calendar was presented: Notice of Knights of Columbus Intention to Appeal or Solicit for Charitable Purpose from Knights of Columbus, 270 Robin Hood Lane, Costa Mesa, by selling Tootsie Rolls in front of stores from September 2 through 4, 1990. The City Manager recommended that Council ratify this request since solicitation has been completed. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Request Ratified Member Amburgey, and carried 5-0, the permit was rati- fied. PUBLIC HEARING The Clerk announced the public hearing, continued from Bristol Street/ the meeting of August 20, 1990, to consider an amendment Anton Boulevard to the Master Plan of Highways for Bristol Street and Improvements Anton Boulevard: Addendum No. 3, Addendum No. 3 to Environmental Impact Report (EIR) EIR No. 1037 No. 1037. GP -90-03 General Plan Amendment GP -90-03, to amend the Master Plan of Highways for Bristol Street, by upgrading to a modified major arterial from Anton Boulevard to the I-405 Freeway, adding a northbound and southbound through -lane, and by upgrading the intersection at Anton Boulevard to three westbound left -turn lanes (Alternative B-1). The Public Services Director stated that at the meeting of August 20, 1990, Council requested additional data in conjunction with Addendum No. 3 to EIR No. 1037, specifically, the Technical Document. He pointed out that the Technical Document includes some of the find- ings as they relate to significant weaving problems found in some of the alternatives which were considered. The Director called attention to Revised Addendum No. 3, and summarized the revisions recommended by Council at the last meeting (Pages 40, 42, 43, 48, 52, 54, and 57 of the staff report). He also referred to Page 19 of the staff report which shows that the findings were revised to require installation of drought -tolerant plant materials. Gary Warkentin, of Robert Bein, William Frost and Asso- ciates (RBF), 14725 Alton Parkway, Irvine, answered questions from Council Member Genis concerning his Memorandum JN 24210 which is a summary of the merging and weaving deficiencies found in Alternatives C and D. Malcolm Ross, C. J. Segerstrom and Sons, 3315 Fairview Read, Costa Mesa, requested permission to work with staff in those areas where sidewalks are required so that creative landscaping approaches can be designed that will maintain the edge, particularly at South Coast Plaza, which probably would require winding sidewalks. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Resolution 90-71 Council Member Amburgey, to adopt Resolution 90-71, A Adopted RESOLUTION -OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CERTIFYING AS COMPLETE AND ADEQUATE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT NO. 1037, REVISED ADDENDUM NO. 3, FOR THE BRISTOL STREET/ANTON BOULEVARD INTERSECTION. The motion carried by the following roll call vote: 1 k5 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle,. Amburgey, Genis, Glasgow None None Motion Made to A motion was made by Vice Mayor Hornbuckle, seconded by Adopt Resolution Council Member Amburgey, to adopt Resolution 90-72, A 90-72 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -90-03 (ALTERNATIVE B-1), AMENDING THE MASTER PLAN OF HIGHWAYS FOR THE BRISTOL STREET/ANTON BOULEVARD INTERSECTION. AMENDED MOTION At the suggestion of Council Member Genis, Vice Mayor Resolution 90-72, Hornbuckle amended her motion by adding a Finding to with Additional Resolution 90-72, "Some of the other alternatives would Finding, was have rendered the potential for a pedestrian overcross- Adopted ing exceedingly difficult. Council Member Genis commented that supporting this action does not necessarily mean that a Level of Service less than "D" would be acceptable. The amended motion was seconded by Council Member Amburgey, and carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented Ordinance 90-11 for second reading Lease Agreement with and adoption. The ordinance approves a lease agreement Public Financing with the Costa Mesa Public Financing Authority. Authority The City Manager reported that the ordinance allows for the Public Financing Authority to proceed with the steps necessary to finance the Costa Mesa Senior Citizens Center, the Metro Fire Station, and the Victoria Street widening. He commented that the bond rating companies were impressed with both the City's and community's financial condition. MOTION On motion by Council Member Amburgey, seconded by Vice Ordinance 90-11 Mayor Hornbuckle, Ordinance 90-11, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY AND THE COSTA MESA PUBLIC FINANCING AUTHORITY, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented Ordinance 90-12 for second reading R-90-06 and adoption in connection with Rezone Petition R-90-06, The Louie Group/ The Louie Group/Saint-Erne. Saint -Erne On motion by Council Member Amburgey, seconded by MOTION Council Member Genis, Ordinance 90-12, AN ORDINANCE OF Ordinance 90-12 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF PROPERTY AT 357 WEST WILSON STREET FROM AP TO R3, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parks, Recreation The Clerk presented Ordinance 90-13 for second reading Facilities and and adoption in conjunction with formation of a Parks, Parkways Commission Recreation Facilities and Parkways Commission. The City Manager stated that the ordinance was amended as requested by Council at the last meeting, that is, reducing the membership to seven (Section 12-59), and deleting the word "programs" from Section 12-56 d. MOTION On motion by Council Member Genis, seconded by Vice Ordinance 90-13 Mayor Hornbuckle, Ordinance 90-13, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CREATING AND ESTABLISHING A PARKS, RECREATION FACILI- TIES AND PARKWAYS COMMISSION, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis NOES: COUNCIL MEMBERS: Amburgey, Glasgow ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented a request from the Cultural Arts Achievement Committee for approval of two additional 1989-90 Educa- Awards/Cultural tional Achievement Award recipients. Arts Committee Because the committee representative was not present at Trailed this time, the Mayor trailed the item. NEW BUSINESS The Clerk presented a proposed ordinance which would Pushcarts/Street prohibit pushcarts, and street and sidewalk vendors. and Sidewalk Vendors The Deputy City Manager/Development Services reported that pushcart vendors have increased dramatically in recent months, especially on the west side of the City, and the existing Code requires that these vendors have business licenses and that they be inspected by the Health Department. He commented that pushcart vendors appear to be coming from outside the City; numerous complaints have been received; this type of business is unsanitary; and staff has not been able to effectively regulate these vendors. Based on this information, he recommended adoption of the ordinance. Costa Mesa Police Sergeant Jerry Holloway answered questions from Council Member Glasgow, stating that it is difficult to determine whether the influx of pushcart vendors has resulted in an increase in the crime rate. Tony C'De Baca, Assistant Development Services Director/ Building, described a method used in the City of Anaheim where pushcarts are banned: 'pushcarts are confiscated and stored in its corporation yard, and the food is destroyed. Responding to Vice Mayor Hornbuckle's inquiry, the Assistant City Attorney reported that the ordinances in the cities of Anaheim and Santa Ana, which are similar to the proposed ordinance, have not been challenged in court. Juan Garcia, 525 Victoria Street, Apartment 113, Costa Mesa, was opposed to banning pushcarts, and suggested that the City regulate the companies who own the carts. Linda Feffer, 882 Bear Creek, Costa Mesa, was in favor of adopting the proposed ordinance. Motion Made to A motion was made by Council Member Amburgey, seconded Give First Reading by Council Member Glasgow, to give first reading to the to Ordinance (See ordinance which would prohibit pushcart, and street and Substitute Motion) sidewalk vendors. During discussion, Council Members Buffa, Hornbuckle, and Genis expressed their opposition to the ordinance, one reason being that it was too restrictive and vague. Council Member Genis suggested proper sanctions for those who are not properly licensed, possibly regulat- ing hours and areas of operation, and confiscating the carts. Mayor Buffa was concerned about the wording of Section 5(a) in that it could affect youngsters who deliver newspapers. Council Member Amburgey spoke about the necessity of Council to.be concerned about its constituents. SUBSTITUTE MOTION A substitute motion was made by Council Member Genis, Staff Directed to seconded by Vice Mayor Hornbuckle, directing staff to Prepare Regula- draw up pushcart regulations and sanctions which tions and Sanctions reflect Council's discussion. The motion carried 3-2, Council Members Amburgey and Glasgow voting no. NEW BUSINESS The Clerk again presented an item which was trailed from Achievement earlier in the meeting: A request from the Cultural Awards/Cultural Arts Committee for approval of two additional 1989-90 Arts Committee, Educational Achievement Award recipients. Vice Mayor Hornbuckle asked Committee Member Lori Houghton for background data on the two recipients being recommended for an award. Ms. Houghton introduced Committee Member Irene Hajek who is responsible for the research and recommendation of these individuals. Vice Mayor Hornbuckle disagreed with the reduced pay idea, citing a memorandum from Battalion Chief Judith. Jewell dated August 15, 1990, that Fire Captain Caldwell will be required to provide proof of current certifica- tion as required by the Fire Department. Irene Hajeck explained the procedures for selecting the recipients, and announced that the Cultural Arts Commit- tee recommended that the Citizen Educational Award be given to Jane Grier, and that the Business Educational Award be granted to the Costa Mesa Chamber of Commerce. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Awards Authorized Council Member Amburgey, and carried 5-0, approving the awards recipients as recommended by the Cultural Arts Committee in a memorandum dated August 15, 1990. NEW BUSINESS The Clerk presented a request from Fire Captain Thomas Leave of Absence Caldwell to take a Leave of Absence without pay for one for Fire Captain year beginning January 1, 1991. Caldwell The City Manager referred to a memorandum from Acting Fire Chief Fantino dated August 13, 1990, which outlines the details of the request. He commented that this leave would benefit Captain Caldwell in furthering his education, and would benefit the department by providing subordinate officers an opportunity to work in the capacity of Fire Captain on a move -up basis, allowing them additional experience at no additional cost to the City. The City Manager recommended approval of the request, and permission for Captain Caldwell to use his accrued vacation time and positive hours pool. Council Member Amburgey was concerned that an employee would not be proficient in new procedures or techniques which may have been implemented during his absence. He recommended that when an employee returns, he be paid at one step lower than his existing pay rate until he has been trained in the new prdcedures. Vice Mayor Hornbuckle disagreed with the reduced pay idea, citing a memorandum from Battalion Chief Judith. Jewell dated August 15, 1990, that Fire Captain Caldwell will be required to provide proof of current certifica- tion as required by the Fire Department. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, felt that a dedicated and skilled employee should be granted the Leave of Absence without an alteration in his pay rate since he would be at a lower step than if he had stayed in service. Council Member Glasgow was opposed to the suggestion of reducing the Captain's pay upon his return. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Authorized Leave Council Member Genis, and carried 5-0, approving the of Absence request for Leave of Absence based on the provisions contained in the aforementioned memorandums from Acting Fire Chief Fantino and Battalion Chief Judith Jewell. COUNCIL MEMBERS Council Member Genis stated that it was her understand - COMMENTS ing that the Fairgrounds is going out to bid on its new 75,000 -square -foot multipurpose building which is Fairgrounds Multi- -supposed to be covered under the Fairgrounds Master Plan. purpose Building She reported that the project is well over the limit for new buildings which would be categorically exempt under CEQA (California Environmental Quality Act), and suggested that the City be prepared to take any legal means necessary to ensure that the City's interests are protected should the Fairgrounds actually let a contract. Election Council Member Genis spoke about some confusion that Regulations occurred regarding rebuttal arguments for measures which will appear on the ballot for the November election. She asked that a provision be put in place addressing rebuttals for ballot measures so that the confusion does not occur again; and requested that a policy be drafted which conforms to State Code stipulating that once deadlines are fixed and determined, they cannot be changed. Length of Council Member Amburgey commented on discussion held Council Meetings at the Council meeting of August 20, 1990, regarding Council Members who leave the meetings early. He referenced Council Policy 000-4 which addresses the time limit established for Council meetings, that is, no new items shall be introduced after midnight. He suggested that Council abide by its policy. Mayor Buffa mentioned that he had requested the City Attorney -to draft a revised policy for Council consid- eration at the earliest possible meeting. Revenue Sharing Council Member Amburgey commented on the $165,000.00 of Funds interest accrued from Federal Revenue Sharing funds which was used recently to subsidize social program grants. He stated that he had asked the City Manager to determine the branch of the Federal Government from which these funds originated. The City Manager reported that the General Revenue Sharing funds were previously administered by a separate division within the Federal Government, and since the program was terminated approximately three years ago, monitoring of remaining funds is being done by the Office of Management and and Budget (Executive Branch). The City Manager con- firmed that the interest accrued from Revenue Sharing funds is considered Federal money. Candidates' Vice Mayor Hornbuckle mentioned the upcoming November Forums election and reminded all Council candidates that Council meetings are not the appropriate forum for debates, and that there are special forums set aside to discuss opposing views. 1 1 Staff Commended Mayor Buffa commended the City Manager and Public Services Director on the -landscaping and monument signs at the Civic Center. ADJOURNMENT The Mayor declared the meeting adjourned at 8:20 p.m. (;�Q Mayor of the City of &bsta Mesa ATTEST: C ty Clerk of the City of Costa sa