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HomeMy WebLinkAbout08/20/1991 - Adjourned City Council MeetingADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 20, 1991 The City Council of the City of Costa Mesa met in adjourned regular session August 20, 1991, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was duly and regularly ordered adjourned from the regular meeting of August 19, 1991, for the purpose of completing the items on the August 19 Agenda. Copies of the Notice of Adjournment were posted as required by law. The meeting was called to order by 'the Mayor. COUNCIL MEMBERS PRESENT: Mayor Mary Hornbuckle Vice Mayor Sandra Genis (arrived at 6:45 p.m.) Council Member Peter Buffa Council Member Jay Humphrey Council Member Joe Erickson COUNCIL MEMBERS ABSENT: None OFFICIALS PRESENT: City Manager Allan Roeder City Attorney Thomas Kathe Public Services Director William Morris Deputy City Clerk Mary Elliott Principal Planner R. Michael Robinson ANNOUNCEMENT The Mayor announced that the Old Business item regarding the appointment of a Planning Commissioner would be postponed until the arrival of Vice Mayor Genis. OLD BUSINESS The Deputy City Clerk presented Ordinance 91-21 for Campaign Contribu- second reading and adoption. The ordinance pertains to tion Limitations campaign contribution limitations for conflict of for Conflict of interests. She also presented the City Attorney's Interests Report Nos. 91-45A and 91-45B pertaining to Political Action Committees. The City Attorney reviewed Report No. 91-45B regarding political action committee campaign contributions being subject to Section 2-68(g) of the Costa Mesa Municipal Code. MOTION On motion by Council Member Buffa,.seconded by Council Ordinance 91-21 Member Erickson, Ordinance 91-21, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY;OF COSTA MESA, CALIFORNIA, AMENDING SUBSECTION (g)'OF SECTION 2-68 OF THE COSTA MESA MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION LIMITATIONS FOR CONFLICT OF INTERESTS, was given second reading and adopted by the following roll call vote: AYES: Hornbuckle, Buffa, Humphrey, Erickson NOES: None ABSENT: Genis OLD BUSINESS The Deputy City Clerk presented from the meeting of SRO Developments August 5, 1991, a policy to guide the future develop- ment of single -room occupancy (SRO) residential hotels within commercial zones. Environmental Determination: Negative Declaration. Alice Angus, Senior Planner, reviewed the Agenda Report dated August 7, 1991, which included changes to the SRO draft policy; and she stated that staff is recommending 1 SRO's be considered for commercial zones where hotels are currently allowed. She noted that Newport Boulevard north of 19th Street is currently designated neighbor- hood commercial but the new General Plan designation for this area will be general commercial. Frank Cole, 2482 Fairview -Way, Costa Mesa, spoke regard- ing the amenities in SRO units, stating they usually had a wall unit, desk, appliances which included a microwave, garbage disposal, colored television, and so forth. He gave a lengthy presentation on the management and work- ability of these types of units. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if all hotels required conditional use permits, and the Princi- pal Planner responded that hotels are a conditional use in all commercial zones. Mr. Soffer questioned the practicality of collecting rent on a daily basis. Vice Mayor Genis did not accept the necessity of provid- ing a color television in these units. Mr. Cole stated that a color television was not usually included in the recreation areas. MOTION On motion by Council Member Erickson, seconded by Negative Declaration, Council Member Humphrey, and carried 5-0, the Negative De Minimis Finding, Declaration and the De Minimis finding were adopted; and and Council Policy the Council Policy was adopted, with changes as outlined Adopted in the Agenda Report dated August 7, 1991. OLD BUSINESS The Deputy City Clerk presented from the meeting of Planning Commission August 5, 1991, appointment of a Planning Commissioner Appointment to fill the unexpired term of Joe Erickson. MOTION On motion by Vice Mayor Genis, seconded by Council Mark Korando Member Humphrey, and carried 5-0,.Mark Korando was Appointed appointed to the Planning Commission, term expiring February 28, 1993. The City Manager stated that Mr. Korando would be sworn in immediately so he can assume his seat on the Planning Commission at its next regular meeting. OLD BUSINESS The Deputy City Clerk presented from the meeting of Parking by Permit August 5, 1991, the request from Council Member Humphrey and Increased Fines to strengthen wording of the ordinance pertaining to parking by permit only and increased fines. The Deputy City Clerk also presented: City Attorney's Report No. 91-47A pertaining to a pro- posed ordinance amending Section 10-221.2 of the Costa Mesa Municipal Code; and Resolution setting fines pertaining to parking by permit on public streets. The City Attorney reviewed his Report No. 91-47A and the proposed ordinance and resolution. He noted a correc- tion on Page 1 of the resolution, stating that the fifteen dollar ($15.00) fine is not correct; and the increased fine is to be determined by Council, with the maximum fine allowable being $100.00. Vice Mayor Genis stated that the major problem with resident parking permit holders selling parking passes is that they can obtain up to 100 guest parking permits. Council Member Buffa stated that the problem.is in how the permits are issued. The City Manager stated that there are an ample amount of signs posted in restricted -parking neighborhoods; and signs could be altered to incorporate the maximum fine. He also made note of court costs involved which can be as high as 150 percent of the fine. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested having a "mandatory fine" which would be enforced with the courts. He noted that on Page 2 of the ordinance, the first paragraph which reads, "sold, transferred or exchanged for money or other valuable consideration...", and suggested that the sentence end after "or exchanged". MOTION On motion by Council Member Humphrey, seconded by Vice Ordinance 91-23 Mayor Genis, Ordinance 91-23, AN ORDINANCE OF THE CITY Given First COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING Reading SECTION 10-221.2 OF THE COSTA MESA MUNICIPAL CODE RELAT- ING TO PARKING BY PERMIT ON PUBLIC STREETS, deleting the wording on Page 1, Section 1(a), line 6, and Section 1(b), line 5, "and paying the designated fee", was given first reading and passed to second reading. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None MOTION On motion by Council Member Humphrey, seconded by Vice Resolution 91-73 Mayor Genis, Resolution 91-73, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO ESTAB- LISH THE MINIMUM FINES FOR VIOLATIONS OF REGULATIONS RELATING TO PARKING BY PERMIT ON PUBLIC STREETS, desig- nating the assessed fine to be $100.00 and so note on Page 1, 4th paragraph, and Page 2, first paragraph; changing the current assessed fine as noted in Paragraph 3, to the accurate current fee amount. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None OLD BUSINESS The Deputy City Clerk presented from the meeting of Law Enforcement August 5, 1991, a request from Council Member Humphrey Fee to institute a fee when law enforcement personnel are requested a second time for loud parties. Council Member Humphrey summarized his request regard- ing attempts to control loud parties, stating the use of police officers for this type of incident adversely affects the City budget. Vice Mayor Genis expressed concern regarding who would pay the proposed fee, stating she felt it should be the person who had legal possession of the property; and she also noted the potential problem of party crashers. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested using a meter to measure decibel levels. MOTION On motion by Council Member Humphrey, seconded by Vice City Attorney Mayor Genis, and carried 5-0, the City Attorney was Directed to directed to prepare ordinances with options of enforce - Prepare Ordinance ment for the September 16, 1991, meeting. NEW BUSINESS The Deputy City Clerk presented the Golf Course Capital Golf Course Capi- Improvement Projects as recommended by the Golf Course tal Improvements Advisory Committee and Community Services Department. The City Manager presented the recommendations from the Golf Course Committee on proposed capital improvements for 1991-92 for the Costa Mesa Golf and Country Club as listed in the Agenda Report dated August 9, 1991. He clarified that the $2.00 fee per round of golf will generate $150,000.00 for the Golf Course Enterprise Fund for capital improvements. He briefly reviewed the prioritized list of improvements. Council Member Humphrey suggested that if Item 3 on the capital improvement list, Parking Lot Slurry Seal Coat, were implemented, work on any other asphalt around the Club House should be accomplished at the same time. Council Member Buffa commented on the benefits of having the Computerized Tee Time System. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested building a second level on the driving range. He was informed by the City Manager that there previously had been a second level, and it was a dismal failure. Motion to Approve A motion was made by Council Member Buffa, seconded by Capital Improvements Council Member Humphrey, to approve the capital improve- ments as specified in staff's Agenda Report dated August 9, 1991, with the stipulation that any improvement of $25,000.00 or more be approved by Council. SUBSTITUTE MOTION On motion by Council Member Humphrey, seconded by Capital Improvements Council Member Buffa, the capital improvements were Approved approved as specified in staff's Agenda Report dated August 9, 1991, with the provision that a final commit- ment on the Computerized Tee Time System be withheld until the golf course study is completed. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None NEW BUSINESS The Deputy City Clerk presented House Joint Resolution National Tree Bill No. 69, the National Tree Bill, establishing the Oak as the National Tree. MOTION/Mayor Autho- On motion by Council Member Humphrey, seconded by Vice rized to Sign Letter Mayor Genis, and carried 4-1, Council Member Buffa Supporting Legisla- voting no, the Mayor was authorized to sign the letter tion supporting the legislation. NEW BUSINESS The Deputy City Clerk presented the request to appoint Cable TV Committee one member to the Cable Television Committee. Appointment Mayor Hornbuckle questioned there being an even number of 12 members on the Committee. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the Committee function. Mayor Hornbuckle responded that it made recommendations on cable television fund grants for public access programs on the cable channels. MOTION/Cable Com- On motion by Council Member Buffa, seconded by Council mittee Reduced to Member Erickson, and carried 5-0, the number of members Eleven, Albert Simone on the Cable Television Committee was reduced to 11, and Appointed Alternate Mr. Albert Simone was appointed as an alternate member. NEW BUSINESS The Deputy City Clerk presented the request to appoint Fairview Park one member to the Fairview Park Committee. Committee Appoint- ment The City Manager stated this committee is authorized to have 11 members and has been operating with 9 members. e Council Member Buffa stated that Council spends an inordinate amount of time filling vacancies on commit- tees, and suggested that after Council appoints alter- nates, the committee pick the alternate to fill the vacancy. Mayor Hornbuckle requested that the City Manager review this Council Policy for ways to facili- tate appointments; and also to check the expiration of terms for members on the Fairview Park Committee. MOTION On motion by Mayor Hornbuckle, seconded by Council Continued to Member Buffa, and carried 5-0, this item was continued September 3, 1991 to the meeting of September 3, 1991. NEW BUSINESS The Deputy City Clerk presented the request for Ballet Folklorico $6,000.00 in matching funds to sponsor a performance of the Ballet Folklorico at Orange Coast College. The City Manager stated that if Council is desirous of funding this program, it would be appropriate for funds to be taken from either the City Council Contingency Fund or the Advertising and Promotional Account. Vanessa Leon, resident of Costa Mesa, no address given, gave her presentation in Spanish, and she thanked the Council for this opportunity for the Ballet Folklorico to perform in Costa Mesa. William Holiday, Costa Mesa, spoke about the 25 -city tour of the Ballet Folklorico, from Costa Mesa to the Kennedy Center in Washington D.C., that will also kick off the 500th anniversary year of Christopher Columbus reaching the Americas. He gave a brief history of the Ballet's coming to Costa Mesa, the plans that are being made, and the funding, and discussion ensued regarding the proposed performance location, times, expenses, and so forth. Laura Collier, 675 Congress Street, Costa Mesa, Chairman of the Human Relations Committee, spoke in support of funding for the Ballet Folklorico. She stated that the recent Living Room Dialogues were a great success and the ballet would reinforce this effort. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the number of people that would be able to attend the per- formance. Mayor Hornbuckle stated the auditorium at Orange Coast College held 1,200 people. Motion Made to A motion was made by Mayor Hornbuckle, seconded by Grant $6,000.00 in Council Member Humphrey, to grant the request for Matching Funds $6,000.00 in matching funds to be disbursed to help to sponsor a performance of the Ballet Folklorico at Orange Coast College on Monday, September 23, 1991, with the stipulations that if it is not possible to bring the ballet here, these funds will not be expended, the funds shall be taken from the Advertising and Promo- tional account, and the money to go to match the perfor- mance expenses as opposed to other expenses. SUBSTITUTE MOTION A motion was made by Council Member Buffa, seconded by $3,000.00 Granted Council Member Erickson, to grant $3,000.00, not on a matching fund basis, to be spent on the rental of the Robert B. Moore theater, theater technicians, and the charge from Ballet Folklorico, to be taken from the Advertising and Promotion account. The motion carried by the following roll call vote: AYES: Genis, Buffa, Erickson NOES: Hornbuckle, Humphrey ABSENT: None 1, Council Member Buffa stated that this motion offers a higher degree of security because if the performance should not occur, no expenses will be incurred. Mayor Hornbuckle stated she opposed the motion because conditions are not normally placed on cultural arts or promotional grants. RECESS The Mayor declared a recess at 9:25 p.m., and the meet- ing reconvened at 9:35 p.m. NEW BUSINESS The Deputy City Clerk presented a request for a 90 -day Leave of Absence extension of the Leave of Absence for Tony Paul, to Extension October 26, 1991. MOTION On motion by Council Member Buffa, seconded by Council Extension Approved Member Erickson, and carried 5-0, the extension was approved. Vice Mayor Genis suggested that leaves of absence be handled privately, and the City Manager stated that the City Attorney has determined they may be addressed in closed session. Council Member Council Member Buffa left at 9:40 p.m., stating he would Buffa Left abstain from voting on the next item and would return upon its completion. NEW BUSINESS The Deputy City Clerk presented the Transportation Traffic Signal Commission's recommendations concerning the Citywide Coordination Study Traffic Signal Coordination Study. The Public Services Director reviewed staff's Agenda Report dated July 24, 1991, and he introduced Peter Naghavi, Transportation Services Manager, who presented overhead illustrations summarizing the history of this study. He reported on relevant traffic information, and he stated that a video is available for viewing. Sid Soffer, 900 Arbor Street, Costa Mesa, stated he has kept records on the signal coordination, and he expressed serious doubts about this study. Jim Jones, 2004 Calvert Avenue, Costa Mesa, complimented Council for doing another study of traffic flow. He stated that the report is based on grid analysis which is not an accurate measure. He also stated that traffic lights are not being maintained. Council Member Erickson expressed disappointment in the quality of the traffic study since it was. a computer analysis and not accomplished in the field. MOTION A motion was made by Council Member Erickson, seconded Recommendations by Council Member Humphrey, and carried 4-0, Council Accepted Member Buffa absent, supporting the Transportation Commission's recommendations to accept the findings of Stages I and II and delete Stage III. Council Member Buffa Returned Council Member Buffa returned at 10:05 p.m. NEW BUSINESS The Deputy City Clerk presented a resolution to admit Independent Cities the City of Fullerton to the Independent Cities Risk Risk Management Management Authority ("ICRMA"). Authority The City Attorney summarized his Report No. 91-48 dated August 1, 1991. He stated that Karen Adams, the City's new Risk Manager, will be attending the ICRMA meetings. I .� Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the Council Member Buffa pointed out that the striping in the parking lot at 2845 Mesa Verde Drive East has an uneven distribution of full and compact parking spaces, noting that this setup could potentially block emergency vehicles. Frank Cole, 2482 Fairview Way, Costa Mesa, presented a visual of the subject parking lot which illustrated the problems: (1) access to the back of the Piecemaker building and the retail store; and (2) most of the compact spaces are located within the two areas that are not directly related to the office building. Sid Soffer, 900 Arbor Street, Costa Mesa, made a brief comment on this item. The Principal Planner suggested an alternate plan which would allow for a parking area for loading or possibly handicap access. MOTION On motion by Council Member Buffa, seconded by Council Revised Parking Plan Member Humphrey, and carried 5-0, staff was directed to To Be Submitted contact the applicant, or the party responsible for restriping the parking lot, to review the existing parking plan and to negotiate and submit to the Council a revised parking plan for approval. CITY ATTORNEY The City Attorney had requested a closed session REPORT pursuant to Government Code Section 54956.9(a) to discuss Morris v. Hertica; however he stated that Morris V. Hertica Council could take the vote in public. MOTION On motion by Council Member Humphrey, seconded by Settlement Approved Council Member Buffa, the settlement was approved per the recommendation in the City Attorney's confidential memorandum dated August 9, 1991. the purpose of the ICRMA, and that was explained by the City Attorney. MOTION On motion by Council Member Buffa, seconded by Council Resolution 91-74 Member Erickson, Resolution 91-74, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROVIDING FOR ADMITTANCE OF THE CITY OF FULLERTON TO MEMBERSHIP IN THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None NEW BUSINESS The Deputy City Clerk presented the appeal of a "Notice Appeal of "Notice and Order" issued to Helen Crampton for repair or demo - and Order" Issued lition of a hazardous masonry wall located at 308 Flower to Crampton Street. A communication was received from Herman Thordsen, Esq., 6 Hutton Centre Drive, Suite 1040, Santa Ana, attorney for Ms. Crampton, indicating that staff suggested that this item be continued for a further report. MOTION On motion by Council Member Buffa, seconded by Council Continued to Member Erickson, and carried 5-0, the appeal was Spptember-3, 1991 ,continued to the meeting of September 3, 1991. NEW BUSINESS The Deputy City Clerk presented a request from Council Health Clinic Member Buffa for consideration of the parking plan for Parking Plan the Orange County Health Clinic, 2850 Mesa Verde Drive East. Council Member Buffa pointed out that the striping in the parking lot at 2845 Mesa Verde Drive East has an uneven distribution of full and compact parking spaces, noting that this setup could potentially block emergency vehicles. Frank Cole, 2482 Fairview Way, Costa Mesa, presented a visual of the subject parking lot which illustrated the problems: (1) access to the back of the Piecemaker building and the retail store; and (2) most of the compact spaces are located within the two areas that are not directly related to the office building. Sid Soffer, 900 Arbor Street, Costa Mesa, made a brief comment on this item. The Principal Planner suggested an alternate plan which would allow for a parking area for loading or possibly handicap access. MOTION On motion by Council Member Buffa, seconded by Council Revised Parking Plan Member Humphrey, and carried 5-0, staff was directed to To Be Submitted contact the applicant, or the party responsible for restriping the parking lot, to review the existing parking plan and to negotiate and submit to the Council a revised parking plan for approval. CITY ATTORNEY The City Attorney had requested a closed session REPORT pursuant to Government Code Section 54956.9(a) to discuss Morris v. Hertica; however he stated that Morris V. Hertica Council could take the vote in public. MOTION On motion by Council Member Humphrey, seconded by Settlement Approved Council Member Buffa, the settlement was approved per the recommendation in the City Attorney's confidential memorandum dated August 9, 1991. COUNCIL MEMBER Council Member Erickson reported that on Thursday, COMMENTS August 15, 1991, he attended the Federal Aviation Agency hearing with Congressman Cox at Corona del Mar F.A.A. Hearing High School regarding the proposed change in takeoff procedures. He was informed there was an airport work- ing group, and he suggested that staff keep in touch with this group. Restaurant Alcohol Vice Mayor Genis suggested that when the Planning Service Commission approves restaurants that they note whether alcohol will or will not -be served. She requested Gridlock Ordinance information from staff on the enforcement of the new gridlock ordinance. She also asked about the Market Market Place Parking Place requesting bids for a paid parking arrangement, and she suggested addressing this in the current liti- gation. The Mayor requested the City Manager to include answers to the questions raised by the Vice Mayor in his report requested on August 19, 1991. The City Manager stated staff will also prepare a report on enforcement of the gridlock ordinance. ADJOURNMENT The Mayor declared the meeting adjourned at 10:30 p.m. /i � ,`ahs/L/ • • I - City of • ATTEST: City Clerk of the City of Costa M a J