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HomeMy WebLinkAbout06/16/1992 - Adjourned City Council Meetingi ADJOURNED REGULAR MEETING .OF THE CITY COUNCIL . CITY OF COSTA MESA JUNE 16, 1992 The City Council of the City of Costa Mesa met in adjourned regular session June `16, 1992, at 6:50 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 June 15, 1992, for the purpose of completing the items on that agenda. Copies of the Notice of Adjournment were posted as required by law. The meeting was called to order by the Mayor. ROLL CALL Council Members Present: Council Members Absent: Officials Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Jay Humphrey Council Member Joe Erickson Council Member Peter Buffa City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Community Services Director Keith Van Holt Communications Director Vince Whelan City Clerk Eileen Phinney NEW BUSINESS The Mayor presented from the meeting of June 15, 1992, Operation Costa Mesa Golf of the Costa Mesa Public Golf Course and Country Club. Ann and Country Club Gyben, Assistant to the City Manager, pointed out that Items 2 through 7, Special Provisions, as well as the Term of Lease and Green Fees, Pages 4 and 5 of the Agenda Report dated June 8, 1992, were the items to be resolved. MOTION On motion by Vice Mayor Genis, seconded by Council Member Starting Intervals Humphrey, and carried 4-0, golf starting time intervals of no less Approved than seven minutes, was approved. MOTION/Restricted A motion was made by Council Member Humphrey, seconded by Number of Players Vice Mayor Genis, to restrict the number of players to foursomes on weekends, with fivesomes allowed on weekdays. Joe Costello, 9657 Dove Circle, Fountain Valley, stated that fivesomes were not recognized under the rules of golf, they slowed play, revenue would be increased by 25 percent, but many people will not play courses that allow fivesomes. He suggested that fivesomes be allowed at the discretion of the foursome that is about to tee off. AMENDED Council Member Humphrey amended his motion to allow foursomes MOTION on weekends, and fivesomes allowed at other times at the discretion Amended Number of of other players. The amended motion was seconded by Vice Mayor Players Genis, and carried 4-0. _ MOTION On motion by Council Member Erickson, seconded by Vice Mayor Tournament Policy ! Genis, and carried 4-0, the policy on Tournaments was approved as Approved it appears in. ' Item 4, Page 4, of the Agenda Report. Council Member Erickson clarified that his intent was to maintain the traditional tournaments and also encourage the operator to work with the Men's Club and other groups to provide an optimum number of tournaments that they would need. Vice Mayor Genis expressed concern about scheduling too many tournaments, which would be to the detriment of the average Costa Mesa golfer. The Community Services Director stated that current tournament policy is to allow one tournament on. Mesa Linda on a weekend, no other weekend tournaments except for the Men's Club once -a -month tournament; and the three City -sponsored tournaments listed in Item 4. The Community Services Director explained the discount policy, stating that monthly passes are available to senior citizens for $50.00 per month, allowing them to play any weekday during the month. MOTION On motion by Mayor Hornbuckle, seconded by Council Member Discounts Approved Erickson, and carried:4-0, discounts to resident seniors and juniors, those primarily involved in the golf programs, leaving the monthly pass program open to negotiation, was approved. Scott Henderson, representing Mesa Verde Partners, 853 Oakglade Drive, Monrovia, suggested continuing offering complimentary play to retired City employees with 20 years of service, to various key individuals upon the discretion of the City Manager, and to school teams; with the Men's and Women's Club complimentary play eliminated, but negotiable. MOTION ; A motion was made by Council Member Humphrey, seconded by Complimentary Vice Mayor Genis, to adopt the Mesa Verde Partner's Rounds Approved ! complimentary rounds policy as the basis for the City's policy with the proviso that the City shall retain a to -be -negotiated amount of complimentary rounds per year that may be distributed at the discretion of the someone not yet determined. The motion carried 4-0. Vice Mayor Genis suggested that since the Orange Coast College Team uses the golf course, this might be an incentive for them to provide a joint use of facilities to the City. The Mayor asked the Assistant to the City Manager to include a review of this particular policy as a part of the negotiations, to determine whether or not the policy is working and whether it is excessive. Mr. Henderson stated. that their proposal indicates that starting times can be made by individuals no more than seven days in advance, Monday through Friday, and reservations for two or more players or clubs will not be given a priority. Peter Grousert, 2238 .Continental Avenue, Costa Mesa, stated that the Men's Club was at the golf course every weekend. Joe Costello, 9657 Dove Circle, Fountain Valley, reported that he was the director of the Costa Mesa City Golf Championship for the past 20 years, and it could not be run without the Men's and j Women's Clubs. He felt they deserved certain privileges. MOTION/Preferred On motion by Mayor Hornbuckle, seconded by Council Member Starting Times to be Erickson, and carried ;4-0, the preferred starting times for members Negotiated ;of the golf clubs was made a negotiable point and Mesa Verde Partners was asked to structure a policy for further discussion. 1 MOTION On motion by Vice Mayor Genis, seconded by Council Member Fifteen -year Lease Erickson, and carried .4-0,,.staff was directed to negotiate a 15 -year Approved lease with Mesa Verde Partners, with two five-year options for renewal. The City Attorney referred to the green fees and stated that the agreement form prepared for . the Request for Proposal contained language: which would permit the Council to have some kind of approval, allowing the . operator to decide on a reasonable and comparable fee,, and ' then presenting it to the City Manager or superintendent, with the right of appeal to the Council. MOTION On motion by Council Member Erickson, seconded by Vice Mayor Green Fee Review Genis, and carried 4-0, a green fee review policy, similar to that Policy Approved described by the City Attorney, was approved. Vice Mayor spoke .on the complimentary rounds, noting that the City needs to cut back .on the potential for someone to play complimentary rounds 360 days a year; and she requested that the matter of preferential treatment for Costa Mesa residents be addressed. Joe Costello clarified for the Vice Mayor that the Board of Directors of the Men's and Ladies Clubs are permitted to play two complimentary rounds per week, and they seldom use the two rounds. He stated that he receives two free rounds a week for running the City championship. He commented that the largest user of complimentary rounds is Harry S. Green, Incorporated, and staff has cut the number of rounds which they are entitled to play. Bob Wilson, 3435 Plumeria Place, Costa Mesa, commended the Council's decisions on the General Plan and on choosing Mesa Verde Partners to run the golf course. NEW BUSINESS The City Clerk presented an ordinance amending Section 12-53 of Public Park the Costa Mesa Municipal Code relating to permits for the use of Permits public parks. The Community Services Director summarized the Agenda Report dated June 4, 1992. Vice Mayor Genis stated she would not condone commercial activities in the parks. The City Attorney reported that business activities were not currently allowed in the parks, and the issue is defining a "business" and a "club". A discussion ensued regarding the "Photo Days" event previously held at TeWinkle Park. Yolanda Davila, Post Office Box 28671, Santa Ana, read a petition signed by. 600 citizens, opposing events such as Photo Days which "are not consistent with customary and traditional uses of public parks." She gave Council copies of photographs she had taken at this event, and discussed the interviews she had with the people in the pictures. She relayed several. unpleasant experiences that had occurred during Photo Days and elaborated on her objections regarding the morality of this event and its effect on children. After extensive discussion with the City Attorney regarding the adult entertainment ordinance, Vice Mayor Genis stated that the Mesa del Mar Homeowner's Association people could not be in attendance this evening, but had expressed a desire to maintain the park for family type uses. i MOTION Ordinance 92-12 Given First Reading Vice Mayor Genis expressed a concern that the Photo Day met the description of adult entertainment as provided under the Municipal Code, and she would like the ordinance to cross-reference the adult entertainment code that would state no activities defined under that section shall be permitted in the park. Pam Ellis, 773 Weelo Drive, Costa Mesa, a public school official, stated she would like to further define and clarify the ordinance by adding the following: (1) a section regarding public safety and welfare; and (2) an intent to provide public facilities that offer a safe environment that fosters positive ethical and social interaction. The City Attorney suggested making these additions to Page 3 of the ordinance, subparagraph 2, which would read, The proposed use will have a significant adverse impact on or present an eminent threat of damage or injury to the facility or the public health, safety, and welfare". And at the end of subsection (a) on'Page 2, he suggested adding, "a permit fee may be charged to process a permit as set by resolution of City Council". Greg Kruly, 2632 Fairway Drive, Costa Mesa, stated that the City of Palm Springs outlawed certain types of swimwear, and he asked if Costa Mesa could be more specific in the code. The City Attorney responded that anything was possible as long as a rational basis for it is established. Patricia Kruly, 2632 Fairway Drive, Costa Mesa, stated she attended Photo Days and the atmosphere was offensive, she was pushed, cursed at, and generally treated rudely. John Moorlach, 3169 Madeira Avenue, Costa Mesa, asked several questions pertaining to the ordinance and the backup report. He referred to Page 3 of the ordinance, Item (b) 3, and asked if by allowing the South Coast Symphony to have an event at Fairview Park, a conflict of interest was created. The City Attorney replied that the City Council has the right to issue leases for the use of the parks as long as it brings a public benefit. Robin Duff, 2236 Meyer Place, Costa Mesa, objected to Photo Days as it has a corrupting influence on youth, and urged that a stronger ordinance be adopted. Wendy Leiss, 1107 Valley Circle, Costa Mesa, also spoke on behalf of the 600 people who had signed the petition, stating that during the Photo Day event, she was intimidated because she could not use the park freely. She stated that this was not just a one-time occurrence but a quarterly event,. and pointed out that not one of the people that participated in that event were represented at the Council meeting. In response to a request for additional information from Council Member Humphrey, ,Mayor Hornbuckle suggested that wording be added to the departmental policy which would require review by the special events committee when the anticipated participation reaches "X" number of persons. On motion by Vice Mayor Genis, seconded by Council Member Humphrey, Ordinance 92-12, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 12-53 OF THE COSTA MESA MUNICIPAL CODE RELATING TO PERMITS FOR THE USE OF PUBLIC PARKS, was given first reading and passed to second reading; adding, "WHEREAS, it is the desire of the City to provide LJ facilities for positive social interaction and for the enjoyment of groups and individuals of all ages in a safe and healthy environment."; adding to Page 2,'Section 12-53, Paragraph (a), line 7, "where such use will exclude or interfere with use by other members of the public from such area"; adding at the end of the same paragraph, "A permit fee may be charged to offset costs. Such fees shall be established by resolution of the City Council"; adding to Page 3, Section 12-53, Paragraph (b), Number 2, "or to the public health, safety, and welfare".. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES:: None ABSENT: Buffa The City Manager clarified that the department policy typically would be presented. at second reading which will be on the July 6, 1992, agenda. NEW BUSINESS The City Clerk presented the City's Revised Multihazard Functional Revised Multihazard Emergency Plan and Resolution. The Communications Director FunctionalEmergency stated that this resolution did not financially impact the City, and it Plan contains nothing controversial. He stated the approved plan would be available in the City Clerk's office, the public libraries, and the Communications Department. The City Manager commended the Communications Director on the job done on this plan. MOTION On motion by Council Member Humphrey, seconded by Vice Mayor Plan Approved; Genis, the plan was approved, and Resolution 92-68, A Resolution 92-68 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Adopted COSTA MESA, CALIFORNIA, ADOPTING THE CITY OF COSTA MESA` EMERGENCY PLAN AS REQUIRED BY THE CALIFORNIA EMERGENCY SERVICES ACT, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa NEW BUSINESS The City Clerk presented the Chamber of Commerce request for Great Race Car street closures for the Great Race Car Rally. The City Manager Rally outlined the request from the Chamber of Commerce as reported in the Agenda Report dated June 10, 1992. Lee Heinz, Executive Director, Costa Mesa Chamber of Commerce, stated the street closures listed on Page 5 and 8 of the Agenda Report had been cancelled, and identified the balance of the major requested closures as listed in the. report. He responded to questions regarding the specifics of the race. MOTION On (motion by Council Member. Humphrey, seconded by Vice Mayor Street Closures Genis, and carried 4-0, the street closures were approved per the Approved Agenda Report of June 10, 1992, excepting those on Pages 5 and 8. CITY ATTORNEY The City Attorney requested a closed session pursuant to REPORT Government Code Sections 54956.9(a) and 54956.9(b) to discuss the Request for Closed following lawsuits: Goat Hill Tavern v. City of Costa Mesa,, Session: Goat Hill, Appeals Court Case No. G011143; Harris v. City of Costa Mesa, Harris, and 170, Orange County Superior Court Case No. 66-88-75; and litigation 170-1/2 Del Mar regarding 170, 170-1/2 Del Mar. Mayor Hornbuckle announced that closed session would be held after close of regular business. COUNCIL Council Member Erickson spoke on the cooperative study with the COMMENTS County of Orange, Fountain Valley, Huntington Beach, and Newport Beach, and said this,is the fourth week in a row the County Board Application to of Supervisors is delaying the application for deletion of the 19th Delete Bridge Street bridge from the Master Plan of Highways. He proposed that from Master Plan a letter be drafted for the Mayor's signature that would request the of Highways deletion of the bridge and the widening of the street from the Master Plan of Highways due to the fact that the County will not initiate the study. Transportation Council Member Erickson stated that Councilwoman Evelyn Hart Study Session ; requested a study session to discuss transportation issues. Also, he understood that the draft Environmental Impact Report for the Irvine East 19th Street Company properties in Newport Beach is being circulated, and there is a hearing on Thursday evening. He noted that the Transportation Alternative Study Committee is writing a letter on the committee's behalf on the impact of the Castaways development on East 19th Street and other East Side streets. Senior Center Council Member Humphrey stated that Saturday morning, June 20, 1992, the Costa Mesa Senior Center will be dedicated and opened, and he invited all citizens to attend. Mayor Hornbuckle added that there is no charge for senior citizens to use the facility and no requirement for membership. Nonconforming Uses ! Vice Mayor Genis ; stated that in the priorities for Planning Commission actions and studies, and one item that was not awarded a high priority was' revision of the nonconforming uses. She suggested that this priority be reexamined. The City Attorney stated his office was currently researching the nonconforming use Costa Mesa Civic ordinance. She suggested that the City audit the budget as proposed Playhouse for the Costa Mesa Civic Playhouse because based on the Council policy adopted on June 17, 1991, and the agreement'that was signed by the various parties, the amount in the Program Budget for the playhouse should be dropping instead of increasing. The Mayor j requested an analysis of whether or not the Memorandum of Understanding had been adhered to. Planning and Trans- The Vice Mayor questioned asking citizens to contact their State portation Commission legislators when the City continues to pay the highest Planning and Salaries Transportation Commission salaries which are 25 percent higher than any others in Orange County. Council Member Erickson thought Council should stop comparing salaries, benefits, and costs to other cities. Mayor Hornbuckle stated she wanted the citizens of Costa Mesa to be aware of how much has already been cut from the City's budget, and additional cuts will be required within the next few weeks. The Mayor stated that the City is required by State law to present a balanced budget. ADJOURNMENT TO At 9:25 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor Conference Room to discuss the three items previously referenced by the City Attorney. MEETING The Mayor reconvened the regular meeting at 9:55 p.m., and an RECONVENED announcement was made of the action taken during closed session. MOTION/Unlawful Regarding properties at 170, 170-1/2 Del Mar, Council voted 4-0, Retainer Approved ; to authorize the' City Attorney to commence unlawful retainer 170, 170-1/2 Del Mar actions. L 1 ti `67 MOTION Regarding the judgement,in Harris v. City of Costa Mesa, Orange Approved Appeal/ County Superior Court Case No.. 66-88-75, Council voted 4-0, to Harris Lawsuit authorize the City Attorney to file Notice of Appeal. MOTION/Petition to Regarding appeal of decision in Goat Hill Tavern v. City of Costa Decertify Approved, Mesa, Appeals CourtCase No. G011143, Council voted 4-0, Goat Hill Tavern v. authorizing the, City Attorney .to file a petition to decertify City of Costa Mesa publication of the court's opinion. ADJOURNMENT The Mayor declared the meeting adjourned at 10:00 p.m. ATTEST: City Clerk of the City of Costa fsa w7i Wo F14 RA- - 4)