HomeMy WebLinkAbout07/06/1992 - City CouncilROLL CALL
MINUTES: June 1,
15, and 16, 1992
ORDINANCES
ANNOUNCEMENT
ORAL COMMUNI-
CATIONS
Great American Race
Transient Population
REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
JULY 6, 1992
The City Council of the City of Costa Mesa, California, met in
regular session July 6, 1992, 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 Chip Johnson, Newport Mesa
Christian Church.
! Council Members Present:
i
Council Members Absent:
Officials Present:
'On motion by Council
Member Erickson, and
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
City Clerk Eileen Phinney
Member Humphrey, seconded by Council
carried 44; . the minutes of the regular
meetings of June 1 and 15, 19.92; and the minutes of the adjourned
regular meeting of June 16, 1992, were approved.
A motion was made by Vice Mayor Genis, seconded by Council
j Member Humphrey, and carried 4-0, to read all ordinances by title
only.
i
Mayor Hornbuckle announced that Old Business No. 3, Lease
Agreement with Someone Cares Soup Kitchen for use of Rea
Community Center, has been revised. The request is only for use
! of the kitchen and a small office; no food will be served.
Lee Heinz, Executive Director, Costa Mesa Chamber of Commerce,
thanked Council and staff for their assistance with the Great
American Race. The Vice Mayor displayed a Great American Race
medallion which was presented to her for representing the City. She
asked the City. Manager to place it in the trophy case in the lobby of
City Hall.
Patricia Schuda, 2895 Palau Place, Costa Mesa, commented on an
article in the Daily Pilot Newspaper which refers to Costa Mesa as
a mecca for the homeless; and another article in the same newspaper
reporting that a transient has been linked to a recent stabbing death.
She wanted transients -removed from the neighborhoods, and
commented that any thought of allowing the Soup Kitchen to use Rea
Community Center boggles the mind. Mrs. Schuda stated that any
! Council Member, past members included, who voted for the massive
give-away programs in this City, have created an environment of
welcome to the transient population, and they must share in the
responsibility for the chaos which has resulted.
Fireworks Ban Leona Malcolm, 426 Cabrillo Street, Costa Mesa, urged Council to
ban the sale and .use of fireworks, and if Council did not wish to do
so, recommended placing the fireworks issue on the ballot for voters
to decide. She reported that fireworks were responsible for the fire
at her home during the recent July 4 weekend.
Margaret Hodges, 420 Cabrillo Street, Costa Mesa, also spoke
against allowing the sale and use of fireworks, and suggested having
the voters decide on the fireworks issue. The City Manager
announced that Council will be receiving a report from the Fire
Marshal on fireworks incidents.
Transportation Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, Chairman of the
Study Group Transportation Alternatives Study Group, gave an informal update
on the committee's activities for the past five months. He reported
that the Orange County Board of Supervisors has agreed to do a
study (on possibl&&`alternatives to adding bridges across the Santa
Ana River and widening East 19th Street). He thanked Council for
their participation in the committee meetings, and reported that they
will be meeting with homeowners groups in Newport Beach and
Huntington Beach in an attempt to obtain input on these important
transportation issues from citizens in the entire area.
19th Street Widening Diann Osterlund, 329 East 19th Street, Costa Mesa, read a letter
and 19th Street signed by mostly Costa Mesa residents, with some signatures of
Bridge residents from neighboring cities, in opposition to any plans to
widen Dover Drive and 19th Street, or to construct the 19th Street
bridge.
Police Protection John Feeney, 1154 Dorset Lane, Costa Mesa, was concerned about
the possibility of reducing funds for police protection in light of the
increase in crime. He commented that funding for the arts and
special events have not been removed from the budget as yet.
Mayor Hornbuckle asked about a proposed presentation by the
Police Department. The City Manager stated that the presentation
could be made at any meeting so designated by Council. The Mayor
suggested having it at the meeting of July 20, 1992, if the agenda is
not too full.
Amplified Music in Jeanne Brown, 951 Presidio Drive, Costa Mesa, spoke about an
City Parks incident at TeWinkle Park when 250 picnickers had amplified music
which was extremely annoying to the nearby residents. She reported
that the police responded to her call and told her there was no Code
violation; however, it was her understanding that the City did not
allow amplified music in its parks. The City Manager commented
that staff has not allowed amplified music in the parks even though
it is not spelled out in the Municipal Code. He stated that it may be
necessary to adopt an ordinance but enforcement may be difficult.
Harris v. City of Barbara Beck Jencks, 443 Flower Street, Costa Mesa, referred to the
Costa Mesa Harris v. City of Costa Mesa lawsuit, stating her opposition to
construction of an accessory apartment. at 439 Flower Street. Mrs.
Jencks asked if new plans were submitted by Mr. Harris, and if so,
will they be considered at new public hearings. The City Attorney
responded that this issue would be discussed during closed session.
Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that the City
could control loud music at the parks by utilizing that section of the
Penal Code regarding "disturbing of the peace". Mr. Soffer again
brought up the issue of permits for the police substation on the west
side, contending that it does conform to State Code.
I
CONSENT i The following items ' were removed from the Consent Calendar:
CALENDAR Item 5, Warrant Resolution 1523; Item 6, Agreement with Paul
Miller; Item 9, Five transportation improvement projects/Intermodal
Surface Transportation Efficiency Act of 1991; and Item 11,
Purchase of a used three -axle dump truck.
On motion by Council Member Humphrey, seconded by Council
Member Erickson, the remaining Consent Calendar items were
approved in one motion by the following roll call vote:
AYES: Hornbuckle, Genis,
Humphrey, Erickson
NOES: None
j ABSENT: Buffa
WRITTEN
COMMUNICATION A communication was received from Duvall Hecht, Books on Tape,
MOTION/Parking 1729 Farad Street, Costa Mesa, requesting that overnight parking be
Prohibition on Farad prohibited on Farad Street and Ohms Way. On motion by Council
and Ohms Referred Member Humphrey, seconded by Council Member Erickson, and
to Transportation carried 4-0, the request was referred to the Transportation
Commission ! Commission.
READING FOLDER On motion by Council Member Humphrey, seconded by Council
Member Erickson, and carried 4-0, the following Reading Folder
items were received and processed:
Claims Claims received by the City Clerk: Frank Fonseca; Donna
Hollister; Alan L. Johnson; John Keefe; Jeanne Martin; and H. C.
Van Ausdeln and Ann Van Ausdeln.
Alcoholic Beverage Alcoholic Beverage License for which parking has been approved
License by the Planning staff: Davinder Kaur, Kulwant Singh, and Pargat
Singh, doing business as Mother India Restaurant, 688 Baker
Street, Suite 8.
BUSINESS PERMIT 1 Notice of Intention to, Appeal or Solicit for Charitable Purpose was
California Academic received from California Academic Decathlon, 3420 Bristol Street,
Decathlon Suite 400, Costa Mesa, by soliciting funds from July 7, 1992, to
January 7, 1993. On motion by Council Member Humphrey,
MOTION i seconded by Council Member Erickson, and carried 4-0, the permit
Permit Approved was approved with application of Municipal Code Section 9-127(d),
with the stipulation that:. proper financial statements must be
submitted prior to any subsequent permits being issued.
SET FOR PUBLIC On motion by Council Member Humphrey, seconded by Council
HEARING Member Erickson, and carried 4-0, the following item was set for
I public hearing on July 20, 1992, at 6:30 p.m., in the Council
Landscape Standards Chambers of City Hall: An ordinance amending Title 13 of the
Costa Mesa Municipal Code, Article 18, Landscape Standards and
MOTION Requirements, pertaining to water conservation and drought tolerant
Hearing Set for i landscaping in conjunction with. Assembly Bill 325. Environmental
July 20, 1992 Determination: Exempt.
ADMINISTRATIVE The Police Chief recommended approval of an agreement with
ACTIONS Southern California Health Services, 320 West 19th Street, Santa
Ana, for $15,200.00,- to coordinate the physical fitness program in
Agreement/Southern i the Police Department. On motion by Council Member Humphrey,
California,Health seconded by Council Member Erickson, the agreement was
approved, and the Mayor and City Clerk were authorized to sign on
MOTION j behalf of the City. The motion carried by the following roll call
Agreement Approved I vote:
1
1
AYES: Hornbuckle, Genis,
Humphrey, Erickson
NOES: None
ABSENT: Buffa
First -Time
The City Manager recommended approval of an agreement with the
Home Buyer
County of Orange for participation in the Southern California Home
Program
Financing Authority First -Time Home Buyer Program, and adoption
of a resolution authorizing participation in said program. A motion
MOTION
was made by Council Member Humphrey, seconded by Council
Agreement Approved;
Member Erickson, to approve. the agreement and authorize the
Resolution 92-69
Mayor and City Clerk to sign on behalf of the City; and to adopt
Adopted
Resolution 92-69, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A
HOME MORTGAGE FINANCING PROGRAM IN
COOPERATION WITH THE COUNTY OF ORANGE. The
General Municipal
motion carried by�:the following roll call vote:
Election on
AYES: Hornbuckle, Genis,
November 3, 1992
Humphrey, Erickson
NOES: None
MOTION
ABSENT: Buffa
Agreement with
The Police Chief recommended approval of an agreement with
Bayshore Animal
Bayshore Animal Hospital, 2077 Harbor Boulevard, Costa Mesa, for
Hospital
$44,400.00, to provide animal shelter services. On motion by
Council Member Humphrey, seconded by Council Member
Erickson, the agreement was approved, and the Mayor and City
MOTION
Clerk were authorized to sign on behalf of the City. The motion
Agreement Approved
carried by the following roll call vote:
AYES:. Hornbuckle, Gems,
Humphrey, Erickson
NOES: None
ABSENT: Buffa
MOTION On motion by Council Member Humphrey, seconded by Council
Leave of Absence Member Erickson, and carried 4-0, a request from James C. Barkley
Denied for an additional 90 -day Leave of Absence without pay was denied.
Release One-half'
The Community Services Director recommended releasing one-half
of Retention Funds to
of retention funds to Camco Construction Company, Incorporated,
Camco/Senior Center
Post Office Box 8857, Newport Beach, in connection with
construction of the Costa Mesa Senior Center. On motion by
MOTION
Council Member Humphrey, seconded by Council Member
Release Approved
Erickson, the recommendation was approved by the following roll
call vote:
AYES: Hornbuckle, Genis,
Humphrey, Erickson
NOES: None
ABSENT: Buffa
General Municipal
The following action was taken in regard to the General Municipal
Election on
Election to be held on November 3, 1992:
November 3, 1992
Resolution 92-70, A RESOLUTION OF THE CITY COUNCIL
MOTION
OF THE CITY OF COSTA MESA, CALIFORNIA, CALKING
Resolutions 92-70
AND GIVING NOTICE OF THE HOLDING OF A GENERAL
and 92-71 Adopted
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
TUESDAY, NOVEMBER 3, 1992, FOR THE ELECTION OF
CERTAIN OFFICERS OF SAID CITY, was adopted by the
following roll call vote:
X62
AYES: Hornbuckle, Genis,
Humphrey, Erickson
NOES: None
ABSENT: Buffa
Resolution 92-71, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY, OF COSTA MESA, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF ORANGE TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON
NOVEMBER 3, 1992, WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON SAID DATE PURSUANT TO
SECTION 23302 OF THE ELECTIONS CODE, was adopted by
the following roll call vote:
AYES: Hornbuckle, Genis,
Humphrey, Erickson
NOES: None
ABSENT: Buffa
I
Warrant 1523 ! Item 5 on the Consent Calendar was presented: Warrant Resolution
;1523, including Payroll 9213. The City Manager recommended
deleting Warrant No. 155004 from Warrant Resolution 1523, for
MOTION South Coast Metro Alliance, in the amount of $1,000.00, because of
Warrant 1523 !the absence of a signed contract specifying an exact amount. On
Approved as motion by Council :Member Humphrey, seconded by Council
Amended I Member Erickson, Warrant Resolution 1523 was approved with
deletion of the warrant for South Coast Metro Alliance. The motion
carried by the following roll callvote:
AYES: Hornbuckle, Genis,
Humphrey, Erickson
NOES: None
ABSENT: Buffa
Agreement with Paul Item 6 on the Consent Calendar was presented: Agreement with
Miller Paul Miller, 8222 Ridgefield Drive, Huntington Beach, to provide
housing rehabilitation consulting services for the Community
CDBG Neighborhood Development Block Grant (CDBG) Neighborhood Improvement
Improvement Program. The City Manager asked for clarification on proceeding
Program with this item in that during the 1992-93 Budget deliberations on
June 15, 1992, staff, was directed not to proceed with any new
consulting contracts because of Council's concerns with the financial
status of the City. He advised Council that staff is in the process of
preparing a summary, report on all consulting contracts utilized by
the City, the amount of the contracts, and the services being
provided. The City Manager commented that this program is funded
by CDBG funds, and if the contract were deleted, the program could
not be carried out because of insufficient staff. Council Member
Humphrey pointed out that a maximum cost for this program has not
been defined. The City Manager responded that based on past
history, an amount not to exceed $53,000.00 would be appropriate.
On motion by Council Member Humphrey, seconded by Council
MOTION i Member Erickson, the agreement was approved for a maximum of
Agreement Approved $53,000.00, and the City Manager was authorized to sign on behalf
of the City. The motion carried by the following roll call vote:
AYES: Hornbuckle, Genis,
Humphrey, Erickson
NOES: None
ABSENT: . Buffa
Transportation Item 9. on the Consent Calendar was presented: Transportation
Improvements improvements for the - Intermodal Surface Transportation Efficiency
(ISTEA) Act (ISTEA) of 1991: Wilson Street, two sections of Fairview
Road, Victoria Street, ' and Placentia Avenue. Mayor Hornbuckle
announced that she would abstain from voting on this item because
two of the projects are within 2,500 feet of her home. She felt it
would be appropriate for her to abstain based on a recent opinion
from the City Attorney. Vice Mayor Genis proceeded to chair the
meeting for discussion ,of the proposed improvements. The City
Manager's reason 'for removing these items from the Consent
Calendar was the same as for the previous item concerning
consulting contracts. He reported that these projects would be
Federally funded through the ISTEA program and would add over
$1 million to the City's transportation program.
Nancy Palme, ,1997 Kornat Drive, Costa Mesa, asked that the
rehabilitation of Placentia Avenue include realignment because of the
many accidents that have occurred on certain sections of that street.
John Feeney, 1154 Dorset Lane, Costa Mesa, asked for an
explanation of "rehabilitation".
The Public Services Director responded that there are restrictions
placed on these funds and they cannot be used for realignment. As
to "rehabilitation",' he explained that structural testing must be done
on each street per Federal requirement; therefore, costs for
upgrading are much higher.
Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the short time
frame being imposed in order to obtain the funds, and commented
that the Federal Government does not have the money to fund these
projects. Responding to Mr. Soffer's comment on time frame, the
Public Services Director reported that in order for contracts to be
awarded in a timely manner, CALTRANS (California Department
of Transportation) must have the City's plans by September 1, 1992.
MOTION A motion was made by Council Member Erickson, seconded by
Funding Source and Council Member Humphrey, to take the following action:
Design Agreements
Approved Approve funding source and an agreement with Boyle Engineering
Corporation, 1501 Quail Street, Newport Beach, for $66,138.00,
to design the rehabilitation of Wilson Street from Placentia Avenue
to Pacific Avenue, and authorize the Mayor and City Clerk to sign.
the agreement on behalf of the City.
Approve funding source and an agreement with Willdan
Associates, 222 South Harbor Boulevard, Anaheim, for
$69,500.00, to design the rehabilitation of Fairview Road from the
1-405 Freeway to Sunflower Avenue, and authorize the Mayor and
City Clerk to sign the agreement on behalf of the City.
Approve funding source and design of Victoria Street from Harbor
Boulevard to Newport Boulevard at a cost not to exceed
$70,000.00, and authorize the Public Services Director to
negotiate an agreement.
Approve design of Placentia Avenue rehabilitation from Adams
Avenue to Wilson Street at a cost not to exceed $157,000.00, and
authorize the Public Services Director to negotiate an agreement.
U3
Purchase of a Used
Three -axle Dump
Truck was Removed
from the Agenda
PUBLIC HEARING
Amending Title 13 to
Comply with General
Plan
Approve design of Fairview Road rehabilitation from Baker Street
to the I-405 Freeway at a cost not to exceed $55,000.00, and
authorize the Public Services Director to negotiate an agreement.
The motion carried by the following roll call vote:
AYES: Genis, Humphrey, Erickson
NOES: 'None
ABSENT: Buffa
ABSTAIN: Hornbuckle
I
Item 11 was removed from the Agenda by the City Manager because
the truck has been sold: Request to waive bidding requirements, and
request to purchase a' used three -axle dump truck from Carmenita
Truck Center, 13443 East Freeway Drive, Santa Fe Springs.
The City. Clerk announced that this was the time and place set for
the public hearing to consider an ordinance amending Title 13 of the
Costa Mesa Municipal Code to bring it into compliance with the
recently adopted 1990 General Plan. The Affidavit of Publication
is on file in the City Clerk's. office. No communications were
received.
The Deputy City Manager/Development Services reported that the
ordinance merely updates the zoning code to maintain consistency
with the 1990 General Plan. He noted that Pages 2A and 3A of the
Agenda Report dated June 25, 1992, contain the proposed Code
amendments.
Vice Mayor Genis referenced Page 14 of the proposed ordinance
which indicates that , the base density for the North Costa Mesa
residential area shall; be 25 dwelling units per acre for projects
meeting minimum development standards, and suggested adding
language relating to State -required density bonuses. Senior Planner
Alice Angus reported that in approximately September or October,
1991, Council adopted a density bonus ordinance which states that
a density bonus shall be granted only up to the point that it does not
exceed the General Plan density designation. She stated that in
accordance with that, ordinance, the density could not exceed 35
dwelling units per acre, including any bonus units, in the North
Costa Mesa zone; likewise, in an R3 zone, density could, not exceed
20 units per acre which corresponds with the land use designation of
High Density Residential. Additional discussion ensued regarding
the criteria required to obtain a density of 35 units per acre. The
Senior Planner stated that she could bring a copy of the minutes of
the meeting at which'the density bonus ordinance was discussed for
review at the next Council meeting on July 20, 1992. There being
no speakers, the Mayor closed the public hearing.
MOTION ! A motion was made by Vice Mayor Genis, seconded by Council
Ordinance 92-13 Member Erickson, to give first reading to Ordinance 92-13, AN
Given First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE
COSTA MESA MUNICIPAL CODE REGARDING RESI-
DENTIAL DENSITIES AND NONRESIDENTIAL INTENSITIES
AND TRIP BUDGETS, with the exception of further investigation
of the density bonus section, perhaps a review of the minutes;
change "may" to "shall" in the following sections: Page 8,
Ordinance Section 12,Municipal Code Section 13-187, Subsection
2; Page 9, Ordinance Section 13, Municipal Code Section 13-199,
Subsection 2; Page 10, Ordinance Section 14, Municipal Code
Section 13-210, Subsection 2; and Page 10, Ordinance Section 15,
Municipal Code Section. 13-230, Subsection 2; and on Page 16,
delete "(1) The. Planned development incorporates a relatively high
density of development and other design characteristics which reflect
an urban design concept". The 'motion carried by the following roll
call vote:
AYES: ` Hornbuckle, Genis,
Humphrey, Erickson
NOES: None
ABSENT: ' Buffa
OLD BUSINESS The City Clerk presented Ordinance 92-12 for second reading and
Permits for Use of adoption. The 'ordinance relates to permits for use of public parks.
Public Parks The City Attorney referred to a question asked by Vice Mayor Genis
regarding a recent court case about fees that could be charged to
defray the cost of the permit, and reported that after reviewing
Forsyth County v:, Nationalist Movement, it was his opinion that the
case does not impact this particular ordinance. Council Member
Humphrey commented that Section 12-53(a) states that an
organization with 10 or more members must obtain a permit; how-
ever, it does not take into . account that an organization may have
only 4 members but 200 people are invited. The City Attorney
recommended adding "or attendees" after the phrase "having ten
(10) or more members". Responding to the Vice Mayor's question,
the City Attorney stated that, the ordinance does not contain
restrictions relative to sections of the parks which may be used for
certain activities; however, permit restrictions could be added if
Council so desired. At the request; of Council Member Humphrey,
Section 2(b) was amended to read "The Director of Community
Services shall issue permits ... " : ("may refuse to" was deleted).
Nancy Palme, 1997 Kornat Drive, Costa Mesa, representing the
Mesa Verde Homeowners Association, asked if Costa Mesa residents
could be given priority for use of the parks. She also mentioned that
there is a problem with tour buses parking at Balearic Center. The
City Attorney responded that he would investigate the matter of the
tour buses. The City Manager reported that the Recreation Division
does give Costa Mesa residents priority reservations on a first come,
first served basis.
Yolanda Davila, no address given, claimed that statistics indicate a
500 percent increase in child rape; therefore, she was interested in
child safety at the parks. She felt that enforcement of park policy
was inadequate, and asked if this ordinance would prevent illegal
activities in City parks. Mayor Hornbuckle recommended that Ms.
Davila consult with the City, Manager and Community Services
Director and submit specific comments to them.
Wendy Leece, 1107 Valley Circle, Costa Mesa, was concerned with
the possibility of again allowing "photo days" at TeWinkle Park and
stated that if this activity is permitted, there should be close
monitoring by staff.
John Feeney, 1154 Dorset Lane, Costa Mesa, commented that he
had seen the photos taken at the park, and under those
circumstances, he would not take his grandchildren to that park. He
asked if the ordinance or policy resolves this situation, if permits
could be obtained for photo shoots, and if the police could do a
background check on those involved in these types of activities.
MOTION
A motion was made, by Council Member Erickson, seconded by
Ordinance 92-12
Council Member Humphrey, to give second reading and adopt
Adopted
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
j RELATING TO PERMITS FOR THE USE OF PUBLIC PARKS,
including the following amendments: in Section 12-53(a), third line,
change to "having ten (10) or more members or attendees"; in
j Section 12-53(b), first line, 'delete "may refuse to". Council
Member Erickson mentioned that Council wants a policy which will
reduce violence to women and children and the Community Services
Director has been made aware of that. Responding to a question
from Council Member Erickson on the appeal process, the City
Attorney reported that the ordinance provides for appeal by any
interested party or Council Member .within seven days of the
decision. Council Member Erickson requested that Council be
notified of permits issued for photo shoots or similar activities.
Mayor Hornbuckle suggested that the Community Services Director
be notified of Council's request. The motion to adopt the ordinance
carried by the following roll call vote:
! AYES: . Hornbuckle, Genis,
Humphrey, Erickson
NOES: None
ABSENT: Buffa
OLD BUSINESS
The City Clerk presented from the meeting of June 15, 1992, award
Asbestos Removal and
of contract for Asbestos Removal and Demolition at 651 Victoria
Demolition at 651
j Street, Project No. V-'92-01. The Public Services Director recom-
Victoria Street,
mended awarding the contract to the second lowest bidder because
Project V-92-01
of the low bidder's failure to comply with the project requirements.
He reported that the bid bond from the low bidder would be used to
make up the difference in cost.
MOTION i On motion by Council Member Erickson, seconded by Council
Awarded to Environ- j Member Humphrey, 'the contract was awarded to Environmental
mental Control 1 Control Systems, Incorporated, 29160 Goetz Road, Quail Valley, for
Systems $7,200.00. The motion carried by the following roll call vote:
AYES: Hornbuckle, Genis,
Humphrey, Erickson
NOES: None
ABSENT: Buffa
OLD BUSINESS The City Clerk presented from the meeting of June 15, 1992, a
Lease Agreement Lease Agreement with Someone Cares Soup Kitchen for use of the
with Someone Cares 1 kitchen and a small office at Rea Community Center at a rate of
Soup Kitchen $125.00 per month. The original request was for use of the Multi-
purpose Room and kitchen at $356.00 per month. Communications
in opposition to the lease were received from Costa Mesa
residents/property owners: Linda M. Cichowski, 648 Cove Street;
Philip P. Morello, owner of property at 2020 Wallace Avenue;
Linda and Michael Stobbe, owners of property at 2058 Wallace
Avenue; Bob Barnett, 2090 Meyer Place; Mr. and Mrs. Fred
Lindeman, Jr., owner, of property at 2073 Wallace Avenue; Richard
and Virginia Durkee, ' owners of property at 1925 Wallace Avenue;
and Henry Plascencia, 1950 Wallace Avenue.
The City Manager reported that since the last Council meeting, the
applicant is no longer requesting relocation of the entire program to
Rea Community Center since the Soup Kitchen will be using the
facilities at the Methodist Church on West 19th Street to serve food.
He stated that their only need is for use of the kitchen and small
office at Rea Community Center. In regard to the lease, the Mayor
stated, that it would be for a six-month period, July 7 through
December 31, 1992; "at which time annual review of all leases for
the Center will be reviewed.
MOTION On motion by Council Member Humphrey, seconded by Council
Lease Approved Member Erickson, the .amended lease for use of the kitchen and a
small office at a rate of $125.00 was approved by the following roll
call_ vote: -
AYES: Hornbuckle, ,Gens,
Humphrey, Erickson
NOES: None
ABSENT: Buffa
RECESS The .Mayor declared a. recess at 8:35 p.m., and reconvened the
meeting at 8:50 p.m.
OLD BUSINESS The City Clerk presented from the meeting of June 1, 1992, the
Parks, Recreation, and Open Space MasterPlan. The City Manager
Parks, Recreation, reported that at the last Council meeting, there were inquiries from
and Open Space the Parks, Recreational Facilities and Parkways Commission, as well
Master Plan as from the Planning Commission; - therefore, this matter was again
reviewed by both commissions for additional comments. He stated
that not all questions raised 30 days ago have been resolved, in fact,
more issues may have been raised.. The City Manager referred to
two recommendations contained in staff s Agenda Report dated July
2, 1992: Schedule a public workshop conducted by staff and two
members from the Planning Commission, two from the Parks,
Recreation Facilities and Parkways Commission, and two from City
Council, to review various aspects of the Plan, and come back to
Council with a recommendation; and the other recommendation was
to direct staff to schedule the Master Plan for formal consideration
or policy direction in terms of significant trends and options which
Council wants to utilize in the Plan.
Responding to a question from the Mayor on the Master Plan
conforming to the General Plan, the Deputy City
Manager/Development Services reported that the Master Plan now
being considered is nothing more than a plan of park facilities; it is
not a General Plan Element. He anticipated that after Council
adopts a final Parks Master Plan, the Planning staff will then format
it as a General Plan Element, appropriate public hearings will be
held, and the document will be incorporated into the General Plan.
Vice Mayor Genis asked about the number of new residential units
proposed east of Bristol Street in North Costa Mesa on the Sakioka
and Home Ranch sites. The Deputy 'City Manager estimated that
east of Bristol and north of the 405 Freeway, there would be approx-
imately 1,200 to 1,500 units on the Sakioka property depending upon
ultimate build -out; approximately, 300 units on the Home Ranch site;
and on the Arnel property, a few hundred units. She was concerned
with having adequate park land in relationship to the number of
future residents in that area, and requested that the consultants
address that issue.
Malcolm Ross, C. J. Segerstrom and Sons, 3315 Fairview Road,
Costa Mesa, clarified that Home Ranch contains two parcels: 40
acres north of South Coast Drive, which is the section being
discussed; and 60 acres south of South Coast Drive. He stated that
at medium density, approximately 327 to 350 units could be built.
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' Vice Mayor Genis asked if anyone looked at the vacant parcel
adjacent to Fairview Hospital on Harbor Boulevard, small parcels
along the flood control channel, marginal commercial areas, or the
tear -downs on the East Side. She was disappointed because there
was no mechanism to look for new available sites. The City
j Manager responded that staff has compiled a list of vacant parcels
which will be made available to Council. He suggested that Council
tell staff what their. expectations are; then staff could proceed
accordingly and match it with the General Plan.
The Vice Mayor asked if it would be possible to develop multi -use
fields; suggested looking for smaller areas large enough for one
playing field; investigate the potential for land swaps, for example,
the parcel at Newport Boulevard and 17th Street; suggested that the
property adjacent to. Gisler Park, nowbeing used by a utility
company, may be a potential available site, as well as the property
next to the railroad ,tracks near Wickes Furniture. Finally, she
asked why the golf course was not included with the park acreage
for the existing park ratio.
Dick Mehren, 1824 Kinglet Court, Costa Mesa, member of the
Parks, Recreation Facilities and Parkway Commission and the
Fairview Park Committee, was concerned that the Parks Master Plan
lacks viable options in that it merely says that if the City does not
negotiate a satisfactory relationship with the Newport -Mesa Unified
School District for joint use of the fields, everything will end up at
Fairview Park. He ,felt the Plan fails to address a major factor
which is to purchase additional park land, and stated that this bias
was passed on by Community Services to the consultant by saying
that the City cannot ; afford to purchase land at its present price.
Council Member Erickson commended Mr. Mehren on suggesting
possible use of the rear portion of the Harbor Shopping Center
property. Responding to Council Member Erickson's inquiry on a
joint use agreement, using Estancia High School, Parsons School,
and part of the high area of the bluffs for an active recreational site,
Mr. Mehren felt that there should be some athletic facilities there,
not 40 or 50 acres, but of a size that would not impact the overall
effect of the park.
Tony Petros, representing Sakioka Farms, 14850 Sunflower Avenue,
Santa Ana, was sorry that he had to wait a month to get to this
point. It was his understanding at the Planning Commission meeting
that there was a 30 -day continuance in which there would be the
opportunity for him, Mr. Sakioka, and anyone involved in the
discussion to meet with the Planning Commission, Community
Services Department; and the consultant, to hopefully come to
Council and announce that a Master Plan had been worked out
which is acceptable to everyone. Mr. Petros stated that Sakioka was
represented at all commission and Council meetings, and within a
week after the Planning Commission meeting, he submitted a five-
page letter on some of the major issues. Mr. Petros reported that he
has made many calls to the departments involved to try to set up a
meeting, and his calls were not returned. He commented that he
supports this type of proactive planning; however, he felt it was
important that. the City provide a plan in a fiscally, environmentally,
and socially responsible format. Mr. Petros contended that there are
major inconsistencies between the Parks Master Plan and the
General Plan which must be addressed, and briefly mentioned some
of the issues raised' in his letter and to which staff has not
responded. In addition, Mr. Petros mentioned the need to follow
California Environmental Quality Act (CEQA) requirements. The
City Manager apologized to Mr.. Petros for his calls not having been
returned and advised him that staff will be responding to the points
made in his letter. The Mayor asked the City Attorney to investi-
gate the CEQA requirements.
Vice Mayor Genis commented that the Master Plan had a subtle
slant towards heavier ' use . of Fairview Park because of the
unavailability of funds, and did not believe that viewpoint was
appropriate. She stated that the cost of utility construction at
Fairview Park e has not been addressed. The Vice Mayor was
surprised to see a recreation building and- gym at Fairview Park and
wondered how that came to be. She asked about the use of the gym
at the Downtown Community Center, and stated that if it is heavily
used, perhaps another gym site should. be found. Vice Mayor Genis
asked for comments from Council on several issues to be passed on
to the consultant::i'whether or not to include the golf course acreage
in the population -per -acre standard; whether Council wants to look
at land dedication on some of the major vacant sites, or in -lieu fees;
the feeling about Fairview Park; whether the linear open space on
Victoria Street is really a viable recreation area; and input on private
volunteer efforts on the bike trails and for the parks in general as far
as encouraging private dedication and private volunteers.
Council Member Erickson had no ,problem with including the golf
course as park space as long as it' did not detract from Council's
goals. He felt that park dedication would be required, especially
north of the 405 Freeway. As to Fairview Park, he did not envision
the entire bluff top being developed as'.an active recreational site, but
in conjunction with Parsons School and Estancia High School, he
believed it would bean opportunity -to have a convenient park for
the west side and. Mesa Verde areas. Council Member Erickson
commented that all areas of the City should have adequate athletic
facilities and felt that an agreement with the School District would
work. As to the linear open space on Victoria Street, Council
Member Erickson strongly objected to that area being counted as
park space.
Council Member Humphrey had several concerns: there are no
alternatives to the City/School District joint powers agreement; there
are no specific site locations addressed as to where people fit and
where they seem to be; no one has explained the omission of the
golf course from park space acreage; and swapping land sites has
not been addressed. He wanted to make sure that the concerns of
all parts of the community are heard clearly.
Vice Mayor Genis suggested exploring..density transfers or at least
providing a mechanism to utilize density transfers to provide more
open space if a property owner wished to pursue that route.
Mayor..Hornbuckle responded to . the issues raised by the Vice
Mayor: agreed that the golf course should be included as a
recreational facility since it fulfills the recreational needs of a large
portion of the -community, and should be included in calculation of
the amount of acreage needed; the linear open space on Victoria
Street is a good idea for providing open space, but probably not for
recreational space; in regard to Fairview Park, address the issue of
lights impacting homeowners, including those residents on the south
end of the park; agreed with the possibility of a joint use with
Parsons School and Estancia High School since it would save the
City a considerable amount of money and also provide a better
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facility for the schools to use. Mayor Hornbuckle's preference was
to obtain a joint powers agreement with the School District for use
of their facilities, and commented that this is not a new idea since
it is done in many other communities, such as the City of Irvine.
She stated that the greatest advantage to the City is that it provides
neighborhood parks,, bit if a joint powers agreement were not
possible at this time, alternatives should be in place.
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The City Manager commented on one other item which was not
discussed: staff s advisement to the consultant relating to Council's
financial priorities, that is, no new taxes, no tax increases, not using
City reserves, nor raising alternative means of revenue. He stated
that in reviewing the fiscal priorities set by Council, there was not
much room for recommending new ways of acquiring property. He
stated that if the financial issues were set aside for the time being,
more creativity could be included. Mayor Hornbuckle responded
that as far as she was concerned, she wanted to see a document that
would set out an ideal plan, then back down from there depending
on the City's financial status. She mentioned that the financial status
of the City changes from year to year and the City probably will not
be operating under these conditions five years from now.
Council Member Erickson stated that since the golf course has been
privatized, he expected using some of that revenue for the parks
system. Vice Mayor Genis reported that there are a number of
private schools, some of which have fairly substantial sites, and she
would like to see some mechanism to obtain those sites should any
of those schools become available. In addition, she mentioned that
there has been some talk about closing Whittier School, so if that
should become available, that should become a priority item for
acquisition. She suggested investigating use of County, sites which
are within the City's sphere oto serve as parks for the east side.
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In response to an inquiry from the Vice Mayor, the Deputy City
Manager/Development Services reported that the Master Plan was
not processed as a General Plan Amendment as yet, knowing that
this document would be subject to so many changes. He stated that
the final draft of the Parks Master Plan will be environmentally
analyzed and then processed as a true element of the General Plan.
He emphasized that this is the City's first Master Plan of Parks, and
the best way to proceed is to wait until a final draft has been
approved before adding it to the General Plan.
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During discussion on having the consultant make a presentation to
Council, the City Manager reported that the consultant has been
provided tapes of previous discussions and will be given a tape of
this meeting; therefore, the consultant should be able to give a full
presentation at the next Council meeting, addressing all questions
which have been raised.
MOTION Vice Mayor Genis made a motion, seconded by Council Member
Hearing Set for Humphrey, directing staff to schedule a presentation by the
July 20, 1992 consultant at the meeting of July. 20, 1992. Council Member
j Humphrey's concern was that the development community's
comments have not. been addressed. Mayor Hornbuckle stated that
the City Manager has made note of that and will relay it to staff.
Tony Petros asked if action will be taken at the next meeting. The
City Manager responded affirmatively and announced that notices
will be sent to allparties involved in the process. Mayor
Hornbuckle called for a vote on the motion to schedule the public
hearing on July 20. The motion carried 4-0.
OLD BUSINESS Mayor Hornbuckle announced that the next item, request for
Golf Course rehearing on the decision for operation of the Costa Mesa Golf
Rehearing Trailed Course, would be. trailed until after closed session.
NEW BUSINESS The City Clerk presented a request for modification of Planning
PA -88-144 Action PA -88=144, a Planned Development for the 21 -story, 288 -
South Coast Plaza foot high Plaza Tower, for Malcolm Ross, authorized agent for
South Coast Plaza, 3315 Fairview Road, Costa Mesa, to delete Code
or Ordinance Provision No.' 35, requiring dedication of a right -turn
pocket on Avenue of the Arts; and a request to abandon an easement
on Avenue of the Arts.
The Public Services Director reported that since adoption of the
1990 General Plan, an easement for southbound Avenue of the Arts
traffic making a right turn onto Anton Boulevard, is no longer
needed because new traffic figures indicate that the movement is no
longer significants,`_.. He stated that the Planning Commission
recommended deleting the requirement for a right -turn pocket and
accompanying right-of-way.
MOTION On motion by Council Member Humphrey, seconded by Council
Deleted Right -turn Member Erickson, and carried 4-0, the requirement for a
Pocket southbound right -turn pocket on Avenue of the Arts at Anton Boule-
vard was deleted.
MOTION On motion by Council Member Humphrey, seconded by Council
Resolution 92-72 Member Erickson, Resolution 92-72, A RESOLUTION OF THE
Adopted CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, SUMMARILY VACATING AN EXCESS RIGHT-
OF-WAY LOCATED ' ON AVENUE OF THE ARTS, COSTA
MESA, was adopted by the following roll call vote:
AYES: Hornbuckle, Gems,
Humphrey, Erickson
NOES: None
ABSENT: Buffa
NEW BUSINESS The City Clerk presented a request to close a portion of Magnolia
Closure on Street at Vehicle Parking District No. 1. A letter was received from
Magnolia Street Jane Lindstrom, owner of property at' 12.0 East 18th Street, stating
that a partial closure of Magnolia Street would hurt the merchants
more than it would help the residents. A petition containing
signatures of 19 residents on Fullerton Avenue and Magnolia Street
favored placement of a wall at the west end of Magnolia Street.
The Public Services Director summarized the Agenda Report dated
June 29, 1992, which provides background data for the project and
proposed improvements: reconstruct damaged pavement areas;
modify parking and traffic circulation allowing one-way access into
the parking lot from 18th Street; provide two accesses (one-way in,
and. -one-way out) from Broadway; eliminate vehicle access from the
alley parallel to and north of Magnolia Street; install an 8 -foot high
wall; install landscaping and irrigation improvements along the
easterly property boundary adjacent to the proposed wall; provide
for enhanced lighting facilities; slurry seal the Vehicle Parking
District parking lot and five adjoining privately owned lots; and
restripe parking stalls which would increase parking spaces from 79
to 104. The Public Services Director stated that the major element
of the plan is closure of Magnolia Street to restrict any vehicular or
pedestrian access to and from the parking lot from the neighboring
residential areas; however, the Transportation Commission
recommended that a physical barrier not be installed at the end of
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Magnolia Street. He also reported that the cost for the project is
$115,000.00 which would be taken from Community Development
Block Grant (CDBG), funds. Responding to a question from Vice
Mayor Gerais regarding on-going maintenance, the Public Services
Director stated that; if the project were approved, staff could
negotiate with property owners in an attempt to develop a
maintenance district.
Joseph Newberry, owner of a business at 1804 Newport Boulevard,
Costa Mesa, was opposed to constructing the wall, asserting that it
would create more maintenance problems rather than solve them.
In regard to participation in a maintenance district, he reported that
he maintains his own lot.
John Ryan, 129 Broadway, Costa Mesa, suggested installing a
temporary wall to see if the plan will work. He felt that the
residents on Magnolia Street would be the only beneficiaries of the
plan, and residents on Broadway would be negatively impacted.
J. C. Humphries, 1835 Newport Boulevard, Costa Mesa, stated that
as a property owner in that area, he would be happy to participate
in maintaining the site. He opposed closing Magnolia. Street and
construction of a wall because it merely would shift the problem
from one place to another, and felt that the plan would be
detrimental to the merchants on Newport Boulevard.
Mr. V. Gailey, 129 Broadway, Costa Mesa, contended that the
proposed closure on Magnolia Street would ruin the businesses, and
spoke about the poor condition of the parking lot.
Alvin Pinkley, 1833 Fullerton Avenue, Costa Mesa, opposed the
project and suggested that the money be used elsewhere.
Bob Hoffman, 360 East 19th Street, Costa Mesa, representing the
East Side Homeowners Association, agreed with Mr. Ryan's
suggestion of having a temporary wall for approximately 90 days to
determine whether or not the plan will work satisfactorily.
Richard Sewell, 136 Rochester Street, Costa Mesa, claimed many of
the problems are caused by the Goat Hill Tavern. He agreed with
having a one-way at 18th Street entering the parking lot, and
suggested placing a two-lane exit in the middle of the parking lot,
not next to the flower shop. In addition, he recom-mended having
the alley which leads to Fullerton Avenue blocked off at the parking
lot. Mr. Sewell was willing to pay his share for maintenance of the
parking lot. Mr. Sewell spoke again to report that hiring security
guards to protect his property in San Diego has helped considerably.
He also suggested using a gate which could be closed at night and
left open during the day.
Valerie Gailey, 129 Broadway, Costa Mesa, was opposed to
construction of the wall, and predicted that if a wall were installed,
it probably would be filled with graffiti in a very short time.
Peter Maxson, Omar's Custom Picture Frame and Gallery, 1812
Newport Boulevard, Costa Mesa, commented that the Transportation
Commission was against this plan, and it was his opinion that the
wall would only benefit Goat Hill Tavern, not help traffic circu-
lation. The second time Mr. Maxson spoke, he commented .that a
wall would merely shift the problem from one area to another.
Fred Jansson, � 1800 Newport Boulevard, 'Costa Mesa, agreed with
most comments made in opposition to the wall. He claimed that
lack of enforcement of existing laws is the problem. During his
second time at the. podium, Mr. Jansson commented that an eight -
foot wall would not help people living on the second story.
Fred Whittaker, 1816 Fullerton Avenue, Costa Mesa, wanted the
wall built because of the drunk driving incidents which have
occurred in the neighborhood, and because of the United Parcel and
beer trucks using that parking lot. He recommended limiting the
weight of trucks on Magnolia Street.
Mary Whittaker, 1816 Fullerton Avenue, Costa Mesa, also spoke in
support of erecting the wall.
MOTION A motion was made by Council Member Erickson, seconded by
Referred Back to- Council Member-'' :- .Humphrey, to uphold the Transportation
Transportation Commission's decision not to erect a wall on Magnolia Street, and
Commission to refer this item back to the Commission to consider alternative
circulation patterns which shall be provided by staff; to direct staff
to place signs on Magnolia Street regarding truck weight limitations;
and to ask merchants to come back with a plan for maintenance of
the parking lot. Mayor Hornbuckle stated that she would not
support the -motion because she felt this was an issue started in 1989
at which time fences were to be installed to separate the parking area
from the residences, etc., and she felt this has been going on much
too long. The motion carried 3-1, Mayor Hornbuckle voting no.
The City Manager mentioned that there are issues outside the scope
of the Transportation Commission, and suggested coordinating a
meeting with interested residents and business people, and the
Transportation Commission, to see if a more multi -faceted approach
could be developed. With the consent of Council, the Mayor
directed the City Manager to proceed. Council Member Humphrey
commented that the idea of a gate seemed like a workable solution;
however, a commitment would be needed from someone to open and
close the gate. The City Manager 'addressed the issue of specific
problems on Friday and Saturday evenings, and suggested that there
is a: means whereby a contract could 'be drawn up with the entity
causing the demand, similar to the Pacific Amphitheatre and
Fairgrounds, to provide necessary personnel to patrol that area.
NEW BUSINESS The City Clerk presented Council Policy No. 500-6, street banners
Council Policy 500-6, for special events. The City Manager reviewed his Agenda Report
Street Banners dated June 25, 1992, which details the method by which banners
would be approved and addresses key points with which Council
expressed some concerns, such as, placement, length of time the
banners would be in the public right-of-way, and who could place
such banners for special events.
Mayor Hornbuckle noted that only Costa Mesa -based charitable,
nonprofit organizations are eligible to place banners; however, she
suggested including other public agencies, specifically referring to
the banners which are now in place for the Orange County Fair.
The City Manager stated that this addition should be spelled out in
the policy. Vice Mayor Genis requested that the policy include a
stipulation for review of the content of the banners, and that the
banners shall not be similar to traffic signs. The City Attorney
reported that the latter issue is covered in the California Vehicle
Code, and confirmed that Council could control some of the content;
however, this policy does not address content, it simply says that the
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City would like to see the content of the banner when the request is
'submitted.
MOTION !A motion was made by Council Member Humphrey, seconded by
Amended Policy ; Vice Mayor Genis, and carried 4-0, approving the policy with the
Approved !addition of allowing other public agencies to place special event
!banners, and requesting an amendment to the Sign Ordinance.
CITY ATTORNEY I The City Attorney.: requested a closed session pursuant to
REPORTS ;Government Code Sections 54956.8, 54956.9(a), and 54956.9(b)(1)
Request for Closed !to discuss the following issues: Goat Hill Tavern v. City of Costa
Session: Goat Hill ;Mesa, Appeals Court'Case No. G011143; Harris v. City of Costa
Tavern; Harris; !,Mesa, Orange County Superior Court Case No. 66-88-75; Jackson
Jackson; and Golf iv. Pacific Amphitheatre, Orange County Superior Court Case No.
Course 162-81-37; and Golf Course contract negotiations.
RECESS AND !The Mayor declared a recess at 11:25 p.m., and at 11:30 p.m.,
ADJOURNMENT TO Council adjourned to a closed session in the first floor Conference
CLOSED SESSION 'Room to discuss the items announced by the City Attorney.
MEETING The Mayor reconvened the regular meeting at 12:50 a.m., and the
RECONVENED !City Attorney reported on the action taken during closed session.
MOTION/Approved By a vote of 4-0, Council ratified the City Attorney's action to file
Petition for Review re a petition for review in connection with Goat Hill Tavern v. City of
Goat Hill Tavern Costa Mesa, Appeals ,Court Case No. G011143.
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MOTION/Rejected ;By a vote of 4-0, Council rejected an offer from Mr. Harris and
Harris's Offer gave directions to the City Attorney in the case of Harris v. City of
Costa Mesa, Orange County Superior Court Case No. 66-88-75.
MOTION/Authorized By a vote of 4-0, Council directed the City Attorney to request that
City's Removal from !the Court exclude the City from the class alleged to have suffered
Jackson Case !emotional distress in Jackson v. Pacific Amphitheatre, Orange
County Superior Court Case No. 62-81-37.
Directions Given for !In connection with. the Costa Mesa Golf Course contract
Golf Course Contract ! negotiations, Council gave directions to the City Manager and City
Attorney.
OLD BUSINESS ;The City Clerk presented an Old Business item which was trailed
Request for Rehearing ; from earlier in the meeting: a request for rehearing on operation of
from Environmental the Costa Mesa Golf Course and Country Club from Environmental
Care for Operation of Care, Incorporated, 24121 Ventura Boulevard, Calabasas. The City
Golf Course Manager advised Council that the issue to be decided is whether to
grant a rehearing, that is, if sufficient grounds are presented by the
appellant to reopen the entire issue. The City Attorney confirmed
that if Council were to find that there is new information which was
not available at the last hearing, a public hearing should' be set for
the next meeting on July 20, 1992.
Gene Gianulli, representing the appellant, Environmental Care,
�. Incorporated, stated that at the last meeting, he made a request to be
! part of the negotiations, but Council ignored the request and elected
to go with Mesa Verde Partners. He felt there may have been some
issues which the Review Committee should have passed on to
Council. Mr. Gianulli commented that he merely wanted to let
Council know that Environmental Care can offer more than the other
companies, and felt he was not given that opportunity. He spoke
about the many amenities his company had to offer, especially in
regard to maintenance, as well as the expertise of the Arnold Palmer
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Management Company. Mayor Hornbuckle responded that Council
was prepared at the previous meeting to hear whatever he had to
say, and she recalled, that there were a number of questions he
declined to answer., Vice Mayor Genis felt that the appellant did not
meet the requirements of the Municipal Code for granting a
rehearing.
MOTION A motion was made by Vice Mayor Genis, seconded by Council
Rehearing Denied Member Humphrey, to deny the request for a rehearing. Council
Member Erickson could not support Environmental Care, but he did
feel there was additional information in regard to the Arnold Palmer
Management Company; however, it was not in the proposal. He
mentioned that there will be another closed session on July 13, 1992,
to discuss contract negotiations with Mesa Verde Partners; therefore,
this is not a closed issue as yet.. The motion to deny the request
carried 4-0.
COUNCIL Council Member Humphrey was tired of seeing all the remaining
COMMENTS campaign signs throughout the City:_ He -wanted to know if there
were some way staff could. remove the sighs and send them back to
Campaign Signs the candidate with a bill. The City Attorney reported that the City
has an ordinance regulating removal, -of the signs and it would be
appropriate for staff to proceed.
Air Quality Reclaim Vice Mayor Genis announced that the long awaited reclaim program
Program on air quality will be heard by the Air Quality Management District
(AQMD) on Friday morning, July 10, 1992.
Fireworks Vice Mayor Genis expressed her disappointment that the fireworks
restrictions imposed by the City last year were completely ignored
during the July 4, 1992, holiday. Based on that which she observed,
Vice Mayor Genis was considering supporting a total .ban on
fireworks.
Commission Vice Mayor Genis noticed that in the Planning Commission and
Absenteeism Transportation Commission minutes, there are indications of a lot of
absenteeism, and she wanted to send a message that the
commissioners are expected to show up for their meetings. She
commented that the commissioners ' who have been serving the
longest seem to have the best attendance records and complimented
them for that.
Conflict of Interest Vice Mayor Genis referred to City Attorney Opinion No. 92-10,
Code Conflict of Interest, which stated that if Council had wanted to apply
the Conflict of Interest Ordinance to Congressional elections, the
ordinance could have been changed accordingly; but it was her
understanding that the ordinance applied to all elections. The Vice
Mayor suggested that if the City is not preempted by Federal law,
she would like to see the Council pursue implementation of
amendments to the City's Conflict of Interest Code to include all
elections.
Orange County Fair; Mayor Hornbuckle announced that the Orange County Fair starts on
Workers' Compensa- July 10, 1992, and that she will be representing the City on the
tion Symposium "Today" television show featuring the 100th anniversary of the fair.
The Mayor also reported that she will be attending a symposium on
Workers' Compensation and will keep the Council informed on that
subject.
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ADJOURNMENT The Mayor declared the meeting adjourned at 1:10 a.m.
ATTEST:
City Clerk of the City of Costa sa
FIR
1the City of Costa