HomeMy WebLinkAbout04/19/1993 - City Council52
REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
APRIL 19, 1993
The City Council of the City of Costa Mesa, California, met in
regular session April 19, 1993, 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 Council Member
Hornbuckle.
ROLL CALL Council Members Present: Mayor Sandra Genis
Vice Mayor Jay Humphrey
Council Member Mary Hornbuckle
Council Member Peter Buffa
Council Member Joe Erickson
Council Members Absent: None
Officials Present: City Manager Allan Roeder
City Attorney Thomas Kathe
Deputy City Manager/Development
Services Donald Lamm
Public Services Director William
Morris
Redevelopment Project Manager Muriel
Berman
Senior Planner Alice Angus
Assistant to the City Manager Ann
Gyben
Deputy City Clerk Mary Elliott
MINUTES On motion by Council Member Buffa, seconded by Council Member
April 5, 1993 Hornbuckle, and carried 5-0, the minutes of the regular meeting of
April 5, 1993, were approved as distributed.
ORDINANCES AND A motion was made by Council Member Buffa, seconded by Council
RESOLUTIONS Member Hornbuckle,, and carried 5-0, to read all ordinances and
resolutions by title only.
Week of the Mayor Genis made note that this is the Week of the Young Child in
Young Child Costa Mesa.
ANNOUNCEMENT The Mayor announced that the Golf Course item on the agenda
included tournament policy, buy-out of Mesa Verde Partners
equipment when the lease expires, expansion of Los Lagos senior
discounts, and preferred starting times. She explained that all other
issues should be addressed during Oral Communications.
ORAL COMMUNI- Bert Ohlig, 487 Esther Street, Costa Mesa, distributed a handout to
CATIONS Council, and reported on Mesa Consolidated Water District's
Water District Rate proposed 23 percent rate increase. He believed the City would be
Increase impacted by an additional $115,000.00 next year, and compared the
rates to those of adjacent cities. He proceeded to review the report;
stating that he made a similar presentation to Council last year.
'Also speaking in opposition to 'the proposed Water- District rate
increase were Costa Mesa residents: Bud Lengtat, 432 Princeton
Drive; and Carl Bureman, 447 Princeton Drive.
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Costa Mesa Crime John Feeney, 1154 Dorset Lane, Costa Mesa, concluded that the
Problem Costa Mesa crime problem is created in part by the District
Attorney's office, 'citing examples which illustrated interest in the
conviction rate and making examples of certain cases as opposed to
getting criminals off the street. He suggested prosecuting cases
through the City Attorney's office instead of paying the District
Attorney for this service; however, the City Attorney responded that
the District Attorney's office is required to handle cases relating to
penal code violations because Costa Mesa is a General Law city.
Senior Center and Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Mesa,
Older American's commended the City for the Senior Center, and announced that the
Month annual Senior Follies will be held on Saturday, June 12, 1993. She
reported that the month of May has been designated as Older
Americans Month, and urged the citizens of Costa Mesa to do
something special for a senior citizen during that month.
Disrepair of City Janice Davidson, 1982 Arnold Avenue, Costa Mesa, reported on the
Streets disrepair of streets throughout the City, specifically on some of the
smaller streets, and complained about bicycles that are not equipped
Bicycle Lights with safety lights. The Public Services Director responded that there
is a tentative schedule for rehabilitation of residential streets, with
the first phase going to bid in early summer.
O.C.C. 10 -Year Plan Carl Bureman commented on a flyer from Orange Coast College
(O.C.C.) regarding a 10 -year plan, asking if this had been shared
with the City. He asked that this information be sent to the
homeowners in the College Park area.
Newport Boulevard Armando, Vasques, 1874 Wren Circle, Costa Mesa, stated that a
Safety close friend had been fatally injured on Newport Boulevard and 19th
Street, and requested that the safety of transition from the freeway
to surface streets be investigated. Mayor Genis asked the Public
Services Director to investigate and report on this situation.
Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, explained that the County
intended to synchronize their signals -which would assist with the
above-mentioned problem by cutting down on the opportunity for a
rear -end collision. He reviewed the events which lead up to his
recent jail sentence. Regarding the proposed rate increase by Mesa
Consolidated Water District, Mr. Soffer reported that a notice placed
on a door requesting payment of a water bill now costs $15.00; and
a visit to turn off the service is $45.00.
Golf Course Nathaniel Robins, 2337 Richmond Way, Costa Mesa, Treasurer,
Privileges Costa Mesa Senior Golf Association, spoke regarding senior
privileges which are now being eroded, specifically addressing the
reduced green fees, monthly golf passes, and golf cart fees before
10:00 a.m. He provided written backup to the Deputy City Clerk.
Vice Mayor Humphrey left the Council Chambers at 7:10 p.m.
Senior Cable Grant Ernie Feeney, 1154 Dorset Lane, Costa Mesa, addressed the Senior
Cable Grant of $2,000.00, approved by Council on October 7, 1991,
$1,000.00 of which was to be paid to Eleanore Humphrey for
production and direction of a one-half hour video on senior citizens.
She stated that a year ago, a draft video was presented to the Senior
Corporation but was rejected because of nudity in the film; and to
date, the film has not been completed. She requested that the
$750.00 paid to Mrs. Humphrey be returned to the City. Council
Member Erickson stated that he would address this matter at the
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Cable Television Committee meeting on Tuesday, April 20, 1993.
The Mayor requested , a report on cable grants that are outstanding
and overdue.
Roy Andreen, 2769 Cibola Avenue, Costa Mesa, stated that he is a
member of . the Costa Mesa Senior Citizens Corporation, and
responded to the allegations regarding Eleanore Humphrey, stating
that Ms. Humphrey had encountered some difficulty in assembling
a revised finished product (the aforementioned senior video);
however, this should be forthcoming in the near future.
Vice Mayor Humphrey returned at 7:30 p.m.
2172 Orange Avenue ,Ruben Smith, 2172 Orange Avenue, Costa Mesa, reported on the
Clean-up required clean-up of this property, stating that the allocated 30 -days
,has expired. He reported that progress is being made but the job
'has not been completed and requested an extension. The City
Manager said that a contractor was being contacted to remove the
remaining material as there seems to be debris reappearing on the
premises. He mentioned that an extension could not be granted this
evening.
Lindbergh School Isabel Vinson, 233 East Wilson Street, Costa Mesa, presented a
Park petition signed by 42 residents who are concerned about the
condition of Lindbergh School Park, 220 East 23rd Street. She gave
a brief history of events which have impacted the park, pointing out
that Mesa Consolidated Water District has started construction of an
underground reservoir on the site which has reduced the park area,
destroyed park amenities, and resulted in play equipment being
removed. The Mayor asked the City Manager to contact the Water
District for a progress report on the project.
The following Costa Mesa residents also spoke regarding the
Lindbergh School Park: Jim Vinson, 233 East Wilson Street; and
Anne and Michael Dunlevie, 245 East Wilson Street.
Wallace Street Diane Jones, 2004 Calvert Avenue, Costa Mesa, spoke on behalf of
Pothole her mother who resides at 744 Center Street, describing a potentially
dangerous condition on the Wallace Street sidewalk between 19th
and Center Streets, which consists of a depressed area, or pothole,
about one -foot in diameter, which has been worn down by foot
traffic. She spoke regarding the James Street and Shalimar Drive
alleys, stating that she was appalled by the number of absentee
owners who did not attend a meeting regarding improvements for
this high -crime area, and believed they should be assessed for alley
improvements. The City Manager was requested to report on the
Wallace Street sidewalk.
CONSENT The following items were removed from the Consent Calendar:
CALENDAR -Item 12, Resolution opposing Senate Bill 1114 (Maddy); Item 13,
Resolution supporting Senate Bill 123 (Lewis); and Item 14,
Resolution confirming denial of PA -89-07A2.
MOTION/Approved On motion by Council Member Hornbuckle, seconded by Vice
Except Items 12, Mayor Humphrey, and carried 5-0, the remaining Consent Calendar
13, and 14 items were approved in one motion, as recommended.
READING FOLDER The following Reading Folder items were received and processed:
Claims Claims received by the City Clerk: William J. Federico;
Jeanette McDonald Fisher; Scott Goldstone; and Katy Lee.
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Alcoholic Alcoholic Beverage License for which parking has been
Beverage approved by the Planning staff: Tampico Isle, Inc., doing
License business as Mucho Gusto, 263 East 17th Street.
SCAQMD Resolution from the City of Westminster supporting Senate Bill
Board Members 123 to provide for a "double majority" standard to select South
Coast Air Quality Management District (SCAQMD) board
members.
Public Notice from . Southern California Gas Company that it has filed
Utilities Application No. 93-03-069 with the Public Utilities Commission
Commission for an increase in gas rates.
SET FOR PUBLIC The following items were set for public hearing on May 3, 1993, at
HEARING/Hearings 6:30 p.m., in. the Council Chambers of City Hall:
Set for May 3, 1993
General Plan Amendment GP -93-02: Resolution amending the
General Plan 1990 General Plan regarding policies for construction of
Amendment GP -93-02 circulation improvements in conjunction with new development.
Environmental Determination: Negative Declaration.
Transportation Ordinance amending Title 13 of the Costa Mesa Municipal
System Management Code regarding the Transportation System Management Pro -
Procedures cedures. Environmental Determination: Negative Declaration.
Measure M Develop- Adoption of a Development Phasing and Monitoring Program
ment Phasing and in conformance with the County Measure M funding eligibility
Monitoring Program requirements. Environmental Determination: Exempt.
Landscaping Assess-
ment District No. 1
Adopted Resolution
93-27 Setting a
Hearing June 7, 1993
Landscaping Assess-
ment District No. 2
Adopted Resolution
93-28 Setting a
Hearing June 7, 1993
WARRANTS
Warrant 1543/Pay-
roll 9306 Approved
REJECTED CLAIMS
San Marino Roof Co.
Aero -Crete Light-
weight Concrete
Resolution 93-27 was adopted: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
DECLARING ITS INTENTION TO LEVY AND COLLECT
ASSESSMENTS DURING FISCAL YEAR 1993-1994 WITHIN
CITY OF COSTA MESA LANDSCAPING ASSESSMENT
DISTRICT NO. 1, Tracts 9901 and 12011, located south of
Sunflower Avenue and east of Smalley Road, setting a public
hearing for June 7, 1993, at 6:30 p.m.in the Council Chambers of
City Hall.
Resolution 93-28 was adopted: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
DECLARING ITS INTENTION TO LEVY AND COLLECT
ASSESSMENTS DURING FISCAL YEAR 1993-1994 WITHIN
CITY OF COSTA MESA LANDSCAPING ASSESSMENT
DISTRICT NO. 2, Tract 10513, located at the northwest corner of
Bear Street and the Corona del Mar Freeway, setting a public
hearing for June 7, 1993, at 6:30 p.m., in the Council Chambers of
City Hall.
Warrant; Resolution: 1543, funding City operating expenses for
$1,136,256,29; and Payroll 9306 for $1,152,335.51, were approved.
The following claims were rejected:
Claim from San Marino Roof Company, Inc. (alleged negli-
gence in approving payment bond surety for Metro Fire
Station).
Claim from Aero -Crete Lightweight Concrete, Inc. (in
connection with construction of the Metro Fire Station).
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ADMINISTRATIVE The Final Map was approved for Tract No. 14718 located at 2164
ACTIONS Canyon Drive, 13 lots, 0.887 -acre, for condominium purposes; Dr.
Approved Final Map Joseph Milligan, developer, 301 West Bastanchury, Suite 175,
for Tract No. 14718, Fullerton; and the Deputy City Clerk was authorized to sign said
Milligan map on behalf of the City.
Work Accepted for Emergency Roadway and Storm Drain Damage Repairs at 16th
Emergency Repairs Street and Superior Avenue, Project No. 93-03, were completed to
on 16th Street, the satisfaction of the Public Services Director on February 18,
Project No. 93-03, . 1993, by Kennedy Pipeline Company, 61 Argonaut, Aliso Viejo.
by Kennedy Pipeline The work was accepted; the Deputy City Clerk was authorized to
file a Notice of Completion; and authorization was given to release
retention funds 35 days thereafter.
Adopted Resolution Item 12 on the Consent Calendar was presented: Resolution
93-29 Opposing opposing Senate Bill - 1114 (Maddy). John Feeney, 1154 Dorset
Senate Bill 1114 Lane, Costa Mesa, explained his support of the proposed Senate Bill
(Maddy) and expressed his opposition to the proposed resolution. Council
Member Hornbuckle responded that she supported the resolution
because this issue should be a matter of local control. Council
Member Hornbuckle made a motion, seconded by Vice Mayor
Humphrey, to adopt Resolution 93-29, A RESOLUTION OF THE
CITY COUNCIL. OF THE CITY OF COSTA MESA,
CALIFORNIA, OPPOSING SENATE BILL 1114 (MADDY)
WHICH REQUIRES LOCAL GOVERNMENT TO HOLD
HARMLESS PUBLIC SAFETY SERVICES IN ANY BUDGET
CUTS. The motion carried 5-0.
Adopted Resolution 'Item 13 on the Consent Calendar was presented: Resolution
93-30 Supporting
'supporting, Senate Bill 123 (Lewis). Council Member Buffa
Senate Bill 123
; explained that this measure would change the procedure whereby
(Lewis)
cities appointed their representatives to the Air Quality Management
'District to a more equitable system. Council Member Buffa moved
to adopt Resolution, 93-30, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA
SUPPORTING SENATE BILL 123 WHICH CHANGES THE
REQUIRED VOTE . TO SELECT A LEAGUE OF CITIES'
REPRESENTATIVE TO THE SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT (SCAQMD) BOARD OF
DIRECTORS. The ,motion was seconded by Council Member
Erickson, and carried 5-0.'
Adopted Resolution
Item 14 on the Consent Calendar was presented: Resolution
93-31 Denying
confirming denial of - PA -89-07A2, Diedrich Coffee, regarding a
PA -89-07A2
-Planned Signing Program at 468 and 474 East 17th Street. Sid
Diedrich Coffee
Soffer, 900 Arbor Street, Costa Mesa, suggested that the sign
ordinance be revised to accommodate small businesses, and proposed
that this application be delayed until this was accomplished. On
motion by Council Member Erickson, seconded by Council Member
Hornbuckle, and carried 5-0, Resolution 93-31, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
'CALIFORNIA, DENYING PLANNING ACTION PA -89-07A2,
:was adopted. The Deputy City Manager/Development Services
stated that the new sign ordinance was in the process of being
revised and would be presented to the Planning Commission in
approximately one to two months.
PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued
Rezone Petition from the meeting of April 5, 1993, for Rezone Petition R-92-06, to
R-92-06, Site N :change the zoning of Site N (2490 Fairview Road) in General Plan
Planning Area No. 4, to zoning consistent with the 1990 General
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Plan. Environmental Determination: Environmental Impact Report
No. 1044 adopted for the 1990 General Plan. Letters were received
from the Costa Mesa Municipal Employees Federal Credit Union,
1922 Pomona Avenue, Costa Mesa, requesting a six months' contin-
uance to consider purchase of the property; and Michael D. Young,
of McClintock, Weston, Benshoof, Rochefort, Rubalcava, &
MacCuish, Attorneys at Law, 444 South Flower Street, Los
Angeles, representing Exxon Corporation, supporting the request for
a continuance.
MOTION' On motion by Council Member Buffa, seconded by Council Member
Continued to Erickson, and carried 5-0; the public hearing was continued to the
October 18, 1993 meeting of October 18, 1993. Council Member Buffa asked staff to
explore the options concerning the disorderly appearance of the site.
PUBLIC HEARING The Deputy City. Clerk announced that this was the time and place
Appeal of Business set for the public hearing to consider an appeal of the Planning
License Commission's denial, of a business license from J. B. Mirassou, 116
Mirassou/Stanke Avenue "I", Suite 200, Redondo Beach, representing Janet Stanke,
to establish a retail crafts facility in an industrial building at 3589
Harbor Boulevard. A communication was received from the appli-
cant's representative requesting a continuance to June 7, 1993.
Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the intent of
zoning is to balance a community, suggested that perhaps there are
more industrial applications than are necessary, and recommended
that this application be approved.
MOTION On motion by Vice Mayor Humphrey, seconded by Council Member
Continued. to Hornbuckle, and carried 5-0, the public hearing was continued to the
June 7, 1993 meeting of June 7, 1993.
PUBLIC HEARING The Deputy City Clerk announced that this was the time and place
General Plan Amend- set for the public hearing to consider General Plan Amendment GP-
ment GP -93-01; 93-01 and Rezone Petition R-93-01, City of Costa Mesa, amending
Rezone Petition the General Plan relative to land use mapping, zoning consistency;
R-93-01, City of and specific land use amendments, to.., -,recognize existing use and/or
Costa Mesa zoning; and rezoning specific sites to obtain consistency with the
General Plan. Environmental Determination: Negative Declaration.
The Affidavit of Publication is on file in the City Clerk's office.
The Senior Planner reviewed the Agenda Report dated April 7,
1993, and responded to questions from Council.
There being no speakers, the Mayor closed the public hearing.
MOTION On motion by Council Member Erickson, seconded by Mayor Genis,
Resolution 93-32 and carried 5-0, the following action was taken, exclusive of Sites
Adopted; Ordinance K and P:
93-9 Given First
Reading Resolution 93-32, A RESOLUTION OF THE CITY COUNCIL
OF THE - CITY; . OF ; : COSTA MESA, CALIFORNIA,
ADOPTING GENERAL PLAN AMENDMENT GP -93-01,
AMENDING THE GENERAL PLAN OF THE CITY OF
COSTA MESA, was adopted; and
Ordinance 93-9, AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF COSTA MESA, CALIFORNIA,
ADOPTING REZONE PETITION R-93-01, CHANGING THE
ZONING OF PROPERTIES TO ZONING CONSISTENT
WITH THE 1990 GENERAL PLAN, was given first reading
and passed to second reading.
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MOTION A motion was made by Council Member Erickson, seconded by
General Plan Amend- ;Council Member Hornbuckle, to follow the recommendations of the
ment Authorized for Planning Commission regarding Site K, outlined in the Agenda
Site K Report dated April 7, 1993, by initiating a General Plan Amendment
to Neighborhood Commercial for the properties at 114, 128, 130,
1132 and 140 Cabrillo Street, with the zoning to remain CL; and
;directing staff to renotice these sites. Mayor Genis stated she would
'not support the motion due to concern regarding the property at 140
Cabrillo Street. She believed the commercial zoning would intrude
;into a quiet, residential neighborhood. Vice Mayor Humphrey did
!not support the motion because that same address is a mobile home
;park, and felt the parks should be addressed more definitively in the
General Plan. The motion carried 3-2, Council Members Genis and
'Humphrey voting no.
MOTION ;A motion was made by Council Member Erickson, seconded by
Rezone of Site P :Vice Mayor Humphrey, and carried 5-0, to rezone Site P, 113 23rd
Approved 'Street, to AP, Office and Professional, (included in Ordinance 93-9);
with the General Plan land use designation remaining Neighborhood
;Commercial.
OLD BUSINESS ;The Deputy City Clerk presented the Community Cleanup Event
Community Cleanup ;Community Development Block Grant (CDBG) Rental Rehabilitation
Event Rental ;Area I:
Rehabilitation Area I
Agreement with Gardner Communications Group, 3333 Brea
Canyon Road, Suite 226, Diamond Bar, for Phase Two of the
Community Cleanup/ "Neighbors for Neighbors" Program:
Alternative No. 1, One -day Cleanup event on June 12,
1993, for $10,100.00, or
Alternative No. 2, Two-day Cleanup event June 12 and 13,
1993, for $14,000.00.
;The City Manager explained that this item is follow-on action to
,previous authorization to prepare a program to improve the
neighborhood conditions in selected target areas in Costa Mesa. The
Redevelopment Project Manager summarized the Agenda Report
:dated April 13, 1993. Mayor Genis suggested including the
;homeowners organizations in the targeted area. Council Member
Erickson felt that the entertainment for the event should be a
;volunteer effort.
;Bud Lengtat, 432 Princeton Drive, Costa Mesa, inquired if the funds
;would be paid to Gardner Communication Group dependent on the
,success of the ' event, and felt the money should be used as an
incentive.
Janice Davidson, 1982 Arnold Avenue, Costa Mesa, expressed
surprise at the event being only for rental properties, and suggested
including single-family homes. She also proposed printing flyers in
'both English and Spanish.
John Feeney, 1154 Dorset Lane, Costa Mesa, stated that he
previously opposed CDBG applications; however, he supports the
neighborhood cleanup.
Diane Jones, 2004 Calvert Avenue, Costa Mesa, supported the
cleanup but questioned spending $4,000.00 for a party.
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Ernie Feeney, 1154 Dorset Lane, Costa Mesa, agreed with the
cleanup but did not think that "slum landlords" should receive the
same assistance as others. 'The City Manager replied that the actual
funding for these programs is directly connected to occupancy limits
and the existence of written lease agreements.
MOTION . On motion by Council Member Erickson, seconded by Vice Mayor
Agreement Approved Humphrey, and carried 5-0, Alternate 1, One -day Cleanup event on
June 12, 1993, was approved, in an amount not to exceed
$10,100.00, with an encouragement to Gardner Communications
Group to emphasize using volunteers during the cleanup and
organizing an old fashioned, community -type event on the second
day; and the City Manager was authorized to sign the agreement on
behalf of the City. Council Member Hornbuckle volunteered to
present this to the Community Relations Committee to encourage
their involvement in planning the celebration event.
OLD BUSINESS The Deputy City Clerk presented from the meeting of April 5, 1993,
United Children's . a Notice of Intention to Appeal or Solicit for Charitable Purpose
Fund Solicitation from United Children's Fund, 7601 Woodwind Drive, Huntington
Permit Beach, by soliciting funds to March 8, 1994. A communication was
received from Jerrold Kaufman, United Children's Fund, forwarding
additional data regarding this application. The. Deputy City
Manager/Development Services reviewed the Agenda Report dated
April 15, 1993, stating that the level of detail requested had not been
provided by Mr. Kaufman.
MOTION On motion by Council Member Buffa, seconded by Council Member
Permit Denied Erickson, and carried 5-0, the permit was denied.
OLD BUSINESS
The Deputy City Clerk presented City Attorney's Report No. 93-38
Henry 'N Harrys
regarding Conditional Use Permit pursuant to Preemptory Writ of
Goat Hill Tavern
Mandamus regarding Robert Ziemer, dba Henry 'N Harrys Goat
PA -88-132
Hill Tavern v. City of Costa Mesa, Orange County Superior Court
Case No. 64-49-19. The City Attorney reviewed his report dated
April 13, 1993.-.'..
MOTION
A motion was made by Vice Mayor Humphrey, seconded by
Referred to Planning
Council Member Hornbuckle, and carried 5-0, to set aside the
Commission
Council decision of December 3, 1990, to deny the appeal from the
Planning Commission to not renew Conditional Use Permit PA -88-
132 for Goat Hill Tavern; grant the appeal of Mr. Ziemer and direct
that the matter be sent back to the Planning Commission with
directions that the Commission shall hold a public hearing and renew
the permit with new conditions for the entire business of Goat Hill
Tavern.
RECESS The Mayor declared a recess at 8:25 p.m., and the meeting
reconvened at 8:40 p.m.
NEW BUSINESS The Deputy .City Clerk presented. outstanding Golf Course contract
Golf Course Contract issues. Communications were received from Art Perry, Golf Coach,
Estancia High School, requesting additional consideration for student
golfers and student golfing teams; and 25 petitions requesting equal
starting time access on weekends, and installation of computer
equipment to obtain starting times.
The Assistant to the City Manager briefly reviewed the Agenda
Report dated April 14, 1993.
Scott Henderson, General Manager of Mesa Verde Partners (MVP),
responded to a question from Council Member Erickson regarding
the buy-out of their equipment when the existing lease expires,
stating that this request was made because the same clause existed
in the Harry S. Green, Inc. (previous concessionaire) contract, and
MVP was forced to purchase those assets. He offered to prepare a
list of services that have been rendered at the golf course for which
MVP has not been compensated.
Joe Costello, 9657 Dove Circle, Fountain Valley, addressed the
Agenda Report making note of several minor discrepancies, one of
which was the City/State/Chamber Tournament on Page 3 of
Attachment 1, the City organizes this event, not the Men's Club as
stated. He complimented MVP on the operation of the golf course,
and spoke on the subject of volunteers, stating that they are essential
to the running of the tournaments. Mr. Costello spoke again later
and suggested that Council allow MVP to do their job in running the
golf course.
Rick Cannella, 2007 Baltra Place, Costa Mesa, observed that the
reservation system, as it applies to the general public, was not
adequate because of ' tournaments and special interest groups,
especially during the weekend. He pointed out that the City Council
and MVP spent months negotiating a contract to operate the golf
'course, and the contract addresses the reservation system,
'specifically prohibiting any special interest group from having
particular starting times assigned to them and calling out certain
'hours and days for . this type of play. Mr. Cannella spoke later
'during this item regarding the MVP contract with the City, stating
it does address the issues of equal play for citizens, special interest
groups, and tournaments; however, the contract is not being
enforced.
James Angus, 1834 Pomona Avenue, Costa Mesa, registered
;surprise at discovering: that the new rules prohibited the discount rate
on golf carts before 10:00 a.m. The Assistant to the City Manager
;responded that this occurred in an attempt to bring the golf cart rate
in line with the senior reservation discount rate which applies after
10:00 a.m. Mr. Angus stated that Mesa Linda was said to be the
senior citizen's golf course, and there had never been any
restrictions like this before. Mr. Angus spoke a second time
regarding Mesa Linda Golf Course, stating that previously, it was
open all day at the discount rate, and the discount golf cart rate
,applied at any time..
'Richard S. McLaughlin, 1010 Damascus Circle, Costa Mesa, also
spoke on the golf cart reservation policy which he believed to be
blatantly discriminatory against seniors, pointing out that many
seniors are required to use golf carts and prefer to tee -off early in
'the morning. He also objected to elimination of the senior discount
card, stating that the card was positive revenue to the City. He then
addressed the Los Lagos reservation policy, stating that the current
policy restricts two seniors from making a reservation a week ahead
of time to golf together. Mr. McLaughlin spoke again later during
this item, and addressed the fee increase of $2.00 effective July 1,
1993.
Also speaking on the policy regarding golf cart rental were Costa
Mesa residents Nathaniel Robins, 2337 Richmond Way; and Elvin
Hutchison, 425 Merrimac Way, Apt. D112.
Dan Worthington 2963 Mindanao Drive, Costa Mesa, described an
article in The Register on April 16, 1993, which dealt with golf
courses in Orange County, reporting that there are 882 people for
each hole of golf which is 48 :percent below the national average;
however, the average price to play on. the weekend on the new
courses which are opening in Orange County exceeds $75.00. He
stated that currently, there is no equal access to the golf courses in
Costa Mesa.
John Williams, 168A Albert Place, Costa Mesa, commented on the
improved conditions at the golf course but felt that a computerized
reservation system would be an asset. He also requested that he, as
an individual, be allowed to -play on the weekends which are not
available at this time because of tournaments and time reserved for
special interest groups.
Don Gott, 953 Dahjia Avenue, Costa Mesa, stated that the golf
course property was 'acquired for the express purpose of providing
recreational facilities for Costa Mesa residents, and suggested
reconsideration of the elimination of the senior citizen monthly golf
fees.
Ed Keane, 2777 Lorenzo Avenue, Costa Mesa, reported that the
senior citizen rate at Los Lagos does not start at 10:00 a.m. but is
available before 8:00 a.m., and increasing the rates for seniors is
encroaching on their privileges. He spoke again later asking why a
senior could play before 8:00 a.m. at the discounted rate but the golf
cart rate would not be discounted.
Tom DeMars, President ' of the Costa Mesa Men's Club, 20891
Spindrift Lane, Huntington Beach, clarified that the Men's Club
does utilize the 8:00 a.m. to 10:00 a.m. time slot on Saturday;
however, other golfers can obtain tee times on Saturdays. He stated
that 30 percent of the membership reside in Costa Mesa, with 28
percent residing in the adjacent communities of Fountain Valley,
Huntington Beach, and Newport Beach.
Scott Henderson explained that current practice at Los Lagos Golf
.Course is that senior citizens may walk-up but not make a
reservation between the hours of 8:00 a.m. and 10:00 a.m.; they can
play on a reservation and/or walk-up after 10:00 a.m. but only one
senior rate is available for any one reservation. Regarding Mesa
Linda Golf Course, he reported that seniors are allowed to play with
a reservation or walk-up at any time of the day. Referring to Page
19 of the Agenda Report, the Assistant to the City Manager stated
that changes reflect the decisions that were made at the Council
meeting of February 1, 1993, regarding the senior citizen discounts.
MOTION A motion -was made by Mayor Genis, seconded by Vice Mayor
City Championship Humphrey, to continue the policy as stated in the Agenda Report for
Policy Approved the City.,:,Championship Tournament, and to use every option for
reducing costs. Vice Mayor Humphrey requested that Option No.
1 be revised to reflect the use of not more than 45 volunteers, and
the Mayor accepted that amendment.
Mayor Genis restated the motion as follows: That complimentary
rounds will be reduced to not to exceed 45; that the courses would
be permitted to be open following the completion of all tournament
starts; and that the subsidy will be eliminated and any remaining cost
will be split between the City and Mesa Verde Partners. The motion
carried 5-0.
Vice Mayor Humphrey pointed out that the complimentary rounds
should take place during the week, when golf play would normally
be discounted, to not conflict with paying customers.
MOTION/Junior A motion was made by Council Member Hornbuckle, seconded by
TournamentApproved Council Member Buffa, and carried 5-0, to conduct the Junior
Tournament as outlined in the Agenda Report, Attachment 1,
including Option 1; eliminating Option 2 to reflect that fivesomes
will not be required; Option 3, splitting the cost of the tournament
between the City and MVP; Option 4, raising the tournament fee
from $20.00 to $25.00; and requesting the tournament sponsors to
investigate options for providing souvenirs at a lower cost than the
$800.00 for tee shirts.
MOTION 'A motion was made by Council Member Buffa, seconded by Council
City/State/Chamber Member Humphrey, and carried 5-0, retaining the City/State/
TournamentApproved Chamber of Commerce Tournament on a self-supporting basis.
MOTION/Approved A motion was made by Council Member Buffa, seconded by Council
Toys for Fairview Member Humphrey, and carried 5-0, retaining the Toys for
Tournament Fairview Tournament on a self-supporting basis.
MOTION Regarding the buy-out of MVP equipment when their lease expires,
Negotiations for Buy- a motion was made by Council Member Erickson, seconded by
Out Approved Mayor Genis, and carried 5-0, directing staff to negotiate a suitable.
reimbursement 'to the City, directing the City Manager to proceed
with negotiations, and continuing this item for 30 days (May 17,
1993, meeting).
Motion to Approve A motion was made by Council Member Buffa, seconded by Mayor
Los Lagos Senior Genis, to approve the policy for expansion of Los Lagos senior
Discounts Died discounts which is currently in place, that is, 50 percent of the
prevailing rate; no senior reservations accepted between the hours of
8:00 a.m. and 10:00 a.m.; no restrictions on Mesa Linda; walk-ons
,to be accommodated on either course at anytime when possible; and
increasing the senior discount to two per foursome. Mayor Genis
withdrew her second, and Vice Mayor Humphrey then seconded the
motion. Council Member Buffa clarified that the application of
discounts would be weekdays only.
SUBSTITUTE A substitute motion was made by Mayor Genis, seconded by Council
MOTION Member Hornbuckle, and carried 5-0, to allow senior reservations
Los Lagos Senior to be made at the reduced rate on Los Lagos weekdays after 10:00
Discounts Approved a.m.; regardless of the rate being paid, if the time is appropriate,
everyone will have the same rank and privileges; to allow two senior
discounts per foursome on Los Lagos, unlimited per foursome on
Mesa Linda; one reduced rate round of play per day; and clarifying
that walk-ons may obtain the reduced rates at other times not
specified with the exception of weekends and holidays.
MOTION On motion by Council Member Hornbuckle, seconded by Council
Senior Age of 60 Member Buffa, and carried 5-0, the senior citizen age of 60 years
Accepted was accepted.
Council Member Buffa expressed his desire that in the future,
decisions regarding nuances of golf policies be left to MVP.
MOTION/MVP to On motion by Council Member Humphrey, seconded by Council
Decide Preferred 'Member Hornbuckle, MVP was authorized to make decisions
Starting Times regarding preferred starting times, and in the event preferred starting
times are -provided, the findings of public benefit include the club's
volunteers assist with tournaments, assist in policing the course, and
provide consistent revenue for green fee purposes and in food
service .and pro shop area. The motion carried 4-1, Council
Member Erickson. voting no.
Council 'Member Erickson did not support the motion because
although he.agreed that the Men's and Women's Clubs provide a
good service to the course and the community, he could not condone
. allotting them the prime time slot from 8:00 a.m. to 10:00 a.m. on
Saturdays.
Council Member Hornbuckle stated that although her husband is a
Men's Club member, the City Attorney advised her that there is not
a conflict of interest on this issue.
Motion to Approve A motion was made by Council Member Buffa, seconded by Council
Revisions to Golf Member Erickson;:, to , approve the revisions to the Golf Course
Course Manual Manual as proposed in Attachment 3 of the Agenda Report,
Withdrawn correcting the first sentence of Paragraph 12 on Page 11; and
changing Newport Harbor School to Newport -Mesa Unified School
District, in the first paragraph under Student Rates on Page 20; and
deleting Item k under Section G. Holiday Schedule on Page 14.
After discussion, Council Member Buffa withdrew his motion.
MOTION A motion was made by Mayor Genis, seconded by Council Member
Approve Amended Erickson, to approve the revisions to the Golf Course Manual and
Manual modifications as proposed in the previous motion, with the addition
of limiting Saturday tournaments to only once per month. (See
substitute motion.)
SUBSTITUTE A substitute motion was made by Vice Mayor Humphrey, seconded
MOTION by Council Member Hornbuckle, to include the above approval of
Golf Course Manual the Golf Course Manual revisions, excluding the Saturday
Revisions Approved tournament limitation; including a limitation that tournament tee
times would begin after 11:00 a.m. on weekends, and 10:00 a.m. or
11:00 a.m. on weekdays; and prohibiting tournaments on both Los
Lagos and Mesa Linda Golf Courses simultaneously, except for the
City Championship Tournament. The motion carried 4-1, Council
Member Erickson voting no.
Council Member Humphrey remarked that he would like input from
the public regarding the workability of these restrictions. Scott
Henderson stated that a rate increase is not proposed for July, 1993.
Mayor Genis clarified that on Page 20 of the Agenda Report, in
accordance with the policy that was adopted, whenever a senior
plays on a reduced fee as either a walk-on or as a reserved player
that the reduced golf cart rental would apply.
NEW BUSINESS The Deputy City Clerk presented the annual report on the status of
Report on 1990 the implementation, of the 1990 General Plan, pursuant to
General Plan Government Code. Section 65400. The Deputy City Manager/
Implementation Development Services reviewed the Agenda Report dated April 12,
1993.
MOTION/Annual On motion by Council Member Hornbuckle, seconded by Vice
Report Received Mayor Humphrey, and carried 5-0, the annual report was received
and Processed and processed.
RECESS The Mayor declared a recess at 10:55 p.m., and the meeting
reconvened at 11:00 p.m.
v B
Council Member Buffa was absent from the Chambers during
'discussion of the next item.
NEW BUSINESS The Deputy City Clerk presented a request to appoint one Director
Appointment to ;and two Alternate Directors to the Board of the Central Orange
Fixed Guideway County Fixed Guideway Agency. The City Manager referred to his
Agency ,Agenda Report dated 'April 15, 1993, which summarizes this item.
MOTION A motion was made by Council Member Erickson, seconded by
Buffa, Hornbuckle, 'Vice Mayor Humphrey, to reappoint Council Member Buffa to the
and Morris ;position of Director, and Council Member Hornbuckle and Public
Reappointed ;Services Director William Morris as Alternate Directors. The
;motion carried 4-0, Council Member Buffa absent.
'Council Member Buffa returned to the Chambers at 11:00 p.m.
NEW BUSINESS The Deputy City Clerk presented an ordinance amending Chapter
Graffiti Ordinance ;VII -1/2 of Title 11 of the Costa Mesa Municipal Code pertaining to
unlawful graffiti. A communication was received from Ed Fawcett,
;President of the Costa!Mesa Chamber of Commerce, stating that the
Chamber has not as yet taken a formal position regarding the
;ordinance. The City Attorney reviewed his Report No. 93-26 dated
;April 13, 1993, highlighting the key provisions.
Vice Mayor Humphrey expressed concern regarding the penalties,
,stating that it would be more appropriate to have the offender
remove the graffiti rather than a imposing a fine, or imprisonment.
:The City Attorney suggested adding this condition to the ordinance
,before second reading.
;John Feeney, 1154 •Dorset Lane, Costa Mesa, stated he was
appreciative of the City's taking action on graffiti; however, he
objected to the amount of space in the ordinance which addresses
.punishing the victims. He suggested raising the reward for graffiti
information to $1,000.00, and installing permanent signs in English
and Spanish at the entrances to the City explaining the reward.
MOTION ; On motion by Council Member Hornbuckle, seconded by Council
Ordinance 93-10 'Member Buffa, and carried 5-0, Ordinance 93-10, AN
Given First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING CHAPTER VII -1/2
OF TITLE 11 OF THE COSTA MESA MUNICIPAL CODE
PERTAINING TO UNLAWFUL GRAFFITI, was given first
reading and passed to second reading with the following changes:
Page 8, Section 3, Line 7, to read, "Said surface or surfaces may be
required to be retrofitted, at the cost of the property owner of said
lot..." eliminating the phrase "not to exceed a total cost of $500.00";
;amending Section 11-144, Page 4, Line 5, to read, "...except as they
may be used in ' lawful activities."; including Vice Mayor
Humphrey's previous 'suggestion regarding Section 11-146, Penalties
'for Violations, on Page 5; Section 11-147, Page 6, revising the
;reward from $500.00 to $1,000.00 for information leading to the
arrest and conviction � of any person for violation of Penal Code
Section 594, with a not to exceed $2,000.00 per violation; and 11-
146(2), Page 6, Line 3, deleting "nor more than eighty (80) hours:"
The City Attorney clarified that the reward would be given only if
the information directly resulted in the conviction of the individual
defendant. He also stated that in the interim he would be
researching whether or not the increase in reward money would
violate the penalty provisions of the Civil Code.
.r
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NEW BUSINESS The Deputy City Clerk presented a request from Vice Mayor
Terms of Office Humphreyto amend Planning Commissioners' terms of office. Vice
Mayor Humphrey withdrew the request.
NEW BUSINESS The Deputy City Clerk presented a resolution requested by Vice
Hate Crimes Mayor Humphrey opposing hate crimes. The Vice Mayor stated
that this resolution is germane to the times we live in now, reviewed
the City Manager's Agenda; Report April 15, 1993, and his
objectives, in creating this resolution. He stated that this is an
opportunity to make a_ statement of public policy.
Ernie Feeney, 1154 Dorset Lane, Costa Mesa, disagreed with the
concept that gang crimes are "hate crimes", provided the Federal
Bureau of Investigation definition, and received Vice Mayor
Humphrey's personal definition. Ms. Feeney read a prepared
statement which addressed her opposition to the existing resolution
and suggested a resolution against crime of any kind.
John Feeney, 1154 Dorset Lane, Costa Mesa, also supported the
resolution against crime in general which he stated would benefit
every person and group in Costa Mesa except criminals.
MOTION A motion was made by Council Member Buffa, seconded by Mayor
Do Not Adopt Genis, to not adopt the proposed resolution. (See substitute motion.)
Resolution Vice Mayor Humphrey pointed out that this resolution is designed
to call attention, through policy, to a problem that is growing within
the community. Council Member. Hornbuckle supported the
resolution because she stressed it is incumbent on public officials to
take a strong stand against crime, and particularly crimes perpetrated
against people simply ' because they belong to a certain class.
Council Member Buffa expressed the opinion that civility cannot be
legislated, and made note that this type of crime did not seem to be
a problem in this City.
SUBSTITUTE
A substitute motion was made by Vice Mayor Humphrey, seconded
MOTION
by Council Member Hornbuckle, to adopt Resolution 93-33, A
Resolutions 93-33 .
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
and 93-34 Adopted
COSTA MESA, CALIFORNIA, CONDEMNING HATE CRIMES
AND CALLING FOR EFFORTS TO INCREASE UNDER-
STANDING AND RESPECT AMONG ALL ORANGE COUNTY
RESIDENTS, amending Page 1, after the 2nd whereas, to read,
"...religious persuasions, political ideologies, race, age groups,
economic groups, and sex"; after the 4th whereas, to read, "...basis
of culture, ethnicity, religious beliefs, economic status, political...
changing Page 2, Line 2, from "or choice" to "or ideology"; and to
adopt Resolution 93-34, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
OPPOSING ANY CRIMES -AGAINST PERSONS OR PROPERTY.
The substitute motion carried 372, Council Members Genis and
Buffa voting no.
CITY ATTORNEY
REPORTS/Request
The City Attorney requested a closed session pursuant to
for Closed Session:
Government Code Section 54956.8, 54956.9(a), 54956.9(b)(1),
Wickes Furniture;
54957, and 54957.6, to discuss the following items: Continued from
Helen Cowley; Staf-
the meeting of April 5, 1993, negotiations regarding Wickes
fing Levels for
Furniture property; Settlement request concerning the claim from
Employees; and
Helen Cowley; and Staffing levels for employees under fiscal year
Henry 'N Harrys
1993-94 budget and related negotiations with Costa Mesa City
Goat Hill Tavern v.
Employees Association, Firefighters - Association, and Police
City, OCSC Case No.
Association. He reported that there was no need for a closed session
64-49-19
regarding Robert Ziemer, doing business as Henry 'N Harrys Goat
• f '
IOU
:Hill Tavern v. City of Costa Mesa, Orange County Superior Court
!Case No. 64-49-19. The Mayor announced that closed session
:would be held at the close of regular business.
COUNCILMEMBER ;Council Member Hornbuckle thanked those who attended the
COMMENTS ;Volunteer Day recognition at Triangle Square on Saturday, April 17,
Volunteer Day ! 1993.
Veterans of Foreign :Vice Mayor Humphrey thanked those who attended the Saturday
War's Breakfast !breakfast sponsored by the Veterans of Foreign Wars at the Senior
!Center.
Park Cleanup Day ;Mayor Genis thanked the Police for their efforts regarding the
potential outcome of the Rodney King trial. She announced the Park
;Cleanup Day at Canyon Park, Saturday, April 24.
ADJOURNED TO ;At 12:05 a.m., the Mayor adjourned the meeting to a closed session
CLOSED SESSION iin the first floor conference room to discuss the items under City
:Attorney Reports.
MEETING ;The Mayor reconvened the meeting at 1:20 a.m., and the action
RECONVENED taken during closed session was announced.
MOTION/Wickes ;Regarding the Wickes Furniture property negotiations which had
Property Negotia- been continued from the meeting of April 5, 1993, by a vote of 5-0,
tions Suspended :the City Attorney was authorized to suspend property negotiations,
;and the City Manager. was authorized to suspend the project.
MOTION/Cowley 'Regarding the settlement request concerning the claim from Helen
Settlement Approved Cowley, by a vote of 5-0, the City Attorney was authorized to settle
;the claim in the amount authorized in his confidential memorandum
dated April 13, 1993.
MOTION/Directions ;Regarding staffing levels for employees under fiscal year 1993-94
Given for Employee ibudget and related negotiations with Costa Mesa City Employees
Staffing Levels ;Association, Firefighters Association, and Police Association, by a
;vote of 5-0, the City Manager was given directions.
ADJOURNMENT
'The Mayor declared the meeting adjourned at 1:25 a.m.
Mayor of the City of Costa Mesa
ATTEST:
Deputy City Verk of .the City of Costa Mesa