HomeMy WebLinkAbout05/03/1993 - City CouncilMAY 3, 1993
The City Council of the City of Costa Mesa, California, met in
regular session May 3, 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 Dr. John Wilson, Southern California
College.
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
Deputy City Clerk Mary Elliott
MINUTES On motion by Council Member Hornbuckle, seconded by Council
April 12 and 19, 1993 Member Buffa, and carried 5-0, the minutes of the special meeting
of April 12, 1993, and the minutes of the regular meeting of April
19, 1993, were approved.
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.
PROCLAMATION Mayor Genis read a proclamation declaring the month of May as
Older Americans "Older Americans Month", and Council Member Hornbuckle
Month presented the document to Lawrence and Beryle Halvorsen,
accepting on behalf of the Costa Mesa senior community. Marie
Maples said a few words about the Halvorsens, and Council Member
Erickson introduced members of the Senior Citizens Committee.
Victims of Porno-
graphy and Clean Air Mayor Genis acknowledged the following: the week of May 3,
Weeks; and National 1993, as Victims of Pornography Week and Clean Air Week; and
Day of Prayer May 6, 1993, as National Day of Prayer.
PRESENTATION John LeVere and three representatives from Childs Pace and La
Police Bicycle Cueva presented. 1993 Citizens Awards to Senior Police Officers
Patrol Edward Sutton, Thomas Pipes, and Linda Matthews, for their work
on the bicycle patrol. The City Manager recognized Sergeant
Thomas Boylan, supervisor of the bicycle patrol, for his efforts in
organizing and maintaining this program.
ORAL COMMUNI- Janice Davidson, 1982 Arnold Avenue, Costa Mesa, addressed the
CATIONS issue of the Copley/Colony Cablevision rate increase, asking what
basic cable service encompassed. Council Member Buffa responded
Cable Television that this package included the commercial channels, two public
Service television channels, and all of the cable channels for which an extra
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Canyon Park fee is not charged. Ms. Davidson stated that in her area, it is
Cleanup necessary to subscribe to the cable service in order to have any
television reception. She reported that she recently attended the
Canyon Park Cleanup, and the participants did a marvelous job.
Illegal Aliens Noel Keyes, 1510 Sandcastle, no city given, reported that the
Orange County Grand Jury had recommended that cities in Orange
County, when booking a person who has been arrested, ascertain
whether or not they are illegal aliens, and if so, notify the proper
authorities. He stated that the County made a study regarding the
fiscal impact of undocumented persons, and that was estimated to be
approximately $230 million. Mr. Keyes suggested an ordinance be
adopted to comply with the Grand Jury recommendation.
Bicycle Crossing at Justin Loera, 1945 Sanderling Circle, Costa Mesa, complained about
Adams Avenue and the bicycle crossing at Adams Avenue and Albatross/Shantar Drives,
Albatross/Shantar ; stating that the signal is not functioning properly. The Public
Drives Services Director responded that this intersection had been inspected;
during peak hours, priority is given to the through traffic on Adams
j Avenue; and 95 seconds is the absolute maximum waiting time for
a signal change. Mr. -Loera clarified that only the bicycle signal was
not functioning properly, not the pedestrian signal, and the City
Manager suggested a site visit to clarify the situation.
Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, suggested checking the
signal located on Industrial Way at Superior Avenue which is not
functioning properly. He stated he is representing a woman who
bought a piece of property, represented to be a triplex but in
actuality may be regarded a duplex, and Code Enforcement is now
involved because she is trying to rent the third unit. He next
reported that local businesses, due to the times, are cutting back at
the top, and suggested that the City might consider doing the same.
CONSENT The following items were removed from the Consent Calendar:
CALENDAR Item 12, Budget Adjustment No. 93-30 for improvements to Main
Street and Sunflower Avenue through the CENTROCCS Funding
Program; and Item 13, Negotiating agreement with Civic Center
Barrio Housing Corporation, to negotiate an Affordable Housing
Agreement.
MOTION/Approved On motion by Council Member Buffa, seconded by Council Member
Except Items 12 Hornbuckle, and carried 5-0, the remaining Consent Calendar items
and 13 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: Corinne Beacham -Greene;
Mary Jane Marineau; Phyllis McAdoo; Edwin D. Newton;
three from Ernest H. Pfadenhauer; and Robert Richell.
Alcoholic Alcoholic Beverage Licenses for which parking has been
Beverage approved by the Planning Staff- Marzieh Bagheritari, doing
Licenses business as Orchid Restaurant, 3033 South Bristol Street, Suite
D; Blanca and Ramon Burciaga, doing business as Cinco De
Mayo, 3013 Harbor Boulevard; Vernon Friday, doing business
as King's Inn Post of the G.A., 720 Randolph Avenue; and
Peter James and Rosella Fay, doing business as Chez Fay, 670
West 17th Street, Suite G-8.
LAFCO Communication from the Local Agency Formation Commission
that a determination will be made on May 5, 1993, at 2:00
1
p.m., on proposed Costa Mesa Sanitary District Annexation No.
233, located on Sunflower Avenue east of Harbor Boulevard.
BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose from
Approved Permit Veterans of Foreign Wars, Coastline Post No. 3536, 567 West 18th
for VFW Street, Costa Mesa, by soliciting funds on May 7 and 8, 1993, was
approved pursuant to Municipal Code Section 9-127(d).
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SET FOR PUBLIC Application and proposed allocation for United States Department of
HEARING/CDBG Housing and Urban Development Community Development Block
Hearing Set for Grant (CDBG) funding. for fiscal year 1993-94, was set for public
May 17, 1993 hearing on May 17, 1993, at 6:30 p.m., in the Council Chambers
of City Hall.
WARRANTS
Warrant 1544/Pay- Warrant Resolution 1544, funding City operating expenses. for
roll 9307 Approved $978,968.78, and Payroll 9307 for $1,090,746.87, were approved.
REJECTED CLAIMS The following claims were rejected:
Foster Claim from Brian Foster (windshield damage due to roadway
debris).
Lindhardt Claim from Inge Lindhardt (broken window caused by
baseball).
Pollock Claim from Bill Pollock (damage to vehicle caused by a metal
sign in roadway).
Harris Claim from Heather Harris (injury resulting from traffic
accident on Newport Boulevard).
ADMINISTRATIVE Asbestos Removal and Demolition at 170 and 212 Del Mar Avenue
ACTIONS and 523 .Hamilton Street, Project No. 93-04, was awarded to
Project No. 93-04 Barsotti's, Inc., 11936 Altamar Place, Santa Fee Springs, for
Awarded to Barsotti's $30,962.00.
Work Accepted for... Painting of Fire Station No. 1 and the. -Mesa Verde Library, Project
Painting Fire 92-19, was completed on March 23, 1993, to the satisfaction of the
Station No. 1 and Public Services Director by E. Bitsakis Painting Company, 1096 Via
Mesa Verde Library, Cordova, San Pedro. The work was accepted; the Deputy City
Project No. 92-19 Clerk was authorized to file a Notice of Completion; authorization
was given to release retention funds 35 days thereafter; the Labor
and Material Bond was ordered exonerated 7 months thereafter; and
the Performance Bond was ordered exonerated 12 months thereafter.
Work Accepted for Traffic Signal Modification, Newport Boulevard at 18th
Traffic Signal Modi- Street/Rochester Street, Project No. 92-08, was completed on
fication, Project February 19, 1993, to the satisfaction of the Public Services Director
No. 92-08 by Superior Signal Service Corporation, 7224 Scout Avenue, Bell
Gardens. The work. was accepted; the Deputy City Clerk was
authorized to file a Notice of Completion; authorization was given
to release retention funds 35 days thereafter; the Labor and Material
Bond was ordered exonerated 7 months thereafter; and the
Performance Bond was ordered exonerated 6 months thereafter.
Site Specific Agree- Site-specific Agreement No. 1 with the Newport -Mesa Unified
ment No. 1 Approved School District, Post Office Box 1368, Newport Beach, in
accordance with the 1992 Joint Use Agreement, was approved; and
the Mayor was authorized to sign on behalf of the City.
Budget Adjustment Item 12 on the Consent Calendar was presented: Budget Adjustment
No. 93-30 for i No. 93-30 for $284,170.00, to provide adequate appropriation, for
Improvements to improvements to Main Street and Sunflower Avenue through the
Main Street and CENTROCCS Funding Program as a joint project with the City of
Sunflower Avenue Irvine. Sid Soffer,, 900 Arbor Street, Costa Mesa, asked for
clarification of this item. The Public Services Director explained
that CENTROCCS is a program set up amongst cities in the South
Coast Metro area to provide a means whereby cities could pool
resources and provide funds to be allocated for improvements which
cross city boundaries. He clarified for Mr. Soffer that
CENTROCCS is no longer in existence, and this may be the last
MOTION project. On motion by Council Member Hornbuckle, seconded by
Adjustment Approved Vice Mayor Humphrey, and carried 5-0, the adjustment was
approved.
Negotiating Agree- ; Item 13 on the Consent Calendar was presented: Negotiating
ment with Barrio
agreement with Civic, Center Barrio Housing Corporation (CCBHC),
Housing Corp.
431 South Bristol Street, Suite 6, Santa Ana, to negotiate, along with
the City, an Affordable Housing Agreement which will provide
Acquisition and
HOME financial assistance to CCBHC for acquisition and
Rehabilitation of
rehabilitation of existing residential rental property to be restricted
Existing Residential
for affordable housing purposes. In addition, the City Manager was
Rental Property
authorized to negotiate with Orange County Housing Corporation if
negotiations with CCBHC fail. Sid Soffer, 900 Arbor Street, Costa
Mesa, requested an explanation of the City's involvement in
subsidizing this low-cost housing project. The City Manager replied
that this item is a follow-up action on an application the City has
made for available Federal funding for rehabilitation of existing
housing; and when the details for the program have been finalized,
MOTION
i Mr. Soffer will receive a full report. On motion by Vice Mayor
Agreement Approved
Humphrey, seconded, by Council Member Erickson, and carried 5-0,
the agreement was approved, and the Mayor and the Deputy City
Clerk were authorized to sign on behalf of the City.
PUBLIC HEARING
The Deputy City Clerk announced that this was the time and place
General Plan Amend-
set for the public hearing to consider a resolution adopting General
ment GP -93-02
Plan Amendment GP -93-02, amending the 1990 General Plan
regarding policies fo'r construction of circulation improvements in
Transportation
conjunction with new development. Environmental Determination:
System Management
Negative Declaration; and an ordinance amending Title 13 of the
Costa Mesa Municipal Code regarding Transportation System
Management Procedures. The Affidavits of Publication are on file
in the City Clerk's office. No communications were received. The
Deputy City Manager/Development Services reviewed the Agenda
Report dated April 26, 1993. In response to a question from the
Mayor, regarding Section 13-324(b), Development Project, he stated
that the only type of building permit which is not listed would be
that for a single-family home; every other project would require
either a development'review, use permit, specific plan, and the like.
He also summarized the additional Agenda Report, prepared in
response to questions from the Mayor, dated May 3, 1993.
Sid Soffer, 900 Arbor Street, Costa Mesa, commented on the traffic
management plan, stating that South Coast Plaza is the major traffic
causing project in this City.
There being no other;speakers, the Mayor closed the public hearing.
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MOTION/Resolution On motion by Vice Mayor Humphrey, seconded by Council Member
93-35 Adopted; Hornbuckle, and carried 5-0, Resolution 93-35, A RESOLUTION
Ordinance 93-11 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
Given First Reading CALIFORNIA, AMENDING THE CITY OF COSTA MESA 1990
GENERAL PLAN AS SPECIFIED IN GP -93-02, was adopted; the
DeMinimis Finding and Negative Declaration were adopted; and
first reading was given to, Ordinance 93-11, AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA
MUNICIPAL CODE IN REGARDS TO THE TRANSPORTATION
SYSTEM MANAGEMENT PROCEDURES, including staff s
recommended changes per the Agenda Report dated May 3, 1993,
and deleting Section 13-326(e)(2), last paragraph on Page 18.
(Second reading and adoption of the ordinance will be scheduled for
May 17, 1993.)
PUBLIC HEARING The Deputy City Clerk announced that this was the time and place
Development Phasing set for the public hearing to consider a Development Phasing and
and Monitoring Monitoring Program in conformance with County Measure "M"
Program funding eligibility requirements. Environmental Determination:
Exempt. The Affidavit of Publication is on file in the City Clerk's
office. No communications were, received. The Deputy City
Manager/Development Services summarized the Agenda Report
dated April 11, 1993.
Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the annual
cost of the program, an estimated $25,000.00 to $30,000.00, asking
what duties would be involved for the person conducting the study.
The Deputy City Manager/Development Services answered that to
comply with Measure M, an annual inspection is required to ensure
that each intersection impacted by current projects does not exceed
Level of Service D, which is 90 percent of capacity, and this cannot
be done in-house.. Mr. Soffer suggested that a good portion of this
monitoring is already being done.
There being no other speakers, the Mayor closed the public hearing.
MOTION On motion by Council Member Hornbuckle, seconded by Council
Resolution 93-36 Member Erickson, and carried 5-0, Resolution ' 93-36, A
Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ADOPTING A DEVELOPMENT
PHASING AND PERFORMANCE MONITORING PROGRAM,
was adopted.
OLD BUSINESS The Deputy City Clerk presented from the meeting of April 19,
Rezone Petition 1993, second reading and adoption of Ordinance 93-9, adopting
R-93-01 Rezone Petition R-93-01, changing the zoning of properties to
zoning consistent with the 1990 General Plan. (Site K was
excluded.)
Sid Soffer, 900 Arbor Street, Costa Mesa, asked if property owners
had been notified of the impending rezone. The Deputy City
Manager/Development Services responded that prior to the first
reading of the ordinance on April 19, 1993, all property owners
within this rezone area and those within 300 feet received written
notification; and in addition, legal notice was provided in the
newspaper giving the hearing date and time. Mr. Soffer referred to
Exhibit A of the ordinance, Page 5, asking if property was being
split with one-half designated C1 and the other half designated R2.
The Deputy City Manger responded in the negative. Council
Member Hombuckle clarified that the property was being rezoned
171.-
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MOTION to match existing . usage. On motion by Council Member
Ordinance 93-9 Hornbuckle, seconded by Vice Mayor Humphrey, and carried 5-0,
Adopted Ordinance 93-9, AN. ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING
REZONE PETI-TION R-93-01, CHANGING THE ZONING OF
PROPERTIES TO ZONING CONSISTENT WITH THE 1990
GENERAL PLAN, was given second reading and adopted.
OLD BUSINESS The Deputy City Clerk presented from the meeting of April 19,
Graffiti 1993, second reading and adoption of Ordinance 93-10, amending
Chapter VII -1/2 of Title 11 of the Costa Mesa Municipal Code
pertaining to unlawful graffiti; and City Attorney's Report No.
93-26C. A communication was received from Ed Fawcett, Costa
Mesa Chamber of Commerce, supporting the proposed changes to
the graffiti ordinance' with two requests: That violators be dealt with
as swiftly as possible; and that reconsideration be given to property
owners who have been victimized. The City Attorney reported that
the changes requested at first reading have been incorporated.
MOTION On motion by Council Member Hornbuckle, seconded by Vice
Ordinance 93-10 Mayor Humphrey, and carried 5-0, Ordinance 93-10, AN
Adopted 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 second
reading and adopted.
The City Manager stated that the City will work with the Chamber
of Commerce and the Downtown Business Association to circulate
this ordinance to the business community. Vice Mayor Humphrey
expressed his desire for the City Attorney to forward a letter to the
courts .asking that the standards outlined for dealing with minors be
applied to adults as well.
CITY MANAGER The City Manager presented a resolution authorizing the privati-
REPORT zation of various City programs. He summarized the Agenda Report
dated April 26, 1993, explaining that there are other areas under
Privatization of consideration for privatization, and the prime concern is to reduce
Various City the cost of operation;, however, it is possible to rescind these actions
Programs if they are not cost effective. He stated that salaries and benefits are
70 percent of the City's budget, and a report on other positions
subject to privatization will be presented to Council along with the
budget throughout the balance of May and into June.
Sid Soffer, 900 Arbor Street, Costa Mesa, stated that he has always
maintained that if the City were experiencing budgetary problems,
the City staff would not only refuse a pay increase but take a cut, if
necessary. He commented that it is essential for the economic
security of the City - to _increase sales tax revenue, and suggested
loosening the restrictions on small businesses. The City Manager
replied that the City is participating in business roundtable
discussions, along with the Chamber of Commerce, to improve
relations with small businesses.
MOTION On motion by Council Member Erickson, seconded by Vice Mayor
Resolution 93-37 Humphrey, and carried 5-0, Resolution 93-37, A RESOLUTION OF
Adopted + THE CITY COUNCIL OF THE CITY .OF COSTA MESA, CALI-
FORNIA, AUTHORIZING THE CITY MANAGER TO GIVE
NOTICE TO EMPLOYEES SUBJECT TO CONTRACTING OUT
OF CITY SERVICES, was adopted.
COUNCIL Council Member Erickson reported that the City received a draft
COMMENTS copy of a preliminary report on the Santa Ana River Crossing Study
Santa Ana River regarding deletion of the 19th Street and Gisler Avenue bridges, and
Crossing Study the downgrade of East 19th Street. He stated that after many
months of work by the citizen's committee and the City, the results
are encouraging. He commented that Mayor Genis would be
forwarding a letter in support of the study, emphasizing the desire
that the original objectives of deleting the proposed bridges and
downgrading of East 19th Street be met. He stated that there would
be public hearings before the County Planning Commission and the
Board of Supervisors sometime this summer.
Taste of Costa Mesa Council Member Hornbuckle announced that "Taste of Costa Mesa"
would take place in 'the Town Center area the weekend of May 14,
15, and 16.
Economic Problems Mayor. Genis statedthat the City's current economic problems were
due to the general\ economic state of the Country and the recession;
however, hopefully the cutbacks at the local level will be carried
Canyon Park Cleanup over to the State and Federal level. She thanked those who
participated in the Canyon Park Cleanup Day.
ADJOURNMENT The Mayor declared the meeting adjourned at 8:15 p.m.
o
Mayor of the City of Costa Mesa
--ATTEST:
"Deputy Ci Clerk of the City of Costa Mesa