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Home My WebLink About07/19/1993 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 19, 1993 The City Council of the City of Costa Mesa, California, met in regular session July, 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. the Reverend Ken Dutro, j Newport Mesa Christian Center. ROLL CALL Council Members Present: Mayor Sandra Genis Vice Mayor Jay Humphrey Council Member Mary Hornbuckle Council Member Peter Buffa COUncfl Member Jay Humphrey Council Members. Ab'sent:" 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 Buffa, seconded by Council Member July 6, 1993 Erickson, and carried 5-0, the minutes of the regular meeting of July 6, 1993, were approved as distributed. ORDINANCES AND A motion was made by Council Member Buffa, seconded by Council RESOLUTIONS Member Erickson, and carried 5-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, chairperson of the CATIONS i Costa Mesa Transportation Alternative Study Group, stated that the final draft has been: completed on proposed alternatives to the Transportation bridges across the Santa Ana River. He requested that this draft be Alternative Study presented by the Transportation Services Manager at the Council's Group August 9, 1993, Study Session. The Public Services Director stated that final comments on the preliminary report will be available from County agencies by July 28, 1993. The City Manager reported that a meeting will be held at that time with the County's Policy Advisory Committee who will oversee the project. CONSENT On motion by Council Member Buffa, seconded by Vice Mayor CALENDAR Humphrey, and carried 5-0, all Consent Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Steven E. Gray; Carol Hendricks; Maria Lazaruk; George Lazaruk; Laura Masotti and Richard Cardenas; ' Paul Pi; and Rachelle Ruiz. ' +x:25 SET FOR PUBLIC Resolution providing for the increase of user fees for use and HEARING/Hearing maintenance of athletic fields, and a policy for waiver of fees for use Set for August 2, of athletic fields by non -City sponsored, resident youth athletic 1993, for Athletic programs, was set for public hearing on August 2, 1993, in the Field User Fees Council Chambers of City Hall. WARRANTS Warrant 1550/Pay- roll 9313 Approved REJECTED CLAIMS Archambault/Traylor Cowing Delgado Pancake Retoski i Rogers Washer/Sandpiper Motel Warrant Resolution 1550, funding City operating expenses in the amount of $1,386,382.30; and Payroll 9313 for $1,241,407.02, were approved. The following claims were rejected: Kathe Archambault and Michael Traylor (alleged improper vehicle impound). Virgil Cowing (flooding - alleged failure of storm drain system). -_ Beth Delgado (flooding - alleged failure of adjacent drainage ditch). James Pancake (sewer lateral damaged by parkway tree roots). Denis Retoski (attorney's fees). Rose Rogers (tire damage caused by a pothole). Robert Washer/Sandpiper Motel (property damage due to Police forced entry). ADMINISTRATIVE Resolution 93-60, A RESOLUTION OF THE CITY COUNCIL OF ACTIONS THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING Adopted Resolution THE BASIC PAY SCHEDULE AND ESTABLISHING THE 93-60 Establishing RATES OF PAY FOR CLASSIFICATIONS AND EMPLOYEES Basic Pay Schedule PLACED UNDER THE BASIC PAY SCHEDULE, was adopted. Approved Agreement An agreement with Frederic R. Harris, Inc., 2500 Via Cabrillo with Frederic Harris Marina, San Pedro, for $83,538.00, for design of signal timing and for Newport Boule- hardware improvements on Newport Boulevard between Bristol vard Improvements Street and Hospital Road, was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City; and Adopted Resolution Resolution 93-61, A RESOLUTION OF THE CITY COUNCIL OF 93-61 Requesting THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING Measure M Funds THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE MEASURE M FUNDS FOR ENGINEERING SERVICES ON NEWPORT BOULEVARD FROM BRISTOL STREET TO HOSPITAL ROAD, was adopted. Approved Revised Revised Council Policy No. 300-1, Retired Employees Major Council Policy 300-1 Medical Program, was approved. Reapproved Docu- The first amendments to the license and hold harmless agreements, ments for Bristol and the second amendment to the open space easement for the Street Pedestrian Bristol Street Pedestrian Bridge were reapproved as recommended Bridge in City Attorney's Report No. 93-79, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. ,2?2 Adopted Resolution Resolution 93-62, A RESOLUTION OF THE CITY COUNCIL OF 93-62 Approving THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PA -93-22, Cassidy PLANNING ACTION PA -33-22, Brennan Cassidy, for a variance from setback requirements in conjunction with -construction of a 2,736 -square -foot medical building located at 121 East 17th Street, in a C2 zone, was adopted. PUBLIC HEARING On motion by Council Member Buffa, seconded by Vice Mayor Appeal of Business Humphrey, and carried 5-0, the following item was withdrawn in License/Mirassou compliance with the applicant's request: MOTION Continued from the meeting of June 7, 1993, appeal of the Withdrawn Planning Commission's denial of a business license from J. B. j Mirassou, Mirassou & Wegener, 116 Avenue "I", Suite 200, Redondo Beach, representing The General Council of the Assemblies of God, to establish a retail crafts facility in an industrial building at 3589 Harbor Boulevard. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Cynthia Court set for the public hearing to consider repeal of the Cynthia Court Specific Plan Specific Plan, City of Costa Mesa, located on the west side of Santa Ana Avenue, beginning 260 feet south of the center line of Wilson Street. 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 reviewed the Agenda Report dated July 14, 1993, and showed graphics of the site. Kerry Smith, Harbinger Homes, 375 Promontory Drive West, Newport Beach, stated that if the Specific Plan were not repealed, or if it were modified to include a cul-de-sac, the property being developed would be severely impacted. Sid Soffer, 900 Arbor Street, Costa Mesa, asked for an explanation of this item. The Deputy City Manager/Development Services summarized the Agenda Report again. There being no other'speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Vice Resolution 93-63 Mayor Humphrey, and carried 5-0, Resolution 93-63, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY -OF COSTA MESA, CALIFORNIA, REPEALING "CYNTHIA COURT SPECIFIC PLAN", "was adopted. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Specific Plan set for the public hearing to consider an amendment to Specific Plan SP-79-01/01A/O1A2 SP-79-01/01A/OlA2, City of Costa Mesa, to consider revisions to update language in -the Plan and to consider incentives for lot combinations. Environmental Determination: Environmental Impact Report No. 1044 adopted for the 1990 General Plan. The Affidavit of Publication is on file in the City Clerk's office. No communi- cations were received. Council Member H6rnbuckle stated that she would abstain from voting on this item because of the proximity of her home to the subject properties. The Deputy City Manager/Development Services reviewed the Agenda Report of July 8, 1993, reporting that the Planning Commission recommended that incentives be provided for lot combinations in the specific plan area in accordance with the 1990 General Plan. i L There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Erickson, seconded by Council Resolution 93-64 Member Buffa, and carried 4-0, Council Member Hornbuckle Adopted abstaining, Resolution 93-64, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING SPECIFIC PLAN AMENDMENT SP -79-01A3, WHICH AMENDS DEVELOPMENT STANDARDS AND TEXT OF SPECIFIC PLAN SP-79-01/01A/OIA2, was adopted, with the addition that the density bonus to be provided in the lot combination incentive would count towards. State -required density bonuses. OLD BUSINESS The Deputy City Clerk presented from the meeting of July 6, 1993, R-93-02; Santa Ana second reading and adoption of Ordinance 93-13, adopting Rezone Delhi Channel Petition R-93-02 for the covered portion of the Santa Ana Delhi Channel. MOTION On motion by Council Member Buffa, seconded by Council Member Ordinance 93-13 Hornbuckle, and carried 5-0, Ordinance 93-13, AN ORDINANCE Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REZONE PETITION R-93-02, ESTABLISHING ZONING FOR THE COVERED PORTION OF THE SANTA ANA DELHI CHANNEL BETWEEN S.E. BRISTOL AND SR -73, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented a request for disposition of surplus Surplus City Property City property located at the northeast corner of East 17th Street and East 17th Street/ Newport Boulevard. A communication was received from James C. Newport Boulevard Person, Jr., Attorney at Law, 507 29th Street, Suite A, Newport Beach, urging consideration of the offer submitted by Brennan Cassidy, M.D., to purchase the property. The City Manager reviewed the Agenda Report dated July 14, 1993. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Offer to Purchase Hornbuckle, and carried 5-0, the purchase offer of $605,000.00 Accepted from Brennan Cassidy, M.D., was accepted, With a direction that the proceeds be placed into a special trust fund, not the General Fund, and stipulating that the funds shall not be used for operational costs, but shall be used for purchase or use of assets. OLD BUSINESS The Deputy City Clerk presented a request to appoint a Technical Access Appeals Board Member to the Access Appeals Board. The City Manager reviewed the Agenda Report dated July 13, 1993. MOTION On motion by Council Member Hornbuckle, seconded by Vice Wright and Mason Mayor Humphrey, and carried 5-0, James Wright was appointed as Appointed a Technical Member on the Access Appeals Board, and Douglas Mason was appointed as an alternate member. OLD BUSINESS The Deputy City Clerk presented a modification to the award of Bid Bid Item No. 953 Item No. 953, Sale of Surplus Vehicles, to Cinema Vehicle Sale of Surplus Services, 14811 Keswick Street, Van Nuys. The modification Vehicles reduces the purchase price. from $58,844.00 to $56,284.00. The City Manager summarized the Agenda Report dated July 12, 1993, and the City Attorney reviewed his Report No. 93-83. MOTION On motion by Council Member Erickson, seconded by Vice Mayor Approved Modifica- Humphrey, and carried 5-0, the modification to the award of Bid tion of Bid Award Item 953 was approved. Mayor Genis noted that the bid is still over three times that of the next highest bidder. NEW BUSINESS The Deputy City Clerk presented a request from Opera Pacific to Opera Pacific Street :install 60 street banners from August 21 through September 20, Banners :1993, in the South Coast Metro area. The City Manager reviewed the request as presented in the Agenda Report dated July 13, 1993. MOTION On motion by Council Member Buffa, seconded by Vice Mayor Request Approved iHumphrey, and carried 5-0, the request was approved. NEW BUSINESS The Deputy City Clerk presented a request from United Way of United Way Banners Orange County to install 20 street banners from August 30 through October 29, 1993. The City Manager reviewed the Agenda Report dated July 13, 1993. The Mayor suggested that United Way be !advised that some of the banner locations, as shown on the map, are actually in the City of Santa Ana. Council Member Hornbuckle recommended advising applicants that there are several other streets in the City that would be desirable for placement of banners, such as Harbor Boulevard. MOTION :!On motion by Council Member Hornbuckle, seconded by Council Request Approved Member Buffa, and carried 5-0, the request was approved for those locations. within the City of Costa Mesa. NEW BUSINESS :The Deputy City Clerk presented City Attorney's Report No. 93-73 Photocopying Police and an ordinance repealing Section 2-250 of the Costa Mesa Records Municipal Code, relating to permits for photocopying of Police records. The City Attorney reviewed his report, stating that this is a cleanup action. MOTION On motion by Council Member Buffa, seconded by Vice Mayor Ordinance 93-14 ;Humphrey, and carried 5-0, Ordinance 93-14, AN ORDINANCE Given First Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING SECTION 2-250 OF THE COSTA MESA MUNICIPAL CODE RELATING TO PHOTOCOPY PERMITS, was given first reading and passed to second reading. NEW BUSINESS The Deputy City Clerk presented a request to appoint a new Planning Commis- Planning Commissioner to fill the unexpired term of Clarence sioner Appointment Clarke; and City Attorney's Report No. 93-80. The City Attorney reported that this is an' informational item prepared at the request of the City Manager. Sid Soffer, 900 Arbor Street, Costa Mesa, supported making an immediate appointment to fill the vacancy. Council Member Hornbuckle suggested that Council delay making an appointment until the staff report regarding the Transportation Commission is available this week. Vice Mayor Humphrey supported moving forward with the appointment. Council Member Buffa supported advertising for new candidates. Withdrew Motion to A motion was made by Council Member Buffa, seconded by Council Place on Agenda Member Hornbuckle,, to place on the next agenda, the question of whether or not to advertise for new candidates to fill the vacancy on the Planning Commission. After discussion, Council Member Buffa withdrew his motion. i MOTION A motion was made by Mayor Genis, seconded by Council Member Advertising Buffa, and carried 4-1, Council Member Hornbuckle voting no, to Approved advertise for applicants immediately. The City Manager clarified that the advertisement would be in the form of a public service announcement. Mayor Genis explained that previous applicants would be considered but suggested they reiterate their interest. W �r CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORTS/Request Government Code Sections 54956.9(a), 54957, and 54957.6 to for. Closed Session: discuss the following items: Rasmin Singh, a minor, by and through Singh v. City; her guardian ad litem, Gur it Singh v. City of Costa Mesa, et al, Peterson v. City; Orange County Superior Court Case No. 69 20 65; Carol Peterson Police Negotiations; v. City of Costa Mesa, et al., Orange County Superior Court Case Amburgey v. City; No. 70 24 75; Negotiations with the Costa Mesa Police Association; and Sadler Leave Amburgey v. City of Costa Mesa, et al., Court of Appeal Case No. G _ 013222, Orange County Superior Court Case No. 66 92 03; and Request for extension of leave of absence from Nancy A. Sadler. Mayor Genis announced that closed session would be held following completion of regular business. CITY MANAGER'S The City Manager thanked the Personnel Services Director for REPORT filling in for him while he was on vacation. COUNCIL Council Member Erickson referred to the Santa Ana River crossing A, t., COMMENTS study, stating that he felt the City should stand behind its earlier Santa Ana River position that the preliminary report should contain the percentage of Crossing increased trips without the bridges, not merely the _ number of additional trips. He believed that the additional trips would be a fraction of one percent. Orange County Fair Council Member Hornbuckle commented favorably on the Orange Traffic County Fair traffic, and noted that no concerts were scheduled at the Pacific Amphitheatre during major fair events. ADJOURNMENT TO At 7:40 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor Conference Room to discuss the items listed under the City Attorney's reports. MEETING The Mayor reconvened the meeting at 8:30 p.m., and the action RECONVENED taken during closed session was announced. MOTION In Rasmin Singh, a minor, by and through her guardian ad litem, ,Singh Lawsuit; Gudit Singh v. City of Costa Mesa, et al., Orange County Superior Settlement Offer Court Case No. 69 20 65, by a vote :of 5-0, Council accepted the Accepted settlement offer as outlined in the Assistant City Attorney's confidential memorandum dated July 13, 1993. MOTION In Carol Peterson v. City of Costa Mesa, Orange County Superior Peterson Lawsuit; Court Case No. 70 24 75, by a vote of 5-0, Council accepted the Settlement Offer settlement offer as outlined in the Assistant City Attorney's Accepted confidential memorandum dated July 13, 1993. Police Association; The status on negotiations with the Costa Mesa Police Association No Action Taken was received. No action was taken. MOTION In Amburgey v. City of'Costa Mesa, et al., Court of Appeal Case Amburgey Lawsuit; No. G 013222, Orange County Superior Court Case No. 66 92 03, Authorized Appellate by a vote of 5-0, the City Attorney was authorized to acquiesce to Jurisdiction appellate jurisdiction. MOTION Regarding the request from Nancy A. Sadler for an extension of her Denied Extended leave of absence, Council voted 5-0 to deny the request, finding that Leave of Absence a business necessity exists to replace the position immediately, and for Sadler that the City has an active list for that position/classification. ADJOURNMENT The Mayor declared the meeting adjourned at 8:35 p.m. Mayor of the City of Costa Mesa ATTEST: Deputy- City Perk of. the City of Costa Mesa I I