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HomeMy WebLinkAbout08/02/1993 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 2, 1993 The City Council of the City of Costa Mesa, California, met in regular session August 2, 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 Steve Iseman, First United Methodist Church. 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 Assistant City Attorney Jerry Scheer Assistant Development Services Director/Planning Manager Perry Valantine Public Services Director William Morris Redevelopment Project Manager Muriel Berman Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Buffa, seconded by Council Member July 19, 1993 Hornbuckle, and carried 5-0, the minutes of the regular meeting of July 19, 1993, were approved as distributed. ORDINANCES AND A motion was made by Council Member Buffa, seconded by Vice RESOLUTIONS Mayor Humphrey, and carried 5-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- Bud Lengtat, 432 Princeton Drive, Costa Mesa, reported on a Costa CATIONS Mesa resident on West Wilson Street whose tree in front of his property was being removed by the City without prior notice. He Tree Removal on felt it was unwise to remove mature trees. The Public Services West Wilson Street Director stated that tree removals are referred to the Parks, Recreation Facilities and Parkways Commission for review unless the removal falls within the guidelines of the tree removal policy. Transportation Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, representing the Alternative Study Costa Mesa Transportation Alternative Study Group, stated that the Group study group is anxiously waiting for their comments to be included into the final draft of the report regarding the bridges and East 19th Street. Council Member Erickson mentioned that City and County staff will meet on August 4, 1993, and the Transportation Alternative Study Group will meet on August 3, 1993. Pedestrian Crossing Anne Shereshevsky, 2152 Elden Avenue, Apt. 1, Costa Mesa, spoke at 19th Street and on the danger to pedestrians, especially senior citizens, attempting Pomona Avenue to cross at 19th Street and Pomona Avenue. The City Manager suggested that this issue be referred to the Transportation i I ' Commission for recommendations. Ms. Shereshevsky also congratulated City Council on the improvements of the handicap I parking facilities at City Hall. Water Rates I Carl Bureman, 447 Princeton Drive, Costa Mesa, referred to the Mesa Consolidated Water District budget hearings, and stated that a major portion of the increase levied on residents is not the result of the State of California taking money from the Orange County Water District. Mr. Bureman asked for Council support at the Water District meeting of August 12, 1993, to request a credit for all customers. I Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, addressed the Mesa Consolidated Water District rebate issue, commenting that many residents are on a fixed income and any rate increase would have a negative impact on their budgets. He urged Council to inquire about the necessity of a rate increase and to provide information to the public. Santa Ana River Nancy Palme, 1997 Kornat Drive, Costa Mesa, spoke on behalf of Project Noise Level the Mesa Verde Homeowners Association, stating that there has been a 70 percent reduction in noise level from the Santa Ana River Project. Mrs. Palme also wanted to know the status of the rock crusher. The Public Services Director responded that the rock crusher is being operated by Yaeger Construction Company and is now located on County property over which the City has no jurisdiction. Drug Problems Patricia Schuda, 2895 Palau Place, Costa Mesa, reported on a State law contained in the Drug and Crime Abatement handbook from the Apartment Association of Orange County which provides for closure of buildings if drug sales are occurring there. She submitted a copy of "Drug Seizure Information" to Council. CONSENT CALENDAR MOTION/Approved Except Items 6 and 8 READING FOLDER Claims WARRANTS Warrant 1551/Pay- roll 9314 Approved REJECTED CLAIMS Casica The following items were removed from the Consent Calendar: Item 6, Agreement with Southland Car Counters; and Item 8, j Purchase. Agreement ,with Beverly Grant. On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, the remaining Consent Calendar items were approved in one motion as recommended. i The following Reading Folder items were received and processed: Claims received by the City Clerk: Megan Alvarez on behalf of Maressa Alvarez, a minor; Erna Luise Dubbin; Stella Hamilton; Mid Century Insurance Company; Bun Tek, Kom Chris, and Christy Ngoy; Sandra Ortiz; Rick E. Schumacher; Southern California Edison Company; Danielle Steele Theriot, a minor, by and through her Guardian Ad Litem, Brian Theriot; and Gerald Verwolf. Warrant Resolution 1551, funding City operating expenses in the amount of $898,163.47; and Payroll 9314 for $1,321,572.89, were approved. The following claims were rejected: Lisa Casica (alleged injuries during vehicle tow). Michael D. Johnson (vehicle damaged by trench across roadway). Mascia Donald G. Mascia (alleged improper vehicle tow). Meier ,Monika Meier (vehicle windshield damaged by loose gravel in roadway). Natanbakash Bahiem Natanbakash (alleged improper vehicle tow). Rhodes Charles A. Rhodes (tires damaged by sign laying in street). Southern California Southern California Edison (underground vault allegedly damaged Edison by City's contractor). ADMINISTRATIVE Resolution 93-65, A. RESOLUTION OF THE CITY COUNCIL ACTIONS OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted Resolution CONCERNING' THE STATUS OF THE CIRCULATION 93-65 on Circulation ELEMENT FOR THE CITY OF COSTA MESA, requalifying Element the City for Orange County Combined Transportation Funding Programs, was adopted. Approved Amended The first amendment to the Franchise Agreement with Target Media Agreement with (Bid Item No. 948, Bus Shelters and Benches) was approved. The Target Media amendment assigns Target Media's interests in the project to Patrick (Bid Item 948) Media Group, a subsidiary of GE Capital, 1223 North Tustin Avenue, Anaheim. Iowa Street Storm Construction of Iowa Street Storm Drain Improvements, Project No. Drain Project 93-07 93-07, was awarded to Gillespie Construction, Incorporated, 245 Awarded to Gillespie Fischer Avenue, Suite B-3, Costa Mesa in the amount of $50,494.00. Agreement with Item 6 on the Consent Calendar was presented: An agreement with Southland Car Southland Car Counters, 901 East Santa Ana Boulevard, Suite 114, Counters Santa . Ana, for $19,140.00, to collect average daily traffic and turning movement counts. Council Member Hornbuckle reported that a correction was required for this item. The Public Services Director explained that 50 additional locations will require Average Daily Traffic (ADT) counts as detailed in the Agenda Report dated July 23, 1993, on the top of Page 2. In view of the above, the MOTION Director recommended amending the contract to add the 50 Agreement Approved locations, for a total not to exceed $23,000.00. On motion by as Amended Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, the agreement was approved as amended, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Purchase of Surplus Item 8 on the Consent Calendar was presented: A purchase City Property by agreement with Beverly Grant for acquisition of surplus City Beverly Grant property at 111 Rochester Street for $133,000.00. Vice Mayor Humphrey suggested having the proceeds of this sale deposited in the same trust fund as the proceeds from the recent sale of property MOTION at 17th Street and Newport Boulevard. On, motion by Vice Mayor Purchase Agreement Humphrey, seconded by Council Member Buffa, and carried 5-0, Approved the purchase agreement was approved; the Mayor and Deputy City Clerk were authorized to sign on behalf of the City; and disposition of the funds was authorized as recommended by the Vice Mayor. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place 1993-94 CDBG set for the public hearing for Community Development Block Grant Funding (CDBG) issues: Code Enforcement Program and award of a code enforcement contract; Reallocation of Fiscal Year 1992-93 funds and amendment of the 1993-94 CDBG fund application to HUD. The Affidavit of Publication is on file in the City Clerk's office. One i communication was received from Jan Peterson, 1996 Maple Avenue, No. 9, Costa Mesa, supporting the code enforcement program. The Redevelopment Project Manager reviewed the Agenda Report dated July 22, 1993. Discussion ensued regarding a method of receiving restitution for code enforcement costs from those property owners who are in Violation of the law. In response to Mayor Genis's question on the improvements for the property being leased by Olive Crest Treatment Centers, the Redevelopment Project Manager reported that should Olive Crest move from the site, an attempt would be made to obtain an appropriate rebate from the property owner, unless the owner rents to another agency serving low income ;persons. :Phil Morello, 1715 Samar Drive, Costa Mesa, commended the City ;for its new code enforcement efforts; however, he felt it was unfair ;for the landlord to be field responsible for code infractions caused by the tenant. Mr. Morello asked why the program targets only tenants ;of low or very low; income. Mayor Genis responded that CDBG ;funds, by statute, are limited to low and very low income areas. kris Van Allen, 691 Center Street, Costa Mesa, spoke in support of ;the code enforcement. project. She reported on a certain property !with which staff has had a problem because of the ambiguity of the 'law. Ms. Van Allen submitted photographs of the site and stated that six trucks stored in the back yard are filled with over six feet of ;trash which spills over to adjacent properties. She also mentioned that five trucks are stored in front of the site. Mayor Genis asked the City Manager to 'provide a code enforcement update for this property. Paty Madueno, 687 West 18th Street, Costa Mesa, member of the St. Joachim Parish Community Organization which represents over 2,500 families and is affiliated with the Orange County Congregation Community Organization, stated that the purpose of this organization is to unite their families to create a safe community. She reported that on March 31, 1993, over 400 residents met to focus on cleaning up the Shalimar community and she hoped that this type of program will be duplicated in other parts of the City. Eva Marin, 1780 Placentia Avenue, Apt. 20, Costa Mesa, acted as interpreter for the next two Spanish speakers. Maria Alvarez, 775 Shalimar Drive, Apt. 3, Costa Mesa, reported that the Shalimar Drive residents are tired of living in cockroach - infested apartments and want the City's help in cleaning the buildings. Francisco Moreno, 765 Shalimar Drive, Apt. C, Costa Mesa, stated his apartment building is infested with cockroaches and rats and one carport has no roof. , He reported that when the residents call the owner, it takes one to two weeks for a response. Marilyn Ashwell, 196 East Bay Street, Costa Mesa, reported that the same problems on Shalimar Drive can be found on Fast Bay Street. She stated that many Bay Street residents must drive their children to school because the children are afraid to stand at the bus stops. Ms. Ashwell commented that she has lived on Bay Street for 18 years and noticed escalating problems and neighborhood decline. r n 59235 Eva Marin, 1780 Placentia Avenue, Apt. 20, Costa Mesa, commented that. residents have. had meetings with various City officials and found that long-term strategy is needed to solve the problems in the community. She also reported that the neighborhood clean-up program was a great. success, but it did not solve the problems for. the residents in the Shalimar Drive area. Ms. Marin commended the Parks and Recreation Division for all it has done for the community. Patricia Schuda, 2895 Palau Place, Costa Mesa, stated that her tenants do not want their street to become another Shalimar Drive. Ms. Schuda commented on the ' extremely poor condition of the property at 1925 Pomona Street, and felt the only way to resolve the problem was to make the landlords comply with the codes. Shelley Egan, 2059 President Place, Costa Mesa, representing Mr. John Konwiser, owner of the Daisy Apartments at 1780 Placentia Avenue and 687 West 18th Street, Costa Mesa, stated that Mr. Konwiser is strongly in favor of Council proceeding with the Code Enforcement program. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, President of the Mesa West Homeowners Association, complimented the renters on the. west side of Costa Mesa for supporting the program. Anne Shereshevsky, 2152 Elden Avenue, Apt. 1, Costa Mesa, commended the St. Joachim Parish Community Organization for coming together as a group and speaking at the Council meeting. She reported that East Bay Street has also become a problem area. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hornbuckle, seconded by Code Enforcement Vice Mayor Humphrey, and carried 5-0, to approve the CDBG Code Agreement with Enforcement Program and award the contract to Willdan Associates,. Willdan Approved 12900 Crossroads Parkway South, Suite 200, City of Industry, in an ._amount not to exceed $44,000.00. MOTION A motion was made by Council Member Hornbuckle, seconded by CDBG Funds Vice Mayor Humphrey, and carried 5-0, to reallocate fiscal year Approved 1992-93 funds; to approve the amendment to the 1993-94 application; and to change the designation "contingency funds" to "community improvement projects". PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Appeal of PA -93-32 set for the public hearing to consider the application from Karen C. Watkins Watkins, 533 Promontory Drive East, Newport Beach, representing residents in the area of The Shark Club, appealing the Planning Commission's approval of Planning Action PA -93-32, for Jon K. Hanour, 841 Baker Street, Costa Mesa, to amend a Conditional Use Permit-(PA-89-62/PA-91-23) to,'add a dance floor to an existing billiards establishment (The Shark Club), located at 841 Baker Street in a C1 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the City Clerk's office. Communications opposed to the project were received from Cindy and Ed Ripley, 810 West Baker Street, Apt. 110, Costa Mesa; and Philip Chapirson, owner of property at 3001 Jeffrey Lane, Costa Mesa. A communication was received during the meeting from C. E. Gonser, President of Baker Plywood Company, stating .that Baker Plywood and the Shark Club have agreed to share their parking lots. The Assistant Development Services Director/Planning Manager reviewed the Agenda Report dated July 21, 1993. He responded to a question from Council Member Hornbuckle regarding police activity at the Shark Club, and stated that the summary from the Police Department shows that from August, 1992, through July, 1993, there were a total of 24 calls, 12 of which related to vehicle burglaries or thefts, and only 1 for a music -related disturbance. i Karen Watkins., 533 Promontory Drive East, Newport Beach,. the appellant, stated that her interest in the Shark Club's receiving its dance permit is that ' she will be a future property owner at 810 Baker Street. She commented that she does not want to live across the street from a night club, and felt the Shark Club should move to j an area zoned for that use. Prior to the close of the hearing, Ms. 'Watkins spoke again to emphasize her opposition to the addition of a dance floor. Jon K. Hanour, 841 Baker Street, Costa Mesa, owner of the Shark Club, stated that the club has gained a local and national reputation for its unique atmosphere, courteous customer service, and dance - oriented music format. Mr. Hanour reported that he is allowing daytime Baker Plywood employees to park their cars at the Shark Club; he is employing a daytime valet to ensure that Shark Club. lunch patrons do not park in the adjoining strip center; and he is modifying the Club's sound system to eliminate occasional vibrations that have been experienced by Joel Boyer and two other residents at 810 Baker Street. He also mentioned that the parking available at the Shark Club will' accommodate 250 cars, more than double the required 115 spaces. Julia Landreth, 3004 Jeffrey Drive, Costa Mesa, spoke in support of the request. She stated that the Shark Club has been an asset to the neighborhood; management is excellent; a strict dress code is enforced; and there; are no parking problems. During later discussion on motorcycle noises, Ms. Landreth stated that she has never seen motorcyclists at the Shark Club. i John Shed, 801 Baker Street, Costa Mesa, owner of the adjacent strip center, supported the request for a dance permit at the Shark Club. Mr. Shed stated that he provides a substantial number of parking spaces for the Shark Club, and the owners have been very cooperative neighbors. { Clarence Williams, 3007 Jeffrey Drive, Costa Mesa, supported the request, stating that the owners of the Shark Club have corrected all problems which may have occurred in the past three years. He also mentioned that he has never heard loud music coming from the club. Carol Watson, 788 Wesleyan Bay, Costa Mesa, reported on being A in the summer months by loud motorcycles leaving the the Shark Club, and by the constant barking of guard dogs xto shop. Hayes, 810 Baker Street, Costa Mesa, mentioned that the Tub's sign shines directly into her window and there is a vibration between 6:00 p.m. and 7:00 p.m. on some ;s. Ms. Hayes stated that if the Shark Club adds dancing, the wel will increase. When Ms. Hayes spoke the second time, ted that the vibration was caused by music, not traffic, and aetimes noticed it later in the evening also. L I� r (4Y' J94 • Jon K. Hanour commented that since its inception three years ago, the Shark Club has always operated as a night club and adding a dance floor will not change the character of the club. Mr. Hanour stated that very few motorcyclists come to the Club; also, since there are only a few of customers at the Club at 6:00 p.m., the sound system is turned down so low it cannot be heard outside the front door. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Buffa, seconded by Vice PA -93-32 Mayor Humphrey, to uphold the Planning Commission's approval Approved of Planning Action PA -93-32. Council Member Hornbuckle suggested that the Shark Club owners address the issue of lights shining in Ms. Hayes's window, and investigate whether the vibrations in the early evening are caused by the sound system. Vice Mayor Humphrey commended Mr. Hanour for working with the community in the past, and urged him to continue to do so. Council Member Buffa requested that the Police Department investigate, preferably in the evening, and report on the establishments in the area where there seem to be quite a collection of motorcyclists. For the record, Council Member Erickson noted that Baker Plywood Company is offering additional parking at the farthest areas behind the residential neighborhood across the street, and that additional parking was not required with this application. AMENDED At the suggestion of Mayor Genis, Council Member Buffa amended MOTION the motion by adding a condition that the applicant or his successor Condition Added in interest shall continue to work with the neighbors on the north side of Baker Street to alleviate noise, light, and glare. The amended motion was seconded by Vice Mayor Humphrey, and carried 5-0. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Athletic Field set for the public hearing to consider a resolution increasing user User Fees fees for use and maintenance of athletic fields, and a policy for waiver of fees for use of athletic fields by non -City sponsored, resident youth athletic programs. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The City Manager reviewed the Agenda Report dated July 12, 1993. There being no speakers, the Mayor closed the public hearing. Council Member Hornbuckle thought the policy should be adopted; however, she was hesitant to approve the fees at this time and suggested additional evaluation. MOTION A motion was made by Council Member Hornbuckle, seconded by Policy Approved Council Member Erickson, and carried 5-0, to adopt the policy, and to bring back the user fees at a later date. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place 1993 Weed set for the public, hearing to consider a resolution approving and Abatement confirming the report of the Fire Chief or his designee, showing the cost of removing rubbish and weeds in the City of Costa Mesa. The Affidavit of Posting is on file in the City Clerk's office. No communications were received. There being no speakers, the Mayor closed the public hearing. MOTION 'A motion was made by Council Member Buffa, seconded by Council Resolution 93-66 Member Erickson, and carried 5-0, to adopt Resolution 93-66, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND CONFIRMING THE REPORT OF THE FIRE CHIEF OR HIS DESIGNEE, SHOWING THE COST OF REMOVING RUBBISH AND WEEDS AND REFUSE OR DIRT ON OR IN FRONT OF EACH SEPARATE PARCEL OF LAND IN THE CITY OF COSTA MESA. OLD BUSINESS ; The Deputy City Clerk presented Ordinance 93-14 for second Photocopying reading and adoption, repealing Section 2-250 of the Costa Mesa Permits Municipal Code relating to photocopying permits. i MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Ordinance 93-14 Erickson, and carried 5-0, Ordinance 93-14, AN ORDINANCE OF Adopted i 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 second reading and adopted. OLD BUSINESS i The Deputy City Clerk presented a request for direction on filling Planning Commis- the currentvacancy on the Planning Commission. The City sion Vacancy Manager reviewed the Agenda Report dated July 29, 1993. MOTION A motion was made by Council Member Buffa, seconded by Council Special Meeting 'Member Hornbuckle to schedule a Special Meeting immediately Scheduled for following the 4:00 p.m. regular Study Session on August 9, 1993, August 9, 1993 for the purpose of filling the Planning Commission vacancy, and designating a cut-off for receiving applications as 12:00 noon, August 6, 1993. The motion carried 5-0. MOTION A motion was made by Council Member Buffa, seconded by Council Reassigned Transpor- ; Member Hornbuckle, to reassign the duties of the Transportation tation Commission Commission to the- Planning Commission and to appoint a Duties To Planning Transportation Administrator from within the Transportation Commission Services Department'to hear minor transportation items, with the balance of the Transportation Commission responsibilities being absorbed by the Planning Commission as outlined in the Assistant to the City Manager's Agenda Report of July 7, 1993. Vice Mayor Humphrey was in favor of retaining the Transportation Commission or in order to maintain citizen involvement. In addition, he felt that little cost savings would be realized. Council Member Buffa was of the opinion that less staff support would result in a significant cost reduction. Council Member Hornbuckle believed that reassignment of duties would be an opportunity for Council to continue to attempt to reduce the size of government and the cost of doing business. Mayor Genis felt that the Transportation Commission should be retained because it is a more efficient method of addressing traffic issues. She did not believe reassigning duties to the Planning Commission would save significant staff time. The motion carried 3-2, Mayor Genis and Vice Mayor Humphrey voting no. The City Manager mentioned that it will take some time for staff to draft ordinances reassigning duties, and suggested that the Transportation Commission remain intact until ordinances are adopted. After discussion concerning the appropriate appeal process under the reorganization, Council Member Hornbuckle suggested that the Transportation Commissioners inform Council if they are I I interested in serving on the Planning Commission. Mayor Genis suggested a review of the Planning Commission Study Session public forums since they incur a lot of additional staff time. She also felt that these discussions with the applicants should be held during the public hearing. CITY ATTORNEY'S The Assistant City Attorney requested a closed session pursuant to REPORTS Government Code Section 54957.6 to discuss negotiations with the Police Association Costa Mesa Police Association. The Mayor announced that closed Negotiations session would be held after the close of regular business. COUNCIL Council Member Erickson was pleased with the report from City COMMENTS staff on the Environmental Impact Report (EIR) to allow air freight John Wayne cargo out of.John Wayne Airport. He suggested following this issue Airport very closely and possibly scheduling a public hearing. Developer Signs Mayor Genis reported that she received a call regarding developer on Fairview Road and apartment complex signs being posted on utility poles on Fairview Road, and requested staff to investigate this matter. Mayor Genis referred to an article in the Los Angeles Times newspaper last Los Angeles week regarding Harbor Boulevard of Cars vacant sites. She stated Times Article that the article gave a false impression that this was related to both the national economy and the local business climate. Mayor Genis clarified that one of the sites has a possible toxic waste problem which has nothing to do with the local economy; and the other vacancy has to do with current litigation. The City Manager reported that litigation has been settled and steps have been initiated to clean up that site. ADJOURNED TO At 9:15 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor conference room to discuss the item listed under City Attorney's Reports. MEETING The Mayor reconvened the meeting at 9:30 p.m., and the action RECONVENED taken during closed session was announced. MOTION. The status on negotiations with the Costa Mesa Police Association Directions Given was received, and City negotiators were given directions on further to City Negotiators negotiations. ADJOURNMENT The Mayor declared the meeting adjourned at 9:30 p.m. u Mayor of the City of Costa Mesa ATTEST: Deputy C' Clerk of the City. of Costa Mesa