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HomeMy WebLinkAbout09/07/1993 - City Council�n 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 7, 1993 The City Council of the City of Costa Mesa, California, met in regular session September 7, 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 Conrad Nordquist, St. John the Divine Episcopal 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 City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Finance Director Susan Temple Assistant Finance Director Marc Davis Facilities and Equipment Superinten- dent Mike Waters Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Buffa, seconded by Vice Mayor August 16, 1993 Humphrey, and carried 5-0, the minutes of the regular meeting of August 16, 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. ORAL COMMUNI- Bob Christie, no street address given, a resident of Eldo, Missouri, CATIONS described the events leading up to his arrest by the Costa Mesa Christie/Rose Police Department three years ago, along with his associate Joe Lawsuit Rose. He reported that they filed a lawsuit and were advised by a Federal judge to renew settlement efforts. Mr. Christie referred to various newspaper articles and other information pertaining to himself and Mr. Rose. The Mayor asked that copies of these be sent to the Deputy City Clerk. The City Attorney advised Council that.since this is a matter of pending litigation, it cannot be discussed in open session. SRO Motel Don O'Neal, 1822 Tanager Drive, Costa Mesa, objected to ' the conversion of the building at 2450 Newport Boulevard to a single - room -occupancy (SRO) motel. He suggested that the Redevelop- ment Agency and the City Council should have prepared an economic impact study which addressed the effect of the SRO on available rental units in the City, and the potential lowering of property values. Mayor Genis reminded Mr. O'Neal that the project was complete. Work Furlough Janice Davidson, 1982 Arnold Avenue, Costa Mesa, reported that Program at the Planning Commission meeting on September 13, 1993, she will be speaking in. opposition to the proposed work furlough program to be located at the Ana Mesa Inn on Harbor and MacArthur Boulevards. She stated this is a lifetime commitment for Costa Mesa, and suggested that these types of programs should also be considered for other Orange County cities, such as Newport Beach and Huntington Beach. Charles Robertson, 1885 Tahiti Drive, Costa Mesa, President of the Mesa Verde Homeowners Association, spoke in opposition to the work furlough program, stating that the County Probation Department has sole discretion for determining eligibility. He reported on potential. problems that could be encountered with this facility. He urged interested parties to attend the Planning Commission meeting on Monday, September 13, 1993, 6:30 p.m., when this item will be addressed. Problem Areas in Robert Graham, 2865 Chios Road, Costa Mesa, presented several the City photographs illustrating problem areas throughout the City, specifically: a hole in the concrete sound wall near the entrance to Costa Mesa at Harbor Boulevard and the I-405 Freeway; the landscaping on the I-405 Freeway at Harbor Boulevard off -ramp which has disappeared due to negligence; and the lack of sidewalks north of Kaplan's Deli on Harbor Boulevard. He also pointed out that the five-foot wooden fence proposed for the Corporation Yard bike trail will be totally inadequate, will attract graffiti, and will not provide privacy or protection for residents. Shereshevsky Anne Hogan-Shereshevsky, 2152 Elden Avenue, Apt. 1, Costa Comments Mesa, commented that the SRO motel project on Newport Boulevard opened Wednesday, September 1, 1993, and spoke enthusiastically about the undertaking. She reported that the citizens living at Bethel Towers, a senior citizens facility, often encounter problems crossing the street at 19th Street and Pomona Avenue, and announced that the Transportation Commission will address this subject at their meeting on September 15, 1993, at 6:30 p.m. Ms. Hogan-Shereshevsky suggested disbanding the Senior Citizens Advisory Committee because their goals have been accomplished. Garnica Claim Mike Garnica, 5448 Walkerton Street, Long Beach, stated that he had filed a claim against the City in April, 1993, and asked when this matter would be addressed. Mayor Genis responded that the subject claim is on the agenda under City Attorney's Reports and would be discussed during closed session. The City Attorney stated that a certified letter would be sent out notifying Mr. Garnica of the action taken. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 8, Agreement with Dave McCauley and Associates for concep- tual plans for a walkway to the pavilion at TeWinkle Park; Item 10, Agreement with Harris & Associates for landscape architectural services to design two little league baseball fields at Costa Mesa High School; and Item 14, 1992-1993 Parkway Maintenance and New Sidewalk Construction, Project No. 93-08. MOTION/Approved On motion by Vice Mayor Humphrey, seconded by Council Member Except Items 8, Buffa, and carried 5=0, the remaining Consent Calendar items were 10, and 14 approved as recommended. F__� 1 WRITTEN Resolution 93-73, A RESOLUTION OF THE CITY COUNCIL OF COMMUNICATION THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING Adopted Resolution RECORDS DESTRUCTION FOR THE POLICE DEPARTMENT 93-73 for Police OF THE CITY -OF COSTA MESA PURSUANT TO ORDINANCE Records Destruction NO. 75-60, was adopted. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose from B'nai B'rith Women, Simcha Chapter, 8932 Modesto Circle, Suite Approved Permit 1211B, Huntington Beach, by soliciting funds from September 1 to for B'nai B'rith December 1, 1993, was approved pursuant to Municipal Code Section 9-229. WARRANT Warrant Resolution 1553, .funding City operating expenses in the Approved Warrant amount of $1,011,809.40, and Payroll 9316 for $1,161,757.39, were 1553/Payroll 9316 approved. REJECTED CLAIMS The following claims were rejected: Dubbin Erna Luise Dubbin (alleged dangerous condition at 19th Street and Pomona Avenue caused vehicle accident). Hendricks Carol Hendricks (vehicle damaged by pothole). Marineau Mary Jane Marineau (trip and fall over sidewalk utility vault). Ngoy Bun Tek, Kom Chris, and Christy Ngoy (violation of civil rights/loss of personal property). Pi Paul Pi (flat tire caused by roadway defect). Schworer Thomas L. and Barbara Schworer (City's approval of construction grading plans caused flooding). Edison Company Southern California Edison Company (utility box damaged by City's contractor). Theriot Danielle Steele Theriot, a minor, by her guardian, Brian Theriot (injury to hand caused by metal grate covering underground utility vault). Denied Recotta An Application for Leave to Present a Late Claim from Ginger Late Claim Appli- Recotta (vehicle damaged by alleged open trench at Newport cation Boulevard and Victoria Street) was denied. Adopted Resolution Resolution 93-74, A RESOLUTION OF THE CITY COUNCIL OF 93-74 for Emergency THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING Services CERTAIN OFFICIALS OF THE CITY TO FILE APPLICATION WITH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES, was adopted. Adopted Resolution Resolution 93-75, A RESOLUTION OF THE CITY COUNCIL OF 93-75 for Fairview THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE Park Improvements APPLICATION FOR GRANT FUNDS UNDER THE NATIONAL RECREATIONAL TRAILS FUND ACT OF 1991 FOR FISCAL YEAR 1994-95, for Fairview Park improvements, was adopted. Approved Agreement A Joint Use Agreement with the Costa Mesa Little League, Post With Costa Mesa Office Box 2015, Costa Mesa, for the League to conduct youth Little League for baseball and softball programs at select facilities in the City, was Baseball Programs approved; and the Mayor was authorized to sign on behalf of the City. Approved Agreement An agreement with Southern California Edison Company, 733 Bolsa With Edison to Avenue, Westminster, for an estimated amount of $53,360.00, to Underground Utilities underground utilities at 18th -Street and Newport Boulevard, .was at 18th and Newport approved; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the 'City. Approved Amendment An amendment to .the Inter -City Traffic Study Agreement, adding to Inter -City Traffic the cities of Santa Ana and Tustin, was approved; and the Mayor Study Agreement and Deputy City Clerk were authorized to sign on behalf of the City. Awarded Parking Lot 'The contract for the Costa Mesa Golf and Country Club Parking Lot Slurry Seal Project Slurry Seal, Project No. 93-09, was awarded to IPS Services, to IPS Services Incorporated, Post Office Box 10458, San Bernardino, for $44,520.00. Approved Budget Adjustment 94-03 for Budget Adjustment No. 94-03 for $2,173,398.00, to construct the Fairview/South Coast Fairview Road terminus `and South Coast Drive off -ramp capital Improvements improvement projects, was approved. Adopted Resolution Resolution 93-76, A RESOLUTION OF THE CITY COUNCIL OF 93-76 Authorizing THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING Issuance of Infraction ENUMERATED EMPLOYEES TO ISSUE INFRACTION Citations CITATIONS, was adopted. Agreement with Item 8 on the Consent Calendar was presented: Agreement with McCauley and Assoc. Dave McCauley and Associates, 1640 Sherwood Village Circle, for TeWinkle Park Placentia, for $5,200.00, to provide conceptual plans for a walkway Walkway to the pavilion at TeWinkle Park. Council Member Erickson objected to authorizing the payment of $5,200.00 for this purpose, and felt that staff was capable of completing this project for less MOTION money. A motion, was made by Council Member Erickson, Agreement seconded by Council Member Hornbuckle, and carried 5-0, to Withdrawn withdraw this item, and the City Manager wad directed to have the Community Services 'Department devise an in-house plan. Agreement with Item 10 on the Consent Calendar was presented: Agreement with Harris and Assoc. Harris & As 4281 Katella Avenue, Suite 100, Los Alamitos, for Design of Little for $7,500.00, to provide landscape architectural services for design League Baseball of two little league baseball fields at Costa Mesa High School. Fields Council Member Erickson stated that youth sports organizations wished to be included in all phases of this project, and had offered- MOTION fferedMOTION to volunteer labor and donate supplies. A motion was made by Agreement Approved Council Member Erickson, seconded by Council Member Hornbuckle, and carried 5-0, to approve the agreement and authorize the Mayor and Deputy City Clerk to sign on behalf of the City; directing the Community Services Department to keep the sports organizations abreast of the development of the fields, and to find ways to use volunteer labor and donations to lower the cost. 1992-1993 Parkway Item 14 on the Consent Calendar was presented: 1992-1993 Maintenance and New Parkway Maintenance and New Sidewalk Construction, Project No. Sidewalk Construc- 93-08. Council Member Hornbuckle stated she would abstain from tion voting on this item since her home is located on one of the streets to be improved. On motion by Council Member Buffa, seconded by MOTION Council Member Erickson, and carried 4-0, Council Member Awarded to O'Keefe Hornbuckle abstaining,,. the contract was awarded to O'Keefe Engineering Engineering, Incorporated, 4761 Lincoln Avenue, Cypress, for $1,027,404.50. ' 1 1 PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued SGPA Accessibility from the meeting of July 6, 1993, to consider the SGPA Accessi - Survey and Report bility Survey and Report for the Costa Mesa Civic Center; the Program Accessibility, Existing Facilities and Communications Self - Evaluation Survey; as well as, (a) Preliminary priorities for ongoing retrofit work on the, -,Civic Center facilities; -(b) Preliminary policies rendering Civic Center programs accessible during and after retrofit, and policies rendering Civic Center programs accessible without retrofit work identified in the SGPA Report; (c) Capital improve- ment plan and final transition plan to include retrofit work and policies for program accessibility at the Civic Center; and (d) Justification for exemption of a facility or program from 100 percent accessibility. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The City Attorney reviewed the Agenda Report dated August 30, 1993. He stated that review of the minutes of the August 3, 1993, Special Meeting of the Access Appeals Board (Page 11 of the Agenda Report), reveal they substantially concur with findings of the ad hoc task force. The Facilities and Equipment Superintendent reported that costs for the items listed under Priorities Nos. 1 and 2 had been calculated. The City Attorney clarified that the required action would be to approve the report in concept, and a final document would be submitted to Council for review at a later date. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Buffa, seconded by Council Member Staff Recommen- Erickson, and carried 5-0, staff recommendations were accepted as dations Approved follows: Items (a) and (b) were approved; staff was directed to prepare plans for Item (c); and establishment of findings for Item (d) was approved. Council Member Hornbuckle acknowledged Nancy Palme, Chairperson of the Access Appeals Board. ANNOUNCEMENT Mayor Genis announced that a request had been received to continue New Business Item 3, Animal Shelter Services Agreements. OLD BUSINESS The Deputy City Clerk presented from the meeting of August 16, Cable Television 1993, second reading and adoption of Ordinance 93-15, amending Service Costa Mesa Municipal ' Code sections regulating cable television service. The City Attorney summarized the changes incorporated in the subject ordinance. MOTION On motion by Council Member Buffa, seconded by Council Member Ordinance 93-15 Hornbuckle, and carried 5-0, Ordinance 93-15, AN ORDINANCE Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 19-30,19-60, 19-140,19- 150, 19-190, 19-250, AND 19-300 OF THE COSTA MESA MUNICIPAL CODE REGULATING CABLE TELEVISION SERVICE, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented a request from Children's Hospital Children's Hospital of Orange County, 1109 West La Veta, Orange, to install banners Banner Request on light poles for its Annual Community Walk fund raiser. The City Manager explained this revised request as outlined in the Agenda Report dated August 31, 1993. MOTION On motion by Council Member Hornbuckle, seconded by Vice Request Approved Mayor Humphrey, and carried 5-0, the request for 60 banners was approved, stipulating that no banners shall be installed near residential areas. r_ v NEW BUSINESS The Deputy City Clerk presented an ordinance approving the form Lease Agreement with and authorizing the execution of a lease agreement between the City Financing Authority and the Costa Mesa Public Financing Authority. The Finance Director reviewed the Agenda Report dated August 27, 1993. Mayor Genis clarified that this action would refinance the existing debt. The Assistant-, Finance Director explained the transition in more detail. MOTION On motion by Council Member Buffa, seconded by Council Member Ordinance 93-16 Erickson, and carried 5-0, Ordinance 93-16, AN ORDINANCE OF Given First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, APPROVING THE ACT OF ENTERING INTO A LEASE AGREEMENT BETWEEN THE CITY AND THE COSTA MESA PUBLIC FINANCING AUTHORITY, was given first reading and passed to second reading. ADJOURNMENT TO Mayor Genis adjourned the Council meeting to a special meeting of PUBLIC FINANC- the Costa Mesa Public Financing Authority; and Chairperson Genis ING AUTHORITY convened the Financing Authority. MEETING Board Members Present: Chairperson Sandra Genis Vice Chairperson Jay Humphrey Board Member Mary Hornbuckle Board Member Peter Buffa Board Member Joe Erickson Board Members Absent: None Officials Present: Executive Director Allan Roeder Authority Counsel Thomas Kathe Secretary Mary Elliott NEW BUSINESS The Secretary presented a resolution authorizing issuance of 1993 Revenue Bonds Series A Revenue Bonds (Public Facilities Project) in a principal amount not to exceed $20,000,000.00. The Financing Authority Attorney reviewed the Agenda Report dated August 27, 1993. MOTION On motion by Board Member Buffa, seconded by Board Member Resolution 93-1 Erickson, and carried 5-0, Resolution 93-1, A RESOLUTION OF Adopted THE COSTA MESA PUBLIC 'FINANCING AUTHORITY AUTHORIZING 'ISSUANCE OF NOT TO EXCEED $20,000,000.00 PRINCIPAL AMOUNT OF THE AUTHORITY'S REFUNDING REVENUE BONDS, 1993 SERIES A (PUBLIC FACILITIES PROJECT), AUTHORIZING AND DIRECTING EXECUTION OF AN INDENTURE OF TRUST AND A LEASE AGREEMENT RELATING THERETO, AUTHORIZING THE SALE OF BONDS PURSUANT TO PUBLIC SALE, APPROVING THE OFFICIAL STATEMENT, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO, was adopted. COUNCIL The Chairperson adjourned the Special Costa Mesa Public Financing MEETING Authority meeting, and Mayor Genis reconvened the City Council RECONVENED meeting. NEW BUSINESS The Deputy City Clerk presented a request to waive the filing fee Request to Waive for a Conditional Use Permit (CUP) and Minor Conditional Use CUP Filing Fee/ Permit from Janet Graves, 2603 Elden Avenue, Unit M, Costa Graves Mesa. The Deputy City Manager/Development Services reviewed the Agenda Report dated 30, 1993. He distributed information on the Municipal Code Section pertaining to the existence of a business, in this instance a massage therapist, in a residential neighborhood. MOTION A motion was made by Council Member Buffa, seconded by Vice Request Approved Mayor Humphrey, to approve the request. Council Member Erickson stated that although he thought the intention of this request was honorable; he could not support using taxpayers funds. Vice Mayor Humphrey felt that the applicant was being charged an excessive amount because her handicap limited her to working in the home. Mayor Gems opposed the motion because of the use of taxpayers monies, and stated that a Conditional Use Permit is granted for the property, not to an individual. She suggested that the home occupation ordinance be reviewed. Council Member Hornbuckle supported the motion because the waiver might enable Ms. Graves to be self-sufficient. The motion carried. 3-2, Council Members Genis and Erickson voting no. NEW BUSINESS On motion by Council Member Buffa, seconded by Council Member Animal Shelter Erickson, and carried 5-0, the following item was continued to the Services Agreements meeting of September 20, 1993: MOTION Animal Shelter Services Agreements: Council authorization to Continued to exercise the 60 -day termination clause, terminating animal shelter September 20, 1993 services with Bayshore Animal Hospital, 2077 Harbor Boulevard, Costa Mesa; and agreement with the County of Orange, for an annual estimated amount of $43,000.00, to provide animal shelter and related services for the City effective November 1, 1993. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORTS/Request Government Code Sections 54956.8, 54956.9(a), 54956.9(b)(1), and for Closed Session: - 54957.6, to discuss the following items: Marijane Sweer and Blaine Sweer/Wickline v. Douglas Wickline v. City of Costa Mesa, et al., Orange County City; Police Negotia- Superior Court Case No. 69-72-20; Negotiations with the Costa tions; Garnica/ Mesa Police Association; Claims of Mike Garnica, John Aguinaga, Aguinaga/Mid- Mid -Century Insurance Company, and related claims administration Century Claims; procedures; and Real property acquisition for the Fairview Fairview/Baker Road/Baker Street widening: Costa Mesa Car Wash; and Mesa Widening North Center - Chevron. Mayor Genis announced that closed session would be held following completion of regular business. COUNCIL Council Member Erickson announced that the County of Orange had COMMENTS tentatively scheduled a public hearing on Thursd4y, September 16, Gisler and 19th 1993, 7:00 p.m., at the Neighborhood -Community: Center, to discuss Street Bridges the proposed Gisler Avenue and 19th Street bridges, and widening of East 19th Street. He thanked the Orange County Sports Save Our Youth Celebrities who donated a $5,000.00 boxing ring to the Save Our Boxing Ring Youth (S.0.Y.) organization. He stated that this organization meets between 6:00 p.m. and 9:00 p.m. on week nights, and on Saturday mornings through the afternoon. Electronic Games Mayor Genis related that the next Redevelopment Agency meeting would address electronic games and suggested that the ordinance be reexamined in order to streamline the process. ADJOURNMENT TO At 7:55 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 10:05 p.m., and the action RECONVENED taken during closed session was announced. MOTION In Marijane Sweer and Blaine Douglas Wickline v. City of Costa Sweer/Wickline Mesa, et al., Orange County Superior Court Case No. 69-71-20, by Settlement Offer a vote of 5-0, Council ratified rejection of the settlement offer as Rejected outlined in City Attorney's confidential memorandum dated August 30, 1993; a report from the City Attorney on the trial was received and filed; and directions were given regarding settlement proposals. MOTION/Police In negotiations with the Costa Mesa Police Association, Councir Directions Given gave direction to the City Manager and Personnel Director. MOTION Regarding the claims of Mike Garnica, John Aguinaga, Mid -Century Garnica/Aguinaga/ Insurance Company, and related claims administration procedures, Mid -Century Settle- Council approved settlement as outlined in the City Attorney's ment Approved confidential memorandum dated August 31, 1993; and received the City Attorney and Risk Manager's reports. MOTION/Fairview/ Regarding real property acquisition for the Fairview Road/Baker Baker Widening Street widening: Costa Mesa Car Wash; and Mesa North Center - Directions Given Chevron, Council gave directions to negotiators and the City Attorney. ADJOURNMENT The Mayor declared the meeting adjourned at 10:10 p.m. Mayor of the City of Costa Mesa ATTEST: Deputy City lerk of the City of Costa Mesa