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HomeMy WebLinkAbout09/20/1993 - City Council6.2 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 20, 1993 The City Council of the City of Costa Mesa, California, met in regular session September 20, 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 Doyle Henderson, Costa Mesa Nazarene Church. ROLL CALL Council Members Present: Mayor Sandra Genis Council Member Mary Hornbuckle Council Member Peter Buffa Council Member Joe Erickson Council Members Absent: Vice Mayor Jay Humphrey Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services- Donald Lamm T_ ransportation'Services Manager Peter :Naghavi- Assistant to the City Manager Ann Gyben Deputy City- Clerk Mary Elliott MINUTES On motion by Council Member Hornbuckle, seconded by Council September 7 and Member Erickson, and carried 4-0, the minutes of the regular 13, 1993 meeting of September 7, 1993, and special meeting of September 13, 1993, were approved as distributed. ORDINANCES AND A motion was made by Council Member Buffa, seconded by Council RESOLUTIONS Member Hornbuckle, and carried 4-0, to read all ordinances and resolutions by title only. ACKNOWLEDGE- Mayor Genis acknowledged the attendance of Boy Scout Troop No. MENT 746. ORAL COMMUNI- Terry Simon, 1779 Tanager Drive, Costa Mesa, representing Harbor CATIONS Council PTA, thanked Council for the addition of police officers to the gang detail. She read a petition encouraging continued support D.A.R.E. Program of the D.A.R.E. Program in Costa Mesa, and opposing the proposed cutback from two police officers to one. The City Manager reported that the Police Department is reevaluating the number of personnel assigned to the D.A.R.E. Program, and has prepared a report which suggests that the program could be maintained at current service levels with fewer officers. Gay Geiser -Sandoval, 3408 Geranium Street, Costa Mesa, supported retaining two police officers in the D.A.R.E. Program. Garnica Claim Mike Garnica, 5448, Walkerton Street, Long Beach, spoke on the claim he filed against the City in April, 1993, and explained his reason for rejecting the proposed settlement offer. He stated he was notified recently by the City's claims administrator that the revised claim amount had been rejected; however, he had not been able to contact the Risk Manager for clarification. The City Attorney stated that either he or the Risk Manager would contact Mr. Garnica the following day. Adult Books Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, expressed concern that adult books, sold in local convenience stores, do not have protective covers nor are they placed out of the sight of children. He asked if there is legislation in effect regarding this problem, and suggested that citizens could assist with enforcement. Council Member Hornbuckle informed Mr. Pizarek that the City Attorney is currently researching State law. San Joaquin Toll Janet Remington, 1164 Boise Way, Costa Mesa, thanked Council for Road the Study Session regarding the San Joaquin Toll Road; however, she expressed disappointment that several of the costs will be transferred to the citizens, such as repair and maintenance of the roads and litigation fees. Council Member Buffa responded that the San Joaquin Hills. -,.Corridor Agency structure and the financial package structure precludes the costs being directed to Costa Mesa or any other city. He stated that the 73 and I-405 confluence, or the "Y", will go forward as a joint project between Costa Mesa, Newport Beach, Irvine, CalTrans, Orange County Transit Authority, and the Corridor Agency. Work Furlough Janice Davidson, 1982 Arnold Avenue, Costa Mesa, requested a Program copy of the list of run-down motels to be considered for the Work Furlough Program reportedly being assembled by the Police Department for Youth and Family Services. The City Manager stated he will provide Ms. Davidson with a copy of the list. In connection with the adult book problems discussed by Mr. Pizarek, Ms. Davidson submitted copies of pornographic material which she obtained as examples of the publications available to youngsters. Paularino/Fairview John Feeney, 1154 Dorset Lane, Costa Mesa, stated that the left - Left -Hand Turn hand turn at Paularino Avenue and Fairview Road has become dangerous due to the many realtors' open house signs posted in the center median. He explained that the sight for motorists northbound on Fairview Road is blocked, and suggested placing a small sign that states "post no signs" in that area. In response to Mr. Feeney's Work Furlough inquiry, the Mayor informed him that the Planning Commission Program hearing on the Work Furlough Program is scheduled for Monday, September 27, 1993. She also clarified that this is a County program administered by a private contractor, Youth and Family Services, and the City's role is to approve or deny the use permit. La Cueva Request Kimberly Claytor, 695 Center Street, Costa Mesa, representing La for Space Cueva, a nonprofit organization designed to serve Costa Mesa adolescents, reported that one portion of the organization is focused on helping students succeed in school; and to this end, a donation of eight IBM compatible computers was received from a gentleman in Huntington Beach. She stated that the immediate problem is finding space to set up a computer laboratory, and asked the City for assistance. Mayor Genis suggested that Ms. Claytor leave her name and telephone number with the City Manager, and he will advise her if space is available for that use. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 1, Reading Folder; and Item 6, Amendment No. 3 to the agreement with PRC Public Sector, Inc., to provide recover -all protection for the Costa Mesa public safety computer system. MOTION On motion by Council Member Buffa, seconded by Council Member Approved Except ' Hornbuckle, and carried 4-0, the remaining Consent Calendar items Items 1 and 6 were approved as recommended. SET FOR PUBLIC The following item was set for public hearing on October 4, 1993, HEARING at 6:30 p.m., in the Council Chambers of City Hall: Hearing Set for October 4, 1993, Request to transfer a Certificate of Public Convenience and for Dr. Tow Certi- Necessity from Robert J. Egger III, dba Dr. Tow. and ficate Transfer Automotive Services, 114 East 16th Street, Costa Mesa, to his partner, Custom Towing and Auto Transport, dba Emerald Towing and Auto Transport. WARRANT Warrant Resolution 1554, funding City operating expenses in the Approved Warrant amount of $561,047.45; and Payroll 9317 for $1,165,260.01, were 1554/Payroll 9317 approved. REJECTED CLAIMS The following claims were rejected: Cesareo Stephanie Ann Cesareo (vehicle damaged by construction on Newport Boulevard). DeMott Theresa DeMott (vehicle damaged by asphalt on 405 Freeway exit at Bristol Street). Doe John Doe, confidentiality demanded due to minor child involved pursuant to Welfare and Institutions Code Section 827 (false. arrest due to erroneous- police report by Costa Mesa Police Department). Hedden Kelly Hedden, a ,minor, by and through her Guardian Ad Litem, Erin Hedden; David Meloy, deceased, by and through his personal representative, Jane Meloy (wrongful death caused by alleged roadway defects). Hondorp Gordon and Mary Lou Hondorp (alleged dangerous and defective condition of traffic control devices caused vehicle collision). Pagnini John Edward and John Robert Pagnini (false arrest and violation of civil rights by Costa Mesa police). Wagner Regina E. Wagner, (vehicle damaged by concrete residue). Wright Patricia A. Wright (trip and fall on Newport Boulevard). ADMINISTRATIVE Change Order No. 1 for $2,903.00, to the contract with Bopark ACTIONS/Approved Enterprises, Inc., 8560 Vineyard Avenue, Suite 103, Rancho Change Order for Cucamonga, for handicap modifications at the Costa Mesa Senior Senior Center Center, was approved. Employee Classifi- The following employee classification amendment resolutions were cations adopted: Adopted Resolution Resolution 93-77, A RESOLUTION OF THE CITY COUNCIL 93-77 Establishing OF THE CITY OF > COSTA MESA, CALIFORNIA, Purchasing Super- AMENDING RESOLUTION NO. 93-60 BY ESTABLISHING visor Classification THE NEW CLASSIFICATION OF PURCHASING SUPER- VISOR ON THE BASIC PAY SCHEDULE. Adopted Resolution Resolution 93-78,.A RESOLUTION OF THE CITY COUNCIL 93-78 Deleting OF THE CITY OF COSTA MESA, CALIFORNIA, Purchasing Agent AMENDING RESOLUTION 91-80 BY DELETING THE Classification PURCHASING AGENT CLASSIFICATION FROM THE EXECUTIVE PAY SCHEDULE. READING FOLDER Item 1 on the Consent Calendar, the Reading Folder, was presented. Council Member Erickson commended the Police Department and the Planning Division for their work on the Circle K convenience stores located at 11.1 Del Mar Avenue, and 1913 Pomona Avenue, and requested staff to follow up with the California Department of Alcoholic Beverage Control. MOTION On motion by Council Member Erickson, seconded by Council Received and Member Buffa, and carried 4-0, the following Reading Folder items Processed were received and processed: Claims Claims received by the City Clerk: Austin Comp; Wesley Crawford; and Betty A. Olsen. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by Planning: Mario and Mary Lou Ann Mendez, Licenses doing business as Plaza Chevron, 3048 Bristol Street; and Circle K Corporation (formerly Circle K Convenience Stores, Inc.), doing business at 111 Del Mar Avenue, 2263 Fairview Road, 2346 Newport Boulevard, Suite A, 1913 Pomona Avenue, 1654 Santa Ana Avenue, and 1178 Sunflower Avenue. Amendment No. 3 to Item 6 on the Consent Calendar was presented: Amendment No. 3 Agreement with PRC to the agreement with PRC Public Sector, Inc., 135 Main Street, Public Sector Suite 1900, San Francisco, to provide recover -all protection for the Costa Mesa public safety computer system from May 1, 1993, to Recover -all Protection April 30, 1994, for $59,063.34. The City Manager stated that the for Public Safety figures in the attachment to the Agenda Report from the Risk Computer System Manager were incorrect, and the correct amount is as stated above. On motion by Council Member Hornbuckle, seconded by Council MOTION Member Erickson, and carried 4-0, the amendment was approved, Amendment Approved and the Police Chief was authorized to sign on behalf of the City. OLD BUSINESS The Deputy City Clerk presented from the meeting of September 7, Lease Agreement 1993, second reading and adoption of Ordinance 93-16, approving with Public Financing a lease agreement with the Costa Mesa Public Financing Authority. Authority The City Manager briefly reviewed this item as presented in the Agenda Report dated September 13, 1993. MOTION On motion by Council Member Erickson, seconded by Council Ordinance 93-16 Member Buffa, and carried 4-0, Ordinance 93-16, AN Adopted ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE ACT OF ENTERING INTO A LEASE AGREEMENT BETWEEN THE CITY AND THE COSTA .- MESA PUBLIC FINANCING AUTHORITY, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of September 7, Animal Shelter 1993, Animal Shelter Services Agreements: (a) Council authori- Services zation to exercise the 60 -day termination clause, terminating animal shelter services with Bayshore Animal Hospital, 2077 Harbor Boulevard, Costa Mesa; and (b) 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. A communication was received from Wendy Sorenson, 2330 Vanguard Way, Costa Mesa, requesting Council to retain Bayshore Animal Hospital for the City's animal shelter, services. The City Manager reviewed the Agenda Report dated August 26, 1993, and pointed out that the attached letter dated September 13, 1993, from Dr. Jeffrey Palmer, Bayshore Animal Hospital, invoked the 60 -day termination clause, and Item (a) is now a moot issue. Lieutenant Ron Smith, Costa Mesa Police Department, in charge of the Animal Control Program, stated his concerns regarding the current animal shelter are the limited amount of space, and the cost factor. He stated that the Orange County Animal Control Shelter is being considered because they are more reasonable, approximately $3,000.00 per year less than Bayshore, the facilities are more spacious, the staff is larger, and the hours available to the public are longer. Lieutenant Smith also reported that local veterinarians in the Costa Mesa area had previously been surveyed and none expressed an interest in housing the animal shelter. He noted that an advantage of the Orange County Shelter is that they accept any animal, not only dogs and cats. Judy Maiden, Director of the Orange County Animal Control Division, reported that there is sufficient space to house more animals at the shelter, and explained the procedure governing the length of time animals are kept. She spoke about the programs at the shelter that are available to the public. Considerable discussion ensued regarding the details of the animal control program. Jeffrey Palmer, D.V.M., Bayshore Animal Hospital, challenged the City's attitude towards the hospital in the past, stating that his staff had written the letter of September 13, 1993, which exercised the 60 -day termination clause; however, he had abstained. He cited improvements made to the facility since his purchase a year ago, and stated that since he is operating on a deficit, he must renegotiate the contract. He reported that he had asked the City for a sign to simplify location of 'the shelter, and for a volunteer group through the Police or Fire' Departments, neither of which have been provided. Dr. Palmer later stated that he wished to withdraw the September 13th letter, and to see an in-depth study performed. The City Manager clarified that the doctor's intent was as follows: to have the City reevaluate the animal control program and shelter services with the goal that policies similar to the cities of Irvine and Mission Viejo are adopted, that is in lieu of a public safety service, an animal protection service is provided. Ruth Biel, 1340 Garlingford Street, Costa Mesa, stated that she did not feel it would save the City money to use the Orange County Animal Shelter considering the countless hours that would be spent by animal control officers making daily trips from Costa Mesa, in addition to inconveniencing pet owners in their search for a lost pet. Judy Stricker, 3001- Royal Palm Drive, Costa Mesa, President of Activists for Protective Animal Legislation, voiced her belief that the focal point of this ,discussion should be the need to reduce the number of animals by not breeding them; therefore, the City should 1 become involved in educating the public on the need to spay and neuter. She suggested placing notices in the City's newsletters,. and proceeded to speak in support of the Bayshore Animal Hospital. Les Erbst, 20311 Riverside Drive, Santa Ana Heights, a volunteer at Bayshore Animal Hospital, spoke on behalf of Dr. Palmer and the hospital, and pointed out the inappropriateness and inconvenience of moving the animal shelter to the City of Orange. He stated that the current animal shelter is more conducive to successful animal adoption. Julie Ryan, 1748 Bayport Way, Newport Beach, a volunteer at Bayshore Animal Hospital, spoke highly of Dr. Palmer and the care given to animals at the hospital, and suggest retaining the shelter at its current location. Council Member ,Ho,mbuckle expressed her opinion that it is the City's obligation to maintain public safety first, and supported the suggestion from Ms. Stricker regarding an animal educational program. Council Member Erickson recognized that the City does have a responsibility to pet owners, but stated that monies for animal control are budgeted by the Police Department, and the primary responsibility is to all citizens. He stated he did not support public money being directed to building a private facility. MOTION A motion was made by Council Member Buffa, seconded by Council Continued to Member Erickson, and carried 4-0, to continue this item to the October 4, 1993 meeting of October 4, 1993, with direction to staff to contact providers of animal services in Santa Ana, Irvine, Newport Beach, and Huntington Beach, and Bayshore Animal Hospital, to determine their interest in providing animal shelter services under the terms of the existing contract and to investigate different adoption programs; with direction to staff to include an article regarding the spaying and neutering of pets in the recreation newspaper. OLD BUSINESS The Deputy City Clerk presented amendments to the Golf Course Amendments to :Golf contract with Mesa Verde Partners. The Assistant to the City Course Contract Manager reviewed the Agenda Report dated September 14, 1993, with Mesa Verde explaining the potential monies involved in Item 4, Buyout of MVP Partners (Mesa Verde Partners) Equipment. Referring to the Golf Course Manual, Section D, Page 3, "Golf Cars and Hand Carts", Council Member Buffa suggested that "cars" be changed to "carts" throughout the section for purposes of clarity. MOTION A motion was made by Council Member Buffa, seconded by Council City Manager Member Hornbuckle, to authorize the City Manager to finalize and Authorized to enter into "Addendum No. 1 to the Golf Course Concessionaire Finalize Addendum Agreement" with Mesa Verde Partners, and to change "cars" to No. 1 "carts" in the Golf Course Manual as outlined above. The motion carried 4-0. NEW BUSINESS The Deputy City Clerk presented a request to demolish the Demolition of multipurpose room and restroom at Paularino Park for a cost of Multipurpose Room $12,000.00. The City Manager reviewed the Agenda Report dated at Paularino Park September 13, 1993, and showed a photograph of the site. John Noland, 1005 Begonia Street, Costa Mesa, member of Parents for Paularino Pride, agreed that the building should be demolished pointing out that it is a menace to public safety. 267 MOTION On motion by Council Member Buffa, seconded by Council Member Demolition Approved Hornbuckle, and carried 4-0, the.demolition was approved. NEW BUSINESS The Deputy City Clerk presented the Acoustical Insulation Program Acoustical Insulation for the Victoria Street Widening Project. The Transportation Program for Services Manager summarized the Agenda Report dated September Victoria Street 3, 1993, stating the total cost to be $201,549.00, which includes 15 percent staff costs. MOTION A motion was made by Council Member Hornbuckle, seconded by Modifications Council Member Erickson, to approve Option No. 2 for window Approved modifications, Option No. 1 for mechanical ventilation, door modifications as indicated in the consultant's report, and staff costs, for the estimated amount stated above; and staff was directed to proceed with the bid for this project. The motion carried 4-0. NEW BUSINESS The Deputy City Clerk presented a request to appoint members to Senior Citizens the Senior Citizens Committee. The City Manager reviewed the Appointments Agenda Report dated September 14, 1993. MOTION On motion by Council Member Hornbuckle, seconded by Council Agrusa and Magette Member Buffa, and carried 4-0, James Agrusa and Dorothy Magette Appointed were appointed voting members. MOTION On motion by Council Member Buffa, seconded by Council Member Andreen Reappointed Erickson, and carried 4-0, Roy Andreen was reappointed as a voting member. NEW BUSINESS The Deputy City Clerk presented a request to appoint alternate Human Relations members to the Human Relations Committee. Appointments Janice Davidson, 1982 Arnold Avenue, Costa Mesa, stated she would like her name put on the candidate list for the Human Relations Committee. MOTION On motion by Council Member Buffa, seconded by Mayor Genis, Garcia and Rowden and carried 4-0, Nora Garcia and Yvonne Rowden were appointed Appointed alternate members. NEW BUSINESS The Deputy City Clerk presented a request from Ray Galvan, 1815 Galvan Scholarship Sherington Place, Suite V 116, Newport Beach, to waive the fee for Fund -Raiser use of the Neighborhood Community Center on December 9, 1993, to hold the third annual Captain Arthur Galvan Scholarship Fund - Raiser. The City Manager summarized the Agenda Report dated September 14, 1993. Ray Galvan reviewed his proposal, and introduced Anne Layer, 25192 Erickson Way, Laguna Hills, Director of Operations for the Memorial Fund, who read a statement of purpose and explained that 100 percent of the monies raised would be deposited in the fund. Discussion ensued on obtaining a nonprofit status for this organization. Council Member Hornbuckle suggested that the Newport -Mesa Unified School District write a letter supporting the waiver of fees for this event. Mayor Genis stated she was more in favor of applying the nonprofit rate than waiving the fee. Mr. Galvin explained that the current level of the scholarship is $100.00 but the amount would increase as the fund matured. F� L t. MOTION On motion by Council Member Buffa, seconded by Council Member Nonprofit Fee Erickson, and carried 4-0, rental of the Neighborhood Community Approved Center at thenonprofit rate of $195.00 was approved pending a letter from the Estancia High School Scholarship Fund stating that it is the sponsor of this event. NEW BUSINESS The Deputy City Clerk presented a resolution concerning Traffic Signal participation in a Countywide emergency traffic signal preemption Preemption System system. The City Manager summarized the Agenda Report dated September 16, 1993. In response to an inquiry from the Mayor, the Transportation Services Manager stated that there is a direct connection for the use of this preemption system by rapid transit vehicles. MOTION On motion by Council Member Buffa, seconded by Council Member Resolution 93-79 Erickson, and carried 4-0, Resolution 93-79, A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING PARTICIPATION IN A COUNTYWIDE SIGNAL PREEMPTION SYSTEM, was adopted, with the addition to the seventh paragraph "NOW THEREFORE, BE IT RESOLVED that the City of Costa Mesa supports a feasibility study on the concept of a countywide traffic signal preemption system to serve only emergency vehicles." COUNCIL Council Member Erickson reported that the President of the COMMENTS Automobile Club has invited the citizens of Costa Mesa to a meeting Automobile Club at the Auto Club on Wednesday, November 3, 1993, at 7:00 p.m. to discuss their future in Costa Mesa and possible expansion. He Santa Ana River reported that Santa Ana River Bridge Crossing Study had its first Bridge Crossings public meeting the previous week, and the next meeting will be held Wednesday, September 29, 1993, at the Fountain Valley School District Headquarters, 17210 Oak Street, Fountain Valley, and the following hearing is at 6:00 p.m., Wednesday, October 13, 1993, at the Newport Beach City Council Chambers, 3300 Newport Boulevard, Newport Beach. Gisler Park Cleanup Council Member Hornbuckle mentioned that she received a letter Day from John DeWitt, Chairman of the Parks, Recreation Facilities, and Parkways Commission, inviting Costa Mesa residents to the first annual Gisler Park cleanup day on October 2, 1993, from 8:00 a.m. to 2:00 p.m. Building in Costa Mayor Genis, commenting on regional government, stated that the Mesa Southern California Association of Governments predicted that between now and the year 2000, 5,600 new dwelling units will be built in the City of Costa Mesa. ADJOURNMENT The Mayor declared the meeting adjourned at 9:10 p.m. Mayor of the City of Costa Mesa ATTEST: Deputy Cit Clerk of the City of Costa Mesa