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HomeMy WebLinkAbout10/25/1993 - Adjourned City Council Meeting;ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 25, 1993 The City Council of the City of Costa Mesa, California, met in :adjourned regular session October 25, 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 Mayor Genis. 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 Transportation Services Manager Peter Naghavi Assistant to the City Manager Rick Pickering Deputy City Clerk Ruth Delaney MINUTES 'On motion by Council Member. Buffa, seconded by Vice Mayor October 4, 11, and Humphrey, and carried. 5-0 the minutes of the regular meeting of 18, 1993 October 4, 1993, special meeting of.October 11, 1993, and regular meeting of October 18, 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. RED RIBBON WEEK Mayor Genis announced that Red Ribbon Week was currently being observed and encouraged support of the fight against substance abuse. ORAL COMMUNI- Ernie Feeney, 1154 Dorset Lane, Costa Mesa, addressed the letter CATIONS which was sent to Council from Jim Henwood, General Manager, South Coast Plaza, requesting that Costa Mesa be a non-smoking Smoking Prohibition city. She expressed the opinion that this action would place a hardship on businesses, and suggested that a business owner should have the right to make the smoking or non-smoking determination. The City Manager responded to Ms. Feeney by stating that he had turned this matter over to the Substance Abuse Committee because they are researching ordinances on the subject. Gang Problems Janice Davidson, 1982 Arnold Avenue, Costa Mesa, complained about the gang problems in Costa Mesa, stating that the penalties imposed on gang members were insufficient. Wallace Avenue Linda Stobbe, 130 Cottonwood Lane, Seal Beach, showed a Property photograph of the vacant house adjacent to property she owns at 2058 Wallace Avenue. She explained that the Wallace Homeowners Association had been formed to confront problems in this area, and outlined several of the hardships endured because of the proximity of this rundown piece of property. CONSENT On motion by Council Member Buffa, seconded by Vice Mayor CALENDAR Humphrey, and carried 5-0, all Consent Calendar items were MOTION/Approved approved in one motion as recommended. Traffic Management The following Traffic Management Services Agreements with the Services Agreements 32nd District Agricultural Association, executed by the Police Chief, were ratified: Ratified Fairgrounds Contract No. SA -48-931E, in an amount not to exceed Interim Events $10,000.009 to provide traffic management for interim events Contract SA-48-93IE at the Orange County Fairgrounds; and Ratified 1993 Orange Contract No. SA -156-93F, in an amount not to exceed County Fair Contract $112,000.00, to provide traffic management services for the SA -156-93F 1993 Orange County Fair. Ratified Agreement An agreement with the Orange County Humane Society, 21632 with Humane Society Newland Street, Huntington Beach, in an amount not to exceed for Animal Shelter $39,000.00 per year, to provide animal shelter services, executed by Services the City Manager, was ratified. PUBLIC HEARINGS The Deputy City Clerk announced that this was the time and place Santa Ana River set for the public hearing to consider the Santa Ana River Crossings Crossings Coopera- Cooperative Study, conducted by the County of Orange in cooper- tive Study ation with the cities of Costa Mesa, Fountain Valley, Huntington Beach, and Newport Beach. The study evaluates current and pro- jected traffic circulation needs and determines whether any or all of the proposed crossings over the Santa Ana River can be removed from the .Master Plan of Arterial Highways. The proposed bridges include Banning Avenue/ 19th Street, Atlanta Avenue/Wilson Street, and Garfield Avenue/Gisler Avenue. Also, an analysis on the need to widen East 19th Street will be presented. The Affidavits of Mailing and Publishing are on file in the City Clerk's office. Communications opposing the bridges were received from Joyce Thimsen, 3194 Gibraltar Avenue, Costa Mesa; Joseph and Mary Garibotti, 1816 Jamaica Road, Costa Mesa; Ruth Rueger, .594 Knowell Place, Costa Mesa; Carri Barish, no address given; Wayne Johnson, 339 Walnut Street, Costa Mesa; Sylvia Marson, 339 Walnut Street, Costa Mesa; Rodney and Heather Plascencia, 3213 Michigan Avenue, Costa Mesa; Mrs. R. B. Bennett, 3226 Minnesota Avenue, Costa Mesa; Larry Weinheimer, 3078 Molokai Drive, Costa Mesa; Karen C. Stephens, no address given; and Susan Inouye, 1851 Elba Circle, Costa Mesa. A communication in favor of the bridges was received from William C. Williams, 1817 Peninsula Place, Costa Mesa. The Public Services Director presented a brief overview as he reviewed the Agenda Report dated October 15, 1993, and introduced the Transportation Services Manager, who in turn introduced Bob Peterson, Manager, Transportation Planning, County of Orange Environmental Management Agency. Mr. Peterson stated that the study was initiated at the request of the City to evaluate the proposed river crossings, and explained that the traffic models of the four cities involved had been evaluated and the General Plan land use from each city was used to complete the analysis. He reported that 15 river crossing alternatives were analyzed, and the conclusions reached as a part of this study were: East 19th Street . between Newport Boulevard and Irvine Avenue does not require widening; Atlanta Avenue/Wilson Street crossing would be deleted from the study; and construction of the Banning Avenue/19th Street and Garfield Avenue/Gisler Avenue river crossings would help to alleviate future increased volumes of traffic on adjacent streets. He illustrated the intersection improvements that would be required to coincide with construction of the bridges, and addressed the environmental and technical issues. The Transportation Services Manager made a presentation, stating that City staff disagreed with the County in the following areas: (1) the methodology which utilized the "rule of thumb" traffic capacity numbers as a threshold .to identify the need for roadway segment widening, and presented specific examples which illustrated the differences in approach to street widening taken by the City as opposed to that taken by the County; (2) the concept of borderline roadway deficiencies, stating the City purports that the concentration should be on intersection analysis to identify areas to be widened instead of using an arbitrary five percent figure; (3) total intersection mitigation costs reflected in the study are in error, and may have been double counted; and (4) if the maximum average daily traffic volumes reported for Pacific Coast Highway between Brookhurst and 15th Streets had been used, this section would need to be widened regardless of whether or not the bridges are built. Supervisor Harriett Wieder, Second District, Orange County Board of Supervisors, introduced the following persons from her staff. Al Tello (transportation issues); Mary Lou Histed (liaison to the City of Costa Mesa); and -Kathleen Campini (communications and public relations). She also introduced Orange County Environmental Management Agency personnel: Tom Mathews, Director of Planning; and Ken Smith, Director of Transportation. Ken Smith explained, that the Master Plan of Arterial Highways is designed to ensure that there is an overall workable master plan of roadways to connect. city boundaries and a feasible transportation system for each of the land uses adopted by the County and the cities. He stated that community input will be reported to the Board of Supervisors, and then introduced additional County personnel: Bob Peterson, Manager, Transportation Planning; Polin Modanlou, Transportation Planning; Ron Tippets, Planning; Harry Persaud, Chief, Transportation Long Range Studies; and Romy Archer, Environmental Planning Division. Supervisor Wieder stated that she was prepared to propose that the County take no action on the Banning Avenue/19th Street and Garfield Avenue/Gisler Avenue bridges; however, she will recommend that the cities of Costa Mesa, Newport Beach, Huntington Beach, and Fountain Valley, jointly adopt an alternative plan of arterial highway improvements which provide a balanced land -use circulation system without the construction of the bridges. She stated that this plan must identify necessary right-of-way acquisitions, scope of intersection and widening improvements, environmental clearance, and agreement on construction financing. 1 { The following persons spoke in opposition to the proposed bridges: Bob Hoffman, 360 East 19th Street, Costa Mesa, representing Transportation Alternatives . Study Group; Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, representing Transportation Alternatives Study Group; Malcolm Ross, C. J. Segerstrom & Sons, 3315 Fairview Road, Costa Mesa; Jim Ferryman, 1025 Tulare Drive, Costa Mesa, President, Costa Mesa Chamber of Commerce; Larry Cavenah, 12 Starburst Court, Newport Beach, representing Newport Terrace Condominium Association; Jeffrey Childs, 1139 Aviemore Terrace, Costa Mesa, President, Marina Highlands Homeowners Association; Gus Ayer, 10739 Los Jardines, Fountain Valley, representing Green Valley Homeowners Association; Diann Osterlund, 329 East 19th Street, Costa Mesa, representing East Side Homeowners Association; Jon Ely, 22051 Hula Circle, Huntington Beach, representing residents in the Banning Street neighborhood; Nancy Olenick, 1720 Skylark Lane, Newport Beach; Janice Davidson, 1982 Arnold Avenue, Costa Mesa; Neil Horgan, 2827 Nevis Circle, Costa Mesa; Heather Somers, 313 Robin Hood Lane, Costa Mesa; and Nancy Palme, 1997 Kornat Drive, Costa Mesa, representing Mesa Verde Homeowners Association. RECESS The Mayor declared a recess at 8:35 p.m., and the meeting reconvened at 8:50 p.m. Public testimony continued with the following persons speaking in opposition to the proposed bridges: Don Huber, 3221 Oregon Avenue, Costa Mesa; Richard Mehren, 1824 Kinglet Court, Costa Mesa; Agnes Dubberly, 110 The Masters Circle, Costa Mesa; Jim Meehan, 3147 Country Club Drive, Costa Mesa; June McKinzie, 165 East 19th Street, Costa Mesa; Jim Toledano, 3165 Gibraltar Avenue, Costa Mesa; John Moorlach, 3169 Madeira Avenue, Costa Mesa; Sid Soffer, 900 Arbor Street, Costa Mesa; Alan Remington, 1164 Boise Way, Costa Mesa; Gene Hutchins, 1808 Kinglet Court, Costa Mesa; Jan Vandersloot, 2221 East 16th Street, Newport Beach, representing Stop Polluting Our Newport (SPON); Brahm Walker, 379 East 19th Street, Costa Mesa; Janet Remington, 1164 Boise Way, Costa Mesa; and Dean Reinemann, 8 Sandflower Court, Newport Beach. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Erickson, seconded by Vice Mayor Resolution 93-83 Humphrey, and carried 5-0, Resolution 93-83, A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INITIATE THE PROCESS TO REMOVE THE 19TH STREET/BANNING AND GISLER AVENUE/GARFIELD BRIDGES, AND DOWNGRADE EAST 19TH STREET FROM THE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS (MPAH), was adopted, modifying Page 2, Paragraph 4, Line 2, by replacing the word "downgrade". with the word "deletion", and adding CALTRANS to the section regarding working cooperatively with neighboring cities and the County, as well as entering into cooperative agreements. Mayor Genis requested that copies of the numerous letters which had been received on this item be submitted to the County along with the resolution. She stated for the record that the insanity of putting more cars on Gisler or 19th Streets is recognized, especially when one looks at the functioning of Harbor Boulevard and Gisler Street and Harbor Boulevard/19th Street/Newport Boulevard, particularly in the afternoons when it is necessary to sit through several cycles of each traffic signal: She pointed out the alternative of adjusting the future land use to cope with the ability to widen the streets, versus turning the cities into highways in order to cope with new development. ' The Deputy City. Clerk presented requests concerning the outstanding debt of the Costa Mesa Civic Playhouse. Patrons Association; and funding of the City's Yuletide Pageant via the Costa Mesa Civic Playhouse. The Assistant to the City Manager reviewed the Agenda Reports dated October 21, 1993, and October 22, 1993. 'Hugo Hunzinger, representing the Civic Playhouse Patrons Association, reported that the bingo games were initiated by the Patrons Association to raise funds for the City and the Playhouse. He stated that the nonsmoking ordinance for City buildings which was enacted in 1991 severely affected the games. He referred further questions to the Association treasurer. Lee Jones, Patrons Treasurer, responded to questions from the Mayor by stating that the Finance Department had not asked to review their books; however, they were available upon request. He stated that the payments made to the City were two of $500.00 each against -the debt, which is currently $3,160.00; and $500.00 had been expended for painting of the Playhouse building. Chet Groskruetz, 1551 Pegasus Street, Santa Ana Heights, President of the Costa Mesa Civic Playhouse, asked that Council release the funds earmarked for the Playhouse in accordance with the Memoran- dum of Understanding (MOU) currently in effect. He complained that the Playhouse is being denied their funding, now totaling $23,687.50, because the Patrons owe the City money, and stated that the Playhouse is a separate legal entity and should not be penalized for the Patrons' actions. Rex Thompkins, 1068 Salvadore Street, Costa Mesa, member of the Board of Directors, Costa Mesa Civic Playhouse, related that the Playhouse is striving to be self-supporting, and working within the MOU. He stated that without the monies due, the Playhouse could be forced to close. Ernie Feeney, 1154 - Dorset Lane, Costa Mesa, referred to the Agenda Report, Page 2, stating that the complaints of the Patrons Association are not accurate. I She questioned forgiving a debt if financial data had not'been provided, and pointed out that it was not equitable to excuse this debt when other worthwhile organizations cannot even obtain waiver of fees for use of City facilities. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the support for these types of groups should come from the community and not from the City. He offered to assist the Playhouse in raising funds. John Feeney, 1154 Dorset Lane, Costa Mesa, expressed his objections to writing off the debt of the Patrons Association. He suggested continuing this item because of the lack of proper financial documentation. x MOTION A motion was made by Council Member Hornbuckle, seconded by MOU Reaffirmed; Vice Mayor Humphrey, to reaffirm the MOU which was designed Release of Funds to help the Playhouse work towards financial independence; release Approved funds owed the Civic Playhouse per the MOU, $23,687.50, which includes the 1992 Yuletide Pageant; and hold the 1993 Yuletide Pageant in abeyance, to be considered separately at budget time next year. Vice Mayor Humphrey suggested eliminating action on the 1993 funding for the Yuletide Pageant, and Council Member Hornbuckle concurred. Mayor Genis opposed the motion because she felt it was important that the original loan be repaid. The motion carried 3-2, Council Members Genis and Erickson voting no. MOTION On motion by Council Member Hornbuckle, seconded by Council Patrons Debt Member Buffa, and carried 5-0, the outstanding debt to the City by Continued to the Costa Mesa Civic Playhouse. Patrons Association was continued December 6, 1993 to the meeting of December 6, 1993; enlisting Mr. Soffer's aid in assisting the Patrons Association to work out a means of repaying the debt; and asking the Patrons Association to present this plan at the December 6 meeting. MOTION A motion was made by Council Member Hornbuckle, seconded by 1993 Yuletide Council Member Buffa, to eliminate funding for the 1993 Yuletide Pageant Funding Pageant, because .it was not part of the budget discussions, and to Eliminated reconsider the Pageant at budget time next year. The motion carried 5-0. Mayor Genis stated for the record that a comment was made regarding the problem with smoking prohibition; however, a letter from Mr. Hunzinger attached to the December 7, 1990, staff report, which was prior to the time of the deferred payment of the fees for the Civic Playhouse, said, "We think that it noteworthy that we, the CMC Playhouse Patrons Association have the only nonsmoking bingo game in the State of California which is successful. We all hope we can keep it that way." She also noted that the December, 1990, problem with not having the bingo games during December was also prior to entering into the MOU. She clarified for the Playhouse that they are released from producing a Yuletide Pageant this year, and the City will provide a confirming letter. NEW BUSINESS The Deputy City Clerk presented City Attorney's Report No. 93 - Transportation 109A, and an ordinance relating to the Transportation Commission Commission functions. The City Attorney referred to Exhibit A, stating that Functions there should be a notation on the last item, Vehicle Parking District, indicating appeal to the Planning Commission; on Page 3 of the proposed ordinance, Line 2, change to read, "authority of", deleting the words "or" and "the"; and deleting "recommendations of from Line 3. He stated that the Planning Commission salaries are set by resolution. Mayor Genis clarified that last year, all commission salaries were cut by 25 percent. Council Member Hornbuckle suggested dispensing with the use of a police officer at the Planning Commission meetings, and the City Manager concurred. MOTION On motion by Council Member Buffa, seconded by Council Member Ordinance 93-17 Erickson, and carried 5-0, Ordinance 93-17, AN ORDINANCE OF Given First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 10-42,10-43,10-45, 10- 47, 10-48, 10-221.3, 13-12, AND 15-13, AND REPEALING SECTION 10-44 OF THE COSTA MESA MUNICIPAL CODE .RELATING TO THE TRANSPORTATION, COMMISSION FUNCTIONS, was given first reading and passed to second reading, including the City Attorney's modifications as noted above, and stipulating that Planning Commissioners will be paid at the rate of $75.00 per meeting, not to exceed $300.00 per month until the ordinance takes effect. NEW BUSINESS The Deputy City Clerk presented a request from Council Member AQMD Board Buffa for support of , his nomination to the South Coast Air Quality Management District board. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Buffa Nomination Hornbuckle, and carried 5-0, Council supported the nomination of Supported Council Member Buffa to the AQMD Board. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORTS Government Code Section 54956.9(a) to discuss the following: Request for Closed Joseph A. Rose and Robert D. Christie v. City of Costa Mesa, et Session: Rose/ al., United States District Court Case No. CV-91-2584(LMH); and Christie v. City; Orange County Superior Court Case No. 70 39 37; and Jill Rosoff Rosoff v. City v. City of Costa Mesa, et al., Orange County Superior Court Case No. 70 73 35. Mayor Genis announced that closed session would be held at the close of regular business. COUNCIL Council Member Buffa announced that Triangle Square received the COMMENTS American Institute of Architects (A.I.A.), Orange County chapter, Triangle Square award for architecture and is now in national competition. K Mart Plaza Council Member Hornbuckle reported that the K Mart Plaza on Harbor Boulevard is , well worth visiting. She stated that the trip to League of Cities San Francisco for the League of Cities conference was a great success. She expressed interest in making the City more "pedestrian friendly". Bridge Alternative Vice Mayor Humphrey thanked everyone involved in the Bridge Study Alternative Study Program for their efforts to remove the bridges and 19th Street from- the Master Plan of Arterial Highways. DARE Fair Mayor Genis expressed thanks to those who worked on the DARE Fair the previous Saturday, and the volunteers who were out Ed Glasgow planting trees at that time, especially John DeWitt for his coordinating efforts. She expressed sympathy to the family of former Council Member Ed Glasgow who passed away recently. ADJOURNMENT TO At 10:55 p.m., the Mayor adjourned the meeting to closed session CLOSED SESSION in the first floor conference room to discuss the items listed under City Attorney's reports. MEETING The Mayor reconvened the meeting at 11:00 p.m., and the action RECONVENED taken during closed session was announced. MOTION Regarding Joseph A. Rose and Robert D. Christie v. City of Costa Rose/Christie Mesa, et al., United States District Court Case No. CV -91 - Settlement Authorized 2584(LMH); and Orange County Superior Court Case No. 70 39 37, by a vote of 5-0, Council authorized settlement as outlined in the City Attorney's confidential memorandum dated October 14, 1993. MOTION Regarding Jill Rosoff v. City of Costa Mesa, et al., Orange County Rosoff Settlement Superior Court Case No. 70 73 35, by a vote of 5-0, Council Authorized authorized settlement as outlined in the City Attorney's confidential memorandum dated October 22, 1993. 1 ADJOURNMENT The Mayor declared the meeting adjourned at 11:05 p.m. Mayor of the City of Costa Mesa ATTEST: Deputy Ci Clerk of the City of Costa Mesa X289