HomeMy WebLinkAbout11/01/1993 - City CouncilREGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
NOVEMBER 1, 1993
The City Council of the City of Costa Mesa, California, met in
'regular session November 1, 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 Minister Andrew Wall,
Church of Christ.
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
Senior Planner Alice Angus
Deputy City Clerk Mary Elliott
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- Larry Weichman, 1165 Boise Way, Costa Mesa, spoke regarding the
CATIONS "Let's Beautify Costa . Mesa" brochure, a copy of which had been
;given to Council, which targets enhancement of the overall
"Let's Beautify 'appearance of the City. He suggested a new or revised ordinance
Costa Mesa" ;which would address maintenance of the exterior condition of
properties, including landscaping, and explained that the cities of
Westminster, Santa Ana, and Anaheim currently have ordinances
with specific wording to address properties that do not meet
'minimum standards (specifically Westminster Ordinance Section
;17.46.150). He spoke against the use of City streets as a parking lot
;for motorhomes, boats, and recreational vehicles.
'Nelson Cheney, 1978 Meyer Place, Costa Mesa, supported Mr.
!Weichman's suggestion of an ordinance to assist with the beautifi-
cation of Costa Mesa. He described a neighboring piece of property
at 1970 Meyer Place which is steadily deteriorating. Mayor Genis
;asked the City Manager to investigate this problem.
Patricia Shuda, 2895 Palau Place, Costa Mesa, owner of property on
Meyer Place, stated that the above-mentioned property is a disgrace
and offered to assist in cleaning it:up.
Building Variance Connie Davies, 1778 Crestmount Place, Costa Mesa, stated that the
Application owners of the house next to her property had begun to build a
structure in their backyard without a building permit but had been
stopped by the City's Building Division. She inquired as to the
status of this project. The Deputy City Manager/Development
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Services responded that pending an application for a variance from
the property owner, the stop work order would remain in effect; -and
if an application is not received within 30 days, an order to demolish
would be issued and the property owners cited.
Red Ribbon Week Charles Markel, 2851 Clubhouse Road, Costa Mesa, co-chairman of
the Red Ribbon Week campaign, thanked Council, the Substance
Work on Placentia Abuse Committee, and others who helped make the event successful;
Avenue commented on the excellent job done on Placentia Avenue; and
urged everyone to vote on Tuesday, November 2, 1993.
Local Fires Sid Soffer, 900 Arbor Street, Costa Mesa, commented on the recent
local fires, and stated that he felt staffing of the Police and Fire
Departments should be a priority. He complained about the timing
of the traffic signals on Placentia Avenue.
CONSENT The following items were removed from the Consent Calendar:
CALENDAR Item 5(e), Claim from Newport Boulevard Associates; Item 6, City
Hall Accessibility Ramps, Handrails, and Parking Areas, Project
No. 93-12; Item 7, Completion of Adams Avenue Improvements,
Project No. 92-17; Item 11, Completion of Metro Fire Station; and
Item 13, Final Map for Tract 14668.
MOTION/Approved On motion by Council Member Buffa, seconded by Council Member
Except Items 5(e), Erickson, the remaining Consent Calendar items were approved as
6, 7, 11, and 13 recommended.
READING FOLDER The following Reading Folder items were received and processed:
Claims Claims received by the Deputy City Clerk: Phillip Diehn; Bert
Ebel; Cloud R. Geissinger; Pete Peterson and Mike Smith
(Laurel Point Townhomes); JoAnn C. Reinholt; Royalla
Richards; Kathi Schroeder; Mary D. Stockton; Constantin
Taylor; and Doris Walsh.
Alcoholic Alcoholic Beverage Licenses for which parking has been
Beverage approved by the Planning Staff: Radi Suleiman Tashman, doing
Licenses business as Harbor Beer & Wine, 2330 Harbor Boulevard.
Local Public Letter from the City of Los Angeles supporting Proposition
Safety Act 172, Local Public Safety Protection and Improvement Act of
1993, on the November 2, 1993, Statewide ballot.
Federal Mandates Resolution from the City of Dana Point supporting Federal
on Local and State legislation ending the practice of imposing unfunded Federal
Governments mandates on local and state governments.
BUSINESS LICENSE Notice of Intention to Appeal or Solicit for Charitable Purpose from
Permit Approved Greenpeace Action, 3909 4th Avenue, Suite 201, San Diego, by
for Greenpeace soliciting funds from November 2, 1993, to November 1, 1994, was
Action approved pursuant to Municipal Code Section 9-127(d).
WARRANTS Warrant Resolution 1556, funding City operating expenses in the
Approved Warrant amount of $2,195,738.89; and Payroll 9319 for $1,195,702.78, were
1556/Payroll 9319 approved.
Approved Warrant Warrant Resolution 1557, funding City operating expenses in the
1557/Payroll 9320 amount of $919,485.79; and Payroll 9320 for $1,134,332.68, were
approved.
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REJECTED CLAIMS The following claims were rejected:
Crawford Wesley Crawford (alleged false arrest and.false imprisonment).
Dardashti Saul Dardashti (vehicle damaged by debris from back of private
truck).
Fritch Edward G. Fritch (alleged violation of civil rights due to DUI
arrest).
Lee Suzanne Lee (vehicle tire damaged by asphalt on the 405
Freeway).
ADMINISTRATIVE Street Rehabilitation of Victoria Street from Newport Boulevard to
ACTIONS Harbor Boulevard, Project No. 92-16, Federal and ISTEA Project
Accepted Work by No. STPL-5312(005), was. completed on May 21, 1993, to the
Excel Paving for satisfaction of the Public Services Director by Excel Paving
Rehabilitation of Company, 2230 Lemon Avenue, Long Beach. The work was
Victoria Street, accepted; the Deputy' City Clerk was authorized to file a Notice of
Project No. 92-16 Completion; authorization was given to release retention funds 35
days thereafter; the. Labor and Material Bond was ordered
exonerated 7 months thereafter; and the Performance Bond was
ordered exonerated 12 months thereafter.
Accepted Work by Iowa Street Storm Drain Improvements, Project No. 93-07, were
Gillespie Construc- completed on September 27, 1993, to the satisfaction of the Public
tion for Iowa Street Services Director by Gillespie Construction, Inc., 245 Fischer
Storm Drain, Project Avenue, Unit B-3, Costa Mesa. The work was accepted; the Deputy
No. 93-07 City Clerk was authorized to file a Notice of Completion;
authorization was given to release retention funds 35 days thereafter;
the Labor and Material Bond was ordered exonerated 7 months
thereafter; and the Performance Bond was ordered exonerated 12
months thereafter.
Accepted Work by Street Rehabilitation of Fairview Road from Baker Street to
Boral Resources for Sunflower Avenue, Project No. 92-14, Federal and ISTEA Project
Fairview Road 'No. STPLN-5312(001) and STPLN-5312 (007), was completed on
Improvement, Project July 13, 1993, to the;satisfaction of the Public Services Director by
No. 92-14 Boral Resources, Inc., 1301 East Lexington Avenue, Pomona. The
work was accepted; the Deputy City Clerk was authorized to file a
Notice of Completion; authorization was given to release retention
funds 35 days thereafter; the Labor and Material Bond was ordered
exonerated _ 7 months thereafter; and the Performance Bond was
ordered exonerated 12 months thereafter.
Approved Adjustment
94-10 for I-405 Budget Adjustment No. 94-10, for $434,850.00, to construct. the
Southbound Offramp I-405 Fairview southbound off -ramp, was approved.
Approved Change Change Order No. 3 for $9,112.00 to the contract with Bopark
Order No. 3 to Enterprises, 8560 Vineyard Avenue, No. 103, Rancho Cucamonga,
Bopark Enterprises was approved for construction of the Corporation Yard Bike Trail
Contract for Corpora-. from Placentia Avenue to 1,000 Feet East of Placentia Avenue,
tion Yard Bike Trail, Project No. 93-05. Additional work was necessary to prevent
Project No. 93-05 hazardous conditions in the public right-of-way.
Adopted Resolution Resolution 93-84, A RESOLUTION OF THE CITY COUNCIL
93-84 for Newport OF THE CITY OF 'COSTA MESA,. CALIFORNIA,
Boulevard Streetscape APPROVING THE APPLICATION FOR GRANT FUNDS
Improvements FOR THE ENVIRONMENTAL ENHANCEMENT AND MITI-
GATION PROGRAM UNDER SECTION 164.56 OF THE
STREETS AND HIGHWAYS CODE FOR THE FOLLOWING
1
11
PROJECT: NEWPORT BOULEVARD STREETSCAPE
IMPROVEMENTS; was adopted.
Adopted Resolution Resolution 93-85, A RESOLUTION OF THE CITY COUNCIL
93-85 Designating a OF . THE . CITY OF COSTA MESA, CALIFORNIA,
Disadvantaged Busi- DESIGNATING A DISADVANTAGED BUSINESS ENTER-
ness Liaison Officer PRISES LIAISON OFFICER, was adopted in conjunction with the
Disadvantaged Business Enterprise (DBE) program.
Adopted Resolution An amendment to the Planned Signing Program at Triangle Square
93-86 Approving for Virgin Megastore signs was approved by adoption of Resolution
Planning Action 93-86, A RESOLUTION OF THE CITY COUNCIL OF THE
PA -90-55A3 CITY OF COSTA MESA, CALIFORNIA, APPROVING
PLANNING ACTION PA -90-55A3.
Adopted- Resolution Resolution 93-87,,A RESOLUTION OF THE CITY COUNCIL
93-87 Adjusting the OF THE CITY OF COSTA MESA, CALIFORNIA,
Rate of Pay for AMENDING RESOLUTION 93-60 BY ADJUSTING THE
Deputy City Clerk RATE OF PAY FOR A CURRENT CITY CLASSIFICATION
ON THE BASIC PAY SCHEDULE (Deputy City Clerk), was
adopted.
Adopted Resolution Resolution 93-88, A RESOLUTION OF THE CITY COUNCIL
93-88 Designating OF THE CITY OF COSTA MESA, CALIFORNIA,
the City Manager as APPOINTING AND DESIGNATING THE CITY MANAGER
City Clerk AS CITY CLERK AND AMENDING RESOLUTION NO.
91-80 BY DELETING THE CITY CLERK CLASSIFICATION
FROM THE EXECUTIVE PAY SCHEDULE, was adopted.
Approved and Rati- Service Agreements between the cities of Costa Mesa and Santa Ana
fied Agreements with were ratified for fiscal years 1991-92 and 1992-93, and approved for
City of Santa Ana for fiscal year 1993-94 at a cost of $200,000.00 annually, for the City
Helicopter Services of Costa Mesa to provide helicopter patrol services.
Newport Boulevard Item 5(e) on the Consent Calendar was presented: Claim from
Associates Claim Newport Boulevard Associates (reimbursement of monies paid under
terms of a commercial rehabilitation loan). Sid Soffer, 900 Arbor
Street, Costa Mesa, asked about the basis for this claim. The City
Attorney explained that a loan was made to Newport Boulevard
Associates, the property transferred, the loan paid back, and they
MOTION now are disputing their _agreement with the City. On motion by
Claim Rejected Council Member Buffa, seconded by Council Member Erickson, and
carried 5-0, the claim was rejected.
City Hall Accessi- Item 6 on the Consent Calendar was presented: City Hall
bility Ramps, Hand- Accessibility Ramps, Handrails, and Parking Areas, Project No. 93 -
rails, and Parking 12. Sid Soffer, 900 Arbor Street, Costa Mesa, asked why
Areas, Project No. $49,246.00 was being spent on this item since the Building Official
93-12 declared there were no accessibility problems in City Hall. The City
Attorney responded that this item will comply with the Federal law
(Americans With Disabilities Act); and his Report No. 92-72 dated
November 5, 1992, indicated that the facility was reinspected .and
access deficiencies were found on certain floors according to State
law. Mayor Genis stated that the City Attorney and Vice Mayor
Humphrey will meet this week with State officials in Los Angeles
MOTION regarding this issue. On motion by Council Member Hornbuckle,
,Awarded to IPS seconded by Vice Mayor Humphrey, and carried 5-0, the contract
Services was awarded to IPS Services, Incorporated, Post Office Box 10458,
San Bernardino, for $49,246.00.
i• C'7f F'y
Street Rehabilitation
Item 7 on the Consent Calendar was presented: Completion of
for Adams Avenue
Street Rehabilitation on Adams Avenue from Placentia Avenue to
Improvement, Project
Royal Palm Drive, , and from Peterson Place to Fairview Road,
No. 92-17
Project No. 92-17, Federal and ISTEA Project No. STPLN-
5312(002), by Sully -Miller Contracting Company, 6145 Santiago
Canyon Road, Orange. Sid Soffer, 900 Arbor Street, Costa Mesa,
stated that his comments also pertained to the three following items
on the agenda which are also completed projects, asking if there
were Measure C monies involved in these improvements. The
Public Services Director answered that the City's matching monies
were from the Measure C street maintenance account. On motion
by Council Member Hornbuckle, seconded by Vice Mayor
MOTION
Humphrey, and carried 5-0, the work was accepted; the Deputy City
Work by Sully -Miller
Clerk was authorized to file a Notice of Completion; authorization
Accepted
was given to release retention funds 35 days thereafter; the Labor
and Material Bond was ordered exonerated 7 months thereafter; and
the Performance Bond was ordered exonerated 12 months thereafter.
Metro Fire Station
Item 11 on the Consent Calendar was presented: Completion of
Metro Fire Station. Sid Soffer, 900 Arbor Street, Costa Mesa,
praised the Fire Department and emphasized that the City should
employ as many firefighters as possible. Mayor Genis reported that
the City had four companies of Costa Mesa firefighters assisting in
putting out the recent fires in Laguna Beach, another company in
Villa Park, and police officers helped to evacuate residents and to
MOTION
direct traffic. On motion by Council Member Hornbuckle, seconded
Work by Various
by Vice Mayor Humphrey, and carried 5-0, work by the following
Contractors Accepted
contractors was accepted; the Deputy City Clerk was authorized to
file a Notice of Completion; authorization was given to release
retention funds 35 days thereafter; and the Labor and Material Bonds
and Performance Bonds were ordered exonerated, if applicable, in
accordance with contract documents:
Bayshore Tile, Inc., 3120 Pullman Street, Costa Mesa;
Bill's Sound Systems, Inc., 3190-C Airport Loop Drive, Costa
Mesa;
Bruin Painting Corporation, 26111 Ynez Road, No. B-18,
Temecula;
C & R Plumbing Company, Inc., 7581 Hazard Avenue, Unit B,
Westminster;
The Carvist Corporation, 12391, Lewis Street, Suite 202, Garden
Grove;
Ceiling Concepts, Inc., Post Office Box 1597, Bellflower;
Cowelco, 1634 West 14th Street, Long Beach;
Crown Fence Company, 4130 Cherry Avenue, Long Beach;
Delta Pacific Builders, Inc., 7582 Anthony Avenue, Garden
Grove;
H & M Excavating, Inc., 26816 Calle Juanita, Capistrano;
j Charles Hester, 1665 North Mills Avenue, Claremont;
Integrated Coating & Flooring Company, 3544 East Enterprise
Drive, Anaheim;
M & T Construction Specialties, Inc., 12407 Slauson Avenue,
Suite O, Whittier;
Metro Fire Protection, Inc., 14141 Covello Street, Suite 8-B,
Van Nuys;
Micon Engineering, Inc., 780 South Van Buren Street, Suite G,
Placentia;
Norwalk Econo Air, Inc., 16616 Alburtis Street, Artesia;
Pacific Coast Flagpole, Post Office Box 3662, Santa Barbara;
Paller & Goldstein, 13309 South Western Avenue, Gardena;
Person Electric, 401 Calle Fiesta,. San Clemente;
Safeguard Industrial Door Company, Post Office Box 2704,
Huntington Beach;
Shamrock Asphalt, .Inc., 15508 Lakewood Boulevard, Bellflower;
Charles E. Thomas Company, 1128 East Valencia Avenue,
Fullerton;
Western Pacific Engineering, Inc., 151 Kalmus Drive,
Suite D-102, Costa Mesa;
Roy E. Whitehead, Inc., 2245 Via Cerro, Riverside; and
Young Electric Sign Company, 1413 East Philadelphia Street,
Ontario.
Final Map for Tract Item 13 on the Consent Calendar was presented: Final Map for
14668, V.N.E.- Tract 14668; one lot, 0.524 -acre, located at 2301, 2303, 2305, and
Development 2307 Elden Avenue; .V.N.E. Development, Inc., developer, 1048
Irvine Avenue, Suite 363, Newport Beach. Mayor Genis stated. she
would like to ensure that the requirement for the payment of park
fees is in some way attached to the map or to the property in order
that subsequent property owners would be cognizant of the fact that
they would be responsible, .and there would be a legal vehicle for
recovering those fees. Sid Soffer, 900 Arbor Street, Costa Mesa,
MOTION commented on . the above suggested requirement. On motion by
Map Approved Mayor Genis, seconded by Vice Mayor Humphrey, and carried 5-0,
the map was approved, the Deputy City Clerk was authorized to sign
said map on behalf of the City, and staff was directed to ensure that
the agreement on the fee deferral is. recorded with the map, or other
appropriate instrument, in'a manner that would ensure payment of
fees in the future.
PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued
Rezone Petition from the meeting of April 19, 1993, to consider Rezone Petition
R-92-06, Site N R-92-06, to change the zoning of Site N (2490 Fairview Road) in
General Plan Planning Area No. 4 to zoning consistent with the
1990 General Plan. Environmental Determination: Environmental
Impact Report No. 1044 adopted for the 1990 General Plan. The
Affidavit of Publication is on file in the City Clerk's office. No
communications were received. Letters were sent to representatives
of the property owner and to the homeowners association. The
Deputy City Manager/Development Services summarized the Agenda
Report dated October 18, 1993, and briefly reviewed the
circumstances of the proposed rezone.
Sid Soffer, 900 Arbor Street, Costa Mesa, stated that he believed
that the best use of Fairview Road would have been for commercial
as opposed to residential use.
Franklin Cole, 2482 Fairview Way, Costa Mesa, representing the
Fairview Village Homeowners Association, concurred with the
General Plan designation of high density residential and R3 zoning.
There being no other speakers, the Mayor closed the public hearing.
MOTION On motion by Council Member Buffa, seconded by Vice Mayor
Ordinance 93-18 Humphrey, and carried 5-0, Ordinance 93-18, AN ORDINANCE
Given First Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ADOPTING. REZONE PETITION R-92-06,
CHANGING THE ZONING OF SITE N LOCATED IN GENERAL
PLAN PLANNING AREA NUMBER FOUR TO ZONING
CONSISTENT WITH THE 1990 GENERAL PLAN; approving R3
zoning, was given first reading and passed to second reading.
PUBLIC HEARING The Deputy City Clerk announced that this was the time and place
General Plan Amend- set for the public hearing to consider General Plan Amendment GP-
ment GP -93-04B 93-04B and Zoning Code Amendment, to provide opportunities for
voluntary redevelopment of residential projects that were made
nonconforming by the adoption of the 1990 General Plan.
Environmental Determination: Final Environmental Impact Report
No. 1044 adopted for the 1990 General Plan. The Affidavit of
Publication is on file in the City Clerk's office. No communications
were received. The Mayor announced that this item may be
continued. The- Deputy City Manager/Development Services
reviewed the Agenda Report dated October 20, 1993. The Senior
Planner answered questions from Council, stating that the General
Plan rendered approximately 2,300 projects, containing approxi-
mately 15,500 units, nonconforming.
'Sid Soffer, 900 Arbor Street, Costa Mesa, asked for clarification of
the Grandfather clause, and discussed legal as opposed to illegal
nonconforming uses. He stated that it was his understanding that the
Government Code states that a municipality shall eliminate all legal
nonconforming uses.
Carey Ward, 126 East 19th Street, Costa Mesa, Ad Hoc Committee
member, supported continuation of this item, and suggested
investigating options to avoid harming properties by reducing
development when rebuilding is voluntary.
Tom Schworer, 1816 Kinglet Court, Costa Mesa, Ad Hoc
Committee member, requested a study session to discuss this item,
and expressed his support for Option 1.
Patricia Schuda, 2895 Palau Place, Costa Mesa, explained that she
owns six older units on Meyer Street, and down -zoning would lower
the value of -her property. She supported Option 1.
Art Reese, 2069 Swan Drive, Costa Mesa, Ad Hoc Committee
member, expressed concern regarding Council's continuing hesitancy
to commit to Option 1. He asked that property owners be given the
opportunity to improve the City by erecting newer structures.
Charles Markel, 2851 Clubhouse Road, Costa Mesa, suggested
approval of Option 1 which would assist people in dealing with
lenders to refinance or purchase properties. He stated that down -
zoning would perpetuate substandard units.
Stan Schuda, 2895 Palau Place, Costa Mesa, reported that he had
purchased units on Meyer Place and upgraded them over the years.
He felt that it was unfair 'to down -zone at this point as it would
impact his retirement income.
Ed Fawcett, President, Costa Mesa Chamber of Commerce, 1835
Newport Boulevard, Costa Mesa, addressed the inadequacies in the
General Plan, stating that Option 1 provided some relief to down -
zoning of residential properties as well as incentives for the
improvement of deteriorating structures, and supported Option 1
without further restrictions. He encouraged Council to instruct staff
to resume exploring, with the participation of interested individuals
and the Ad Hoc Committee, other General Plan deficiencies and
their corrections.
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MOTION On motion by Council Member Erickson, seconded by Vice Mayor
Continued to Humphrey, and carried 5-0, the public hearing was continued to the
December 6, 1993 meeting of December 6, 1993.
Mayor Genis encouraged the use of staff time to investigate the
specific General Plan issues under consideration. Mayor Hornbuckle
commented that she hoped that the bulk of the information was
hopefully readily available, could be readily accessed, and would not
require the use of too much of staffs time. The Mayor requested
that the following issues be addressed: affordability on units above
those permitted by the existing General Plan; whether this constitutes
spot zoning, particularly in the mixed areas; and issues of equal
protection. Vice, Mayor Humphrey . suggested that the Ad Hoc
Committee receive the 'information at the same time as Council.
OLD BUSINESS The. Deputy City Clerk presented from the meeting of October 25,
Transportation 1993,;second reading and adoption of Ordinance 93-17 relating to
Commission the Transportation Commission functions, and a resolution for
Functions Planning Commission compensation. The City Attorney reviewed
the proposed ordinance and resolution, which reflects the motion
made at the October 25, 1993, meeting, which is to pay the
Commissioners at a rate of $75.00 per meeting, not to exceed
$300.00 per month.
MOTION On motion by Council Member Buffa, seconded by Council Member
Ordinance 93-17 Erickson, and carried 5-01 Ordinance 93-17, AN ORDINANCE OF
Adopted; Resolution THE CITY COUNCIL OF THE CITY OF COSTA MESA,
93-89 Adopted CALIFORNIA, AMENDING SECTIONS 10-42, 10-43, 10-45, 10-
47, 10-48, 10-221.3,13-121 AND .15-13, AND REPEALING
SECTION 10-44 OF THE COSTA MESA MUNICIPAL CODE
RELATING TO THE TRANSPORTATION COMMISSION
FUNCTIONS, was given second reading and adopted; and
Resolution 93-89, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, SETTING THE
SALARIES OF THE PLANNING COMMISSIONERS, was
adopted.
NEW BUSINESS The Deputy City Clerk presented City Attorney's Report No. 93 -
Material Harmful 120, and an ordinance adding Chapter X to Title 11 of the Costa
to Minors Mesa Municipal Code relating to the display of material which is
harmful to minors in a public place. The City Attorney stated the
ordinance is in compliance with California Penal Code Section
313.1, providing for an ordinance to be adopted to restrict the
display of harmful matter to minors, and briefly reviewed the
ordinance.
Susan Emerson, 1923 Whittier Avenue, Costa Mesa, school
psychologist and child therapist, reiterated that this type of material
is harmful to children, and expressed her pride in the City and its
residents.
Wendy Leece, 1107 Valley Circle, Costa Mesa, commented on the
proliferation of pornographic material, and thanked Council for their
positive, timely response to this problem.
MOTION On motion by Council Member Hornbuckle, seconded by Council
Ordinance 93-19 Member Buffa, and carried 5-0, Ordinance 93-19, AN
Given First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY -OF
COSTA MESA, CALIFORNIA, ADDING CHAPTER X TO
TITLE 11 OF THE COSTA MESA MUNICIPAL CODE
298
RELATING TO' DISPLAY OF MATERIAL WHICH IS
HARMFUL TO MINORS IN A PUBLIC PLACE, was given first
reading and passed to second reading.
NEW BUSINESS The Deputy City Clerk presented City Attorney's Report No. 93 -
Sanitary District 121, regarding proposed agreements with the Costa Mesa Sanitary
Operations and District on District operations and waiver of AB 939 fees. The City
AB 939 Fees Attorney addressed the agreements with the Sanitary District, stating
that the. -first agreement, Exhibit B to his report, amends the Joint
Powers Agreement (JPA) between the City and the District; and the
second agreement, Exhibit C, would have the City waive the current
AB 939 fee, which, is the solid waste source reduction, recycling,
and composting program that the City is operating pursuant to State
law. He remarked, for the record, that the agreement marked
Exhibit B would supersede the agreement that was originally entered
{ into by the City in 1955, amended in 1978 and 1986. He stated one
of the key provisions is that this would deed back to the District title
to the sewer systems and residential garbage collection system.
The Public Services Director responded to a question from the
Mayor by stating that the District has spent considerable sums of
money maintaining and repairing the sewer system and constructing
many new main line sewer systems. He summarized his revised
Agenda Report dated October 29, 1993.
Franklin Cole, 2482 Fairview Way, Costa Mesa, stated that- the
people actually own the sewer lines through fees paid, and expressed
his opinion that the District should operate as a division of the City.
Mayor Genis noted that Mr. Cole had at one time served on the
Sanitary District Board.
MOTION/AB 939
Agreement Approved; On motion by Council Member Buffa, seconded by Vice Mayor
JPA Agreement Humphrey, and carried 5-0, the AB 939 agreement as modified by
Continued to the Agenda Report dated October 25, 1993, was approved, and the
December 6, 1993 JPA was continued to the meeting of December 6, 1993.
NEW BUSINESS The Deputy City Clerk presented City Attorney's Report No. 93-116
Prosecution Services regarding an Amendment to the Agreement with the Orange County
District Attorney's, Office for prosecution services. The City
Attorney summarized the report, and stated that the use of the
District Attorney's office for litigation of criminal citations has been
very cost effective.
MOTION On motion by Council Member Erickson, seconded by Vice Mayor
Amendment Approved Humphrey, and carried 5-0, the amendment to the agreement was
approved, and the Mayor and Deputy City Clerk were authorized to
sign on behalf of the City.
NEW BUSINESS The Deputy City Clerk presented a request for partial street closures
Times Orange County for the Times Orange County Holiday Parade on Saturday,
Holiday Parade November 20, 1993, at 9:00 a.m. The City Manager reviewed the
Agenda Report dated October 14, 1993. He mentioned that on the
correspondence from the applicant dated October 13, 1993, he is
listed as a Board of Directors member, and clarified that this is a
noncompensating position.
MOTION On motion by Council Member Hornbuckle, seconded by Vice
Request Approved Mayor Humphrey, and carried 5-0, the request was approved,
Stipulating that access remain available to the apartments on
Sunflower Avenue.
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NEW BUSINESS The Deputy City Clerk presented a request to approve appointments
Citywide Traffic to the Ad Hoc 'Committee on Citywide Traffic Impact Fees. The
Impact Fees Public Services Director summarized the Agenda Report dated
Committee October 21, 1993.
MOTION On motion by Council Member Buffa, seconded by Council Member
Appointed Committee Erickson, and carried 5-0, the following persons were appointed to
Members and the the Ad Hoc Committee:
-- Mayor as Chairperson
Mark Korando (Planning Commission); Malcolm C. Ross
(Major Developers Representative); Kerry Smith (Smaller
Developers Representative); Ed Fawcett (Chamber of
Commerce Representative); Gene Hutchins was appointed the
at -large member representing a homeowners association; Derald
Hunt was appointed as the at -large member representing the
residents of, Costa ' Mesa; Ralph A. Ringo was appointed
alternate resident representative; Mayor Genis was appointed
chairperson; with other members to include City Development
and Transportation Services staff members.
NEW BUSINESS The Deputy City Clerk presented the Costa Mesa Business Retention
Costa Mesa Business Strategy. The City Manager reviewed the Agenda Report dated
Retention Strategy October 28, 1993.
Charles Wilson, Southern California Edison Company, reported that
the task force had worked on this report nearly a year, and the intent
is to recognize that this community has some strengths, some
challenges, and they are looking for a proactive way to capitalize on
the strengths.
Sid Soffer, 900 Arbor Street, Costa Mesa, discussed the economic
status of the City, and suggested looking towards the future.
.MOTION A motion was made by Council Member Buffa, seconded by Council
Strategy Approved Member Hornbuckle, and carried 5-0, approving the Costa Mesa
Business Retention Strategy in concept, and directing staff to finalize
a Council policy once Council's comments have been received.
Council Member Buffa thanked Charles Wilson, Ed Fawcett of the
Costa Mesa Chamber of Commerce, and all those who were
involved in the round table discussions, stating that this plan was
impressive in its level of detail. Council Member Hornbuckle
expressed her opinion that Costa Mesa has a good business climate
and does have particular advantages. Council Member Erickson
commented that businesses do appreciate there being no utility tax,
low business permit fees, and low fees altogether. Mayor Genis
defined "good business" as providing a good product and good
service at a fair price. Vice Mayor Humphrey stated that the only
way this program can become a reality is if the business community
is actively involved, as they now are.
ORAL Nancy Palme, 1997 Kornat Drive, Costa Mesa, representing the
COMMUNI- Costa Mesa Transportation Alternatives Study Group, stated she had
CATIONS just returned from the Huntington Beach City Council Meeting .at
REOPENED which; by a vote of 7-0, they supported immediate deletion of the
Santa Ana River bridges from the Master Plan of Arterial Highways.
She reported that Supervisor Harriett Wieder was in attendance, in
addition to several hundred persons in favor of the deletion. She
related that this issue would be discussed at the Fountain Valley
Council meeting on November 16, 1993.
R
CITY ATTORNEY The City Attorney requested a closed session pursuant to
REPORTS Government Code Section 54956.9(a) to discuss the following items:
Request for Closed Bernard Rubio v. City of Costa Mesa, et al., Orange County
Session: Rubio v. ! Superior Court Case No: 70 31 58; Eugene Scarcello v. City of
City; Scarcello v. Costa Mesa, et al., Orange County Superior Court Case No. 71 82
City; Metro Fire 79; Overhead Door Company v. City of Costa Mesa, Orange
Station Litigation; County Superior Court Case No. 70 68 01, and related litigation by
and Gonzales v. San Marino Roof Company, Inc., Paller and Goldstein, and
City Qualified Electric Supply Company, and claim of Aero -Crete
Lightweight Concrete, Inc. (Metro Fire Station); and Gonzales v.
City of Costa Mesa, et al., Orange County Superior Court Case No.
58-63-39. The Mayor announced that closed session would be held
at the close of regular business.
COUNCIL Council Member Erickson announced two meetings to be held on
COMMENTS Wednesday, November 3, 1993: at 7:00 p.m., an open house to be
Meeting Announce- held by the Automobile Club in the cafeteria at their facility on
ments Fairview Road to discuss proposed expansion; and at 1:30 p.m., at
12 Civic Center Plaza in Santa Ana, the Orange County Planning
Commission will be discussing the bridges and East 19th Street
cooperative study.
Election Day Council Member Buffa announced that November 2, 1993, was
election day, and encouraged everyone to participate.
Newsracks Council Member Hornbuckle reported that the newsracks in front of
Norms Restaurant on Harbor Boulevard were broken, bent, and
Fire Victims rusted. She extended her sympathy to the fire victims in Laguna
Beach and other areas in California who lost their homes.
Red Ribbon Week Vice Mayor Humphrey also expressed sympathy to the fire victims,
and stated he was pleased the Costa Mesa Fire and Police
Departments could assist. He thanked the Substance Abuse
Committee and the Kiwanis Club for a successful Red Ribbon Week
celebration held at the Mesa Verde Center. He also encouraged
everyone to vote on, November 2..
Open House Balloons Mayor Genis thanked real estate agents who removed their signs
after an open house; however, she encouraged them also to take the
Police Survey attached balloons instead of just cutting them loose. She commented
on a Costa Mesa Police Association survey which addressed their
Homeless Awareness' compensation, and suggested checking with the City for the facts
Week and Boy Scout before supporting this effort. She reported that November 7 through
Week 13, 1993, is Homeless Awareness Week; and November 13 through
20, 1993, is Boy Scout Week. The Mayor thanked Supervisor
Harriett Wieder for meeting with all the Mayors in the district
regarding the El Toro Marine Base closure.
ADJOURNMENT TO At 9:10 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
City Attorney's reports.
MEETING The Mayor reconvened the meeting at 9:50 p.m., and the action
RECONVENED taken during closed session was announced.
Rubio Settlement Regarding Bernard Rubio v. City of Costa Mesa, et al., Orange
Negotiations Given County Superior Court Case No. 70 3158, Council gave direction
to the City Attorney concerning settlement negotiations.
1
MOTION Regarding Eugene Scarcello v. City of Costa Mesa, et al., Orange
Council to Rehear County Superior Court Case No. 71 82 79, by a vote of 5-0, the
and Revaluate Planning staff and City Attorney were directed to bring a variance
Scarcello back to City Council to vacate, rehear evidence, and reconsider for
property at 17th Street and Newport Boulevard.
MOTION Regarding Overhead Door Company v. City of Costa Mesa, Orange
Metro Fire Station County Superior Court Case No. 70 68 01, and related litigation by
Settlement Authorized San Marino Roof Company, Inc., Paller and Goldstein, and
Qualified Electric Supply Company, and claim of Aero -Crete
Lightweight Concrete, Inc. (Metro Fire Station), by a vote of 5-0,
the City Attorney was authorized to settle as outlined in his
confidential memorandum dated October 21, 1993.
MOTION Regarding Gonzales v. City of Costa Mesa, et al., Orange County
Proceed with Appeal Superior Court Case No. 58-63-39, by a vote of 5-0, Council
Regarding Gonzales authorized the City Attorney to proceed to seek appeal from ruling
in favor of City of Laguna Beach on immunity.
ADJOURNMENT The Mayor declared the meeting adjourned at 9:55 p.m.
Mayor of the City of Costa Mesa
ATTEST:
Deputy Ci t
Clerk of the City of Costa Mesa
f m�' 01