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HomeMy WebLinkAbout11/15/1993 - City CouncilaD 2 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA NOVEMBER 15, 1993 The City Council of the City of Costa. Mesa, California, met in regular session November 15, 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 led by Boy Scout Troop No. 40, and invocation by the Reverend Denis Lyons, St. John the Baptist Catholic 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 Public Services Director William Morris Community Services Director Keith Van Holt Deputy City Clerk Mary Elliott MINUTES The City Attorney_ requested that . Page 12 of the minutes of the October 25, and November 1, 1993, meeting be amended by revising his November 1, 1993 recommendation to Council regarding the Scarcello lawsuit to read as follows:. "Regarding Eugene Searcello v. City of Costa Mesa, et al., Orange County Superior'Court Case No. 7182 79, by a vote of 5-0, the Planning staff and City ' Attorney were directed to bring a variance back to the'Planning Commission or City Council for the property at 17th Street and Newport Boulevard." On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 4-01 the- minutes of the adjourned meeting of October 25, 1993, were approved as distributed, and the regular meeting of November 1, 1993, were approved as amended. ORDINANCES AND A motion was made by Council Member Buffa, seconded by Council RESOLUTIONS Member Erickson, and carried 4-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- On behalf of the Cable Television Committee, Communications CATIONS Director Vince Whelan, Mayor Genis, Council Member Erickson, Cable Television and Carl Jacober expressed thanks to Wendy Leece, former Committee Recogni- Chairperson, for her contributions to the Committee. Council tion of Wendy Leece Member Ericksonread the Certificate of Appreciation, and Mayor Genis presented the document to Ms. Leece. The Mayor acknowledged other members of the Committee that were in attendance. 1990 General Plan Carey Ward, 126 East 19th Street, Costa Mesa, addressed the 1990 General Plan, stating that 16,000 rental units were impacted, 2,700 properties were classified as nonconforming, and values of those properties have declined by 25 to 50 percent. He requested that the d 303 , General Plan be reconsidered. Council Member Hornbuckle replied that Council was aware of the implications of the General Plan; however, at that time Council was attempting to address citizen's concerns regarding rapid changes occurring in the community. She stated that there are issues that will be revisited. Mr. Ward invited Council Members to attend an ad hoc committee meeting but a mutually agreeable day and time were not determined. Mayor Genis stated for the record that the ad hoc committee was not sponsored by the City. Sid Soffer, 900 Arbor Street, Costa Mesa, commented on the fact that people were just becoming aware of the drastic effect of the General Plan on property values. Sign Problems Don Williams, 264 Camellia Lane, Costa Mesa, commented that there is an overabundance of signs all over Costa Mesa, such as real estate, garage sale, lost pets, etc. He encouraged Council to consider an ordinance or some type of code enforcement to make people responsible for their signs. Mayor Genis responded that staff has been requested to investigate this problem because any sign posted in the public right-of-way is illegal. Santa Ana River Nancy Palme, 1997 Kornat Drive, Costa Mesa, reported that on Crossings Tuesday, November 16, 1993, at 7:00 p.m., the Fountain Valley City Council will take a position on the Santa Ana River Crossings issue, and encouraged interested parties to attend. CONSENT The following items were removed from the Consent Calendar: CALENDAR Reading Folder Item 3, Letter from Theodore Encinas regarding long-term parking of recreational vehicles and motor homes on City streets; Item 5, Request from James A. Italiano regarding traffic problems on Fullerton Avenue; and Item 8, Budget Adjustment No. 94-13 for the Bristol Street/I-405 Improvement project. MOTION/Approved Except Reading On motion by Council Member Buffa, seconded by Council Member Folder Item 3; . and Erickson,. and carried 4-0, the remaining Consent Calendar items Items 5 and 8 were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Chris and Yvonne Brigardi; Franco J. Rocco; Patricia Torres; and Edward Christopher Wells. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning Staff: Tadaharu Kan, doing business Licenses as Imari, 375 Bristol Street, Suite A-40; and Chunok and Wootae Han, doing business as Newport Liquor, 2200-2202 Newport Boulevard. WARRANTS Warrant Resolution 1558, funding City operating expenses in the Approved Warrant amount of $2,179,996.19; and Payroll 9321 for $1,156,255.77, were 1558/Payroll 9321 approved. REJECTED CLAIMS The following claims were rejected: Peri Avi Peri (tree roots/private sewer line). Stockton Mary Stockton (fence damaged during police pursuit). ADMINISTRATIVE Bids received for Bid Item 956, Annual Supply of Hydrogen ACTIONS/Awarded Peroxide, are on file in the City Clerk's office. The contract was Bid Item No. 956 ! awarded to Soco-Lynch Corporation, 3270 East Washington to Soco-Lynch Boulevard, Los Angeles, for $39,781.30 including tax. Approved MOU with A Memorandum of Understanding (MOU) with the Orange County OCTA for I-405 and ! Transportation Authority (OCTA) for improvements at Interstate 405 State Route 55 and State Route 55, was approved, and the Mayor and Deputy City Improvements Clerk were authorized to sign on behalf of the City. Approved Agreement Agreement No. D93-105 with the Orange County Flood Control No. D93-105 with District (OCFCD), for an independent review appraisal for Parcels OCFCD for Review R401, R402, and R802 lying within the Santa Ana River project Appraisal area, was approved, and the Mayor was authorized to sign on behalf of the City. Approved Agreement An agreement with Bruce Englebrecht and Home Savings of with Englebrecht and America, FSB, to subordinate the rental rehabilitation loan for Home Savings for property at 571 West Joann Street, Costa Mesa, was approved, and Rental Rehabilitation the City Manager was authorized to sign on behalf of the City. Long-term Parking of i The following. Consent Calendar item was presented: Reading Recreational Vehicles Folder Item 3, Letter from Theodore Encinas, 1804 Alaska Avenue, and Motor Homes Costa Mesa, complaining about use of City streets for long-term parking of recreational vehicles and motor homes. A motion was MOTION made by Council Member Hornbuckle, seconded by Council Referred to Planning Member Erickson, and carried 4-0, to forward the letter to the Commission ! Planning Commission for review, and directing staff to notify Mr. Encinas of the hearing date. Fullerton Avenue Item 5 on the Consent Calendar was presented: Request from James Traffic Problems A. Italiano, 1967 Fullerton Avenue, Costa Mesa, for the City to investigate traffic problems on Fullerton Avenue. The City Manager MOTION suggested that this matter be addressed by the Planning Commission Referred to Planning instead of referral to the Transportation Commission. On motion by Commission Council Member Hornbuckle, seconded by Council Member Erickson, and carried 4-0, this, item was referred to the Planning Commission. Budget Adjustment Item 8 on the Consent Calendar was presented: Budget Adjustment No. 94-13, Bristol/ No. 94-13 for $502,000.00, for the Bristol Street/I-405 Improvement I-405 Improvements project. Sid Soffer, 900 Arbor Street, Costa Mesa, asked_ for a short explanation of this item. The Public Services Director stated that the budget adjustment reflected the use of funds from the CENTROCCS Funding Program, set up in 1980.to take care of regional problems, in lieu of using trip development fee funds to pay for the City's share of the improvements. Mr. Soffer responded that MOTION he did not feel that; this onramp/offramp needed improving. On Adjustment Approved motion by Council Member Hornbuckle, seconded by Council Member Erickson, and carried 4-0, the adjustment was approved. Mayor Genis felt that the Bristol Street improvements have been needed for a long time. OLD BUSINESS The Deputy City Clerk presented from the meeting of November 1, Rezone Petition 1993, second reading and adoption of Ordinance 93-18, R-92-06, Site N changing the zoning of Site N (2490 Fairview Road) to zoning consistent with the 1990 General Plan. MOTION On motion by Council Member Erickson, seconded by Council Ordinance 93-18 Member Hornbuckle, and carried 4-0, Ordinance 93-18, AN Adopted ORDINANCE OF ,THE CITY COUNCIL OF THE CITY OF 1 OLD BUSINESS Material Harmful to Minors MOTION Ordinance 93-19 Adopted 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 the R3 zone, was given second reading and adopted. The Deputy City Clerk presented from the meeting of November 1, 1993, second reading and adoption of Ordinance 93-19, relating to display of material which is harmful to minors in a public place. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, spoke under Oral Communications expressing his support for this ordinance, -and commented that this type of literature is degrading to women. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if there was a minimum age limit for buying these types of materials, and the City Attorney responded in the affirmative. Mr. Soffer suggested that each neighborhood could petition their local stores to desist displaying the harmful materials in lieu of having government interfere. Council Member Hornbuckle responded that this method had been tried and met with limited success. On motion by Council. Member Hornbuckle, seconded by Council Member _ Erickson, and carried 4-0, Ordinance 93-19, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER X TO TITLE 11 OF THE COSTA MESA MUNICIPAL CODE RELATING TO DISPLAY OF MATERIAL WHICH IS HARM- FUL TO MINORS IN A PUBLIC PLACE, was given second reading and adopted. NEW BUSINESS The Deputy City Clerk presented a resolution supporting Parks and Wildlife Californians for Parks and Wildlife Bond Act of 1994 (CALPAW Bond Act of 1994 '94). The Community Services Director summarized the Agenda Report dated November 2, 1993. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that funds received by the City for these special projects were originally obtained from citizens pockets. MOTION A motion was made by Council Member Hornbuckle, seconded by Referred Back to Council Member Erickson, and carried 4-0, to take no action on this Parks Commission item at this time, to direct its return to the Parks, Recreation Facilities, and Parkways Commission for a more thorough examination of the fiscal impact upon the City, and to allow the Commission to take a position if they so desire. Mayor Genis stated that while there are some good projects encompassed by CALPAW '94, there are also some that are questionable. She asked that the Parks, Recreation Facilities, .and Parkways Commission consider the extent to which all these projects are necessary. NEW BUSINESS The Deputy City Clerk presented a request to use a portion of TeWinkle Park Off- TeWinkle Park for an off -leash dog park, and to use a portion of the Leash Dog Park TeWinkle Park Maintenance Yard for parking for dog park users; and Budget Adjustment No. 94-15 for $11,500.00 to provide funding necessary to complete the improvements. A communication was received from Laureen Shapiro, 2515 Holly Lane, Newport Beach, 0 6 supporting the dog park and offering financial support. The Community Services Director reviewed the Agenda Report dated November 3, 1993. Nancy Palme, 1997 Kornat Drive, Costa Mesa, spoke under Oral Communications stating that she believed the concept of an off -leash dog .park was a good one but objected to use of General Fund monies or increasing, dog license fees. Ms. Palme stated that the problem of dog droppings in the parks must be addressed. The Community Services Director responded to a question from the Mayor by stating that the size and configuration of the portion of land at TeWinkle Park under consideration would not be appropriate for a ball field, either softball, baseball, or soccer; and the cost would be approximately $50,000.00 for an unlit, little league ball field. The following Costa Mesa residents spoke in support of the off -leash dog park: Jeff Wallace and Lynn Wallace, 355 Avocado Street, Unit Al; Doyne Ladwig, 270 23rd Street; Christi Kinsey, 292 East 18th Street; Polly McOlash, 2952 Andros Street; and Mr. L. E. Brizendine, 292 East 18th Street. The following Costa Mesa residents voiced objections to the dog park: Roger Welch, 1650 Minorca Drive; and Bob Temple, 429 Flower Street. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed concern regarding liability issues for this project. The City Attorney responded that there, are risks; however, proper signage will be in place, and people will enter at their own risk which will alleviate some of the problem. Dick Mehren, 1824 Kinglet Court, member of the Parks, Recreation Facilities, and Parkways Commission, provided insight into the reasons for suggesting this dog park, and stated that there is a great amount of support among dog owners. He commented,that the park could be closed down if there were a problem, as was done in Laguna Beach, and reopened at a suitable time. John DeWitt, 2000 Balearic Drive, Costa Mesa, Chairperson of the Parks, Recreation Facilities, and Parkways Commission, supported the City's paying for the improvements with repayment to be made with money earned from various dog -related events. Doyne Ladwig stated that the American Kennel Club offers a certificate for good canine citizenship, and suggested capitalizing on this idea as a fund-raiser for the dog park. Sid Soffer put forth the idea that dog food manufacturers could be potential sponsors. The Community Services Director stated that the $11,500.00 would be taken from the Park Development Fund which is actually in -lieu park fees. He commented that this fund would be used to bring the parks and playground equipment into compliance with Americans with Disabilities Act, (ADA) requirements, and this must be done by January 26, 1995. MOTION ' - ; A motion was made by Council Member Erickson, seconded by Dog Park Approved; Council Member Hornbuckle, and carried 4-0, approving the dog Trust Fund park, denying the budget adjustment, and directing the City Manager Authorized to set up a trust account .for a period of one year to raise 1 07 $11,500.00, or if that figure is deemed unnecessary due to in -lieu donations such as fencing, signage, or asphalt work, that the figure be adjusted accordingly, and in the event the donations do not reach the required amount during the one-year period, that they be returned to the donors. Council Member Hornbuckle suggested that the Community Services Director ensure that this park is ADA accessible. Mr. DeWitt stated CITY MANAGER'S The City Manager thanked Boy Scout Troop 40 for the presentation REPORT/Boy at the Council meeting, and explained that they had spent Scouts Commended considerable time preparing and learning about the City. COUNCIL Council Member Hornbuckle stated she was following a City truck COMMENTS down the street which slipped through a yellow light, and hoped that City Vehicles there are clear guidelines for City vehicle drivers. Great American Mayor Genis made the following announcements: November 19, Smokeout/Boy Scout 1993, is Great American Smokeout Day; November 13 through 20, Week/Bible Week/ 1993, is National Boy Scout Week; November 21 through 28, 1993, AIDS Recognition is National Bible Week; and December 1, 1993, is International Day AIDS Recognition Day and "Day Without Art". The Mayor also thanked Boy Scout Troop 40 for their participation in tonight's meeting. ADJOURNMENT TO At 8:15 p.m., the Mayor adjourned the meeting to closed session in CLOSED SESSION the City Clerk's office to discuss the items listed under City Attorney's reports. MEETING The Mayor reconvened the meeting at 9:25 p.m., and the action RECONVENED taken during closed session was announced. Received Status on Regarding Erik Sean and Victoria Gonzalez v. City of Costa Mesa, Gonzalez Orange County Superior Court Case No. 58-63-37, Council received a status report from the City Attorney. MOTION Regarding Mary Gordon -McDermott v. City of Costa Mesa, Orange Gordon -McDermott County Superior Court Case No. 68-76-24, by a vote of 4-0, Settlement Authorized Council rejected the settlement demand and authorized the City that this had already be taken into consideration. Council Member Buffa suggested sending out notices with dog license renewals that encouraged donation of an additional $1.00 to support this project. Council Member Erickson recommended placing the information in the Community Services Bulletin, and having the press publicize the need for this park. He stated that a neighboring city had initiated tot lot renovations by installing concrete paths and rubber mats, and changing the equipment, and asked staff to investigate the possibility of our City doing the same. Council Member Hornbuckle suggested that any proposed signage be reviewed by the City Attorney's office for liability issues. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORTS/Request Government Code Section 54956.9(a) and 54957.6 to discuss the for Closed Session: following: Erik Sean and Victoria Gonzalez v. City of Costa Mesa, Gonzalez v. City; Orange County Superior Court Case No. 58-63-37; Mary Gordon - Gordon -McDermott v. McDermott v. City of Costa Mesa, -Orange County Superior Court City; Police Asso- Case No. 68-76-24; and Negotiations with the Costa Mesa Police ciation Negotiations Association. Mayor Genis announced .that closed session would be held at the close of regular business. CITY MANAGER'S The City Manager thanked Boy Scout Troop 40 for the presentation REPORT/Boy at the Council meeting, and explained that they had spent Scouts Commended considerable time preparing and learning about the City. COUNCIL Council Member Hornbuckle stated she was following a City truck COMMENTS down the street which slipped through a yellow light, and hoped that City Vehicles there are clear guidelines for City vehicle drivers. Great American Mayor Genis made the following announcements: November 19, Smokeout/Boy Scout 1993, is Great American Smokeout Day; November 13 through 20, Week/Bible Week/ 1993, is National Boy Scout Week; November 21 through 28, 1993, AIDS Recognition is National Bible Week; and December 1, 1993, is International Day AIDS Recognition Day and "Day Without Art". The Mayor also thanked Boy Scout Troop 40 for their participation in tonight's meeting. ADJOURNMENT TO At 8:15 p.m., the Mayor adjourned the meeting to closed session in CLOSED SESSION the City Clerk's office to discuss the items listed under City Attorney's reports. MEETING The Mayor reconvened the meeting at 9:25 p.m., and the action RECONVENED taken during closed session was announced. Received Status on Regarding Erik Sean and Victoria Gonzalez v. City of Costa Mesa, Gonzalez Orange County Superior Court Case No. 58-63-37, Council received a status report from the City Attorney. MOTION Regarding Mary Gordon -McDermott v. City of Costa Mesa, Orange Gordon -McDermott County Superior Court Case No. 68-76-24, by a vote of 4-0, Settlement Authorized Council rejected the settlement demand and authorized the City Attorney to settle in the amount recommended in his confidential memorandum dated November 9, 1993. Police Association Regarding negotiations with the Costa Mesa Police Association, Direction Given Council gave direction to the City manager and Personnel Director regarding negotiations. ADJOURNMENT The Mayor declared the meeting adjourned at 9:30 p.m. Mayor of the City of Costa Mesa ATTEST: Deputy City erk Of the City of Costa Mesa I