Loading...
HomeMy WebLinkAbout12/20/1993 - City Council2 v REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 20, 1993 The City Council of -the City of Costa Mesa, California, met in regular session December 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, who wished everyone a happy holiday season on behalf of the Council. After the Pledge of Allegiance to the Flag, an invocation was given by the Reverend Ken Dutro, Newport Mesa Christian Center. 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 Redevelopment Project Manager Muriel Berman Deputy ' City Clerk Mary Elliott MINUTES On motion by Council Member Buffa, seconded by Council Member December 6, 1993 Erickson, and carried 5-0, the minutes of the regular meeting of December 6, 1993, were approved as distributed. ORDINANCES AND A motion was made by Council Member Hornbuckle, seconded by RESOLUTIONS Vice Mayor Humphrey, and carried 5-0, to read all ordinances and resolutions by title only. Certificates of Mayor Genis introduced Fire Chief Frank Fantino who provided a Recognition for brief background on the recent nominations by the Orange County Fujimoto and Fire Chiefs Association of Captain Keith L. Fujimoto and Engineer Masuzumi Bobby Y. Masuzumi as "Overachiever" for dedication to duty and unselfish contributions to the community. The Mayor read the Certificates of Recognition and presented them to the recipients. Also in attendance was Battalion Chief Jim Ellis. ORAL COMMUNI- Anne Shereshevsky, 2152 Elden Avenue, Costa Mesa, commented CATIONS that senior citizens living in the subsidized housing facilities of Senior Citizen Bethel Towers, Casa Bella, and St. Johns Manor, should be treated Problems with respect, and she has been informed that this is not always the case. Ms. Shereshevsky suggested that transportation for seniors be Sign Ordinance improved by adding another van driver. She next addressed the sign ordinance, questioning the large yellow teeshirt which is displayed on the north side of East 17th Street (between Newport Boulevard and Orange Avenue). Mayor Genis explained that regulations for banners on private property had been suspended during the construction on Newport Boulevard. Et A327 Tanager Park Sara Mooney, 1730 Samar Drive, Costa Mesa, and Sarah Noland, Basketball Courts 2988 Ceylon Drive, Costa Mesa, spoke on the removal of basketball hoops and backboards from Tanager Park because of complaints from neighboring residents. Ms. Noland suggested that if gangs do indeed use the courts, it was a more positive experience than having them on the streets. They submitted a petition with approximately 490 signatures from Estancia High School staff members, teachers, parents, and students; and approximately 45 signatures from Tanager Park area residents. They also submitted photographs of Tanager Park and other parks which have similar basketball courts. The petition and photographs were returned .to Ms. Mooney and Ms. Noland for submittal to the Parks, Recreation Facilities, and Parkways Commission. The City Manager stated that removal of the hoops had been approved at a Parks, Recreation Facilities, and Parkways Commission hearing. Council Member Hornbuckle recommended referring this item back to the Commission with notification to residents in the neighborhood. Sid Soffer, 900 Arbor Street, Costa Mesa, supported reinstatement of basketball equipment at Tanager Park, and asked if residents had been notified. I-405 Freeway Noise Martin Ageson, 1064 Tulare Drive, Costa Mesa, complained about noise from the I-405 Freeway which has increased measurably during- the last five years, especially with the construction of a new off -ramp, and suggested the installation of a sound barrier. _ He reported that a sound test had been conducted on Tulare Drive which showed readings in excess of the mandatory abatement noise level of 67 decibels. The Public Services Director responded that the environmental document for the off -ramp project addresses existing and anticipated noise levels, and the decibel levels are not predicted to reach the minimum threshold required to justify construction of a sound wall. Council Member Hornbuckle commented that the problem is due to construction noise, and requested a report from the Public Services Director. Council Member Buffa suggested that the Director work with Mr. Ageson to coordinate with the California Department of Transportation to sort out the situation. Mayor Genis requested that the City investigate those areas where residences border on major arterials whose noise levels have increased. CONSENT On motion by Vice Mayor Humphrey, seconded by Council Member CALENDAR Erickson, and carried 5-0, all Consent Calendar items were MOTION/Approved approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Zacharia L. Antolin; Joe Holstein; Peter Petersen; and Lorraine Romo and Derick Scott Romo Jr. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning Staff: Barn Farmers Steakhouse, License Inc., doing business as Barn Steakhouse, 2300 Harbor Boule- vard, Suite 31; and Mohammad Asrar and Mohammad B. Haque, doing business at 2216 Newport Boulevard. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose from Purple Heart Veterans Rehabilitation Services, Inc., doing business Approved Permit for as Purple Heart Thrift Stores, 555 East Ocean Boulevard, Suite 225, Purple Heart Thrift Long Beach, by telephone solicitation for useable clothing and Stores miscellaneous household items, from December 21, 1993, to A 1. December 21, 1994, was approved pursuant to Municipal Code Section 9-229. Approved Permit for Notice of Intention to Appeal or Solicit for Charitable Purpose from Teen Challenge of Teen Challenge of Southern California, 5445 Chicago Avenue, Southern California Riverside, by soliciting donations of $1.00 per ticket for a pancake breakfast, from December 31, 1993, to. December 31, 1994, was approved pursuant to Municipal Code Section 9-229. Approved Permit for Notice of Intention to Appeal or Solicit for Charitable Purpose from United Family United Family Associates Foundation, doing business as Family Associates Foundation Thrift Store, 940 East Santa Clara Street, Ventura, by telephone solicitation, requesting discarded materials be left at the curb for pick up by thrift store trucks, from December 21, 1993, to Decem- ber 21, 1994, was approved pursuant to Municipal Code Section 9- 127(d) subject to the condition that the applicant not leave flyers or bags at residences unless a resident requests same. WARRANTS Warrant Resolution 1561, funding City operating expenses in the Approved Warrant amount of $914,888.30; and Payroll 9324 for $1,185,415.68, were 1561/Payroll 9324 approved. REJECTED CLAIMS The following claims were rejected: Lobo Hedio L. Lobo (alleged overcharge of towing fees). Pavano Ron Pavano (property lost/misplaced during search of residence). Shirley Denise Shirley (vehicle towed/stored in police investigation). Wells Edward Christopher Wells (vehicle towed for expired registration). Diehm Phillip Diehm (wrongful death of wife, Janice Diehm, in traffic collision). Patridge Daniel Patridge (wrongful death of mother, Janice Diehm, in traffic collision). Richards Royalla Richards (personal injuries suffered in traffic accident). Antolin Zacharia L. Antolin (personal injuries suffered in traffic accident). Romo Lorraine Romo . and Derick Romo Jr. (wrongful death of husband and father, Derick Romo, in traffic collision). ADMINISTRATIVE The following actions were taken regarding the Harbor ACTIONS/Harbor/ Boulevard/Baker Street Improvement Project: Baker Improvements Agreement with INCA Engineers, Inc., 314 South Brookhurst Approved Agreement Street, Suite 203,. Anaheim, for $159,000.00, to prepare design with INCA Engineers plans for improvements on Harbor Boulevard from Baker Street for Design Plans to Date Place, was approved, and the, Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Budget Budget Adjustment No. 94-19 for. $159,000.00 from the Adjustment No. 94-19 contractual improvement project account in the Measure "M" fund, was approved. Adopted Resolution Resolution 93-94, A RESOLUTION OF THE CITY COUNCIL 93-94 for Measure M OF, THE CITY OF COSTA MESA, CALIFORNIA, Funds REQUESTING, THE ORANGE COUNTY TRANSPOR- TATION AUTHORITY TO ALLOCATE MEASURE M FUNDS FOR DESIGN SERVICES ON HARBOR BOULEVARD FROM BAKER .STREET TO DATE PLACE, was adopted. = Adopted Resolution Resolution 93-95, A RESOLUTION OF THE CITY COUNCIL OF 93-95 Approving THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE Application for Used APPLICATION FOR GRANT FUNDS FROM THE USED OIL Oil Recycling Funds RECYCLING FUND UNDER THE USED OIL RECYCLING ENHANCEMENT ACT. FOR EDUCATION AND PUBLIC AWARENESS AND THE. ENHANCEMENT OF THE EXISTING COLLECTION SYSTEM, was adopted. Adopted Resolution Resolution 93-96, A RESOLUTION OF THE CITY COUNCIL OF 93-96 Amending THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE Safety Employee RETIREMENT PLAN FOR SAFETY EMPLOYEES OF THE Retirement Plan CITY OF COSTA MESA, providing for a cost of living increase, was adopted. Adopted Resolution Resolution 93-97, A RESOLUTION OF THE CITY COUNCIL OF 93-97 Establishing THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING Rates of Pay THE RATES OF PAY FOR FIRE CLASSIFICATIONS AND for Fire Personnel EMPLOYEES PLACED UNDER THE BASIC PAY SCHEDULE, was adopted. . Adopted Resolution Resolution 93-98, A RESOLUTION OF THE CITY COUNCIL OF 93-98 Authorizing THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING Donation of Surplus THE DONATION OF A SURPLUS BUILDING TO ORANGE Building COAST COLLEGE, was adopted; the agreement was approved, and the Purchasing Official was authorized to sign on behalf of the City. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Fee for Use of set for the public hearing to consider a resolution authorizing lease Jail Facility by of space in the Costa Mesa Police Department jail to other law Other Agencies enforcement agencies and a fee for such services, that fee being $125.00 per detainee; and City Attorney's Report No. 93-130A. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The City Manager reviewed the Agenda Report dated December 8, 1993. He stressed that individuals that will be booked into the jail are the same type as would be booked under normal operations and will not cause a threat, to the community by jeopardizing safety. The City Attorney pointed out a correction in the Agenda Report on Page 3 (circled Page 9), Paragraph 6, Subparagraph G, changing the .sentence to read, "CITY will not accept AGENCY detainees as specified in Paragraph 5." He clarified that the fee of $125.00 is directly related to the cost of services, and will be deposited into the General Fund. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Resolution 93-99 Hornbuckle, and carried 5-0, Resolution 93-99, A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FOR AUTHORITY TO LEASE SPACE IN THE COSTA MESA POLICE DEPARTMENT JAIL TO OTHER LAW ENFORCEMENT AGENCIES AND CHARGE A FEE FOR SUCH 2 9.� A30 SERVICES, was adopted, approving the Intergovernmental Services Agreement and `authorizing the Chief of Police to sign on behalf of the City. 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 -93-04A 93-04A and Zoning Code Amendments, to change the 1990 General Plan Land Use Element by modifying or deleting portions of the "Land Use/Circulation Correlation" section and other related sections pertaining to "Trip Budgets", to establish new Floor Area Ratio standards for high trip generating land uses, and to amend the Master Plan of Highways to accommodate dual left -turn lanes at southbound SR -55 at Baker Street. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager/Development Services summarized the Agenda Report dated December 9, 1993. He presented an overhead projection which illustrated the original floor area ratios as found in the General Plan. Staff then responded to questions from Mayor Genis regarding the amendments. Sid Soffer, 900 Arbor Street, Costa Mesa, asked questions about the proposed amendments. Mayor Genis explained the term "overly restrictive" which is used in the Agenda Report in reference to the amount of building allowed on a piece of property. Mr. Soffer reported that the southbound 55 Freeway backs up north of Victoria Street which indicates that millions of dollars have been spent, businesses wiped out, and nothing has been accomplished. The Public Services Director clarified a point of contention regarding the Negative Declaration. Mayor Genis asked that the staff investigate the timing of the traffic signal at Harbor Boulevard and South Coast Drive. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hornbuckle, seconded by Resolution 93-100 Vice Mayor Humphrey, to take the following actions: Adopted; Ordinance 93-21 Given First Adopt the Negative Declaration and De Minimis Finding; adopt Reading Resolution 93-100, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -93-04A, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, approving GP -93-04A; give first reading to Ordinance 93-21, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 13-187, 13-199, 13-210, 13-2309 13- 233, 13-251, 13-252, 13-275, 13-297, AND 13-420 OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING TRIP BUDGETS AND ESTABLISHING NEW FLOOR AREA RATIO STANDARDS FOR HIGH TRAFFIC GENERATING LAND USES; based on the findings that the Home Ranch and Fairgrounds properties are included because of the large sizes of the parcels, the fact that the Home Ranch property and other North Costa Mesa properties will be the subject of , the North Costa Mesa Specific Plan, and the 'properties are contiguous to other properties that are deficient. i L Council Member Buffa opposed the motion because the findings indicate that a different treatment will be used for land designated Industrial Park because it is a large parcel. Council Member Hornbuckle responded that it is not only because it is a large parcel, but also, because they will be the subject of the North Costa Mesa Specific Plan. Mayor Genis added that they will also be addressed in a master plan format and will be subject to further environmental analysis as well. The motion carried 4-1, Council Member Buffa voting no. OLD BUSINESS The Deputy City Clerk presented from the meeting of December 6, Replacement, Mainte- 1993, second reading and adoption of Ordinance 93-20, pertaining nance, and Removal to the replacement, maintenance, removal of trees within the public of Trees right-of-way, and related offenses. The City Attorney summarized the Agenda Report dated December 15, 1993, and spelled out the changes that had been effected. Referring to Page 7, Section 15- 137, Landscape Plans, he explained that $5,000.00 was the amount specified by the State of California statute for having landscape architects involved in landscaping services. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Ordinance 93-20 Hornbuckle, and carried 5-0, Ordinance 93-20, AN ORDINANCE Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER V TO TITLE 15 OF THE COSTA MESA MUNICIPAL CODE AND REPEALING SECTIONS 15.10, 15.11 AND 15.12 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO THE REPLACEMENT, MAINTENANCE, REMOVAL OF TREES WITHIN THE PUBLIC RIGHT-OF-WAY AND RELATED OFFENSES, was given second reading and adopted; amending Section 15-137 on Page 7 to read, "Landscape plans shall be prepared for all projects which include hedges -or exceed $5,000.00 and submitted to the Community Services Department..." NEW BUSINESS The Deputy City Clerk presented a resolution approving the HOME HOME Investment Investment Partnership agreement by and between the City of Costa Partnership Mesa and Civic Center Barrio Housing Corporation (CCBHC) and Agreement making certain findings in connection. therewith. The Redevelopment Project Manager summarized the Agenda Report dated December 13, 1993. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if this was a redevelopment project where the property owners were being forced to sell their property. Mayor Genis responded that this is a "willing seller/willing buyer" situation, and condemnation is not involved. The Redevelopment Project -Manager responded to questions from Mr. Soffer regarding the financial aspects of the project. Kathleen Head, Keyser Marston Associates, Inc., 500 South Grand Avenue, Suite 1480, Los Angeles,_ ,financial consultants representing the City, reviewed the financial analysis, stating that during the first 30 years of the project, there will be very little cash flow; however, after that period of time, the mortgage will be fully repaid which then leaves a significant amount of cash flow left over to repay the loan. She concluded by stating that when the term of the agreement ends in 55 years, the outstanding balance will be due and payable. MOTION On motion by Council Member Erickson, seconded by Vice Mayor Resolution 93-101 Humphrey, and carried 5-0, Resolution 93-101, A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE HOME INVESTMENT _132 PARTNERSHIP AGREEMENT .PROVIDING FOR THE REHABILITATION OF CERTAIN MULTI -FAMILY RESIDENTIAL PROPERTY LOCATED IN THE CITY, was adopted. CITY ATTORNEY'S The City Attorney presented and reviewed his Report No. 93-133A, REPORT dated December 17, 1993, and a resolution 'approving the disabled Civic Center access transition and capital improvements plan for the Costa Mesa Disabled Access Civic Center; and the supplemental report dated December 20, 1993. Transition He pointed out that although the employee areas would be exempt under the plan for persons with disabilities, it does not mean that the City would not make reasonable accommodations for disabled employees of the City.. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Resolution 93-102 Hornbuckle, and carried 4-1, Council Member Buffa voting no, Adopted Resolution 93-102, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGARDING THE COSTA MESA CIVIC CENTER AND ACCESS FOR PERSONS WITH DISABILITIES, was adopted, and issues as outlined in the supplemental report were addressed as follows: Policy (A) Department Head offices, with the exception of Communications, shall be made accessible; Policy (B) A lift shall be installed at the stairway to provide access to the City Council dais area and stairway hall; based on the findings for exemption and exception that all financial and staff resources of the City must be considered before determining that access retrofit would be an undue financial or administrative burden and/or fundamentally alter the nature of the program, and that cost must be considered to determine if it is infeasible and alternative facilities provided for those waived. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT Government Code Sections 54956.8 and 54956.9(a) to discuss the Request for Closed following items: Negotiations for purchase of real property of Costa Session: Costa Mesa Mesa Car Wash, 1145 Baker Street; and settlement negotiations in Car Wash; and Rubio Rubio v. City of Costa Mesa, Orange County Superior Court Case V. City No. 70-31-58. Mayor Genis announced that closed session would be held at the close of regular business. CITY MANAGER'S The City Manager thanked Council for the time they spent inter - REPORT acting with businesses in the City who are experiencing difficulties. COUNCILMEMBER Council Member Erickson praised the City Manager and the Police COMMENTS Chief, along with the Chamber of Commerce and other local groups, for their efforts in working with a Costa Mesa business which had been offered incentives to move to the state of North Carolina. The Council Members wished everyone a merry Christmas and prosperous and happy new year. ADJOURNMENT TO At 8:40 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the City Clerk's office to discuss the items listed under City Attorney's reports. MEETING The Mayor reconvened the meeting at 8:50 p.m., and the action RECONVENED taken during closed session was announced. MOTION Regarding negotiations for purchase of real property of Costa Mesa Car Wash Property Car Wash, 1145 Baker Street, by a vote of 5-0, Council approved Purchase Approved the purchase of the- subject property in accordance with the City Attorney's confidential memorandum dated December 14, 1993. ,98333 MOTION Regarding settlement negotiations in Rubio v. City of Costa Mesa, Rubio v. City Orange County Superior Court Case No. 70-31-58, by a vote of 5-0, Settlement the City Attorney was authorized to settle per the recommendation Authorized outlined in his confidential memorandum dated December 14, 1993. ADJOURNMENT The Mayor declared- the meeting adjourned at 8:55 p.m. " � r � Q 6�1 Mayor of the City of Costa Mesa ATTEST: Deputy City Jerk of the City of Costa Mesa