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HomeMy WebLinkAbout01/03/1994 - City Council`J `° t334 ROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY -OF COSTA MESA JANUARY 3, 1994 The City Council of the City of Costa Mesa, California, met, in regular session January 3, 1994, 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 Pastor David Halliburton, Vineyard Christian Fellowship. 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 'Transportation Services Manager Peter Naghavi Assistant to the City Manager Ann Gyben Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Buffa, seconded by Council Member December_ 20, 1993 Erickson, and carried 5-0, the minutes of the regular meeting of December 20, 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. ORAL COMMUNI- Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, suggested CATIONS initiating the RUDAT (Regional Urban Design Assistance Team) West 19th Street Study to assist those persons who are located in the Transition Zone Transition Zone on West 19th Street to evaluate their options. The Deputy City Manager/Development Services responded that, to his knowledge, the Transition Zone was eliminated with the adoption of the 1990 General Plan which included zone changes for that area; however, he proposed to prepare a report to determine if there is a need to proceed with implementation guidelines. Crime Problems John Feeney, 1154- Dorset Lane, Costa Mesa, addressed the crime problems in Costa Mesa, stating that a solution would be to support the initiative which would mandate a jail sentence of 25 years to life for anyone who committed three serious felonies, without the options of early release, good time credits, or parole. He presented a copy of the petition to Council for signature. Graffiti Fred Jansson, owner' of Jansson's Newport Party Center, 1800 Newport Boulevard, Costa Mesa, congratulated the Costa Mesa Chamber of Commerce for the Keep Costa Mesa Beautiful, Stop Graffiti campaign, and gave the City's graffiti hotline telephone number, which is 548-4165. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR 2, Notice of Intention to Appeal or Solicit for Charitable Purpose from National Coalition of Professionals Against Crime, Inc. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Approved Except Buffa, and carried 5-0, the remaining Consent Calendar items were Item 2 approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Marla Marie Cubbage; and Marie Therese' Han. Alcoholic Alcoholic Beverage Licenses for which parking has been approved Beverage by the Planning staff: California Stop Mini -Mart, Inc., doing License business as California Stop Mini -Mart, 600 West 19th Street, Units A and B ' and Kiavash and Siavash Tillehkooh, doing business as Taco Express, 427 East 17th Street, Unit C. Public Utilities Notice from Southern California Edison Company that it has filed Commission a Petition for Modification of Decision No. 91-12-076 with the Public Utilities Commission for authority to increase the base rate. WARRANTS Approved Warrant Warrant Resolution 1562, funding City operating expenses for 1562; Payroll 9325 $1,492,716.34; and Payroll 9325 for $1,174,405.52, were approved. ADMINISTRATIVE An agreement with Boyle Engineering Corporation, 1501 Quail ACTIONS/Approved Street, Newport Beach, for $36,317.00, to design the Corporation Agreement with Boyle Yard Storm Drain, was approved, and the Mayor and Deputy City for Storm Drain Clerk were authorized to sign on behalf of the City. Approved Budget Budget Adjustment No. 94-18 for $258,300.00 was approved. The Adjustment No. 94-18 adjustment is for Federal Emergency Management Agency (FEMA) for Repair of disaster reimbursement funds received, and establishing an Superior Avenue appropriation in the Measure C account to cover funds expended for repair of .Superior Avenue caused by storm damage. Approved Agreement An agreement with Willdan Associates, 12900 Crossroads Parkway with Willdan for South, Suite 200, City of Industry, in an amount not to exceed CDBG Consulting $35,000.00, to provide consulting services for the Community Services Development Block Grant (CDBG)/Housing Rehabilitation Program, was approved, and the City Manager was authorized to execute the agreement subject to final approval by the City Attorney's office. BUSINESS PERMIT Item 2 on the Consent Calendar was presented: Notice of Intention to Appeal or Solicit for Charitable Purpose from National Coalition National Coalition of Professionals Against Crime, Inc., 992 East Artesia Boulevard, Of Professionals Unit C, Long Beach, by selling candy, cookies, and tea at Against Crime commercial establishments from January 4, 1994, to January 4, 1995... Mayor Genis questioned the,,numbers that had been presented MOTION stating that they did not add up. - A motion was made by Council Continued Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, to continue this item until additional financial information is received from the applicant._ Vice Mayor Humphrey and Mayor Genis agreed that applicants should be monitored to ensure that they abide by the rules. OLD BUSINESS The Deputy City Clerk presented from the meeting of December 20, Trip Budgets and 1993, second reading and adoption of Ordinance 93-21, regarding Floor Area Ratio trip budgets and establishing new floor area ratio standards for high traffic generating land uses. 'vv�� IUB , 1 rV a MOTION On motion by Council Member Buffa, seconded by Council Member Ordinance 93-21 Erickson, and carried 5-0, Ordinance 93-21, AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, AMENDING SECTIONS 13-187, 13-199, 13-210, 13- 230, 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, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of December 6, Santa Ana River 1993, a Memorandum of Understanding (MOU) for the Santa Ana Crossings MOU River Crossings Environmental Impact Report. The Transportation Services Manager reviewed the Agenda Report dated December 23, 1993, stating that staff recommended postponing further consideration of this item in light of the Board of Supervisors' action on December 7, 1993, and pending development of a cooperative agreement. MOTION On motion by Council Member Hornbuckle, seconded by Council Tabled Member Erickson, and carried 5-0, the MOU was tabled. OLD BUSINESS The Deputy City Clerk presented a request to extend the moratorium Newport Boulevard on time limits for Newport Boulevard banners. The Deputy City Banners Manager/Development Services summarized the Agenda Report dated December 27, 1993, clarifying that the regulation in question relates to signing on private- property, not to signing in the public right-of-way. He stated that the first draft of the new sign ordinance will be presented to Council at their Study Session of January 10, 1994, and will address new restrictions on temporary signs. The City Attorney recommended that if the moratorium extension is granted that it be for a short period of time with the condition that a new ordinance is being formulated. Mayor Genis pointed out that since there had been road construction throughout the City, the moratorium should be Citywide. Ed Fawcett, Executive Director of the Costa Mesa Chamber of Commerce, 1835 Newport Boulevard, Suite E-270, Costa Mesa, commented that due, to the economic situation in the county, it would be logical to extend the moratorium throughout the City for at least six months; and at the end of that time, reevaluate the conditions with respect to the economy, as well as revisions made to the sign ordinance. He suggested that the businesses should be self -policing and responsible for the 'good taste of their signs. Roy Pizarek, 1923 Whittier. Avenue, Costa Mesa, Chairman of the Costa Mesa Homeowners Associations, stated that the Associations support the business, community and the moratorium, and he felt that the' moratorium should ,be Citywide. John Feeney, 1154 Dorset Lane, Costa_Mesa, concurred that the moratorium should be Citywide. He stated that the sign committee that was formed under the auspices of the City had met twice and was scheduled to meet again before the proposed ordinance is finalized. He requested that this meeting be arranged. Roy Andreen, 2769 Cibola Avenue, Costa Mesa, stated he did not like banners because they are a nuisance, unattractive, and ineffective. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, asked if a Citywide banner moratorium would apply to businesses conducted out of a person's residence. She commended Ed Fawcett for his leadership of the Chamber of Commerce. Armando Vasquez, „1874 Wren Circle, Costa Mesa, addressed the visual quality of the downtown Costa Mesa area, stating that economic pressures and the need for commerce in the City has fostered a compromising policy regarding signs. He encouraged enforcing the current sign laws instead of supporting a moratorium. Bob ' Washer, owner of the Sandpiper Motel, 1967 Newport Boulevard, Costa Mesa, detailed his problems with the motel since initiation of 55 Freeway construction, and stated that he has utilized banners which have assisted his business. He asked that the City consider the businessman's needs and offer assistance in this instance. Randy Garell, President of The Grant Boys, 1750 Newport Boulevard, Costa Mesa, did not believe the banner moratorium was a compromise since all businesses are suffering from the recession. He commented that banners are an extremely effective method of advertising and very inexpensive. Mr. Garell expressed concern regarding the six-month limitation, and suggested maintaining the moratorium until business improves. He stated he is on the committee which is studying the sign ordinance, and would like to be notified of the next meeting. Fred Jansson, Jansson's Newport Party Center, 1800 Newport Boulevard, Costa Mesa, again supplied the telephone number of 548- 4165 for the campaign to stop graffiti. He suggested extending the moratorium for one year for the entire City. MOTION A motion was made by Council Member Buffa, seconded by Vice Authorized Continu- Mayor Humphrey, and carried 5-0, to continue the suspension of ation of Special time limits for all special event signage Citywide pending clarifying Event Signage Time legislation by the City Council. Limit Suspension Council Member Hornbuckle supported the motion but stated that the City is in need of a sign ordinance within six months that makes sense to the business community, as well as the homeowners. Council Member Buffa clarified that "the suspension of time limits" means suspending enforcement. NEW BUSINESS The Deputy City Clerk presented a request from the Orange County Street Closures Fairgrounds for street closures to hold a cattle drive on July 15, for Cattle Drive 1994. The Assistant to the City Manager reviewed the Agenda Report dated December 28, 1993. Norm;, Bartosik, General Manager of the Orange County Fair- grounds, 88 Fair Drive, Costa Mesa, reported that he would provide a letter of self-insurance on behalf of the Fairgrounds, with an agreement for liability coverage of up to $5 million. He explained that trained cowboys would be herding the cattle, and this type of event has been done successfully at a number of other locations in southern California. He introduced members of the Fair Board and staff members. He indicated that he was willing to meet with the neighboring homeowners to address their concerns. Mr. Bartosik explained the plans for this event. Roy Andreen, 2769 Cibola Avenue, Costa Mesa; representing Mesa del Mar Homeowners Association, expressed concern regarding storing the cattle on the grounds of Costa Mesa High School, and indicated a desire for a meeting with the Fairgrounds people to resolve some of his questions. Larry Gimple, Equestrian . Center Manager, Orange County Fairgrounds, 88 Fair Drive,Costa Mesa, explained that the gentleman hired to conduct the cattle drive was familiar with this type of event, and experienced cowhands would handle the cattle throughout the event. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, maintained that although she enjoyed attending the Orange County Fair, she had reservations regarding the proposed cattle drive. She suggested contacting the staff members at cities where these events have been previously held to ascertain if there had been difficulties, and passing the information along to neighboring homeowners. John Feeney, 1154 Dorset Lane, Costa Mesa, proposed that the Fairgrounds people meet with the homeowners before this item is approved, and suggested a two-week continuance. Norm Snow, 2746 San Juan Lane, Costa Mesa, stated that he has dealt with the Fairgrounds before, and has had 11 bad years with the Pacific Amphitheatre noise. Sid Soffer, 900 Arbor Street, Costa Mesa, did not understand how a cattle drive would encourage people to attend the Fair. He proposed holding the- event on the Fairgrounds property instead of using City streets. The City Attorney reassured the Mayor that he would seek $5 million in insurance from the Fairgrounds; a letter indicating that there is a self-insurance program in place; and a hold harmless agreement would be 'required. MOTION A motion was made by Council Member Hornbuckle, seconded by Street Closures Council Member Buffa, and carried 5-0, to approve the street Approved closures for the cattle drive to include Conditions 1 through 5 as listed in the Agenda Report dated December 28, 1993, with the request that Fairgrounds personnel meet with Mesa del Mar and College Park Homeowners Associations to resolve any issues to their mutual satisfaction. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORTS/Request Government Code Section 54956.9(a) to discuss the following for Closed Session: lawsuits: Eu Dine. Sheldon -Smith v. City of Costa Mesa, et al., Sheldon -Smith v. Orange County Superior Court Case No. 674917; and Donna M. City; and Wallace Wallace v. City of Costa Mesa, Orange County Superior Court Case V. City No. 703743. The Mayor announced that closed session would be held at the close of regular business. COUNCILMEMBER Council Member Erickson complimented the parents and young COMMENTS people involved in the Costa Mesa Classic Soccer Tournament held Costa Mesa Classic the previous weekend. He described the tournament as having Soccer Tournament included over 250 teams from places as far away as the high desert and San Diego which played at 3 separate locations in the City. Mayor Genis thanked the Police, Communications, and Fire Depart- ments, and everyone, who worked during the holidays. ADJOURNMENT TO At 8:05 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. Council Members Genis and Hornbuckle were absent from this meeting. MEETING The:Mayor reconvened the meeting at 8:10 p.m., and the action RECONVENED taken during closed session was announced. MOTION Regarding Eu Dine Sheldon -Smith v. City of Costa Mesa, et al., Sheldon -Smith Settle- Orange County Superior Court Case No. 674917, by a vote of 3-0, ment Authorized Council rejected the plaintiff's settlement demand, and the City Attorney was, authorized to settle per the recommendation outlined in his confidential memorandum dated December 21, 1993. MOTION Regarding Donna M. Wallace v. City of Costa Mesa, Orange Wallace Settlement County Superior Court Case No. 703743, by a vote of 3-0, filing of Authorized trial de novo was ratified, the arbitration award to plaintiff was declined, and the City Attorney was authorized to settle per the recommendation outlined in his confidential memorandum dated December. 27, 1993. ADJOURNMENT The Mayor declared the meeting adjourned at 8:15 p.m. Mayor of the City of Costa Mesa ATTEST: Deputy City lerk of the City of Costa Mesa