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HomeMy WebLinkAbout01/17/1994 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 17, 1994 The City Council of the City of Costa Mesa, California, met in regular session January 17, 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 Elder Roland Chin, Seventh Day Adventist Church. 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 Lathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Assistant to the City Manager Rick Pickering Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 4-0, Vice Mayor Humphrey abstaining, the December 8, 1993 minutes of the special meeting, of December 8, 1993, were approved as distributed. December 13, 1993, On motion by Council Member`Buffa, seccnded by Council Member and January 3, 1994 Erickson, and carried 5-0, � the minutes cf the special meeting of December 13, 1993,: and the =regular meeting of January 3, 1994, were approved as distributed. ORDINANCES AND A motion was made by Council Member Hornbuckle, seconded by RESOLUTIONS Council Member Buffa, and carried 5-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- Arthur Goddard, 2901 Palau Place, Costa Mesa, addressed the issue CATIONS of massage parlors in Costa Mesa, and presented a graph entitled "Massage Businesses - Coastal" which illustrated the demographics Massage Parlors of that type of business. He reported that the City of Newport Beach had instituted a licensing program for massage operators that are not licensed by the State as health care professionals, and suggested that staff investigate this method of control. Mayor Genis responded that staff is currently examining certain adult-oriented businesses, and reviewing the adult entertainment ordinance, and recommended that staff incorporate Mr. Goddard's suggestion into their investigation. Fairview Road/55 Charles Markel, 2851 Club House Road, Costa Mesa, complimented Freeway Intersection the City Manager and the Public Services Director for the prompt response to his complaint regarding wrong -way drivers on the intersection at Fairview Road and the 55 Freeway frontage road. 7 1 L CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 6, Cable TV Programs; and Item 12, Fullerton Avenue Traffic. MOTION On motion by Council Member Buffa, seconded by Council Member Approved Except Erickson, and carried 5-0, the remaining Consent Calendar items Items 6 and 12 were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Rebecca Riseling; and Patricia Wright. Alcoholic Beverage Alcoholic Beverage Licenses for which parking has been approved License by the Planning staff. Nathan Keethe and Timothy Kose, doing business at 2278 Newport Boulevard; Main Street California, Inc., doing business at 601 Anton Boulevard; and Stater Bros. Market, doing business at 2801 Newport Boulevard. Public Utilities Notice from Southern California Edison Company that it has filed Commission Application No. 93-12-025 with the Public Utilities Commission for authority to increase the base rate. Notice from Southern California Gas Company that it has filed Application No. 93-12-017 with the Public Utilities Commission for a proposed rate change. WARRANTS Warrant Resolution 1563, funding City operating expenses in the Approved Warrant amount of $1,677,714.13; and Payroll 9326 for $1,177,421.33, were 1563/Payroll 9326 approved. REJECTED CLAIMS The following claims were rejected: Holstein Joe Holstein (reimbursement of expense to reconstruct residence entry: due to alleged erroneous Building Code citation). Taylor Constantin Taylor (alleged that a dangerous condition at inter- section _of Baker Street and Red Hill Avenue contributed to two - vehicle collision). Weiting Johanna Weiting (solo bicycle accident resulted in injury). Approved Police A consolidated Memorandum of Understanding (MOU) between the MOU; Adopted City and the Costa Mesa Police Association was approved; and Resolution 94-1 Resolution 94-1, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE RATES OF PAY FOR SWORN POLICE CLASSIFI- CATIONS, was adopted. Approved Service An Intergovernmental Service Agreement with the City of Agreement with Huntington Beach for detention .at the Huntington Beach Police City of Huntington Department of female arrestees held in custody by the Costa Mesa Beach for Detention Police Department was approved, and the Mayor and Deputy City of Female Arrestees Clerk were authorized to sign on behalf of the City. Accepted Work by Street Rehabilitation of Bear Street from Sunflower Avenue to the Sully -Miller for Bear I-405 Freeway, Project No. 93-10, was completed to the satisfaction Street Rehabilitation, of the Public Services Director on November 12, 1993) by Sully - Project No. 93-10 Miller Contracting Company, 6145 Santiago Canyon Road, Orange. 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 34-1 342 ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Accepted Work by Street improvements constructed by 600 Anton Boulevard Associates Excalibur/600 Anton on Bristol Street and Anton Boulevard were completed to the Boulevard Associates satisfaction of the Public Services Director on August 20, 1993, by for Bristol Street Excalibur Contracting, Inc., 20541 Pascal Way, Lake Forest. The Improvements work was accepted, and the Deputy City Clerk was authorized to file a Notice of Completion. Awarded Contract for Replacement of Three Backflow Devices at 99 Fair Drive and 1845 Backflow Devices to and 1865 Park Avenue, Project No. 93-13, was awarded to R. F. R. F. Paulus Paulus, Inc., 2871 East Coronado Street, Anaheim, for $18,300.00. Awarded Contract for Bus Turnout Construction, Baker Street and 55 Fair Drive, Project Bus Turnout Con- Nos. 93-14A & 93-14B, was awarded to Nobest Inc., Post Office struction to Nobest Box 874, Westminster, for $242,430.70. Approved Agreement A Professional Services Agreement`with Costa Mesa Little League with Little League for construction supervision of youth baseball fields at Costa Mesa for Youth Baseball High School was approved, and the Mayor and Deputy City Clerk Fields were authorized to sign on behalf of the City. Cable TV Programs Item 6 on the Consent Calendar was presented: Cable TV Programs: Use of two Public, Education, and Government (PEG) channels for additional Copley/Colony programming; and Special Affiliate Agreement with Mind Extension University to carry their educational programming at no cost to the City or Copley/Colony subscribers. Mayor Genis was concerned because there is extensive competition for channels and wavelengths, and if either of these programs were to move to an interactive or revenue generating format, the City should renegotiate the terms for use of the channels and have that clause included in its contract. MOTION On motion by Council Member Buffa, seconded by Council Member Use of PEG Channels Erickson, and carried 5-0, the use of PEG channels was approved; Approved; Agreement the agreement with Mind Extension University was approved, and Approved the Communications Director was authorized to sign on behalf of the City; and the Mayor's recommendation was incorporated. Fullerton Avenue Item 12 on the Consent Calendar was presented: Traffic Concerns Recommendations for Fullerton Avenue Traffic: Retain all existing traffic control devices on Fullerton Avenue; Install "25 miles per hour" speed limit signs on Fullerton Avenue between 19th and 20th Streets; Install a crosswalk'at the east side of the intersection of Fullerton Avenue and East 19th Street; and Police Department patrol of Fullerton Avenue one day every quarter for a year, and as schedules permit. James Italiano, 1967 Fullerton Avenue, Costa Mesa, who initiated investigation into the above matter, noted the omission of one recommendation by the Planning Commission: that a letter be sent to the automobile repair businesses on Walnut Street, between Church Street and the northbound portion of Newport Boulevard, requesting that they cease and desist testing of vehicles on residential streets within that two -block area, with enforcement to be handled by the Police Department. MOTION A motion was made by Council Member Hornbuckle, seconded by Recommendations Vice Mayor Humphrey, and carried 5-0, to approve the Approved recommendations as,stated, with the addition that letters be sent to the automobile repair businesses as outlined by Mr. Italiano. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued General Plan Amend- from the meeting of December 6, 1993, to consider General Plan ment GP -93-04B Amendment GP -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. A communi- cation was received from Teri Leonard, owner of property at 242- 244 Cecil Place, Costa Mesa, requesting elimination of the noncon- forming status for her property. The Deputy City Manager/Devel- opment Services reviewed the Agenda Report dated January 4, 1994. Richard Sewell, 136 Rochester Street, Costa Mesa, requested a one- month continuance because of the absence of several concerned apartment owners due to illness or the recent earthquake. He expressed the desire to eventually address the costs of the various options, and the fact that the development standards will ultimately become a negative impact on voluntary redevelopment. Carey Ward, 126 East 19th Street, Costa Mesa, also proposed a continuance in order to gain more support, stating that he is attempting to enlist citizens to address this issue. He presented examples of the problems being created by this General Plan Amendment. Responding to a comment by the Mayor, Mr. Ward denied that he was confused regarding the zoning issues and the parking requirements. He explained that he was looking at the impact on existing properties. Council Member Hornbuckle disagreed with an article written by Mr. Ward which appeared in the City Watch Newsletter, and stated that the information contained therein was inaccurate. For the record, Council Member Hornbuckle noted that the General Plan did not constitute a taking of property. The City Attorney added that Mr. Ward's statements were correct in that the General Plan did reduce density, control parking, and reduce traffic congestion, all of which are within the parameters of the City Council's authority. He stated that the appropriate time to address these issues would have been during the General Plan hearings. Gene Hutchins, 1808 Kinglet Court, Costa Mesa, member of the Mesa Verde Homeowners Association and a member of the General Plan Steering Committee, supported the continuance if property owners require additional time. He commented that the intent of the committee was to balance the General Plan with densities which would improve the quality of building multi -family units. Charles Markel, 2851 Club House Road, Costa Mesa, suggested focusing on the economic material which has not been accumulated at this time, and requested additional time to accomplish this goal. Ed John, 2239 Pacific Avenue, Costa Mesa, support the continuance because the General Plan Amendment had not been publicized, and homeowners- had not been notified. 344 MOTION On motion by Council Member Buffa, seconded by Council Member Continued to Hornbuckle, and carried 5-0, the public hearing was continued to the February 22, 1994 meeting of February 22, 1994. For the record, Council Member Erickson stated that the continu- ation of this item is at the request of various property owners and is being done in an effort to be fair. Vice Mayor Humphrey stated he would not support any further. continuances. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Planning Action set for the public hearing to consider an appeal of the Planning. PA -93-55, Davis Commission's denial of Planning Action PA -93-55 from Robert J. Davis, 23501 Park Sorrento, No.. 212, Calabasas, authorized agent for Mark Les, 1525 Mesa Verde Drive East, Suite 123, Costa Mesa, for conditional use permits to legalize an existing acupressure business (subject to the City's Adult Entertainment Ordinance), and deviation from shared parking requirements, with a variance from locational requirements, located at 1525 Mesa Verde Drive East, Suite 123, in a C1 zone. Environmental Determination: Exempt. The Affidavit of Mailing in on file in the City Clerk's office. A communication was received from Cliff and Stacie Lucas, 2650 Harla Avenue, No. B205, Costa Mesa, objecting to this type of business being located in their neighborhood. A communication was received from Robert Davis, representative for Public Hearing Nos. 2 and 3, requesting a continuance for both items to February 22. Charles Robertson, 1885 Tahiti Drive, Costa Mesa, President of the Mesa Verde Homeowners Association, did not object to a contin- uance as long as the 90 -day period established by the Planning Commission for vacation of the properties, continues to run and is included in that extension period. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Continued to Erickson, and carried 5-0, the public hearing was continued to the February 22, 1994 meeting of February 22, 1994, with the proviso that the 90 -day time period initiated by the Planning Commission runs concurrently. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Planning Action set for the public hearing to consider an appeal of the Planning PA -93-56, Davis Commission's denial of Planning Action PA -93-56 from Robert J. Davis, 23501 Park Sorrento, No. 212, Calabasas, authorized agent for California Federal Bank, 5700 Wilshire Boulevard, Los Angeles, for conditional use permits to legalize an existing acupressure business (subject to the City's Adult Entertainment Ordinance), and deviation from shared parking requirements, with a variance from locational requirements, located at 2845 Mesa Verde Drive East, Suite 2, in a C1 zone: Environmental Determination: Exempt. Charles Robertson, 1885 Tahiti Drive, Costa Mesa, again requested that the 90 -day period initiated by the Planning Commission continue to run if this item is continued. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Continued to Erickson, and carried 5-0, this item was continued to the meeting of February 22, 1994 February 22, 1994, with the proviso that the 90 -day time period for vacation of the property runs concurrently. OLD BUSINESS The Deputy City Clerk presented the findings of the Fairview Park Fairview Park Archaeological Study. The City Manager reviewed the Agenda Archaeological Report dated January 4, 1994, stating that the recommendation is to Study turn over the artifacts to Dr. Keith Dixon, and to store them at J I I P345 California State University at Fullerton. He assured Council Member Hornbuckle that an agreement would be executed with Dr. Dixon and the University to ensure that the City will retain access to these artifacts and that they will be cared for properly. MOTION On motion by Council Member Hornbuckle, seconded by Council Agreements Member Buffa, and 'carried 5-0, staff was authorized to initiate Authorized agreements with Dr. Keith Dixon and California State University at Fullerton regarding the artifacts. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORTS Government Code Sections 54956.9(a) and 54956.9(c) to discuss the Request for Closed following: Costa Mesa Senior Center; and Gregory Howell v. City Session: Senior of Costa Mesa, et al., Orange County Superior Court Case No. 70 - Center; Howell v. 38-24 (Island Trader). The Mayor announced that closed session City would be held at the close of regular business.. COUNCILMEMBER Council Member Erickson encouraged the City Employee Asso- COMMENTS ciation to consider observing Martin Luther King Jr. Day as a City Martin Luther King holiday rather than an existing holiday, such as California Admission Jr. Day Day, which has less meaning. Council Member Hornbuckle suggested conducting the City Council meeting on a day other than Martin Luther King Jr. Day, perhaps the following Tuesday. Handicap Access Vice Mayor Humphrey stated that he received a call from a constituent who received a letter from the City indicating that the City had met the access requirements stipulated in the Dale McIntosh Study. He noted that the City's recent self-assessment demonstrated that the access requirements had not been met, and asked for clarification from the City Manager. Mayor Genis asked for the estimated date for completion of handicap access improvements which are listed as needed in the City's self- assessment. The City Manager responded that an action plan had been approved by Council which indicated which improvements are to be built when, and offered to prepare a status report. The Assistant to the City Manager gave a report on City handicap access dating back to November, 1990, to the present. Earthquake Relief Mayor Genis announced that earthquake relief assistance can be Assistance made through the American Red Cross, telephone number 835-5381. ADJOURNMENT TO At 7:40 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the City Clerk's office to discuss the items previously listed under City Attorney's Reports. MEETING The Mayor reconvened the meeting at 7:50 p.m., and the action RECONVENED taken during closed session was announced. MOTION/Authoriza- Regarding Costa Mesa Senior Center, by a vote of 5-0, Council tion Given Prosecute authorized the City Attorney to commence arbitration and litigation Re Costa Mesa Senior to prosecute claim of errors and/or omissions in design against Citizen Center Wolff Lang Christopher Architects, Inc., and Gershfeld Engineering. MOTION/Settlement Regarding Gregory Howell v. City of Costa Mesa, et al., Orange Offer Rejected in County Superior Court Case No. 70-38-24 (Island Trader), by a vote Howell v. City of 5-0, Council rejected the settlement offer as outlined in the City (Island Trader) Attorney's Confidential Memorandum dated January 13, 1994. ADJOURNMENT The Mayor declared the meetingadjourned at 7:55 p.m. e Mayor of the City of Costa Mesa ATTEST: Deputy City lerk of the City of Costa Mesa 1