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HomeMy WebLinkAbout03/07/1994 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH 7, 1994 The City Council of the City of Costa Mesa, California, met in regular session March 7, 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 Chaplain Lloyd Sellers, Hoag Memorial Hospital -Presbyterian. ROLL CALL Council Members Present: Mayor Sandra Genis I Vice Mayor Jay Humphrey Council Member Mary Hornbuckle Council Member Peter .Buffa Council Member Joe Erickson. MINUTES February 22, 1994 ORDINANCES AND RESOLUTIONS ORAL COMMUNI- CATIONS June, 1994, Election 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 Morns Budget and Research Officer Richard Averett Deputy City Clerk Mary Elliott On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, the minutes of ,the regular meeting of February 22, 1994, were approved as distributed. A motion was made by Council Member Hornbuckle, seconded by Vice Mayor Humphrey, and carried 5-0, to read all ordinances and resolutions by title only. John Merzweiler, Post Office Box 3511, Huntington Beach, reported j that in the June, 1994, primary election, two Huntington Beach City Council Members are running for the County Board of Supervisor's 2nd District seat being vacated by Harriett Wieder, and shared campaign financial information which he had obtained on the two candidates. He also stated that the California Assembly seat now being held by Doris Allen is also on the ballot, and gave his opinion of Ms. Allen's policies. Jim Ure, 1163 Salvadore Street, Costa Mesa, representing the Costa Mesa Republican Assembly, also commented on the upcoming primary election, announcing that a Candidates Night would be held Thursday, March 24, 1994, 7:00 p.m., at the Neighborhood Community Center. Request for Non- Sture Davidsson, 1821 Kings Road, Newport Beach, referred to his residential Use of February 24, 1994, letter to Council requesting nonresidential use Property of property at 1903 Federal Avenue. Mayor Genis responded that a letter of reply had been forwarded by the Planning Division explaining the correct application procedures. Mr. Davidsson replied that he had received the letter and his item is scheduled for the March 14, 1994, Planning Commission meeting. 1 �I c36-7 Crime Incidents Janice Davidson, 1982 Arnold Avenue, Costa Mesa, reported on several incidents of crime in the City as reported by local newspapers. She complained that the Police Department is very understaffed, specifically the gang detail. The City Manager explained that the hiring of up to five additional police officers had been authorized at, the previous Council meeting, in addition to six officers added to the field this year. Support of Abstinence The following Costa Mesa residents spoke in favor of Abstinence Week Week as announced by the Mayor on February 22, 1994: Don Williams, 264 Camellia Lane; George Brink, 665 Beach Street; Charlotte Dreckovick, 120 Brookline Lane; Denise Heinrichs, 147 Yorktown Lane; Susan Munsell, 2281 Fordham Drive, No. 1, who presented relevant material to the City Manager; Jim Meehan, 3147 Country Club Drive; Joshua Herzog, 55 Fair Drive; Phil Marx, 854 Darrell Street; Ernie Feeney, 1154 Dorset Lane; Doug Benesch, 403 Walnut. Place; John DeWitt, 2000 Balearic Drive; and Aaron Callahan, 55 Fair Drive. Elimination of John Feeney, 1154 Dorset Lane, Costa Mesa, pointed out the irony Proclamations between the Mayor's announcement approximately six months ago of AIDS Awareness Week/A Day Without Art and the recent Neighborhood Crime announcement of Abstinence Week, both of which received an Increase extreme reaction from the newspapers. He suggested that proclamations be eliminated and that the City concentrate on arresting` criminals, putting out fires, and fixing potholes. Ernie Feeney .officially requested that the elimination of proclamations, declarations, and commendations be discussed at a study session. Mr. Feeney reported that there are now serious gang activities in his neighborhood, and requested gang control in the area of Paularino School. CONSENT On motion by Council Member Hornbuckle, seconded by Council CALENDAR Member Buffa, and carried 5-0, all Consent Calendar items were MOTION/Approved approved as recommended. WRITTEN COMMU- Records Destruction: NICATIONS Resolution 94-9, A RESOLUTION OF THE CITY COUNCIL Adopted Resolution OF THE CITY OF COSTA MESA, CALIFORNIA, 94-9 Authorizing AUTHORIZING RECORDS DESTRUCTION FOR THE Finance Department FINANCE DEPARTMENT OF THE CITY OF COSTA MESA Records Destruction PURSUANT TO ORDINANCE NO. 75-60, was adopted. Adopted Resolution Resolution 94-10, A RESOLUTION OF THE CITY COUNCIL 94-10 Authorizing OF THE CITY OF COSTA MESA, CALIFORNIA, Fire Department AUTHORIZING RECORDS DESTRUCTION FOR THE FIRE Records Destruction DEPARTMENT OF THE CITY OF COSTA MESA PURSUANT TO ORDINANCE NO. 75-60, was adopted. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: John Kinross - Kennedy; and Southern California Edison Company. Alcoholic Beverage Alcoholic Beverage Licenses for which parking has been Licenses approved by the Planning Staff: Pasta Mesa, Inc., doing business as Pasta Mesa, 212 East 17th Street; and Lori M. and Robert Mark Meisenheimer, doing business at 264 East Bay Street. Smoking Ban Resolution from the City of West Hollywood in support of Assembly Bill 13, a bill to establish a statewide smoking ban in enclosed work places. WARRANTS Approved Warrant 1566/Payroll 9403 REJECTED CLAIM Merrick ADMINISTRATIVE ACTIONS/Adopted Resolution 94-11, Purchasing Reconfirmed SRRE Fees Completion of 1992- 1993 Parkway Main- tenance and New Sidewalk Construc- tion, Project No. 93-08 Terminated Agree- ment with O'Keefe Warrant Resolution 1566, funding City operating expenses in the amount of $964,923.09; and Payroll 9403 for $1,166,395.43, were approved. A claim from Thomas W. Merrick regarding construction of the Metro Fire Station was rejected. Resolution 94-11, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING PARTICIPATION IN COOPERATIVE AND OTHER PUBLIC AGENCIES' PURCHASING AGREEMENTS, was adopted. In connection with the six-month review of the City's Source Reduction and Recycling Element (SRRE) of the General Plan, and a review of fees previously established to cover administrative costs, the existing fees were reconfirmed through June 30, 1994, and staff was directed to report back to Council with an updated fee study after one year of operation (July, 1993, through July, 1994). 1 Work required by the contract documents and Supplemental Agreement for 1992-1993 Parkway New Sidewalk Construction, Project No. 93-08, 1 December 22, 1993, to the satisfaction of the Director by O'Keefe Engineering, Inc., 4761 Lincoln Avenue, Cypress. The Project Administration Manager's "decision to terminate the agreement with O'Keefe Engineering, Inc., was ratified; the City Manager was authorized to execute the Supplemental Agreement; 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 j and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. amended by the Maintenance and vas completed on Public Services PUBLIC HEARING The Deputy City Clerk. announced the public hearing, continued Antennas j from the meeting of February 7, 1994, to consider an ordinance repealing Sections 13-313, 13-353, and 13-353.5, and adding Sections 13-857, 13-858, 13-859, 13-859.1, and 13-859.2 to the Costa Mesa Municipal Code regarding antennas. The Deputy City Manager/Development Services confirmed that staff was requesting a continuance because an interested party had relevant input. I MOTION I On motion by Council Member Erickson, seconded by Council Continued to Member Buffa, and carried 5-0, the public hearing was continued to March 21, 1994 the meeting of March 21, 1994. OLD BUSINESS The Deputy City Clerk presented from the meeting of February 22, Annual Landscape 1994, Bid Item No. 957, Annual Landscape Maintenance Services. Maintenance j The City Manager summarized the Agenda Report dated March 2, Services, Bid Item 1994, stating that this item was continued from the previous meeting No. 957 to allow staff to meet with the Costa Mesa Employees Association to review their concerns regarding this project. He reported that the Association concurred with the data provided by staff. MOTION On motion by Council Member Erickson, seconded by Vice Mayor Awarded to Accurate j Humphrey; and carried 5-0, the contract was awarded to Accurate Landscape and ! Landscape and Maintenance Corporation, 1910 North Lime Street, Maintenance ! Orange, for $35,400:00. 1 "'69 OLD BUSINESS The Deputy City Clerk presented from the meeting of February 22, Voluntary Redevelop- 1994, second reading and adoption of Ordinance 94-3, regarding ment of Noncon- voluntary redevelopment of projects that were made nonconforming forming Projects by adoption of the 1990 General Plan. The Deputy City Manager/Development Services commented that staff recommended second reading and adoption of this ordinance. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the first page of the ordinance wherein it states that the City "amended the General Plan on February 22, 1994 to provide an incentive for the redevelop- ment of housing units at the higher density;" stating that this is in opposition to the intent of the General Plan. The Mayor clarified that :the intent is to enable persons with higher density projects to rehabilitate and redevelop them at the same densities. MOTION On motion by Council Member Buffa, seconded by Council Member Ordinance 94-3 Erickson, and carried 5-0, Ordinance 94-3, AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 13-136,13-148, 13- 252, 13-400, AND 13-529. OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING VOLUNTARY REDEVELOPMENT OF PROJECTS THAT WERE MADE NONCONFORMING BY ADOPTION OF THE 1990 GENERAL PLAN, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of February 22, Police and Fire 1994, second reading and adoption of Ordinance 94-4, relating to Department Fees existing fees, and a resolution establishing and adopting schedules of rates, fees, and charges for services provided by the Police and Fire Departments of the City of Costa Mesa. The City Manager reviewed. the Agenda Report dated February 25, 1994. Council Member Buffa expressed interested in examining the City's Driving Under the Influence (DUI) charges as compared to other cities, in particular whether the fees are collected in the same manner and the 20 percent collection rate, as reported by the Budget and Research Officer, is standard. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that with the present economic climate that business license fees be lowered instead of raised. The Mayor clarified for Mr. Soffer that only Police and Fire Department fees were under consideration. MOTION A motion was made by Council Member Hornbuckle, seconded by Ordinance 94-4 Vice Mayor Humphrey, and carried 5-0, to adopt Ordinance 94-4, Adopted AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 9-122, 9-129, 9-168, 9-186, 9-188, 9-235(d), 9-252, 9-255, 9-2741 11-160, 11-172, 13-743(1), 15-65, AND 2-450 OF THE COSTA MESA MUNICIPAL CODE RELATING TO EXISTING FEES. MOTION A motion was made by Council Member Hornbuckle, seconded by Resolution 94-12 Vice Mayor Humphrey, and carried 5-0, to adopt Resolution 94-12, Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES, AND CHARGES FOR SERVICES PROVIDED BY THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF COSTA MESA, deleting nonresident paramedic fees until further information is obtained. NEW BUSINESS Citizens Advisory Committees; Parks, Recreation Facilities and Parkways Commission MOTION Members Appointed to Committees MOTION Staff Directed to Solicit Applicants for Parks Commission Council Member Erickson commented that he supported the motion because of the need for the Police Department to direct its energy towards apprehending criminals, and reducing the number of false alarms within the City, which was over 1,300 last year. The Deputy City Clerk presented a request to appoint members to various City Council citizen advisory committees; and appoint a member to one commission, as follows: Cable Television Committee; Child Care and Youth Services Committee; Human Relations Committee; Senior Citizens Committee; Substance Abuse Committee; and Parks, Recreation Facilities and Parkways Commission. The City Manager summarized the Agenda Report dated March 3, 1994. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, stated she would like to apply as a member to the Cable Television Committee. Mayor Genis suggested she make a formal application. A motion was made by Council Member Hornbuckle to reduce the size of the Cable Television Committee to seven members; to appoint DeLores Cinquegrani-Golden and Kevin Kump as members of the Child Care and Youth Services Committee, and to reduce the size of the committee to nine members; to appoint Jennifer R. Manoor, Marlene Heyser, and Edward L. Kwon as members of the Human. Relations Committee; to appoint Christine J. Lissoy as an alternate member of the Senior Citizens Committee; to appoint Erik P. Mansoor as a member of the Substance Abuse Committee, and to reduce the committee to seven members. The motion was seconded by Vice Mayor Humphrey, and carried 5-0. On motion by Council Member Hornbuckle, seconded by Vice Mayor Humphrey, and carried 4-0, Council Member Erickson abstaining, staff was directed to solicit applicants for a two-week period to fill the vacancy on the Parks, Recreation Facilities, and Parkways Commission, so that an appointment can be made at the April 4, 1994, meeting. CITY ATTORNEY'S ? The City Attorney requested a closed session pursuant to REPORT/Request for Government Code Section 54956.9(a) to discuss Orange County Closed Session: Superior Court Case No. 69-31-10, Thomas and Alma Barnes v. Barnes v. City City of Costa Mesa. The Mayor announced that closed session would be held at the close of regular business. CITY MANAGER i The City Manager reported that the Employee Service Award REPORT Program was being streamlined to save costs and to place a greater Service Awards emphasis on recognition of the employee. He presented Mayor Genis with her five-year service award, a gold charm. He announced that the 1994 Service Awards would be held on Monday, j March 14. COUNCIL Council Member Erickson commented on the passing of a long-time COMMENTS I Costa Mesa resident, Bob Cole, who was a successful businessman Bob Cole Passing ! and benefactor of many causes. He announced that in lieu of flowers, it had been Mr. Cole's desire that donations be made to the Save Our Youth Center, Costa Mesa, and Friends Shelter in Laguna i Beach. Short Agendas; " Vice Mayor Humphrey suggested cancelling Council meetings when Large Vehicles on there are short agendas to reduce staff overtime. He expressed a Residential Streets; desire to have staff investigate the control of large vehicles which and ADA Compliance park on residential streets. And lastly, he asked staff to develop a [1 flyer for building permit applicants which indicates that the plans should be checked by an American With Disabilities Act (ADA) specialist to ensure compliance. He asked staff to prepare a listing of ADA complaints and corrective actions taken. Arbor Day; and Mayor Genis announced that today was Arbor Day. She stated that Interest on Debts when addressing the budget, she would like to have a process formalized for accruing interest on debts that have been outstanding for ii significant period of time. She also expressed her sadness at the loss of Bob Cole and her admiration for his interest in the community. ADJOURNMENT TO At 7:50 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the City Clerk's office to discuss the item listed under City Attorney's Reports. MEETING The Mayor reconvened the meeting at 8:05 p.m., and the action RECONVENED taken during closed session was announced. MOTION/Authorized Regarding Thomas and Alma Barnes v. City of Costa Mesa, Orange Binding Arbitration County Superior Court, Case No. 69-31-10, by a vote of 5-0, in Barnes v. City Council authorized sending the case to binding arbitration in lieu of jury trial with the award limit as outlined in the City Attorney's confidential memorandum dated March 4, 1994. ADJOURNMENT The Mayor adjourned the meeting at 8:10 p.m. Mayor of the City of Costa Mesa ATTEST: 1. Deputy Ci Clerk of the City of Costa Mesa