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Home My WebLink About03/21/1994 - City Council6 ROLL CALL MINUTES March 7, 1994 ORDINANCES AND RESOLUTIONS ORAL COMMUNI- CATIONS Residential Parking Problem City Notification Procedure Dog Park REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH 21, 1994 The! City Council of the City of Costa Mesa, California, met in regular session March 21, 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 Tim Celek, Calvary Church Newport -Mesa. Council Members Present: Mayor Sandra Genis Vice Mayor Jay Humphrey Council Member Mary Hornbuckle Council Member Peter Buffa 4 Council Member Joe Erickson i Council Members Absent: None i Officials Present: City Manager Allan Roeder j City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Finance Director Susan Temple Deputy City Clerk Mary Elliott On motion by Council Member Erickson, seconded by Council iMember Hornbuckle, and carried 5-0, the minutes of the regular ,meeting of March 7, 1994, were approved as distributed. 'A motion was made by Council Member Buffa, seconded by Vice Mayor Humphrey, and carried 5-0, to read all ordinances and resolutions by title only. ;Linda Hansen, 3007 Loren Lane, Costa Mesa, =reported that she is ;continuously receiving warnings froni the Costa Mesa Police Depart- ment for parking her vehicles on; :the street near. -her residence. She stated that the vehicles are not parked in the same location over 72 hours, and felt that she may be a victim of harassment by her i neighbors. The City Manager acknowledged receipt of a letter, possibly from one of Ms. Hansen's neighbors, regarding long-term, illegal parking of recreational vehicles. He agreed to arrange a meeting between the- Police Department, Ms. Hansen, and her neighbors, to attempt to reach a resolution of this matter.. Roy Andreen, 2769 Cibola Avenue, Costa Mesa, expressed concern !that the City's notification procedure is inadequate for Council items which impact the Mesa del Mar homes. He addressed the proposed off -leash dog park to be located at TeWinkle Park, stating that on summer weekends, parking in that area is extremely limited. He indicated that he had measured the distance between the dog park and the closest house, and the- distance is far less than the reported 600 feet. 19th Street and j Janice Davidson, 1982 Arnold Avenue, Costa Mesa, referred to the Meyers Avenue crosswalk at 19th Street and Meyer Place which was the scene of a Intersection i recent fatal accident involving two senior citizens who resided at Bethel Towers. She reviewed incidents which had previously 1 363 occurred at this intersection, and several small corrections that had been effected. The City Manager replied that the City has been working with McDonald's to improve this situation, but changes come slowly through the corporate structure. He noted that a presentation had been made to the senior citizens at Bethel Towers on the safe crossing of 19th Street, and reported that a traffic signal will be -installed at this intersection in the Spring, 1994. Amy Morimoto Stephens, 2833 Monterey Avenue, Costa Mesa, chairperson of the Costa Mesa Senior Citizens Committee, expressed her distress at the recent fatal accident on 19th Street, and encouraged Council to expedite an effective solution to this dangerous situation. Neighbor Problems Andrew Whitney, 1189 Augusta Street, Costa Mesa, complained about his next-door neighbors who create a disturbance by playing basketball at all hours, damaging property, and making threats, all of which have adversely affected his health. Mayor Genis responded that she reported this information, previously relayed to her in a telephone conversation, to the Police Department. The City Attorney commented that this situation appears to be a civil harassment problem, and suggested that Mr. Whitney could initiate court action against the neighbor or file a citizens complaint with the Police Department. ReLeaf Costa Mesa John DeWitt, 2000 Balearic Drive, Costa Mesa, thanked the City for their support of ReLeaf Costa Mesa, reporting that 150 new trees had been planted on Baker Street between Harbor Boulevard and Bear Street. He announced that the next tree planting event would be held on April 30, 1994, wherein 29 trees would be planted on Adams Avenue between Albatross Drive and Placentia Avenue. Mr. Sister City Program DeWitt expressed appreciation on behalf of himself and Arlene Schaefer for the City's support of the Werribee, Australia, Sister City Project, and read a short paragraph regarding this program. American Home Larry Weichman, 1175 Boise Way, Costa Mesa, commented on Week recreational vehicle parking problems. He extended an invitation to celebrate American Home Week, April 10 through 16, 1994, specifically on Wednesday, April 13, 1994, when realtors will be Canyon Park Cleanup refurbishing a home at 844 Cortez Street. Mayor Genis announced a Volunteer Day on April 23, 1994, for the Canyon Park clean-up. Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, mentioned the grafitti problems in Costa Mesa. He complained about the traffic signal at Superior Avenue and Industrial Way. He then read an invitation directed to restaurant owners in Newport Beach from the Mayor of that city inviting them to attend a forum to ascertain the needs and concerns of the business community. CONSENT The :following items were removed from the Consent Calendar: CALENDAR Item 7, Annual Pest Control Maintenance Services; Item 12, Budget Adjustment No. 94-31 for Civic Center Barrio Housing Corporation; and Item 14, Appropriation of 1993-94 Proposition 172 Public Safety Funds. MOTION/Approved On motion by Council Member Buffa, seconded by Council Member Except Items 7, Erickson, and carried 5-0, the remaining Consent Calendar items 12, and 14 were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: 364 Claims Claims received by the Deputy .City Clerk: David M. Chaplin; Yvonne Litchfield; Charles B. Meyer; Eugene Scarcello and Stonington Properties; and Amy Menkes Stoody. Alcoholic Beverage Alcoholic Beverage Licenses for which parking has been approved License by the Planning Staff: Salsero II, Inc., doing business as La Salsa, 1870-A Harbor Boulevard, Suite 202. Support for i Resolution from the City of Laguna Niguel supporting the Term Limits enactment of State legislation authorizing General Law cities to enact term limits. "Zero Toler- Resolution from the City of South El Monte urging the District ance Policy" Attorney's office and the courts to adopt a "Zero Tolerance Policy" for persons found guilty of illegal gun possession. SET FOR PUBLIC i I 'Resolution 94-13, A RESOLUTION OF THE CITY COUNCIL OF HEARING/Hearings !THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING Set for April 4, AND DECLARING ' THAT RUBBISH AND WEEDS ARE A 1994 PUBLIC NUISANCE; DIRECTING THE FIRE CHIEF OR HIS DESIGNEE TO REMOVE SAID RUBBISH AND DESTROY SAID Weed Abatement WEEDS AS REQUIRED BY LAW; FIXING THE TIME FOR HEARING ALL OBJECTIONS OR PROTESTS; AND DIRECTING THE ABATEMENT OF SAID RUBBISH AND WEEDS, was adopted, setting a public hearing for April 4, 1994, at 6:30 p.m., in the Council Chambers of City Hall. I Community Services i 11994-95 Community Services User Fees and Charges was set for User Fees J public hearing on April 4, 1994, at 6:30 p.m. WARRANTS Warrant Resolution 1567, funding City operating expenses in the $1,095,782.96; Payroll 9404 for $1,204,546.22, were Approved Warrant amount of and 1567; Payroll 9404 J approved. i REJECTED CLAIMS The following claims were rejected: Ceja Julio Ceja (bicyclist fell in parking lot adjacent to Rea Community Center due to alleged debris). Dao/Do j Hung Dao and Huong Do (vehicle versus pedestrian accident allegedly caused by inoperable street light). Laurel Point Laurel Point Townhomes (retaining wall damaged by construction Townhomes along Newport Boulevard). Riseling Rebecca Riseling (vehicle damaged by asphalt during street improvement project). Wright Patricia Wright (trip and fall on Newport Boulevard). I ADMINISTRATIVE Bids received for Bid Item No. 958, Revision A, Two New Sedans, ACTIONS/Awarded are on file in the City Clerk's office. The contract was awarded to Bid 958-A, Sedans, Fuller Ford, 760 Broadway, Chula Vista, for $26,553.91, including to Fuller Ford tax. Awarded Bid Item ! Bids received for Bid Item No. 964, One New Asphalt Patch Truck, 964, Patch Truck, to j are on file in the City Clerk's office. The contract was awarded to Nixon -Egli Nixon -Egli Equipment Company, 12030 Clark Street, Santa Fe Springs, for $78,896.67, including tax. 1; 1 o^A Ci 0 3 a Awarded ADA Com- Bids received for Costa Mesa City Hall American with Disabilities pliance, Project Act (ADA) Compliance, Toilets and Conference Room Remodel, 94-01, to Louis T. Project No. 94-01, are on file in the City Clerk's office. The Gabriel contract was awarded to Louis T. Gabriel Construction, Inc., 32152 Links Pointe, Laguna Niguel, for $68,179.00. Awarded Newport/ Bids received for Street Improvements and Traffic Signal 18th Improvements, Modifications at Newport Boulevard and 18th Street, Project No. Project 94-02, to 94-02, are on file in' the City Clerk's office. The contract was Gillespie Construction awarded to Gillespie Construction, Inc., 245 Fischer Avenue, Suite B-3, Costa Mesa, for $168,887.50. Approved Agreement The Health. Care Student Program Agreement between the Costa with Saddleback Mesa Fire Department and Saddleback Community College District, College for Paramedic to provide clinical experience internship for Paramedic trainees, was Trainee Internship approved; and the Fire Chief was authorized to sign on behalf of the City. Adopted Resolution Resolution 94-14, A RESOLUTION OF THE CITY COUNCIL OF 94-14, Werribee, THE CITY OF COSTA MESA, CALIFORNIA, PROPOSING A Australia, Cooperative COOPERATIVE EXCHANGE EFFORT BETWEEN WERRIBEE, Exchange Effort AUSTRALIA, AND THE CITY OF COSTA MESA, was adopted. Approved I-405/SR- I-405/SR-55 Cooperative Agreement C-93-626 with the Orange 55 Cooperative County Transportation Authority, to provide a supplemental Agreement C-93-626 environmental document, project report, and geometric design for with OCTA; Adjust- local freeway access improvements, was approved, and the Mayor ment 94-36 Approved and Deputy City Clerk were authorized to sign on behalf of the City; and Budget Adjustment No. 94-36 for $797,000.00, from Trip Development Fees to prepare documents, was approved. Waived 60 -Day A request from the County of Orange Social Services Agency to Notice for O.C. waive the 60 -day notice requirement for use of donated space at Social Services Share Our Selves Medical Clinic, 1550 Superior Avenue, Costa Mesa, was approved. Bid Item 960, Item 7 on the Consent Calendar was presented: Award of Bid Item Annual Pest Control No. 960, Annual Pest Control Maintenance Services; and Budget Maintenance Services Adjustment No. 94-34 for $25,000.00. Sid Soffer, 900 Arbor Street, Costa Mesa, asked for an explanation of this item. The City Manager answered that this item was part of the City's continuing effort to control costs through contracting with outside vendors, and covers chemical spraying for weed and pest control, specifically insects which will cause problems with median landscaping. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Awarded to Resident Erickson, and carried 5-0, the contract was awarded to Resident Group Services; Group Services, Inc., 1156 North Grove Street, Anaheim, for an Adjustment 94-34 amount not to exceed $30,000.00 annually; and Budget Adjustment Approved No. 94-34 was approved. Budget Adjustment Item 12 on the Consent Calendar was presented: Budget Adjustment 94-31, Civic Center, No. 94-31 for $700,000.00 for Civic Center Barrio Housing Barrio Housing Corporation project funded by fiscal years 1992-93 and 1993-94 Federal Housing and Urban Development HOME Project. On motion by Council Member Erickson, seconded by Vice Mayor MOTION/Removed Humphrey, and carried 5-0, this item was removed from the agenda from Agenda as requested by the City Manager. 5 66 Proposition 172 Item 14 on the Consent Calendar was presented: Appropriation of Public Safety Funds 1993-94 Proposition 172 Public Safety Funds: Budget Adjustment No.. 94-35 for $350,000.00; and plan allocating $457,000.00 for fise2d years beginning July 1, 1994. The City Manager clarified that !the item represents allocation of funds which were approved on the ;November, 1993, ballot. He suggested that allocation for the Fire ;Department be restricted to the three areas previously recommended by Council Member Hornbuckle: addition of a fourth and fifth ;paramedic engine company; brush and wildland safety equipment; and reserve fire apparatus equipment. MOTION ;A motion was made by Council Member Erickson, seconded by Adjustment and 'Vice Mayor Humphrey, and carried 5-0, approving the budget Plan Approved ;adjustment and plan as clarified by the City Manager. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Antennas from the meeting of March 7, 1994, to consider an ordinance amending the Costa Mesa Municipal Code regarding antennas. The Deputy City Manager/Development Services summarized the Agenda Report dated March 15, 1994. Sid Soffer, 900 Arbor Street, Costa Mesa, disagreed with the first page: of the ordinance, line 17, which states that the regulation of satellite dishes and other antennas operates, "...to protect the safety and welfare of persons living and working in Costa Mesa in that ... if improperly located, could reduce views of, and from public streets and alleys and create significant risks to motorists and pedestrians alike... and their overall appearances give the impression of even greater reductions in open space. " He proceeded to analyze other sections of the proposed ordinance. Carl Bureman, 447 Princeton Drive, Costa Mesa, reported that a new, smaller antenna was being devised by the aerospace industry and asked if the ordinance addressed this eventuality. The Deputy City Manager/Development Services responded that on Page 10, Section 8b, Exemption, allowances have been made to accommodate this new type of antenna. , Art Goddard, 2901 Palau Place, Costa Mesa, commented on regulations for amateur radio antennas contained in the ordinance, 'which are more restrictive than the original ordinance. He stated that in five years, he has received about six telephone calls complaining about interference from these antennas. Terry Cornelson, no street address given, Huntington Beach, representing Mesa Emergency Service Amateur Communication (MESAC), supported the proposed ordinance as written. The Deputy City Manager/Development Services clarified that the intention of this ordinance is to document the rules relating to antennas and to eliminate the need for a Conditional Use Permit. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Erickson, seconded by Ordinance 94-6 ! Vice Mayor Humphrey, and carried 5-0, to adopt the Negative Given First Reading Declaration and finding of De Minimis Impact; and to give first reading to Ordinance 94-6, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING SECTIONS 13-313, 13-353, AND 13-353.5, AND ADDING SECTIONS 13-857, 13-858, 13-859, 13-859.1, 1 AND 13-859.2 TO THE COSTA MESA MUNICIPAL CODE REGARDING ANTENNAS. PUBLIC HEARING . The Deputy City Clerk announced that this was the time and place Appeal of PA -94-08, set for a public hearing to consider an appeal of the Planning Beckman Commission's denial of. Planning Action PA -94-08 from Arnold S. Beckman, 394 Magnolia Street, for a conditional use permit for excess garage area (700 square feet allowed; 1,450 square feet proposed), to expand an existing garage located at the above address in an R1 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the City Clerk's office. No communications were received. The Deputy City Manager/ Development Services reviewed the Agenda Report dated March 9, 1994, and showed a location map and site plan. Tom Steinfeld, 2182 Raleigh Avenue, Costa Mesa, architect for the project, reported that °,it had been redesigned and detailed the steps taken to create a functional plan that would meet with the Planning Commission's approval. RECESS Due to a termite problem in the area of the Council table, the Mayor declared a recess at 7:50 p.m., and the meeting reconvened at 8:10 p.m. Mr. Steinfeld continued his presentation, stating that the legal nonconforming aspect has been removed, and the plan consolidates all of the activity and intensity to the rear of the property, adjacent to the alley where there is the least impact to the neighborhood. Later in the discussion, he showed photographs of several garages that were similar in size to the one being proposed. Rod Opp, 388 Magnolia Street, Costa Mesa, who resides near the subject property, supported the project, stating his preference for the garage being constructed adjacent to the alley. Jim Slaughter, 1817 Tustin Avenue, Costa Mesa, a resident of the neighborhood, also spoke in support of the project. Carl Bureman, 447 -Princeton Drive, Costa Mesa, described a similar, incident in his neighborhood wherein cars which were supposedly being restored as a hobby were being painted in the driveway on weekends and sold on Harbor Boulevard. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that Mr. Beckman was being straightforward with his request. He suggested that since the vehicles would be inside, they would not affect the residential character of the property and surrounding neighborhood which was a stated concern of the Planning Commission. Arnold,, Beckman, the applicant, stated his intent was to pursue a hobby upon retirement, and 'had reworked his plans to reduce the garage size. He assured Council that he would not be painting vehicles or performing heavy restoration. In response to a question from the Mayor, Mr. Beckman replied that his equipment does not generate noise. MOTION A motion was made by Council Member Erickson, seconded by Resolution 94-15 Council Member Buffa, and carried 5-0, to adopt Resolution 94-15, Adopted Approving A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PA -94-08 COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -94-08, based on the findings that if the property were r f,a31V • OLD BUSINESS Non-resident Paramedic Fee MOTION Resolution 94-16 Adopted CITY ATTORNEY'S REPORTS/Request for Closed Session: O'Neil v. City; Zych v. City 'to be developed to code it would be more objectionable than that (which has been presented by the applicant; and the project substantially complies with Municipal, Code Section 13-347; and subject to Conditions of Approval lited in Exhibit. "B of the !resolution, adding Condition No. 7, Painting of vehicles on the site Is prohibited, and amending Condition No. 6 to include a provision ;that also limits long-term storage to inside the garage, and to private ;vehicles owned by the property owner and family members. !Council Member Hornbuckle expressed concern over allowing a two-story garage to be built as it would be out of character with the neighborhood, stating that the one-story, 15 -foot -garage is ;preferable. She stated that the 15 -foot -garage is allowable because one of the existing garages is being removed and the amount of open ;space will still be within code. The Deputy City Clerk presented a resolution establishing and !adopting schedules of rates, fees, and charges for services provided by the Fire Department of the City of Costa , Mesa. The Finance ;Director reviewed the Agenda Report dated March 10, 1994, ;requesting that the resolution become effective July 1, 1994. Council Member Buffa thanked the Finance Director for a I memorandum on collection of Driving Under the Influence (DUI) fees, and asked for another follow-up memorandum on those who are collecting at the 70 percent rate. 'On motion by Council Member Hornbuckle, seconded by Vice !Mayor Humphrey, and carried 5-0, Resolution 94-16, 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 FIRE DEPARTMENT OF !THE CITY OF COSTA MESA, was adopted. Council Member I Hornbuckle clarified that this refers to a nonresident paramedic fee. !The City Attorney requested .a closed session pursuant to Government Code Section 54956.9(a) to discuss the following items: Thomas Charles O'Neil, et al., v. City of Costa Mesa, et al., United !States District Court Case No. CV -91-6681 AWT (Ex); and Jeffrey !Joseph Zych v. City of Costa Mesa, et al., Orange County Superior Court Case No. 70 36 30/United States District Court Case No. CV - 91 -6379 AWT (Ex). The Mayor announced that closed session would be held at the close of regular business. CITY MANAGER'S 1 The City Manager presented City Council Policy No. 000-9, REPORT I "Business Retention Strategy", and summarized the Agenda Report Business Retention dated March 17, 1994. Council Member Hornbuckle corrected Page Strategy 2 (circled Page 5) of the report, Item 3, deleting the word Table which appears after Task Force; and Item 4, second line, replacing Business Round Table with Economic Development Task Force. I, Charles Wilson, Southern California Edison, 7333 Bolsa Avenue, Westminster, chairman of the Costa Mesa Economics Development Task Force, thanked Council Members Genis, Erickson, and Hornbuckle for their active participation in the task force. He reported that their goal was to achieve a balance between all sectors of the business community, as well as its residents, and to establish a sound economic base. 1 Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that the City meet with restaurant owners to solve minor problems before they become major ones. MOTION A motion was made by Vice Mayor Humphrey, seconded by Council Policy 000-9 Council Member Erickson, to approve Council Policy 000-9. Approved Discussion ensued during which the Mayor recommended certain amendments to the paragraph on Page 2 (circled Page 5) entitled OBJECTIVE/PROGRAM. Thereafter Vice Mayor Humphrey amended the motion by changing the aforementioned paragraph to read as follows: A key element of the Business Retention Program is the determination of which types of businesses are key to the City's financial, educational, cultural, and employment needs. The Costa Mesa Business Round Table (later renamed the "Costa Mesa Economic Development Task Force"), South Coast Metro Alliance, and Costa Mesa Chamber of Commerce, in cooperation with the City, should target,.. those key businesses that are "at risk" of relocation. Businesses licensed by the City of Costa Mesa are, to some degree, important to the local economy as well as their customers. The objective in this area is to heighten the overall community awareness level of the link between local business retention and the contribution to valued City services while at the same time minimizing the expenditure of precious tax dollars and limiting the role of local government in promoting private sector reinvestment and cooperation. The amended motion was seconded by -Council Member Erickson, and carried 5-0. Council Member Hornbuckle recognized Charles -Wilson, Southern California Edison Company, Ed Fawcett, Costa Mesa Chamber of Commerce, and Diane Prichart, South CoastMetro Alliance, for their contributions to this program COUNCIL Council Member Erickson announced that on Monday, April 11, COMMENTS 1994, at 4:00 p.m., in the fifth floor conference room, a joint City Auto Club Study Council/Planning Commission study session will be held regarding Session the proposed Automobile Club expansion. Good Luck to Council Members Erickson, Buffa, Humphrey, and Genis wished Joan and Georgia Joan White and Georgia Ethier, long-time employees in the City Manager's office, good luck on their retirement. CDBG 20th Council Member Hornbuckle announced that March 28 through Anniversary April 3, 1994, is National Community Development Week in recognition of the 20th anniversary of the Community Development Block Grant (CDBG) Program and its importance to cities. She Traffic Accident registered concern over the increased number of serious traffic Increase accidents recently, and suggested producing service announcements for cable television and soliciting local papers to run ads on being more courteous on the road. Termite Problem Mayor Genis hoped that the Council Chamber termite problem would be taken care of before the next meeting. ADJOURNMENT TO At 9:15 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. MEETING The Mayor reconvened the meeting at 9:20 p.m., and the action RECONVENED taken during closed session was announced. MOTION Regarding Thomas Charles O'Neil, et al., v. City of Costa Mesa, Authorized Statutory et al., United States District Court Case No. CV -91-6681 AWT Demand in O'Neil v. (Ex), by a vote of 5-0, Council authorized offering statutory demand City as outlined in the City Attorney's confidential memorandum dated March 11, 1994. MOTION Regarding Jeffrey Joseph Zych v. City of Costa Mesa, et al., Authorized Statutory Orange County Superior Court Case No. 70 36 30; and United Demand in Zych v. States District Court Case No. CV -91-6379 AWT (Ex), by a vote of City 5-0, Council authorized offering statutory demand as outlined in the City Attorney's confidential memorandum dated March 11, 1994. ADJOURNMENT The Mayor adjourned the meeting at 9:25 p.m. Mayor of the City of Costa Mesa ATTEST: Deputy�Ile/rlhe City of Costa Mesa i i