HomeMy WebLinkAbout04/18/1994 - City CouncilREGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
APRIL 18, 1994
The City Council of the City of Costa Mesa, California, met in
regular session April 18, 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 Dr. Gary Barmore,
Fairview Community Church.
ROLL CALL Council Members Present: Mayor Sandra Genis
Vice Mayor Jay Humphrey
Council Member Mary Hornbuckle
Council Member Joe Erickson
Council Members Absent: 'Council Member Peter Buffa
Officials Present: City Manager Allan Roeder
City Attorney Thomas Kathe
Deputy City Manager/Development
Services Donald Lamm
Public Services Director William
Morris
Budget and Research Officer Richard
Averett
Deputy City Clerk Mary Elliott
MINUTES On motion by Council Member Hornbuckle, seconded by Vice
April 4, 1994 Mayor Humphrey, and carried 4-0, the minutes for the meeting of
April 4, 1994, were approved.
ORDINANCES AND A motion was made by Vice Mayor Humphrey, seconded by
RESOLUTIONS Council Member Erickson, and carried 4-0, to read all ordinances
and resolutions by title only.
Certificates of Mayor Genis presented Certificates of Recognition to the following
Recognition for volunteers who participated in the stenciling of storm drain catch
Volunteers basins throughout the City: Travis Cluff, Scout Troop 746; David
Koenig, Scout Troop 344; and Cory Cortonaro, Scout Troop 75,
who were in attendance; and John Phillips, Surfrider Foundation;
and Brad Hanson, Scout Troop 1692, who were not present. The
Public Services Director explained the volunteer program and
introduced the participants.
ANNOUNCEMENTS Mayor Genis announced that Tuesday, April 19, 1994, is "National
Youth Service Day"; April 24 through 30, 1994, is "Crime Victims
Week"; April 18. through 24, 1994, is "The Week of the Young
Child"; and April 3 through 10, 1994, are "Days of Remembrance"
of Victims of the Holocaust.
ORAL COMMUNI- Andrea Coghill, 2895 Baker Street, Costa Mesa, addressed the issue
CATIONS of the Balearic Center which is leased from the Newport -Mesa
Balearic Center Unified School District and used for various programs for children
Concerns and adults. She expressed concern that the Early Childhood
Development Program, as well as others, would be discontinued if
the lease is not renewed: Vice Mayor Humphrey encouraged those
interested in this topic to also attend the Newport -Mesa Unified
School District Board meetings to express their concern. The City
Manager responded that this item will be discussed at the Council
Study Session on May 9,. 1994, and scheduled for the May 16, 1994,
Council meeting. He noted that programs conducted at Balearic
Center are excellent, and accommodations will be made elsewhere,
if necessary.
Terry Essen, 1840 Samar Drive, Costa Mesa, also voiced her
concern regarding the potential loss of the programs at Balearic
Center. The City Manager clarified that the field areas at Balearic
Center are covered under a separate agreement and will remain
available to the various youth athletic groups.
Mary Frances Wong, 1968 Kornat Drive, Costa Mesa, encouraged
Council to negotiate and budget in order to maintain the programs
at Balearic Center.
Sports Fields in Janet Remington, 1164 Boise Way, Costa Mesa, reported on the
Fairview Park proposed addition of sports fields to Fairview Park, stating that a
Negative. Declaration was not appropriate. She indicated that this
park was originally intended to be kept as a natural area, and the
addition of four soccer fields, five volleyball courts, and a building
to house a gymnasium, is diametrically opposed to that concept.
Ms. Remington concluded by stating that the citizens had until May
9, 1994, to comment. Mayor Genis asked for a report from staff on
this issue.
Huntington Beach John Merzweiler, Post Office Box 3511, Huntington Beach,
City Council attempted to address issues concerning two Huntington Beach City
Problems Council Members who are running for a seat on the Orange County
Board of Supervisors; however, he was informed by the Mayor that
this was not the correct forum.
Soffer Comments Sid Soffer, 9.00 Arbor Street, Costa Mesa, pointed out for the
previous speaker that the rules pertaining to Oral Communications
were printed on the agenda. He suggested that the solution to crime
problems. is not more police officers and more jails but education.
He complained about the Council Chambers sound system, and made
several suggestions. Mr. Soffer complimented the City on
improving the timing of the signal at Superior Avenue and Industrial
Way.
Taste of Costa Kim Kasell, 3057 Yukon Avenue, Costa Mesa, President of South
Mesa Coast Metro Rotary Club, explained that she had been misinformed
on the need for Council approval for placement of 50 banners
advertising the upcoming Taste of Costa Mesa event to be held May
13 through 15, 1994, in the parking lot of the Sears store at South
Coast Plaza. She requested that Council approve the banners which
will be mounted for three weeks in the exact location where the
Costa Mesa Fish Fry banners are to be placed. Council Member
Erickson suggested that this was an honest mistake and encouraged
Council to consider the request,, because of this being a nonprofit
event. Council Member Hornbuckle requested that this item be
trailed until after completion of the agenda items.
CONSENT The following items were removed from the Consent Calendar:
CALENDAR Item 7, Illness and Injury Prevention Plan; Item 8, Participation in
the Public Employees' Medical and Hospital Care Act (PEMHCA);
and Item 9, Maximum rate schedule for certain towing services.
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MOTION/Approved On motion by Vice Mayor Humphrey, seconded by Council Member
Except Items 7, 8, Erickson, and carried 4-0, the remaining Consent Calendar items
and 9 were approved as recommended.
READING FOLDER The following Reading Folder items were received and processed:
Claims Claims received by the Deputy City Clerk: Ellen Joy Cole; and
Gene Robertson.
Alcoholic Beverage Alcoholic Beverage Licenses for which parking has been approved
Licenses by the Planning Staff: Harbor Beer & Wine Market, 2330 Harbor
Boulevard; and Mr. K Mini Market and Deli, 2228 Newport
Boulevard, No. A.
SET FOR PUBLIC Resolution 94-26, A RESOLUTION OF THE CITY COUNCIL OF
HEARING/Adopted THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS
Resolution 94-26
INTENTION TO, LEVY AND COLLECT ASSESSMENTS
Setting a Hearing
DURING FISCAL YEAR 1994-1995 WITHIN CITY OF COSTA
June 6, 1994, for
MESA LANDSCAPING ASSESSMENT DISTRICT NO. 1, was
Landscaping Assess-
adopted, setting a public hearing for June 6, 1994, at 6:30 p.m., in
ment District No. 1
the Council Chambers of City Hall.
Adopted Resolution
Resolution 94-27, A RESOLUTION OF THE CITY COUNCIL OF
94-27 Setting a
THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS
Hearing June 6, 1994,
INTENTION TO LEVY AND COLLECT ASSESSMENTS
for Landscaping
DURING FISCAL YEAR 1994-1995 WITHIN CITY OF COSTA
Assessment District
MESA LANDSCAPING ASSESSMENT DISTRICT NO. 2, was
No. 2
adopted, setting a public hearing for June 6, 1994, at 6:30 p.m., in
the Council Chambers of City Hall.
Hearings Set for
The following itemswere set for public hearing on May 2, 1994, at
May 2, 1994
6:30 p.m., in the Council Chambers of City Hall:
User Fees and
1994-95 Finance, City Manager, Communications, and Public
Charges
Services User Fees and Charges.
A AAA Yellow Certificate of Public Convenience & Necessity for Hossein A.
Cab Certificate Nabati, doing business as A AAA Yellow Cab, Incorporated,
doing business' as West Coast Cab Company, 941 Santiago
Avenue, Santa Ana.
WARRANTS
Warrant Resolution 1569, funding City operating expenses in the
Approved Warrant
amount of $844,185.74; and Payroll 9406 for $1,187,189.43, were
1569; Payroll 9406
approved.
ADMINISTRATIVE
Completion of Roof Replacement and Repair Work at Rea Center,
ACTIONS
661 Hamilton Street, Project No. 93-15, was completed to the
satisfaction of the Public Services Director on March 23, 1994; by
Accepted Work by
Checorski Roofing Company, 8122 Wenlock Circle, Huntington
Checorski Roofing
Beach. The work was accepted; the Deputy City Clerk was
Company, for Repair
authorized to file a Notice of Completion; authorization was given
Work at Rea Center,
to release retention funds 35 days thereafter; the Labor and Material
Project No. 93-15
Bond was ordered exonerated 7 months thereafter; and the
Performance Bond was ordered exonerated 12 months thereafter.
Illness and Injury Item 7 on the Consent Calendar was presented: Illness and Injury
Prevention Plan Prevention Plan establishing a Citywide safety program in
compliance with the legal mandates of Senate Bill 198. Council
Member Hornbuckle expressed concern that the State mandate is
unfunded and will consume considerable City time, effort, and
money. She commented that this program is also required of all
businesses and may drive some of them out of the State. Mayor
Genis clarified that this is the first step of the plan, and future steps
will address items such as field personnel. On motion by Council
MOTION Member Erickson, seconded by Council Member Hornbuckle, and
Plan Approved carried 4-0, the Plan was approved.
Participation in Item 8 on the Consent Calendar was presented: Participation in the
PEMHCA Public Employees' Medical and Hospital Care Act (PEMHCA) for
all eligible employees: PERS members, non -PERS Council
Members, and members of the Safety Employees Retirement
System. Sid Soffer, 900 Arbor Street, Costa Mesa, requested
clarification of this item. The City Manager explained that this
program would replace the existing health benefit program and
provide employees with a broader range of choices at lower rates.
He further stated that the Benefit Review Committee, which is
comprised of a cross-section of employees, is supporting -this
proposal. On motion by Council Member Hornbuckle, seconded by
Council Member Erickson, and carried 4-0, the following resolutions
were adopted:
MOTION Resolution 94-28, A RESOLUTION OF THE CITY COUNCIL
Resolution 94-28 OF THE CITY OF COSTA MESA, CALIFORNIA, ELECTING
Adopted TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND
HOSPITAL CARE ACT, AND FIXING THE EMPLOYER'S
CONTRIBUTION AT AN AMOUNT EQUAL TO OR
GREATER THAN THAT PRESCRIBED BY SECTION 22825
OF THE GOVERNMENT CODE, for PERS members;
Resolution 94-29 Resolution No. 94-29, A RESOLUTION OF THE CITY
Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES'
MEDICAL AND HOSPITAL CARE ACT ONLY WITH
RESPECT TO MEMBERS OF A SPECIFIC EMPLOYEE
ORGANIZATION AND FIXING THE EMPLOYER'S
CONTRIBUTION AT AN .AMOUNT EQUAL TO -OR
-GREATER THAN THAT PRESCRIBED BY SECTION 22825
OF THE GOVERNMENT CODE, for non -PERS Council
Members; and
Resolution 94-30 Resolution 94-30, A RESOLUTION OF THE CITY COUNCIL
Adopted OF THE CITY OF COSTA MESA, CALIFORNIA, ELECTING
TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND
HOSPITAL CARE ACT ONLY WITH RESPECT TO
MEMBERS OF A SPECIFIC EMPLOYEE ORGANIZATION
AND FIXING THE EMPLOYER'S CONTRIBUTION AT AN
AMOUNT EQUAL TO OR GREATER THAN THAT
PRESCRIBED BY SECTION 22825 OF THE GOVERNMENT
CODE, for members of the Safety Employees Retirement System.
Towing Service Rates Item,., 9 on the Consent Calendar was presented: Resolution
implementing the maximum rate schedule for certain towing
services. Sid Soffer; 900 Arbor Street, Costa Mesa, complained that
the current rate for towing and storage is excessive. Mayor Genis
pointed out that the owner of a stolen car is charged for storage until
it is picked up, and suggested examining the tow rates. The City
Manager responded that there is an appeal process hearing for
reconsideration of the towing, towing charges, and storage. On
motion by Council Member Erickson, seconded by Council Member
MOTION Hornbuckle, and carried 4-0, Resolution 94-31, A RESOLUTION
Resolution 94-31 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
Adopted CALIFORNIA, IMPLEMENTING THE MAXIMUM RATE
SCHEDULE FOR CERTAIN TOWING SERVICES PURSUANT
TO SECTION 9-284(a) OF THE COSTA MESA MUNICIPAL
CODE, was adopted.
PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued
Community Services from the meeting of April 4, 1994, to consider a resolution
Fees establishing and adopting 1994-95 rates, fees and charges for
services provided by the Community Services Department. The
Budget and Research Officer summarized the Agenda Report dated
April 8, 1994, relating to use of athletic fields.
Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the more these
athletic fields are used, the less problems are created by people on
the streets. He suggested the initiation of more City sponsored and
Police Department sponsored activities. The City Manager clarified
that these field uses are for adult organized leagues who pay for the
field, the lights, and their own umpires.
There being no other. speakers, the Mayor closed the public hearing.
MOTION A motion was made by Mayor Genis, seconded by Council Member
Resolution 94-32 Hornbuckle, and carried 4-0, to adopt Resolution 94-32; A
Adopted 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 COMMUNITY SERVICES
DEPARTMENT OF THE CITY OF COSTA MESA, modifying the
schedule to reflect the Baseball/Nonresident without lights fee as
$35.00 per hour and Nonresident with lights as $50.00 per hour.
The motion carried 4-0.
OLD BUSINESS The Deputy City Clerk presented from the meeting of April 4, 1994,
MIS Consultant consultant services for Management Information Systems. The City
Services Manager suggested continuing this item since the final report from
the Police Department had not yet been received.
Sid Soffer, 900 Arbor Street, Costa Mesa, stated his opposition to
spending an extravagant amount of money on consulting services,
and suggested contacting other cities to obtain their ideas.
MOTION On motion by Council Member Hornbuckle, seconded by Vice
Continued to Mayor Humphrey, and carried 4-0, this item was continued to the
May 2, 1994 meeting of May 2, 1994.
NEW BUSINESS The Deputy City Clerk presented a request for street closures for the
Imagination Cele- Imagination Celebration Parade on April 30, 1994, on portions of
bration Parade Avenue of the Arts 'and Town Center Drive. The City Manager
Street Closures summarized the Agenda Report dated April 12, 1994.
MOTION On motion by Council Member. Erickson, seconded by Vice Mayor
Street Closures Humphrey, and carried 4-0, the request for street closures was
Approved approved.
Vice Mayor Humphrey commented that requests of this type are
being brought before Council with very short notice, and
recommended that this be addressed at some point in the future.
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NEW BUSINESS The Deputy City Clerk presented a license agreement with Southern
Southern California California College, 55 Fair Drive, for use of the easterly Civic
College Commence Center parking lot during commencement exercises on May 7, 1994.
ment Exercises The City Manager reviewed the Agenda Report dated April 12,
1994.
Sid Soffer, 900 Arbor Street, Costa Mesa, shared an experience he
had with several Southern California College students, reporting that
he was very impressed with them.
MOTION On motion by Vice Mayor Humphrey, seconded by Council Member
License Agreement Hornbuckle, and carried 4-0, the license agreement was approved,
Approved and the City Manager was authorized to sign on behalf of the City;
and future approval authority was delegated to the City Manager.
NEW BUSINESS The Deputy City Clerk presented the request for appointment of a
Parks Commissioner Parks,. Recreation, Facilities, and Parkways Commissioner.
Appointment
Sid Soffer, 900 Arbor Street, Costa Mesa, commended members of
the audience who stayed for the entire meeting.
MOTION A motion was made by Vice Mayor Humphrey, seconded by
David Stiller Council Member Hornbuckle, and carried 3-0, Council Member
Appointed Erickson abstaining, to appoint David Stiller to the Commission.
NEW BUSINESS The City Attorney stated that pursuant to Government Code Section
Taste of Costa 54954.2(b)(2), the banner request, which is not on the agenda,
Mesa Banners should be announced as follows: This is the application for street
banners from Taste of Costa Mesa brought by the South Coast
Metro Rotary Club for placement of 50 banners along Costa Mesa
streets from April 25 through May 15, 1994.
Council Member Erickson stated that although this was not an
emergency type matter, it did require immediate action, and the
applicant expressed good faith in working with the City.
MOTION A motion was made by Council Member Erickson to place this item
Request Placed on on the agenda because of the need to take action this evening arose
Agenda subsequent to the agenda being posted. The motion was seconded
by Vice Mayor Humphrey.
Mayor Genis asked why this item could not be placed on the agenda
for May 2, 1994. Kim Kasell, 3057 Yukon Avenue, Costa Mesa,
responded that it takes approximately five working days to
manufacture the signs subsequent to Council approval.
For the record, the City Attorney asked if this was the first time
knowledge of the need for action on this item was known. Council
responded in the affirmative.
Mayor Genis agreed with Vice Mayor Humphrey that requests of
this type are being brought to Council very close to the actual time
of the event, and since many of the groups come on a regular basis,
they should be familiar with the process. Council Member
Hornbuckle commented that nonprofit organizations are usually run
by persons who also hold down full-time jobs. She also stated that
she is very irritated by the ugly banners in this City.
The motion carried 4-0.
The City Attorney noted for the record that if this application is
approved, there are standard conditions pursuant to City Council
Policy 500-6, and those are summarized as insurance and indemnifi-
cation to the satisfaction of the City Manager, a $2,000.00 deposit
for 31 to 60 banners; Council approval is contingent upon Southern
California Edison's approval of the location, size, content, and
material of the banners; and the banners are restricted to Edison
light standards in industrial and commercial locations.
Council Member Erickson clarified that since there cannot be
commercial content on the banner, "Sears South Coast Plaza should
be removed. Ms. Kasell suggested using Bristol Street and
Sunflower Avenue as the identification. Considerable discussion
ensued on the banner designation, with the final decision being the
one suggested by Ms. Kasell.
MOTION A motion was made by Council Member Hornbuckle, seconded by
Banners Approved Vice Mayor Humphrey, and carried 4-0, to approve the placement
of 50 banners for Taste of Costa Mesa with the noted change on the
banner copy, subject to conditions contained in City Council Policy
500-6..
CITY MANAGER'S The City Manager reported that on Saturday, April 22, 1994, the
REPORT second Neighbors for Neighbors Program would be held with a
Neighbors for cleanup at Canyon Park and ,on Rutgers Drive. He expressed
Neighbors Cleanup appreciation to the business community, neighborhood associations,
schools, Parent Teacher Associations, and homeowners associations
for their assistance. He announced there would be food and
entertainment at these events.
COUNCIL Council Member Erickson commented that the residents of Shalimar
COMMENTS Drive had been working with the City for over a year and are
Shalimar Drive making progress in their cleanup efforts. He apologized for a
Cleanup commitment which he had been unable to keep which was to remove
14 inoperable vehicles from the neighborhood by last Friday, and
reported that City staff is working diligently on this endeavor.
Crosswalk and Council Member Hornbuckle thanked the City Manager, Dane Bora
Traffic Safety of the Communications Department, Sergeant David Walker of the
Police Department, and Peter Naghavi of the Transportation Services
Division, for their public service announcements on crosswalk and
The Week of the traffic safety. She announced that on Saturday, April 22, 1994, at
Young Child Lions Park, "The Week of the Young Child" will be celebrated.
Baker/Harbor Vice Mayor Humphrey complained about the number of cars that go
Intersection through the left -turn at the intersection of Baker Street and Harbor
Boulevard after the signal turns red. He recommended placing
additional police officers at this intersection to eliminate a potentially
hazardous condition.
Campaign Signs Mayor Genis stated she will not vote for persons who trash the City
with campaign signs on the public right-of-way or posted on vacant
lots without permission. She encouraged candidates to participate in
the democratic process. She invited everyone to participate in the
Neighbors for Neighbors Cleanup on Saturday.
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ADJOURNMENT The Mayor declared the meeting adjourned at 8:30 p.m.
Mayor of the City of Costa Mesa
ATTEST:
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T.
Deputy City lerk of the City of Costa Mesa
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