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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. 386 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. 1 r 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. 1 ti ,a ST. ADJOURNMENT The Mayor declared the meeting adjourned at 8:30 p.m. Mayor of the City of Costa Mesa ATTEST: -2h4:�L,%� T. Deputy City lerk of the City of Costa Mesa II