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HomeMy WebLinkAbout08/01/1994 - City Council_ ct. -'77 , ' 7 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 1, 1994 The City Council of the City of Costa Mesa, California, met in regular session August 1, 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 the Reverend Ken Dutro, Newport Mesa Christian Center. 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 Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Assistant to the City Manager Ann Gyben Police Lieutenant Tom Warnack Deputy City Clerk Mary Elliott MINUTES On motion by Vice Mayor Humphrey, seconded by Council Member June 20 and Hornbuckle, and carried 5-0, the minutes of the regular meeting of July 18, 1994 June 20, 1994, were approved with the direction that the verbatim transcript of the Automobile Club motions be included; and the minutes of the regular meeting of July 18, 1994, were approved as distributed. ORDINANCES AND A motion was made by Council Member Buffa, seconded by Council RESOLUTIONS Member Erickson, and carried 5-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- Robert Graham, 2865 Chios Road, Costa Mesa, stated that on CATIONS Sunday, July 31, 1994, he had taken the Freedom Homes - "Home and Garden Walking Tour" and was very impressed with the Freedom Homes improvements the homeowners had made to their homes, and with Home and Garden the elaborate brochures, maps, and short history on each of the Walking Tour properties. Mayor Genis commented that she also was impressed by the tour and thanked everyone involved in putting it together. Fee for Clean-up Madeline Arakelian, South Coast Refuse Corporation and Integrated Containers Recycling Systems, 2021 Business Center Drive, Irvine, reported that many complaints have been received from residents regarding the additional $25.00 fee for a three -yard, clean-up container. She asked Council to consider a lower fee for those containers. Mayor Genis mentioned that the City will be having a special trash pickup of large items over the next few weeks. Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, commented that his three trash containers have not been picked up for three weeks. The e Alcoholic Beverage License for which the Planning Division j recommended denial: Michael C. Zanetis, doing business as Mayor suggested that he contact the Sanitary District. Mr. Soffer WARRANTS suggested the use of blinking red and yellow traffic lights during the Approved Warrant late night and early morning hours, and asked if the City's traffic 1577; Payroll 9414 is still. located downstairs. The Public Services Director REJECTED CLAIM I responded that te City's new, upgraded traffic computer is located Sims on the fourth floor, in the Transportation Services Division, is functional, and is monitored on a regular basis. Mayor Genis asked if it would be possible to utilize blinking red and yellow traffic lights ADMINISTRATIVE during late night/early morning hours. The Public Services Director ACTIONS/Approved replied that he would provide a report on the pros and cons of using Change Order "A", blinking lights. Fairview Park i John Feeney, 1154 Dorset Lane, Costa Mesa, objected to and Car Stereos constructing sports facilities at Fairview Park, stating that it would Improvements Pe a major mistake. He also mentioned the problem he has PUBLIC HEARING experienced with loud car and home stereos. He reported that the Appeal of ;City of San Diego seems to have remedied this situation and asked PA -85-90A3, if Council could find out what was done in San Diego to resolve the Freedman problem. i CONSENT iOn motion by Vice Mayor Humphrey, seconded by Council Member CALENDAR Buffa, and carried 5-0, all Consent Calendar items were approved MOTION/Approved as recommended. READING FOLDER i i The following Reading Folder items were received and processed: Claims I Claims received by the Deputy City Clerk: Tehnaz Daruwala- Rutledge; Halecrest Park, Inc.; Edwardo Ponce, a minor, by and through his guardian ad litem, Ceclia Ponce; and Johnny Souksakhone. Alcoholic Beverage Alcoholic Beverage License for which parking has been approved License by the Planning Staff: Nathan M. Keethe, doing business as Smokin' Taco, 2278 Newport Blvd. Alcoholic Beverage License for which the Planning Division j recommended denial: Michael C. Zanetis, doing business as SeaHorse Saloon, 1670 Newport Blvd. i WARRANTS Warrant Resolution 1577, funding City operating expenses in the Approved Warrant amount of $980,986.72; and Payroll 9414 for $1,274,324.89, were 1577; Payroll 9414 approved. REJECTED CLAIM A claim from E. Carol Sims on behalf of herself, the Estate of Sims JPatricia Crowell, and her sister, Kathleen Richey (regarding an ,accident at the intersection of 19th Street and Meyer Place), was rejected. ADMINISTRATIVE ACTIONS/Approved (Change Order "A" for $11,000.00, to the design contract with UMA Change Order "A", 'Engineering, Incorporated, 17762 Cowan Street, Irvine, was to UMA Engineering, approved for the 15th Street Rehabilitation Improvements. The for Street additional cost will be shared by the cities of Newport Beach and Improvements Costa Mesa. PUBLIC HEARING (The Deputy City Clerk announced that this was the time and place Appeal of ;set for the public hearing to consider an appeal of the Planning PA -85-90A3, lCommission's denial of Planning Action PA -85-90A3 Freedman ;(Redevelopment Action RA -94-01), from Michael Freedman, (Affordable Portables, 1835 Newport Boulevard, Suite E-165, authorized agent for Teachers Retirement System of Illinois, for an amendment to a Planned Signing Program to allow Affordable 79 Portables to retain the black background for its sign at the above address in a PDC 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 briefly summarized the Agenda Report dated July 21, 1994, and showed transparencies and photographs of the site. Michael Freedman, authorized agent, requested Council to allow him to retain the existing sign with the black background. He mentioned that according to Exhibit "B" of the resolution, the sign shall be 10 feet by 3 feet; however, the existing sign is actually 10 feet wide and 4 feet in height. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the City should be more lenient with requests for minor sign changes. He suggested that the}City rewrite the sign ordinance. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Buffa, seconded by Council Resolution 94-72 Member Erickson, and carried 5-0, adopting Resolution 94-72, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -85-90A3, approving the existing sign which is 10 feet by 4 feet. OLD BUSINESS The Deputy City Clerk presented amendments concerning the MOU; Airborne Memorandum of Understanding for Airborne Law Enforcement Law Enforcement Services: Services Addendum agreement admitting the City of Newport Beach as a full member agency; and resolution approving the addendum; Addendum agreement modifying the liability and indemnification provisions of Paragraph 5.05; and resolution approving the addendum; City Attorney's Report No. 94-50 regarding reciprocal waivers of conflict of interests for Airborne Law Enforcement Services general counsel. Lieutenant Tom Warnack, Costa Mesa Police Department, gave a brief explanation on the Memorandum of Understanding. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if this is a joint use helicopter program. Mayor Genis responded affirmatively, and stated that the program will be very good for the City financially because of the reimbursement of costs from other agencies. A motion was made by Council Member Buffa, seconded by Vice Mayor Humphrey, and carried 5-0, to take the following actions: MOTION The addendum agreement was approved, and the Mayor and Resolution 94-73 Deputy City Clerk were authorized to sign on behalf of the City; Adopted and Resolution 94-73, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE ADDENDUM AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING FOR THE AIRBORNE LAW ENFORCEMENT SERVICES, ADDING THE CITY OF NEWPORT BEACH .AS A MEMBER OF THE AGENCY, was adopted. MOTION j The addendum agreement was approved, and the Mayor and Resolution 94-74 Deputy City Clerk were authorized to sign on behalf of the City; Adopted J and Resolution 94-74, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE ADDENDUM AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING FOR THE AIRBORNE LAW ENFORCEMENT SERVICES, REGARDING INSURANCE COVERAGE OBTAINED BY "ABLE", was adopted. MOTION Reciprocal Waivers Approved NEW BUSINESS Special Event Street Banner Policy A motion was made by Council Member Buffa, seconded by Vice Mayor Humphrey, and carried 5-0, approving City Attorney's Report No. 94-50 regarding reciprocal waivers of conflict of interests for Airborne Law Enforcement Services general counsel. The City Attorney clarified that each Council Member must sign the conflict of interest waiver. The Deputy City Clerk presented proposed modifications to the Special Event Street Banners policy. The Assistant to the City Manager reviewed the Agenda Report dated July 25, 1994. Mayor Genis wanted to verify that as written, the policy will not permit advertising on the banners. The Assistant to the City Manager referred to the last sentence of Paragraph E, Page 2, of Policy 500- 6, which states, "Displaying any advertising other than sponsor's name is not permitted". Sid Soffer, 900 Arbor Street, Costa Mesa, commented that street signs in downtown Tijuana, Mexico, were paid for by the 7-Up Company, so the signs have "7-Up" printed on them. MOTION On motion by Council Member Hornbuckle, seconded by Vice Policy Modifications Mayor Humphrey, and carried 5-0, the proposed modifications to Adopted Policy 500-6, Special Event Street Banners, were approved with the addition of the following sentence at. the end of Paragraph E, "Advertising specific products is not permitted". NEW BUSINESS Time Limits for Special Event Signing MOTION Authorized Enforcement Effective October 1, 1994 The Deputy City Clerk presented a request regarding enforcement of time limits for special event signing (banners). The Deputy City Manager/Development Services reviewed the Agenda Report dated July 25, 1994. During discussion, Council Member Buffa suggested delaying enforcement until the first of the year which would be after the holiday season. A motion was made by Council Member Hornbuckle, seconded by Vice Mayor Humphrey, approving enforcement of time limits for special event signing (banners), and directing staff to notify businesses by September 1, 1994, through the Chamber of Commerce and press releases that the former regulations will be enforced effective October 1, 1994. Council Member Hombuckle commented that the City's original contact with businesses will be simply in the form of a warning and that staff will not be issuing citations immediately. The motion carried 4-1, Council Member Buffa voting no. 1 NEW BUSINESS The Deputy City Clerk presented a request from United Way of Banner Request Orange County to install 23 banners around Triangle Square on 19th from United Way Street, and Harbor and Newport Boulevards, from September 1 to November 30, 1994. The Assistant to the City Manager summarized the Agenda Report dated July 25, 1994. Vice Mayor Humphrey stated that he would be very resistant to approving the banner request for a full 90 days as it would set a precedent for other banner requests; however, he did not object to allowing a longer time frame then the normal 30 -day period. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Banners Approved Erickson, and carried 5-0, the banners were approved for 45 days, with those days to be selected by United Way from the 90 days originally requested. Council Member Hornbuckle suggested that the banners be removed by November 15, 1994. NEW BUSINESS The Deputy City Clerk presented an amendment to City Council General Plan Policy 500-2 adding a guideline for rejection of General Plan Amendment Amendment applications. The Deputy City Manager/Development Guidelines Services reviewed the Agenda Report dated July 14, 1994. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if more than one applicant can come before Council at the designated times. Mayor Genis replied that it could involve any number of properties, but it only can be done at certain times of the year. In response to questions from Council, the Deputy City Manager/Development Services explained that an application for a General Plan Amendment should not be considered unless the criteria of Council Policy 500-2 have been met. He also reported that the policy requires Council to review an amendment and to direct staff on whether or not to proceed with the application. MOTION A motion was made by Council Member Erickson, seconded by Approved Amendment Vice Mayor Humphrey, approving the following amendment to City to City Council Policy Council Policy -500-2: "No General Plan Amendment shall be 500-2 accepted which would increase the overall, City-wide development cap. However, General Plan Amendments which would result in development exchanges or transfers, may be considered." Council Member Buffa opposed the motion because he felt the new guideline was too restrictive. The motion carried 4-1, Council Member Buffa voting no. NEW BUSINESS The Deputy City Clerk presented a request to designate a League of California representative and an alternate for the League of California Cities Cities Conference Annual Conference, October 23 - 25, 1994, in Long Beach. MOTION A motion was made by Council Member Buffa, seconded by Council Genis and Humphrey Member Erickson, and carried 5-0, appointing Mayor Genis as the Appointed as Voting primary voting representative and Vice Mayor Humphrey as the Representatives alternate. CITY ATTORNEY'S The Deputy City Clerk presented City Attorney's Report No. 94-61, REPORT No. 94-61, regarding a request for return of a good faith deposit from J. Request for Return Brennan Cassidy, M.D., in connection with Planning Action PA -94 - of Deposit from 01. One communication was received from James C. Person Jr., Dr. Cassidy Attorney for Dr. Brennan Cassidy, requesting a full refund of $8,000.00. Referred to Closed Session CITY ATTORNEY'S REPORT/Request for Closed Session: Metro Pointe Development Agreement; Scarcello Lawsuit; Employee Negotiations; and Neman Backhoe Lawsuit COUNCIL COMMENTS Police Commended Freedom Homes Tour ADJOURNMENT TO CLOSED SESSION MEETING RECONVENED MOTION Refund Request Granted Council Member Buffa asked if it would be possible to discuss . this item during closed session since it is related to another closed session item. The City Attorney responded that pursuant to Government Code Section 54956.9(a), discussion could beheld during closed session since this issue is related to Eugene Scarcello v. City of Costa Mesa, Superior Court Case No. 71 82 79. Mayor Genis announced that this item would be trailed until closed session so it can be reviewed in conjunction with the Scarcello lawsuit. The City Attorney noted for the record that as indicated, there appears to be an implied threat of litigation; therefore, Council could also consider this item pursuant to Government Code Section 54956.9(b)(1). The City Attorney requested a closed session pursuant to Government Code Sections 54956.8, 54956.9(a), and 54957.6 to discuss the following: First Amendment to Metro Pointe Development Agreement DA -88-02; Eugene Scarcello v. City of Costa Mesa, Orange County Superior Court Case No. 71 82 79; Negotiations with the Costa Mesa Firefighters and Costa Mesa Employees associations; and Newman Backhoe Service, Inc., V. O'Keefe Engineering, Inc., et al., Orange County Superior Court Case No. 72-77-27. Mayor Genis announced that closed session would be held after completion of regular business. Mayor Genis stated that she requested a closed session regarding the Metro Pointe Development Agreement in order to obtain clarification on some issues. Council Member Hornbuckle commended the Police Department for their quick response to her call that she made on Saturday night. Mayor Genis commended the people who organized the Freedom Homes - "Home and Garden Tour". At 7:45 p.m., the Mayor adjourned the meeting to a closed session in the fifth floor Conference Room to discuss the items announced by the City Attorney. The Mayor reconvened the meeting at 9:35 p.m., and the action taken during closed session was announced. Regarding City Attorney's Report No. 94-61, a request for return of good faith deposit from J. Brennan Cassidy, M.D., in connection with Planning Action PA -94-01, by a vote of 5-0, Council granted the refund request but with full waiver of claims relative to Scarcello v. City of Costa Mesa, Orange County Superior Court Case No. 71 8279. MOTION Regarding the First Amendment to Metro Pointe Development Gave Directions Agreement DA -88-02, by a vote of 4-1, Mayor Genis voting no, for First Amendment Council gave directions to the City Attorney on negotiations with to DA -88-02 Arnel. MOTION Scarcello's Settlement Offer Rejected Regarding Eugene Scarcello v. City of Costa Mesa, Orange County Superior Court Case No. 71 82 79, by a vote of 5-0, Council rejected the offer to settle from Scarcello, and the City Attorney was directed to take steps to abandon the variance for Dr. Cassidy. 1 J Negotiations directions to the City Manager and the Personnel Director on negotiations. MOTION Regarding Newman Backhoe Service, Inc., v. O'Keefe Engineering, Authorized Payment Inc., et al., Orange County Superior Court Case No. 72-77-27, by to Continental a vote of 5-0, Council authorized the City Attorney to direct Insurance payment to Continental Insurance Company as recommended in the City Attorney's confidential memorandum dated July 20, 1994. ADJOURNMENT The Mayor declared the meeting adjourned at 9:40 p.m. C`s-t .GSC' Lc�r� Mayor of the City of Costa Mesa ATTEST: Deputy C' Clerk of the City of Costa Mesa