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Home My WebLink About12/19/1994 - City CouncilROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 19, 1994 The City Council of the City of Costa Mesa, California, met in regular session December 19, 1994, at 6:30 p.m., in the Council j 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 Assistant Pastor Anita Regehr, Vineyard Christian Fellowship. Council Members Present: Council Members Absent: Officials Present: Mayor Joe Erickson Mayor Pro Tem Peter Buffa Council Member Mary Hornbuckle Council Member Sandra Genis Council Member Gary Monahan None 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 Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council Member November 21, Genis, and carried 5-0, the minutes of the regular meetings of December 5 and 12, November 21 and December 5, 1994, and the special meeting of 1994 December 12, 1994, were approved as distributed. ORDINANCES AND ! A motion was made by Mayor Pro Tem Buffa, seconded by Council RESOLUTIONS Member Hornbuckle, and carried 5-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- Dorothy Adams, 220 Amherst Road, Costa Mesa, described ongoing CATIONS problems in the downtown Costa Mesa area caused by vagrants and Downtown Vagrant the homeless. Mayor Erickson commented that numerous police Problems iofficers, as well as staff from the City Manager's office, are working with Ms. Adams to help resolve these problems, and the effort will continue into the new year. Missing Agenda Roy Andreen, 2769 Cibola Avenue, Costa Mesa, representing the Mesa del Mar Homeowners Association, complained that he received only an unsealed envelope without the agenda for tonight's meeting, and asked that a piece of tape be affixed to the flap of his agenda envelopes in the future. Banner Regulations Larry LaCasse, President of Pure American Paint, 390 East 17th Street, Costa Mesa, stated that banner regulations are being too stringently enforced ;rec;nu; and requested that the number of banners allowed 'in a 'qu�dr±,-,r,-be increased from 14 to 36. He explaineO.. that the increase woj ld=allow local merchants to advertise three-day weekwnd -- sale.; -Afich- are imperative to the small businessman. The.:�Putyic Manager/Development Services responded. that on'Qetober_l, 1 NA the moratorium on enforcement 1 of all temporary signing in the City expired, and Code Enforcement is actively pursuing businesses that do not adhere to banner regulations. Mayor Erickson suggested that Mr. LaCasse direct a letter to Council addressing these concerns. White House Confer- Anne Shereshevsky, 2152 Elden Avenue, No. 1, Costa Mesa, ence on Aging reported that in January, 1995, she will be travelling to Washington, D.C., to attend the preliminary White House Conference on Aging. She stated that she was interested in obtaining ideas or information regarding this issue. Council Member Hornbuckle suggested that Ms. Shereshevsky meet with the Redevelopment Agency staff prior to her journey. Homeless Problem Sid Soffer, 900 Arbor Street, Costa Mesa, commented that the homeless problem needs to be addressed, and there seems to be an effort in Costa Mesa to move them out of .this area rather than confronting the issue. Fred Jansson, 1800 Newport Boulevard, Costa Mesa, supported the previous speaker, Larry LaCasse, in his stand on banners, and requested that Council review the ordinance. He reported that vagrants and the homeless are a problem for the downtown Costa Mesa area, and suggested that all Orange County cities work together to solve this problem. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 3, Seismic evaluation of City Hall, Police Department, Corporation Yard, and the Downtown Community Center; Item 4, Helicopter Engine Overhaul; Item 5, Christmas Tree Recycling Services; and Item 7(a), Budget Adjustment No. 95-22, for $10,800.00, for the Small Business Administration Tree Planting Program. MOTION/Approved On motion by Mayor Pro Tem Buffa, seconded by Council Member Except Items 3, Genis, and carried 5-0, the remaining Consent Calendar items were 4, 5, and 7(a) approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Ali Asharaf and Farhad Karimian; Robert L. Brant; Thomas W. Burton; Catherine Camp; Kathleen Flynn -Navarro; Jesse Smith; Karen T. Spilly; and John Patrick Toal. WARRANTS Warrant Resolution 1587, funding City operating expenses in the .Approved Warrant amount of $847,095.63; and Payroll 9424 for $1,294,084.26, were 1587; Payroll 9424 approved. ADMINISTRATIVE City Hall Accessibility Ramps, Handrails, and Parking Areas, ACTIONS Project No. 93-12, was completed to the satisfaction of the Public Accepted Work by Services Director on November 3, 1994, by IPS Services, Inc., Post IPS Services, Inc., Office Box 10458, San Bernardino. The work was accepted; the for City Hall Ramps, Deputy City Clerk was authorized to file a Notice of Completion; Handrails, and Park- authorization was given to release retention funds 35 days thereafter; ing Areas, Project the Labor and Material Bond was ordered exonerated 7 months No. 93-12 thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. 167 Adopted Resolution i Resolution 94-116, A RESOLUTION OF THE CITY COUNCIL OF 94-116 Authorizing i THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING Grant Funds for Tree AND DIRECTING KEITH VAN HOLT TO EXECUTE Planting Program CONTRACT NO. 8CA94624 REGARDING DISTRIBUTION OF GRANT FUNDS UNDER THE SMALL BUSINESS ADMINIS- TRATION TREE PLANTING PROGRAM, was adopted; and the contract with the California Department of Forestry to acquire grant funds for planting 180 parkway trees was approved. Seismic Evaluation Item 3 on the Consent Calendar was presented: Seismic evaluation "Concept Study" j "Concept Study" of City Hall, Police Department, Corporation Yard, and the Downtown Community Center. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if this study could be done in- house, and commented that he objected to spending such a large amount of money for another study. The Public Services Director responded that this type of study must be conducted by a State of California registered structural engineer, and there is no one on the City staff with those credentials. The City Manager clarified that the structures to be evaluated were constructed pre -1971 before the current seismic code requirements were instituted. Dorothy Adams, ,'220 Amherst Street, Costa Mesa, suggested that the City's insurance company provide this service. The City Manager replied that he MOTION would investigate that possibility. On motion by Mayor Pro Tem Awarded to Brandow Buffa, seconded by Council Member Genis, and carried 5-0, the & Johnston contract was awarded to Brandow & Johnston Associates, 20301 South West Birch Street, Suite 100, Santa Ana Heights, for an amount not to exceed $48,500.00. Helicopter Engine Item 4 on the Consent Calendar was presented: Helicopter Engine Overhaul Overhaul. The City Manager requested that this item be removed from the agenda. A motion was made by Mayor Pro Tem Buffa, MOTION seconded by Council Member Genis, and carried 5-0, to withdraw Withdrawn the item. Christmas Tree Item 5 on the Consent Calendar was presented: Christmas Tree Recycling Services Recycling Services. Sid Soffer, 900 Arbor Street, Costa Mesa, asked why the City had to spend money to recycle the trees. The 1 Public Services Director responded that this program meets the requirements of the Source Reduction and Recycling Element of the General Plan which the City is required to implement, and explained MOTION the details. On motion by Council Member Hornbuckle, seconded Awarded to Weedfree by Mayor Pro Tem Buffa, and carried 5-0, the contract was awarded Organic's to Weedfree Organic's, 9100 Laurel Canyon, Pacoima, for an amount not to exceed $6,000.00. Budget Adjustment Item 7(a) on the Consent Calendar was presented: Budget No. 95-22, Tree Adjustment No. 95-22, for $10,800.00, for the Small Business Planting Program Administration Tree Planting Program. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that this money could be put to better use than on planting trees. The City Manager explained that the funds were obtained by grant from the State of California. On MOTION i motion by Mayor Pro Tem Buffa, seconded by Council Member Adjustment Approved Hornbuckle, and carried 5-0, the adjustment was approved. OLD BUSINESS The Deputy City Clerk presented from the meeting of November 21, Abandoned Shopping 1994, second reading and adoption of Ordinance 94-16, relating to Carts abandonment of shopping carts. A communication was received from Bill Riley, 362 Ralcam Place, Costa mesa, suggesting that an ordinance be adopted which requires major retailers within certain areas to install cart management systems. [1 J 169 Phil Morello, 1715 Samar Drive, Costa Mesa, President of the Wallace Avenue Improvement Group, supported adoption of the ordinance as a compromise, stating a preference for a document which would have prevented the removal of shopping carts from store areas. He pointed out that the stores have known about the ordinance for at least two months, and the abandoned shopping cart situation has not.improved. He commended Marshalls on Harbor Boulevard for their theft deterrent system which includes an alarm that is installed on each cart. Nancy Palme, 1997 Kornat Drive, Costa Mesa, did not believe that the proposed ordinance would solve or alleviate the problem. She provided several examples of flagrant shopping cart misuse. Ms. Palme suggested that the City meet with grocery store personnel and citizens to review the situation. Beth Beeman, California Grocer's Association, 1 World Trade Center, Suite 480, Long Beach, presented two videotapes which portrayed shopping cart retrieval problems. She submitted a letter to Council which the Association had written to the City over a year ago explaining their concern about this issue, and pointing out that they were taking a proactive stance in finding a way to approach the problem. She reported that they have created California Shopping Cart Retrieval Corporation which operates a successful program from the San Fernando Valley to Long Beach and will be coming to Orange County. She asked that the City allow them time to work out the new program in this area. Sid Soffer, 900 Arbor Street, Costa Mesa, thought that this matter was exaggerated in comparison to financial problems that the City is experiencing at this time. Dorothy Adams, 220 Amherst Road, Costa Mesa, disagreed with Mr. Soffer in that she felt that shopping carts are a very big problem. Mayor Pro Tem Buffa commented that the ordinance, as written, leaves the option of cart retrieval service to the discretion of each market; however, he preferred making it mandatory by tying it into the business license procedure. The City Attorney stated that an amendment to the business license ordinance would be required to effect this procedure. Council Member Monahan, along with Mayor Pro Tem Buffa, did not support the City's involvement in the cart retrieval business, and objected to the $250.00 fine for each shopping cart. Council Member Genis stated that she would like to investigate the possibility of improving the stores' cart storage which is also a large part of this problem. MOTION A motion was made by Council Member Genis, seconded by Adopt Ordinance Council Member Hornbuckle, to adopt Ordinance 94-16, modifying 94-16 With One the last .line of Section 15-19.2(g) to read, "...to the City civil Revision penalties in an amount to be set by resolution of the City Council", deleting "in the amount of $250.00 for each illegal shopping cart and/or merchandise removed". SUBSTITUTE A substitute motion was made by Mayor Pro Tem Buffa, seconded MOTION by Mayor Erickson, to give second reading and adopt Ordinance 94 - Adopted Ordinance 16, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 94-16 With Revisions OF COSTA MESA, CALIFORNIA, ADDING ARTICLE 1 TO CHAPTER 1 OF TITLE 14 OF THE COSTA MESA MUNICIPAL CODE RELATING TO ABANDONMENT OF SHOPPING CARTS, modifying the last line of Section 15-19.2(g) as per the original motion; adding to Section 15-24, "this article shall take effect March 1, 1995"; and directing the City Attorney to prepare j an ordinance requiring every business using shopping carts to have, or be part of, a cart retrieval system, and making this a requirement of obtaining a business license. The substitute motion carried 3-2, Council Members Monahan and Hornbuckle voting no. OLD BUSINESS The Deputy City Clerk presented from the meeting of December 5, NPDES Surface 1994, second reading and adoption of Ordinance 94-19, pertaining Water Quality to water quality, incorporating the National Pollutant Discharge Protection Elimination System (NPDES) model ordinance relating to surface water quality protection. MOTION On motion by Council Member Genis, seconded by Mayor Pro Tem Continued to Buffa, and carried 5-0, this item was continued to the meeting of April 17, 1995 April 17, 1995, as recommended by staff. NEW BUSINESS The Deputy City Clerk presented a letter from the Costa Mesa Costa Mesa Senior ! Senior Committee requesting that the Committee be dissolved. Committee Amy Morimoto, 2833 Monterey Avenue, Costa Mesa, Chairman of the Senior Committee, was available to answer questions but thought that the letter was self-explanatory. Roy Andreen, 2769 Cibola Avenue, Costa Mesa, stated that the j committee was worthwhile before the opening of the Senior Center; however, now senior problems can be handled by the Center and their Board of Directors. MOTION A motion was made by Council Member Hornbuckle, seconded by Committee Disbanded Council Member Genis, and carried 5-0, to disband the Senior Committee, and to send a letter of gratitude to the members of the Committee. NEW BUSINESS The Deputy City Clerk presented a recommendation from the CALTRANS Art Freeway Art Ad Hoc Committee/Parks, Recreation Facilities and Project Parkways Commission, for the California Department of Transportation (CALTRANS) Art Project. Diana Blaisure, 2083 Continental Avenue, Costa Mesa, Member of the Parks, Recreation Facilities and Parkways Commission, reviewed the Agenda Report dated December 12, 1994. Tony Petros, 2135 Iris Place, Costa Mesa, reported on the grave financial problems that CALTRANS and Orange County Transit Authority (OCTA) are encountering, and believed that any money spent should go towards transportation issues, not on aesthetic issues. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his displeasure with the concept of spending monies for the freeway art project. Ms. Blaisure explained the concept of the art panels, stating that they should not be a traffic hazard. MOTION A motion was made by Council Member Genis, seconded by Authorized Letter to Council Member Hornbuckle, and carried 5-0, authorizing that a CALTRANS letter to be forwarded to CALTRANS, with copies to State and Federal elected officials, indicating that the City's preference is for these monies to be reallocated to more essential services. 1 Council Member Hornbuckle suggested sending the list along with the letter in case the monies are to be spent anyway, and Council Member Genis requested that the Balboa Pavilion be deleted from that list. Mayor Pro Tem Buffa complimented the members of the Committee for their work on this project. NEW BUSINESS The Deputy City Clerk presented a request from South Coast Plaza Cirque du Soleil to install 70 Cirque du Soleil banners from January 9 through March Banner Request 99 1995, along Bear and Bristol Streets and Sunflower Avenue. The Assistant to the City Manager summarized the Agenda Report dated December 15, 1994. A communication was received from Childhelp USA, Post Office Box 2954, Newport Beach, which reported that Cirque du Soleil has donated the proceeds from four California opening nights to the victims of child abuse. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Banners approved Hornbuckle, and carried 5-0, the banners were approved. NEW BUSINESS The Deputy City Clerk presented proposed reports to City Council Costa Mesa High from Costa Mesa high schools. School Reports John. Anderson, 2537-B Orange Avenue, Costa Mesa, member of the Education Committee of the Costa Mesa Chamber of Commerce, responded to an inquiry from Mayor Erickson by stating that this program would not involve City staff time, and the students would be coached. He commented that the Chamber would like to incorporate Newport Harbor High School in the future. Tony Petros, 2135 Iris Place, Costa Mesa, Executive Vice President of the Chamber of Commerce, reported that this program will show the positive aspects of our schools with the intention of rewarding the student participants through the Chamber's student breakfasts. Sid Soffer, 900 Arbor Street, Costa Mesa, supported the program. MOTION - A motion was made by Council Member Hornbuckle, seconded by Approved High Mayor Pro Tem Buffa, and carried 570, to approve the inclusion of School Reports local high school reports as a regular item on the Council agenda. Council Member Hornbuckle encouraged the inclusion of Newport Harbor High School since east side students attend that school. The City Manager reported, that the City would work with the Chamber and should be. able to start 'the,program in January, 1995. CITY ATTORNEY'S The City Attorney, requested.; '-a. closed session pursuant to REPORT/Request Government Code Sections,54.956.90)(1) and 54956.9(c) to discuss for Closed Session: the Orange County.- Trea.urer's Pool. Mayor Erickson announced Orange County that close_ d session fwoufd. be $eld after completion of regular Treasurer's Pool business. = CITY MANAGER'S The City Manager expressed -his thanks to Council, his staff, and REPORT residents in the coriimunity who have been very cooperative during the Orange County Treasurer's Pool bankruptcy filing. COUNCIL Council Member Monahan thanked City staff for their help during COMMENTS his orientation. Happy Holidays Council Members Monahan, Genis, Hornbuckle, Buffa, and Erickson wished everyone a happy holiday season. Council Member Genis asked citizens, especially children, to use lights and/or : -17.x.. 172 reflectors on their bicycles as a safety measure during this time of year because of the shortness of daylight hours. Orange County Mayor Erickson stated that he was troubled by the lack of Treasurer Pool accountability in . the Treasurer's Pool problem, and that citizens of Costa Mesa should look to himself and other elected officials. He reported that this item is being discussed in closed session because of the adversarial positions of the City and the County, and to protect the citizens. ADJOURNMENT TO At 8:15 p.m., the Mayor adjourned the -meeting to a closed session CLOSED SESSION in the first floor Conference Room to discuss the Orange County Treasurer's Pool. MEETING The Mayor reconvened the meeting at 9:10 p.m., and the action RECONVENED taken during closed session was announced. Regarding the Orange County Treasurer's Pool and Orange County bankruptcies: MOTION/Waived By a vote of 5-0, Council waived the conflict of interest for joint Conflict of Interest representation of the City of Costa Mesa and the Costa Mesa for Representation ! Sanitary District by Thomas Coleman, Troy & Gold. MOTION By a vote of 5-0, the City Attorney, in consultation with the City Authorized Litigation Manager, were authorized to initiate litigation as necessary to protect the City's interests. ADJOURNMENT The Mayor declared the meeting adjourned at 9:15 p.m. Ma r of the City of Costa Mesa ATTEST: 0 7 Deputy C' Clerk of the City of Costa Mesa