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HomeMy WebLinkAbout09/16/1996 - City Councilniw REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 16, 1996 i The City Council of the City of Costa Mesa, California, met in regular session September 16, 1996, 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 led by Council Member Hornbuckle, and invocation by Minister Andrew Wall, Church of Christ. ROLL CALL Council Members Present: Mayor Joe Erickson Mayor Pro Tem Peter Buffa Council Member Mary Hornbuckle Council Member Sandra Genis Council Members Absent: Council Member Gary Monahan Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Community Services Director Keith Van Holt Personnel Services Director Steve Hayman Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council September 3, 1996 Member Hornbuckle, and carried 4-0, Council Member Monahan absent, the minutes of the regular meeting of September 3, 1996, were approved as distributed. ORDINANCES AND AI motion was made by Mayor Pro Tem Buffa, seconded by RESOLUTIONS Council Member Hornbuckle, and carried 4-0, to read all ordinances and resolutions by title only. ANNOUNCEMENT Mayor Erickson announced that a continuance had been recommended for New Business Item No. 4, proposal for combined law enforcement helicopter operations between Newport Beach and Costa Mesa police departments. ORAL COMMUNI- Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, asked that CATIONS the recently adopted State shopping cart legislation be Shopping Cart discussed at the October 14, 1996, Council Study Session. Legislation The City Attorney explained that the City's new contract for cart collection will utilize the . 72 -hour rule outlined in this statute. Mr. Pizarek recommended that the City join forces with the Chamber of Commerce and the Homeowners Association Coalition to inform Representative Ross Johnson, 72nd State Assembly District, of the concern regarding this '. legislation, with a. request to meet and discuss the issue. He felt that this action should be taken prior to- January '1, 1997. Council Member Genis felt that it is important for elected" 1 • a. officials to hear from "the people with the votes," such as the homeowners associations and disgruntled citizens. Dave Salcido, 954 West 17th Street, Costa Mesa, asked what the vote had been on the shopping cart legislation. The City Manager responded that he was unsure as to the vote, and reported on the rapid passage of the bill. Heather Somers, 427 East 17th Street, Costa Mesa, President of the Ease Side Homeowners Association, asked if the City's Code Enforcement officers could impound the errant shopping carts until the grocery,stores effect a solution for the problem. The City Manager explained that the new legislation overrides local ordinances and specifies that in the 72 hours before an abandoned shopping cart may be removed, it must be tagged and written notification of its whereabouts provided to the owner. Mrs. Somers pledged the Homeowners' support to repeal the legislation. Arnold Avenue Luis Bianes, 1981 Arnold Avenue, Costa Mesa, complained Problem Property about his next-door neighbor who has created a problem in the neighborhood for 20 years. He stated that the house is an eyesore and infested with rodents. The Deputy City Manager responded that the City has spent months working with the owner of the property, and "tons" of debris had been hauled from the rear yard. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, added her observations on the outstanding problems at the residence on Arnold Avenue. She expressed her fear of disease due to rats. Mayor Erickson informed Mrs. Davidson that a draft ordinance regarding vacant properties will be discussed at the Study Session of October 14, 1996. Mayor Complimented Greg Brown, 2501 Christopher Lane, Costa Mesa, complimented the Mayor on his recent television appearance. CONSENT The following item was removed from the Consent Calendar: CALENDAR Item No. 8, First Amendment to Lease with the County of Orange for a library facility at 2969 Mesa Verde Drive East. MOTION/Approved On motion by Mayor Pro Tem Buffa, seconded by Council Except Item 8 Member Hornbuckle, and carried 5-0, the remaining Consent Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: State of California, Department of Transportation, on behalf of Tracey Allman; Clifford Finnecy; and Wendee Hagen. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose Approved Permit from Girl Scout Council of Orange County, 1620 Adams for Girl Scout Avenue, Costa Mesa, by sale of calendars, nuts, and cookies Council in residential and commercial areas from October 1, 1996, through April 30, 1997, was approved pursuant to Municipal Code Section 9-127(d). WARRANTS Warrant Resolution 1632, funding City operating expenses in Approved Warrant the amount of , $2,687,486.87; and Payroll 9617 for 1632; Payroll 9617 $1,357,1 17.16, were approved. ADMINISTRATIVE Initiation of formal action to resign the City's membership in ACTIONS/Approved the Orange County Regional Airport Authority (OCRAA), Resignation from whose major purpose is to participate in the EI Toro Reuse OCRAA Planning Effort, was approved. Adopted Resolution Resolution 96-86, A RESOLUTION OF THE CITY COUNCIL OF 96-86 Approving THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE Submittal to OCTA SUBMITTAL OF THE CITY OF COSTA MESA IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM, to receive Measure Mi "turnback" funds for the 10 projects listed in Exhibit "A", was adopted. i Approved Settlement The stipulation regarding settlement and agreement respecting and Agreement allowance and classification of claims of Orange County cities Stipulation for Claims (Non -option B) and related entities, in connection with the in Orange County Orange County bankruptcy (Case No. SA -94-22272 JR), was Bankruptcy approved. Approved Agreement An agreement with Robert Pedersen and Associates, 20271 with Pedersen to Acacia Street, Newport Beach, for $5,600.00, to design Design Landscape landscape and irrigation improvements on Harbor Boulevard, and Improvements was approved, and the Mayor and Deputy City Clerk. were on Harbor Boulevard authorized to sign on behalf of the City; and Budget Adjustment No. 97-13 for $6,000.00 was approved. Amendment to Item 8 on the Consent Calendar was presented: First Lease with the Amendment to Lease between the City and the County of County for Mesa Orange for the purpose of the County's operating a library Verde Library facility at 2969 Mesa Verde Drive East. Council Member Genis reported that the amendment contains a 60 -day clause wherein the County is required to inform the City of any planned cutbacks in service, and she noted that recommendations. from the Library Committee will not be preempted. She observed that over five percent of the County's budget for the library system is utilized for rental of its administration building. Council Member Genis asked for suggestions from the public on how to spend extra monies budgeted for Costa 'Mesa libraries, such as extending the hours of operation, purchasing more resources, and so forth. Robert Graham, 3260 Dakota Avenue, Costa Mesa, asked if the monies paid to the County's library fund were equal to the services received. The City Manager responded that the County provides normal library services in exchange for rental of the premises; however, the City is not precluded by the agreement from taking another direction. He reported that the library committee will make its recommendations to Council in November, 1996. Mr.. Graham felt that the libraries should be administered through the City, and showed photographs of the "Orange County Library" sign. Council Member Hornbuckle acknowledged that there are good reasons for belonging to a large library system, including access to vast amounts of materials. 1 MOTION/Approved On motion by Council Member Hornbuckle, seconded by Amendment Mayor Pro Tem Buffa, and carried 4-0, the amendment was approved, with the understanding that 'any future actions by the City will not be precluded, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. ANNOUNCEMENT Mayor Erickson recognized Nate Reade, a member of the Costa Mesa Sanitary District Board of Directors, who was in attendance. NEW BUSINESS The Deputy City Clerk presented a request from Dorothea S. Request from League Robinson, 3210 Nebraska Place, Costa Mesa, representing of Women Voters for Newport/Mesa League of Women Voters, to waive fees for Fee Waiver use of Balearic Community Center to conduct their monthly meetings. The Community Services Director reviewed the Agenda Report dated August 16, 1996. Dorothea Robinson, the applicant, reported that the League of Women Voters is a nonprofit, nonpartisan organization which is open to the public. She emphasized that they study issues and do not endorse any political candidates. Council Member Genis acknowledged that the League of Women Voters is a worthwhile organization, as are other Costa Mesa organizations; however, she felt that the nonprofit rate is designed for this type of activity. MOTION On motion by Council Member Genis, seconded by Mayor Pro Denied Request Tem Buffa, and carried .4-0, the request was denied. Mayor Erickson acknowledged that this is a worthy cause but supported the motion because the City has a policy regarding the use of taxpayers money to support various causes. NEW BUSINESS The Deputy City Clerk presented a request from Christ Request from Christ Lutheran Church- and School, 760 Victoria Street, Costa Lutheran Church for Mesa, to waive fees for use of the show wagon on November Fee Waiver 2, 1996, for its annual fund raiser. The Community Services Director summarized the Agenda Report dated August 14, 1996. MOTION Denied Request Council Member Hornbuckle felt that it is important for the City to cover its costs so as not to burden the taxpayer. On motion by Council Member Hornbuckle, seconded by Council Member Genis, and carried 4-0, the request was denied. NEW BUSINESS The Deputy City Clerk presented a request to rename Suburbia Request to Rename Park "Moon Park", and to install seating around the Suburbia Park "Moon lunarscape. A communication, addressed to the Parks Park" Commission, was received from Liz McCormack, 3234 Montana Avenue, Costa Mesa, supporting removal of the lunarscape at Suburbia Park. The Community Services Director reviewed the Agenda Report dated September 9, 1996, indicating that the proposed concrete pad and picnic tables would be located almost directly south of the lunarscape and would afford a view of both tot lots. 301 302 The following Costa Mesa residents spoke in favor of removal of the lunarscape: Greg Brown, 2501 Christopher Lane; Liz McCormack (address noted above); Heather Somers, 427 East 17th Street (suggested removing one-half of the lunarscape); Scott Smith, 3248 'Nebraska Lane; and Suzanne Bradley, 3241 Oregon Avenue. The following Costa Mesa residents spoke in favor of retaining the lunarscape: H. R. Hundley, 3359 Nevada Avenue; and Michael Dunlevie, 245 East Wilson Street. MOTION Ai motion was made by Council Member Hornbuckle, Renamed "Moon seconded by Council Member Genis, to retain the lunarscape; Park"; Approved to change the name to "Moon Park"; to proceed with the Seating and Other budgeted installation of the concrete pad and picnic tables; to Changes install a security light to the rear of the lunarscape; and, at the Continued to discretion of the Community Services Director, to regularly October 7, 1996 check the lunarscape to ensure that the crater holes are NEW BUSINESS draining properly. Shalimar Alley Council Member Hornbuckle thought that alternative ideas Assessment District should be tried prior to complete removal of the lunarscape. No. 96-1 Mayor Pro Tem Buffa opposed the motion because he felt that the concrete pad and picnic tables were unnecessary, and suggested the addition of signage. The motion carried 3-1, Mayor Pro Tem Buffa voting no. i NEW BUSINESS The Deputy City.Clerk presented a proposal for combined law ABLE Reorganization enforcement helicopter operations between Newport Beach and Costa Mesa police departments: Resolution of Intention to make acquisitions and improvements, declaring the intent to finance improvements through the issuance of bonds. Resolution preliminarily approving the Engineer's Report, 'ordering public hearings on October 21, and November 4, 1996, and directing actions with respect thereto. The Public Services Director reviewed the Agenda Report dated September 9, 1996. A question and answer period ensued. 1 Resolution approving the transition and reorganization plan for airborne Law Enforcement Services (ABLE). Revised ABLE Memorandum of Understanding (MOU) and initiation of Option No. 1 of proposed ABLE reorganization. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Continued to Member Genis, and carried 4-0, this item was continued to October 7, 1996 the meeting of October 7, 1996. NEW BUSINESS The Deputy City Clerk presented a request to establish Shalimar Alley Shalimar Alley Rehabilitation Assessment District No. 96-1: Assessment District No. 96-1 ':Resolution appointing an engineer, financial advisor, and attorneys for proposed Assessment District No. 96-1 (Shalimar Drive Alleys). Resolution of Intention to make acquisitions and improvements, declaring the intent to finance improvements through the issuance of bonds. Resolution preliminarily approving the Engineer's Report, 'ordering public hearings on October 21, and November 4, 1996, and directing actions with respect thereto. The Public Services Director reviewed the Agenda Report dated September 9, 1996. A question and answer period ensued. 1 Dave Salcido, 954 West 17" Street, Costa Mesa, asked the consequences should the majority of homeowners decide against forming the assessment district. The City Attorney responded that if Council finds that the alley is a public nuisance, a four-fifths vote would override the majority protest and impose the assessment district. MOTION On motion by Council Member Hornbuckle, seconded by Adopted Resolutions Mayor Pro Tem Buffa, and carried 4-0, the following action 96-87, 96-88, and was taken, with the finding for each resolution that all funds 96-89 paid for property acquired shall be applied to that property - owner's assessment by means to be determined: Resolution 96-87, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPOINTING THE ENGINEER, FINANCIAL ADVISOR, AND ATTORNEYS FOR THE PROPOSED ASSESSMENT DISTRICT NO. 96-1 (SHALIMAR DRIVE ALLEYS), was adopted. Resolution 96-88, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING ITS INTENTION TO MAKE ACQUISITIONS AND IMPROVEMENTS AND ESTABLISH ASSESSMENT DISTRICT NO. 96-1 (SHALIMAR DRIVE ALLEYS), was adopted. Resolution 96-89, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO PRELIMINARILY APPROVE THE ENGINEER'S REPORT, ORDER THE HEARINGS AND TO DIRECT ACTIONS WITH RESPECT THERETO FOR THE ESTABLISHMENT OF ASSESSMENT DISTRICT NO. 96-1 (SHALIMAR DRIVE ALLEYS), was adopted. CITY MANAGER'S The City Manager presented the Memorandum of REPORT Understanding (MOU) for 1996-1999 with the Costa Mesa Police Association Police Association; and a resolution revising the salary ranges MOU for job classifications represented by the Costa Mesa Police Association and selected classifications represented by the Costa Mesa City Employees Association. A communication was received from the Costa Mesa Police Association confirming that the terms of the 1996-1999 MOU have been approved by a majority of the Police Association members. The Personnel Services Director summarized the Agenda Report dated September 5, 1996. Council Member Hornbuckle commented on the improvement in the MOU process as compared to previous years. Mayor Pro Tem Buffa agreed and commended the Police Association and City management. MOTION On motion by Council Member Hornbuckle, seconded by Adopted MOU; Mayor Pro Tem Buffa, and carried 4-0, the MOU was adopted, Adopted Resolution and Resolution 96-90, A RESOLUTION OF THE CITY 96-90 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE RATES OF PAY FOR SWORN POLICE CLASSIFICATIONS, was adopted. :303 .304 COUNCIL Council Member Genis reported that Tuesday, September 17, COMMENTS 1996, 9:30 a.m., Hall of Administration building, the Board of Board of Supervisors Supervisors will be considering their external restructuring Meeting proposal. She stated, that the first meeting of the Council of Governments was held and noted that a member of the public Council of Govern -will be a part of that group. She asked for volunteers from ments the community, perhaps a member of a homeowners or a community group, and suggested that they contact the League of Cities or.get in touch with her through City Hall. Neighbors -for- Mayor Erickson announced that the Neighbors -for -Neighbors Neighbors cleanup is scheduled for Saturday, September 28, 1996, 8:00 a.m., at EI Nido Trailer Park, 1670 Newport Boulevard, Costa Fairgrounds EIR Mesa, and encouraged everyone to participate. He stated that the Fairground Environmental Impact Report (EIR) and plan will be reviewed by the Orange County Fair Board on Thursday, September 26, 1996, at 10:00 a.m., in the Orange County 4th Annual Fairgrounds Memorial Gardens . Building. Mayor Erickson Community Softball reported that the Todos Hermanos and Save Our Youth (SOY) Game 4th annual community softball game is scheduled for Sunday, September 29, 1996, at 12:00 p.m. in Lions Park, Davis softball field. ADJOURNMENT The Mayor declared the meeting adjourned at 8:10 p.m. May f the City of Costa Mesa i ATTEST: T. Deputy City lerk of the City of Costa Mesa i i 1