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HomeMy WebLinkAbout08/03/1992 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 3, 1992 The City Council of the City of Costa Mesa, California, met in regular session August 3, 1992, 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 Conrad Nordquist, St. John the Divine Episcopal Church. ROLL CALL Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buffa Council Member Jay Humphrey 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 City Clerk Eileen Phinney MINUTES On motion by Council Member Buffa, seconded by Council Member July 13 and 20, 1992 Erickson, and carried 5-0, the minutes of the special meeting of July 13, 1992, and the regular meeting of July 20, 1992, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, to read all ordinances by title only. ANNOUNCEMENT Mayor Hornbuckle announced that several items were being ON CONTINUED continued to future Council meetings: Public Hearing No. 1, Appeal ITEMS of the Planning Commission's denial of Zoning Action ZA-92-03; Old Business No. 2, Baker Street bus turn -outs; New Business No. 1, Agreement with Costa Mesa Sanitary District and resolution of approval; New Business No. 2, Costa Mesa Community Facilities District No. 92-1, Metro Pointe; and City Manager's Report No. 1, Amendment to the Memorandum of Understanding with the Costa Mesa Firefighters Association. On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, the following items were continued to the dates indicated: OLD BUSINESS Bus Turn -outs Continued to the Council meeting of September 21, 1992: Request MOTION/Continued from Sommerset Citihomes Homeowners Association for further to September 21, consideration of the proposed bus turn -outs on Baker Street as shown 1992 in the Baker Street Transportation System Management Study. NEW BUSINESS Referred to Study Session of September 14, 1992, and -continued to Sanitary District the Council meeting of September 21, 1992: Joint '-. Powers Agreement Agreement with the Costa Mesa Sanitary District- ffor management of all solid wastes in connection with Assembly Bill 939 and the MOTION/Continued Source � Reduction and Recycling Element; and a resolution to September 21, approving the Joint Powers Agreement for the Costa Mesa Solid 1992 Waste Recycling and Disposal Authority. NEW BUSINESS Continued to the Council meeting of September 8, 1992: CFD No. 92-1 Establishment of City of Costa Mesa Community Facilities District (CFD) No. 92-1, Metro Pointe; resolution of intent to establish CFD MOTION/Continued No. 92-1, and to authorize the levy of special taxes; resolution of to September 8, 1992 intent to incur indebtedness for CFD No. 92-1; and agreement regarding advances for CFD No. 92-1. CITY MANAGER REPORT/MOU with Continued to the Council meeting of August 17, 1992: Amendment Firefighters to the Memorandum of Understanding (MOU) between the City and MOTION/Continued the Costa Mesa Firefighters Association. to August 17, 1992 After action was taken on the Consent Calendar, Mayor Hornbuckle again announced those items to be continued, and the City Clerk requested a specific date for the continuance of Public Hearing No. 1, Zoning Action ZA-92-03. PUBLIC HEARING On motion by Council Member Buffa, seconded by Vice Mayor Appeal of ZA-92-03 Genis, and carried 5-0, Public Hearing No. 1 was continued to the Smart SMR of Council meeting of September 8, 1992: Appeal of the Planning California/Sparks Commission's denial of Zoning Action ZA-92-03 from Eric M. Meurs, Smart SMR of California, Incorporated, 1010 Kraemer MOTION Place, Anaheim, authorized agent for Gerald E. Sparks, Post Office Continued to Box 1477, Huntington Beach, for a Conditional Use Permit to install September 8, 1992 an 80 -foot high antenna, cabling, and electrical equipment at 1548 Adams Avenue in a Cl zone. Environmental Determination: Exempt. ORAL COMMUNI- Gordon Dean, 2948 Royal Palm Drive, Costa Mesa, stated that he CATIONS had intended to speak about recognition of the Costa Mesa Seniors Club by the Board of the Costa Mesa Seniors Corporation and the Senior Citizens staff of the new Senior Center; however, many problems were resolved and a tentative agreement reached at a meeting held July 29, 1992. He felt the City Council was negligent in allowing the disagreement to become so disconcerting to members of the Seniors Club. Anne Shereshevsky, 2152 Elden Avenue, Costa Mesa, member of the Seniors Club, thanked Council for the beautiful, new Senior Center on Pomona Avenue and 19th Street, and announced that three organizations have moved to the Center: Golden Timers, Seniors Club, and TLC (Transportation, Lunch, and Counseling). She invited all mature adults in Costa Mesa to visit the Center, and mentioned that all donations are welcome. Police Department John Feeney, 1154 Dorset Lane, Costa Mesa, asked when the Police Presentation Department would be making its presentation before the City Council. The City Manager responded that it is scheduled for the meeting of August 17, 1992. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 2, Setting a public hearing for the Revised User Fee Schedule for Fiscal Year 1992-1993; and Item 5, Resolution requalifying the City for Orange County Combined Transportation Funding Programs. On motion by Council Member Buffa, seconded by Council Member Erickson, the remaining Consent Calendar items were approved in Udh 2 one motion by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None READING FOLDER On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Lorelie Noel Merten; Donald and Mildred Nicholson; James Andrew Suetz; TFI Building Materials, Incorporated, doing business as Coast Electric; Donna M. Wallace; Frank W. and Barbara T. Witbeck; and Marcelle M. Yelverton. Alcoholic Beverage Alcoholic Beverage Licenses for which parking has been approved Licenses by the Planning staff: Pu Ki and Yung Ok Chong, doing business as Hanshaw Liquor, 3135 Harbor Boulevard; Sergio Avila, doing business as El Ranchito No. 5, 2101 Placentia Avenue; and Sean P. Steele, doing business at 2915 Red Hill Avenue, Suite D104. WARRANTS On motion by Council Member Buffa, seconded by Council Member Erickson, Warrant Resolution 1525, including Payroll 9215, was MOTION approved by the following roll call vote: Warrant 1525 AYES: Hornbuckle, Genis, Buffa, Approved Humphrey, Erickson NOES: None ABSENT: None ADMINISTRATIVE A motion was made by Council Member Buffa, seconded by Council ACTIONS Member Erickson, to adopt Resolution 92-74, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Disadvantaged Busi- CALIFORNIA, DESIGNATING A DISADVANTAGED BUSINESS ness Enterprises ENTERPRISES LIAISON OFFICER, naming Baltazar Mejia as the City's coordinator. The motion carried by the following roll call MOTION vote: Resolution 92-74 AYES: Hornbuckle, Genis, Buffa, Adopted Humphrey, Erickson NOES: None ABSENT: None Street and Traffic Driveway modification, storm drain, and traffic signalization at Bear Signal Improvements Street and the easterly extension of South Coast Drive into South for Entry to South Coast Plaza were completed to the satisfaction of the Public Services Coast Plaza by Department by C. J. Segerstrom and Sons, 3315 Fairview Road, Segerstrom and Sons Costa Mesa. A motion was made by Council Member Buffa, seconded by Council Member Erickson, to accept the improvements MOTION and exonerate the. Labor and Material and Performance bonds. The Improvements motion carried by the following roll call vote: Accepted AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Notice of Completion Corporation Yard Perimeter Wall Improvements, Project No. 92-01, All Pro Masonry were completed to the satisfaction of the Public Services Director on June 12, 19929 by All Pro Masonry, a joint venture, 1015 South Corporation Yard Atlantic Drive, Compton. On motion by Council Member Buffa, Wall Improvements, seconded by Council Member Erickson, the work was accepted; the Project No. 92-01 City Clerk was authorized to file a Notice of Completion; 393 MOTION authorization was given to release retention funds 35 days there - Work Accepted after; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exoner- ated 12 months thereafter. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Notice of Completion Construction and Irrigation Installation on the Driving Range and Horticultural Irrigation for Three Holes on the Golf Course were completed to the Industries satisfaction of the Community Services Director on June 26, 1992, by Horticultural Industries, Post Office Box 768, Rosemead. On Construction and motion by Council Member Buffa, seconded by Council Member Irrigation on Driving Erickson, the work was accepted; the City Clerk was authorized to Range; Irrigation for file a Notice of::.. Completion; authorization was given to release Three Holes on Golf retention funds 35 days thereafter; the Labor and Material Bond was Course ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried MOTION by the following roll call vote: Work Accepted AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Final Map for Tract The Final Map was presented for Tract No. 14384, located at 217 - No. 14384/Briggs 16th Place and 210 East 16th Street, four lots, 0.53 -acre, by Briggs Development Development Company, 23046 Avenida De La Carlota, Suite 316, Laguna Hills. On motion by Council Member Buffa, seconded by MOTION Council Member Erickson, and carried 5-0, the map was approved Map Approved pursuant to Section 66436(a)(3)(A) of the Subdivision Map Act; Council did accept on behalf of the City the ingress -egress easement for emergency and security vehicle purposes over Lot 1 and Lot "A" and the three-foot public utility and sidewalk easement as shown on the map; and the City Clerk was authorized to sign said map on behalf of the City. Agreement with City The Public Services Director recommended approval of an of Santa Ana agreement with the City of Santa Ana for intersection improvements at Bear Street and Sunflower Avenue. The estimated cost of Bear/Sunflower Inter- rehabilitation is $60,000.00 and the proportionate share due from the section Improvements City of Santa Ana is 20 percent, or $12,000.00. Costa Mesa's share of the cost has been set aside from Measure "C" funds. On motion MOTION by Council Member Buffa, seconded by Council Member Erickson, Agreement Approved the agreement was approved, and the Mayor and City Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Revised User Fee Item 2 on the Consent Calendar was presented: Set a public hearing Schedule for 1992-93 on August 17, 1992, for the Revised User Fee Schedule for Fiscal Year 1992-1993. The City Manager stated that since there will be MOTION no Study Session in August, the revised fees should be scheduled for Hearing Set for the Study Session of September 14, 1992, and set for public hearing September 21, at the second meeting in September. On motion by Council Member 1992 Humphrey, seconded by Council Member Buffa, and carried 5-0, this item was set for public hearing on September 21, 1992. `!394 �s o 4o CombinedTransporta- Item 5 on the Consent Calendar was presented: Resolution tion Funding requalifying the City of Costa Mesa for Orange County Combined Programs Transportation Funding Programs. The City Manager referred to a recommendation from Vice Mayor Genis, contained in the Agenda Report dated July 31, 1992, to add a paragraph to the resolution referencing the ongoing cooperative study with the County of Orange regarding the Santa Ana River bridge crossings. In addition, Council Member Erickson suggested that the resolution also MOTION reference the East 19th Street study. A motion was made by Resolution 92-75 i Council Member .Humphrey, seconded by Council Member Adopted Erickson, to adopt Resolution 92-75, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING THE STATUS OF THE ! CIRCULATION ELEMENT FOR THE CITY OF COSTA MESA, j with the addition of .the following paragraph to be inserted prior to the paragraph starting with ."NOW, THEREFORE, BE IT RESOLVED": "WHEREAS, the City of Costa Mesa and the County of Orange' have entered into a cooperative agreement to study alternatives to the County's Master Plan of Arterial Highways, as it relates to arterial crossing along the Santa Ana River, south of the I-405 Freeway; ,and East 19th Street from Newport Boulevard to Irvine Avenue;". The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Former Mayor ; Mayor Hornbuckle recognized former Mayor Alvin Pinkley and his Recognized wife, Lucy. PUBLIC HEARING The City Clerk announced that this was the time and place set for Weed Abatement the public hearing 'regarding the abatement of weeds and rubbish, and to receive any protests from property owners who will be assessed for weed abatement. Notice of the public hearing was given as required by law.. No communications were received. The City Manager reported that all weeds have been removed, and where private property owners have failed to remove the weeds after being notified by the City, the work was performed and the charges will become liens against those properties. Vice Mayor Genis was concerned about those property owners who continually ignore the City's request to remove the weeds, and year after year, the City has been performing the work. Council Member Humphrey suggested fining the owners after the first or second year of failing to remove ' the weeds from their properties. The City Manager stated that the City Attorney could look into the possibility of fining repeated offenders and to make sure that the full overhead cost is included. Mayor Hornbuckle requested the City Attorney to investigate the issue of the fines, and present it at a Council Study Session in October or November, 1992. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Genis, seconded Council Member Resolution 92-76 Humphrey, Resolution ' 92-76, A RESOLUTION OF THE CITY Adopted • ! COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVINGAND CONFIRMING THE REPORT OF THE FIRE CHIEF OR HIS, DESIGNEE, SHOWING THE COST OF REMOVING RUBBISH AND WEEDS AND REFUSE OR DIRT ON OR IN FRONT OF EACH SEPARATE PARCEL OF -LAND IN THE CITY OF `COSTA MESA, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None OLD BUSINESS The City Clerk presented Ordinance 92-14 for second reading and Landscape Standards adoption, concerning landscape standards and requirements. On motion by Council Member Erickson, seconded by Council Member MOTION Buffa, Ordinance 92-14, AN ORDINANCE OF THE CITY Ordinance 92-14 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted REGARDING USE OF DROUGHT TOLERANT PLANT MATERIAL AND WATER CONSERVATION MEASURES PERTAINING TO LANDSCAPE STANDARDS AND REQUIREMENTS, was given second reading and adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa Humphrey, Erickson NOES: None ABSENT: None OLD BUSINESS The City Clerk presented the Placentia Avenue Rehabilitation Placentia Avenue Project. The Public Services Director summarized his Agenda Rehabilitation Report dated July 24, 1992, advising that federal funds obtained through the Intermodal Surface Transportation Efficiency Act (ISTEA) can be used to replace damaged curbs and sidewalks on Placentia Avenue between Adams Avenue and Swan Drive, but he doubted whether the funds could be used for removal of the 23 Ficus trees which have caused severe damage to curb, gutter, and sidewalk. He commented on a recommendation from the Parks, Recreation Facilities, and Parkways Commission to relocate the curbs farther away from the sidewalk; however, this would cause many feet of good curb and gutter to be relocated at City expense since the State has determined that the ISTEA funds could not be used. The Director reported that staff has been successful in planting new trees by using "root barriers" which would reduce or eliminate future damage to public improvements. During discussion about replacing the existing Ficus trees, the Public Services Director stated that the tree proposed and shown in the Master Plan of Parkways is the Canary Island Pine. In addition, he reported that the Parks, Recreation Facilities, and Parkways Commission is reviewing a policy for tree replace-ment at a 3 to 1 ratio as opposed to the existing 1 to 1 ratio. The City Manager explained that the Canary Island Pine was selected for this site because of the lack of irrigation availability and soil conditions; however, it was not an indication that the Canary Island Pine is the only tree that can be planted. Vice Mayor Genis recalled that when the Mesa Verde Loop was done, a survey of the residents in the area was taken and approximately 40 percent wanted trees with broad leaves; and approximately 40 percent preferred palm trees. MOTION A motion was made by Council Member Buffa, seconded by Council Authorized Tree Member Humphrey, to replace the .trees and to leave the curb and Replacement, gutter as is because, considering the City's financial position, it Retaining Good Curb would not be appropriate to tear out good curb and gutter; and staff and Gutter, and was directed to investigate alternatives to the Canary Island Pine Investigating Alterna- tree. The City Manager stated that inasmuch as Council has tives to the Canary authorized staff to prepare an updated Master Plan of Medians and Island Pine Tree Parkways, tree replacement could be delayed until the updated plan is submitted to Council and this particular section of the street can be reviewed. He also reminded Council that replacement of the trees would be at the City's expense. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None OLD BUSINESS The City Clerk presented City Attorney Report No. 92-41 and an Agreement with Mesa agreement with Mesa Verde Partners, 405 South Santa Anita Verde Partners for Avenue, Arcadia, for the Costa Mesa Golf and Country Club Golf and Country concession. She also presented the City Attorney's request for Club Concession !closed session pursuant to Government Code Section 54956.8 to discuss the above contract negotiations. The City Attorney reported that the agreement represents the completion of negotiations with Mesa Verde Partners who have agreed to the terms and conditions contained in the document. He reviewed new terms which were added to the agreement since the last meeting at which the negotiations were discussed: 18 -year term .in exchange for the additional sum of $250,000.00 for an employee transition plan; the Capital Improvement Program has been reworked to be heavy on course improvements and light on clubhouse 'improvements, specifically, nine putting greens have been allocated for the first four years, as well as rebuilding 36 tee boxes; and Mesa 'Verde Partners proposed a design for an effluent water irrigation system and agreed that should the lake expansion and other greens be needed, advances will be posted for these improvements. The City Attorney stated that the closed session will only be necessary if Council desires to direct staff on further negotiations. i Scott Henderson, representing Mesa Verde Partners, was present to answer questions from Council. Mayor Hornbuckle stated that Council prefers a 17 -year contract rather than 18 years, and asked 'Mr. Henderson if that would pose a problem. Mr. Henderson responded that 17 years was acceptable. MOTION A motion was made by Council Member Humphrey, seconded by Agreement Approved Council Member Buffa, approving the Golf and Country Club Concession agreement with Mesa Verde Partners for a term of 17 years. with two 5 -year options and inclusion of the employee transition plan, and authorizing the Mayor and City Clerk to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Harry S. Green Lease The City Attorney announced that on July 28, 1992, a request was for Golf Course received from James Green, requesting renewal of the lease with Concession Harry S. Green, Incorporated, regarding the golf course. He recom- mended that since an agreement has been approved with Mesa Verde Partners, Council should give some indication that they are denying Mr. Green's request. Vice Mayor Genis asked if it would be Directed City appropriate to direct staff to inform Mr. Green of tonight's action. Attorney to Notify The City Attorney responded that approval of the agreement with Mr. Green of Mesa Verde Partners implies denial of Mr. Green's request, and a Council's Action direction to staff to notify Mr. Green of Council's action would be acceptable. Mayor Hornbuckle directed the City Attorney to advise Mr. Green of the action taken this evening. NEW BUSINESS The City Clerk presented an amendment to Section 13-253(6) of the Amendments to the Costa Mesa Municipal Code facilitating approval of certain minor Planned Development amend-ments by the Zoning Administrator. Ordinance The Deputy City Manager/Development Services reviewed the Agenda Report dated July 17, 1992, reporting that the Planning Commission recommended that Council initiate amendments to the Municipal Code to transfer some of the approval process for "minor" amendments to Planned Development projects from the Planning Commission. and Council levels to the Zoning Administrator level, for example, the next two items on the Agenda, Planning Actions PA -92-45 and PA -92-51. He stated that the amendments are of such a minor nature that they really were not an effective use of the Commission's and Council's time. MOTION/Staff On motion by Vice Mayor Genis, seconded by Council Member Directed to Provide Erickson, and carried 5-0, staff was directed to propose revisions to Revisions the current Planned Development Ordinance to allow certain types . of minor amendments to be addressed by the Zoning Administrator. NEW BUSINESS The City Clerk presented Planning Action PA -92-45, Craig Combs PA -92-45 Associates, 1535 Monrovia Avenue, Newport Beach, authorized Combs/Lucas agent for Lucas Development Company, 1451 Quail Street, Suite Development 200, Newport Beach, for an amendment to a Planned Development to cover existing open spaces, with a variance from perimeter setback requirements (25 feet required; 5 feet existing; 4 inches proposed), for structures to encroach into the existing setback area, located at 550 Paularino Avenue in a PDR -HD zone. Environmental Determination: Exempt. The Deputy City Manager/Development Services reported that this application is a request from the Park Mesa Apartments to increase the number of enclosed parking spaces, thereby reducing the number of open parking spaces which currently exist. He stated that although the new garages would be within approximately four inches of the property line and City Code requires new construction to be 25 feet away, the applicant could take advantage of the current setback of buildings along the freeway which is approximately 5 feet. As stated in the Agenda Report dated July 20, 1992, the Deputy City Manager reported that the Planning Commission recommended approval of the Development Plan amendment and denial of the variance from setback requirements. Council Member Erickson commented that when he was on the Planning Commission, the Commission indicated its opposition to having enclosed garages at apartment complexes because often the garages are used for storage rather than for parking vehicles. He also mentioned that as a rule, garages in apartment complexes were not to be separated by walls, yet it appears the proposed garages are separated. The Deputy City Manager stated that even though he agreed with Council Member Erickson's observation, the Code does allow separated garages to be constructed at apartment complexes and the Planning Commission felt that 73 garages for a 276 -unit complex would not be a problem. Council Member Erickson felt that garages without wall separations would be more appropriate and wanted to ask the applicant if that would be a problem; however, the applicant was not present. Vice Mayor Genis announced that she would be abstaining from voting on this item because of a personal injury situation regarding the applicant. NEW BUSINESS The City Clerk presented a request to change the tennis Tennis Concession at concessionaire from Michael Rehtorik to Recreational Management TeWinkle Park Services for a five-year period with a five-year renewal option. The City Manager summarized the Agenda Report from the Community Services Department dated July 24, 1992, reporting that 108 Requests for Proposal were mailed, four responses were received, and staff has recommended that Council authorize staff to negotiate a contract with Recreational Management Services as outlined in the proposal. Michael Rehtorik, 2775 Mesa Verde Drive East, Costa Mesa, current operator of the tennis concession, stated that he has operated the concession for the past five years and has done very well financially for the City and himself. He reported on the improvements he has made at the site, and pointed out that the employees are residents of the City, and have been working at the tennis club for many years. Mr. Rehtorik mentioned that 86 letters I have been sent to Council supporting his remaining as concessionaire. i Don Alger, 25771 Saxon Way, El Toro, President of Recreational Management Services, spoke about the improvements at Fountain Valley tennis facility since he has been in charge. He indicated that present employees will be retained and it was his intention to enhance the existing services. Corky Carroll, Tennis Director for Recreational Management Services, stated that he would like to have the opportunity to demonstrate that -this; organization can provide the same or better services than the existing concessionaire. The following people spoke in support of retaining Mike Rehtorik as tennis concessionaire: Cathy Binnquist, 1615 Tustin Avenue, Costa Mesa; Bob Adams, 1856-Paros Circle, Costa Mesa; Sharon Kennedy, 47 Brisa , Ribera, Rancho Santa Margarita, Athletic 1 i MOTION Since the applicant was not available to answer questions, Council Continued to Member Erickson made a motion to continue this item to August 17, August 17, 1992 1992, and directed staff to inform the applicant that his presence is required at the next meeting. The motion was seconded by Council Member Humphrey, and carried 4-0, Vice Mayor Genis abstaining. NEW BUSINESS The City Clerk presented Planning Action PA -92-51, Earl Baird, PA -92-51 1020 West 19th Street, Costa Mesa, authorized agent for Robert L. Baird/Jones Jones, 4521 Campus Drive, Suite 111, Irvine, for a Conditional Use Permit to allow enclosure of an atrium inside an existing residence at 3462 Windsor Court in a PDR -MD zone. Environmental Deter- mination: Exempt., The Deputy City Manager/Development Services reported that this is merely a request to enclose an atrium, and the Planning Commission recommended adoption of a resolution approving the amendment including conditions and findings. MOTION On motion by Council Erickson, seconded by Council Member Resolution 92-77 j Humphrey, Resolution 92-77, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -92-51, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None NEW BUSINESS The City Clerk presented a request to change the tennis Tennis Concession at concessionaire from Michael Rehtorik to Recreational Management TeWinkle Park Services for a five-year period with a five-year renewal option. The City Manager summarized the Agenda Report from the Community Services Department dated July 24, 1992, reporting that 108 Requests for Proposal were mailed, four responses were received, and staff has recommended that Council authorize staff to negotiate a contract with Recreational Management Services as outlined in the proposal. Michael Rehtorik, 2775 Mesa Verde Drive East, Costa Mesa, current operator of the tennis concession, stated that he has operated the concession for the past five years and has done very well financially for the City and himself. He reported on the improvements he has made at the site, and pointed out that the employees are residents of the City, and have been working at the tennis club for many years. Mr. Rehtorik mentioned that 86 letters I have been sent to Council supporting his remaining as concessionaire. i Don Alger, 25771 Saxon Way, El Toro, President of Recreational Management Services, spoke about the improvements at Fountain Valley tennis facility since he has been in charge. He indicated that present employees will be retained and it was his intention to enhance the existing services. Corky Carroll, Tennis Director for Recreational Management Services, stated that he would like to have the opportunity to demonstrate that -this; organization can provide the same or better services than the existing concessionaire. The following people spoke in support of retaining Mike Rehtorik as tennis concessionaire: Cathy Binnquist, 1615 Tustin Avenue, Costa Mesa; Bob Adams, 1856-Paros Circle, Costa Mesa; Sharon Kennedy, 47 Brisa , Ribera, Rancho Santa Margarita, Athletic 1 Director and Tennis Coach for Mater Dei High School; Carol McDonald, 327 Walnut Street, Newport Beach, representing approximately 20 women who play in the Senior Hill and Harbor Tennis League, and also representing approximately 30 women who play tennis at TeWinkle Park; Geraldine Evans, 2838 Drake Avenue, Costa Mesa; Kevin Barnard, 24566 Apollo, Mission Viejo; Arnie Attell, 136 Albert Place, Costa Mesa; Brad Parker, 19391 Pitcairn Lane, Huntington Beach; Marie Keefe, 20772 Crestview Lane, Huntington Beach; Randy Myers, 2717 San Lucas Lane, Costa Mesa; Lance Tanaka, 1914 Marshallfield Lane, Redondo Beach; Karen Fleischer, 914 Lombard Court, Costa Mesa; Art Hasegawa, 1158 Mission Drive, Costa Mesa; Julie August, 748 Wingate Bay, Costa Mesa; Sandy Pinkerton, 852 Sonora Road, Costa Mesa; Arlene Lew, 335 Nassau Road, Costa Mesa; Jackie Trebbler, 177 Shorecliff Road, Corona del Mar, representing eight women who have played tennis at TeWinkle Park for 20 years; Dan Salazar, 371 Woodland Place, Costa Mesa; Ed Rabalais, 885 Magellan Street, Costa Mesa; Tom Lightvoet, 2737 Cardinal Drive, Costa Mesa; Mark' Laurent, 12929 Newport Avenue, Tustin; and Carol Chapman, 1525 Santanella Terrace, Corona del Mar. Richard Guyot, 9600 Talbert Avenue, Fountain Valley, maintenance employee for Recreational Management Services at the Fountain Valley tennis facility, spoke in support of the excellent work being done by Recreational Management Services and felt that Mr. Alger would make very few changes at the TeWinkle Park tennis facility if he were selected as concessionaire. Melinda Alger, Operations Manager for Recreational Management Services, made assurances that very little would be changed at the tennis facility, and mentioned that fees would not be increased. Michael Rehtorik, in summing up his comments, reported that resurfacing the tennis courts was his and the City's joint responsibility, and the City elected not to proceed with resurfacing because of the City's financial problems. Mr. Rehtorik requested a continuance to negotiate further with the City on his proposal which fell short by $3,000.00 per year and to resolve the issue regarding court resurfacing. He mentioned that he was not approached until late today by the Community Services Department asking if he would be willing to negotiate these points, nor was he told about staff s recommendation until last Thursday. Don Alger, Recreational Manager Services, pointed out that some fees in Fountain Valley are lower than those in Costa Mesa, and some are the same. As to income, Mr. Alger reported that when he took over the Fountain Valley tennis facility five years ago, the annual income was between $25,000.00 to $30,000.00; and currently, the facility is doing $119,000.00 a year. He asserted that the increase was due to his organization's knowledge and expertise and the :ability to handle the many groups that use those courts. Bill Bradley, Heritage Drive, Costa Mesa, wanted to know how many tennis courts are at the Fountain Valley facility, and Mr. Alger responded that there are 12. Vice Mayor Genis was disappointed because the City's existing suppliers, concessionaires, etc. seem to be submitting the worst bids, for example, leasing/purchasing police vehicles, the golf course concession, and now the tennis concession. She stated that she would like to negotiate, but was not sure whether that would be fair to people who submitted proposals in good faith. i4D o, � F •D MOTION A motion was made by Council Member Humphrey, seconded by Authorized Further Council Member Erickson, directing staff "to negotiate with Michael Negotiations with Rehtorik to continue for a five-year term with a five-year renewal Rehtorik option, and that they would look to maximizing out on the negotiations that best benefits this community". For the record, Council Member Erickson stated that he spoke with the people from Recreational Management Services by phone and also checked on their background, and found that they are very well qualified. He asked the maker of the motion to add that should there be a problem AMENDED with the negotiations with Mr. Rehtorik, that Recreational MOTION Management Services be considered the alternate choice. Council RMS Selected as Member Humphrey amended his motion "to include RMS (Recrea- Alternate; City tional Management Services) as a fall -back position should Manager Directed to negotiations fail with Michael Rehtorik", and the City Manager was Select Negotiating directed to appoint a negotiating committee. The amended motion Team was seconded by Council Member Erickson. Vice Mayor Genis stated that she would support proceeding with negotiations; however, she would not necessarily support the final contract award were the existing disparity in Mr. Rehtorik's proposal to remain. The amended motion carried 5-0. MOTION A motion was made by Council Member Humphrey, seconded by Existing Contract Council Member Erickson, and carried 5-0, to extend the existing Extended 30 Days contract with Michael Rehtorik for 30 days to allow for negotia- tions. RECESS The Mayor declared a recess. at 9:00 p.m., and the meeting reconvened at 9:10 p.m. CITY ATTORNEY REPORT/Request for Closed Session: Fargo Hotel and Tim Green Lawsuits; and Harry Green Claim The. City Attorney requested a closed session pursuant to Government Code Section 54956.9(a) to discuss three items: Costa Mesa v. Fargo Hotels, Orange County Superior Court Case No. 66- 26-07; Tim Green v. Orville Amburgey, et al., Orange County Superior Court Case'No. 63-93-04; and claim from Harry S. Green, Incorporated. Mayor Hornbuckle announced that closed session would be held following conclusion of regular business. CITY MANAGER The City Manager explained that he requested the two-week REPORT/MOU with continuance for the amended Memorandum of Understanding (MOU) Firefighters with the Firefighters Association because the vote by the member- ship had not been finalized. CITY MANAGER The City Manager presented an agreement with Cynthia Smith, 320 REPORT/Agreement West 19th Street, Santa Ana, for supplemental transcribing and with Cynthia Smith translation services for the Costa Mesa Police Department in an for Translation amount not to exceed $5,500.00. The City Manager reported on the Services data contained in the Police Department's Agenda Report dated July 9, 1992. He explained that present staffing levels in the Police Department are structured to handle day-to-day operations; however, there are many occasions when rapid bilingual transcriptions and/or translations are required especially relating to court cases. Based on this information, the City Manager recommended approval of the agreement.. MOTION On motion by Council Member Humphrey, seconded by Council Agreement Approved Member Buffa, the agreement was approved in an amount not to exceed $5,500.00, and the Mayor and City Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES:. None ABSENT: None Ann Gyben The City Manager commended his assistant, Ann Gyben, for her Commended excellent work on the golf course contract negotiations. COUNCIL Council Member Erickson reported that the Transportation Services COMMENTS Manager met with Orange County staff and representatives from the cities of Newport Beach, Fountain Valley, and Huntington Beach Alternatives to the (regarding the Costa Mesa/County Cooperative Agreement to study County's Master Plan alternatives to the County's Master Plan of Arterial Highways relating to Santa Ana River crossings and East 19th Street). He stated that the study should be completed in January or February, 1993. Joint Use of School Council Member Erickson stated that the City Manager advised him District Sites that the subcommittee working on a joint -use agreement with the Newport -Mesa Unified School District met this past Monday and it appears Council should be voting on a joint -use agreement soon. The City Manager reported that meetings with the District have gone very, very well, and he expected the agreement to be ready for Council review in early September. Mayor Hornbuckle mentioned that she had an opportunity to speak with some members of .the School Board, and they were unanimous in supporting the joint -use concept. City/County Coalition Mayor Hornbuckle stated that the County is proposing formation of Meeting some sort of City/County Coalition -arid asked for City representa- tion. Since she will be out of -town at.tlie time of the coalition's first meeting, she asked Council Member Erickson to attend as Council representative, along with the.. Cry's Transportation .Services Manager. Additional Informa- Vice Mayor Genis noted that on planning actions, names of tion Requested for applicants and agents are provided; however, these people are not Land Use necessarily the landowner, making it difficult for Council to know Applications whether there may be a conflict of interest when voting on these projects. In view of this, she requested that landownerd be identified in Agenda Reports for land use issues. Ninth Annual Mayor Hornbuckle announced that the Costa Mesa Police National Department is hosting the ninth annual National Night Out on Night Out August 4, 1992, between 7:30 p.m. and 9:30 p.m., at the Neighbor- hood Community Center, which is a program focusing on crime prevention. ADJOURNMENT TO At 9:25 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor Conference Room to discuss the items announced earlier by the City Attorney. MEETING The Mayor reconvened the meeting at 10:15 p.m., and the action RECONVENED taken in closed session was announced. City v. Fargo Hotels In the matter of City of Costa Mesa v. Fargo Hotels, Orange County Superior Court Case No. 66-26-07, the following action was taken: MOTION/Accepted By a vote of 5-0, the City Attorney was directed to accept the cash Cash Settlement; settlement offer stated in the Confidential Memorandum dated July Authorized Counter 24, 1992, and to make a counter offer requesting room vouchers for Offer the remaining unpaid transient occupancy taxes. Tim Green v. Orville By a vote of 5-0, Council directed the City Attorney to request Amburgey, et al. 'further information on specifics. of the settlement offer regarding MOTION/Requested ;Orange County Superior Court Case No. 63-93-04, Tim Green v. More Information ;Orville Amburgey, et al. Claim of Harry S. In reference to the claim from Harry S. Green, the following action Green ;was taken: By a vote, of 5-0, the City Attorney was authorized to MOTION/Authorized 'commence civil litigation to secure possession of Costa Mesa Golf Civil Litigation ;and Country Club if Harry S. Green, Incorporated, fails to vacate if Necessary ithe premises at the close of August 31, 1992. ADJOURNMENT The Mayor declared the meeting adjourned at 10:20 p.m. ALM=r Mayor the City of Costa Mesa ;ATTEST: p City Clerk of the City of Costa sa I I