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HomeMy WebLinkAbout07/18/1994 - City CouncilY-�V REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 18, 1994 The City Council of the City of Costa Mesa, California, met in regular session July 18, 1994, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and invocation by the Reverend Steve Iseman, First United Methodist Church. 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 Assistant Development Services Director/Planning Perry Valantine Public Services Director William Morris Personnel Services Director Steven Hayman Community Services Director Keith Van Holt Principal Planner R. Michael Robinson Deputy City Clerk Ruth Delaney . MINUTES On motion by Council Member Hornbuckle, seconded by Vice July 5, 1994 Mayor Humphrey, and carried 5-0, the minutes of the regular meeting of July 5, 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- Janice Davidson, 1982 Arnold Avenue, Costa Mesa, stated that her CATIONS neighborhood is being overrun by noisy and/or unlicensed push cart Noisy Push Carts vendors and asked if there were any ordinances regulating the number of push carts that can go through a neighborhood on any given day. The City Manager responded that the City does regulate push carts but there are no limitations on the number of times they go through a certain area. He stated that he would have Code Enforcement follow-up with Ms. Davidson on this issue. Problem Area Robert Graham, 2865 Chios Road, Costa Mesa, congratulated. the in the City City on the successful cattle drive. He also commented on an article in the Los Angeles Times newspaper regarding Newport -Mesa Unified School District examining the bike trail issues in Newport Beach. He showed photographs illustrating a 15 -foot embankment at the end of Canary Drive, and stated that the City is remiss in not providing better bicycle access into Fairview Park. 1 �I Traffic Signal Sid Soffer, 900 Arbor "Street,_ Costa Mesa, complained about the Problem City's problem of regulating the traffic signals at 18th Street and Placentia Avenue, and at 16th Street and Superior Avenue. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 6, Street Improvements and Traffic Signal Modifications at Newport Boulevard and 18th Street; Item 7, Agreement with Willdan Associates for code enforcement services; and Item 8, A resolution giving notice of the intention to approve an amendment to the contract between the Public Employees' Retirement System and the City of Costa Mesa. MOTION/Approved On motion by Vice Mayor Humphrey, seconded by Council Member Except Items 6, Hornbuckle, and carried 5-0, the remaining Consent Calendar items 7, and 8 were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Reno Low; and Cain Rodriguez. Alcoholic Beverage Alcoholic Beverage License for which parking has been approved License by the Planning Staff. Irma A. Tomioka, doing business at 820 West 19th Street. Public Utilities Public Utilities Commission: Commission Notice of Hearing regarding Application No. 93-09-006 from Southern California Gas Company, concerning its request for an overall increase in rates of $134 million. Notice from All Destinations Shuttle, Incorporated, 12981 Haster Street, Unit A, Garden Grove, that it has filed an amended and restated application with the Public Utilities Commission for authority to provide on-call and door-to-door services between certain points in Los Angeles and Orange counties to Los Angeles International, Burbank, Long Beach, and John Wayne airports; Amtrak Station; and Los Angeles and Long Beach harbors. WARRANTS Warrant Resolution 1576, funding City operating expenses in the Approved Warrant amount of $1,214,089.17; and Payroll 9413 for $1,236,755.70, were 1576; Payroll 9413 approved. REJECTED CLAIMS The following claims were rejected: Bailey James, M. Bailey (vehicle damaged by rocks on 55 Freeway). Frederick Gustav Frederick (trip and fall over sidewalk defect). Smith William R. Smith Jr. (pedestrian injured by vehicle at Harbor Boulevard and Fair Drive). , ADMINISTRATIVE Bids received for Installation of Sidewalk, Curbs, Gutters, Cross ACTIONS/Awarded Gutters, Wheelchair Ramps, Driveway Approaches, and Trees at Installation of Curbs, Various Locations Citywide (Phase I), Project No. 94-14, are on file and Gutters, Project in the City Clerk's office. The contract was awarded to Lambaren No. 94-14, to Contractors, Inc., 23200 Olive Avenue, Lake Forest, for Lambaren Contractors $108,195.00. 71 72 Work Accepted for 1 The contract with IPS Services, Inc., Post Office Box 10458, San Golf and Country Bernardino, for the Costa Mesa Golf and Country Club Parking Lot Club Parking Lot Slurry Seal - Project No. 93-09, was canceled. Work performed to Slurry Seal, Project date was completed on July 1, 1994, to the satisfaction of the Public No. 93-09; Contract Services Director. The work was accepted; the Deputy City Clerk Canceled was authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Completion of Street Improvements and Traffic Signal Modifications at Newport Blvd./ 18th St., Project No. 94-02, by Gillespie Construction MOTION Work Accepted Agreement with Willdan Associates for Code Enforcement Services MOTION Agreement Approved Amendment to Contract Between PERS and the City MOTION Adopted Resolution No. 94 -68 - PUBLIC HEARING Appeal of PA -94-17 Morey/Beck Item 6 on the Consent Calendar was presented: Street Improvements and. Traffic Signal Modifications at Newport Boulevard and 18th Street, Project No. 94-02. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the City or State controls those signals. The Public Services Director explained that the State has control over those signals and the City paid for the modifications from State funds. On motion by Vice Mayor Humphrey, seconded by Council Member Erickson, and carried 5-0, the work by Gillespie Construction, Inc., 245 Fischer Avenue, Suite B-3, Costa Mesa, was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds .35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 112 months thereafter. Item 7 on the Consent Calendar was presented: An agreement with Willdan Associates, Post Office Box 3450, Los Angeles, in an amount not to exceed $85,000.00, for code enforcement services. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the City will no longer provide code enforcement services. The City Manager clarified that this program is strictly a housing code enforcement program targeted for certain areas on the westside to upgrade housing conditions, and is separate from the City's regular code enforcement program. On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, the agree- ment was approved; and the City Manager was authorized to execute a contract subject to final approval by the City Attorney's office. Item 8 on the Consent Calendar was presented: A resolution giving notice of the intention to approve an amendment to the contract between the Public Employees' Retirement System (PERS) and the City of Costa Mesa. John Moorlach, 3169 Madeira Avenue, Costa Mesa, stated he would like more analysis on the City's current plan funding versus PERS funding. The Personnel Services Director responded that tonight's action is merely a mechanism to begin the process of finalizing the interests of the employees as well as the City. He also commented that Mr. Moorlach's concerns will be addressed in the report when this item is brought back to Council in August. On motion by Council Member Hornbuckle, seconded by Vice Mayor Humphrey, and carried 5-0, Resolution No. 94-68, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, GIVING NOTICE OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF COSTA MESA, was adopted. The Deputy City Clerk announced the public hearing, continued from the meeting of July 5, 1994, to consider an appeal of the Planning Commission's denial of Planning Action PA -94-17 from Keith B. Morey, Oceanview Financial, authorized agent for Bill fl 1 Beck, Grace Fellowship Church, for conditional use permits to allow a mortgage brokerage use in a 3,200 -square -foot portion of an industrial building, and to deviate from shared parking requirements, located at 3170-A Red Hill Avenue in an MP zone. Environmental Determination: Exempt. The Assistant Development Services Director/Planning Manager reviewed the Agenda Report dated July 11, 1994. Bill Beck, 419 Broadway, Costa Mesa, representing the owner of the building and the Church, pointed out that this home mortgage business currently has two staff people, sometimes three, but the sales people are generally in the field initiating loans, and Oceanview Financial is actually a processing center. He explained that the project is an administrative office use as opposed to a retail commercial use; therefore, no retail traffic will be coming onto the site. He also mentioned that he advertised this office space for five months, and Oceanview Financial was the only one who responded. Don Gregg, 2311 Santa Ana Avenue, Costa Mesa, representing Grace Fellowship Church through Curtis and Associates pointed out that the vacancy factors were in excess of 20 percent in 1992-93 in both office and industrial uses. He also stated that Oceanview Financial is coming from Newport Beach, not from an existing office space in Costa Mesa. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if MP zone meant manufacturing or industrial. The Assistant Development Services Director/Planning Manager stated that industrial park is the name of the zoning classification and that site could be used for manufacturing. Mr. Soffer also commented that it is time for the City to take a look at all the zoning to see if there is more demand for industrial than the City would like to have. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Erickson, seconded by Council Resolution 94-69 Member Buffa, and carried 5-0, Resolution 94-69, A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -94-17, was adopted subject to conditions contained in the Agenda Report dated July 11, 1994, with the addition of Condition No. 5 that the use is only compatible in conjunction with the church, and the Conditional Use Permit will become null and void if the use is ever separated from the church; and based on the finding that the use will not be detrimental to the neighboring properties or the City. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued GP -94-02B, Open from the meeting of July 5, 1994, to consider General Plan Space Sub -Element Amendment GP -94-02B, City of Costa Mesa, to amend the Open of the General Plan Space Sub -element of the Environmental Resources/Management Element of the 1990 General Plan to incorporate recommendations of the Parks, Recreation and Open Space Master Plan Study. Environmental Determination: Negative Declaration. The Assistant Development Services Director/Planning Manager summarized the Agenda Report dated July 8, 1994, and noted that the primary changes to the General Plan Amendment are to increase the park dedication standard from 3 to 4.26 acres of neighborhood and community park land per 1,000 population, to include the concept of joint use facilities with public schools as meeting part of that park land standard; to make some technical amendments to the t3� • 3 74: inventory of park sites in the City; and to amend the land use designation for the City -owned property at the corner of Charle and Hamilton Streets to accommodate the park site at that location. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Buffa, seconded by Council Resolution 94-70 Member Erickson, and carried 5-0, to adopt Resolution 94-70, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -94-02B, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, including the Mayor's suggestion to amend Table 11 on page 8 of the Agenda Report to include Fairview and Talbert Regional Park sites in the "Visual and Psychological Relief" column. I PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Amendment to Public set for the public hearing to consider a resolution amending the Noticing Procedures public noticing procedures for development agreements. The for Development Affidavit of Publication is on file in the City Clerk's office. No Agreements communications were received. The Assistant Development Services Director/Planning Manager reviewed the Agenda Report dated July 11, 1994, which explains that the amendment would provide for mailing public notices to affected property owners and publishing in the newspaper prior to the Planning Commission meeting; however, the procedure of mailing public notices prior to the Council meeting would be deleted and only a publication in the newspaper would be done. The Assistant Development Services Director/Planning Manager and the Principal Planner answered questions from Council regarding public noticing for development agreements. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that he would like to see the additional mailing sent to residents. He also felt that 10 days is not enough time for mailing notices. The Assistant Development Services Director/Planning Manager clarified that Planning Commission notices are mailed 14 days prior to the meeting. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Humphrey, seconded by Mayor Genis, Request and carried 5-0, the request to amend the public noticing procedures Denied for development agreements was denied. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Weed Abatement set for the public hearing to consider a resolution approving and Program confirming the report of the Fire Chief or his designee, showing the cost of the Weed Abatement Program. The notice of public hearing was posted as' required by law. No communications were received. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Buffa, seconded by Council Member Resolution 94-71 Erickson, and carried 5-0, Resolution 94-71, A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND CONFIRMING THE REPORT j 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. T NEW BUSINESS The Deputy City Clerk presented a request concerning Fairview Park reappointments, resignations, and appointment of new members to Committee Fairview Park Committee. The Community Services Director Appointments summarized the Agenda Report dated June 7, 1994. MOTION A motion was made by Council Member Buffa, seconded by Council Committee Members Member Hornbuckle, and carried 5-0, to reduce the number of Reappointed committee members to seven, and to reappoint the following incumbents: Gilbert Collins, Linda Feffer, Judith Gielow, Richard Mehren, Steve Velasco, Lisa Webber, and Pam Wright. NEW BUSINESS The Deputy City Clerk presented a request for waiver of fees from Waiver of Fees/ United States Youth Athletic Network for use of TeWinkle Park to United States Youth conduct a series of youth sports programs for children in grades 4 Athletic Network through 12. The Community Services Director reported that the Parks, Recreation Facilities & Parkways Commission recommended approval of the waiver of fees. MOTION A motion was made by Council Member Hornbuckle, seconded by Approved Waiver Council Member Buffa, approving waiver of fees for a period of six of Fees for months after the program begins, subject to conditions regarding Six Months insurance and indemnification, and directing that the item be reviewed by the Parks, Recreation Facilities & Parkways Commission after six months. AMENDED After further discussion, Council Member Hornbuckle amended the MOTION motion as follows: the fee shall be waived for the first period of Fee Waived from time, October, 1994 through May, 1995, subject to conditions Oct, 1994 through relating to insurance and indemnification; after which time the May, 1995 Parks, Recreation Facilities & Parkways Commission shall review the request and report back to Council within 60 days. The amended motion was seconded by Council Member Buffa, and carried 5-0. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Section 54957.6 to discuss negotiations with the for Closed Session: Costa Mesa Firefighters and Costa Mesa Employees associations. Employee Mayor Genis announced that closed session would be held after Negotiations completion of regular business. CITY MANAGER'S The City Manager reported that the Costa Mesa Police Department REPORT is doing everything possible to coordinate with authorities in Huber Investigation Phoenix, Arizona in regard to the Denise Huber investigation. COUNCIL Mayor Genis congratulated the Fair Board, Becky Bailey -Findley, COMMENTS Jill Lloyd, and Sam the trail boss, on the success of the cattle Cattle Drive drive. ADJOURNMENT TO At 7:50 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the fifth floor Conference Room to discuss the item announced by the City Attorney. MEETING The Mayor reconvened the meeting at 9:05 p.m., and the action RECONVENED taken during closed session was announced. MOTION By a vote of 5-0, Council gave direction to the City Manager and Gave Direction on the Personnel Services Director concerning negotiations with. the Employee Costa Mesa Firefighters and Costa Mesa Employees Negotiations associations. ADJOURNMENT ! The Mayor declared the meeting adjourned at 9:10 p.m. i Mayor of the City of Costa Mesa i ATTEST: ti !Deputy City C rk of the City of Costa Mesa i i