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HomeMy WebLinkAbout08/15/1994 - City Councilm REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 15, 1994 The City Council of the City of Costa Mesa, California, met in regular session August 15, 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 Tim McCalmont, Presbyterian Church of the Covenant of Costa Mesa. 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 I i Officials Present: Acting City Manager/Finance Director Susan Temple City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm f Public Services Director William Morris Communications Director Vincent Whelan Personnel Services Director Steven Hayman Personnel Manager Howard Perkins Senior Planner Alice Angus Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Buffa, seconded by Council Member August 1, 1994 Erickson, and carried 5-0, the minutes of the regular meeting of August 1, 1994, were approved. ORDINANCES AND A motion was made by Council Member Buffa, seconded by Vice RESOLUTIONS Mayor Humphrey, and carried 5-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- CATIONS Santa Ana River Bridges Harbor Boulevard Traffic Signals Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, Chairman of the Costa Mesa Bridge Alternative Study Committee, supported the Orange County Board of Supervisor's in their efforts to define alternatives in order to delete the bridges across the Santa Ana River. He reported that the four cities involved (Costa Mesa, Newport Beach, Huntington Beach, and Fountain Valley) must arrive at a consensus of opinion, and are currently at an impasse. Mayor Genis stated that several mayors and council members from other cities will meet on Thursday, August 18, 1994, to discuss this matter. Sid Soffer, 900 Arbor Street, Costa Mesa, commented on the Harbor Boulevard traffic signals, stating that recently he had encountered a green signal at, every intersection from Newport Boulevard to Baker .Street going in both directions. He indicated that the City's Transportation Department advised that cross traffic at Harbor Boulevard is on a demand basis which would affect this 1-1 1 condition. Mr. Soffer suggested synchronizing the last three northbound signals on Newport Boulevard. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR 5, 1994 Street Maintenance, Project No. 94-15. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Approved Except Erickson, and carried 5-0, the remaining Consent Calendar items Item 5 were approved as recommended. WRITTEN COMMU- Resolution 94-75, A RESOLUTION OF THE CITY COUNCIL OF NICATIONS/Adopted THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING Resolution 94-75, RECORDS DESTRUCTION FOR THE TRANSPORTATION Authorizing Records DIVISION, PUBLIC SERVICES DEPARTMENT, OF THE Destruction CITY OF COSTA MESA PURSUANT TO ORDINANCE NO. 75-60, was adopted. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Bruce T. Bauer; Willie James Long, Jr.; Mercury Insurance Company; and Michael W. Murray. Alcoholic Beverage Alcoholic Beverage License for which parking has been approved License by the Planning Staff: Elizabeth H. Gonzales, doing business at 810-12 West 19th Street; Newport Liquor Imports, Inc., doing business at 1599 Superior Avenue, No. A-4; and Residence Inn by Marriott, Inc., doing business at 881 Baker Street. SET FOR PUBLIC The following item was set for public hearing on September 6, HEARING/AB 939 1994, at 6:30 p.m., in the Council Chambers of City Hall: Hearing Set for September 6, 1994 AB 939 Source Reduction and Recycling Element Fee. WARRANTS Warrant Resolution 1578, funding City operating expenses in the Approved. Warrant amount of $588,256.39; and Payroll 9415 for $1,292,831.44, were 1578; Payroll 9415 approved. ADMINISTRATIVE Resolution No. 94-76, A RESOLUTION OF THE CITY COUNCIL ACTIONS/Adopted OF THE CITY OF COSTA MESA, CALIFORNIA, SETTING Resolution 94-76, THE TAX RATE PER CENTUM AND LEVYING A TAX Setting a Rate for UPON ALL PROPERTY WITHIN THE CITY OF COSTA the 1974 Open Space MESA WHICH IS TAXABLE TO MEET THE CITY'S Bond Issue OBLIGATION UNDER THE 1974 OPEN SPACE BOND ISSUE FOR FISCAL YEAR 1994-95, was adopted. 1994 Street Mainte- Item 5 on the Consent Calendar was presented: 1994 Street nance, Project 94-15 Maintenance, Project No. 94-15. Council Member Buffa stated that he would abstain from voting on this item due to a conflict of MOTION interest. On motion by Vice Mayor Humphrey, seconded by Awarded to Council Member Erickson, and carried 4-0, Council Member Buffa R.J. Noble abstaining, the contract was awarded to R. J. Noble Company, 15505 East Lincoln Avenue, Orange, for $1,012,368.05. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Metro Pointe, set for the public hearing to consider a request from David Ball, A & R/R & A authorized agent for A & R/R & A, for property located in the 900 block (south side) of South Coast Drive in a PDC zone: Planning Action PA -94-41, a Preliminary Development Plan for 196,700 square feet of existing offices and 395,600 square feet of new commercial development consisting of retail, restaurant, and theater. Tentative Parcel Map S-94-143, for A & R Parcel Four and R & A Parcel Five, to subdivide 28 acres into 13 parcels for commercial purposes. Development Agreement Amendment DA -88-02A for Metro Pointe, to reduce the development intensity while expanding the project area. (City Attorney's Report No. 94-57C). The Affidavits of Publishing and Mailing are on file in the City Clerk's office. A communication was received from Rutan & Tucker, attorneys for the applicant, 611 Anton Boulevard, Costa Mesa, requesting that a sentence be added to Section 2 of the ordinance regarding _the Development Agreement Amendment. The Deputy City Manager/Development Services summarized the Agenda Report dated August 4, 1994, and reviewed the project as illustrated in an overhead transparency. The Senior Planner explained that the revisions to Condition of Approval Nos. 8 and 17 for PA -94-41, proposed by Rutan & Tucker, are addressed by staff 'in the Agenda Report on Pages 3A through 3D. Mayor Genis commented that she felt the report from staff regarding traffic count should be incorporated into approval of the documentation. Richard Huelsman; MCG Architects, 1640 South Sepulveda Boulevard, Los Angeles, reported that Metro Pointe was designed to be a pedestrian -friendly environment with site access for pedestrian traffic from Bear Street and South Coast Drive via a portal entrance. He described the protected shopping area that incorporates covered arcades which allows for protected passage from one retail shop to another. Mr. Huelsman showed elevations of the project. Leonard Hampel, Rutan & Tucker, reported that in the beginning of 19919 it became evident that the economic situation did not warrant the magnitude of development as defined by the Metro Pointe Development Agreement; however, he pointed out that Arnel Development Company has consistently lived up to the letter, as well as the spirit, of the Development Agreement. He felt that the proposed amendment should be agreeable to the City because of the tremendous reduction in density and the addition of six acres, and reported that the development will now cover the entire 28.45 -acre site. Mr. Hampel stated that the project would be reduced from the previously approved 1.16 Floor Area Ratio (FAR) to .48 FAR, and listed other benefits which included an estimated $1.4 million in additional sales tax generated for the City. He stated that the specific architecture for the project will be presented along with the final development plan. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, Chairman of the Costa Mesa Homeowners Associations, commented that representa- tives of Arnel Development Company had attended the Homeowners July meeting, making a presentation on this project. He stated that it appears the homeowners associations support the project but noted a few concerns: the loading and unloading of vans/vehicles bringing supplies into the development; and enhancement of the parking lot. The Senior Planner explained that when the final development plan is being reviewed, various. aspects such as loading and unloading 1 areas, hours of operations, and parking lot enhancement will be examined. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Buffa, seconded by Vice Mayor Adopted Resolution Humphrey, and carried 5-0, the Negative Declaration, incorporating 94-77 Approving the Metro Pointe Trip Generation Table presented in the Agenda PA -94-41 Report dated August 15, 1994, was adopted; Resolution 94-77, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -94-41, was adopted, subject to the Conditions of Approval, including modification of two conditions: Condition No. 8 was changed to read: "In order to comply with City parking requirements, seating for weekday matinees, based on the Preliminary Development Plan, shall be limited to 1,685. This maximum matinee seating figure shall be adjusted as necessary based on the Final Development Plan." Condition No. 17 was changed to read: "At the time of permit issuance, submit required deposit in the amount determined by City Engineer, to guarantee construction of off-site street improvements. Deposit may be in the form of cash, bond, letter of credit, or other form of improvement security permitted by applicable law. " MOTION - On motion by Council Member Buffa, seconded by Council Member Adopted Resolution Erickson, and carried 5-0, Resolution 94-78, A RESOLUTION OF 94-78 Approving THE CITY COUNCIL OF THE CITY OF COSTA MESA, S-94-143 CALIFORNIA, APPROVING TENTATIVE PARCEL MAP S-94-143, was adopted, subject to the Conditions of Approval. MOTION On motion by Council Member Buffa, seconded by Vice Mayor Ordinance 94-12 Humphrey, and carried 5-0, Ordinance 94-12, AN ORDINANCE Given First Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Approving DA -88- CALIFORNIA, APPROVING THE. -FIRST AMENDMENT TO 02A THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF COSTA MESA AND A & R PARCEL FOUR AND R & A PARCEL FIVE, was given first reading and passed to second reading with the following modifications: Development Agreement Amendment DA -88-02A: Paragraph 15, Item 10, Page 52, was changed to reflect that a resolution will adopt the Preliminary Development Plan rather than an ordinance; Item 11 was modified to read, "Preliminary Development Plan (Phases 2 and 3)."; and Exhibit D, Item lc, Page 53, the theater size was changed from 3,000 to 2,500 seats. Ordinance 94-12: The following paragraph was inserted as the first sentence of Section 2 (with the current sentence becoming the second sentence: "The Mitigated Negative Declaration has been independently reviewed and analyzed by the City, and the City Council finds that the Mitigated Negative Declaration reflects the independent judgement of the City." Mayor Genis commented that she felt the Development Agreement would benefit the City. Council Member Hornbuckle complimented the representatives of the Arnel Development Company on the changes being made to the agreement .and the project. In response to an inquiry from the Mayor, the City Attorney stated that housing PUBLIC HEARING Cable Television Rates credits had been discussed with Mr. Hampel of Rutan & Tucker, and reported that they were of the view that it had no value, and the applicant would not insist that the City pay any money for excess housing units. Council Member Hornbuckle suggested that this issue be addressed when the ordinance comes back for second reading. The Deputy City Clerk announced that this was the time and place set for the public hearing to consider a resolution establishing maximum initial permitted cable rates. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Communications Director summarized the Agenda Report dated July 29, 1994. Jeff Davis, representating the Communications Division, Copley/ Colony Cablevision, concurred with the August 8, 1994, corres- pondence from Scott F. Field, Law Offices of Burke, Williams & Sorensen, and Diehl, Evans & Company, consultants, regarding the figures involved and the recommendations. The Communications Director explained that approximately two years ago, the County of Orange imposed a possessory tax on cable television providers and Copley/Colony did not pass this along to subscribers until recently, which slightly offsets the anticipated refund. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Council Resolution 94-79 ; Member Erickson, and carried 5-0, Resolution 94-79, A Adopted j RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING MAXIMUM CABLE TELEVISION RATES AND ORDERING A REFUND FOR EXCESSIVE RATES_ BY COPLEY/COLONY CABLE - VISION OF COSTA MESA, INC., was adopted. OLD BUSINESS i The Deputy City Clerk presented a recommendation regarding MIS Consultant consulting- services for Management Information Systems (MIS). Services The Acting City Manager summarized the Agenda Report dated August 8, 1994. Sid Soffer, 900 Arbor Street, Costa Mesa, opposed spending funds in this manner because the system will be obsolete by the time it is developed; and there are alternative ways to obtain this information without such a large expenditure. He made various suggestions on alternative ways to achieve the same end product. Mayor Genis responded that the Intercity Liaison Committee reported that some other cities used The Warner Group, who are considerably more expensive, and Newport Beach used their own staff resources. She stated that it will eventually be more expensive if the City fails to update the computer system at this time. Council Member Hornbuckle commented that information from the California League of Cities had been utilized to focus on the best approach to the MIS j update. MOTION On motion by Council Member Hornbuckle, seconded by Vice Authorized Contract Mayor Humphrey, and carried 5-0, the Communications Director with AEF Systems was authorized to execute the contract with AEF Systems Consulting, Inc., 4400 MacArthur Boulevard, Suite 610, Newport Beach, for development of a MIS Master Plan, including preparation of a competitive Request for Proposal(s) with Performance Specifications, in an amount not to exceed $150,000.00. 1 �1 4.r V 9 NEW BUSINESS The Deputy City Clerk presented Council Policy No. 100-6, Council Policy 100-6, establishing guidelines and procedures for contracting City services. Contracting City The Acting City Manager reviewed the Agenda Report dated August Services 4, 1994. MOTION On motion by Council Member Erickson, seconded by Council Policy Approved Member Hornbuckle, and carried 5-0, the policy. was approved, including changes contained in the memorandum from the Acting City Manager dated August 15, 1994. NEW BUSINESS The Deputy City Clerk presented the Public Employees Retirement PERS Contract System (PERS) Contract Amendment: Urgency ordinance amending Amendment the contract between the City and the PERS Board of Adminis- tration, to be adopted September 6, 1994, and a resolution providing for the inclusion of normal member contributions paid by the employer on behalf of the members. Communications were received opposing the move.of safety employees from the existing retirement plan to PERS from Thomas J. Lightvoet, Pacific Pension Advisors, Post Office Box 1919, Costa Mesa; and Robert A. Oman, 1178 Kingston Street, Costa Mesa. The Personnel Director reviewed the Agenda Report dated August 8, 1994, and provided visual illustrations. Council Member Erickson noted for the record that he had a conversation with the advisor to the Costa Mesa Plan, and asked questions of staff regarding the reporting period and the risk involved in stock purchases by the City. Robert A. Oman, 1.178 Kingston Street, Costa Mesa, member of the Board of Directors of the Orange County Employees Retirement System, expressed his concern regarding disability retirement for safety officers, suggesting that they remain in the City plan because of the ultimate control the City could exercise. He explained the procedures involved in determining the validity of a disability retirement. Bob Crogan, Senior Police Officer and President of the Costa Mesa Police Officers Association, introduced Jeff Bratzler, who resides in Alameda, a consultant with Benefits Communication Network, an organization that deals with over 11,000 public employees throughout the state regarding retirement, disability, and death benefits. Mr. Bratzler presented a brief background of the types of cases involved in his work and outlined the benefits of the PERS system. He reported that pension benefits would increase while the cost to the City would decrease, and he emphasized that total control does remain with the City under the PERS system. Thomas J. Lightvoet, 2737 Cardinal Drive, Costa Mesa, clarified that he acts as a consultant to the existing Safety Employees Retirement Plan; however, he spoke as a resident of the City . expressing concern over the long term ramifications of a move to PERS. Council Member Hornbuckle asked the Personnel Director to prepare an outline for the September 6, 1994, meeting describing the method of review the City would use in determining disability retirement claims. MOTION On motion by Council Member Buffa, seconded by Council Member Resolution 94-80 Erickson, and carried 5-0, the Mayor and Deputy City Clerk were Adopted authorized to sign the required documents, and Resolution 94-80, A NEW BUSINESS "Open Line Costa Mesa" MOTION Proposal Approved CITY ATTORNEY'S REPORTS/Request for Closed Session: Request for Defense Re Jensen v. City; Employee Negotia- tions RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO APPROVE AN AMEND- MENT TO THE CONTRACT BETWEEN THE CITY OF COSTA MESA AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, was adopted. The Deputy City Clerk presented a proposed cable network talk show, "Open Line Costa Mesa." The Personnel Manager summarized the Agenda Report dated August 2, 1994. Bob Bradley, 2030 Goldeneye Place, Costa Mesa, Chairperson of the Human Relations Committee, reported that the committee has decided to provide a broader base of communications with the community which includes a variety of subject material and more access. He stated that the television program will be run on the cable access channel, produced by Copley/Colony, and staffed by volunteers. He commented that there could be several sections, such as a feature section, interview section, and a panel, plus telephone calls. Carl Bureman, 447 Princeton Drive, Costa Mesa, member of the Cable Television Committee, offered the assistance of the committee in this endeavor. On motion by Vice Mayor Humphrey, seconded by Council Member Hornbuckle, and carried 5-0, the proposal was approved and support was affirmed. Mayor Genis assured Council that during committee discussions, it was clarified that their intention was to present a balanced discussion of all issues. The City Attorney requested a closed session pursuant to Government Code Sections 54956.9(b)(1) and 54957.6 to discuss the following items: Request for defense for the City Manager and Public Services Director relating to Jerry Jensen v. City of Costa Mesa, et al., Orange County Superior Court Case No. 73 29 65; and negotiations with the Costa Mesa Firefighters and Costa Mesa Employees associations. Mayor Genis announced that closed session would be held after completion of regular business. COUNCIL j Council Member Erickson announced that Save Our Youth (SOY) COMMENTS Center summer hours are 3:00 p.m. to 9:00 p.m. weekdays, and SOY Center thanked Orange Coast College for their sponsorship of a sailing event, and Girls, Inc., for the programs they provide at SOY. Chamber Micro- Council Member Buffa suggested that the microphones in the phones Council Chambers be checked, especially the ones at the podiums. September 6, 1994, Mayor Genis reminded viewers that the next Council meeting would Meeting be Tuesday, September 6, 1994, due to Labor Day falling on the previous Monday. ADJOURNMENT TO CLOSED SESSION MEETING RECONVENED At 8:35 p.m., the Mayor adjourned the meeting to a closed session in the first floor Conference Room to discuss the items announced by the City Attorney. The Mayor reconvened the meeting at 9:10 p.m., and the action taken during closed session was announced. I- I 1 MOTION/ Request Regarding the request for defense for the City Manager and Public for Defense Granted Services Director relating to Jerry. Jensen v. City of Costa Mesa, et Re Jensen v. City al., Orange County .Superior Court Case No. 73 29 65, by a vote of 5-0, Council granted the request and waived possible confict of interest during the preliminary phase of the case. ADJOURNMENT Regarding -the negotiations with the Costa Mesa Firefighters and Costa Mesa Employees associations, directions were given to the negotiation team. The Mayor declared the meeting adjourned at 9:20 p.m. _'46 .�� Mayor of the City of Costa Mesa ATTEST: Deputy City lerk of the City of Costa Mesa