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HomeMy WebLinkAbout09/06/1994 - City Counciln.92 ROLL CALL MINUTES August 15, 1994 ORDINANCES AND RESOLUTIONS ORAL COMMUNI- CATIONS Costa Mesa High School Cheerleaders Harbor/I-405 Problem Area REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 6, 1994 The City Council of the City of Costa Mesa, California, met in regular session September 6, 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 Diana Heath, Orange Coast Unitarian Universalist. Council Members Present: Vice Mayor Jay Humphrey Council Member Mary Hornbuckle (Arrived at 7:15 p.m.) Council Member Peter Buffa Council Member Joe Erickson Council Members Absent: Mayor Sandra Genis Officials Present: City Manager Allan Roeder Assistant City Attorney Jerry Scheer Deputyz City Manager/Development Services Donald Lamm Public, Services Director William Morris Finance Director Susan Temple Personnel Services Director Steven Hayman Administrative Assistant Paula Schaefer Deputy City Clerk Mary Elliott On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 3-0, Council Members Genis and Hornbuckle absent, the minutes of the regular meeting of August 15, 1994, were approved as distributed. A motion was made by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, to read all ordinances and resolutions by title only. Lance Thompson Hailstone, 1102 El Camino Drive, Costa Mesa, reported that the Costa Mesa High School varsity cheerleaders had recently competed in a summer program at the University of Southern California, Los Angeles, and now qualify to compete in the national competition in Orlando, Florida. He stated that they are in the process of attempting to raise $20,000.00 for this trip, and asked for assistance from members of the community for fundraising ideas or contributions. Vice Mayor Humphrey asked Mr. Thomas to provide to the Deputy City Clerk the names of persons to contact at Costa Mesa High School regarding this matter. Robert Graham, 2865 Chios Road, Costa Mesa, asked the status of several items which he had addressed at the City Council meeting of September 7, 1993, specifically the lack of adequate landscaping at the I-405 Freeway/Harbor Boulevard offramp, trash located in this same area, and the lack of sidewalks north of Kaplan's Deli on Harbor Boulevard. The Public Services Director responded that the 1 California Department of Transportation (CALTRANS) is responsible for maintaining this area; however, they are currently designing a project to modify the interchange and have subsequently neglected the area as it will be completely redone in eight to ten months. Vice Mayor Humphrey suggested that CALTRANS be contacted and asked to expedite the project. Trash Problems Nancy Palme, 1997 Kornat Drive, Costa Mesa, representing Mesa Verde Homeowners Association, complained about the number of persons scavenging through trash cans in the Mesa Verde area. She commented that the situation is becoming dangerous due to vehicles stopping in the street by the trash containers and making illegal U- turns. The City Manager commented this issue is being addressed by the Sanitary District and will be discussed at the Board of Directors meeting on September 8, 1994. Mrs. Palme next spoke Gisler Bridge/ about the problems encountered by the Bridge Alternative Study 57 and 73 Freeways Group_ concerning the proposed Gisler Street bridge, and requested assistance with this matter, as well as the proposed extension of the 57 and 73 Freeways. Council Member Buffa offered his assistance to Ms. Palme. Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, commented on. the practice of hiring consultants for extravagant sums to obtain fancier computerization, and suggested coordinating with the City of Newport Beach, who is going through the same process, to combine efforts and split the fee. The City Manager responded that the City of ,Newport Beach had been contacted, and efforts have been made to share consultants and services. Mr. Soffer commented on traffic signal coordination, and the homeless problem. The City Manager stated that the City is taking issue with the homeless problem by meeting with Share Our Selves and other organizations: CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 7, Asbestos Removal and Demolition of Restroom and Recreation Building at Paularino Park; Item 8, Professional Services Agreement with Americlean for Hazardous Waste Management Plan; and Item 9, Professional Services Agreement with Paul Miller for housing rehabilitation consultant services. MOTION/Approved On motion by Council Member Buffa, seconded by Council Member Except Items 7, 8, Erickson, and carried 3-0, the remaining Consent Calendar items and 9 were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Marciana Alvarado; Gordon G. Boyd; Inez Cagle; Darin M. Horgan; Lionel Madden; Prudential Insurance Company of America; Tehnaz Daruwala- Rutledge; Jean B. Sanders; Gilbert Charles Villa; Margaret Wixted; and Application for Leave to Present a Late Claim from Daniel P. Bukaty. Alcoholic Beverage Alcoholic Beverage Licenses for which parking has been approved Licenses by the Planning Staff: Gian and Suveg Singh, doing business as Buck's Liquor, 1089 Baker Street, Unit A; and Rubio's Restau- rants, Inc., doing business as Rubio's Fish Tacos, 1835 Newport Boulevard, Suite D-158. Public .Utilities Notice of Filing of Amendment to Application No. 93-12-029 Commission from Southern California Edison Company regarding its request 94 to adopt a Performance -Based Ratemaking (PBR) mechanism effective January 1, 1995. WARRANTS Warrant Resolution 1579, funding City operating expenses in_ the Approved Warrant amount of $1,437,175.03; and Payroll 9416 for $1,251,761.89, were 1579; Payroll 9416 approved. REJECTED CLAIM A claim from the City of Fountain Valley (for damages and Fountain Valley indemnity) was rejected. - i ADMINISTRATIVE Resolution 94-81, A RESOLUTION OF THE CITY COUNCIL OF ACTIONS/Adopted THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING Resolution 94-81 CERTAIN OFFICIALS OF THE CITY TO FILE APPLICATION Designating Ever- WITH THE CALIFORNIA OFFICE OF EMERGENCY gency Officials SERVICES, was adopted. Awarded Fuel Con- A contract for Gasoline Fuel was awarded to Southern Counties Oil tracts to Southern Company, 1825 West Collins Avenue, Orange; and contracts for Counties Oil and Diesel Fuel and Helicopter Jet -A -Fuel were awarded to General General Petroleum Petroleum, Post Office Box 499, Long Beach, for an aggregate annual amount not to exceed $290,000.00. Awarded Design of Proposals received for the design of eight tot lots and to conduct a Eight Tot Lots to Title 24 and ADA accessibility inventory at the park sites are on file David Evans and in the Community Services Department. The contract was awarded Associates to David Evans and Associates, 1000 East Garvey Avenue South, Suite 250, West Covina, for $18,900.00. Approved Revocation A request from William F. Scott, doing business as Orange County of Orange County Taxi, 1634 Pomona Avenue, Costa Mesa, to revoke his Certificate Taxi Certificate of Public Convenience and Necessity, was approved. Accepted Work by i Street Rehabilitation for Placentia Avenue from Wilson Street to Sully -Miller for Adams Avenue, and Wilson Street from Pacific Avenue to Placentia Street Rehabilitation Avenue, Project No. 92-15, Federal and ISTEA Project Nos. STPL- of Placentia Avenue, j 5312(003) and STPL-5312(006), was completed to the satisfaction Project No. 92-15 of the Public Services Director on January 31, 1994, by Sully -Miller Contracting Company, 1100 East Orangethorpe Avenue, Suite 200, ' Anaheim. The work 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 6 months thereafter. Accepted Work by Street Rehabilitation of Newport Boulevard from Bristol Street to Boral Resources for 19th Street, Project No. 92-18, Federal and ISTEA Project No. Street Rehabilitation STPLN-5312(004), was completed to the satisfaction of the Public of Newport Boule- Services Director on August 20, 1994, by Boral Resources vard, Project No. Incorporated, 1301 East Lexington Avenue, Pomona. The work was 92-18 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 12 months thereafter. Accepted Work by Construction of Concrete Passenger Boarding Pads at City Bus Stop Nobest for Boarding Locations, Project No. 94-10, was completed to the satisfaction of Pads at Bus Stops, the Public Services Director on August 5, 1994, by Nobest Inc., Project No. 94-10 Post Office Box 874, Westminster. The work 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 12 months thereafter. Accepted Work by Rehabilitation of Canary Drive from Oriole Drive to the Southerly R.J. Noble for End, Project No. 94-11, was completed to the satisfaction of the Rehabilitation of Public Services Director on August 5, 1994, by R. J. Noble Canary Drive from Company, 15505 East Lincoln Avenue, Orange. The work was Oriole Drive to the accepted; the Deputy City Clerk was authorized to file a Notice of Southerly End, Completion; authorization was given to release retention funds 35 Project No. 94-11 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Accepted Work by Corporation Yard Building Security System at 2300 Placentia National Electrical Avenue, Project No. 94-12, was completed to the satisfaction of the for Corporation Yard Public Services Director on August 26, 1994, by National Electrical Security System,, Contractors, Inc., 5461 Tampa Avenue, Tarzana. The work was Project No. 94-12 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 12 months thereafter. Accepted Work by Construction Inspection and Surveying Services for the Intermodal Centennial Engineer- Surface Transportation Efficiency Act (ISTEA) Projects Approved ing for Construction for Construction for the 1992-93 Fiscal Year, Project No. C92-01, Inspection and was completed to the satisfaction of the Public Services Director on Surveying Services, August 19, 1994, by Centennial Engineering Incorporated, 17300 Project No. C92-01 Redhill Avenue, Suite 150, Irvine. The work was accepted; and retention monies were released immediately. Accepted Work by Construction Testing Services for the Intermodal Surface Geofon Inc., for Transportation Efficiency Act (ISTEA) Project Approved for Construction Testing Construction for the 1992-93 Fiscal Year, Project No. C92-02, was Services, Project completed to the satisfaction of the Public Services Director on No. C92-02 August 19, 1994, by Geofon Inc., 5552 Cerritos Avenue; Suite B, Cerritos. The work was accepted; and retention monies were released immediately. Adopted Resolution Resolution No. 94-82, A RESOLUTION OF THE CITY COUNCIL 94-82, Approving OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING Promissory Note THE AMENDMENT OF THE COSTA MESA REDEVELOP - No. 36 MENT AGENCY'S PROMISSORY NOTE NO. 36, was adopted. Paularino Park Item 7 on the Consent Calendar was presented: Asbestos Removal Asbestos Removal and Demolition of Restroom and Recreation Building at Paularino and Demolition Park; and Budget Adjustment No. 94-04 for $16,350.00. The City Manager corrected the amount of the Budget Adjustment to $7,000.00. Vice Mayor Humphrey expressed concern regarding the MOTION length of time involved in awarding this project. On motion by Awarded to Mesa Council Member Erickson, seconded by Council Member Buffa, and Pacific Development; carried 3-0, the contract was awarded to Mesa Pacific Development Adjustment 95-04 Company, 151 Kalmus Drive, Suite G-110, Costa Mesa, for Approved $16,350.00; and the adjustment for $7,000.00 was approved. Agreement with Item 8 on the Consent Calendar was presented: A Professional Americlean for Services Agreement with Americlean Environmental Services for Hazardous Waste $12,000.00 to implement a Hazardous Waste Management Plan; and Management Plan Budget Adjustment No. 95-05 for $12,000.00. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed concern over the amount of MW MOTION Agreement Approved; Adjustment Approved Agreement with Paul Miller for Housing Rehabilita- tion Consultant Services MOTION Agreement Approved; Adjustment Approved PUBLIC HEARING AB 939 Review Council Member Arrives MOTION Resolution 94-83 Adopted OLD BUSINESS Metro Point A&R/R&A money spent to hire consultants, and asked what would be obtained for this expenditure. The Public Services Director explained that it is necessary to hire a consultant because the expertise needed to monitor the program is beyond the capability of staff. The City Manager clarified that this program is part of a series of programs which are mandated by the State and Federal government, and it is necessary to utilize consultants due to the cutback in staff. Council Member Buffa added that the consultants would also be imple- menting this program and would accept the liability. On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 3-0, the agreement with Americlean, 4105 East Broadway, Long Beach, was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City; and the adjustment was approved. Item 9 on the Consent Calendar was presented: Professional Services Agreement with Paul Miller, for an amount not to exceed $53,000.00, for housing rehabilitation consultant services on Community Development Block Grant Neighborhood Improvement Programs. Sid Soffer, 900 Arbor Street, Costa Mesa, again questioned the expenditure of funds for consultant services. The Administrative Assistant replied that Mr. Miller had been with the program since its inception in 1991, the rates have never been raised, and he has done an excellent job. On motion by Council Member Erickson, seconded by Council Member Buffa, and carried 3-0, the agreement was approved, and the City Manager was authorized to sign subject to - final approval by the City Attorney. The Deputy City Clerk announced that this was the time and place set for the public hearing to review the City's AB 939 Source Reduction and Recycling Element Fee (SRRE) for fiscal year 1994- 1995. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Public Services Director summarized the Agenda Report dated August 25, 1994. He reported that he understood that the increase in fee would be passed along to the trash hauling customers but the fee would probably drop next , year. Council Member Hornbuckle arrived at 7:15 p.m. Sid Soffer, 900 Arbor Street, Costa Mesa, referred to the Agenda Report which stated that the "City's consultant has saved the business community thousands of dollars in waste disposal costs...", and asked how much the consultant cost the City. There being no other speakers, the Vice Mayor closed the public hearing. On motion by Council Member Hornbuckle, seconded by Council Member Erickson, and carried 3-1, Council Member Buffa voting no, Resolution 94-83, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A FEE PERTAINING TO THE IMPLEMENTATION OF THE CITY OF COSTA MESA SOURCE REDUCTION AND RECYCLING ELEMENT, was adopted. The Deputy City Clerk presented from the meeting of August 15, 1994, second reading and adoption of Ordinance 94-12, approving the first amendment to the Metro Pointe Development Agreement. The Deputy City Manager/Development Services summarized the Agenda Report dated August 25, 1994. . h -97 Dave Ball, Arnel Development Company, 950 South Coast Drive, Costa Mesa, commented that he did not agree with staffs position that a housing credit not be provided but would not contest this point; however, did express the opinion that it was inequitable. MOTION On motion by Council Member Buffa, seconded by Council Member Ordinance 94-12 Hornbuckle, and carried 4-0, Ordinance 94-12, AN ORDINANCE Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE FIRST AMENDMENT ' TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF COSTA MESA AND A & R PARCEL FOUR AND R & A PARCEL FIVE, was given second reading and adopted, approving DA -88-02A for Metro Pointe, approving and including the Metro Pointe Housing Plan as stated in the Agenda Report and amending the revised 1rip generation table to the agreement. OLD BUSINESS The Deputy City Clerk presented an urgency ordinance to approve PERS Contract an amendment to the contract for the Public Employees Retirement Amendment System (PERS). A communication was received from Thomas Lightvoet, Pacific Pension Advisors, Post Office Box 1919, Costa Mesa, opposing the move of the safety employees retirement to the Public Employees Retirement System. The Personnel Services Director reviewed the Agenda Report dated August 29, 1994. He stated for the record that he was in possession of correspondence from the Costa Mesa Firefighters Association confirming their support of this action, and a representative of the Costa Mesa Police Association was in attendance to demonstrate their support. Tom Lightvoet, 2737 Cardinal Drive, Costa Mesa, clarified several items that had been addressed in his correspondence dated September 1, 1994. He stated that his biggest concern regarding the move to PERS is that the $400,000.00 savings over the next two years may not be the case in the long term. John Moorlach, 3169 Madeira Avenue, Costa Mesa, registered his opposition to the change to the PERS system, and asked why other alternatives were not more thoroughly investigated. He stated that his major objection as being the fact that the City is changing from utilizing private industry to a government bureaucracy, and enumerated his concerns. The Personnel Services Director and the Finance Director reiterated the reasons for the proposed change to PERS. Robert Crogan, Senior Police Officer, commented that one of the reasons for joining PERS was to develop and maintain the benefits of that system without any cost to the City. MOTION On motion by Council Member Buffa, seconded by Council Member Ordinance 94-13 Hornbuckle, and carried 4-0, Ordinance No. 94-13, AN URGENCY Adopted ORDINANCE OF THE CITY, COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF COSTA MESA AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, was adopted. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORTS/Request Government Code Sections 54956.9(b)(1), 54956.9(c), and 54957.6, for Closed Session: to discuss the following items: City of Costa Mesa v. Wolff Lang City v. Wolff Lang Christopher, architect for Senior Center; Negotiations with the Costa Christopher; Em- Mesa Employees Association; and consider whether to initiate ployee Negotiations; litigation regarding public nuisance at 779 Shalimar Drive. Vice Shalimar Drive !Mayor Humphrey announced that closed session would be held after completion of regular business. CITY MANAGER'S IThe City Manager presented a resolution establishing the rates of REPORT/Fire Rates j pay for Fire classifications and employees placed under the basic pay of Pay i schedule, and summarized the Agenda Report dated August 22, 1994. The Personnel Services Director responded to questions from Council. MOTION Resolution 94-84 Adopted; MOU Ratified Crime Statistics COUNCIL COMMENTS Youth Athletic Fields Lions Park Problem Police Commendation On motion by Council Member Erickson, seconded by Council Member Buffa, and carried 4-0, Resolution 94-84, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE RATES OF PAY FOR FIRE CLASSIFICATIONS AND EMPLOYEES PLACED UNDER THE BASIC PAY SCHEDULE, was adopted, and the Memorandum of Understanding (MOU) was ratified. The City Manager addressed the recently released crime statistics which showed that crime was down approximately 13 percent, and commented that this did not mean that efforts or techniques should be modified. Council Member Erickson expressed pleasure with the progress made through the Joint Use Agreement with the Newport -Mesa Unified School District on the development of athletic fields. He commented that the youth groups, the parents, and the City working together saved an enormous amount of money. Council Member Buffa referred to complaints received regarding Lions Park and asked for a report by the September 19, 1994, meeting regarding this situation. Council Member Hornbuckle commended the Police Department on the response time and coordination of efforts in recent occurrences in her neighborhood. Construction Noise j Vice Mayor Humphrey reported that there is various construction throughout the City which start quite early in the morning disturbing residents, and he "would like to see us move forward on that". ADJOURNMENT TO At 8:25 p.m., the Vice Mayor adjourned the meeting to a closed CLOSED SESSION session in the first floor Conference Room to discuss the items announced by the City Attorney. MEETING The Vice Mayor reconvened the meeting at 8:50 p.m., and the RECONVENED action taken during closed session was announced. MOTION/Wolff Lang Regarding City of Costa Mesa v. Wolff Lang Christopher, architect Christopher Settle- for Senior Center, by a vote of 4-0, Council authorized settlement ment Authorized as recommended in the City Attorney's confidential memorandum dated August 25, 1994. MOTION/Directions j Regarding negotiations with the Costa Mesa Employees Association, Given Re Employees 1 Council gave directions to the City's negotiating team. MOTION Regarding the question of initiating litigation regarding a public Shalimar Drive nuisance at 779 Shalimar Drive, by a vote of 4-0, Council Litigation Authorized I authorized initiation of litigation as recommended in the Deputy City I Attorney's confidential memorandum dated August 30, 1994, to initiate litigation. 1 ADJOURNMENT The Vice Mayor declared the: meeting adjourned at 8:55 p.m. Mayor of the City of Costa Mesa ATTEST: Deputy City erk of the City of Costa Mesa