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HomeMy WebLinkAbout01/16/1995 - City CouncilWE REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 16, 1995 The City Council of the City of Costa Mesa, California, met in regular session January 16, 1995, 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 Council Member Genis. ROLL CALL Council Members Present: Mayor Joe. Erickson I Mayor Pro Tem• Peter Eiff_fa., Council Mer-aber Mary H&r ibiic'lde Council Member Sandra Ger s,,. Council Member -G4r_y No a.1fan' Council Members Absent: None Officials Present: City Manager A llan. Roeder City Attorney-.Thcrnas .K4ti:ey.. Assistant Development. services Director/Planning Perry Valantine Public Services Director William Morris Building Official Tony C'de Baca Redevelopment Project Manager Muriel Berman Personnel Services Director Steven Hayman Deputy City .Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council Member January 3, 1995 Genis, and carried 5-0, the minutes of the regular meeting of January 3, 1995, were approved. ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by Council RESOLUTIONS ! Member Hornbuckle, and carried 5-0, to read all ordinances and resolutions by title only. ANNOUNCEMENT Mayor Erickson announced that Consent Calendar Agenda Reports were available in the black binders located in the vestibule of the Council Chambers. ORAL COMMUNI- Dorothy Adams, 220 Amherst Road, Costa Mesa, addressed the CATIONS vagrancy problems in the City, stating that vagrants continue to Vagrant Problems cause her considerable distress at her rental property. Mayor Erickson informed Ms. Adams that on Wednesday, January 25, 1995, at 7:00 p.m. in the fifth floor Conference Room, the Human Relations Committee will be discussing a proposed meeting on this subject which is tentatively scheduled for February, 1995. South Coast Plaza Will King, 7722 Terry Drive, Huntington Beach, complained about Security Personnel the security personnel at South Coast Plaza who had harassed him. Mayor Erickson suggested that Mr. King contact the General Manager of South Coast Plaza regarding this problem. Emergency Prepared- Charles Patterson, 2191 Harbor Boulevard, No. 26, Costa Mesa, an ness employee of Fairview Developmental Center, commented that a couple of years ago at a meeting on emergency preparedness, he received a pamphlet prepared by the City. He expressed his appreciation for this material, stating that it has assisted his family in preparing for an earthquake and other disasters. Mr. Patterson Harbor Boulevard asked if it would be possible to install bike lanes on Harbor Bike Lanes Boulevard from Harbor Center towards Newport Boulevard. Mayor Erickson responded that the Master Plan of Bikeways had recently been reviewed, and suggested that Mr. Patterson confer with the Public Services Director. Building Permit Sid Soffer, 900 Arbor Street, Costa Mesa, stated that it was his Process understanding that the City's Building Department was attempting to expedite the Building permit process; however, an acquaintance who is currently applying for a permit has found this not to be the case. The City Manager responded that he was aware of this situation, which involves the American With Disabilities Act (ADA) require- ments and a determination on access, and is attempting to bring it to a speedy resolution. Mayor Erickson informed Mr. Soffer that the Development Services Department has produced the "Business Assistance Guide" outlining the steps involved in opening or expanding a business. He stated that it may be obtained from the Planning Division on the second floor of City Hall, or from the Costa Mesa Chamber of Commerce, 1835 Newport Boulevard. Smith Litigation William R. Smith, Jr., 113 Georgetown Lane, Costa Mesa, addressed the potential litigation discussed in closed session at the January 3, 1995, Council meeting. Mayor Erickson informed Mr. Smith that Council had determined not to take action in this matter, and suggested that he leave his telephone number with the Deputy City Clerk and indicate with whom he wished to discuss this problem. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR 5, Agreement with Mike Linares to provide consulting services for the Community Development Block Grant/Home Project. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Approved Except Tem Buffa, and carried 5-0, the remaining Consent Calendar items Item 5 were approved as recommended. READING FOLDER The following Reading Folder items were received and processed. Claims Claims received by the Deputy City Clerk: Timothy D. Brown; Debra Lee Good; Russell A. Roberts; and Rhonda Smith. Alcoholic Beverage Alcoholic Beverage Licenses for which parking has been approved Licenses by the Planning staff: Mi Ye and Won Ho Yim, doing business as Mesa Village Liquor, 1011 El Camino Drive; Roger Vega, doing business as Majahual 5.0, 745 West 19th Street; and Sfuzzi, Inc., doing business at 1870 Harbor Boulevard, Unit 200. WARRANTS Warrant Resolution 1589 funding City operating expenses in the Approved Warrant amount of $1,329,243.05; and Payroll 9426 for $1,218,290.72, were 1589; Payroll 9426 approved. REJECTED CLAIMS The following claims were rejected: Avila/Kato Dori Avila, individually and as guardian ad litem for minors, Leigh Louise Kato and Rikio Edwin Kato (traffic collision at Fair Drive & Vanguard Way at the Fairgrounds entrance). Lee State Farm/Lee Smith Southern California Gas Company Truong Janice Lee (traffic collision due to alleged error by signal contractor). State Farm Insurance/Janice Lee (recovery of property damage payments). Jesse Smith (traffic collision with Orange County contractor). Southern California Gas Company Claim No. W -274702 -2 -BY (facility damaged ; during street rehabilitation) . John Hoan Truong (injured by traffic lane reflector). ADMINISTRATIVE An agreement with Peek Traffic/Signal Maintenance, Inc., 2283 Via ACTIONS/Approved j Burton Street, Anaheim, for the annual contract to maintain City Agreement with Peek traffic signals, was approved, and the Mayor and Deputy City Clerk for Traffic Signals were authorized to sign on behalf of the City. f Awarded Bid Item Bids for Bid Item No. 971, Helicopter Engine Overhaul, are on file 971, Helicopter ; in the City Clerk's office. The contract was awarded to National Engine Overhaul, to Airmotive Corporation, 2508 Palm Drive, Long Beach, for National Airmotive $98,631.00. Approved Adjustment Budget Adjustment No. 95-24 for $120,000.00, to construct No. 95-24 for Inter- intersection improvements at 17th Street/Westcliff Drive and Irvine section Improvements Avenue, was approved. Agreement with Item 5 on the Consent Calendar was presented: An agreement with with Linares for Mike Linares, 2713 North Dayna Street, Santa Ana, in an amount CDBG Consulting not to exceed $66,000.00, to provide consulting services for the Services Community Development Block Grant (CDBG)/Home Project. Council Member Monahan asked how many projects were involved in this item, and suggested a continuance so that each project could be examined and the entire program downsized in order to spend less money. The Redevelopment Project Manager enumerated the programs which are currently active, detailed the reporting procedures that were necessary, and explained that all programs had been previously authorized by Council. Will Ding, 7722 Terry Drive, Huntington Beach, commented that the monies being spent MOTION i for this item were , excessive. On motion by Council Member Agreement Approved Hornbuckle, seconded by Council Member Genis, and carried 4-1, Council Member Monahan voting no, the agreement was approved, and the City Manager was authorized to execute the contract subject y to final approval by the City Attorney's office. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Revocation of from the meeting of January 3, 1995, regarding revocation of PA -94-47, Planning Action PA -94-47, Thomas Tedesco, 171 South Anita Tedesco/Sheth Drive, Suite 201, Orange, representing Suresh B. Sheth, for a Conditional Use Permit to allow operation of the Coastal Inn, 2374 Newport Boulevard/115 Santa Isabel Avenue/114-120 East Wilson Street; and Council's direction to the City Attorney to proceed with declaring this facility a public nuisance and abating same if substantial progress has not been made on the required corrections. A communication was received from Dorothy Adams, 220 Amherst Road, Costa Mesa, supporting closure of the Coastal Inn. The Assistant Development Services Director/Planning reviewed the Agenda Report dated January 11, 1995. He reported that an inspection of the property was conducted this morning, and the results are incorporated in a memorandum from the Building 187 Inspector dated January 16, 1995. He stated .that the overall condition of the property has not changed substantially. since the Planning Commission voted to revoke the Conditional Use Permit and the City Council took action to uphold that decision. The Building Official responded to questions from Council. Thomas Tedesco, 171 South Anita Drive, Suite 201, Orange, the applicant's representative, reiterated that all Building Code violations at the Coastal Inn have been addressed, inspected, and are up to Code. He reported that he met with the City's Building Inspectors, and explained that the problems that currently exist are minor. He stated that the two major corrections remaining are the swimming pool and the parking lot. Charles Hofmann, 350 Rochester Street, Costa Mesa, owner of the property at 117 East Wilson Street, reported that since the last Council meeting, the required improvements have not been made to the Coastal Inn which is still a blight and a nuisance. Will King, 7722 Terry Drive, Huntington Beach, discussed other hotels which are targeted for clean up. Michael Dunlevie, 245 East Wilson Street, Costa Mesa, commented that if the additional units had not been built without permits, the current problem would not exist. He stated that there is a three-page list of required improvements, and felt that if the corrections were not made, the motel will continue to deteriorate. Dorothy Adams, 220 Amherst Road, Costa Mesa, asked how many units were in the hotel, and was informed by the Assistant Development Services Director that there are 88. She referred to a letter she forwarded to Council regarding the number of hotels in Costa Mesa versus other cities, and stated that she is opposed to the current application. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hornbuckle, seconded by Reaffirmed Adoption Council Member Monahan, and carried 5-0, to reaffirm the action of.Resolution 95-2 taken by City Council on January 3, 1995, which was to adopt Upholding Planning Resolution 95-2 upholding the Planning Commission's revocation of Commission's Revo- Planning Action PA -94-47, including the findings listed in Exhibit cation of PA -94-47 "A" of that resolution; and directing the City Attorney to proceed with declaring this facility a public nuisance and abating same if substantial progress has not been made on the required corrections. Council Member Genis suggested that should the capital improvement plan be in place tomorrow, that action not be taken too hastily. The City Attorney confirmed that a citation had been issued to the applicants with an arraignment date of February 23, 1995, at 8:00 a.m.; however, if the violations were remedied, the action could be dismissed in the interest of justice. Council Member Hornbuckle explained that the reason she made her motion was because the property owner takes definitive action after the City takes action; however, overall, it has been a long, drawn- out process and the property still requires further improvement. OLD BUSINESS Santa Ana Avenue The Deputy City Clerk presented from the meeting of November 21, Bike Lanes 1994, a report from staff on methods of providing safe Class 2 bike i lanes on Santa Ana Avenue between Del Mar Avenue and Costa Mesa Street. MOTION j On motion by Council Member Genis, seconded by Mayor Pro Tem Continued to Buffa, and carried 5-0, this item was continued to the meeting of February 21, 1995 February 21, 1995, as recommended by staff. OLD BUSINESS The Deputy City Clerk presented City Attorney's Report No. 95-5, Change of Office to and an ordinance changing the office of Vice Mayor to that of Mayor Pro "Tem Mayor Pro Tem. Mayor Erickson stated for the record that former Mayor Bob Wilson had expressed concern regarding the change in office title in case the Mayor and Mayor Pro Tem were unable to attend a national or international event and it was necessary to designate another voting member. Council Member Hornbuckle stated that a voting representative was routinely appointed for conferences so this should not be an issue. The City Attorney pointed out that Report No. 95-5 dated January 11, 1995, had been superseded by Report No. 95-5A dated January 13, 1995, which included minor corrections. Will King, 7722 Terry Drive, Huntington Beach, did not approve of the suggested change. Charles Patterson, 2191 Harbor Boulevard, No. 26, Costa Mesa, asked about the impact of the title change. Mayor Pro Tem Buffa responded that this change affects the title of the office, the duties are the same, and Mayor Pro Tem is used in most cities. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Ordinance 95-1 Monahan, and carried 5-0, Ordinance 95-1, AN ORDINANCE OF Given First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 2, CHAPTER II, SECTION 2-22 OF THE COSTA MESA MUNICIPAL CODE TO CHANGE THE OFFICE OF VICE MAYOR TO THAT OF MAYOR PRO TEM, was given first reading and passed to second reading, including any clarifications, amendments, or modifications regarding instances where Vice Mayor may appear in the code or the need to have someone officially appointed for various voting purposes. NEW BUSINESS The Deputy City Clerk presented City Attorney's Report No. 95-2, Amendment to and an ordinance concerning licenses for businesses using shopping Business License carts, and those doing business outside the City of Costa Mesa. A Ordinance communication was received from the California Grocers Asso- ciation, One World Trade Center, Suite 480, Long Beach, requesting a continuance. The City Attorney reviewed his report and the proposed ordinance. He reported that the representative from the California Grocers Association had indicated that they desire a further opportunity to work with the City on this issue. Mayor Pro Tem Buffa thought that it was premature to consider this ordinance now, and was looking for more interaction between staff and the Grocers Association. Will King, 7722 Terry Drive, Huntington Beach, spoke about the impact of this ordinance on the small businessman. 189 Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that the City collect the shopping carts in lieu of putting an extra financial burden on the small businessman. Charles Patterson, 2191 Harbor Boulevard, No. 26, Costa Mesa, asked if it was illegal to remove shopping carts containing grocery items from the store premises. Mayor Erickson clarified that it is illegal; however, the law is not always enforced. MOTION A motion was made by Council Member Hornbuckle, seconded by Ordinance 95-2 Council Member Genis, and carried 5-0, to give first reading to Given First Reading Ordinance 95-2, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 9-40 OF THE COSTA MESA MUNICIPAL CODE CONCERNING LICENSES FOR BUSINESSES DOING BUSINESS OUTSIDE THE CITY OF COSTA MESA, deleting Sections 1 and 2.: relating to businesses using shopping carts, directing the City Attorney to bring these sections back at a later date in a separate ordinance; and correcting the first line of Section 4(b) to read, The Finance Director or designee...", deleting the word "of". Second reading and adoption is scheduled for the meeting of February 6, 1995. CITY ATTORNEY'S The City Attorney presented City Attorney's Report No. 95-3; and REPORT a resolution requesting the State of California to enact legislation Council Member empowering General Law cities to impose term limits on Council Term Limits Members. He summarized the report dated January 9, 1995, and the resolution. Will King, 7722 Terry Drive, Huntington Beach, commented that it should be the power of the people to reelect or not. Council Member Monahan clarified that the purpose of the resolu- tion was to request that the State of California legislature allow General Law Cities the option of imposing term limits. MOTION A motion was made by Council Member Monahan, seconded by Resolution 95-4 Mayor Pro Tem Buffa, to adopt Resolution 95-4, A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THAT THE STATE OF CALIFORNIA ENACT LEGISLATION TO EMPOWER GENERAL LAW CITIES TO IMPOSE TERM LIMITS ON COUNCIL MEMBERS, and directing the Mayor to transmit the resolution to the City's State legislators. Council Member Genis stated that mandatory term limits are unnecessary since informed voters could make the determination if someone is doing a good job. Council Member Hornbuckle compared the resolution to one presented to the League of California Cities at the October, 1994, meeting, and concern had been expressed at that time regarding involving the State in this matter. Mayor Pro Tem Buffa supported the resolution because it would allow the City to place this issue on the ballot. The motion carried 3-2, Council Members Hornbuckle and Genis voting no. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORTS/Request Government Code Sections 54956.9(a) and 54956.9(b)(1) to discuss for Closed Session: the following items: Request for defense of Officer Philip Myers in Boyd v. City; and Boyd v. City of Costa Mesa, Orange County Superior Court Case Senior Center. No. 739078; and nonbinding arbitration regarding the Costa Mesa Senior Center. Mayor Erickson announced that closed session would be held after completion of regular business. CITY MANAGER'S ! The City Manager presented a resolution revising pay ranges for job REPORT classifications represented by the Costa Mesa City ' Employees CMCEA Pay Raises I Association to reflect established labor marketplace pursuant to the 1994-1997 Memorandum of Understanding (MOU). The Personnel Services Director reviewed the Agenda Report dated January 9, 1995, noting that the resolution reflects technical corrections to the Basic Pay Schedule (Resolution 94-115). Will King, 7722 Terry Drive, Huntington Beach, commented .that the City did not have the funds for another raise in pay. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Resolution 95-5 Hornbuckle, and carried 5-0, Resolution 95-5, A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE PAY RANGES FOR JOB CLASSIFICATIONS REPRESENTED BY THE COSTA MESA CITY EMPLOYEES ASSOCIATION TO REFLECT THE ESTABLISHED LABOR MARKETPLACE PURSUANT TO THE 1994-1997 MOU, was adopted. Rain Storm The City Manager thanked City personnel for work accomplished Assistance during the recent rain storms. He expressed appreciation to members of the community for their assistance, to the Mesa Consolidated Water District, and Larry's Building Materials. COUNCIL Council Member Hornbuckle reported that she and the Public COMMENTS Services Director had attended a League of California Cities Community Services Community Services Policy Committee meeting held in Burbank on Policy Committee ! Thursday, January , 12, 1995, concerning children, youth, and Meeting families; alcohol, drugs, and gangs; issues of diversity; and the libraries. She stated that in mid-February, the Committee on Restructuring California Public Libraries will have completed a draft report dealing with the role of the public library and their basic level of service. She reported on a League of California Cities group, Investing in Our Youth Task Force, who have produced a video and a fact sheet entitled the "Youth Action Plan", which will be the focal point for the Mayors and Council Members conference held annually in July. She stated that the Community Services Policy Committee Study Session Items meeting will be held in April. She reminded Council Members that some items brought before Council would be suited for a more informal setting such as a study session. Storm Situation Mayor Pro Tem Buffa complimented the Public Services staff for the excellent response to a crisis situation with the recent storms. He asked how the public could obtain the telephone numbers for Federal Relief and State programs. The City Manager responded that those numbers were available in his and the City Clerk's office, and are shown on the local cable television channel. Bud Lengtat Passing Mayor Erickson reported that Bud Lengtat, a member of the Cable Television Committee and long time resident, had passed away. He Bankruptcy Forum announced that a Community Forum would be held on Wednesday, January 25, 1995, 7:00 p.m. to 9:00 p.m. in the Council Chambers to discuss Orange County's bankruptcy and how it affects the City. Community Summit He stated that the Community Summit, an organization formed by Meeting the City, Chamber of Commerce, Newport -Mesa School District, j Sanitation District,, Coastline Community College, and Mesa 1 Consolidated Water District, will hold a meeting on January 27, 1995, at 7:30 a.m., in the fifth floor Conference Room. ADJOURNMENT TO At 8:05 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor Conference Room to discuss the items announced by the City Attorney. MEETING The Mayor reconvened the meeting at 8:20 p.m., and the action RECONVENED taken during closed session was announced. MOTION Regarding the request for defense of Officer Philip Myers in Boyd Request for Defense v. City of Costa Mesa, Orange County Superior Court Case No. Granted 739078, Council voted 5-0 to waive possible conflict of interest during the preliminary phase of this action and grant Officer Myers's request for defense. MOTION Regarding nonbinding arbitration regarding the Costa Mesa Senior Settlement Authorized Center; Costa Mesa v. Wolff Lang Christopher, et al., Council voted 5-0 to authorize nonbinding arbitration, and settlement authority was given to the City Attorney. ADJOURNMENT The Mayor declared the meeting adjourned at 8:25 p.m. 'L, ej-', - Maq of the City of Costa Mesa ATTEST: Deputy City lerk of the City of Costa Mesa ..f _ 191