Loading...
HomeMy WebLinkAbout06/19/1995 - City Council_ e c REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 19, 1995 The City Council of the City of Costa Mesa, California, met in regular session June 19, 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 led by Mayor Pro Tem Buffa, and invocation by Associate Pastor Sam Clark, Harbor Christian Fellowship. ROLL CALL Council Members Present: Mayor Joe Erickson Mayor Pro Tem Peter Buffa Council Member Mary Hornbuckle Council Member Gary Monahan Council Members Absent: Council Member Sandra Genis Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Community Services Director Keith Van Holt Finance Director Susan Temple Administrative Assistant Irma Hernandez Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council Member June 5, 1995 Monahan, and carried 4-0, the minutes of the regular meeting of June 5, 1995, were approved as distributed. ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by Council RESOLUTIONS Member Hornbuckle, and carried 4-0, to read all ordinances and resolutions by title only. PRESENTATION Joe Perry, 950 Congress Street, Costa Mesa, announced winners of Costa Mesa the Costa Mesa Historical Society Essay Contest, for third and Historical Society fourth grade students at Costa Mesa elementary schools, to name Contest Winners the lady mannequin at the Historical Society Museum in the Estancia Adobe. Mayor Erickson presented certificates to the following finalists: Jason Johnston; Kimberly Flores; Giovanni Garcia; Brice Holland; Joshua Woodard; Julie Newdell; Joe Constantino; and Sally Eckard; third place, Carmen Darden and Christina Thompson; second place, Rachel Hughes; and the winner of the contest was Laura Wong who submitted the name "Arinita Caberrio". ORAL COMMUNI- CATIONS Will King, Post Office Box 2795, Costa Mesa, suggested changing King Comments to a Charter City and dividing the City into seven districts. Shalimar Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, supported the Improvements work of the City and Police Department to improve the Shalimar area. He felt that the residents in the Shalimar community have attempted to save their neighborhood and create a positive environment. y�314 Mesa Consolidated In regard to Mesa Consolidated Water District, Mr. Pizarek believed Water District Rate that the five individuals who have been attending the Board meetings Increase for the past 12 years deserve the opportunity to be on the committee that the Board is seeking to create. Heather Somers, 427 East 17th Street, Costa Mesa, President of the East Side Homeowners Association, gave the breakdown of the $1.06 rate increase by Mesa Consolidated Water District which is 10 cents higher on a basic rate of 55 units. She reported that the Board could not respond to residents' concerns regarding the Board's voting on an incomplete budget; funding to pay for past litigation and settlements that have been incurred by the District; and giving General Manager Karl Kemp three months to explain his reallocation of funds from one department to another. She suggested that the Water District be consolidated with the City. or be privatized. Mayor Erickson noted that he, Council Member Hornbuckle, the City Manager, Karl Kemp, and two Water Board Members met to discuss a number of items, such as consolidation. The City Manager stated that Council will receive a report within two weeks on the process required for consolidation. Nancy Palme, 1997 Kornat Drive, Costa Mesa, suggested that the Water District be consolidated with the City, or privatized, because it could save consumers a minimum of 35 percent. Canyon Drive Curbs Fred Landis, 2206 Canyon Drive, No. C2, Costa Mesa, asked that and Gutters curbs and gutters be constructed on Canyon Drive between Wilson and Victoria Streets to eliminate erosion and the puddles of water that constantly build up after it rains. The City Manager responded that Pacific Avenue and Canyon Drive were developed by the County of Orange and curbs and gutters were not required. He reported that after the City annexed this area, discussions were held on forming an Assessment District to pay for these improvements, or having the City construct curbs and gutters with costs assessed against the properties. The City Manager suggested having City staff meet with the property owners to find a solution. Mayor Erickson directed the City Manager to work with Mr. Landis on this issue. Blue Marble Florence Irwin, 2241 Canyon Drive, Costa Mesa, also spoke about Coffeehouse Nuisance the need for curbs and gutters on Canyon Drive. She felt that the need is for public safety, not only for the property owners. Mayor Erickson suggested that she get together with Mr. Landis on this matter. Richard Betteridge, 3034 Royce Lane, Costa Mesa, complained about the strong odor of roasting coffee beans from the Blue Marble Coffeehouse. Mayor Erickson stated that Council has received other complaints regarding this nuisance. The City Manager reported that the Planning Department contacted the Blue Marble operators and advised them that they must apply for a Conditional Use Permit and a business license. The City Manager stated that the Air Quality Management District (AQMD) reviewed the operation and issued a permit; however, Council could require the Blue Marble to cease operations until the owners go through the public hearing process for a Conditional Use Permit. Mayor Erickson requested that this item be brought back to Council if the owner has not applied for a Conditional Use Permit before the next Council meeting. The Mayor told Mr. Betteridge that if he resides within 300 feet of the Blue Marble, he will receive the Planning Commission's Notice of Public Hearing. Charlie Gibbs, 3007 Royce Lane, Costa Mesa, addressed the Blue Marble Coffeehouse issue, stating that 20 residents filed complaints with the AQMD but the problem still exists. Marjory Betteridge, 3034 Royce Lane, Costa Mesa, could not understand how a business such as the Blue Marble Coffeehouse could operate in a residential neighborhood. Auto Theft and Dorothy Adams, 220 Amherst Road, Costa Mesa, spoke about Burglary Statistics recent statistics on auto thefts and burglaries in the City. She reported that she witnessed a man stealing a car on Victoria Street and felt that more police officers are needed to reduce crime. Building Division David Pillman, 5 Corporate Park Drive, Suite 270, Irvine, an Plan Checkers/Access architect doing business in the City of Costa Mesa, spoke of the Appeals Board lengthy process that his clients have experienced when dealing with outside plan checkers contracted through the Building Division. He felt that the Building Official should have the authority to make reasonable decisions on disabled access issues rather than referring the matter to the Access Appeals Board. Nancy Palme, 1997 Kornat Drive, Costa Mesa, Chairperson of the Access Appeals Board, stated that she is aware of Mr. Pillman's concern but an unusual amount of scrutiny has-been placed on the City by the State Attorney General's office. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 3(f), Claim from Rudolph Pekarek; Item 4, Bid Item No. 975; Helicopter Maintenance; Item 6, Agreement with PRC Public Sector, Inc., computer software and hardware maintenance; Item 7, Agreement with Kabbara Engineering, consulting services for design improvements to the James Street alleys; Item 8, Agreement with sole source vendor, LSA Associates, Inc., to prepare a Project Study Report for the I-405 northbound auxiliary lane; Item 10, Agreement with Orange County Transportation Authority, funding for bus turnouts; Item 11, including (a), (b), and (c), for construction of the northbound Route 55 to southbound Route 73 Connector "D" ramp, Project No. 95-03; Item 12, including (a), (b), (c), and (d), for construction of the I-405 Freeway at Bristol Street Interchange Improvements, Project No. 95-04; and Item 14, Change Order for Bid Item No. 954, 5 Star Rubbish Service, Inc. MOTION/Approved On motion by Council Member Hornbuckle, seconded by Mayor Pro Items 1, 22 3 [Except Tem Buffa, and carried 4-0, the remaining Consent Calendar items 3(f)], 5, 9, and 13 were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy .City Clerk: John F. Fritz; Ada L. Kersch; Mary C. Marshall; Deborah Edith Payan, Daniel E. Payan, Lisa Ann Secrest, and Helena Secrest, a minor; and Mickey Lynn Snyder. Alcoholic Beverage Alcoholic Beverage Licenses for which parking has been approved Licenses by the Planning staff: Nicora and Neary Inc., doing business at 88 Fair Drive, Cafeteria, 88 Fair Drive, Building No. 10, and 88 Fair Drive near Building No. 17; Nicora and Neary Inc., doing business as Fanfare Enterprises, 88 Fair Drive, Grandstand; and Nicora and Neary Inc., doing business as Fanfare Enterprises Pacific Amphitheater, 100 Fair Drive. Public Utilities Notice that Southern California Edison Company filed Application Commission No. A.95-05-049, with the Public Utilities Commission requesting a decrease in rates of $205 million, or 2.7 percent, based on forecasted fuel and purchase power costs and balancing account adjustments; to find its operations reasonable from April 1, 1994, through March 31, 1995; to consolidate this ECAC rate decrease with other rate proceedings; and to limit the consolidated rate decrease. WARRANTS Warrant Resolution 1600, funding City operating expenses in the Approved Warrant amount of $1,685,239.14; and Payroll 9511 for $1,257,610.53, were 1600; Payroll 9511 approved. REJECTED CLAIMS The following claims were rejected: Ayres John and Laura Ayres (vehicle collision on 22nd Street). State Farm/Miller State Farm Insurance/Carole Miller (vehicle collision on 22nd , Street). Doehrman Ron Doehrman (pedestrian stepped into an open vent hole in sidewalk). Flynn -Navarro Kathleen Flynn -Navarro (slip and fall in Canyon Park). Mitchell Dion Mitchell (vehicle damaged by fallen tree on private property). Reta Carmen T. Reta (vehicle collision on Bristol Street at the 405 Freeway on-ramp) . ADMINISTRATIVE Bids received for the Slurry Seal Program 1994-95, Project ACTIONS/Rejected No. 95-07, are on file in the City Clerk's office. All bids Bids for Slurry Seal, were rejected, and staff was authorized to re -advertise the Project No. 95-07 project. Adopted Resolution Resolution No. 95-47, A RESOLUTION OF THE CITY COUNCIL 95-47 Authorizing OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING Execution of Program AND AUTHORIZING EXECUTION OF SUPPLEMENT NO. 021 Supplement No. 021, TO THE EMERGENCY RELIEF PROGRAM AGREEMENT Emergency Relief BETWEEN THE STATE DEPARTMENT OF Program TRANSPORTATION AND THE CITY OF COSTA MESA, was adopted. Approved Agreement Program Supplement No. 021 to Local Agency -State agreement for with the State to Federal -Aid Projects No. 12-5312, to repair and reconstruct various Repair Storm- storm -damaged streets, was approved; and the Public Services Damaged Streets Director and Deputy City Clerk were authorized to sign on behalf of the City. Approved Measure M In connection with Measure M Eligibility, maintenance of effort for Eligibility Program fiscal year 1995-1996, and the seven-year Measure M/Capital Improvement Program, were approved. Approved Plan Check Annual Building Division contracts for plan check, inspection, and Contracts with permit processing services were approved: Willdan Associates, Willdan Associates; 12900 Crossroads Parkway South, Suite 200, Industry; KA KA Architecture; Architecture, 1868 Paros Circle, Costa Mesa; VanDorpe Chou VanDorpe Chou; Associates, Inc., 295 North Rampart Street, Suite A, Orange; L_ Berryman and Berryman and Henigar, 11590 West Bernardo Court, Suite 100, San Henigar; and CSG Diego; and CSG Consultants, 400 Oyster Point Boulevard, Suite Consultants 202, South San Francisco. The Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Will King, Post Office Box 2795, Costa Mesa, spoke in opposition to all items removed from the Consent Calendar. MOTION/Approved On motion by Mayor Pro Tem Buffa, seconded by Council Member Items 3(f), 4, 6, Hornbuckle, and carried 4-0, Consent Calendar Item Nos. 3(f), 4, 7, 8, 10, 11, and 14 6, 79 8, 10, 11, and 14 were approved. REJECTED CLAIM The claim from Rudolph Pekarek (pothole on Newport Boulevard Pekarek damaged vehicle rims) was rejected. ADMINISTRATIVE Bids received for Bid Item No. 975, Helicopter Maintenance, are on ACTIONS/Awarded file in the City Clerk's office. Contracts were awarded to Air Bid 975, Helicopter Services International, 7300 East Evans Road, Scottsdale, Arizona, Maintenance, to Air for $126,400.00; Heli -Mart, Incorporated, 3184 Airway Avenue, Services International; Unit E, Costa Mesa, for $108,900.00; National Airmotive Heli -Mart; National Corporation, 2508 Palm Drive, Long Beach, for $51,900.00; and Airmotive; and Spartan Helicopter Services, 1387-B East Saint Gertrude Place, Spartan Helicopter Santa Ana, for $24,800.00, for an aggregate amount of $312,000.00 Services per year. Approved Agreement An agreement with PRC Public Sector, Inc., 135 Main Street, Suite with PRC for 1900, San Francisco, for an annual amount not to exceed Computer Software $84,702.00, to provide computer software and hardware and Hardware maintenance and recover -all computer equipment coverage for the public safety computer system, was approved; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Agreement An agreement with Kabbara Engineering, 130 South Prospect with Kabbara Avenue, Tustin, in an amount not to exceed $6,500.00, to provide Engineering for consulting services for design of James Street alley improvements Design of James between Wallace and Pomona Avenues, was approved; and the Street Alley Mayor and Deputy City Clerk were authorized to sign on behalf of Improvements the City. Approved Agreement An agreement with sole source vendor, LSA Associates, Inc., One with LSA to Prepare Park Plaza, Suite 500, Irvine, in an amount not to exceed Reports for I-405 $17,650.00, to prepare a Project Study Report, a Project Report, Auxiliary Lane and Preliminary Environmental Assessment for the I-405 northbound auxiliary lane from the Harbor Boulevard on-ramp to the Euclid Street off -ramp, was approved; and the Mayor and Deputy City Approved Budget Clerk were authorized to sign on behalf of the City. Budget Adjustment 95-52 Adjustment No. 95-52 for $17,650.00, was approved. Approved Agreement Agreement No. C-95-031 with the Orange County Transportation C-95-031 with OCTA Authority (OCTA) for City participation in the Federal Bus Turnout for Bus Turnouts Amenities Program in conjunction with construction of bus turnouts on Harbor Boulevard and on Fair Drive, was approved; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Routes 55/73 Construction of the Northbound Route 55 to Southbound Route 73 Connector "D" Ramp Connector "D" Ramp, Project No. 95-03: Awarded Contract to Bids received for Construction of the Northbound Route 55 to C.C. Meyers Southbound Route 73 Connector "D" Ramp, Project No. 95-03, are on file in the City Clerk's office. The contract was awarded to C. C. Meyers, Incorporated, 3286 Fitzgerald Road, Rancho Cordova, for $1,097,277.50. Adopted Resolution Resolution No. 95-48, A RESOLUTION OF THE CITY 95-48, Requesting COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Measure M Funds REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE MEASURE M FUNDS FOR CONSTRUCTION OF STATE ROUTE 55/STATE ROUTE 73 CONNECTOR "D", was adopted. Approved Harris & An agreement with Harris & Associates, Inc., 4281 Katella Associates Agreement Avenue, Suite 100, Los Alamitos, for $100,000.00, to provide for Construction construction management services, was approved, and the Mayor Management Services and Deputy City Clerk were authorized to sign on behalf of the City. Approved Moffatt and An agreement with sole source vendor, Moffatt and Nichol Nichol Agreement for Engineers, 3720 South Susan Street, Suite 200, Santa Ana, in an Construction Design amount not to exceed $12,000.00, to provide construction design Services services, was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Change In conjunction with Bid Item No. 954, a change order for Order for Bid Item $19,879.00 to the contract with 5 Star Rubbish Service, Inc., Post 954, 5 Star Rubbish Office Box 9278, Newport Beach, to cover the increase in landfill Service gate fees, and an inflationary increase, was approved. Construction of the Items 12, 12(a), 12(b), 12(c), and 12(d) on the Consent Calendar I-405 Freeway at were presented: Construction of the I-405 Freeway at Bristol Street Bristol Street Interchange Improvements, Project No. 95-04 [Federal No. STPLN- Interchange Improve- 5312 (014)]; Resolution requesting the Orange County ments, Project 95-04 Transportation Authority to allocate Measure M funds for construction; Agreement with CRSS Constructors, Inc., 20381 Lake Forest Drive, Suite B16, Lake Forest, for $325,000.00, to provide construction management services; Agreement with sole source vendor, P & D Consultants, Inc., 1100 Town and County Road, Suite 300, Orange, for $24,950.00, to provide construction design services; and Budget Adjustment No. 95-51 for $10,000.00 for additional engineering and design work. Tom Foss, 314 Robin Hood Lane, Costa Mesa, representing the Griffith Company, asked that the bid be awarded to the Griffith Company, since their bid was $138,000.00 lower than the second lowest bidder. He explained that Griffith Company's bid was deemed nonresponsive because of the Disadvantaged Business Enterprises (DBE) Program. He stated that prior to the bid award, Griffith Company met the DBE requirements; then the City notified him that one of their subcontractors was not certified as a minority business. He added that based on this information, Griffith Company failed to achieve the required 15 percent DBE participation by an extremely low percentage, dropping from 15.64 to 14.85. The Public Services Director stated that the City must award a contract by June 30, 1995, or lose a majority of the financing for this project. Council Member Hornbuckle expressed her concern that the City may lose the funding if the City does not award the contract to Kasler Corporation as required by CALTRANS. On motion by Council Member Hornbuckle, seconded by Mayor Erickson, and carried 4-0, the following action was taken: 1 MOTION Griffith Company's nonresponsive bid was rejected; and the Construction Contract contract was awarded to Kasler Corporation, 27400 East Fifth Awarded to Kasler Street, Highland, for $3,216,000.00, for construction of the Corporation project. Adopted Resolution Resolution 95-49, A RESOLUTION OF THE CITY COUNCIL 95-49, Requesting OF THE CITY OF COSTA MESA, CALIFORNIA, Measure M Funds REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE MEASURE M FUNDS FOR CONSTRUCTION OF BRISTOL STREET AT THE I-405 FREEWAY INTERCHANGE, was adopted. Approved Agreement An agreement with CRSS Constructors, Inc., 20381 Lake Forest with CRSS for Drive, Suite B16, Lake Forest, for $325,000.00, to provide Construction construction management services, was approved pending Management Services CALTRANS concurrence; and the Mayor and Deputy City Clerk were authorized to .sign on behalf of the City. Approved Agreement An agreement with sole source vendor, P & D Consultants, Inc., with P & D for 1100 Town and Country Road, Suite 300, Orange, for Construction Design $24,950.00, to provide construction design services, was Services approved; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Budget Item 12(d): Budget Adjustment No. 95-51 for $10,000.00, for Adjustment 95-51 additional engineering and design work, was approved. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Landscaping Assess- set for the public hearing to consider a resolution levying an ment District No. 1 assessment for fiscal year 1995-1996 within City of Costa Mesa Landscaping Assessment District No. 1, located south of Sunflower Avenue and east of Smalley Road. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Seven communications were received from owners of property within the district who oppose the levy: Mr. and Mrs. T. H. Bauer, 1014 Begonia Avenue; Gay Geiser -Sandoval, 3408 Geranium Street; Bing Luh, 1017 Secretariat Circle; Rex Hardesty, Post Office Box 102, Westminster; Kent and Vivian Stimson, 1013 Damascus Circle; Nhiep Tang, M.D., 1006 Begonia Avenue; and Mr. and Mrs. Mark Saldana, 1038 Secretariat Circle. The Community Services Director reviewed the Agenda Report dated May 8, 1995. Will King, Post Office Box 2795, Costa Mesa, opposed the levy for both districts. Roy Wendlandt, 901 Peace Place, Costa Mesa, asked if his home, which was built in 1966, is included in the assessment. The Community Services Director responded that it is not. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Resolution 95-50 Monahan, and carried 4-0, Resolution 95-50, A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL YEAR 1995-1996 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 1, was adopted, based on the finding that only seven protests were received and does not constitute a majority protest. , ,20 PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Landscaping Assess- set for the public hearing to consider a resolution levying an ment District No. 2 assessment for fiscal year 1995-1996 within City of Costa Mesa Landscaping Assessment District No. 2, located at the northwest corner of Bear Street and the Corona del Mar Freeway. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. One communication was received opposing the levy: Larry and Sandra Baum, 884 Liard Place. The Community Services Director reviewed the Agenda Report dated May 8, 1995. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Mayor Pro Tem Buffa, and seconded by Council Resolution 95-51 Member Monahan, and carried 4-0, Resolution 95-51, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL YEAR 1995-1996 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 2, was adopted, based on the finding that only one protest was received and does not constitute a majority protest. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Business Improve- set for the public hearing to consider an ordinance establishing a ment Area Business Improvement Area (Costa Mesa Tourism and Promotion Council) for City of Costa Mesa hotels and motels, and levying an assessment on businesses within the business improvement area for the purpose of funding all improvements and activities within the district, except where funds are otherwise available. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Administrative Assistant summarized the Agenda Report dated June 13, 1995. In response to a question from Council Member Hornbuckle, the Administrative Assistant reported that the City Attorney's office will respond to the concerns of the Business Improvement District Board, such as, the steps required to establish a nonprofit Tourism and Promotion Council; responsibility for handling litigation; and itemizing bills. The City Attorney noted that on Page 9, Section 3, Paragraph (i), the City Manager or designee has been delegated authority to administer the improvements and activities set forth in the Tourism and Promotion Council budget. He stated that a report will be given to Council at the meeting of July 5, 1995, regarding other concerns. Will King, Post Office Box 2795, Costa Mesa, opposed the levy. Mayor Erickson explained to Mr. King that this is a request by the hotel industry to use the additional one percent of revenue for publicizing and marketing. Mayor Erickson thanked the committee for their efforts. MOTION A motion was made by Council Member Hornbuckle, seconded by Ordinance 95-9 Mayor Pro Tem Buffa, and carried 4-0, to give first reading to Given First Reading Ordinance 95-9, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO ESTABLISH A BUSINESS IMPROVEMENT AREA FOR CITY OF COSTA MESA HOTELS AND MOTELS. The City Attorney noted for the record that since no protests were received, Page 7, Paragraph 3, Line 3, should read: "and no protests were filed"... I PUBLIC HEARING The Deputy City Clerk announced that this was the time and place 1995-96 Appropria- set for the public hearing to consider a resolution establishing the tions Limit 1995-1996 appropriations limit at $81,442,360.00. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Finance Director summarized the Agenda Report dated June 12, 1995. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Resolution 95-52 Monahan, and carried 4-0, Resolution 95-52, A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE 1995-96 FISCAL YEAR, IN ACCORDANCE WITH ARTICLE XIII -B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AS AMENDED BY PROPOSITION 111 AND SB 88, was adopted. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place 1995-96 City Budget set for the public hearing to consider a resolution adopting the 1995 - and Investment 1996 preliminary budget as amended; and a resolution adopting an Policy investment policy for fiscal year 1995-96. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Finance Director reviewed the Agenda Report dated June 12, 1995. Mayor Erickson noted that a study session and other public meetings were held at which the public had an opportunity to comment on the City budget. He thanked the Finance Director, the City Manager, and staff for a job well done. In response to a question from Council Member Hornbuckle, the Finance Director stated that adequate funding is provided in the budget for a water rate increase. Council Member Hornbuckle asked about funding the requests from the Orange County Human Relations Council and Community Services Program (CSP), if Council decides to enter into Professional Services Agreements. The City Manager replied that the Human Relations funds would be included in the Council budget, and CSP funds in the Police Department budget. He suggested that if Council decides to support these requests, staff would make the appropriate adjustments to those two budgets to accommodate the funding. Council Member Hornbuckle preferred that both organizations work on a Professional Services Agreement basis with a one-year trial period. Mary Lu Fisol, 1714 Oahu Place, Costa Mesa, incoming President of the Harbor Council PTA, presented Council with a petition with over 100 signatures from parents and staff members representing nine elementary schools asking that the City continue to support the DARE Program. She also requested that the City investigate ways of strengthening the program. The City Manager responded that there are no changes in the DARE Program from previous years, and the program will continue to be funded from narcotic asset forfeiture monies. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, felt that the Police Department's bicycle patrol was a beneficial service for the west side of Costa Mesa. He asked if there were funds budgeted for the support of the Citizens Academy. The City Manager responded that 322 Council authorized additional bike patrols for weekends, including the Shalimar area; and the budget provides for three additional officers to be assigned to the special enforcement detail to cover problem areas. The City Manager also mentioned that there is funding in the budget for the Academy. Nancy Palme, 1997 Kornat Drive, Costa Mesa, stated that the members of the Mesa Verde Homeowners Association supported the Citizens Academy. She congratulated the City on being one of the . only cities in the County that is in good fiscal condition. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Authorized City Tem Buffa, and carried 4-0, the City Manager was authorized to Manager to Prepare prepare professional services agreements with Orange County Service Agreements Human Relations Council and CSP; and to incumber the funds until with Human Relations the agreements are brought back for Council action. Council and CSP In response to the City Manager's request for clarification, Mayor Pro Tem Buffa stated that it was his intent to encumber the necessary funds until the agreements come back to Council for approval; however, if the agreements were rejected, those funds would be released for other purposes. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Resolution 95-53 Tem Buffa, and carried 4-0, Resolution 95-53, A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A BUDGET FOR THE FISCAL YEAR 1995-96, was adopted. MOTION A motion was made by Council Member Hornbuckle, seconded by Resolution 95-54 Council Member Monahan, and carried 4-0, to adopt Resolution 95 - Adopted 54, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE CITY TREASURER TO INVEST AND REINVEST IDLE MONIES OF THE CITY OF COSTA MESA IN ELIGIBLE SECURITIES AND TO SELL OR EXCHANGE SECURITIES PURCHASED, AND AUTHORIZING SAID TREASURER TO DEPOSIT SUCH SECURITIES FOR SAFEKEEPING IN DESIGNATED BANKS AND SAVINGS AND LOANS AND AUTHORIZING THE SAID TREASURER TO DELEGATE TO THE ASSISTANT DIRECTOR OF FINANCE THE CARRYING OUT OF ANY SUCH TASKS. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place 1995-96 General Fund set for the public hearing to consider a resolution establishing a Operating Reserve $14.8 million General Fund Operating Reserve for fiscal year 1995- 1996. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Finance Director summarized the Agenda Report dated June 12, 1995. Will King, Post Office Box 2795, Costa Mesa, asked if the $14.8 million Reserve included the payroll for Mesa Consolidated Water District Board Members. Mayor Erickson responded in the negative, stating that the Water District is a separate agency. Council Member Monahan suggested a General Fund Operating Reserve of 14.12 million, and setting aside $680,000.00 to fund another police unit if further study indicates that this can be accomplished. pt. Greg Brown, 2501 Christopher Lane, Costa Mesa, spoke,in support of Council Member Monahan's proposal for additional police officers. There being no other speakers, the Mayor closed the public hearing MOTION On motion by Council Member Monahan, seconded by Mayor Pro Resolution 95-55 Tem Buffa, and carried 4-0, Resolution 95-55, A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND ADOPTING THE GENERAL FUNDS OPERATING RESERVE FOR THE 1995-96 FISCAL YEAR, IN ACCORDANCE WITH TITLE 2, CHAPTER V, ARTICLE 6, OF THE COSTA MESA MUNICIPAL CODE, was adopted; establishing a $14.12 million General Fund Operating Reserve for fiscal year 1995-1996 instead of $14.8 million; with the remaining funds being set aside for an additional police patrol unit, if feasible. The City.Manager stated that he will provide a report in 30 days. Council Member Hornbuckle asked if the $680,000.00 would be encumbered pending a report from the City Manager. Council Member Monahan responded in the affirmative. Council Member Hornbuckle and Mayor Pro Tem Buffa expressed their thanks to the City Manager, the Finance Director, and staff, for their hard work on the budget. OLD BUSINESS The Deputy City Clerk presented from the meeting of June 5, 1995, Multi -Family second reading and adoption of Ordinance 95-6, amending the Costa Residential Mesa Municipal Code relating to nonconforming multi -family Projects residential projects. Will King, Post Office Box 2795, Costa Mesa, commented that the City adopts too many ordinances. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Ordinance 95-6 Monahan, and carried 4-0, Ordinance 95-6, AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 13-136, 13-148, 13-2521 AND 13-529, OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING VOLUNTARY REDEVELOPMENT OF NONCONFORMING MULTI -FAMILY RESIDENTIAL PROJECTS, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of June 5, 1995, Size and Height the first reading of amended Ordinance 95-7, relating to size and of Inflatables height of inflatables (advertising balloons). The Deputy City Manager/Development Services reviewed the Agenda Report dated May 17, 1995. MOTION On motion by Council Member Hornbuckle, seconded by Council Ordinance 95-7 Member Monahan, and carried 3-1, Mayor Pro Tem Buffa voting Given First Reading no, Ordinance 95-7, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 1 OF CHAPTER VI OF TITLE 5 OF THE COSTA MESA MUNICIPAL CODE TO LIMIT THE SIZE AND HEIGHT OF INFLATABLES (ADVERTISING BALLOONS), was given first reading and passed to second reading. 32 OLD BUSINESS The Deputy City Clerk presented from the meeting of June 5, 1995, Unlawful Graffiti second reading and adoption of Ordinance 95-8, amending the Costa Mesa Municipal Code pertaining to unlawful graffiti. The City Attorney stated that provisions have been added that will allow the City to assess fines on the parents of those who are responsible for graffiti. Roy Pizarek, 1923 Whittier Avenue, Cost Mesa, supported the ordinance and felt that the graffiti hot line has been very effective on the west side. Greg Brown, 2501 Christopher Lane, Costa Mesa, supported the graffiti removal program. MOTION On motion by Council. Member Hornbuckle, seconded by Mayor Pro Ordinance 95-8 Tem Buffa, and carried 4-0, Ordinance 95-8, AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER VII -1/2 OF TITLE 11 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO UNLAWFUL GRAFFITI, was given second reading and adopted. ANNOUNCEMENT The Mayor announced that Old Business No. 4, regarding the cable Cable Television television franchise, would be trailed until the representative from Transfer Trailed Continental Cablevision, Inc., arrived. NEW BUSINESS The Deputy City Clerk presented a report on garage sale regulations. Garage Sale The Deputy City Manager/Development Services reviewed the Regulations Agenda Report dated June 12, 1995. Will King, Post Office Box 2795, Costa Mesa, objected to the City regulating garage sales. Charles Robertson, 1885 Tahiti Drive, Costa Mesa, felt that enforcement of the existing restrictions on garage sales is a problem. He suggested that the police make note of garage sales that are being held on a regular basis. Heather Somers, 427 East 17th Street, Costa Mesa, President of the East Side Homeowners Association, reported that many residents on the east side are operating garage sales as a business and using the public right-of-way. She was in favor of specifying certain weekends on a Citywide basis or in designated areas. She recommended to limiting garage sales to household items only. Phil Morello, 1715 Samar Drive, Costa Mesa, felt that garage sales should be limited to two a year. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, reported that there are many residents on the west side of Costa Mesa who are operating garage sales as a business. MOTION On motion by Council Member Monahan, seconded by Council Authorized Member Hornbuckle, and carried 3-1, Mayor Pro Tem Buffa voting Preparation of no, staff was directed to bring back a document specifying four Amended Garage weekends a year for garage sales, for each quarter, on a Citywide Sale Ordinance basis; using Option 4 from the Agenda Report dated June 12, 1995: "Amend code to limit garage sales to used household or personal items".: -and include a stipulation that if it rains on a scheduled garage -sale weekend, another weekend shall be selected. 1 Mayor Erickson addressed the possibility of allowing a one-time permit for those residents in need of an emergency ' garage sale. Council Member Hornbuckle suggested that staff provide Council with direction on options for that particular situation. Mayor Pro Tem Buffa did not support the motion because he felt that the proposal did not address the real issue, which is enforcement. The Deputy City Manager/Development Services stated that this item will probably be back to Council on July 17, 1995. RECESS The Mayor declared a recess at 8:50 p.m., and reconvened the meeting at 9:00 p.m. NEW BUSINESS The Deputy City Clerk presented a request from Council Member OCTA Bus Service on Monahan for a resolution supporting changes in Orange County Orange Avenue Transportation Authority (OCTA) bus service on Orange Avenue. Council Member Monahan summarized the Agenda Report dated June 15, 1995. Will King, Post Office Box 2795, Costa Mesa, suggested that the bus service be relocated from Orange Avenue to Irvine Avenue. Heather Somers, 427 East 17th Street, Costa Mesa, President of East Side Homeowners Association, encouraged Council to support moving the bus route to Newport Boulevard so the buses no longer would go through a residential neighborhood, and to expose riders to the business section of Costa Mesa. Jay Riley, 2270 Orange Avenue, Costa Mesa, supported removal of the bus route from Orange Avenue. MOTION On motion by Council Member Monahan, seconded by Mayor Pro Resolution 95-56 Tem Buffa, and carried 4-0, Resolution 95-56, A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) TO CHANGE BUS SERVICE ON ORANGE AVENUE (ROUTE 53), was adopted; and the City Clerk was authorized to transmit to the OCTA the requested changes to OCTA. Council Member Monahan announced that the OCTA Board has the final decision regarding the changes and will be holding a public hearing on this issue on June 26, 1995, at 9:00 a.m., at the Orange County Hall of Administration, Santa Ana. The City Manager suggested that residents interested in voicing their comments to the OCTA Board Members could obtain a list of names through his office, the Public Services Department, or Council Member Monahan. NEW BUSINESS The Deputy City Clerk presented a request from Mayor Pro Tem Review of Trip Fee Buffa for review of the trip fee rate to be assessed to Arnel Rate to Arnel Development Company for the Metro Pointe project. The City Development Attorney summarized his Report No. 95-54, dated June 15, 1995. Company Council Member Monahan announced that he would be abstaining from voting on this item. Mayor Erickson asked the City Attorney if he felt there had been a change in methodology. The City Attorney responded that his office interpreted the changes to be the trip generation rates, not the amount of the fee. He felt that the fee as stated in Exhibit "B", Page 7, is fixed at $228.00. He also indicated that the methodology 126 language on trip generation rate was negotiated by the Public Services Department. Leonard Hampel, Rutan and Tucker, 611 Anton Boulevard, Suite 1400, Costa Mesa, representing Arnel Development Company, stated that last year Arnel brought a development the City which reduced the Floor Area Ratio (FAR) on their property from 1.16 to .48, well within the City's General Plan densities he noted that six - acres were added to the project to avoid any additional development downstream, and the use was changed from 15 -story office buildings to commercial usage which will generate $1.5 million dollars a year in revenue for the City. Mr. Hampel suggested that the City would be placing the Arnel Development Company at a competitive disadvantage to similar developments in other cities if their trip end fees were not reduced to $200.00. Considerable discussion ensued regarding the methodology relating to trip ends. Will King, Post Office Box 2795, Costa Mesa, mentioned that each developer should be assessed the same trip fee. Gary Monahan, .139 Albert Place, Costa Mesa, speaking as a member of the public and not as a Council Member, asserted that excessive traffic impact fees have created an anti -business element in the City. He stated that considerable discussion has taken place to determine a fair traffic fee, and if $200.00 per trip end has been found to be fair, all developers should be assessed that amount. Mayor Pro Tem Buffa believed that the trip end fee for Arnel should be reduced to $200:00 because of the reference in the development agreement to $228.00 as the maximum traffic impact fee. He stated that this implies, and was always intended to be, an interim fee, that the intent is clear, in the development agreement that $228.00 was the maximum traffic impact fee. 'He felt it would be unfair for the City to say: for all, major developments in north Costa Mesa, the nexus indicates a fair fee of $200.00; however, for this one major development in the north end, the nexus will be $228.00. He mentioned that Arnel is the one major property owner who has paid the most for improvements which the citizens enjoy on the north end, and have contributed at that level for the past six or seven years. Council Member Hornbuckle agreed with a review of the trip rate fee, but did not support a reduction in the trip rate fee at this time because of some questions she would like answered such as, what fees have been paid, and how much is projected to be paid, and the difference in the dollar figure. She requested that this item be brought back to Council in two weeks. The City Attorney stated that the information would be available for Council at the meeting of July 5, 1995. Leonard Hampel, reported that Arnel is way ahead in terms of advancing monies for improvements than that required by the development agreement. Mayor Erickson asked if the Arnel Development Company would have a problem with this item being continued. Mr. Hampel responded that he had hoped that this issue would be resolved before the ground breaking on June 27, 1995, however, he did understand Council Member Hornbuckle's request for a continuance. 1 Council Member Hornbuckle was of the opinion that Arnel Development Company benefitted from getting out from under a commitment to build 15 -story buildings and disagreed with a comment by Mr. Hampel suggesting that the change in the development agreement benefitted the City, and not Arnel. She reiterated that she needed additional information from staff before voting on this issue. Motion to Reduce the Mayor Pro Tem Buffa made a motion that the traffic fee per trip end Fee Died for Lack of be reduced from $228.00 to the existing $200.00 for the Metro a Second Pointe project. The motion died for lack of a second. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Continued to Member Hornbuckle, and carried 3-0, Council Member Monahan July 5, 1995 abstaining, to continue the item to the meeting of July 5, 1995. The Mayor Pro Tem asked the City Attorney for specific examination of the nexus issue, foi,instance, is there a nexus between $228.00 and the current list of traffic improvements to be accomplished, and what is the nexus between $200.00 and those improvements. CITY ATTORNEY'S The Deputy City Clerk presented City Attorney's Report No. 95-55 REPORT regarding the public testimony requirement of the Ralph M. Brown Time Period for Act, and a proposed resolution on a time period for testimony at Testimony at Council Meetings. The City Attorney reviewed his report dated Council Meetings June 14, 1995. He noted that on Page 2, Paragraph 3, Line 6, "McIntosh v. White" was incorrectly cited. It should be "856 F. 2d 1185". Will King, Post Office Box 2795, Costa Mesa, stated that the public should be permitted to speak for five minutes at Council meetings. William Robert Smith Jr., 113 Georgetown Lane, Costa Mesa, opposed the three-minute time limit placed on speakers at Council meetings. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Resolution 95-57 Monahan, and carried 4-0, Resolution 95-57, A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING LIMITATION ON PUBLIC TESTIMONY AT CITY COUNCIL MEETINGS, was adopted. Mayor Erickson commented that the reason for having a time limit for testimony is to give an opportunity to all who wished to speak to voice their concerns to Council. Council Member Hornbuckle explained that Council does grant additional time to those members of the public who have pertinent information on an issue. CITY ATTORNEY'S The City Attorney requested a . closed session pursuant to REPORT/Request Government Code Section 54956.9(a) to discuss the following for Closed Session: lawsuits: 20th Century Insurance Company v. City of Costa Mesa, 20th Century, Harbor Municipal Court Case No. 95C1440 (Margaret Wixted); Souksakhone, Johnny Souksakhone v. City of Costa Mesa, et al., Orange County Nimmo, and Barker Superior Court Case No. 742357; request for defense of the Police Lawsuits Chief in William Lee Nimmo, dba Nimmo Security Service, and Peter Jensen V. City of Costa Mesa, Orange County Superior Court Case No. 74 50 18; and request for defense of Police Officer Mitchell Johnson in Cleopatra Barker, Gloria Jenkins, and Roszalin Evans v. City of Costa Mesa, et al., United States District Court 328 Case No. SACV95-130 GLT (EEx). Mayor Erickson announced that closed session would be held after completion of regular business. COUNCIL COMMENTS Mayor Erickson announced that the City has been chosen by Little Regional Playoffs in League and Pony League Baseball to hold their regional playoffs at Costa Mesa TeWinkle Park, Costa Mesa High School, and Kaiser School. ADJOURNMENT TO At 9:55 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 10:10 p.m., and the action RECONVENED taken during closed session was announced. MOTION/20th In 20th Century Insurance Company v. City of Costa Mesa, Harbor Authorized Settlement Municipal Court Case No. 95C1440 (Margaret Wixted), by a vote of 20th Century of 4-0, Council authorized the City Attorney to settle as Insurance Lawsuit recommended in the Assistant City Attorney's confidential memorandum dated June 6, 1995. MOTION In Johnny Souksakhone v. City of Costa Mesa, et al., Orange Authorized Settle- County Superior Court Case No. 742357, by a vote of 4-0, Council ment in Souksakhone authorized the City Attorney to tender the statutory settlement Lawsuit request as outlined in the Assistant City Attorney's confidential memorandum dated June 13, 1995. MOTION Regarding the request for defense of the Police Chief in William Lee Authorized Defense Nimmo, dba Nimmo Security Service, and Peter Jensen v. City of of Police Chief in Costa Mesa, Orange County Superior Court Case No. 74 50 18, by Nimmo Lawsuit a vote of 4-0, the request was granted for the preliminary phase of the case. MOTION Regarding the request for defense of Police Officer Mitchell Johnson Authorized Defense in Cleopatra Barker, Gloria Jenkins, and Roszalin Evans v. City of of Police Officer in Costa Mesa, et al., United States District Court Case No. SACV95- Barker, et al. Law- 130 GLT (EEx), by a vote of 4-0, the request was granted for the suit preliminary phase of the case. OLD BUSINESS The Deputy City Clerk presented from the meeting of June 5, 1995, Cable Television a resolution approving the transfer of control of a cable television Franchise Transfer franchise from the Providence Journal Company to Continental Cablevision, Inc. The City Attorney reviewed his Report No. 95-56 dated June 15, 1995. There were no representatives present from either cable company. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Settlement Hornbuckle, and carried 4-0, the Settlement Agreement was Agreement Approved approved based on the following findings: Continental agrees to assume all obligations under the current franchise; Continental has a financial basis to perform the franchise obligations; and Copley/Colony currently complies with its obligations under the franchise. Mayor Erickson commented that the financial aspects of Continental were not that strong, and if rates are raised to compensate for low profitability, it will be taken into account when the time comes to renew the contract. 1 1-1 The Communications Director reported that Copley/Colony. notified him that the overall subscriber rate will be less than the current rate effective July 1, 1995. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Resolution 95-58 Hornbuckle, and carried 4-0, Resolution 95-58, A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE FROM THE PROVIDENCE JOURNAL COMPANY TO CONTINENTAL CABLEVISION INC., was adopted subject to minor revisions to be made by the City Attorney. ANNOUNCEMENT' Mayor Erickson announced that the next City Council meeting will be held on Wednesday, July 5, 1995, at 6:30 p.m. ADJOURNMENT The Mayor declared the meeting adjourned at 10:15 p.m. �L lCu. �- Ma of the City of Costa Mesa ATTEST: T Deputy City Jerk of the City of Costa Mesa