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HomeMy WebLinkAbout10/02/1995 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 2, 1995 The City Council of the City of Costa Mesa, California, met in regular session October 2, 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 Council Member Monahan, and invocation by Mr. Wayne Kraiss, Southern California College. ROLL CALL Council Members Present: Mayor Joe Erickson Mayor Pro Tem Peter Buffa Council Member Mary Hornbuckle Council Member Sandra Genis Council Member Gary Monahan Council Members Absent: None 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 Budget & Research Officer Richard Averett Assistant to the City Manager Ann Gyben Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council Member September 18, 1995 Hornbuckle, and carried 5-0, the minutes of the regular meeting of September 18, 1995, were approved as distributed. ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by Council RESOLUTIONS Member Genis, and carried 5-0, to read all ordinances and resolutions by title only. NEIGHBORHOOD Council Member Monahan announced that the September Neighbor - WATCH hood Watch meeting was held by Debbie Erickson on . Harbor PROGRAM Boulevard, September 27, 1995, at 7:00 p.m. ANNOUNCEMENT Mayor Erickson announced that New Business No. 7, Request for monthly reports from the'Police Department, would be continued to the meeting of October 16, 1995. . ORAL COMMUNI- Bert Ohlig, 1528 Santiago Drive, Newport Beach, reviewed a CATIONS/Mesa communication he submitted to Council enumerating difficulties Consolidated Water which the Mesa Consolidated Water District is experiencing with District. residents who live in proximity to Reservoir No.. 2 (at the Lindbergh School site), the Metropolitan Water District, Air Quality Management District, County Health Department, and the Newport - Mesa Unified School District. Mayor Erickson noted that New Business No. 4 addresses a Water District/Coalition of Costa Mesa Homeowners Association community forum, to be held October 24, 1995, at 7:00 p.m., in the Council Chambers. Lindbergh School Site Use Mesa Consolidated Water District CONSENT CALENDAR MOTION/Approved READING FOLDER Claims WARRANTS Approved Warrant 1607; Payroll 9518 REJECTED CLAIMS Burns Stafford ADMINISTRATIVE ACTIONS/Awarded Bid Item 983, Two Police Vehicles, to Downtown Ford Awarded Concrete Repair and Tree Re- placement, Project 95-13, to Bopark Dee Storme, 182 Brandywyne Terrace, Costa Mesa, thought that the Newport -Mesa Unified School District's plans to relocate programs from Bear Street School to the Lindbergh School site would be disruptive to her neighborhood. She asked that a representative from the City Council attend the School District meeting on Wednesday, October 4, 1995, 7:00 p.m., Kaiser Elementary School, 2130 Santa Ana Avenue, to ask questions about their proposed plans. Mayor Erickson added that tours of the Bear Street School will be conducted between 10:00 a. m. and 2:00 p. m., on October 4 prior to the evening meeting at Kaiser Elementary School. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, representing Coalition for Clean Water, Costa Mesa, described many problems within the Mesa Consolidated Water District, including the sexual harassment issue, design of the new reservoir, financial difficulties, lost fossils, and more. She stated that the Water District Board of Directors is limited in its effectiveness to change matters, and felt that the District should once again answer to the public. Nancy Palme, 1997 Kornat Drive, Costa Mesa, questioned the fiscal stability of the Mesa Consolidated Water District. She reported that the credentials of the District's' financial manager were challenged at a recent meeting, which revealed that she did not have formal training, nor a degree in accounting or finance. She reiterated that the District is in debt, and continual rate increases will be required to meet demands. Mrs. Palme suggested a "clean sweep" to change the management of the District, with the Board directing the actions of the General Manager. On motion by Council Member Hornbuckle, seconded by Mayor Pro Tem Buffa, and carried 5-0, all Consent Calendar items were approved as recommended. The following Reading Folder items were received and processed: Claims received by the Deputy City Clerk: Jefferson and Pamela Hornsby; Linda Van Den Brink; and Joseph A. Wear. Warrant Resolution 1607, funding City operating expenses in the amount of $1,268,789.19; and Payroll 9518 for $1,277,454.40, were approved. The following claims were rejected: Barbara K. Burns (trip and fall). Steve Stafford (alleges vehicle tires damaged by'. roadway conditions). Bids received for Bid Item No. 983, Two Police Patrol Vehicles (1996 models), are on file in the City Clerk's office. The contract was awarded to Downtown Ford Sales, 525 North 16th Street, Sacramento, for a total cost of $39,995.00, including tax. Bids received for Parkway Concrete Repair and Tree Replacement, Project No. 95-13, are on file in the City Clerk's office. The contract was awarded to Bopark Enterprises, Inc., 4571 Warner Avenue, No. 102, Huntington Beach, for $714,193.98. [1 [1 Adopted Resolution Resolution 95-79, A RESOLUTION OF THE CITY COUNCIL OF 95-79; Approved THE CITY OF COSTA- MESA, CALIFORNIA, FINDING AND Amendment to West DETERMINING TO WAIVE THE BID PROCESS AND Coast Arborists AUTHORIZE A SOLE SOURCE CONTRACT FOR TREE Tree Maintenance MAINTENANCE SERVICES, was adopted; and an amendment to Contract the tree maintenance contract with West Coast Arborists, Inc., 7072 Thomas Street, Buena Park, for a ten-year extension, was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Permit Notice of Intention to Appeal or Solicit for Charitable Purpose from for Girl Scout Girl Scout Council of Orange County, 1620 Adams Avenue, Costa Council Mesa, to sell calendars and nuts from October 1 to December 31, 1995, and _sell cookies from January 1 to April 30, 1996, was approved pursuant to Municipal Code Section 9-127(d). PUBLIC HEARING The Deputy City'101erk announced the public hearing, continued 1995-96 User Fees from the meeting 'of September 18, 1995, to consider 1995-96 User Fees: Second reading and adoption of Ordinance 95-16, establishing new regulatory fees; and a resolution establishing and adopting schedules of rates, fees, and charges for services by the City of Costa Mesa [Neighborhood, Downtown, Rea, and Balearic community centers; and Learn to Swim (private) and (semi -private) programs]. The Budget & Research Officer reviewed the Agenda Report dated September 21, 1994. The Community Services Director responded to questions from Council. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Council Ordinance 95-16 Member Genis, and carried 3-2, Council Members Buffa and Adopted Monahan voting no, Ordinance 95-16, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, ADDING SUBSECTIONS 27 THROUGH 40, INCLUSIVE, TO SECTION 2-450 OF THE COSTA MESA MUNICIPAL CODE ESTABLISHING NEW REGULATORY FEES, was given second reading and adopted. MOTION On motion by Council Member Hornbuckle, seconded by Council Resolution 95-80 Member Genis, and carried 5-0, Resolution 95-80, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES, AND CHARGES FOR SERVICES BY THE CITY OF COSTA MESA, was adopted. OLD BUSINESS The Deputy City Clerk presented the West 19th Street/Monrovia 19th/MonroviaTraffic Avenue traffic signal study. The Public Services Director Signal Study summarized the Agenda Report dated September 21, 1995, and showed a diagram of the area. Cathy Hilterbran, Vantage Foundation, 661 Hamilton Street, Costa Mesa, asked about the handicap ramps at Harbor Boulevard and Nutmeg Place. The Public Services Director responded that since this intersection is scheduled to be upgraded in the near future, a variance is being investigated to allow interim improvements. The City Manager added that the goal is to find a short-term solution at a low cost. Mayor Erickson told Ms. Hilterbran that a response would be forthcoming within 30 days. V MOTION/Authorized A motion was made by Council Member Hornbuckle, seconded by Crosswalks Council Member Genis, and carried 5-0, determining that the traffic signal for this intersection is- not warranted at this time, and authorizing the development of crosswalks on the south and east legs hof the intersection to complete present crosswalk configuration. OLD BUSINESS Public Agency Exemptions MOTION/Directed City Attorney to Prepare Ordinance NEW BUSINESS Budget Adjustments MOTION Received and Filed The Deputy City Clerk presented permit requirements and exemption of public agencies from deposits and fees. The Public Services Director reviewed the Agenda Report dated September 25, 1995. On motion by Council Member Genis, seconded by Mayor Pro Tem Buffa, and carried 5-0, the City Attorney was directed to prepare an ordinance requiring contractors, acting as agents for other public agencies, to meet Code requirements. The Deputy City Clerk presented authorization by four of five Council Members for budget adjustments which require City Council approval. The City Manager summarized the Agenda Report dated September 21, 1995.. Council Member Genis stated that even though Council has been prudent about approving budget adjustments, she thought that a policy should be instituted to ensure that the budget is followed once it is adopted. She appreciated the fact that approval of an adjust- ment requires an affirmative vote by at least three Council Members. Council Member Hornbuckle opposed making the approval of budget adjustments for public works projects more difficult. Greg Brown, 2501 Christopher Lane, Costa Mesa, stated that he liked what Council was doing with the budget, and asked how much money was currently involved. The City Manager responded that the Operating Budget is approximately $58 million, and the Capital Improvement budget is approximately $12 million. Mr. Brown asked for a scheduleof Council meetings for the upcoming year. Mayor Erickson stated that he would forward a letter this week with the dates. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, President of the East Side Homeowners Association, asked if the City Manager were allowed any discretionary movement of funds between budgeted items. The City Manager replied that his authority is limited to $10,000.00 for individual categories of the budget, i.e., salary accounts, and materials and supplies. Council Member Genis asked staff to investigate a mechanism whereby budget adjustments would require two hearings unless a 5-0 or super majority vote is received. Council Member Hornbuckle suggested that capital improvements be an exception, particularly if they are in the budget. Mayor Pro Tem Buffa proposed that the procedure shall affect only those budget adjustments for $10,000.00 or more. Council Member Genis agreed to instituting this procedure as part of the budget process next year. The City Manager thought that this should be considered prior to budget discussions, possibly by the end of this year. A motion was made by Council Member Genis, seconded by Council Member Hornbuckle, and carried 5-0, to receive and file the report, 1 L -J NEW BUSINESS The Deputy City Clerk presented a request for determination of ABC License Appli- public convenience or necessity for an alcoholic beverage license cation, The Wrapper/ application from Helene Briggs, doing business as The Wrapper, Briggs 3333 Bristol Street, Suite 1516. The Deputy City Manager/Develop- ment Services reviewed the Agenda Report dated September 20, 1995. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Made Finding of Monahan, and carried 5-0, a finding of "public convenience or "Public Convenience necessity" for premise -to -premise transfer of an existing off -sale or Necessity" beer and wine license was made for The Wrapper. Council Member Genis stated that even though she had concerns about proliferation of ABC licenses in some areas, she supported this motion because the application relates to purchase of alcohol for a gift. a=r NEW BUSINESS The Deputy City Clerk presented a request from Council Member Code Enforcement Monahan to consider training City employees, (including Council Training for City Members) to enforce various sections of the Municipal Code. The Employees City Manager reviewed the Agenda Report dated September 28, 1995. Nancy Palme, 1997 Kornat Drive, Costa Mesa, reported that the Access Appeals Board has asked the Police Department to attend their workshop on Tuesday, October 10, 1995, to discuss handicap parking, and invited Council to attend. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, asked if City staff would receive overtime compensation for expanded duties. The City Manager responded that they would not since enforcement would occur during normal shift hours. Mrs. Somers asked if volunteers would be accepted for this program. The City Attorney explained why volunteers could not be used, specifically citing liability concerns. Mrs. Somers felt that the concept of volunteerism, especially by senior citizens and the handicapped, should be promoted. MOTION A motion was made by Council Member Monahan, seconded by Approved Code Council Member Genis, and carried 5-0, to approve the list of Enforcement List of Municipal Code violations on Page 2 of the Agenda Report dated Violations and September 28, 1995, to be enforced through this program, with the Classifications addition of handicap parking and obstruction of sidewalks; and to approve the recommended classifications for training listed on Pages 4 and 5, but excluding the Development Services Director, Public Services Director, and Plan Checker. Mayor Pro Tem Buffa supported the motion with an extreme amount of caution due to the large liability questions involved. He opposed Council Members becoming involved. Council Member Hornbuckle agreed with eliminating Council M6mbers and volunteers from the program. She suggested discussing the five concerns expressed by the Personnel Services Director, found on Page 6 of the Agenda Report, the next time this item is addressed. Council Member Genis supported the motion but did not believe that every employee should be a code enforcement officer. She felt that utilizing an employee who is already in the field is an efficient way to enforce codes. The City Manager stated that a report indicating progress of the program will be prepared every 30 days starting in November. C NEW BUSINESS The Deputy City Clerk presented a request to use the Council Water District/ Chambers and provide cable coverage of a Mesa Consolidated Water Homeowners District/Coalition of Costa Mesa Homeowners Associations Community Forum community forum. The Assistant to the City Manager reviewed the Agenda Report dated September 25, 1995. She responded to questions from Council. Nancy Palme, 1997 Kornat Drive, Costa Mesa, representing Coali- tion of Costa Mesa Homeowners Association, stated that this is the first in a series of . meetings, and will be held in the Council Chambers October 24, 1995, at 7:00 p.m. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, President of the East Side Homeowners Association, encouraged Council to approve this request because the forum would allow the citizens to better evaluate the Water District. MOTION j A motion was made by Council Member Hornbuckle, seconded by Request Approved Council Member Genis, and carried 5-0, to approve the request and to waive the fees for cable coverage, with the understanding that representatives from the Mesa Consolidated Water District will be in attendance. NEW BUSINESS The Deputy City Clerk presented a request from St. John the Baptist Request from St. Catholic School, 1021 Baker Street, Costa Mesa, to waive fees for John the Baptist use of the Show � Wagon. The Community Services Director Catholic School for reviewed the Agenda Report dated September 25, 1995. He Waiver of Fees responded to questions from Council. MOTION A motion was made by Council Member Hornbuckle, seconded by Request Denied Council Member Genis, to deny the request. Substitute Motion A substitute motion was made by Mayor Pro Tem Buffa, seconded to Waive Fees Failed by Council Member Monahan, to waive the fees for use of the Show to Carry Wagon. The substitute motion failed to carry 3-2, Council, Members Erickson, Hornbuckle, and Genis voting no.' The original 'motion carried 3-2, Council Members Buffa and Monahan voting no. ` Council Member Genis suggested that staff investigate a nonprofit rate for this type of request. NEW BUSINESS The Deputy City Clerk presented Senate Bill 2, authorizing term• SB2, Term Limits , limits for governing bodies. The City Attorney summarized his Report No. 95-98 dated September 22, 1995. MOTION On motion by Council Member Monahan, seconded by Mayor Pro Staff Directed to Tem Buffa, and carried 4-1, Council Member Hornbuckle voting no, Prepare Term Limit staff was directed to prepare an ordinance on term limits for the Ordinance meeting of January 2, 1996, to be placed on the November 5, 1996, ballot; and the City Manager was directed to correspond with the Secretary of State to ascertain the possibility of qualifying the ordinance for the primary election on March 26, 1996, and to determine whether the ordinance will affect candidates running in the November 5, 1996, election if the ordinance is also on that ballot. Council Member Hornbuckle felt that because of the holidays, the meeting of January 15, 1996, would be more appropriate. Council Member Monahan responded that a delay of two weeks might make it impossible to meet the March 26, 1996, primary election deadline. Council Member Hornbuckle opposed placing the ordinance on the March, 1996, ballot due to the estimated cost to the City of $14,000.00 to $18,000.00; whereas, the cost of placing it on the November, 1996, ballot would be $500.00. Council Member. Genis supported the motion because she had confidence that the average voter was capable of making these decisions, and felt that they should have the option to choose. She stated that her support of the motion did not signify support for the issue itself. Council Member Hornbuckle hoped that the ordinance would clearly address the affect on sitting Council Members. NEW BUSINESS The Deputy City Clerk presented a request for monthly reports from Police Department the Police Department on arrests made in the City and their progres- Arrest Report sion through the court system. MOTION On motion by Council Member Hornbuckle, seconded by Council Continued to Member Monahan : and carried 5-0, this item was continued to the October 16, 1995 meeting of October 16, 1995. COUNCIL Council Member Monahan asked the City Manager to provide a COMMENTS report on the process of annexing of County pockets, and suggested Annexation of County working jointly with Newport Beach on this issue. The City Pockets Manager replied that this matter had been identified as a Council goal, and acknowledged that the timing was appropriate to move forward. Recreation Programs Council Member Genis asked that the Parks, Recreation Facilities and Parkways Commission look at the recreation programs in terms of the number of participants, not just participant days. She was AQMD on Reg 15 pleased with the action taken in Sacramento with the "reining in" of the Air Quality Management District '(AQMD) on Regulation 15, and thought that might save the cities some money. She gave a brief County Charter report on the committee preparing the County Charter, stating that steps are being taken in the right direction. Historical Society Mayor Erickson reported that a letter had been received from Charles Beecher requesting that 'the efforts of the Costa Mesa Historical Society be recognized for its work over the years. The Mayor commended the Society for their work with the Estancia Adobe, the Orange County Fair, and many other activities in the Down Syndrome City. He announced that October is National Down Syndrome Awareness Awareness month. Mayor Erickson congratulated Julie Collett, a Costa Mesa resident and daughter of a member of the Police Depart - National Softball ment, for her participation in the girls softball team which won this Championship year's national championship. ADJOURNMENT _ The Mayor declared the meeting adjourned at 8:30 p.m. Ma r of the City of Costa Mesa ATTEST: Deputy City erk of the City of Costa Mesa