HomeMy WebLinkAbout03/18/1996 - City CouncilU3
REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
MARCH 18, 1996
The City Council of the City of Costa Mesa, California, met in
regular session March 18, 1996, 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 Dr. John Wilson, 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 Katlic
Deputy City Manager/Development
Services Donald Lamm
Public Services Director William
Morris
Communications Director Vince
Whelan
Community Services Director Keith
Van Holt
Administrative Assistant Irma
Hernandez
Deputy City Clerk Mary Elliott
MINUTES On motion by Council Member Hornbuckle, seconded by Mayor Pro
March 4, 1996 Tem Buffa, and carried 5-0, the minutes of the regular meeting of
March 4, 1996, 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 extended a welcome to Council Member Barry
Hammond from the City of Irvine.
PRESENTATION Norma Cortez, 1741 Pomona Avenue, Costa Mesa, representing the
Alternative Education Alternative Education Center at Monte Vista High School reported
Center Report that two staff members will receive an Assessment and Treatment
Services Center award for going "above and beyond the call of duty"
for teenagers; the Back Bay Bombers basketball team was formed in
December and is funded by donations; and two staff members are
featured in the Newport -Mesa Unified School District's faculty art
show which is now on display in the Newport Beach City Hall.
ORAL COMMUNI- Barry Hammond, 166 West Yale Loop, Irvine, a member of the El
CATIONS/Measure Toro Reuse Planning Authority, reported on the public meeting held
S and the Proposed February 29, 1996, which addressed a report entitled "Opportunities
El Toro Conversion for Commercial Aviation Development at MCAS (Marine Corps Air
Station) El Toro", copies of which he provided to Council. Council
Member Genis pointed out that Measure S had been addressed at a
previous Council meeting, and that topics discussed during Oral
Communications should be matters which are under the jurisdiction
of the City Council. Mr. Hammond added that the preliminary
;report is a critical component of the ongoing study, and concluded
by reviewing the report's salient issues.
Dan Stringer, 700 South Bay Front, Newport Beach, spoke briefly
regarding Measure S, stating that he took the opposite position to
that of the previous speaker.
Suburbia Park Moon Liz McCormack, 3234 Montana Avenue, Costa Mesa, disagreed
Structure with local Boy Scouts who, as reported in the Daily Pilot, objected
to renovation of the moon structure in Suburbia Park (California
Street and Nevada Avenue). She gave Council a two-sided photo-
; graph illustrating some of the dangers of the moon structure, and
enumerated her concerns: the structure is a safety hazard because
it limits the ability to see transients and the homeless who use the
Santa Ana River trail; visibility is limited between the two tot lots;
the craters contain standing water and broken glass; and the metal
railing is dangerous for children running down from the top. She
suggested keeping the dedication plaque which honors the moon
walk and incorporating it into a new sign, small statue, or structure
to be placed at the entry to the park. The City Manager responded
that this issue will be considered as part of the budget process, and
:reported that Ms. McCormack will be advised of the appropriate
meetings to attend.
Kathleen Esfahani, 3205 Delaware Place, Costa Mesa, referred to
a petition signed by 70 neighbors supporting removal of the moon
structure, stating that the structure is very steep and dangerous.
Neighborhood Signs ;Roland Wood, 1079 Cheyenne Street, Costa Mesa, Vice President
of Mesa North Community Association, reported on the Asso-
ciation's efforts to lower crime rates in north Costa Mesa, including
a private patrol program and related signage. He displayed a sign
which he is currently prohibited from hanging on light standards or
posting in the public right-of-way, and asked permission to replace
'the Neighborhood Watch signs with the private patrol signs. Mr.
Wood denied that the sign is commercial, emphasizing that the
'company name on the sign is intended to deter criminals. Council
,Member Genis clarified that posting signs in the public right-of-way
has always been prohibited by the sign ordinance; however, previous
enforcement left something to be desired. She asked that an
investigation be launched into signs on private property which
advertise companies such as pool and remodeling.
CONSENT The following item was removed from the. Consent Calendar: Item
CALENDAR 5(d), Claim from Dana Wathen.
MOTION/Approved On motion by Council Member Hornbuckle, seconded by Mayor Pro
Except Item 5(d) Tem Buffa, and carried 5-0, the remaining Consent Calendar items
were approved as recommended.
WRITTEN COMMU- Resolution 96-25, A RESOLUTION OF THE CITY COUNCIL OF
NICATIONS/Adopted THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING
Resolution 96-25 RECORDS DESTRUCTION FOR THE FIRE DEPARTMENT OF
Authorizing Fire THE CITY OF COSTA MESA PURSUANT TO ORDINANCE
Records Destruction NO. 75-60, was adopted.
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READING FOLDER The following Reading Folder items were received and processed:
Claims Claims received by the Deputy City Clerk: Julie Brogan;
Enterprise Rent-A-Car; Edward and Diane Gonzalez; Kay Lieb,
Sandy Porter, and Caroline Bauer; Terry D. Melum, and Thomas
A. "Tony" Melum; Mercury Insurance Company/Jose Pena;
Mercury Insurance Group/Debbie Serrano; and The Hertz
Corporation.
SET FOR PUBLIC Resolution 96-26, A RESOLUTION OF THE CITY COUNCIL OF
HEARING THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING
Adopted Resolution AND DECLARING THAT RUBBISH AND WEEDS ARE A
96-26 Setting Hearing PUBLIC NUISANCE; DIRECTING THE FIRE CHIEF OR HIS
on April 1, 1996, for DESIGNEE TO REMOVE SAID RUBBISH AND DESTROY SAID
Weed Abatement WEEDS AS REQUIRED BY LAW; FIXING THE TIME FOR
HEARING ALL , OBJECTIONS OR PROTESTS; AND
DIRECTING THE ABATEMENT OF SAID RUBBISH AND
WEEDS, was adopted setting a public hearing on April 1, 1996, at
6:30 p.m.
WARRANTS Warrant Resolution 1619, funding City operating expenses in the
Approved Warrant amount of $1,262,762.24; and Payroll 9604 for $1,315,877.66, were
1619; Payroll 9604 approved.
REJECTED CLAIMS The following claims were rejected:
Hoevel Elizabeth Hoevel (alleged violation of civil rights).
Johnson Eddie L. Johnson (alleged bodily injury and violation of civil
rights by Costa Mesa police).
Paff Dana Paff (tree roots damaged sewer lateral).
ADMINISTRATIVE Bids received for State Route 55 Overcrossings Streetlight
ACTIONS/Awarded Installation, Project No. 96-01, STPLH-5312(010), are on file in the
SR 55 Streetlights to City Clerk's office. The contract was awarded to Signal
Signal Maintenance, Maintenance, Inc., 2283 Via Burton Street, Anaheim, for
Project No. 96-01 $19,455.00.
Awarded Newport Bids received for Newport Boulevard - Metal Beam Guardrail, 22nd
Boulevard Guardrail Street Overcrossing Chainlink Railing Installation, Project No.
and Railing Installa- 96-02, STPLHG-5312(012), are on file in the City Clerk's office.
tion to Azcraft, The contract was awarded to Azcraft Services, Inc., 209 East
Project No. 96-02 Broadway, No. C, Vista, for $41,748.00.
Accepted Work by Modification of Existing Jail Facility Heating and Ventilation System
C & E Engineering to Provide Air Conditioning at 99 Fair Drive, Project No. 95-12,
for Jail Air Condi- was completed to the satisfaction of the Public Services Director on
tioning Modification, February 28, 1996, by C & E Engineering and Construction, Inc.,
Project 95-12 2741, East Regal Park Drive, Anaheim. The work was accepted; the
Deputy City Clerk was authorized to file a Notice of Completion;
authorization was given to release retention monies 35 days
thereafter; the Labor and Material Bond was ordered exonerated 7
months thereafter; and the Performance Bond was ordered
exonerated 12 months thereafter.
Approved Refund of A request for refund of a $15,000.00 cash deposit from Christina
Cash Deposit to Lien Lien and Tin Chuan Peng, developers, 8831 Midbury Drive,
and Peng, for Tract Huntington Beach, was approved, since street improvements have
14470 been completed in Tract 14470, 2176 Pacific Avenue.
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Approved Final Map The Final Map was approved for Tract 15155, located at 120 - 23rd
for Tract 15155/ Street; one lot, 0.455 -acre, for residential condominiums; VNE
VNE Development Development, Inc., developer, 1048 Irvine Avenue, Suite 363,
Newport Beach; and the Deputy City Clerk was authorized to sign
on behalf of the City.
Approved Agreement "Purchase Agreement and Escrow Instructions" to acquire property
to Acquire Texaco at 3001 Harbor Boulevard from Texaco Refining and Marketing,
Property, 3001 Inc., 10 Universal City Plaza, Suite 1001, Universal City, for the
Harbor Boulevard Harbor Boulevard widening, Dale Way to Date Place, was
.approved, and the Public Services Director was authorized to sign
on behalf of the City.
Approved Change Or- Change Order "A" for $16,000.00 to Contract No. 546-003
der "A" to Vandorpe with Vandorpe Chou Associates, Inc., 295 North Rampart
Chou Contract for Street, Suite A, Orange, for employment contractual services, was
Employment Services approved.
Claim from Dana Item 5(d) on the Consent Calendar was presented: Claim from Dana
Wathen Wathen (reimbursement of vehicle tow fees). Council Member
Genis commented that this issue is frequently brought before
Council, wherein an individual is arrested, their vehicle towed, they
are subsequently found not guilty but still must pay the towing and
storage fees. She felt that this matter should be addressed. The
City Manager responded that the City is investigating the towing
contracts to determine if there is a mechanism whereby the towing
and storage fees may be waived in this type situation. He stated that
per Council Member Genis' request, this will be discussed at the
April 8, 1996, Study Session. The City Attorney noted that even if
the claim were rejected, it may be settled at a later date. Council
Member Genis thought that the City was overzealous in towing
vehicles, and this should also be discussed.
MOTION On motion by Council Member Genis, seconded by Council Member
Rejected Claim Hornbuckle, and carried 5-0, the claim was rejected.
OLD BUSINESS The Deputy City Clerk presented the Shopping Cart Abatement
Shopping Cart Program retrieval options:
Abatement Program
Extend current contract with Unlimited Contracting Services,
15503 Blaine Avenue, Bellflower, including a contract amendment
as it pertains to tagging shopping carts.
Enter into a contract with California Shopping Cart Retrieval
Corporation, 3055 West Valley Boulevard, Alhambra, to provide
shopping cart retrieval services Citywide.
Advertise and re -bid the shopping cart contract.
The Administrative Assistant summarized the Agenda Report dated
March 13, 1996.
Lowell Leyrer, 2520 Bowdoin Place, Costa Mesa, senior volunteer
at the Police Department West Side Substation, suggested using
senior citizen volunteers to retrieve shopping carts in lieu of
spending money on the subject contracts. He reported that the
Substation does not have a budget, and the volunteers raise money
in various ways.
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Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, observed that the
removal of shopping carts from the street has exerted a positive
influence in the City, especially on the west side. He asked where
the majority of carts had been found. The City Manager responded
that records which furnish this information are available, and the
Shopping Cart Reconciliation Log Sheet in the Agenda Report shows
the number of carts by store location. Mr. Pizarek reported that
most persons who use aluminum recycling bins transport the cans in
shopping carts. The City Manager noted that most of the recycling
bins are located in grocery store parking lots which the City does
not patrol.
Bill Combs, General Manager of California Shopping Cart Retrieval
Corporation, reviewed his proposal as follows: three drivers will
canvas Costa Mesa streets from 6:00 a.m. to 6:00 p.m., Monday
through Friday; a part-time driver will canvas the area 6:00 a.m.
until 12:00 p.m.,;Monday through Friday; and four full-time drivers
will be employed on weekends. He stated that a local cart storage
area will be utilized, and he provided the toll free telephone number
(800) 252-4613 which is staffed Monday through Sunday, from 8:00
a.m. to 6:00 p.m. Mr. Combs reviewed other aspects of the
program. Later in the discussion, he responded to a question from
the City Manager by stating that his firm would honor the City's
regulations as stated in the contract, not the State regulations.
Roland Wood, 1079 Cheyenne Street, Costa Mesa, urged Council to
monitor the program to ensure that member stores which incur an
increase in the number of carts retrieved are charged a higher fee.
He felt that a store which experiences an increase in cart removal
should be required to post signs in Spanish, English, and
Vietnamese, indicating that the City code prohibits removal of carts.
The City Manager explained to Mr. Wood that the incentive -based
program is being used; for example, an exemption is provided for
stores which have a solid cart recovery program, but the exemption
will not be effective should the retrieval rate reach over 10 percent
of the store's inventory.
MOTION/Authorized A motion was made by Council Member Hornbuckle, seconded by
City Manager to Council Member Genis, and carried 5-0, authorizing the City
Negotiate Contract Manager to negotiate a contract with California Shopping Cart
with California Retrieval Corporation, to provide shopping cart retrieval services
Shopping Cart Citywide; and directing staff to bring back this item in six months
Retrieval for Council review.
At the request of Council Member Genis, staff was directed to look
into having senior volunteers tag the carts. Mayor Pro Tem Buffa
suggested checking the extent of the City's insurance coverage for
the volunteers.
The City Manager applauded the. .Manager of the Lucky Food Store
at 2180 Harbor Boulevard, Costa Mesa, for his efforts to control the
shopping cart problem, stating that this store has shown the greatest
improvement by far.
OLD BUSINESS The Deputy City Clerk presented the system acquisition and imple-
RFP 978 for MIS mentation, Request for Proposal No. 978, for Management Infor-
Hardware, Software, mation Systems (MIS) hardware, software, . and networking.
and Networking
Provide, install, and implement a 303 Work Station, Client -
Server, TCP/IP Networked Management Information System at
the Civic Center and at 21 remote City facilities.
MOTION
Awarded MIS to
Hewlett-Packard;
Awarded Data Base
System to Oracle;
Approved Adjustment
96-48
Provide the Relational Data Base Management System for
enhanced interoperability of Applications Software resident on the
City's TCP/IP Client- Server MIS System.
Budget Adjustment No. 96-48 for $3,600,000.00.
A communication was received from Dennis A. Morris, 2712 South
Glen Arbor Street, Santa Ana, "suggesting steps to be taken before
a final decision is made. Mayor Erickson announced that this item
.was discussed at the March 11, 1996, Study Session. The
Communications Director reviewed the Agenda Report dated March
11, 1996.
Roland Wood, 1079 Cheyenne Street, Costa Mesa, a member of the
computer industry, asked how accessible the "home page" will be to
businesses such as the Automobile Club of Southern California and
South Coast Plaza, and to residents in the community. The
Communications Director replied that a new home page is being
instituted, and an agreement with American Telephone and
Telegraph (AT&T) will provide a Beta Test Site, at no cost to the
City, to assist with development of the internet. He reported that
;the basic page will be online within a month.
'A motion was made by Council Member Hornbuckle, seconded by
Mayor Pro Tem Buffa, and carried 5-0, to award the contract for the
TCP/IP Networked Management Information System to Hewlett-
Packard Company, 1421 South Manhattan Avenue, Fullerton, for
$3,539,727.00; to award the contract for the Relational Data Base
Management System to Oracle Corporation, 600 Anton Boulevard,
;Suite 1400, Costa Mesa, for $60,000.00; and to approve Budget
!Adjustment No. 96-48 for $3,600,000.00.
OLD BUSINESS The Deputy City Clerk presented an ordinance pertaining to
Conduct in Parks and regulations of conduct in parks and recreation facilities. The
Recreation Facilities Community Services Director reviewed his Agenda Report dated
March 7, 1996, and referred to City Attorney's Report No. 95-112B
dated December 6, 1995.
;Council Member Hornbuckle made the following changes: Page 2,
'Paragraph (6), changing the first line to read, "Conduct or cause to
be conducted..."; Page 3, Paragraph (13), revising the third line to
,read, "...similar livestock animal upon any park} building..."; and
Page 3, Paragraph (15), amending line two to read, "marsh or
fishpond in any park or recreation center, and...".
MOTION -A motion was made by Council Member Hornbuckle, seconded by
Ordinance 96-4 Given Council Member Genis, and carried 5-0, to give first reading to
First Reading Ordinance 96-4, AN ORDINANCE OF THE CITY COUNCIL OF
;THE CITY OF COSTA MESA, CALIFORNIA, AMENDING
,TITLE 12, SECTIONS 12-20, 12-23, AND 12-45, AND
REPEALING SECTIONS 12-21, 12-22, 12-33, 12-34, 12-35, 12-
37, 12-40, 12-41, AND 12-50, OF THE COSTA MESA
'MUNICIPAL CODE PERTAINING TO REGULATIONS OF
CONDUCT IN PARKS AND RECREATION FACILITIES,
including the modifications listed above, and revising Page 2,
Paragraph (12), line one to read, "...remove any animal in any
'park
,...°', deleting the words "feral and "that habitats".
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OLD BUSINESS
Agreement to Acquire
Connecticut General
Property, 1503 South
Coast Drive
MOTION
Approved Agreement
The Deputy City , Clerk presented the "Purchase Agreement and
Escrow Instructions" to acquire property at 1503 South Coast Drive
from Connecticut General Life Insurance Company, 900 Cottage
Grove Road, Hartford, Connecticut, for the Harbor Boulevard/I-
405/South Coast Drive Project. The Public Services Director
reviewed the Agenda Report dated March 15, 1996.
On motion by Mayor Pro Tem Buffa, seconded by Council Member
Monahan, and carried 5-0, the agreement was approved, and the
Public Services Director and Deputy City Clerk were authorizeA. to
sign on behalf of the City.
CITY ATTORNEY'S The City Attorney requested a closed session pursuant. to
REPORT/Request Government Code Section 54957, to consider a rfquest from Senior
for Closed Session: Police Officer Steven C. Rautus for extension of a leave of absence =
Rautus Request for without pay. The`�Mayor asked that this item, with the approval of
Extension of Leave Council, be discussed in open session.
MOTION On motion by Mayor Pro Tem Buffa, seconded by Council -Member ...
Extension of Leave Genis, and carried 4-0, Council Member Monahan abstaining; the
Approved extension of leave without pay was approved for a period of 90
days.
CITY MANAGER'S The City Manager presented a request from the Parks, Recreation
REPORT/Request for Facilities and Parkways Commission to hold agenda review dinner
Agenda Review sessions. He reviewed the Agenda Report dated March 14, 1996.
Dinner for Parks Council Member Hornbuckle stated that the commission serves the
Commission City without monetary compensation, and felt that the dinner
meeting would be an excellent way for them to communicate with
staff at little cost to the City.
MOTION On motion by Council Member Hornbuckle, seconded by Council
Approved Request Member Genis, and carried 5-0, the request was approved.
COUNCIL Council Member Genis urged citizens to contact State Assembly -
COMMENTS woman Marilyn Brewer and State Senator Ross Johnson regarding
Shopping Carts the importance of the City having local control over shopping cart
regulations.
Group Home Regula- Council Member Hornbuckle asked the City Attorney to prepare a
tions resolution for the League of California Cities on behalf of the City
Council requesting support of legislation which would increase the
City's ability to regulate group homes.
Costa Mesa High Mayor Erickson reported that at their meeting on Tuesday, March
School Farm Site 26, 1996, the Newport -Mesa Unified School District will discuss
whether to surplus the Costa Mesa High School farm site. The
Council Members supported the Mayor in his desire to communicate
Newport Beach with the School Board on this matter. He asked for Council input
Libraries regarding the City of Newport Beach's request for him to endorse
legislation that would allow cities with their own libraries to receive
state funds, as well as charging a fee to nonresidents. Council
Member Genis felt that the Mayor did not need Council approval to
write the letter; however, she believed that items which require
approval should be placed on the agenda so the Brown Act would
"Write Women into not be violated. The Mayor announced that he had attended a
History" Month "Write Women into History" month celebration on Sunday, March
17, 1996.
ADJOURNMENT i The Mayor declared the meeting adjourned at 7:50 p.m.
Mayr f the City of Costa Mesa
ATTEST:
Deputy City erk of the City of Costa Mesa
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