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HomeMy WebLinkAbout10/21/1996 - City Council317 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 21, 1996 The City Council of the City of Costa Mesa, California, met in regular session October 21, 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 Genis, and invocation by Mr. David McAllister, The Church of Jesus Christ of Latter -Day Saints. 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 Personnel Services Director Steve Hayman Personnel Manager Howard Perkins Police Lieutenant Alan Kent Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council October 7, 1996 Member Genis, and carried 5-0, the minutes of the regular meeting of October 7, 1996, were approved as distributed. ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by RESOLUTIONS Council Member Genis, and carried 5-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- Larry Rhinehart, Intergovernmental Affairs Director, South CATIONS Coast Air Quality Management District, 21865 East Copley' South Coast Air Drive, Diamond Bar, reported on the following District Quality Manage- activities: initiation of an AQMD Regulatory Reform initiative ment Activities which will reduce the AQMD staff by 50 percent over the next decade; development of a system which will allow permits to be filed via an on-line computer thereby simplifying the process; elimination of permit requirements for most small businesses; and update of the 1994 Air Quality Management Plan. Mesa Consolidated Heather Somers, 427 East 17th Street, Costa Mesa, informed Water District, Well Council that the Environmental Impact Report (E.I.R.) for the No. 6 E.I.R. Mesa Consolidated Water District Colored Water Treatment Facility at Well No. 6 has been released. She complained that alternatives to colored water treatment had not been investigated other than using an ozone -type treatment plant. She noted her concerns regarding the Environmental Analysis Checklist, stating that the treatment plant will be located within a residential area and there is a potential risk of accidental explosion or release of hazardous substances. Council Member Genis asked for an update on the Fire Department's review of the potential hazards and was informed by the Deputy City Manager that a report would be forthcoming, with a copy to Mrs. Somers. Costa Mesa Crime Ernie Feeney, 1 154 Dorset Lane, Costa Mesa, remarked that Rate .Costa Mesa is reported to have the highest crime rate in the "Property" category according to 1995 city crime rate statistics. She indicated that this is allegedly due to the manner in which our City reports such incidents. Mrs. Feeney asked for confirmation that the City had indeed corresponded with the Department of Justice and the Federal Bureau of Investigation (FBI) explaining the inequitable reporting system,. and that a reply had been received which indicated that the forms would be revised. The City Manager responded that a letter had been sent to the FBI and indicated that he would forward a copy to Mrs. Feeney and to Council. Norse Avenue Gloria Buchtell, 2467 Norse Avenue, Costa Mesa, stated that Retaining Wall the letter forwarded by staff addressing problems with the City retaining wall located across the street from her home was misleading. She asked Council Members to look at the wall in order to realize the extent of the problem. Disposition of Arrest John Feeney, 1 154 Dorset Lane, Costa Mesa, reported that the Reports City had previously obtained a sampling of "disposition of arrest" reports which indicated that in October, 1995, 66 percent of arrests for robbery were dismissed. He further detailed statistics contained in these reports. He felt that the problem is a result of the District Attorney's failure to prosecute cases, and suggested that the City take action. The City Manager indicated that he would provide Mr. Feeney and Council with an update on this situation. Council Member Genis stated that she would like to obtain statistics from other cities for comparison purposes. Problem Sidewalks Wendall Kessler, 2501 North Harbor Boulevard, Costa Mesa, stated that some of the sidewalks in the City were bumpy and curvy which makes it difficult for the handicapped to get around. Mayor Erickson suggested forwarding a letter which indicates specific sidewalks and curb cuts where problems exist. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 5, Resolution designating a Disadvantaged Business Enterprises Liaison Officer; Item 6, Request from the Wallace Avenue Improvement Group for an ordinance prohibiting pushcarts and street vendor trucks from residential neighborhoods; and Item 8, Resolution concerning the Circulation Element for Measure "M" eligibility. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Approved Except Pro Tem Buffa, and carried 5-0, the remaining Consent Items 5, 6, and 8 Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: f Claims Claims received by the Deputy City Clerk: James D. Duffield; Sean K. Larkin; Janice Amanda Shultis; and Patrick Wydra. WARRANTS Warrant Resolution 1635, funding City operating expenses in Approved Warrant the amount of $1,541,453.75; and Payroll 9620 for 1635/Payroll 9620 $1,348,942.24, were approved. REJECTED CLAIM The claim from Bill E. Blanchard (trip and fall on private Blanchard property) was rejected. ADMINISTRATIVE An agreement was approved with Lester L. Sacks, M.D., PhD., ACTIONS/Approved 2 Cavalier, Laguna Niguel, for an amount not to exceed Agreement with $6,500.00, to review medical policies and procedures of the Lester Sacks for Jail Costa Mesa Police Department Jail Facility, and act as the Policy Review Responsible Physician in accordance with Title 15 of the California Code of Regulations; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Awarded Fire The contract for Fire Station and Tennis Clubhouse ADA Station and Tennis (Americans with Disabilities Act) Remodel, Project No. 96-13, Club ADA Remodel, was awarded to E.M.S. Construction, Post Office Box 8315, Project 96-13, to Anaheim, for $143,750.00; and M.G.W. Pacific Inc., 17785 E. .M.S. Skypark Circle, Suite A, Irvine, was relieved of their bid proposal pursuant to the provisions of the Public Contract Code. Accepted Work by Street improvements in connection with Development Review Warren Clark for DR -95-05, for property located at 1677 Superior Avenue, were DR -95-05 Street completed to the satisfaction of the Public Services Director by Improvements Warren J. Clark, Developer, 1740 East Ocean Boulevard, Newport Beach. The work was accepted, and the Performance Bond and the Labor and Material Bond were ordered exonerated. Disadvantaged Item 5 on the Consent Calendar was presented: Resolution Business Enter- designating a Disadvantaged Business Enterprises (DBE) Liaison prises Liaison Officer. Council Member Monahan asked why the minimum Officer Federal requirement is 10 percent yet the City's goal is listed in the Agenda Report as 15 percent. The Public Services Director responded that. the 10 percent is an absolute minimum nationwide, and southern California has targeted a higher percentage because of the number of available DBE firms in the area. He added that the California Department of Transportation (CALTRANS) has indicated a desire for the City MOTION to establish the 15 percent minimum. On motion by Council Adopted Resolution Member Monahan, seconded by Council Member Hornbuckle, 96-93 and carried.5-0, Resolution 96-93.,. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DESIGNATING A DISADVANTAGED BUSINESS ENTERPRISES (DBE) LIAISON OFFICER, was adopted, approving Baltazar Mejia as the DBE Coordinator. Request from Item 6 on the Consent Calendar was presented: Request from W.A.I.G. to Prohibit the Wallace Avenue Improvement Group (W.A.I.G.) for Pushcarts and adoption of an ordinance prohibiting pushcarts and street Street Vendors vendor trucks from residential neighborhoods. Phil Morello, 1715 Samar Drive, Costa Mesa, reported that W.A.I.G.'s major impact is on noise problems in the streets. Dave Salcido, 954 West 17th Street, Costa Mesa, offered Council materials on this 319 32® MOTION/Referred issue which he had accumulated from 29 cities in the County, to City Attorney; including city codes and the name of a contact person. On Scheduled for motion by Council Member Monahan, seconded by Council December 9, 1996, Member Hornbuckle, and carried 5-0, the ordinance was Study Session referred to the City Attorney, and scheduled for discussion at the study session of December 9, 1996. Circulation Element Item 8 on the Consent Calendar was presented: Resolution for Measure "M" concerning the status of the Circulation Element for the City of Eligibility Costa Mesa, for Measure "M" eligibility. Heather Somers, 427 East 17th Street, Costa Mesa, referring to the "Existing City/County Arterial Designations - September 1996" attached to the Agenda Report, asked why the City lists a projected 6 lanes for 19th Street in the year 2010, and the County projects only 4 lanes. The Public Services Director responded that the City has not resolved the issue of elimination of the proposed bridges over the Santa Ana River; however, after the environmental documents are prepared, the street may be downgraded. The City Manager suggested forwarding to the Orange County Transportation Authority the appropriate sections from the General Plan Policies and Objectives which reflects Council's directive regarding 19th Street and other arterials which are proposed for downgrading, with a copy to MOTION Mrs. Somers. A motion was made by Council Member Adopted Resolution Monahan, seconded by Council Member Hornbuckle, and 96-94 carried 5-0, adopting Resolution 96-94, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF COSTA MESA, for Measure M eligibility. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Assessment District place set for the public hearing to consider proposed No. 96-1 (Shalimar Assessment District No. 96-1 (Shalimar Drive Alleys). The Drive Alleys) second public hearing is scheduled for November 4, 1996. The Affidavit of Mailing is on file in the City Clerk's office. A communication was received from Robert and Gayle Gardner, Post Office Box 798, Newport Beach, owners of property at 755 West 18" Street, Costa Mesa, protesting the Assessment District. The Public. Services Director reviewed the' Agenda Report dated October 14, 1996, and showed a diagram of the alleys. The following persons spoke in opposition to the creation of an assessment district: Jimmy Smith, resident manager of 755 West 18th. Street; Peter Fyfe, 17521 Luther Avenue, Irvine, owner of property -at 753 Shalimar Drive, Costa Mesa; Robert Horwitz, 1485 Dale Way, Costa Mesa, owner of property at 771 Shalimar Drive, Costa Mesa; Paul Purtell, 6278 Pitcairn Street, Cypress, owner of property at 796 West Shalimar Drive, Costa Mesa; .Timothy Kuhn, 520 Sepulveda Boulevard, Los Angeles, Superior Court receiver for property at 792 Shalimar Drive, Costa Mesa; Robert Graham, 3260 Dakota Avenue, Costa Mesa, who showed photographs; Ming Chang Hsia, 20622 Lavonne Lane, Huntington Beach, owner of property at 774 Shalimar Drive; and Dorothy Adams, 220 Amherst Road, Costa Mesa. i� Gayle Gardner, 315 Santa Isabel Avenue, Costa Mesa, representing the owners of 755 West 18th Street, asked that this property be removed from the assessment district since their driveway is not part of an alley and has been improved. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, reported that the Shalimar Drive area has been a blight for the past 15 years, and the Hispanic residents have worked for improvement, not the owners. He noted the unsanitary living conditions of the properties and again condemned the property owners for their neglect. Regarding complaints from the property owners that they were not previously notified of problems on Shalimar Drive, the City Manager responded that over the past two years Council has focused on the Shalimar Drive problems, including the alleys, 7t': crime, and access, and notices have been sent repeatedly to property owners and tenants. MOTION A motion was made by Council Member Hornbuckle, seconded Continued to by Council Member Monahan, and carried 5-0, to continue this November 4, 1996; item to the meeting of November 4, 1996, and to receive an Directions Given update at that time; directing staff to continue to work with to Staff the property owners to ascertain if the improvements can be accomplished without an assessment district, the time it will take, how many property owners are willing to be involved; and directing staff to determine if the Gardner properties (Assessment Nos. 1-1 through 1-9) may be excluded from the assessment district, as well as the two property owners who previously improved their alleys with concrete. Council Member Hornbuckle clarified that it was not her intention to take action to form the assessment district at the meeting of November 4, 1996, but to keep this issue in front of the property owners. She added that the intent of her motion was that, at the impetus of the property owners, staff will meet and assist. Council Member Genis expressed concern that the City might be left "holding the bag" because the cost of the assessment district, in many cases, probably will exceed the equity in the property. The City Manager suggested that a videotape be shot of the three upgraded locations. Council Member Monahan expressed his hope that the property owners will have agreed on a time ' frame and a plan of action by the meeting of November 4, 1996. Andy Hall, Jones, Hall, Hill, & White, Four Embarcadero Center, 19th Floor, San Francisco, the City's bond counsel, confirmed., that the assessment procedure is the only way to coerce property owners to make improvements. He explained that if the assessment is levied after the meeting of November 4, 1996, it is not mandatory to proceed at that time but there will be a lien against the property which permits proceeding in the event the property owners do not cooperate. Paul Purtell, 6278 Pitcairn Street, Costa Mesa, reiterated that, as a property owner, he had never been invited to provide constructive development of the Shalimar Drive area. He asked that this be a cooperative effort. 321 322 NEW BUSINESS The Deputy City Clerk presented a request for a person -to - ABC License for A person transfer of a Type 41 Alcoholic Beverage License (on - Superior Sandwich sale beer and wine for a bona fide eating place) from A Superior Sandwich, 1599 Superior Avenue, Suite A5. The Deputy City Manager reviewed the Agenda Report dated October 10, 1996. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Received and Filed Council Member Genis, and carried 5-0, to receive and file the request. NEW BUSINESS The Deputy City Clerk presented a request for a person -to - ABC License for person transfer of a Type 48 Alcoholic Beverage License (on - Garibaldi di Noche sale general for public premises) from Garibaldi di Noche, 810 West 19th Street. The Deputy City Manager summarized the Agenda Report dated October 11, 1996. The Police Lieutenant reported that this business has been a continual nuisance problem and is poorly managed. He indicated that if a protest letter were forwarded to the ABC, it would generate a hearing wherein the Police Department and other City representatives will have an opportunity to present a case. The City Attorney stated that an accusation letter, which is separate from a protest letter, could be filed which would seek to have the current license revoked. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, opposed the license transfer, and stated that he would like to be informed if a hearing is scheduled so that he could attend. Heather Somers, 427 East 17th Street, Costa Mesa, as President of the East Side Homeowners Association, offered to forward a letter in support of revoking the ABC license. MOTION A motion was made by Council Member Monahan, seconded Transfer Protested by Mayor Pro Tem Buffa, and carried 5-0, authorizing the Mayor to forward a letter to the ABC protesting the transfer. MOTION A motion was made by Council Member Monahan, seconded Scheduled Accusa- by Council Member Hornbuckle, and carried 5-0, to calendar tion Letter for the issue of sending an accusation letter to the ABC for the November 18, 1996 meeting of November 18, 1996. Council Member Hornbuckle suggested that the City Attorney look into grounds for declaring the property a public nuisance. The City Attorney replied that he may call a closed session at the meeting of November 18, 1996, to discuss other litigation approaches. Council Member Monahan noted that the ABC is currently investigating this property, and suggested that the best route at this point would be to assist with that investigation. NEW BUSINESS The Deputy City Clerk presented a request for a person -to - ABC License for person transfer of a Type 20 Alcoholic Beverage License (off - Central Market sale beer and wine) from Central Market, 1031 EI Camino Drive. The Deputy City Manager reviewed the Agenda Report dated October 10, 1996. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Received and Filed Council Member Genis, and carried 5-0, to receive and file the request. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Section 54956.9(a) to discuss the City v. for Closed Session: Willdan Associates. Mayor. Erickson announced that closed City v. Willdan session would be held at the conclusion of regular business. CITY MANAGER'S The City Manager presented a resolution revising the pay REPORT/Executive ranges for executive' job classifications to reflect the Job Classifications established labor marketplace. The Personnel Manager summarized the Agenda 'Report dated October 14, 1996. A question and answer period ensued. Council Member Genis, felt that the City should use not only a performance-based system, which indicates how well a person does their job, but a responsibility -based system. She noted that at the management level, responsibility varies from year to year. Council Member Hornbuckle concurred that some changes should be made to the evaluation system but suggested that they be effective at the next evaluation. She stated that considering the fact that the evaluations under consideration are already late in comparison to previous years, she could not support delay nor changing the premises retroactively. Council Member Monahan agreed that an increase in salary should be tied to performance, and did not want to wait a year to implement changes. He proposed that Council provide comments to the City Manager for incorporation into the changes for next year, and adjust salaries for this year in 30 days, taking into consideration the evaluations which have been done for the past year. The Personnel Services Manager suggested that Council could authorize only the range adjustments to the salary schedule at this time. He reported that this has been done on previous occasions. Council Member Hornbuckle brought up the fact that management employees are not members of an .association, and are reviewed individually. Motion to Approve, A motion was made by Council Member Monahan, seconded Withdrawn by Mayor Erickson, to approve the range adjustments but hold the actual pay increases. Council Member Monahan clarified that the motion applied to the current increases, retroactive to the beginning of the period. After discussion, the motion was withdrawn. Council Member Hornbuckle stated that these adjustments are salary range adjustments, not merit increases, and are based on the same premise that was used with the other three employee associations. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Adopted Resolution Pro Tem Buffa, and carried 4-1, Council Member Genis voting 96-95 no, Resolution 96-95, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE PAY RANGES FOR EXECUTIVE JOB CLASSIFICATIONS TO REFLECT THE ESTABLISHED LABOR MARKETPLACE, was : 33 ..324 adopted; and staff was directed to develop a performance- based system in the next 60 days to be used from this point forward. Mayor Pro Tem Buffa, suggested considering the separation of the performance appraisal from the issue of salary. Council Member Genis opposed the motion because she felt that it was time to change direction, and noted that Council had not caused the delay of this matter. Council Member Monahan proposed taking into consideration, where relevant among Department and' Division heads, customer service and efficiency. He suggested retaining an outside firm for a City department -wide customer service evaluation, with an annual update, to be included in management's performance review. He asked the City Manager to prepare an item for Council to consider. Mayor Erickson added that he had attended the League of California Cities .conference last week which included a workshop on Customer Service in City Government, and stated that he would forward that information to the City Manager with a copy to Council. Council Member Monahan acknowledged that some positions were affected more than others so it would behoove Council to discover . how groups function under each manager, how work is being accomplished, and other means to improve efficiency. COUNCIL Council Member Monahan asked that the City Manager COMMENTS investigate the possibility of purchasing Breathalyzers at Breathalyzers for the approximately $400.00 per unit, for the Police Department's Police DUI Team Driving Under the Influence (DUI) team to be purchased prior to the holiday season. He indicated that the new units are accurate enough to be admissible in court. City of Riverside Council Member Genis reported that the City of Riverside has a Slumlord Program strong program to deal with slumlords, especially where there are repeated problems with drugs and gangs, and suggested NAFTA Funds that staff look into their methods. She stated that NAFTA (Worth American Free Trade Agreement) allows certain funds for businesses and business areas affected by the Free Trade Agreement, including impact on the roadways. She thought that the City should investigate eligibility for these types of funds. 1-405/SR-73 Mayor Pro Tem Buffa announced that the San Joaquin Hills Confluence Corridor Agency approved the expenditure of over $13 million for the 1-405/SR-73' confluence, and $5.6 million will be available immediately to complete the design. He indicated that the remaining funds will be released over the next three years according to the landmarks of construction, and those funds will be given directly to the City. Mesa 5000 Race Mayor Erickson announced that the annual Mesa 5000 race to benefit Costa Mesa High School will be held November 3, 1996, and a carnival will be held November 1 and 2, 1996. Campaign Signs Council Member Genis asked those running for office to be aware of the City's rules regarding campaign signs: they are not to be placed in the public right-of-way, and they are not to be placed on any property without the owner's permission. ADJOURNMENT TO At 9:15, Mayor Erickson adjourned the meeting to a closed CLOSED SESSION session in first floor Conference Room C to discuss the item previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 9:25 p.m., and the RECONVENED action taken during closed session was announced. Approved City Regarding the City v. Willdan Associates, Council approved the Attorney's Recom- City Attorney's recommendation on litigation strategy in mendation in City accordance with his confidential memorandum dated October v. Willdan 16, 1996. ADJOURNMENT The Mayor declared the meeting adjourned at 9:30 p.m. Mao of the City of Costa Mesa ATTEST: Deputy City CWk of the City of Costa Mesa 1 325