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HomeMy WebLinkAbout12/02/1996 - City Council354 REGULAR. MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 2, 1996 The City Council of the. City of Costa Mesa, California, met in regular session December 2, 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 Doctor Gary Barmore, Fairview Community Church: 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 Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Hornbuckle, seconded by November 18, 1996 Council Member Genis, and carried 5-0, the minutes of the regular meeting of November 18, 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. NEIGHBORHOOD Council Member Monahan commended Erin Tripp, Cortez WATCH MEETING Street, for hosting the November Neighborhood -Watch Meeting. ORAL COMMUNI- Koo Kim, 3083 Johnson Avenue, Costa Mesa, Associated CATIONS/Costa Student Body President, reported on the following Costa Mesa Mesa High School High School events: a community chorale was held involving Report all Costa Mesa Schools; the Mesa 5000 3K Run/Walk fund- raiser was successful; a leadership camp for the student council was conducted at Disneyland; "Adopt A Family" will be conducted until 'December 20; a Student Forum will be held on Wednesday, December 4, to allow students to express ideas and opinions; and the Blood Drive on January 17, 1997, will be open to the public. Council Members The following persons thanked Council Members Hornbuckle Commended a'nd Genis for their work on the Council and welcomed returning Member Erickson and new Members Cowan and Somers: Tony. Petros, 2135 Iris Place, Costa Mesa, President of the Costa Mesa Chamber of Commerce; George Sakioka, Sakioka Farms, 14850 Sunflower Avenue, Santa Ana; Dick 355 Mehren, 1824 Kinglet Court, Costa Mesa; and Hildegard Gonzalez, 1932 Pomona Avenue, Costa Mesa. EI Toro Airport Joseph P. Barney, 22171 Timberline Way, Lake Forest, Conversion addressed the proposed flight paths from the EI Toro Airport should that facility be converted to commercial use, and explained the impact on Costa Mesa. Towing Company Eleanore Humphrey, 1684 Whittier Avenue, No. 35, Costa Complaint Mesa, reported that her car had been towed by Harbor Towing on November 5, 1996, and complained about the exorbitant cost to redeem it as well as the lack of manners on the part of the towing company employees. Mrs. Humphrey also stated that after she had retrieved her vehicle, she received notice that it would be sold at a lien sale. She asked the City to reexamine the details of their contract with Harbor Towing. Mayor Erickson asked the City Manager to investigate this matter and report to Council and Mrs. Humphrey. Service of Complaint Allen Matthews, 950.South Gilbert Street, No. 146, Anaheim, announced that he had a Complaint to serve on the Mayor. The City Attorney responded that this type of document should be presented to the City Clerk's office during regular business hours. ANNOUNCEMENT Mayor Erickson recognized former Costa Mesa Mayor Arlene Schafer and former Vice Mayor Jay Humphrey who were in attendance. GENERAL The Deputy City Clerk recited the facts of the General MUNICIPAL Municipal Election held in the City of Costa Mesa on ELECTION November 5, 1996: The election was consolidated with the Statewide General Election and the Orange County Registrar of Voters canvassed the returns and certified the results; that the total number of ballots cast in the . precincts, except absentee ballots, was 27,440; that the whole number of absentee ballots cast in the City was 5,132; making a total of 32,572 ballots cast in the City; and that Libby Cowan, Joe Erickson, and Heather K. Somers were elected as members of the City Council for the full term of four years. The majority of the voters cast their vote in favor of Measure "F" relating to City Council term limits. MOTION/Adopted On motion by Council Member Hornbuckle, seconded by Resolution 96-101 Council Member Genis, and carried 5-0, Resolution 96-101, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 1996; DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW, was adopted. Council Member Genis commented that she had enjoyed her two terms on Council and felt that a highlight of that time was the public participation in events such as Neighbors -for - Neighbors, which to her indicates that the citizens care about the City. 356 Council Member Hornbuckle introduced her family, expressed her pleasure at serving on the Council for three terms, and indicated that it had indeed been fun. She welcomed the new Council Members, and returned a collection of four years worth of papers clips and rubber bands to the City. Mayor Pro Tem Buffa, Council Member Monahan, and Mayor Erickson thanked Council Members Hornbuckle and Genis for the diligence of their efforts as Council Members. Oaths of Office The Deputy City Clerk gave the Oaths of Office to newly Administered elected Council Members Joe Erickson, Heather K. Somers, and Libby Cowan, and presented them with their Certificates of Election. MOTION/Mayor Pro The Deputy City Clerk called for nominations for Mayor. Tem Buffa Elected Mayor Erickson made a motion, seconded by Council Member Mayor Monahan, nominating Mayor Pro Tem Peter Buffa as Mayor of Costa Mesa. By a 5-0 vote, Mayor Pro Tem Buffa was elected Mayor for a two-year term which will expire in November, 1998. MOTION/Council Mayor Buffa called for nominations for Mayor Pro Tem. Member Monahan Mayor Buffa made a motion, seconded by Council Member Elected Mayor Pro Erickson, nominating Council Member Gary Monahan as Tem Mayor Pro Tem of Costa Mesa. By a 5-0 vote, Council Member Monahan was elected Mayor Pro Tem for a two-year term which will expire in November, 1998. The Mayor introduced family members who were in attendance and commended Council Member Erickson on his outstanding job as' Mayor. Council Member Erickson recognized his supporters, City staff, and members of the community. Council Member Somers introduced and thanked her family and friends who helped her win the election. Council Member Cowan acknowledged her family and friends and thanked them for their support. CONSENT On motion by Mayor Pro Tem Monahan, seconded by Council CALENDAR Member Erickson, and carried 5-0, all Consent Calendar items MOTION/Approved were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Diversified Shopping Centers;' and Jennifer E. Prichard. WARRANTS Warrant Resolution 1638, funding City operating expenses in Approved Warrant the amount - of $1,169,379.05; and Payroll 9623 for 1638/Payroll 9623 51,357,680.86, were approved. REJECTED CLAIM The claim from Daniel Nelson (alleging false arrest by Costa Nelson Mesa Police), was rejected. ADMINISTRATIVE Resolution 96-102, A RESOLUTION OF THE CITY COUNCIL ACTIONS/Adopted OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING Resolution 96-102 THE ORANGE COUNTY FLOOD CONTROL DISTRICT TO Authorizing Channel IMPROVE THE GREENVILLE-BANNING CHANNEL, was Improvement adopted. Rejected Bids for Bids received for Fairview Park Trail Improvements are on file Fairview Park Trail in the City Clerk's office. The apparent low bidder, Littlerock Improvements Construction and Landscape Company, 9227 East Avenue S, Littlerock, California, was unable to provide the required bonds and insurance to the City within an acceptable time frame; therefore, all bids were rejected, and staff was authorized to rebid the project. Approved Agreement An agreement with the Harbor Soaring Society, Post Office with Harbor Soaring Box 1673, Costa:;Mesa, to allow placement of a temporary Society for Storage storage container in Fairview Park, was approved, and the Container Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Budget Budget Adjustment No. 97-22 for $22,500.00, was approved, Adjustment No. establishing an account to recognize Releaf Costa Mesa's 97-22 for Planting 1996-97 tree planting grant revenues from the California Parkway Trees Department of Forestry (1996 Proposition 70), and to appropriate grant proceeds and other funding necessary to plant 632 trees in City parkways. Approved Budget Budget Adjustment No. 97-25 for $72,625.00, was approved, Adjustment No. establishing a new construction project account to provide 97-25 for Harbor reclaimed water connections and water meters for the Harbor Rehabilitation Project Boulevard rehabilitation project. Approved Agreement An agreement with Zeiser Kling Consultants, Inc., 3187 Red with Zeiser Kling Hill Avenue, Suite 135, Costa Mesa, in an amount not to for Geotechnical exceed $16,951.00, to provide geotechnical services for Services pavement evaluation for Sunflower Avenue from Harbor Boulevard to Bear Street, was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Agreement An agreement with the City of Santa Ana for street and storm with Santa Ana for drain improvements on Harbor Boulevard from Sunflower Harbor Street/Storm Avenue to MacArthur Boulevard, was approved, and the Drain Improvements; Mayor and Deputy City Clerk were authorized to sign on Approved Budget behalf of the City; and Budget Adjustment No. 97-26 for Adjustment 97-26 $542,000.00, was approved. MIS -Phase III Public The following action was taken regarding Management Safety Computer Information Systems (MIS) - Phase III Public Safety Computer Project: Approved Budget Budget Adjustment No. 97-27 for $38,400.00, to provide Adjustment No. funding for the Public Safety Computer System, was 97-27 approved. Approved Change Approval was given for Change Order "A" for $38,400.00, Order "A" and First and first amendment to the contract with AEF Systems Amendment to AEF Consulting, Inc. 18231 Irvine Boulevard, Suite 202, Tustin, Contract for RFP to provide "Request for Proposal" (RFP) development and Development analysis for the public safety computer system upgrade, 3V ■ 358 and the City Manager was authorized to sign on behalf of the City. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Metro Pointe Annual place set for the public hearing to consider the annual review Review of Development Agreement DA -88-02A for Arnel's Metro Pointe development located in the 900 block of South Coast Drive. Environmental Determination: Previously adopted Negative Declaration. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager reviewed the Agenda Report dated November 18, 1996, reporting that Arnel Development Company will submit their recordation of closure for Metro Pointe in the near future and the agreement will then be completed. There being no speakers, the Mayor closed the public hearing. MOTION/Made A motion was made by Council Member Erickson, seconded Finding That Good by Council Member Cowan, and carried 5-0, to find that good Faith and Compli- faith and compliance with the terms and conditions has been ance Demonstrated demonstrated by Arnel.. PUBLIC HEARING The Deputy City Clerk announced that this was the time and ADA Exemption for place set for the public hearing to consider a resolution finding Costa Mesa Country an exemption from the Americans with Disabilities Act Club Accessibility' Guidelines and California Disabled Access Regulations for an existing path -of -travel to the Costa Mesa Country Club at 1701 Golf Course Drive, Costa Mesa; and City Attorney's Report No. 96-96. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The City Manager summarized the Agenda Report dated November 27, 1996. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Mayor.Pro Tem Monahan, seconded by Council Adopted Resolution Member Somers, and carried 5-0, Resolution 96-103, A 96-103 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AN EXEMPTION FROM THE ADA ACCESSIBILITY GUIDELINES AND CALIFORNIA DISABLED ACCESS REGULATIONS FOR AN EXISTING PATH - OF -TRAVEL TO THE COSTA MESA COUNTRY CLUB AT 1701 GOLF COURSE DRIVE, COSTA MESA, was adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of General Finances November 18, 1996, second reading and adoption of of the City Ordinance 96-14, pertaining to general finances of the City and of the Finance Director. MOTION/Adopted On motion by Council Member Erickson, seconded by Mayor Ordinance 96-14 Pro Tem Monahan, and carried 5-0, Ordinance 96-14, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 1 OF CHAPTER V OF TITLE 2 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO GENERAL FINANCES OF THE CITY OF COSTA MESA AND OF THE FINANCE DIRECTOR, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of City Purchasing November 18, 1996, second reading and adoption of System Ordinance 96-15, pertaining to the purchasing system of the 1 City. _ The City Attorney noted that the changes requested by Council' Member Genis with reference to overriding the purchasing guidelines (Page 9) have been made. MOTION/Adopted On motion by Council Member Cowan, seconded by Council Ordinance 96-15 Member Erickson, and carried 5-0, Ordinance 96-15, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 2 OF CHAPTER V OF TITLE 2 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO THE PURCHASING SYSTEM OF THE CITY OF COSTA MESA, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of Newport Boulevard November 4, 1996, City Council Policy 500-9 regarding the Specific Plan review procedure for deviations from building setbacks in the Setbacks Newport Boulevard Specific Plan area. The Deputy City Manager summarized the Agenda Report dated November 21, 1996. Council Member Somers expressed concern about delegating the Planning Commission's review authority to the Zoning Administrator, and suggested that either this item be continued or the Planning Commission be allowed to retain their review authority. She mentioned that the City's noticing procedures should also be addressed. Council Member Cowan supported the original concept of review by the Planning Commission, not the Zoning Administrator. Mayor Pro Tem Monahan explained that the intent of the Newport Boulevard Study Committee was to simplify _the approval procedure for new projects. He pointed out that decisions made by the Zoning Administrator are open for review. MOTION/To Adopt A motion was made by Mayor Pro Tem Monahan, seconded the Policy by Mayor Buffa, to adopt the policy as revised. Council Member Cowan opposed the motion because she felt that the Planning Commission should participate in the process to ensure that the Newport Boulevard Specific Plan achieves its goal. Council Member Somers opposed the motion for the reasons she stated above, and she thought that it would be more prudent for the City to review the various projects and allow for public input. SUBSTITUTE A substitute motion was made by .Council Member Erickson, MOTION seconded by Council Member Somers, and carried 3-2, Continued to Council Members Buffa and Monahan voting no, to continue February 3, 1997 this item to the meeting of February 3, 1997. NEW BUSINESS The Deputy City Clerk presented a request for a person -to - ABC License for person transfer of a Type 47 Alcoholic Beverage License (on - Szechwan King sale general for a bona fide eating place) from Szechwan King Restaurant, 512 West 19th Street. The Deputy City Manager reviewed the Agenda Report dated November 21, 1996. MOTION A motion was made by Council Member Erickson, seconded Received and Filed by Mayor Pro Tem Monahan, 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 47 Alcoholic Beverage License (on - Legends Sports Bar 'sale general for a bona fide eating place) from Legends Sports Bar, 580 Anton Boulevard, Suite 201. The Deputy City ;Manager summarized the Agenda Report dated November 21, 1996. MOTION A motion was made by Council Member Cowan, seconded by Received and Filed Council Member Erickson, and carried 5-0, to receive and file the request. NEW BUSINESS The Deputy City Clerk presented an agreement with the Agreement with 'Orange County Transportation Authority (OCTA) for exchange OCTA for Exchange 'of funds whereby the City would give a portion of their of Funds general fund revenues to OCTA in exchange for an equal amount of gas tax revenues. The Public Services Director 'reviewed the Agenda Report dated November 18, 1996. Dave Elbaum, Director of Planning and Development, Orange County Transportation Authority, responded to questions by stating that these funds will be used for operation of the buses and will not be used to address level of service or the Access Program at this time. He reported that the Access budget, servicing disabled persons, represents about 19 percent of the current operating budget. He addressed Sentence 6 on Page 5 of the agreement, "In the event CITY's funds have been expended for bus service or any other expense of AUTHORITY...", stating that this section was added at the request of another city in order to indemnify them in the event of a legal challenge, and the intent was not to authorize a new expense. Council Member Somers asked if the City's participation in the agreement could be contingent upon resolution of the State Controller's audit of the City for use of Gas Tax Funds for the payment of debt on the Victoria Street Construction Bonds. Mr. Elbaum responded that the dispute is with the State; however, OCTA is supportive of the City's position and would ,. like to see it upheld. MOTION/Approved A motion was made by Council Member Cowan, seconded by Agreement Council Member Erickson, and carried 5-0, approving the agreement for fund exchange, authorizing the City Manager to sign; directing OCTA to rewrite the agreement to read that the funds shall be used for transit services only; and conditioning the agreement upon resolution of the gas tax audit. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Section 54956.9(a) to discuss liability for Closed Session: litigation pending against the City: C. Barker et al; W. Cartov; Pending Litigation DeDiego; E. Gonzalez; Martinez/Alvarez; and Rzepa. The Against the City Mayor announced that closed session would be held at the close of regular business. CITY MANAGER'S The City Manager presented a request for direction in REPORT/Planning filling a vacancy on the Planning Commission. The City Commission Manager summarized the Agenda Report dated November 27, Vacancy 1996. t.' MOTION A motion was made by Council Member Erickson, seconded Directions Given to by Council Member Somers, and carried 5-0, directing staff to Staff contact individuals who have previously submitted letters of interest, to contact the two commissioners whose terms expire on February 28, 1997, to confirm that they wish to remain on the Commission, and to advertise for the 1997 Planning Commission openings and any committee openings which are available. Council Member Erickson clarified the intent of his motion as follows: if the vacant position on the Planning Commission is filled prior to February 28, 1997, the term will be for the full four years. COUNCIL Council Members Somers, Cowan, and Erickson, thanked their COMMENTS families and supporters. Council Members Buffa and Election Thanks Monahan expressed their appreciation for being selected as Mayor and Mayor Pro Tem, respectively. Captain Brooks' Mayor Buffa announced that Police Captain Dave Brooks had Illness a medical crisis recently. Police Chief Dave Snowden reported that Captain Brooks is progressing well in his recovery. ADJOURNMENT TO At 8:15 p.m., the Mayor adjourned the meeting to a closed CLOSED SESSION session in first floor Conference Room C to discuss the items previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 8:35 p.m., and the RECONVENED action taken during closed session was announced. Accepted Report Regarding liability litigation pending against the City: C. Regarding Pending Barker et al; W. Cartov; DeDiego; E. Gonzalez; Litigation Martinez/Alvarez; and Rzepa, the City Attorney gave a status report which was accepted by Council without any action being taken. ADJOURNMENT The Mayor declared the meeting adjourned at 8:40 p.m. Mayor of the City osta Mesa ATTEST: f. Deputy City 0lerk of the City of Costa Mesa