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HomeMy WebLinkAbout01/06/1997 - City Council373 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA January 6, 1997 The City Council of the City of Costa Mesa, California, met in regular session January 6, 1997 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 Somers, and invocation by the Reverend Mike Decker, Harbor Trinity Baptist Church. ROLL CALL Council Members Present: Mayor Pro Tem Gary Monahan Council Member Joe Erickson Council Member Libby Cowan Council Member Heather Somers Council Members Absent: Mayor Peter Buffa Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Assistant City Engineer Ernesto Munoz Communications Director Vince Whelan Assistant to the City Manager Ann Gyben Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council December 16, 1996 Member Cowan, and carried 4-0, Mayor Buffa absent, the minutes of the regular meeting of December 16, 1996, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded RESOLUTIONS by Council Member Cowan, and carried 4-0, to read all ordinances and resolutions by title only. NEIGHBORHOOD Mayor Pro Tem Monahan announced that the Neighborhood WATCH MEETING Watch meeting for December was hosted by Maricela Ochoa, Whittier Avenue. ORAL COMMUNI- Cheryle Markel, 1006 Secretariat Circle, Costa Mesa, a CATIONS teacher at the Alternative Education Center, introduced a Monte Vista High student of Monte Vista High School, Gina Wallace, 515 School Report Riverside Avenue, Newport Beach, who gave an overview of her personal current activities. She reported on the success of Monte Vista's Volunteer Intern Program which provides elective credits towards graduation, and stated that the school's computer and internet capabilities are being updated. Painting of Fair Greg Brown, 2501 Christopher Lane, Costa Mesa, asked that Drive/Harbor Boule- the handicap ramps at Fair Drive and Harbor Boulevard be vard Handicap painted to increase their visibility. Mayor Pro Tem Monahan Ramps suggested that in the future Mr. Brown address his concerns in writing as he has in the past. _374 Planning Commis- Larry Hemming, 217 East 20" Street, Unit B, Costa Mesa, sion Candidate member of the Access Appeals Board, introduced himself to Council as a candidate for the Planning Commission. Wilson Park Clean- Dorothy Adams, 220 Amherst Road, Costa Mesa, up commended the Police Department for their cleanup efforts at Wilson Park. CONSENT The following items were removed from the Consent CALENDAR Calendar: Item No. 3, Award of contract for Harbor Boulevard Rehabilitation to R. J. Noble Company; and Item No. 4, Agreement with Kabbara , Engineering for design services for improvement of Alleys. Nos. 106, 107, and 108. MOTION/Approved On motion by Council Member Erickson, seconded by Council Except Items 3 Member Cowan, and carried 4-0, the remaining Consent and 4 Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Two claims from 2448 Pacific Coast Highway Partnership; Richard Arevalo; Jody Teller/Tel Phil Enterprises; and Joye Wilbur. WARRANTS Warrant Resolution 1640, funding City operating expenses in Approved Warrant the amount of $1,132,166.80; and Payroll 9625 for 1640/Payroll 9625 $1,384,664.64, were approved. ADMINISTRATIVE Resolution 97-1, A RESOLUTION OF THE CITY COUNCIL OF ACTIONS/Adopted THE CITY OF COSTA MESA, CALIFORNIA, AMENDING Resolution 97-1 RESOLUTION 96-85 BY ADJUSTING THE RATE OF PAY FOR Adjusting Rate of A CURRENT CITY CLASSIFICATION ON THE BASIC PAY Pay . SCHEDULE (Clerk of the Sanitary District), was adopted. Contract Award for Item 3 on the Consent Calendar was presented: Award Harbor Boulevard contract for Harbor Boulevard Rehabilitation from Wilson Rehabilitation, Street to Dale Way; from Date Place to 1-405 Southbound Project No. 96-12, Ramps; and from South Coast Drive to MacArthur Boulevard, to R. J. Noble Project No. 96-12 (Federal No. STPLMA-5312[0151), to R. J. Noble Company, 15505 East Lincoln Avenue, Orange, for $4,221,170.31. Council Member Erickson suggested trailing this item in, order for it to be heard in conjunction with New Business Item No. 5, Budget Adjustment No. 97-32, to fund installation of an irrigation system and drought tolerant MOTION landscaping on Harbor Boulevard medians. On motion by Trailed to New Council Member Erickson, seconded by Council Member Business Item No. 5 .Somers, and carried 4-0, the contract award was trailed. Agreement with Item 4 on the Consent Calendar was presented: Agreement Kabbara Engineering with Kabbara Engineering, 121 North Hardwood Street, for Design Services ;Orange, in an amount not to exceed $13,200.00, for design for Alley Improve- services for the improvement of Alley No. 106 (20th Street ments between Westminster Avenue and Santa Ana Avenue); Alley No. 107 (Esther Street from Westminster Avenue to 405 feet southeast of Westminster Avenue); and Alley No. 108, (Westminster.. Avenue between Esther Street and Walnut Street). Council Member Somers asked for a continuance in order to investigate deeding back the alleys to the owners in order for them to provide maintenance. She felt that many alleys throughout the City did not serve a "public purpose". The Assistant City Engineer reviewed the process by which Kabbara Engineering had been selected to prepare the preliminary engineering and construction cost estimates for the three alleys, stating that a full report will be available at the meeting of April 21, 1997. Council Member Cowan understood that this item is a demonstration project to investigate alternatives for other alleys throughout the City, and thought that one of the alternatives would be the deeding back to the property owners. MOTION/Approved A motion was made by Council Member Erickson, seconded Agreement by Council Member Cowan, and carried 4-0, approving the agreement, and authorizing the Mayor and Deputy City Clerk to sign on behalf of the City; directing staff within a 30 -day time frame to survey the property owners to ascertain the feasibility of deeding back the alleys. Council Member Cowan supported the motion because the expenditure was budgeted, and the unimproved alleys will be addressed. Mayor Pro Tem Monahan supported the motion as it is a step towards acting on the alley problems. Council Member Somers supported the motion in that the property owners along the alleys were to be included. ANNOUNCEMENT Mayor Pro Tem Monahan announced that continuing the next item had been proposed. PUBLIC HEARING The Deputy City Clerk presented the public hearing, Assessment District continued from the meeting of November 4, 1996, to No. 96-1 (Shalimar consider proposed Assessment District No. 96-1 (Shalimar Drive Alleys) Drive Alleys). Communications were received from Peter Fyfe, owner of 753 Shalimar Drive, representing Shalimar, James, 18th Street Owners Association, 17220 Newhope Street, Suite 224, Fountain Valley, in which he provided a status report for Alley No. 1 and requested additional time for the remaining three property owners to complete their sales in order for the entire block to be renovated at one time; and Paul and Margaret Purtell, 6278 Pitcairn Street, Cypress, owners and property managers of 796 West Shalimar Drive, providing an activity log of progress being made on the north side of Shalimar Drive and submitting five questions regarding the improvements. The Assistant City Engineer reviewed the Agenda Report dated December 30, 1996. The City Attorney added that the majority protest provisions have changed under Proposition 218, the "Right to Vote on Taxes Act", specifically a majority protest override by City Council is no longer, possible. Robert Graham, 3260 Dakota'' Avenue, Costa Mesa, stated that these properties originally had individual parking areas behind the units and were cross fenced. He expressed concern that the dollar figure with which the properties would be encumbered had not been mentioned. Mr. Graham asked if the City would guarantee the bonds required to effect the improvements. 375 3/6 Jim Smith, resident manager of 755 West 181h .Street, Costa Mesa, asked that the property be dropped from the Assessment District, and provided photographs of the parking lot. Mayor Pro Tem Monahan asked the Assistant City Engineer to review the photographs and submit a report. Peter Fyfe, 17521 Luther Avenue, Irvine, owner of 753 Shalimar Drive, supported a 30 -day continuance and gave an update on the owners association progress to date. Paul Purtell, 6278 Pitcairn Street, Cypress, owner of 796 West Shalimar Drive, block captain for the north side, asked if the alley behind the property at 762 Shalimar Drive was included in the project. The City Engineer responded that 762 was definitely part of the assessment district. Mr. Purtell addressed potential drainage problems which may be caused by the proposed work. The Assistant City Engineer explained that the alleys as designed by the City will meet all the required criteria. Timothy Kuhn, 520 South Sepulveda Boulevard, Suite 203, Los Angeles, receiver for the property at 792 Shalimar Drive, clarified that he must go to court to ask that the bank release funds to be deposited into a trust account for the alley improvements. John Lee, 1917 West Bay Crest, Santa Ana, reported that he is purchasing the 795 Shalimar Drive property, and has made a bid on the 793 Shalimar Drive property. He stated that he supports the alley improvements. MOTION On motion by Council Member Erickson, seconded by Council Continued to Member Somers, and carried 4-0, the public hearing was March 3, 1997 continued to the meeting of March 3, 1997, and staff was directed to work with the property owners on the public right- of-way entrance to Alley No. 3. RECOGNITION Mayor Pro Tem Monahan recognized former Council Member Sandy Genis who was in attendance. OLD BUSINESS The Deputy City Clerk presented from the meeting of Wireless Communi- December 16, 1996, second reading and adoption of Ordi- cation Radio Net- nance 96-16, pertaining to wireless digital communications work in City Right- radio networks; and a nonexclusive franchise agreement with of -Way; Agreement Metricom, Inc., 980 University Avenue, Los Gatos, to install, with Metricom operate, and maintain a wireless communication radio network in the public right-of-way. The Communications Director reviewed the Agenda report dated December 10, 1996, and showed a photograph of the proposed installation. MOTION On motion by Council Member Somers, seconded by Council Adopted Ordinance Member Erickson, and carried 4-0, Ordinance 96-16, AN 96-16 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER III TO TITLE 19 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO WIRELESS DIGITAL COMMUNICATIONS RADIO NETWORKS; was given second reading and adopted. 1 i 3'7'7 MOTION/Approved On motion by Council Member Somers, seconded by Council Agreement Member Erickson, .and carried 4-0, the agreement was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. ANNOUNCEMENT Mayor Pro Tem Monahan announced that a request had been received to continue the first portion of the next Old Business item, advertising for an engineering firm. OLD BUSINESS The Deputy City Clerk presented the seismic retrofit of City Seismic Retrofit of Hall, Police Facility, Corporation Yard, and the Downtown City Buildings Community Center: advertise for an engineering firm to prepare design plans for the seismic retrofit; and remove the Downtown Community Center from the seismic retrofit list. The Assistant City Engineering summarized the Agenda Report dated December 26, 1996. The City Attorney stated that if the Downtown Community Center were removed from the retrofit list, the City's liability would be limited. Council Member Cowan asked that Council begin to address the future of the Downtown Community Center in terms of replacing or repairing the facility. Council Member Somers expressed concern that an expenditure is being made for facilities with an undetermined life span. She suggested that if the advertising for the engineering firm is approved, that the life expectancy of the buildings be included in their report. Sharon Clarke, 19827 Ramsgate Lane; Huntington Beach, President of the Board of Directors for the Child's -Pace Foundation, indicated that they have maintained a nonprofit, State funded child care center in the Downtown Community Center for almost 20 years. She asked that the Center not be relocated as it would cause an extreme hardship for the families who use the child care services. Council Member Somers assured Ms. Clarke that removal of the Downtown Community Center was not being considered at this time. John LeVere, 2184 Miner Street, No. C, Costa Mesa, supported retaining the Downtown Community Center, and was of the, opinion that it , is a historical building. He suggested investing monies to maintain the structure. The City Manager suggested that Council Member Somer's questions regarding an estimate of the life span of the buildings and consistency of design could be included in the contract for the retrofit. MOTION/Approved A motion was made by Council Member Erickson, seconded Advertising; by Council Member Somers, and carried 4-0, directing staff to Removed Down- advertise for an engineering firm to prepare design plans, town Community determine the life span of the buildings, and ensure that City Center from Retro- Hall and the Police Facility incorporate the same design; and fit List to remove the Downtown Community Center from the seismic retrofit list. Council Member Cowan asked that the Downtown Community Center be added to the list of Council goals which are being reviewed at the Study Session of January 13, 1997. OLD BUSINESS The Deputy City Clerk presented a request from the Library Library Services Services Ad Hoc Committee for $15,000.00 for a feasibility Ad Hoc Committee study; and approval of a letter from the Mayor to be Requests distributed to the mayors of Huntington Beach, Irvine, Newport Beach, and Santa Ana, to determine of there is any interest in the sharing of library services. The Assistant to the City Manager summarized the Agenda Report dated December 26, 1996. Mayor Pro Tem Monahan suggested that since he, as Council liaison, will meet with the Library Services Ad Hoc Committee on Wednesday, January 8, 1997, that the request for a feasibility study be continued. Eleanore Humphrey, 1684 Whittier Avenue, No. 35, Costa Mesa, chairman of the Library Services Ad Hoc Committee, reported that the Committee's intent was to inquire whether there were funds available for a feasibility study. She acknowledged that the Committee will need to prepare a Request for Proposal including the scope of work, and the research will be conducted by Committee members. The City Manager reported that there is an appropriation in the current budget for securing outside services. Barbara AI-Bayati, 2163 National Avenue, Costa Mesa, stated that the purpose of the feasibility study will be to find and identify persons in ; Costa Mesa or the surrounding area who would be interested in contributing to a new City library. She explained that the services of a high -skilled and experienced fund-raiser would be required for this effort. Sandra Genis,. 1586 Myrtlewood Street, Costa Mesa, encouraged Council to keep the effort going and to explore other possibilities. She suggested contacting other cities who have a central library such as Huntington Beach. MOTION A motion was made by Council Member Erickson, seconded Continued Feasibil- by Council Member Somers, and carried 4-0, to continue the ity Study; feasibility study until more information is received from the Approved Letter Committee; and to approve sending letters to the mayors of Huntington Beach, Irvine, Newport Beach, and Santa Ana. OLD BUSINESS The Deputy City Clerk presented a request to appoint a Human Relations member to the Human Relations Committee. The City Appointment Manager reviewed the Agenda Report dated January 1, 1997. MOTION A motion was made by Council Member Somers, seconded Appointed Foley by Council Member Cowan, and carried 4-0, to appoint Katrina Foley as a regular member of the Committee for a four-year term expiring January 3, 2000. NEW BUSINESS The Deputy City Clerk presented a resolution approving the Center Tower assignmentof interests to the Center Tower Parking Garage; Parking Garage and City Attorney's Report .No. 96-100. The City Attorney summarized his report dated December 31, 1996. MOTION/Adopted -On motion by Council Member Cowan, seconded by Council Resolution 97-2 Member Erickson, and carried 4-0, Resolution 97-2, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE ASSIGNMENT BY CENTER TOWER ASSOCIATES, A CALIFORNIA PARTNERSHIP, TO CENTER TOWER ASSOCIATES, A LIMITED LIABILITY COMPANY, OF INTERESTS TO THE CENTER TOWER PARKING GARAGE, COSTA MESA, was adopted. NEW BUSINESS The Deputy. City Clerk presented a request for a person -to - ABC License for person transfer of a Type M Alcoholic Beverage License (off - Super Stop Market sale beer and wine) from Super Stop Market, 1913 Pomona Avenue. The Deputy City Manager reviewed the Agenda Report dated December 16, 1996, stating that the Conditions of Approval previously imposed on the site may be transferred with the application. He proposed asking the ABC to do so. Council Member Somers indicated that she is adamantly opposed to the transfer of many of the licenses within the City, and noted .that a Conditional Use Permit (CUP) may be required in the future. The Deputy City Manager added that a proposed amendment to the City's Zoning Code has been drafted which would require a CUP for any new convenience or liquor stores. Because of the number of liquor licenses in the City, Council Member Somers wants the ability to impose a CUP on existing businesses, if applicable. The City Attorney affirmed that a CUP could be imposed on existing businesses that serve alcoholic beverages, stipulating that the ordinance would be different than that for a new business and would require certain findings. Mayor Pro Tem Monahan suggested that members of the business community be involved in this process at the outset. MOTION A motion was made by Council Member Cowan, seconded by Transfer Not Council Member Erickson, and carried 4-0, not to protest the Protested transfer but to impose conditions of approval. Council Member Erickson noted for the record that the prior owner of the establishment had 65 police calls in a six-month period. He reported that Council had protested the transfer, and it was denied by the ABC. He stated that it appears that the new operator is doing a much better job. Council Member Somers stated that she would reluctantly support the motion but observed that it will be the burden of the City to enforce compliance. NEW BUSINESS The Deputy City Clerk presented a request for a person -to - ABC License for person transfer of a Type 41 Alcoholic Beverage License (on - Catalina Fish sale beer and wine for a bona fide eating place) for Catalina Kitchen Fish Kitchen, 670 West 17th Street, Suite G8. The Deputy City Manager reviewed the Agenda Report dated December 9, 1996. MOTION A motion was made by Council Member Erickson, seconded Received and Filed by Council Member Somers, and carried 4-0, to receive and file the request. Council Member Somers clarified that the Catalina Fish Kitchen: is a bona fide eating place, and she therefore does not object to the serving of alcoholic beverages in the establishment. 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 - 7 -Eleven Store sale beer and wine) for the 7 -Eleven store, 1515 Gisler Avenue. The Deputy City Manager summarized the Agenda Report dated December 13, 1996, explaining that the parent company is selling the franchise from one owner to another. MOTION A motion was made by Council Member Cowan, seconded by Received and Filed Council Member Erickson, and carried 3-1, Council Member Somers voting no, to receive and file the request. Council Member ' Somers opposed the motion because the applicant has been convicted of a -felony and had violated the ABC's provisions for regulations. The Deputy City Manager clarified that the parent company, The Southland Corporation, has been convicted, not the franchisee, Timothy Lyons. NEW BUSINESS The Deputy City Clerk presented the following in connection Harbor Boulevard with the Harbor Boulevard Rehabilitation Project; Rehabilitation Project Award contract for Harbor Boulevard Rehabilitation from Wilson Street to Dale Way; from Date Place to 1-405 Southbound Ramps; and from South Coast Drive to MacArthur Boulevard, Project No. 96-12 (Federal No. STPLMA-5312[0151) to R. J. Noble Company, 15505 East Lincoln Avenue, Orange, for $4,221,170.31. (Trailed from earlier in the meeting.) Budget Adjustment No. 97-32 for $206,000.00, to fund installation of an irrigation system and drought tolerant landscaping on Harbor Boulevard medians. The Assistant City Engineer reviewed the Agenda Reports dated December 27, 1996. MOTION A motion was made by Council Member Erickson, seconded Denied Adjustment by Council Member Somers, and carried 3-1, Council Member Cowan voting no, to deny the budget adjustment Council Member Erickson supported the concept of drought tolerant landscaping and drought resistant vegetation; however, he felt that taxpayers would experience a large financial net loss should the City proceed with this plan. Council Member Cowan opposed the motion because the City is doing major work on Harbor Boulevard at this time, and she felt that the City should take advantage of this opportunity to rehabilitate the medians. Mayor Pro Tem Monahan supported the motion, stating that he could not justify spending the extra $60,000.00 for the drought tolerant landscaping. MOTION A motion was made by Council Member Erickson, seconded Authorized Staff by Council Member. Somers, and carried 4-0, authorizing staff to Renegotiate to renegotiate the contract with R. J. Noble Company since Contract the budget adjustment was denied. After discussion, the Assistant City Engineer clarified that the intent of the motion was to approve the award of the contract to R. J. Noble Company, and to authorize the negotiation of a contract change order to adjust to the budget u a.�81 adjustment denial. The maker of the motion and the seconder concurred. NEW BUSINESS The Deputy City Clerk presented a request from the Newport Donation of Surplus Unified School District for donation of surplus computer Computer Equip- equipment; and sale of the balance of the surplus equipment ment to ReComp Group, 1704 South Santa Fe Street, Santa Ana. The City Manager reviewed the Agenda Report dated January 2, 1997. MOTION On motion by Council Member Somers, seconded by Mayor Approved Request; Pro Tem Monahan, and carried 4-0, the request was approved Authorized Sale , . and the sale was authorized. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Cod ek;Section 54956.9(a) to discuss People v. for Closed Session: Soffer, Harbor Municipal Court Case No. M96181. Mayor Pro People v. Soffer Tem Monahan announced that closed session would be held at the conclusion. of regular business. COUNCIL Council Member Somers asked the Mayor Pro Tem "to forward COMMENTS a letter to the Mesa Consolidated Water District asking them" . Water District EIR to continue a decision on whether to approve the Environmental Impact Report (EIR) for the Gisler Avenue colored water treatment plant which is scheduled for the District's meeting of January 9, 1997. She felt that the information contained in the EIR was not sufficient, and New Area Codes mitigating circumstances have not been addressed. Council Member Somers asked that the new area codes for the City be placed on a future agenda. The City Manager responded that this would be discussed at the meeting of January 20, Use of Gas Tax 1997. Council Member Somers asked that the $400,000.00 Funds in gas tax funds received by the City be placed on an agenda in order to discuss potential use, such as the improvement of Police and Fire 17th Street. She acknowledged the retirement of Police Department Retire- Department Captain Tom Lazar and Lieutenant Dennis Cost, ments and Fire Department Engineer Phil Worsman and Division Chief Jim Richie. Council Goals Council Member Erickson announced that Council goals will be discussed at the study session of January 13, 1997. Council Study Mayor Pro Tem Monahan reported that starting with the next Session agenda, there will be a change on the first page to reflect that a Council study session is held.at'6:00 p.m. before each City Council meeting, in first floor Conference Room A, and ABC Licenses the public is invited. In reference to previous comments regarding the requirement for a Conditional Use Permit for certain Alcoholic Beverage Control (ABC) applications, he commented that the ABC laws`�'are confusing and suggested that Council and staff review the recent City policy on this subject. He cautioned that any retroactive CUP for ABC license holders should take into consideration the subject of vested rights. ADJOURNMENT TO At 8:40 p.m., the Mayor Pro Tem adjourned the meeting to a CLOSED SESSION closed session in first floor Conference Room C to discuss the items previously announced by the City Attorney. ,382 MEETING The Mayor Pro Tem reconvened the meeting at 9:10 p.m., RECONVENED and the action taken during closed session was announced. Received Report Regarding People v. Soffer, Harbor Municipal Court Case No. Re People v. Soffer M96181, the City Attorney gave a report which was accepted by Council without any action being taken. ADJOURNMENT The Mayor Pro Tem declared the meeting adjourned at 9:15 p.m. Mayor of the City o. o. a Mesa ATTEST: Deputy City erk of the City of Costa Mesa 1