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HomeMy WebLinkAbout11/17/1997 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA NOVEMBER 17, 1997 The City Council of the City of Costa Mesa, California, met in regular session November 17, 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 Erickson, and invocation by the Reverend Tim McCalmont, Presbyterian Church of the Covenant of Costa Mesa. ROLL CALL Council Members Present: Mayor Peter Buffa Mayor Pro Tem Gary Monahan Council Member Joe Erickson Council Member Libby Cowan Council Member Heather Somers Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Community Services Director Keith Van Holt Acting Finance Director Marc Davis Assistant to the City Manager Ann Gyben Redevelopment and Housing Manager Muriel Ullman Housing Rehabilitation Coordinator Paul Miller Police Administrative Services Commander Dick Greer Police Lieutenant Ron Smith Budget & Research Officer Carol Jacobs Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council November 3, 1997 Member Somers, and carried 5-0, the minutes of the regular meeting of November 3, 1997, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded RESOLUTIONS by Council Member Somers, and carried 5-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- Ronald Coulombe, 1022 Cannonade Circle, Costa Mesa, CATIONS/Under- believed that the utilities on Sunflower Avenue, adjacent to ground Utilities his home, should have been included in Underground Utility on Sunflower District No. 20 which provides for undergrounding from Avenue Harbor Boulevard to Fairview Road. The Public Services Director reported that Southern California Edison Company has estimated a cost of $1.2 million to underground that four- 236 tenths of a mile which Mr. Coulombe is addressing. He also advised Council that due to energy deregulation, the Public Utilities Commission has not yet resolved the issue of distributing funds to cities for undergrounding purposes. MacDonald Bruce MacDonald, no address given, discussed the upcoming Lawsuit court case involving himself and the City. Undergrounding Robert Graham, 3260 Dakota Avenue, Costa Mesa, felt that Utilities undergrounding of power lines should be one of the City's goals. CONSENT On motion by Council Member Erickson, seconded by Council CALENDAR Member Somers, 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: Donald J. Adams; Cari Rae Eloe; Karl and Ginny Okada; Joan Lynn Opferman; Michael Ryan; two claims from Southern California Edison; Elizabeth Urban; and James A. Young. Alcoholic Beverage Alcoholic Beverage Control (ABC) License Requests: Control (ABC) Licenses Coco's Restaurant, 1507 South Coast Drive, for a person-to-person transfer of a Type 41 ABC license (on -sale beer and wine for a bona fide eating place). South Coast Plaza Restaurants, 3333 Bristol Street, No. 3001, for an original Type 47 ABC license (on -sale general for a bona fide eating place). Jugos Acapulco, 745 West 19th Street, Nos. A and B, for an original Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Pinot Costa Mesa, 686 Anton Boulevard, for a person- to-person transfer of a Type 47 ABC license (on -sale general for a bona fide eating place). Naomi's Cafe, 320 Bristol Street, Suite G, for an original Type 41 ABC license (on -sale beer, and wine for a bona fide eating place). BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose Approved Permit from Keiro Services/Japanese Chamber of Commerce, 325 for Keiro Services/ South Boyle Avenue, Los Angeles, by soliciting funds inside Japanese Chamber the Yaohan Supermarket, 665 Paularino Avenue, Costa Mesa, of Commerce from December 6 through December 28, 1997, was approved pursuant to Municipal Code Section 9-127(d). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1666, funding City operating expenses 1666/Payroll 9722 in the amount of $838,290.40; and Payroll 9722 for $1,428,207.38. Approved Warrant 1667, ADMINISTRATIVE ACTIONS/Bid Item 1007 ` 23'7' Warrant Resolution 1667, funding City operating expenses in the amount of $727,762.50. The following action No. 1007, Annual Maintenance: was taken in connection with Bid Item Park and Athletic Field Turf Approved Use of a contractor for Park and Athletic Field Turf Contractor and Maintenance was approved and authorization was given Crew Reassign- for the City to reassign staff from the mowing crews to ment other Community Services duties. Approved Budget Budget Adjustment No. 98-22 for $152,100.00, was Adjustment 98-22 approved. Awarded Contract Bids received for Bid Item No. 1007, Park and Athletic to Toyo Land- Field Turf Maintenance Service, are on file in the City scaping Clerk's Office. The contract was awarded to Toyo Landscaping Company, 12891 Nelson Street, Garden Grove, for an amount not to exceed $152,082.00. Approved Agree- An agreement was approved with Business Information ment with Business Technology, Inc., 1800 Sutter Street, Suite 770, Concord, in Information Tech- an amount not to exceed $80,000.00, for information nology for Staff technology staff resources, in conjunction with the Resources; completion of Phase II of the Management Information Approved Budget Services (MIS) project; the Mayor and Deputy City Clerk were Adjustment 98-25 authorized to sign on behalf of the City; and Budget Adjustment No. 98-25 for $80,000.00 was approved. Approved MCC Authorization was given for the Redevelopment Agency to Program participate in the Mortgage Credit Certificate (MCC) Program Participation in cooperation with the County of Orange. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Appeal from Karol place set for the public hearing to consider an appeal of the Anna Tran Police Chief's denial of a permit for massage practitioner from Regarding Denial Karol Anna Tran, 13631 Williamette Drive, Westminster. The of a Massage Affidavit of Publication is on file in the City Clerk's office. No Permit communications were received. The Police Lieutenant reviewed the Agenda Report dated November 7, 1997, which states that although the appellant, Ms. Tran, had no criminal conviction as specified in Costa Mesa Municipal Code Section 9-333(a)(5), review of the criminal records history for massage establishments operated by Ms. Tran found that two of her employees, Donna Kay Del Rosario and Debra Ehret, were convicted of prostitution November 19, 1996, and December 11, 1996, respectively. The Police Lieutenant also asserted that the Police Chief denied the application within 60 days as required by Costa Mesa Municipal Code Section 9- 333(b). Scott Van Soye, 1920 East 17t' Street, Santa Ana, attorney for Ms. Tran, believed that the Police Chief acted improperly when he denied Ms. Tran's permit application, noting that she completed over 1000 hours of massage training with no criminal convictions and submitted the appropriate documentation. He reported that in order for Ms. Tran to continue her massage practice while attending school to further her education in massage therapy and cosmetology, 238 she had to sublease two spaces, one to Ms. Del Rosario, and one to Ms. Ehret. Karol Anna Tran, 13631 Williamette Drive, Westminster, stated that she operated a massage therapy establishment in Newport Beach for 16 years and mentioned the qualifications and certificates she has obtained to become a massage practitioner. Responding to questions from Mayor Pro Tem Monahan, Ms. Tran provided the following information: Her establishment in Newport Beach, "The Getaway", was located at 2009 Quail Street. On September 8, 1996, she subleased space on a month-to-month basis to Ms. Del Rosario who had a Newport Beach license to operate a tanning business under the name of "Tahiti Tanning". On October 1, 1996, she subleased space on a month-to-month basis to Ms. Ehret who had a Newport Beach massage business license. Ms. Tran stated that she insisted that the two lessees pay their rent to her in cash because checks they wrote to her at the outset were returned by the bank. Ms. Tran added that after school hours, she worked at her business, "The Getaway", during the same period of time that Ms. Del Rosario and Ms. Ehret were subleasing space from her. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Erickson, seconded Denied Permit by Council Member Cowan, and carried 5-0, to uphold the Police Chief's denial of the application. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Vacation of Alley place set for the public hearing to consider a resolution Right -of -Way ordering the vacation of street and alley right-of-way at 2374 Newport Boulevard. The Affidavit of Publication and Posting of the Property is on file in the City Clerk's office. Communications were received from Pacific Bell, 3939 East Coronado Street, 2"d Floor, Anaheim, asking that its existing easements for aerial underground facilities be reserved; and Southern California Gas Company, Post Office Box 3334, Anaheim, requesting reservation of its existing easements. The Public Services Director reviewed the Agenda Report dated November 10, 1997, and showed an overhead transparency of the site. A representative from Southern California College was present; however, Council had no questions. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Mayor Pro Tem Monahan, seconded by Council Resolution 97-95 Member Somers, and carried 5-0, Resolution 97-95, was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CALIFORNIA, ORDERING THE VACATION OF STREET AND ALLEY RIGHT-OF-WAY AT 2374 NEWPORT BOULEVARD, and the Mayor and Deputy City Clerk were authorized to execute the Quitclaim Deed. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Orange County place set for the public hearing to consider a resolution Taxi Administration adopting Orange County Taxi Administration Program Program Regulations and Business License Fee. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Clerk also presented from the meeting of November 3, 1997, second reading and adoption of Ordinance 97-33, regulating Taxicabs pursuant to the Orange County Taxi Administration Program. The Acting Finance Director summarized the Agenda Report dated November 7, 1997. 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 97-96 was 97-96 adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING ORANGE COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS AND BUSINESS LICENSE FEE. MOTION/Adopted A motion was made by Mayor Pro Tem Monahan, seconded Ordinance 97-33 by Council Member Somers, and carried 5-0, to give second reading and adopt Ordinance 97-33, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 9-27 OF ARTICLE 4 AND ARTICLE 16 OF TITLE 9 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE REGULATION OF TAXICABS PURSUANT TO THE ORANGE COUNTY TAXI ADMINISTRATION PROGRAM. OLD BUSINESS The Deputy City Clerk presented from the meeting of Floor Area Ratio November 3, 1997, second reading and adoption of Standards Ordinance 97-32, regarding deviations from Floor Area Ratio standards. MOTION/Adopted A motion was made by Mayor Pro Tem Monahan, seconded Ordinance 97-32 by Council Member Somers, and carried 5-0, to give second reading and adopt Ordinance 97-32, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 13-69 OF THE CITY OF COSTA MESA MUNICIPAL CODE REGARDING DEVIATIONS FROM FLOOR AREA RATIO STANDARDS. OLD BUSINESS The Deputy City Clerk presented the Spring 1998 "Neighbors - Spring 1998 for -Neighbors" community clean-up. The Housing "Neighbors -for Rehabilitation Coordinator summarized the Agenda Report Neighbors" dated October 13, 1997. MOTION A motion was made by Council Member Erickson, seconded Designated the by Council Member Somers, and carried 5-0, to designate the Joann and Darrell Joann and Darrell Streets neighborhood, located in an eligible Streets Neighbor- Community Development Block Grant (CDBG) target area, and hood Target Area to include single-family homes. 240 OLD BUSINESS The Deputy City Clerk presented a subrecipient agreement Youth Employment with Youth Employment Services (YES) of the Harbor Area, to Services (YES) purchase the National Charity League building at 114 East Agreement 19th Street, Costa Mesa. The Redevelopment and Housing Manager summarized the Agenda Report dated October 14, 1997. MOTION/Approved On motion by Council Member Somers, seconded by Council Agreement Member Erickson, and carried 5-0, the agreement was approved, and the City Manager was authorized to make any necessary minor modifications. OLD BUSINESS The Deputy City Clerk presented the site cleanup of the Site Cleanup of underground fuel leak at the Corporation Yard: Underground Fuel Leak at Corporation Provide additional funding in the amount of $113,362.00 Yard to commence with the site cleanup of the gasoline - polluted soil and ground water located at the Corporation Yard. Request for the City Manager to use funds remaining from the previously authorized work, and the City's self- insurance fund to cover these costs. The Public Services Director reviewed the Agenda Report dated November 10, 1997. MOTION/Approved A, motion was made by Council Member Erickson, seconded Funds for the by Council Member Somers, and carried 5-0, approving funds Cleanup for the cleanup as stated above. OLD BUSINESS The Deputy City Clerk presented the 1997-98 Community 1997-98 Com- Objectives First Quarter Report. The Budget & Research munity Objectives Officer summarized the Agenda Report dated November 4, 1997. Council Member Somers asked if Habitate for Humanity was included in Item No. 98-05, Single -Family Home Development: Encourage Home Ownership. The City Manager responded that Habitate for Humanity could be included into this objective for the next reporting period. MOTION/Received A motion was made by Council Member Somers, seconded and Filed the by Council Member Erickson, and carried 5-0, to receive and Report file the report. OLD BUSINESS The Deputy City Clerk presented a request to allocate Citizens' Option $235,979.00 of 1997-98, Assembly Bill 1584, Citizens' for Public Safety Option for Public Safety (COPS) funds, and a $24,091.00 (COPS) surplus of 1996-98, Assembly Bill 3229 COPS funds, to acquire and install an In -vehicle Video Camera System for $260,070.00; and Budget Adjustment No. 98-23 for $260,070.00. The Police Administrative Services Commander reviewed the Agenda Report dated October 15, 1997. In response to a question from Council Member Somers, the Police Administrative Services Commander stated that video tapes will be stored on high density shelves at the Police Department since Assembly Bill 820 requires tapes to be stored for one year. 1 .241 MOTION/Approved A motion was made by Council Member Somers, Allocation and Bud- seconded by Council Member Erickson, and carried 5-0, get Adjustment to approve the allocation and Budget Adjustment No. 98-23 98-23. OLD BUSINESS The Deputy City Clerk presented the Residential Permit Residential Permit Parking Policy. The Public Services Director reviewed the Parking Policy Agenda Report dated November 10, 1997. Regarding Condition No. 3 of the guidelines, the Public Services Director explained that the intent of this condition is to restrict residents on one street in a single-family residential tract from requesting exclusive use of their street for parking. Council Member Somers felt that the language in Condition No. 3 needed to be.: clarified so that the residents are not prevented from coming before Council to request "resident only permit parking" if, in fact, there is an impact problem in their residential neighborhood. Greg Brown, 2501 Christopher Lane, Costa Mesa, asked that handicap access on Fair Drive be provided. MOTION/Approved A motion was made by Council Member Cowan, seconded by Guidelines Council Member Erickson, and carried 5-0, to approve the guidelines to consider installation or removal of "resident only" permit parking. NEW BUSINESS The Deputy City Clerk presented a request for Council to Community decide whether to establish a Community Foundation, and if Foundation established, determine the level of support. The Assistant to the City Manager summarized the Agenda Report dated November 6, 1997, and responded to questions from Council regarding the various options on establishing a Foundation and the formation of a Board of Directors. Bob Kiley, Executive Director, City of Tustin Community Foundation, reported that their Community Foundation raised over $100,000.00 last year, because as director, he could oversee the Foundation, as opposed to volunteers trying to conduct all the work involved in making the program a success. He mentioned that they do have a City Council Member serving as a liaison on their Community Foundation Board of Directors. Mr. Kiley responded to a question from Council Member Somers by stating that his salary has been a City -budgeted item for the past two years; however, he expects that it will be paid by the Foundation next year. MOTION/Approved A motion was made by Council Member Cowan, seconded by Foundation Based Council Member Somers, to approve the establishment of a on Option B Community Foundation based on the Option B model. Council Member Somers asked the maker of the motion if she would consider a volunteer for the Executive Director position. Council Member Cowan explained that her interest in Option B was for a contracted position to operate the Foundation. After discussion, Council Member Somers withdrew her second and Mayor Buffa seconded the motion. 242 Mayor Buffa suggested that staff prepare and process a Request for Qualifications (RFQ) in order to obtain the best qualified applicants. Council Member Erickson thought that a Community Foundation was a good idea, but could not support the motion because of the costs that would be involved. He preferred having City staff apply for federal grants as they have done in the past. Mayor Pro Tem Monahan opposed the motion because he did not agree with Option B. Substitute Motion A substitute motion was made by Mayor Pro Tem Monahan, To Approve seconded by Council Member Erickson, to establish the Foundation Based Foundation, approving Option A, with the opportunity to on Option A review this option at a later date to determine if a contracted Failed to Carry Executive Director was indeed needed. Mayor Buffa opposed the substitute motion because he believed that approving Option B and processing an RFQ would provide a wide range of possibilities in determining the availability of qualified persons. Council Member Somers stated that she would not be supporting the substitute motion because she believed that it is important to have a Director oversee the Foundation and that there are numerous grants that can only be obtained through a Foundation. The substitute motion failed to carry, 3-2, Council Members Buffa, Somers, and Cowan voting no. The original motion to establish the Foundation based on Option B carried 3-2, Council Members Monahan and Erickson voting no. RECESS The Mayor declared a recess at 8:35 p.m., and reconvened the meeting at 8:40 p.m. NEW BUSINESS The Deputy City Clerk presented an agreement with David Agreements with Evans and Associates, Inc., 800 North Haven Avenue, Suite David Evans to 300, Ontario, for $71,220.00, to design the Costa Mesa Design the Soccer Soccer Complex, at the Costa Mesa High School farm site; Complex; and and an agreement with Tatsumi and Partners, 20250 Acacia Tatsumi and Street, Suite 230, Santa Ana Heights, for $74,205.00, for Partners to Design evaluation, master plan, and design to renovate the TeWinkle the Softball Park Softball Complex. The Community Services Director Complex reviewed the Agenda Report dated November 10, 1997. Council Member Cowan requested that the design of the restrooms at the soccer complex include a farm theme as an extra option in the master plan. In response to a question from Council Member Erickson, the Community Services Director stated that staff is currently examining the possibilities of Costa Mesa Pop Warner football practice being included in the use of the soccer complex fields. MOTION/Approved A motion was made by Mayor Pro Tem Monahan, seconded Agreements by Council Member Erickson, and carried 4-1, Council Member Somers voting no, to approve the agreements with David Evans and Tatsumi and Partners, and to authorize the City Manager to sign on behalf of the City. Council Member Somers opposed the motion because she felt that a master plan was needed to look at the entire complex instead of doing the project piecemeal. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Sections 54956.9(a), 54956.9(c), and for Closed Session: 54957 to discuss the following items: The City of Costa City v. Reinglass; Mesa v. Darwin Reinglass, Harbor Municipal Court Case No. City v. Binnquist; 95C 2858; City of Costa Mesa v. Cathy Binnquist, Costa and Performance Mesa Tennis Club;.Concession Agreement; and performance Evaluation of the evaluation of the City Attorney and City Manager. The Mayor City Manager and announced that closed session would be held at the City Attorney conclusion of regular business. MOTION/Rejected After brief discussion, Council decided to take action on the Settlement Offer Reinglass lawsuit during open session. A motion was made from Reinglass by Council Member Erickson, seconded by Council Member Cowan, and carried 5-0, to reject the settlement offer from Darwin Reinglass, Harbor Municipal Court Case No. 95C 2858. COUNCIL Council Member Erickson congratulated Virgil and Margaret COMMENTS Nolde, David and Kris Silva, and Larry and Colleen Whitfield, Costa Mesa's for being chosen as "Costa Mesa's Families of the Year" at Families of the the Third Annual Newport -Mesa -Irvine Interfaith Council Year Awards Thanksgiving Choir Festival on Sunday, November 16, 1997. ADJOURNMENT At 8:55 p.m., the Mayor adjourned the meeting to a closed TO CLOSED session in first floor Conference Room B to discuss the items SESSION previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 9:45 p.m., and the RECONVENED action taken during closed session was announced. MOTION/Accepted By a vote of 5-0, Council accepted the counter offer from Binnquist Offer Cathy Binnquist to settle for the $1,000.00 deposit. MOTION/Approved By a vote of 5-0, Council approved a compensation increase Compensation of 3.5 percent for the City Manager and the City Attorney Increase effective November 17, 1997. ADJOURNMENT The Mayor declared the meeting adjourned at 9:50 p.m. Mayor of the City of ATTEST: Deputy City C e of the City of Costa Mesa esa .:243