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HomeMy WebLinkAbout01/05/1998 - City Council275 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA January 5, 1998 The City Council of the City of Costa Mesa, California, met in regular session January 5, 1998, 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 Mayor Buffa. 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 Personnel Services Director _ Steve Hayman Community Services Director Keith Van Holt Budget and Research Officer Carol Jacobs Facilities and Equipment Superintendent Mike Waters Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council December 8 and Member Cowan, and carried 5-0, the minutes of the special 15, 1997 joint meeting of December 8, 1997, and regular meeting of December 15, 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. NEIGHBORHOOD Mayor Pro Tem Monahan announced that Neighborhood WATCH MEETINGS Watch Meetings for December, 1997, were hosted by the Shalimar Homeowners Association/Carm Gullo, West Side Substation, on December 3; and Whittier Elementary School Parents/Sharon Blakekly, Whittier Avenue, on December 9. PRESENTATION Kim Barone, Regional Manager of Southern California Edison Edison Company Company, 1325 South Grand Avenue, Suite B, Santa Ana, Check for Lighting presented a check for $24,820.00 to the Mayor, Public Retrofit Services Director, and Facilities and Equipment Superintendent, which represents energy savings by the City for retrofitting its lighting. She introduced Michelle Garcia, Account Executive, who detailed the rebate process. ORAL COMMUNI- Michael Wayne Placker, residing at the Costa Mesa Motor CATIONS Inn, 2277 Harbor Boulevard, Costa Mesa, addressed a City Motel Ordinance ;ordinance which became effective January 1, 1998, limiting ;the duration of a motel stay to 28 days. He reported that locating suitable housing for himself and his family is not feasible at this time, and asked that the matter be resolved in ,order for them to continue their residence at the motel. Mayor Buffa suggested that Mr. Placker contact the City Attorney for a response to his inquiries. Newport Boulevard ;Irene Shannon, 1640 Newport Boulevard, No. 17, Costa Parking Restrictions !Mesa, objected to the termination of overnight parking on old ;Newport Boulevard between 15th and 17th Streets. She indicated that residents in the mobile home park had not been potified of this change, and they need the on -street parking ;because of an increased number of cars in the park. Mayor ;Buffa responded that since two petitions had been received, ;one from the Chamber of Commerce and the other from the ;residents, parking restrictions will not be in place until the ;end of January, 1998, and this subject will be discussed at the Council meeting of January 19, 1998, if resolution to the problem is not found. Gang Activity John Feeney, 1154 Dorset Lane, Costa Mesa, reported on ;the activities of a gang in his neighborhood. When Mr. Feeney inquired why the City did not use methods to control ,the gangs, such as injunctions which are utilized by other ,cities, he was informed that they were extremely expensive. He stated that the Mesa North residents have hired private 'Patrols, cleaned up the neighborhood, and more, but the ,gang problem still exists. Mayor Buffa .asked that the City Attorney report on the injunction process at the meeting of January 19, 1998. The City Manager suggested that the Police Department also provide a report on its level of enforcement in the neighborhood. CONSENT The following item was removed from the Consent Calendar: CALENDAR Item No. 12, Completion of Emergency Fuel Leak Cleanup and Restoration at the Corporation Yard, Phase II, Project No. 97-02. MOTION/Approved On motion by Council Member Erickson, seconded by Council Except Item No. 12 Member Somers, and carried 5-0, the remaining Consent 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: Alfred Bejjani; Kristine Cachola;. Robert, Richard, and Dorothea Franzke; John C. Hacker; Vinton Robert Henry; Luann Klein; Ryan A. Millett; Joel Nutting; Vince Thompson; and Jeanette Walden. Alcoholic Beverage Alcoholic Beverage Control (ABC) Licenses: Control (ABC) Licenses Crutchfield°s Fish and Chips, 88 Fair Drive, for a person- to-person transfer of a Type 60 ABC license (on -sale beer I for seasonal business). 1 1 1 Central Market, 1031 EI Camino Drive, for a person-to- person transfer of a Type 20 ABC license (off -sale beer and wine). Harbor Fair Texaco, 2502 Harbor Boulevard, for an additional name to an existing Type 20 ABC license (off - sale beer and wine). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1672, funding City operating expenses 1672/Payroll 9725 for $714,569.12; and Payroll 9725 for $1,411,011.66. Approved Warrant Warrant Resolution 1673, funding City operating expenses 1673 for $502,013.27. Approved Warrant Warrant Resolution 1674, funding City operating expenses 1674/Payroll 9726 for $251,739.49; and Payroll 9726 for $1,462,041.74. ADMINISTRATIVE Bids received for Bid Item No. 1015, Janitorial Services, are ACTIONS/Awarded on file in the City Clerk's office. The contract was awarded Bid Item No. 1015, to Metro Building Maintenance Company, 3171 West Olympic Janitorial Services, Boulevard, Suite 553, Los Angeles, for an annual amount not to Metro to exceed $80,144.00. Awarded TeWinkle The bid received for Remodeling of Athletic Field Lighting at Park Lighting to TeWinkle Park is on file in the City Clerk's office. The Mackenzie; contract was awarded to Mackenzie Electric, Inc., 615 West Approved Budget 48th Street, San Bernardino, for $26,500.00; and Budget Adjustment 98-33 Adjustment No. 98-33 for $26,50.0.00, was approved. Approved Agree- An agreement was approved with Kabbara Engineering, 121 ment with Kabbara North Harwood Street, Orange, for $25,775.00, for design of for Alley Nos. 15 Alley Nos. 15 and 54, and the Mayor and Deputy City Clerk and 54 Design were authorized to sign on behalf of the City. Approved Agree- An agreement was approved with California Forensic ment with California Phlebotomy, Inc., 26012 Marguerite Parkway, Suite H-235, Forensic Mission Viejo, in an amount not to exceed $35,000.00, for Phlebotomy blood withdrawal and testing services, and the Mayor and for Blood Testing Deputy City Clerk were authorized to sign on behalf of the Services City. Approved Budget Budget Adjustment No. 98-32 was approved for Adjustment No. $120,000.00, to cover the cost of change orders for 1-405/ 98-32, Project No. Harbor Boulevard/South Coast Drive Interchange 97-03 Improvements, Project No. 97-03. Approved Change Change Order No. 1 was.,., approved for $8,000.00, in Order No. 1, 1-405 connection with the contract with Dokken Engineering, 3054 Improvements, Gold Canal Drive, Rancho Cordova, for 1-405/Harbor Project No. 97-03 Boulevard/South Coast Drive Interchange Improvements, Project No. 97-03. Approved Agree- An agreement was approved with PRC Public Sector, Inc., ment with PRC 135 Main Street, Suite 1900, San Francisco, for for Computer $104,183.50, to provide computer software and hardware Maintenance maintenance and recover -all computer equipment coverage for the public safety computer system, and the Mayor was authorized to sign on behalf of the City. `277 2'78 Accepted Work for Pavement Overlay and Reconstruction of Anaheim Avenue, Pavement Overlay 19th_ Street to Superior Avenue; Monrovia Avenue, 19th Street of Various Streets, to 18th Street; and Pomona Avenue, 19th Street to 18th Street, Project No. 97-11, Project No. 97-11, was completed to the satisfaction of the by All American Public Services Director by All American Asphalt, 1776 All Asphalt American Way, Corona. The work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Completion of Emer- Item 12 on the Consent Calendar was presented: Completion gency Fuel Leak of Emergency Fuel Leak Cleanup and Restoration at the Cleanup at Corpora- Corporation Yard, Phase II, Project No. 97-02, by Atlas tion Yard, Project Environmental Engineering, Inc., 5122 Bolsa Avenue, Suite No. 97-02 1407, Huntington Beach. On motion by Council Member Cowan, seconded by Council Member Somers, and carried 5 - MOTION 0,, the item was withdrawn as requested by the Public Item Withdrawn Services Director. PUBLIC HEARING The Deputy City Clerk announced the public hearing, Appeal of ZA-96- continued from the meeting of December 1, 1997, to 21 A, Shab/Global consider an appeal of the Planning Commission's denial of Cellular Zoning Action ZA-96-21 A, from Jim Shab, Global Cellular, 1848 Newport Boulevard, Costa Mesa, for a Minor Conditional Use Permit to amend the planned signing program to allow a changeable copy building sign at the above address in a C2 zone. Environmental Determination: Exempt. Mayor Buffa announced that the applicant requested additional time to reexamine the application. MOTION On motion by Mayor Buffa, seconded by , Mayor Pro Tem Continued to Monahan, and carried 5-0, the public hearing was continued February 2', 1998 to the meeting of February 2, 1998. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Annual Review of place set for the public hearing to consider the annual review DA -88-02A, Arnel of Development Agreement DA -88-02A, between Arnel Development and the City of Costa Mesa, for the Metro Pointe property located in the 900 block of. South Coast Drive. Environmental Determination: Previous 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 December 12, 1997. There being no speakers, the Mayor closed the public hearing. A motion was made by Council Member Erickson, seconded by Council -Member Cowan, to determine that Arnel Development has demonstrated good faith compliance with the terms and conditions of the agreement, and to delegate future review responsibility to the Development Services Director. At the request of Council Member Somers, he withdrew his motion so that the actions could be separated. Council Member Erickson noted the difference between the development agreements with Arnel Development and the Automobile Club of Southern California, stating that review of the latter had been delegated to the Planning Commission. He felt that this would be a simplification of the process. Council Member. Somers opposed delegating the responsibilities to staff, suggesting that review should be referred to the Planning Commission. MOTION/ A motion was made by Council Member Erickson, seconded Determined Arnel by Council Member Cowan, and carried 5-0, to determine Demonstrated Good that Arnel Development' has demonstrated good faith Faith Compliance compliance with the terms and conditions of the agreement. MOTION Citing his aforementioned comments, a motion was made by Review Delegated to Council Member Erickson, seconded by Council Member Staff Cowan, and carried 4-1, Council Member Somers voting no, to delegate the responsibility for future review to the Development Services Director, pointing out that any decision may be appealed,tolthe City Council. PUBLIC HEARING The Deputy City Clerk announced that this was the time and 1997-98 User Fees place set for the public hearing to consider an ordinance and Charges amending Section 2-450 of Title 2 of the Costa Mesa Municipal Code to authorize new user fees for 1997-98. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Budget and Research Officer summarized the Agenda Report dated December 29, 1997, noting that a new Community Services category has been added, "Facility Activities", which encompasses the community centers and athletic field rentals. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Cowan, seconded by Mayor Ordinance 98-1 Pro Tem Monahan, and carried 5-0, Ordinance 98-1, AN Given First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 2-450 OF TITLE 2 OF THE COSTA MESA MUNICIPAL CODE TO AUTHORIZE NEW USER FEES, was given first reading. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Vacation at 1984 place set. for the public hearing to consider a resolution Church Street ordering the vacation of a 337.50 -square -foot parcel at 1984 Church Street_; and Quitclaim Deed No. 3405. The Affidavits of Publishing and Posting of Property are on file in the City Clerk's office. A communication was received from Southern California Gas Company, Post Office Box 3334, Anaheim, asking that the existing easement be reserved for their facilities within that property. The Public Services Director reviewed the Agenda Report dated December 29, 1997. Bob Krogn, 1.77 Riverside Drive, Newport Beach, reported that he; owns the small parcel," containing a garage which is adjacent to the subject property. He stated that the only access to his garage is across the City's property, and expressed concern that this. accesscould be denied should the new owner decide to construct a wall. The Public Services Director stated that the City could establish an alley as an option, or a private alley could be developed through a homeowners association. The City Attorney stated the City's position that public ingress and egress to this parcel has never been provided so they are not responsible nor liable to the property owner should he be denied access. There being no other speakers, the Mayor closed the public hearing. 21 :280 Council Member Erickson thought that a "prescriptive easement" would protect Mr. Krogn's private property rights and access to the parcel. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Resolution 98-1 Member Cowan, and carried 5-0, Resolution 98-1, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF A 337.5 -SQUARE -FOOT PARCEL AT 1984 CHURCH STREET, was adopted, and the Mayor and Deputy City Clerk were authorized to sign Quitclaim Deed No. 3405 on behalf of the City. OLD BUSINESS The Deputy City Clerk presented a Request for Proposals and City Electric Power Qualifications to provide electric power supply and related Supply services for the City of Costa Mesa. The Public Services Director summarized. the Agenda Report dated December 9, 1'997, noting that the date of deregulation has been postponed to March 31, 1998. The City Attorney reported that the 32nd District Agricultural Association (Orange County Fairgrounds) and the City of Newport Beach are interested in participating with the City. Mayor Buffa indicated that he would prefer that the Request for Proposals and Qualifications be open to everyone, consultants, generators, Southern California Edison Company, etc. A question and answer period ensued. i Kim Barone, Regional Manager of Southern California Edison Company, 1325 South Grand Avenue, Suite B, Santa Ana, encouraged Council to consider all options prior to deciding o'n a course of action. She pointed out that there is time to make an orderly and informed decision since the Independent Systems Operator and Power Exchange announced the delay of the operational date until March 31, 1998. She stated that should an energy services provider offer a direct access contract for generation, the City should demand a binding contractual agreement that the City will never pay more than they would have as an Edison customer. Ms. Barone noted that Southern California Edison concurs with the RFP process as recommended in the Agenda Report, and reported that Edison's role as the City's electric distribution utility company is unaffected by the industry changes. RECOGNITION Mayor Buffa recognized Bill Mahoney, Southern California Edison Company, the former mayor of La Habra; and Edison Vice President JoEllen Allen, Vice Chair of the Republican Party of Orange County. MOTION/Directed A motion was made by Council Member Erickson, seconded Staff to Issue RFP by Mayor Buffa, and carried 5-0, directing staff to issue Request for Proposals and Qualifications with a. broad range of alternatives to be presented to Council at a future date. OLD BUSINESS The Deputy City Clerk presented Cooperative Agreement No. Agreement with C-7-0558 with the Orange County Transportation Authority OCTA for SARX (OCTA) for the Santa Ana River Crossings (SARX) Study. A Study communication was received from Bill Nyholm, Post Office Box 1533, Newport- Beach, supporting a proposed 19th Street bridge. The Public Services Director summarized the Agenda i 7 1 281 Report dated December 29, 1997, stating that there will be at least one or two public meetings in several different cities during the course of the development of the Environmental Impact Report. The City Manager reported that a meeting had been held with the Mayor of Huntington Beach who expressed an interest in offsetting a portion of the cost of the study, and OCTA and Newport Beach have verbally concurred to reduce Costa Mesa's portion if Fountain Valley and Huntington Beach contribute. MOTION/Approved On motion by Mayor Pro Tem Monahan, seconded by Council Agreement Member Somers, and carried 5-0, the agreement was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. NEW BUSINESS The Deputy City.:,Clerk presented a request for Retirement Retirement Commit- Committee Appointments: tee Appointments Resolution delegating authority to the City Council and assigning the responsibility to make certain determinations and applications relating to disability retirements. Appoint committee members. Designate City Manager as the appeal authority. NEW BUSINESS The Deputy City Clerk presented a request from Sirius Request from Sirius Theatre, 2870 Tabago Place, Costa Mesa, to waive fees for Theatre for Fee the use of Estancia Park for the "Summer of .Shakespeare" on Waiver June 5 and 6, August 5 and 6, and August 22 and 23, 1998; and a request for a $5,000.00 payment for the production. The Community Services Director summarized the Agenda Report dated December 18, 1997. The City Attorney clarified that accepting donations in the park for this event would be permissible. Jeffrey Shaw, Producing Director, Sirius Theatre Company, reported that this is the third year the theater has performed and are looking to make it a City cosponsored event. He indicated that they could send representatives to the schools to encourage students to attend the performances. Mr. The Personnel Services Director reviewed the Agenda Report dated December 29, 1997. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Resolution 98-2; Member Cowan, and carried 5-0, Resolution 98-2 was Appointed adopted: A RESOLUTION OF THE CITY COUNCIL OF THE Committee CITY OF COSTA MESA, CALIFORNIA, DELEGATING ITS AUTHORITY AND ASSIGNING THE RESPONSIBILITY TO MAKE CERTAIN DETERMINATIONS AND APPLICATIONS RELATING TO DISABILITY RETIREMENTS UNDER THE PUBLIC EMPLOYEES' RETIREMENT LAW, AND TO PROMULGATE RULES AND PROCEDURES TO IMPLEMENT SUCH RESPONSIBILITY; Personnel Services Director Steve Hayman, Acting Finance Director Marc Davis, Police Lieutenant John FitzPatrick, and Fire Captain Charles Bassett were appointed to the Retirement Committee; and the City Manager was designated as the appeal authority. NEW BUSINESS The Deputy City Clerk presented a request from Sirius Request from Sirius Theatre, 2870 Tabago Place, Costa Mesa, to waive fees for Theatre for Fee the use of Estancia Park for the "Summer of .Shakespeare" on Waiver June 5 and 6, August 5 and 6, and August 22 and 23, 1998; and a request for a $5,000.00 payment for the production. The Community Services Director summarized the Agenda Report dated December 18, 1997. The City Attorney clarified that accepting donations in the park for this event would be permissible. Jeffrey Shaw, Producing Director, Sirius Theatre Company, reported that this is the third year the theater has performed and are looking to make it a City cosponsored event. He indicated that they could send representatives to the schools to encourage students to attend the performances. Mr. 282 Shaw stated that the actors are not paid, and noted that the 5:5,000.00 would be directed towards production. He replied to Council Member Erickson by stating that they could not produce the event without the $5,000.00 payment. Council Member Somers suggested that Mr. Shaw contact businesses to ascertain if they would allow the production on their property and perhaps provide a monetary contribution. She acknowledged her support of reinstating the grants for the arts. Council Member Cowan supported the concept of having performances in the park. Motion to Approve A motion was made by Council Member Cowan to approve City Sponsorship City sponsorship of this program, to provide $5,000.00 from Died the current Community Services budget to support the theater, and to direct Community Services to work with the Sirius Theatre to produce the three events. The motion died for lack of a second. MOTION A motion was made by Council Member Somers, seconded Waived Fees by Council Member Erickson, and carried 4-1, Mayor Pro Tem Monahan voting no, to waive the $600.00 in park fees and the $100.00 deposit for the Sirius Theatre. CITY ATTORNEY'S REPORT/Request for Closed Session: Garibaldi de Noche' CITY MANAGER'S REPORT/Emergency Repair of Harbor and Wilson Sink Hole MOTION/Approved Authorization Council Member Erickson stated that he would not support a grant of the City's funds.. Council Member Cowan supported the motion but reiterated her interest in supporting the group with the $5,000.00 donation. Council Member Somers thought that monetary grant should be considered as a regular item for future budgets, and supported the reinstatement of grant monies for the arts. Council Member Somers proposed that the Costa Mesa Tourism and Promotion Council be made aware of the needs of the Sirius Theatre. Mayor Buffa asked Mr. Shaw to contact the City Manager to arrange a meeting. The City Attorney requested a closed session pursuant to Government Code Section 54956.9(a) to discuss City accusation regarding Garibaldi de Noche/Elizabeth Gonzalez. The Mayor announced that closed session would be held at the conclusion of regular business. The City Manager presented the emergency repair of the sink hole at Harbor Boulevard and Wilson Street. The Public Services Director summarized the Agenda Report dated December 29, 1997. i On motion by Council Member Cowan, seconded by Council Member Erickson, and 'carried 5-0, the City Manager's emergency authorization was approved. CITY MANAGER'S The Personnel Services Director presented a resolution REPORT/Part Time revising the rates of pay for classifications and employees Pay Rates placed outside the basic pay schedule, specifically, part-time employees; and Budget Adjustment No. 98-36 for $19,000.00. He reviewed the Agenda Report dated December 29, 1997. k 1 1 1 MOTION/Adopted On motion by Council Member Erickson, seconded by Council Resolution 98-3; Member Somers, and carried 5-0, Resolution 98-3 was Approved Budget adopted: ARESOLUTION -OF THE CITY COUNCIL OF THE Adjustment No. CITY OF COSTA MESA, CALIFORNIA, REVISING THE RATES 98-36 OF PAY FOR CLASSIFICATIONS AND EMPLOYEES PLACED OUTSIDE THE BASIC PAY SCHEDULE; and Budget Adjustment No. 98-36 was approved. CITY MANAGER'S The Personnel Services Director presented an agreement with REPORT/Agreement Ralph Andersen and Associates, 4240 Rocklin Road, Suite with Andersen for 11, Rocklin, California, for $29,690.00, for a management Management Study organizational study; and. Budget Adjustment No. 98-37 for $29,690.00. He summarized the Agenda Report dated December 29, 1997. MOTION/Approved On motion by Council Member Erickson, seconded by Council Agreement; Member ""'a'nd carried 5-0, the agreement was Approved Budget approved, the Mayor'and Deputy City Clerk were authorized Adjustment No. to sign on behalf of the City, and Budget Adjustment No. 98- 98-37 37 was approved. COUNCIL Council Member Erickson congratulated the American Youth COMMENTS Soccer Organization (AYSO) on the recent Costa Mesa AYSO Tournament Classic Soccer Tournament which brought in 200 teams from the western states with 9,000 persons visiting the City during the tournament. Permit Processing Mayor Pro Tem Monahan. commented that three permits would be needed for the Sirius Theatre, addressed this evening as New Business Item No. 2, and asked that staff review permit processing in the _ future with the intent of simplifying the process by consolidating these permits. ADJOURNED TO At -8:25 p..m., Mayor Buffa adjourned the meeting to a closed CLOSED SESSION session in first floor Conference Room A to discuss the items previously announced by the City Attorney. MEETING Mayor Buffa reconvened the meeting at 9:15 p.m., and the RECONVENED action taken during closed session was announced. MOTION In the City accusation regarding Garibaldi de Noche/Elizabeth Authorized Counter- Gonzalez, by a vote of 5-0, Council authorized the City Settlement Offer Attorney to issue a counter -settlement offer as recommended in his confidential memorandum dated December 23, 1997. ADJOURNMENT The Mayor declared the meeting adjourned at 9:20 p.m. .wor-f tve City of Costa Mesa ATTEST: Deputy City Clerk of the City of Costa Mesa 283