HomeMy WebLinkAbout03/02/1998 - City Council310
REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
March 2, 1998
The City Council of the City of Costa Mesa, California, met in
regular session March 2, 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
Erickson, and invocation by Mr. William C. Williams, Southern
California College.
ROLL CALL CouncilMembers'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
Police Lieutenant Ron Smith
Deputy City Clerk Mary Elliott
MINUTES On motion by Council Member Erickson, seconded by Council
February 17, 1998 Member Somers, and carried 5-0, the minutes of the regular
meeting of February 17, 1998, 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 commended the. Shalimar -James -
WATCH MEETINGS 181h Street Apartment Owners Association and Carm Gullo for
hosting a Neighborhood Watch Meeting on February 21,
1998.-
ORAL
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ORAL COMMUNI- Caroline Butler, 208 Susannah Place, Costa Mesa, reported
CATIONS that over 350 people attended the Costa Mesa Senior
"Evening in Monte Center's "Evening in Monte Carlo" which raised $15,000.Q0
Carlo" for the Center. She thanked the volunteers, City staff, and
the community for their support.
Westar Complaint, Roger Blanchard, 1144 Sea Bluff Drive, Costa. Mesa, referring
PA -97-53 to Planning Application PA -97-53, Westar Nutrition,
complained that,, some requirements.. contained in the
Conditions of Approval have not been corripleted=_in a. timely
manner. He asked if the Conditional, Use -=Permit -(CUP) would
be deemed void because of their lack of action' he Deputy
City Manager responded that a letter has been, forwarded to
Westar with a 10 -day deadline for. compliants. He added
that the .CUP may be referred to the Plarin.ing Commission or
to the City Attorney if they do not respond appropriately.
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MediaOne Town Del Heintz, MediaOne, 200 Paularino Avenue, Costa Mesa,
Hall Meeting extended an invitation to a town hall meeting at the
Neighborhood Community Center on March 10, 1998, at
6:00 p.m. He announced that the current network is now
being evaluated, and that construction of the "network of the
future" will begin in June, 1998.
"Moon Park" Sign Robert Graham, 3260 Dakota Avenue, Costa Mesa, noted the
importance of "Moon Park" (Suburbia Park, 3377 California
Street) to the north side of Costa Mesa. He showed a
photo.graph of the park, and stated that it provides access to
a river trail to the beach. Mr. Graham suggested creating a
sign which states the name of the park and identifies the
trail. Mayor Buffa asked the Public Services Director to
investigate signage for the park.
Iowa Street Flooding Daniel Boren, 1626-A Iowa Street, Costa Mesa, President of
Problems Mesa Verde Villas Homeowners Association, presented
Council with a packet which illustrates that Iowa Street
requires an additional drainage outlet in order to control
severe flooding problems. The City Manager asked the Public
Services Director to investigate draining the water to the
County of Orange flood control channel, and acquiring the
necessary funding. Mr. Boren felt that the capacity of the
existing drainage system is adequate but that problems occur
because of the size of the orifice and the location.
Council Commen- Larry Weichman, 1175 Boise Way, Costa Mesa, representing
dation , Mesa North Community Association, commended Council and
staff for their support in the Mesa North area.
CONSENT The following item was removed from the Consent Calendar:
CALENDAR Item No. 4, Reading Folder, second item, Alcoholic Beverage
Licenses.
MOTION/Approved On motion by Council Member Erickson, seconded by Council
Except Item 4 Member Cowan, and carried 5-0, the remaining Consent
Calendar items were approved as recommended.
WRITTEN Resolution 98-14 was adopted: A RESOLUTION OF THE
COMMUNICATIONS CITY COUNCIL OF THE CITY OF COSTA MESA,
Adopted Resolution CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR
98-14, Records THE FIRE DEPARTMENT OF THE CITY OF COSTA MESA,
Destruction for Fire PURSUANT TO ORDINANCE NO. 75-60.
Adopted Resolution Resolution 98-15 was adopted: A RESOLUTION OF THE
98-15, Records CITY COUNCIL OF THE CITY OF COSTA MESA,
Destruction for CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR
Finance THE FINANCE DEPARTMENT OF THE CITY OF COSTA
MESA, PURSUANT TO ORDINANCE NO. 75-60.
Adopted Resolution, Resolution 98-16 was adopted: A RESOLUTION OF THE
98-16, Records CITY COUNCIL OF THE CITY OF COSTA MESA,
Destruction for CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR
Police THE POLICE DEPARTMENT OF THE CITY OF COSTA MESA,
PURSUANT TO ORDINANCE NO. 75-60.
READING FOLDER The following Reading Folder items were received and
processed:
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Claims Claims received by the Deputy City Clerk: Mende Blue;
Gunnel L. Cole; Amy Dearing; and Mercury Insurance.
WARRANTS The following warrants were approved: Warrant Resolution
Approved Warrants 1681, funding City operating expenses for $746,870.64;
1681 and 1682/ Warrant Resolution 1682, funding City operating expenses
Payroll 9804 for $525,005.35; and Payroll 9804 for $1,388,293.87.
REJECTED CLAIMS The following claims were rejected:
Balmudes Claim from Jesus Balmudes (alleged improper police
response to call).
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Delgadillo
Claim from Omar Delgadillo, a minor through his Guardian
ad Litem, Dalila De La Cerde (injured at College Park
School Playground).
Kanter
Claim from Joel Kanter (alleged false arrest by police).
Ousley
Claim from Beatrice Ousley (trip and fall injury).
Ryan
Claim from Michael Ryan (injured at Orange County
Fairgrounds).
ADMINISTRATIVE
Proposals received for Request for Proposal No. 1012,
ACTIONS/Awarded
Purchase of Mobile Command Post Vehicle, are on file in the
Purchase of Vehicle
City Clerk's office. The contract was awarded to Universal
to Universal
Specialty Vehicle, Inc., 1760 Chicago Avenue, Building K21,
Riverside, for $82,161.00.
AWarde:d Sidewalk
Bids received for Installation of Sidewalk and Bridges at
and Bridges at
Shiffer, TeWinkle; and Wilson Parks, are on file in the City
Shiffer, TeWinkle,
Clerk's office. The contract was awarded to B.I.K., Inc.,
and Wilson Parks to
doing business as: Civil Constructors, 9209 Lower Azusa
Civil Constructors
Road, Rosemead,', for $76,155.00.
Accepted Work by
Storm Drain Inlet 'Improvements at the Farm Site, located 360
Civil Constructors
feet south of Adams Avenue on the east side of Fairview
for Storm Drain Inlet
Road, Project No'. 97-18, were completed to the satisfaction
Improvements at the
of the Public Services Director on January 30, 1998, by
Farm Site, Project
B.I.K., Inc., doing business as Civil Constructors, 9209 Lower
No. 97-18
Azusa Road, Rosemead. 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.
Accepted Work by Harbor Boulevard, Widening from Dale Way to Date Place,
Sequel Contractors Project No. 96-09,. was completed to the satisfaction of the
for Harbor Boule- Public Services -Director on February 11, 1998, by Sequel
vard Widening, Proj- Contractors; Inc.', 12240 Woodruff Avenue, Downey. The
ect No. 96-09 work was accepted;. the Deputy City Clerk was authorized to
file a Notice of, Completion; authorization was given to
release' retention 1, 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.
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READING FOLDER Item No. 4 on the Consent Calendar was presented: Reading
Alcoholic Beverage Folder, second item, Alcoholic Beverage Control (ABC)
Licenses license requests:
Buck's Liquor, 1089 Baker Street, No. A, for a person-to-
person transfer of a Type 21 ABC license (off -sale
general).
Wahoo's Fish Taco, 3000 Bristol Street, for a change in
stock ownership for a Type 41 ABC license (on -sale beer
and wine for a bona fide eating place).
Doubletree Hotel, 3050 Bristol Street, for a person-to-
person transfer of an existing Type 47 ABC license (on -
sale general for a bona fide eating place).
Wahoo's Fish Taco, 1862 Placentia Avenue, for a person-
to-person transfer of a Type 41 ABC license (on -sale beer
and wine for a bona fide eating place).
Council Member Somers wished to alert the community that
the request for four additional ABC licenses within the City
had been received. She stated that since most areas in the
community are either at or above the acceptable number of
ABC licenses, Council review of the requests seems to be a
moot point. Council Member Somers has asked that this
subject be discussed at a future study session.
OLD BUSINESS The Deputy City Clerk presented from the meeting of
Dog Sitting/Walking February 17, 1998, second reading and adoption of
Services Use of Ordinance 98-6, concerning the use of dog exercise areas by
Dog Exercise Areas dog sitting/walking services.,
MOTION/Adopted On motion by Council Member Cowan, seconded by Mayor
Ordinance 98-6 Pro Tem Monahan, and carried 5-0, Ordinance 98-6, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING PARAGRAPH (6)
OF SUBSECTION (a) OF SECTION 12-20 AND ADDING
PARAGRAPH (10) TO SUBSECTION (c) OF SECTION 12-42
OF THE COSTA MESA MUNICIPAL CODE CONCERNING THE
USE OF DOG EXERCISE AREAS BY DOG SITTING/WALKING
SERVICES, was given second reading and adopted.
MOTION
On motion by Council Member Somers, seconded by Council
Received and
Member Erickson, and carried 5-0, the ABC license requests
Processed
were received and processed.
OLD BUSINESS
The Deputy City Clerk presented from the meeting of
Zoning Text
February 17, 1998, second reading and adoption of
Clarification
Ordinance 98-5, to clarify text regarding zoning.
MOTION/Adopted
On motion by Council Member Erickson, seconded by Council
Ordinance 98-5
Member Somers, and carried 5-0, Ordinance 98-5, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING TITLES 9 AND 13
OF THE COSTA MESA MUNICIPAL CODE MAKING MINOR
ADDITIONS AND REVISIONS TO CLARIFY TEXT REGARDING
ZONING, was given second reading and adopted.
OLD BUSINESS The Deputy City Clerk presented from the meeting of
Dog Sitting/Walking February 17, 1998, second reading and adoption of
Services Use of Ordinance 98-6, concerning the use of dog exercise areas by
Dog Exercise Areas dog sitting/walking services.,
MOTION/Adopted On motion by Council Member Cowan, seconded by Mayor
Ordinance 98-6 Pro Tem Monahan, and carried 5-0, Ordinance 98-6, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING PARAGRAPH (6)
OF SUBSECTION (a) OF SECTION 12-20 AND ADDING
PARAGRAPH (10) TO SUBSECTION (c) OF SECTION 12-42
OF THE COSTA MESA MUNICIPAL CODE CONCERNING THE
USE OF DOG EXERCISE AREAS BY DOG SITTING/WALKING
SERVICES, was given second reading and adopted.
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OLD BUSINESS The Deputy City' Clerk presented a request for extension of
Request to Extend Ordinance 98-4, an urgency ordinance regarding special land -
Urgency Ordinance use regulations;, licensing, and regulation of adult
98-4 entertainment businesses and repealing sections inconsistent
therewith. The City Attorney summarized Report No. 98-713
dated February 20, 1998.
MOTION On motion by Council Member Cowan, seconded by Council
Hearing Set for Member Somers, and carried 5-0, extension of Ordinance 98 -
March '16, 1998 4 was set for public hearing on March 16, 1998, at 6:30
p.m., in the Council Chambers of City Hall.
OLD BUSINESS The Deputy City Clerk presented from the special meeting of
Parks, Recreation February 9, 1998, an ordinance to establish an alternate
Facilities and member for the Parks, Recreation Facilities and Parkways
Parkways Com- Commission. A .communication was received from Mark
mission Alternate Harris, Chairman, of the Commission, stating that the
commissioners believe that an alternate commissioner would
not be necessary. The City Attorney reviewed Report No.
98-6 dated February 12, 1998.
Mayor Buffa addressed the inquiry from Mayor Pro Tem
Monahan regarding the necessity of an alternate member by
stating that the' Parks, Recreation Facilities and Parkways
Commission, unlike the Planning Commission, is not
regulated; the use of alternates is not without precedent; and
he supported appointing an alternate who will be available in
case there is a quorum problem.
MOTION On motion by Council Member Cowan, seconded by Council
Ordinance 98-7 Member Somers,; and carried 4-1, Mayor Pro Tem Monahan
Given First Reading voting no, Ordinance 98-7 was given first reading: AN
ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING SECTION 12-59 OF
TITLE 12 OF THE COSTA MESA MUNICIPAL CODE TO
ESTABLISH AN ALTERNATE MEMBER OF THE PARKS,
RECREATION FACILITIES AND PARKWAYS COMMISSION.
OLD BUSINESS The Deputy City Clerk presented an ordinance concerning the
Storage of Inopera- storage of inoperative vehicles on private property. The City
tive Vehicles on Attorney summarized Report No. 98-8 dated February 17,
Private Property 1998. In response to Council suggestions, he amended
ordinance Page 1.1 Section 1(4), as follows: "A vehicle stored
or parked on private property, either behind a fence or under
a commercially available car or boat cover in good repair
secured to the vehicle, in a lawful manner..."
MOTION On motion by Mayor Pro Tem Monahan, seconded by Council
Referred to Planning Member Somers, and carried 5-0, the ordinance, including the
Commission amended wording noted above, was referred to the Planning
Commission for review and recommendation.
OLD BUSINESS The Deputy City Clerk presented an ordinance to require
Written Examination applicants for massage practitioner's licenses to pass a
for Massage Practi- written examination administered by the Costa Mesa Police
tioners Department. The `Police Lieutenant reviewed the Agenda
Report dated February 18, 1998, and provided samples of the
test questions.
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Dr. Mike Hungerford, 2156 Newport Boulevard, Costa Mesa,
Vice President of the Orange County Unit, California Chapter,
American Massage Therapy, Association, and Chancellor of
the American Institute of Massage Therapy and Medical
College for Massage Therapy, provided papers from the
National Certification Board which summarizes their goals.
She addressed massage laws nationwide, and responded to
questions from Council
Kelley Gast, 666 Baker Street, No. 101, Costa Mesa, owner
of the Body Centre, noted problems with the national
examination. She agreed that credentials are necessary, and
offered her services free of charge to assist with this process.
MOTION On motion by Mayor Pro Tem Monahan, seconded by Council
Ordinance 98-8 Member Somers,.and carried 5-0, Ordinance 98-8 was given
Given First Reading first reading: AN*ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, ADDING
PARAGRAPH (4) TO SUBSECTION (C) OF SECTION 9-338 OF
THE COSTA MESA MUNICIPAL CODE TO REQUIRE
APPLICANTS FOR MASSAGE PRACTITIONER'S LICENSES TO
PASS A WRITTEN EXAMINATION ADMINISTERED BY THE
COSTA MESA POLICE DEPARTMENT,
Mayor Buffa asked that the material received from Dr.
Hungerford be reviewed prior to second reading of the
ordinance to determine if the fees will be comparable to those
in other states. Council Member Somers suggested that
information be obtained from states which have massage
laws in effect with the intent of presenting the information to
California state legislators. Council Member Erickson
proposed that prior to second reading, the ordinance be
amended to allow a legitimate masseuse who has passed the
test in another Orange County city to waive retaking it in
Costa Mesa.
NEW BUSINESS The Deputy City Clerk presented a request from Rite Aid,
ABC Request from 3029 Harbor Boulevard, for a premise -to -premise and person -
Rite Aid to -person transfer of a Type 21 ABC license (off -sale
general). The Deputy City Manager reviewed the Agenda
Report dated February 18, 1998, noting that the reporting
district will be overconcentrated with licenses if this request
is approved, and stated that the license is being transferred
from the City of Yorba Linda.
Council Member Somers stated that she would like to know
the number of liquor licenses allowed and those in existence
for the entire City prior to voting on this issue.
MOTION A motion was made by Mayor Pro Tem Monahan, seconded
Made Finding of by Council Member Erickson, and carried 4-1, Council
Public Convenience Member Somers voting no, to make a finding of public
convenience for the request from Rite Aid.
Council Member Erickson thought that the nature of the
business -could be cause for concern; however, Rite Aid is a
drug store where public convenience will be served. Council
Member Somers replied that Council must eventually decide
how many liquor stores and other places which sell liquor will
be allowed within the City.
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NEW BUSINESS The Deputy City Clerk presented a request from the Friends
Orange Coast River of Harbors, Beaches, and Parks for a $5,000.00 grant for
Park Grant development of the Orange Coast River Park concept. A
communication was received from Richard Mehren, 1824
Kinglet Court, Costa Mesa, Chairperson of the Fairview Park
Citizens Advisory Committee, recommending that Council
give strong consideration to participating in the park project.
The City Manager summarized the Agenda Report dated
February 26, 1998.
Bob Fisher, Executive Director of Friends of Harbor, Beaches
and Parks, 4 Park Newport, Newport Beach, used maps to
illustrate that th,e park concept will be composed of
properties owned' by several entities, and extends through
Costa Mesa, Huntington Beach, Newport Beach, and some
County unincorporated territory. He supported the
opportunity for the cities to work together, save taxpayers
monies, expand the recreational experience, and achieve
something grand. He indicated that a planning document will
be produced which details the project, and stated that they
anticipate applying 'for grant 'funds from the State of
California.
Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, applauded
the concept of keeping open space in place.
Robert Graham, 3,260 Dakota Avenue, Costa Mesa, felt that
this plan would ;enhance Costa Mesa's chance of being
recognized as a coastal community which would increase
property values.
Mayor Buffa recognized members of the Boy Scout Troop
who were in attendance.
MOTION/To A motion was made by Council Member Somers, seconded
Approve Budget by Mayor Buffal to prepare a budget adjustment for
Adjustment $5,000.00 for the meeting of March 16, 1998, for the
Orange Coast River Park concept.
AMENDED Council Member Cowan proposed an amendment to the
MOTION/Approved motion as follows: to, approve a contribution of $5,000.00 to
Contribution the Friends of Harbors, Beaches, and Parks, for preparation of
a plan for the Orange Coast River Park, and to process a
budget adjustment. The maker of the motion and the
seconder concurred, and the amended motion carried 5-0.
Council Member Erickson stated for the record that the
committee for this concept did not take a position on the 19th
Street bridge because they did not want to fractionalize the
three cities.
NEW BUSINESS The Deputy City Clerk presented City Attorney's Report No.
MediaOne Franchise 98-11 regarding the cable television franchise renewal with
Renewal Copley/Colony Cablevision of Costa Mesa, Inc., doing
business as MediaOne.
Craig Gunther, Law Offices of Burke, Williams & Sorensen,
LLP, 3200 Park' Center Drive, Suite 760, Costa Mesa,
representing the' City in the cable television franchise
renewal, reviewed their letter dated February 24, 1998.
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Dave Salcido,. 954 West 17th .Street, Costa Mesa, objected to
the double conduit used by MediaOne, and suggested that
the new contract contain ,language changing to a single
conduit.
Daniel Boren, 1626=A Iowa Street, Costa Mesa, complained
that when Copley. Colony Cablevision originally installed cable
into his condominium, they placed the cable on the outside
and it remains a public eyesore. He asked that the new
contract contain a restraint which would ensure that cable
wiring will. be installed :underground.
MOTION On motion by Council Member Cowan, seconded by Council
Authorized Letter Member Erickson, and carried 5-0, the City Manager was
to MediaOne authorized to submit a' letter to MediaOne.
COUNCIL Council Member Cowan reported that a request for funds had
COMMENTS been received from the Costa Mesa High School Grad Night
Request for Grad Program. She asked that by the meeting of April 6, 1998,
Night Assistance staff explore the possibility of providing assistance to the
three high schools in the area, whether by in-kind services,
fee waivers, or a monetary grant.
Commendation
ADJOURNMENT
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Council Member Erickson commended Acting Finance
Director Marc Davis for a job well done.
The Mayor declared meeting adjourned at 7:55 p.m.
ATTEST:
Mayor of the City o
l•
Deputy City erk of the City of Costa Mesa
Mesa
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