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HomeMy WebLinkAbout09/08/1998 - City Council�9 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 8, 1998 The City Council of the City of Costa Mesa, California, met in regular session September 8, 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 Chaplain Lloyd Sellers, Hoag Memorial Hospital Presbyterian. 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 Assistant to the City Manager Ann Shultz Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Somers, seconded by Mayor August 10 and Pro Tem Monahan, and carried 3-0, Council Members August 17, 1998 Erickson and Cowan abstaining, the minutes of the special joint meeting of August 10, 1998, were approved as distributed. On motion by Council Member Somers, seconded by Mayor Pro Tem Monahan, and carried 5-0, the minutes of the regular meeting of August 17, 1998, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded RESOLUTIONS by Council Member Cowan, and carried 5-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- Robert Graham, 3260 Dakota Avenue, Costa Mesa, CATIONS commented on his recent drive along Pacific Coast Highway West 191' Street through Huntington Beach. He emphasized the need for Extension access to this area via the extension . of West 19th Street, noting that this would also alleviate the economic stagnation on the west side. He asked to see the study on which the decision not to construct the bridge was based. Council Member Erickson explained to Mr. Graham that bringing traffic into an area does not necessarily improve the economic situation, and he did not believe that the west side would be enhanced by the addition of another through -street. M Police and Fire Jane Dick, 2507 Fordham Drive, Costa Mesa, reported on her Commendation recent automobile accident at the intersection of Del Mar Avenue and Newport Boulevard, commending the Police Department and Fire Department Paramedics for their actions at the scene. CONSENT The following items were removed from the Consent CALENDAR Calendar: Item No. 7, Budget Adjustment No. 99-09, for $30,000.00, to appropriate funds for the cost of selling City - owned surplus real property; and Item No. 8, Traffic Impact Fee Deferral Agreement with Arman Muratyan, for the proposed development at 242 Victoria Street. MOTION/Approved On motion by Council Member Erickson, seconded by Council Except Item No. Member Somers, and carried 5-0, the remaining Consent 7 and 8 Calendar items were approved as recommended. READING FOLDER Claims WARRANTS Approved Warrant 1707 Approved Warrant 1708/Payroll 817 Approved Warrant 1709 REJECTED CLAIM Scott The following Reading Folder items were received and processed: Claims received by the Deputy City Clerk: Bill and Elizabeth Dunn; and Irvine Medical Center. The following warrants were approved: Warrant Resolution 1707, funding City operating expenses for $1,369,973.24. Warrant Resolution 1708, funding City operating expenses for $563,031.50; and Payroll 817 for $1,470,579.39. Warrant Resolution 1709, funding City operating expenses for $1,571,063.86. The claim from Roger and Loretta Scott (vehicle damaged by pothole on Sunflower Avenue), was rejected. ADMINISTRATIVE A request was approved from United Way, 18012 Mitchell ACTIONS/Approved Avenue South, Irvine, to install 29 banners in the South United Way Banner Coast Plaza area from October 15 through November 18, Request 1,998; and 23 banners around Triangle Square from September 11 through October 23, 1998, to promote their annual campaign. Budget Adjustment Item No. 7 on the Consent Calendar was presented: Budget No. 99-09, Sale of Adjustment No. 99-09 for $30,000.00, to appropriate funds Surplus Property for survey, appraisal, legal descriptions, title reports, and escrow costs for the sale of City -owned surplus real property. MOTION/Approved A motion was made by Mayor Pro Tem Monahan, seconded Adjustment by Council Member Erickson, and carried 5-0, to approve the budget adjustment; and requesting the City Attorney to prepare a report in two weeks ,_regarding first time home buyer programs which address the possibility of giving preference to local residents who are willing to purchase, build a dwelling, and occupy it. 1 1 1 41 Agreement with Item 8 on the Consent Calendar was presented: Traffic Muratyan for Traffic Impact Fee Deferral Agreement with Arman Muratyan, 1995 Impact Fee Deferral, Harbor Boulevard, Costa Mesa, for the proposed development 242 Victoria Street at 242 Victoria Street, to allow payment of traffic impact fees in three -equal installments within one year of the issuance of the certificate of occupancy. Mayor Pro Tem Monahan noted that the Traffic Impact Fee Ad Hoc Committee will be making a recommendation at the Council meeting of September 21, 1998, for a small business exemption. He pointed out that the fee may be affected, and stated that the applicant is MOTION/Approved eligible to participate in the program. On motion by Mayor Agreement Pro Tem Monahan, seconded by Council Member Erickson, and carried 5-0, the agreement was approved, and the Public Services Director was authorized to sign on behalf of the City. PUBLIC HEARING The Deputy City Clerk announced the public hearing, Cable Television continued from the meeting of August 17, 1998, to identify Franchise Agree- future cable -related community needs and interests, and ment review of the cable operator's past performance under the cable television franchise agreement. The City Attorney stated for the record that a communication had been received by the City's special legal counsel William Rudell, Richards, Watson & Gershon, 38t`' -Floor, 333 South Hope Street, Los Angeles, from John Patrone, Corporate Counsel, MediaOne, 550 North Continental Boulevard, Suite 250, El Segundo. MOTION/Continued On motion by Council Member Cowan, seconded .by Council to September 21, Member Erickson, and carried 5-0, the public hearing was 1998 continued to the meeting of September 21, 1998. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Newport Boulevard place set for the public hearing to consider a resolution Specific Plan adopting landscape and sign guidelines for the Newport Guidelines Boulevard Specific Plan area, located on the east side of Newport Boulevard between 19th Street and Mesa Drive; and the Newport Boulevard Study Committee's recommendation regarding certain land uses in the specific plan area. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager summarized the Agenda Report dated August 21, 1998. Council Member Cowan felt that the proposed landscaping would not enhance the appearance of the boulevard, and asked when decisions regarding banners would be made. She suggested contacting an urban forester about planting trees other than those proposed. The Deputy City Manager thought that the consultant, who was not in attendance, could best answer questions on this matter. - Council Member Somers expressed disappointment with the recommen-dations, felt that the consultant should be present, and suggested a continuance. Mayor Pro Tem Monahan supported a continuance, and reported on the Newport Boulevard business owners' attitude regarding the formation of a business improvement district. Council Member Cowan believed that the business owners should assist the City in improving the specific plan area. 42 MOTION On motion by Council Member Somers, seconded by Council Continued to Member Cowan, and carried 5-0, this item was continued to October 5, 1998 the meeting of October 5, 1998. OLD BUSINESS The Deputy City Clerk presented from the meeting of August Building Division 5, 1998, a resolution adding new classifications to the salary Classifications administration plan for job classifications represented by the Costa Mesa City Employees Association, as recommended by the Zucker Systems organizational study of the Building Division. MOTION On motion by Council Member Cowan, seconded by Council Continued to Member Erickson, and carried 5-0, this item was continued October 5, 1998 to the meeting of October 5, 1998. OLD BUSINESS The Deputy City Clerk presented from the meeting of August Prohibition of 17, 1998, second reading and adoption of Ordinance 98-21, Horror Comic Books regarding the sale of horror comic books. MOTION/Adopted On motion by Council Member Somers, seconded by Council Ordinance 98-21 Member Erickson, and carried 5-0, Ordinance 98-21 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO REPEAL SECTION 11-10 OF CHAPTER 1 OF TITLE 11 OF THE COSTA MESA MUNICIPAL CODE PROHIBITING THE SALE OF HORROR COMIC BOOKS. OLD BUSINESS The Deputy City Clerk presented the fourth quarter review of Fourth Quarter 1997-98 Community Objectives. The City Manager declared Review of 1997-98 that more work was'required in quantifying and qualifying the Community Objec- responses on several of the objectives and requested a two- tives week continuance. MOTION/Continued On motion by Council Member Cowan, seconded by Council to September 21, Member Somers, and carried 5-0, this item was continued to 1998 the meeting of September 21, 1998. Council Member Somers stated that Item 98-A6 on Page 5 of the report had not been completed. The City Manager concurred and agreed to place it back on the reporting list. OLD BUSINESS The Deputy City Clerk presented a request from Council Self -Service Member Somers to reconsider the proposed ordinance Tobacco Products adding Section 11-17 to Chapter 1 of Title 11 of the Costa Mesa Municipal Code dealing with self-service tobacco products. Council Member Somers reported that the Camp Fire Boys and Girls are in the process of obtaining letters from community leaders and business owners. MOTION On motion by Council Member Somers, seconded by Council Continued to Member Cowan, and carried 5-0, this item was continued to October 5, 1998 the meeting of October 5, 1998. OLD BUSINESS The Deputy City Clerk presented a request for Council TeWinkle Park direction on the design of TeWinkle Park Softball Complex to Softball Complex accommodate the sale of alcoholic beverages, hosting regular Design weekend tournaments, and enlarging the fields. The Community Services Director reviewed the Agenda Report dated August 31, ;1998, reporting that responses to a survey of potential concessionaires indicate that food and alcohol are i essential for a profitable complex operation, 30 to 40 weekend tournaments are necessary, and the current field configuration is inadequate. - In regard to eliminating the sale of alcohol, Council Member Somers asked the Community -Services Director for a cost breakdown if the City were to subsidize the concessionaire in _ order to make the operation profitable. Discussion ensued regarding the field design as shown in the Conceptual Park Plan, Attachment C to the Agenda Report. Council Member Somers believed that a master plan is needed for the sports fields, and suggested that the cost of developing the plan be presented at the mid -year budget review. Roy Andreen, 2769 .Cibola Avenue, Costa Mesa, supported having two 300 -foot major softball fields at the southerly end, and moving' the fence back to ensure adequate parking near Arlington Drive. He thought that 275 feet would be appropriate for the northerly fields. He opposed staging tournaments that usually begin at approximately 9:00 a.m. and could continue as late as 10:00 p.m. He also expressed opposition to serving beer and wine. Jean Brown, 951 Presidio Drive, Costa Mesa, presented a petition with seven signatures from residents in the 900 block of Presidio Drive who are opposed to the sale of beer and wine at the sports fields, and requesting that amplified sound be banned. Jim Atkinson, 2871 Alanzo Lane, Costa Mesa, opposed the sale of alcoholic beverages due to the proximity of the complex to schools. Mayor Pro Tem Monahan commented that since the neighboring residents oppose the sale of alcohol, it should be prohibited. He supported extending the fields on the south side to 300 feet each in order to create a quality softball complex. He suggested consolidating softball into one area at Lions Park. MOTION/Denied A motion was made by Council Member Cowan, seconded by Alcohol Sale at Council Member Erickson, and carried 5-0, to deny the sale Softball Complex of alcoholic beverages at the TeWinkle Park softball complex. Motion to Develop A motion was made by Council Member Cowan, seconded by Four Softball Fields Mayor Pro Tem Monahan, to name TeWinkle Park as a softball complex, and develop four softball fields, two at 275 feet and two at 300 feet. SUBSTITUTE A substitute motion was made by Council Member Erickson, MOTION seconded by Mayor Buffa, and carried 3-2, Council Members Approved Fields Monahan and Cowan voting no, to approve one southerly softball field at 300 feet, retain the existing baseball field, and approve the two northerly softball fields at 275 feet. OLD BUSINESS The Deputy City Clerk presented a Right -of -Entry Agreement Agreement with with Habitat for Humanity of Orange County, Inc., 8361 Habitat for Human- Westminster Boulevard, Suite 210, Westminster, for 212 Del ity for 212 Del Mar Mar Avenue. The Public Services Director summarized the Agenda Report dated August 31, 1998. 43 44 Mark Korando, 582 Park Drive, Costa Mesa, stated that many volunteer hours will be required for the project, and stressed the necessity of finishing the preliminary work in order to complete the improvements by November 7, 1998. 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 sign on behalf of the City. NEW BUSINESS . The Deputy City Clerk presented a request from Newport - Request for Use of Mesa Christian Center for use of the City Hall and Police Parking Lot for Department parking lots for their annual Harvest Festival on Harvest Festival October 31, 1998, from 5:30 p.m. to 9:00 p.m. The Assistant to the City Manager reviewed the Agenda Report dated August 24, 1998. MOTION/Approved On motion by Mayor Pro Tem Monahan, seconded by Request Council Member Somers, and carried 5-0, the request was approved. NEW BUSINESS The Deputy City Clerk presented a request to designate a League of California voting delegate for the annual League of California Cities Cities Conference Conference to be held in Long Beach, October 2 through ,October 4, 1998. The Assistant to the City Manager ,summarized the Agenda Report dated August 17, 1998. MOTION/Appointed -A motion was made by Mayor Buffa, seconded by Mayor Pro Cowan Delegate; Tem Monahan, and carried 5-0, to appoint Council Member Somers Alternate Cowan as delegate and Council Member Somers as alternate delegate to the annual League Conference. NEW BUSINESS The Deputy City Clerk presented a resolution opposing Proposition 9, Proposition No. 9 (electric utilities) which is on the ballot for Electric Utilities the November 3, 1998, election. The Assistant to the City Manager reviewed the Agenda Report dated August 20, 1998. Motion to Adopt 'A motion was made by Mayor Pro Tem Monahan to adopt Resolution Opposing the resolution opposing Proposition No. 9. The motion died Proposition 9 Died for lack of a second. MOTION/No A motion was made by Council Member Erickson, seconded Position Taken by Council Member Somers, and carried 4-1, Mayor Pro Tem Monahan voting no, to take no position on this issue. Council Member 'Erickson explained that as an individual he would be opposing Proposition 9, but believed that local government should not make a recommendation. He supported making the City's position known through the League of California Cities. Mayor Buffa and Council Member Somers concurred. CITY ATTORNEY'S The City Attorney presented an ordinance amending Chapter REPORT X of Title 2 of the Costa Mesa Municipal Code pertaining to Conflict of Interest conflict of interest, and reviewed his Report No. 98-52 dated August 24, 1998. He noted for the record that the Community Services Department had been deleted from Appendix A but would be corrected by moving the following positions from the Legal Department: Maintenance 1 1 1 Supervisor, Parks; Parks 'Superintendent; and Recreation Superintendent. . . MOTION On motion by Council Member Somers, seconded by Council Ordinance 98-22 Member Erickson, and carried 5-0, Ordinance 98-22, AN Given. First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY 'OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER X OF TITLE 21 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO THE CONFLICT OF INTEREST CODE, was given first reading and passed to second reading. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code - Sections 54956.8 and 54956.9(a) to for Closed Session: discuss the following: Cable television franchise renewal MediaOne Negotia- negotiations with MediaOne; City of Costa Mesa v. Kathleen tions; City v. Connell, Orange .County Superior Court Case No. 78-01-84. Connell The Mayor announced that closed session would be held at the conclusion of regular business. COUNCIL Council Member Somers reported that the League of COMMENTS California Cities Economic Development Conference in Economic Develop- Monterey, August 27 and 28, 1998, was successful, and felt ment Conference that the City would benefit from the information provided. Council Member Cowan agreed with the results of the conference. ADJOURNMENT TO At 7:45 p.m., the Mayor adjourned the meeting to a closed CLOSED SESSION session in first floor Conference Room A to discuss the items previously announced. MEETING Mayor Buffa reconvened the meeting at 8:45 p.m., and the RECONVENED action taken during closed session was announced. MOTION/Gave By a vote of 5-0, Council gave directions to the City Directions for Attorney regarding cable television franchise renewal MediaOne negotiations with MediaOne. MOTION/Authorized By a vote of 5-0, Council authorized the City Attorney to Proceeding with proceed with an appeal in City of Costa Mesa v. Kathleen Appeal Connell, Orange County Superior Court Case No. 78-01-84. ADJOURNMENT The Mayor declared the meeting adjourned at 8:50 p.m. Mayor of the City of o a Mesa ATTEST: Deputy City Cler f the City of Costa Mesa 45