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HomeMy WebLinkAbout02/22/2000 - City Council1 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY 22, 2000 The City Council of the City of Costa Mesa, California, met in regular session February 22, 2000, 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 Pastor William Hemenway, Christ Lutheran Church. ROLL CALL Council Members Present: Council Members Absent: Officials Present: Mayor Gary Monahan Mayor Pro Tem Libby Cowan Council Member Joe Erickson Council Member Heather Somers Council Member Linda Dixon City Manager Allan Roeder City Attorney Jerry Scheer Development Services Director Donald Lamm Transportation Services Manager Peter Naghavi Finance Director Marc Puckett Operations Division Chief Ken Soltis Assistant to the City Manager Ann Schultz Management Analyst Carol Proctor Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council February 7, 2000 Member Somers, and carried 4-0, Council Member Dixon absent, the minutes of the regular meeting of February 7, 2000, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded by RESOLUTIONS Council Member Somers, and carried 4-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Monahan commended Becky Fisher -Cohen and Armando Employees of the Rutledge on being named Employees of the Month for February, Month 2000, in appreciation of their respective contributions to the Police Department and the Public Services Department. Ms. Cohen and Mr. Rutledge were commended for working together to assist a member of the community, and serving as a model of customer service. ORAL COMMUNI- Robert Hanley, 1601 Indus Street, Santa Ana Heights, invited CATIONS Council to a meeting with Santa Ana Heights residents on Newport Beach March 15, 2000, 6:30 p.m., at the Country Club Convalescent Annexation Hospital, 20362 Santa Ana .Avenue, to discuss the residents' petition for annexation to the City of Newport Beach. MediaOne Problems Gloria Franklin, 742 .Wingate Bay, Costa Mesa, addressed the customer service problems she encountered with MediaOne when she was without cable television for 72 hours. She detailed her attempts to restore service which she referred to as "harrowing", and summarized by stating that no one is responsive at MediaOne. Mayor Monahan replied that MediaOne had recently given a presentation to Council, promising that these problems would be resolved. Ms. Franklin suggested that the MediaOne franchise be placed on hold, or their franchise be sold to another service company. Costa Mesa Little Pat McGuire, 2356 North Rutgers Drive, Costa Mesa, League Opening representing Costa Mesa Little League, thanked Council for their Day Ceremonies decision at the meeting of February 7, 2000, regarding the TeWinkle Park Athletic Complex. He asked about Council attendance at Little League opening day ceremonies. Mayor Pro Tem Cowan replied that the schedule was being discussed, and a response would be forthcoming by the next day. Mr. McGuire asked about the restroom facilities at the new soccer complex. Mayor Monahan stated that the soccer fields are not open at this time, and they may not open this season. He indicated that supervision will be necessary to preserve the new grass at the complex. West Side Specific Robert Graham, 3260 Dakota Avenue, Costa Mesa, was Plan informed by the Development Services Director that the West Side Specific Plan will be available in the Planning Division late Friday, February 25, 2000, or early Monday, February 28, 2000. Mr. Graham addressed Council's apparent lack of interest in extension of 19th Street to Huntington Beach. Mayor Pro Tem Cowan advised Mr. Graham that the 19th Street bridge is being considered .in the Santa Ana River Crossing (SARX) Study. CONSENT On motion by Council Member Erickson, seconded by Mayor CALENDAR Pro Tem Cowan, and carried 4-0, all Consent Calendar items MOTION/Approved were approved as recommended. WRITTEN Resolution 00-8 was adopted: A RESOLUTION OF THE CITY COMMUNICATIONS COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted Resolution AUTHORIZING RECORDS DESTRUCTION FOR THE FIRE 00-8, Fire Records DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO Destruction ORDINANCE NO. 75-60.. READING FOLDER The following Reading Folder items were received and processed: Claims Claim received by the Deputy City Clerk from Angela Smith. ABC Licenses Alcoholic Beverage Control (ABC Licenses): Request from. EI Metate Market (formerly Bargain Food Basket), 81.7 West 19th Street, for a person-to-person transfer of a Type 21 ABC license (off -sale general). Request from AM PM Mini Market, 300 Bristol Street, for a person-to-person transfer of a Type 20 ABC license (off -sale beer and wine). 1 1 1 1 BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose Approved Permit for was received from Teen Challenge of Southern California, 5445 Teen Challenge Chicago Avenue, Riverside, by soliciting funds door-to-door and from store fronts from January 1 to December 31, 2000, for an "All You Can Eat" pancake breakfast.. The permit was approved pursuant to Municipal Code Section 9-127(d), subject to conditions. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1784, funding Payroll 003 for 1784/Payroll 003 $1,543,900.02, and City operating expenses for $513,897.00, including payroll deductions. Approved Warrant Warrant Resolution 1785, funding City operating expenses 1785 for $943,737.8,8. REJECTED CLAIMS The following claims were rejected: Christensen Claim from Sally Christensen (alleged insufficient traffic control contributed to collision). Ghazarian Claim from Jasmine Ghazarian (alleged false arrest by Costa Mesa Police Department). Grover Claim from Jeff Grover (alleged false arrest and- excessive use of force by Costa Mesa Police Department). Mata, et al. An Application for Leave to Present a Late Claim from Doreen Mata, et al. (alleged violation of civil rights by Costa Mesa Police Department) was accepted, and the claim was rejected. ADMINISTRATIVE Reliance Insurance Company Bond 82878883 for $1,000.00 ACTIONS/Accepted was accepted as the franchise bond for Southern California Gas Reliance Insurance Company, replacing Safeco Insurance Company of America Bond Bond No. 5590847; and Safeco .:was released from any future liability. Rehabilitation of The following action was taken in connection with City Hall Equipment, Rehabilitation of the Main Electrical Switchboard and Associated Project No. 99-18 Power Distribution Equipment and Installation of an Emergency Generator System for City Hall, Project No. 99-18: Rejected Noor The bid from Noor Electrical, 1618 Ohms Way, Costa Mesa, Electrical Bid was rejected as being non-responsive. Awarded Contract The contract was awarded to Neubauer Electric, Inc., 2750 to Neubauer East Spring Street, Long Beach, for $289,900.00. Approved Adjust- Budget -Adjustment No. 00-61:<vcas approved for $24,000.00, to ment No. 00-61 replace City Vehicle No. 300-C. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Planning Application place set for the public hearing to consider Planning Application PA -00-02, Sakioka/ PA -00-02 for Sakioka Farms/BRE South Coast/Experian BRE/Experian Information Solutions, for a master plan amendment to replace four office buildings originally approved under. PA -98-77 with three office buildings, totaling approximately 350,000 square feet; and a conditional use permit to deviate/modify the minor conditional use permit for shared parking, located at 443 Al through 595 Anton Boulevard in a PDC zone. Environmental Determination: Negative Declaration. No communications were received. The Development Services Director summarized the Agenda Report dated February 8, 2000, using an overhead projection to illustrate the project. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Resolution 00-9 Member Somers, and carried 4-0, Resolution 00-9 was adopted: Approving PA -00- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 02 COSTA MESA, CALIFORNIA, •APPROVING PLANNING APPLICATION PA -00-02, subject to conditions, and adopting the Negative Declaration. PUBLIC HEARING The Deputy City Clerk announced that this was the time and GPA -99-08, City of place set for the public hearing to consider General Plan Costa Mesa Amendment GP -99-08, City of Costa Mesa, amending Policy 255 of the 1990 General Plan to allow limited deviations from certain floor area ratio standards. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Development Services Director summarized the Agenda Report dated February 14, 2000, reporting that the Holiday Inn on Bristol Street would like to remodel their building and enclose the outdoor balconies. Peter Trapolino, Vice President, Hanford Hotels, Inc., 4 Corporate Plaza, Suite 102, Irvine,' announced that renovations on the Holiday Inn were expected to be complete by the end of this summer. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Mayor Pro Tem Cowan, seconded by Council Resolution 00-10 Member Erickson, and carried 4-0, Resolution 00-10 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -99-08 AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, and adopting the Negative Declaration. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Non -Resident Para- place set for the public hearing to consider a resolution medic Services establishing and adopting schedules of rates, fees, and charges, for Fiscal Year 1999-2000 for non-resident paramedic services provided by the City of Costa Mesa. The Affidavit of Publication is one file in the City Clerk's office. No communications were received. The Finance Director summarized the Agenda Report dated. February 10, 2000. Council Member Somers stated that she had requested a response from the Fire Department because her understanding was that only 25 percent of the fees billed are collected, and the City is subsidizing anyone who is injured or ill. The Finance Director responded that the collection fee for the last fiscal year was 25 percent as a result of receivables not being transferred to the collection agency. However, he stated that this has now been rectified, and the average collection ratio is 60 percent, as it was prior to the last fiscal year. He added that the City cannot collect the additional portion for Medicare and Medical covered individual's, and these are the largest number of the 43 non -collectible 40 percent. The Operations Division Chief reported that the materials portion of the operation is calculated as part of the fee, and the original• intent of the fee was to repay the General Fund for supplies used on all paramedic incidents. Mayor Pro Tem Cowan asked what portion of the proposed fee was labor cost. The Finance Director replied that the majority of the fee was for labor. MOTION/Adopted A motion was made by Mayor Pro Tem Cowan, seconded by Resolution 00-11, Council Member Somers, and carried 4-0, to adopt Resolution Gave Directions to 00-11, A RESOLUTION OF THE CITY COUNCIL OF THE CITY Staff OF COSTA MESA, CALIFORNIA, ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES, AND CHARGES, FOR FISCAL YEAR 1999-2000 FOR SERVICES PROVIDED BY THE CITY OF COSTA MESA, directing staff to investigate the rates and fees for non-resident paramedic services, round out the fee to the nearest whole dollar that is no higher than the identified cost recovery, and to provide .supplies recovery in the upper quartile of the range identified from last year's services. Mayor Monahan asked the City Attorney to investigate the legality of charging the upper quartile. of the range identified. The City Manager clarified that the intent of the motion is to round to the dollar, and to use the fourth quartile cost data which will be incorporated into the approved fee. OLD BUSINESS The Deputy City Clerk presented from the meeting of February Food and Beverage 7, 2000, second reading and adoption of Ordinance 00-4, to Standards correct an omission in the development standards for establishments where food and beverages are served. MOTION/Adopted On motion by Council Member Erickson, seconded by Mayor Ordinance 00-4 Pro Tem Cowan, and carried 4-0, Ordinance 00-4 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER V, ARTICLE 4, OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE TO CORRECT AN OMISSION IN THE DEVELOPMENT STANDARDS FOR ESTABLISHMENTS WHERE FOOD AND BEVERAGES ARE SERVED. NEW BUSINESS The Deputy City Clerk presented a request from Mayor Measure F, Safe Monahan and the Orange County Regional Airport Authority And Healthy (OCRAA) for adoption of a resolution opposing Measure F, the Communities Safe and Healthy Communities Initiative, on the ballot for the Initiative statewide election on March 7, 2000. The Assistant to the City Manager summarized the Agenda Report dated February 11., 2000. Mayor Monahan stated that, in his opinion, Measure F is not good for the City of Costa Mesa, noting that South County has placed the measure on the ballot to stop an airport at EI Toro Marine Air Corp Station -without examining the long-term ramifications. MOTION/Adopted On motion by Mayor Monahan, seconded by Council Member Resolution 00-12 Somers, and carried 4-0, Resolution 00-12 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OPPOSING MEASURE F ON THE BALLOT FOR THE STATEWIDE ELECTION ON MARCH 7, 2000, specifying that the resolution be distributed to OCRAA, to the County of Orange, to neighboring cities, and to the three local newspapers. Council Member Erickson supported the resolution, commenting that as a rule he opposed bringing items to Council that were community -wide votes unless they have a specific impact upon our City. He emphasized that if Measure F passes, it does not necessarily follow that John Wayne Airport will be expanded. Mayor Pro. Tem Cowan opposed Measure F but noted that the protections within the measure would address expansion at John Wayne Airport. She supported the resolution because she felt that certain portions of Measure F are not well written, the measure continues the ballot box planning that hijacked the airport issue in the first place, and the measure requires a super majority. Council Member Somers observed that the protections outlined in Measure F are not necessarily protections that may be maintained. She felt that it is imperative that the City make a statement in strong opposition to Measure F. NEW BUSINESS The Deputy City Clerk presented a request for appointments to Committee'Appoint-. the Cultural Arts and Historical Resources Committee. The ments Management Analyst reviewed the Agenda Report dated February 9, 2000. MOTION/Appointed A motion was made by Council Member Somers, seconded by 15 Members Mayor Pro Tem Cowan, and carried 4-0, to appoint the following as members of the committee for two-year terms expiring February 18, 2002: Caleb Siemon, David Gardner, Constance Dyer, Jerome Muller, Liz Goldner, Joan Weeks, John Anderson, Margaret Johnston, Patti Bass, Kristen Petros, Luz Morales, Cindy Knoernschild, Lynn Lonzo, Teresa Bischak, and Patty Breland. NEW BUSINESS The Deputy City Clerk presented a request from Mayor Balearic School Site Monahan for a City Council direction regarding the possible sale of the Balearic School site by the Newport -Mesa Unified School District. Council Member Erickson reported that he, Council Member Dixon, and the City Manager, met with the City Council/Newport-Mesa Unified School District Liaison Com- mittee, and commented that the open space at the Balearic School site is an asset to the community. He stated that if and when the property is sold, the City would expect to work in good faith with the School District under the provisions of the Naylor Act which requires that the property be offered to public agencies prior to being offered to private developers. He felt that the School Board would also like to retain the open space; however, they are looking for increased revenue from that facility on an annual basis. Mayor Pro Tem Cowan felt that discussing negotiations at this point was premature. Council Member Somers concurred, and asked that the conversation be tabled. John Hill, 2861 Chios Road, Costa Mesa, and Wendall Johnston, 1980 Kornat Drive, Costa Mesa, supported purchase of the property by the City. MOTION/Tabled On motion by Council Member Somers, seconded by Mayor Pro Tem Cowan, and carried 4-0, this item was tabled. 1 1 ER NEW BUSINESS The Deputy City Clerk presented a status update on Community EI Toro Reuse/John Objective No. 01-136 regarding EI Toro Reuse and John Wayne Wayne Expansion Airport expansion. The City Manager summarized the Agenda Report dated February 17, 2000. Council Member Somers reported on the meeting with representatives of the City of Newport Beach and the Executive Director of OCRAA. Mayor Monahan added that it was to the City's benefit to utilize information from these two organizations.. He announced the following community meetings to be held by the Airport Working Group: Ensign Intermediate School, 2000 Cliff Drive, Newport Beach, on Wednesday, February 23, 2000; TeWinkle Intermediate School, 3224 North California Street, Costa Mesa, on Thursday, February 24, 2000, and Davis Elementary School, 1050 Arlington Drive, Costa Mesa, on Monday, February 28, 2000. The City Manager indicated that there is a legal opinion on behalf of the City of Newport Beach that the expansion of John Wayne Airport as it relates to the 1990 Federal change in law for airport facilities is that the authority for the extension of the current limitations rests with the Orange County Board of Supervisors, not with the Federal Aviation Administration. Council Member Erickson asked Council Member Somers to discuss this situation during her upcoming visit to Washington, D.C., specifically where the City of Costa Mesa should direct its efforts. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORTS/Request Government Code Section 54956.9(a) and 54956.9(b)(1) to for Closed Session: discuss the following: Stevenson v. City of Costa Mesa, Stevenson v. City; Orange County Superior Court Case No. 0.00001159; and claim Ingram Claim from Andre and Yolanda Ingram. The Mayor announced that Stevenson V. City would be considered after the close of regular business. MOTION/Approved Regarding the claim of Andre and .Yolanda. Ingr3rx:, a motion Settlement was made by Council Member Erickson, secortded--by Mayor Pro Tem Cowan, and carried 5-0, to grant authority to spend monies from the Willdan Settlement funds and additional funds, including temporary relocation expenses, in order to correct repairs to the Ingram residence, 2289 Republic, Avenue, Costa Mesa, in accordance with the Deputy City Attorney's confidential memorandum dated February 14, 2000. COUNCIL Council Member Erickson referred to a meeting with Experian COMMENTS Information Solutions representatives, wherein they expressed Experian Compli- their appreciation for the efforts of the Development Services ments Director and his staff to expedite the processing of their project. Meeting Announce- On behalf of Council Member Dixon, Mayor Pro Tem Cowan ments announced that a Fair Board meeting will be held February 24, 2000, at 10:00 a.m., in the Memorial Gardens Building; and a Releaf Costa Mesa planting will occur at Costa Mesa High School on Saturday, February 26, 2000, at 9:00 a.m. Mayor. Pro Tem Cowan announced, on her own behalf, that a planting at Fairview Park will take place on March 4, 2000. ADJOURNMENT TO The .Mayor adjourned the .meeting at 8:10 p. -m. to a closed CLOSED SESSION session in first floor Conference Room A to discuss the item previously announced by the City Attorney. MEETING At 9:00 p.m., the Mayor reconvened the meeting, and the RECONVENED action taken during closed session was announced. MOTION/Gave Regarding Stevenson v. City of Costa Mesa, Orange County Directions to Superior Court Case No. 00CC01159, by a vote of 3-1, Council .City Attorney Member Somers voting no, Council gave directions to the City Attorney. ADJOURNMENT The Mayor declared the meeting adjourned at 9:05 p.m. Ma of t e City of Costa Mesa ATTEST: Deputy Cit lerk of the City of Costa Mesa 1 F�