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HomeMy WebLinkAbout09/03/2002 - City CouncilREGULAR MEETING OF.THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 3, 2002 The City Council of the City of Costa Mesa, California, met in regular session September 3, 2002, 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 Cowan, and invocation by Chaplain Lloyd Sellers, Hoag Memorial Hospital Presbyterian. ROLL CALL Council Members Present: Mayor Linda Dixon Mayor Pro Tem Gary Monahan Council Member Libby Cowan Council Member Karen Robinson Council Member Chris Steel Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Jerry Scheer Development Services Director Donald Lamm Public Services Director William Morris Associate Planner Claire Flynn Deputy City Clerk Julie Folcik MINUTES On motion by Council Member Cowan, seconded by Council August 19, 2002 Member Robinson, and carried 4-0, Mayor Pro Tem Monahan abstaining, the minutes of the regular meeting of August 19, 2002, were approved as distributed. ORDINANCES AND A motion was made by Council Member Cowan, seconded by RESOLUTIONS Mayor Dixon, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Dixon congratulated Megan Devey and Michael Carrizo, Employees of the Lifeguards in the Recreation Division, on being named Employees Month of the Month for September, 2002, in recognition of their quick actions that helped to avert a possible crime and took a sexual predator off the streets of the City. Police Chief Dave Snowden commended Megan and Michael for an exemplary job well done. PUBLIC COMMENTS Janice Davidson, 1982 Arnold Avenue, Costa Mesa, asked Mayor Davidson Comments Pro Tem Monahan if he would be receiving a retirement pension with his third term as a City Council member. The Mayor Pro Tem replied that he was unaware of such a benefit. Mrs. Davidson asked what the City had planned for the property at Charle and Hamilton Streets, and Mayor Dixon responded that a community garden has been approved for that location. Mrs. Davidson complained about Council's lack of action concerning west side Costa Mesa. Sterling Avenue JoAnn Reinhold, 1823 Tanager Drive, Costa Mesa, thanked the Cleanup City Manager for his assistance in addressing the conditions on Sterling Avenue. She showed photographs of properties on the west side which illustrate that Costa Mesa is a "dumping ground", and asked why residents of the area were forced to endure the "oppression". She suggested that Council take action by enforcing regulations for 'dumpsters, and proposed the installation of speed humps on Sterling Avenue. The City Manager detailed the City's efforts to monitor the situation. Mayor Dixon suggested preparing a list of property owners who have numerous code violations. Council Member Cowan reported that she has requested the City Manager to arrange a meeting with west side property owners to discuss issues and possible resolutions, and asked that Ms. Reinhold be invited to attend. Millard Comments Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, reported that there is graffiti on the 7 -Eleven Store on Grace Lane, and commented that he did not report the offense because the Police Department does not respond to his calls. He related an incident where he had reported a produce truck in his neighborhood, and another case involving trash scavengers. Mr. Millard read a portion. of an article which appeared in the August 21, 2002, Daily Pilot concerning a Corona del Mar missionary couple who discussed the blighted areas in Costa Mesa. He challenged Council to address the City's problems. Refakes Comments Beth Refakes, 320 Magnolia Street, Costa Mesa, commented that the increased number of flights and revised flight patterns from John Wayne Airport (JWA), directly affects the east side of Costa Mesa. She reiterated her complaint about the broken curb at Newport Boulevard and Broadway, suggesting that it be marked until it is repaired. She spoke about Condition of Approval No. 11 for the Lighthouse Coastal Community Church/Kline School (PA - 00 -56), 300 Magnolia Street, which requires the dumpster to be enclosed, observing that this has not been accomplished to date. She commented that the approval was granted over a year ago, and felt that it should be addressed by this time. The City Manager offered to share with Ms. Refakes a copy of the material recently distributed to Council which includes flight graphs for JWA. The Public Services Director addressed the broken curb at Newport Boulevard, and Broadway which he reported is under the jurisdiction, ownership, and maintenance of the California Department of Transportation (CALTRANS) who have been notified of the condition. Mayor Dixon asked that if the curb cannot immediately be repaired, that it be visibly marked. The Development Services Director explained that to enclose the dumpster at the Kline School will eliminate a parking space, and the school plans to completely remove the dumpster from the premises. Ordinance 02-15, Todd Sveslosky, 1743 New Hampshire Drive, Costa Mesa, Parking Restrictions addressed the recently adopted Ordinance 02-15, parking restrictions for commercial, oversize, and non -motorized vehicles, commenting that he has a company truck and the ordinance creates a hardship. He asked that Council consider a compromise in the regulations for his circumstances. The City Manager suggested that Mr. Sveslosky discuss his situation with Police Lieutenant Karl Schuler. West Side Trash Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, showed photographs of litter on the west side, and commented that those who litter are not area residents. He felt that Council shows a lack of leadership on these issues. Costa Mesa Potential Robert Graham, 3260 Dakota Avenue, Costa Mesa, observed that a consensus of the residents is a prerequisite to action being taken by Council, and therefore nothing is being accomplished. He 1 1 L7 1 1 proposed beautifying the City by adding trees to Fairview Park and painting City Hall, commenting that Costa Mesa has potential. Adult Soccer Fields Jose Pacheco, 988 EI Camino Drive, No. 2, Costa Mesa, supported the creation of soccer fields for adults, asking if there are any locations available in the City. Raul Hernandez, 1761 Pomona Avenue, No. A, Costa Mesa, also endorsed new soccer fields for adults. Mayor Dixon asked that the City Manager arrange for Recreation Manager Stacia Mancini to contact Mr. Pacheco and Mr. Hernandez. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 7, Agreement with KFM Engineering for 19th Street and Placentia Avenue design services; Item No. 8, Amendment No. 5 to Master Funding Agreement No. C-95-968 with Orange County Transportation Authority; and Item No. 9, Budget Adjustment No. 03-018, for $50,000.00, to fund the increased cost of janitorial services. MOTION/Approved On motion by Mayor Pro Tem Monahan, seconded by Council Except Item Nos. 7, Member Cowan, and carried 5-0, the remaining Consent Calendar 8, and 9 items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Saeid Asgari; and Stephanie Collins. Alcoholic Beverage Alcoholic Beverage Control (ABC) License request from the License Orange County Marketplace, 88 Fair Drive (Orange County Fairgrounds), for a stock transfer for an existing Type 41 ABC License (on -sale beer and wine for a bona fide eating place). WARRANTS The following warrants were approved: Approved Warrant. Warrant Resolution 1915, funding Payroll 217 for 1915/Payroll 217 $1,957,718.43, and City operating expenses for $2,388,442.18. Approved Warrant Warrant Resolution 1916, funding City operating expenses for 1916 $225,715.46. ADMINISTRATIVE An agreement was approved with Hazelrigg Risk Management ACTIONS/Approved Services, Inc., 14275 Pipeline Avenue, Chino, for third party Agreement with administration claims' services for self-insured worker's Hazelrigg Risk compensation programs for the cities of Costa Mesa and Newport Management for Beach, from September 1, 2002, through August 31, 2005, for Claims Services $310,000.00 flat annual fee for year one ($155,000.00 per city), $319,300.00 flat annual fee for year two ($159,650.00 per city), and year three to be negotiated in 2004, with a 3% cap; and the Mayor and .Deputy City Clerk were authorized to sign on behalf of the city. Approved Agreement An amendment was approved to the agreement with All City with All City Manage- Management Services, 1749 La Cienega Boulevard, Los Angeles, ment for Crossing for school crossing guard services for 18 locations throughout the Guard Services City, to implement a 6% cost increase (from $11.79 to $12.49 per hour) for the 2002-2003 school year; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. r a� Authorized Payment Regarding the emergency replacement of the Costa Mesa Senior to Mike Kilbride for Center sewer lateral by Mike Kilbride, Ltd., Post Office Box 3341, Replacement of Costa Newport Beach, in, an amount not to exceed $13,700.00 (work Mesa Senior Center completed on August 23, 2002), the letter of agreement and scope Sewer Lateral of work were confirmed, and payment was authorized. Adopted Resolution Resolution 02-63 was adopted: A RESOLUTION OF THE CITY 02-63, Sales and Use COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Tax Records AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS, by designated officers or employees pursuant to Revenue and Taxation. Code Section 7056. Adopted Resolution Resolution 02-64 was adopted: A RESOLUTION OF THE CITY 02-64, Revising Pay COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ranges for City REVISING THE PAY RANGES FOR JOB CLASSIFICATIONS Employees; Approved REPRESENTED BY THE COSTA MESA CITY EMPLOYEES Budget Adjustment ASSOCIATION PURSUANT TO THE 2001-2003 MEMORANDUM No. 03-015 OF UNDERSTANDING (MOU); and Budget Adjustment 03-015 was approved for $851,891.00. Adopted Resolution Resolution 02-65 was adopted: A RESOLUTION OF THE CITY 02-65, Revising Pay COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ranges for Police; REVISING THE PAY RANGES FOR JOB CLASSIFICATIONS Approved Budget REPRESENTED BY THE COSTA MESA POLICE ASSOCIATION Adjustment No. 03- TO REFLECT THE ESTABLISHED LABOR MARKETPLACE 016 PURSUANT TO THE 2001-2004 MEMORANDUM OF UNDERSTANDING (MOU); and Budget Adjustment No. 03-016 was approved for $662,235.00. Adopted Resolution Resolution 02-66 was adopted: A RESOLUTION OF THE CITY 02-66, Revising Pay COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ranges for Police ESTABLISHING THE SALARY RANGE FOR THE JOB Management; CLASSIFICATION REPRESENTED BY THE COSTA MESA Approved Budget POLICE MANAGEMENT ASSOCIATION TO REFLECT THE Adjustment No. 03- ESTABLISHED LABOR MARKETPLACE PURSUANT TO THE 017 2001-2004 MEMORANDUM OF UNDERSTANDING (MOU); and Budget Adjustment No. 03-017 was approved for $54,586.00. Agreement with KFM Item No 7 on the Consent Calendar was presented: Agreement Engineering for 19th with KFM Engineering, 26672 Towne Center Drive, Suite 300, and Placentia Design Foothill Ranch, in an amount not to exceed $246,065.00, for 19th Services Street and Placentia Avenue design services. The Public Services Director asked that this item be continued pending written MOTION/Continued confirmation from the California Department of Transportation to September 16, approving award of ;the design. A motion was made by Mayor Pro 2002 Tem Monahan, seconded by Council Member Cowan, to continue the agreement to the meeting of September 16, 2002. Council Member Cowan suggested that the motion include the wording regarding the. continuance, `or at such time that we get CALTRANS signature" .so that Mr. Morris may bring it back to Council at that time. The motion carried 5-0. Amendment No. 5 to Item No. 8 on the Consent Calendar was presented: Amendment Agreement No. C-95- No. 5 to Master Funding Agreement No. C-95-968 with Orange 968 with OCTA County Transportation Authority (OCTA), to update Exhibit A, Combined Transportation Funding Programs (CTFP) Allocations - Open Projects. The Public Services Director asked that the following projects be deleted from Exhibit A: Fairview Road/Adams Avenue Improvement Project (handwritten Page 5); and the right- of-way phase and the construction phase for Newport Boulevard (SR -55 to 17th Street)(handwritten Page 6). On motion by Council F-� 1 R4� MOTION/Approved Member Robinson, seconded by Council Member Cowan, and Amendment No. 5 carried 5-0, Amendment No. 5, including the corrected Exhibit A, was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the -City. Budget Adjustment Item 9 on the Consent Calendar was presented: Budget No. 03-018, Janitorial Adjustment No. 03-018, for $50,000.00, to fund the increased cost .Services of janitorial services per the contract award to Janico Building Maintenance on August 5, 2002. Council Member Steel objected to the additional cost of the Janico contract and the "living wage" concept, observing that the City will spend up to $360,000.00 extra over the low bid received. He proposed reconsidering the previous decision and awarding a contract that is within the adopted budget. Motion to Rescind A motion was made by Council Member Steel to rescind the Janico Contract Died contract award to Janico, and award the contract to another company. The motion died for lack of a second. Mayor Pro Tem Monahan reiterated his support of Janico, stating that their technical scores were higher than those of the company recommended by staff; the City has a history with Janico and they have done excellent work for the City; and Janico is a local, Costa Mesa company. MOTION/Approved A motion was made by Mayor Pro Tem Monahan, seconded by Budget Adjustment Council Member Cowan, and carried 4-1, Council Member Steel No. 03-018 voting no, to approve Budget Adjustment No. 03-018 for $50,000.00. Council Member Cowan noted her appreciation for staff's work on this contract, as well as the support of the other Council Members in this effort. OLD BUSINESS The Deputy City Clerk presented from the meeting of August 5, Resolution 02-56 2002, findings in connection with Resolution 02-56, A Findings, ZA-01-63 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DENYING MINOR DESIGN REVIEW ZA- 01-63. The Development Services Director reviewed the Agenda Report dated September 3, 2002. MOTION/Approved A motion was made by Council Member Cowan, seconded by ZA-01-63 Findings Mayor Dixon, and carried 5-0, to approve the findings in connection with Resolution 02-56, denying minor design review ZA-01-63. OLD BUSINESS The Deputy City Clerk presented a request from John and Debbie Request for Rehearing Clark for a rehearing of Planning Application ZA-01-63 for a for ZA-01-63, Clark second story addition to an existing single-family house, in conjunction with an expansion and remodel of the first floor, located at 1167 Aviemore Terrace. The Development Services Director summarized the Agenda Report dated August 28, 2002. MOTION/Continued On motion by Mayor Pro Tem Monahan, seconded by Council to September 16, Member Steel, and carried 5-0, the request for rehearing was 2002 continued to the meeting September 16, 2002. NEW BUSINESS The Deputy City Clerk presented a resolution approving Council Council Policy 500- Policy No. 500-14 that encourages involvement in an energy 14, Energy Conserva- conservation program to reduce energy consumption, to fulfill tion Program General Plan Objective CON -1C.3 and Planning Commission Objective PC -01-A. The Associate Planner reviewed the Agenda Report dated August 26, 2002, and responded to questions from Council. Council Member Robinson expressed concern regarding expedited plan checks, and asked if all the ramifications had been 443 investigated. The Development Services Director replied that separate aspects of the program have yet to be researched. Council Member Cowan felt that the City of Costa Mesa has a good reputation within the development community regarding costs and fees which are ,not "negotiated behind the scene", and wished to continue this tradition. Robert Graham, 3260 Dakota Avenue, Costa Mesa, asked how difficult it would be to remove trash from City streets. Mayor Dixon replied that the City responds to calls for trash pickup but thought that citizens were tired of reporting the incidents. She felt that property owners and absentee landlords need to be educated regarding their responsibility. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 02-67 Council Member Steel, to adopt Resolution 02-67: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING COUNCIL POLICY NO. 500- 14, ENCOURAGING INVOLVEMENT IN AN ENERGY CONSERVATION PROGRAM TO REDUCE ENERGY CONSUMPTION, approving Alternative No. 1, "Participation in the EPA Energy Star Program would be a mandatory requirement for new City -owned buildings. The City would encourage voluntary participation in the EPA Energy Star Program by the local businesses." Council Member Robinson asked the maker of the motion to add to the motion "approval of everything", directing staff to provide further information regarding the impact of expedited plan checks. Council Member Cowan wished to retain Alternative No. 1 as written, and within the scope of private sector incentives (No. 2) direct staff to utilize that opportunity to evaluate Incentive No. 1; stipulating that should additional changes or issues arise overtime, staff will provide information to Council for consideration. She added to the motion, per a request from Council Member Robinson, that within 60 days, the City Attorney's office, in conversation with the Development Services Department staff, will provide Council with the legal impact of draft policy Alternative 1. The seconder concurred with the amendments. The motion carried 5-0. NEW BUSINESS The Deputy City Clerk presented a joint resolution of the City Skateboard Facility Council and the Board of Directors of the Newport -Mesa Unified at Davis School School District committing to cooperatively evaluate the potential for development of a skateboard facility at Davis Elementary School. The City Manager summarized the Agenda Report dated August 26, 2002. Mayor Dixon reported on her involvement in initiating the discussions with the Newport -Mesa Unified School District regarding a skateboard park. She noted that discussion had also taken place regarding a youth activity center. Council Member Robinson stated that this is the beginning of an evaluative process which will involve the community. Council Member Steel commented that he is still interested in a joint venture with the City of Newport Beach for a skateboard park, and voiced his support for an indoor park at the Segerstrom's Mesa Verde Shopping Center. Jim Gray, 215 Knox Street, No. B, Costa Mesa, supported construction of a skateboard park at Davis School, and offered assistance with the design or any other aspect. He encouraged adding a skateboard park to the Fairview Park Master Plan. A west side resident supported adding a skateboard park to the Fairview Park Master Plan. Beth Refakes, 320 Magnolia Street, Costa Mesa, addressed the location of the proposed skateboard park, suggesting that noise reduction could be affected by planting additional trees or adding berms. She thought that the park should be more accessible for east side residents. Robert Graham, 3260 Dakota Avenue, Costa Mesa, encouraged coordinating with the School District for the park, and proposed reconsidering Lions or Fairview Park as possible sites. MOTION/Adopted On motion by Council Member Cowan, seconded by Council Resolution 02-68 Member Steel, and carried 5-0, Resolution 02-68 was adopted: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AND THE BOARD OF DIRECTORS OF THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT COMMITTING TO COOPERATIVELY EVALUATING THE POTENTIAL FOR DEVELOPMENT OF A SKATEBOARD FACILITY AT DAVIS ELEMENTARY SCHOOL. Council Member Cowan thanked Mayor Dixon for pursuing this matter, and appreciated that the process will involve neighboring residents. She opposed placing the park in Fairview Park, encouraged staff to move forward with the Fairview Park Master Plan, and supported the Davis School site. NEW BUSINESS The Deputy City Clerk presented a request for City Council Community Objective conceptual approval of revised Community Objective process for Process Long Range Planning. The City Manager summarized the Agenda Report dated August 29, 2002. MOTION/Approved A motion was made by Council Member Cowan, seconded by Process for Long Mayor Pro Tem Monahan,'and.carried 5-0, to conceptually approve Range Planning the revised Community Objective process for Long Range Planning. Council Member Cowan_com_mended staff for understanding "what it is that we really are, P-all..about`',-stating that the proposal under consideration is an opportunity t6 -discuss "who we are and what we want to be." -.Mayor Dixon:_thought that this plan will provide a roadmap to the future. - COUNCIL Council Member Robinson was concerned about the photographs COMMENTS of trash, such as couches and mattresses, that are shown to Trash Concerns Council at every meeting. She asked staff to implement tracking of the areas where the littering occurs, and to take affirmative steps to contact property owners. She expressed concern regarding the Airport Traffic flights from John Wayne and Long Beach Airports, and asked the City Manager if there is a contact at the Federal Aviation Agency (FAA) to determine "exactly what's going on, how long this will be going on, is this something that our city can expect to be going on indefinitely, and why all of sudden has this started happening." The City Manager indicated that material he has received, which includes flight graphs, does not match reports from the residents. He reported that a letter is being drafted for the Mayor's signature which is directed to the Western Regional Director of the FAA raising these issues, and recommending that the FAA, along with the three area airports John Wayne, Long Beach, and Los Angeles International, address Council and the community as to what is occurring. Mayor Dixon reported that she met with two retired pilots and an engineer who are conducting research into the problem. Mayor Pro Tem Monahan stated that he has asked the City Manager to place on the September 9, 2002, study session agenda a report on this subject presented by the Orange County Regional Airport Authority and the Airport Working Group. Adult Soccer Fields Mayor Pro Tem Monahan mentioned acreage in the Banning Ranch area which has been surplussed as a potential location for the adult soccer fields which were addressed under Public Comment. He reported that soccer teams in the area have difficulty finding locations to play and end up in Yorba Linda or CRAC Committee South County. He indicated that the Community Redevelopment Action Committee (CRAC) will be discussed at the Redevelopment Agency meeting on September 9, 2002, to determine how the committee can best help the redevelopment process by providing input to the consultants. Mayor Pro Tem Monahan commented on East Side Overlay two items for the Council meeting of September 16, 2002: an Zone; Code Enforce- overlay zone for east side Costa Mesa for a certain tract; and Code ment Enforcement issues regarding housing problems in the City. Memorial Tribute Mayor Dixon reminded the public that on September 11, 2002, the City will sponsor a memorial tribute at the Orange County Police Donations Fairgrounds at 12:00 p.m. She notified anyone receiving telephone calls asking for Police donations to ask for identification. ADJOURNMENT The Mayor declared the meeting adjourned at 8:20 p.m. Mayor of the City of Costa Mesa ATTEST: Depu?y 4 e City of Costa Mesa 1