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HomeMy WebLinkAbout07/15/2008 - City Council1 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA July 15, 2008 The City Council meeting of the City of Costa Mesa, California met in regular session July 15, 2008, at 6:00 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor. PLEDGE OF ALLEGIANCE - Mayor Eric Bever MOMENT_ OF SOLEMN EXPRESSION - Chaplain Lloyd Sellers, Hoag Memorial Hospital Presbyterian ROLL CALL Council Members Mayor Eric R. Bever Present: Mayor Pro Tem Allan R. Mansoor Council Member Linda W. Dixon Council Member Katrina Foley Council Member Wendy Leece Council Members Absent: None Officials Present: City Manager Allan Roeder Assistant City Manager Thomas Hatch City Attorney Kimberly Hall Barlow Development Services Director Donald Lamm Public Services Director Peter Naghavi Fairview Park Plan Administrator Robert Staples Senior Planner Claire Flynn City Clerk Julie Folcik PRESENTATIONS Mayor Bever highlighted the 9th Annual Artist Showcase Event sponsored by the Cultural Arts Committee. He announced the presentation of the first Mayor's Choice Award and selected artist Terry Kim as' the recipient. He was recognized for his outstanding achievement for "Pinup 2 Orphee Edition" and was presented a Mayor's Choice Award Certificate and announced that the art piece would be on display in the Mayor's Office. IV. PUBLIC COMMENTS Sharon Castevens, Costa Mesa. referring_to Costa_ Mesa_ Municipal_ Code Section 3-16 relating_ to_ animal _noise,__compiained_ of_a barking_dog_problem, and advised that she, along_ with surrounding neighbors,have attempted to work with the dog owner and Animal Control to resolve the problem. but commented that the problem was "out of control." 2. Dixie Alexander, CostaMesa,_ complained_ about the same _barking dog, _spoke_about_the_ rep_ orts made_ to_A_nimal Control. and_ pointed out that _it_was the__C_ ity's_only_ solution -to _uncontrolled -barking. She note_d_that_she_ has exhausted _her resources and suggested to fine the dog owners or to impound the dog. 3. John Goddard,__ Costa___ Mesa,__complain ing__about the _same barking dog, noted it was a nuisance and asked if something could be done to remove the dog from the propertv. 4. Murrav Black. also complained about the barking doq and suggested an ordinance relating to disturbing the ep_ace. 5. Varick Smith. Costa Mesa. informed that at the communitv qarden located at Del Mar Avenue and Elden. Avenue a portable toilet was installed however that it positioned very close to his balconv. and therefore requested that the location be remedied. 6. Chris Bunvan, Costa Mesa. spoke on behalf of Save the Banninq Ranch Task Force: invited the communitv to the Bannina Ranch Town Hall Forum to be held on Julv 21, 2008,: at 6:30 p.m., at the Neiqhborhood Communitv Center. - 7. Beth Refakes. Costa Mesa. expressed concern on the excessive number of banners alona Newport Boulevard and opined that it made the area unattractive. 8. Anne Hoaan Shereshevskv. Costa Mesa, referred to the Studv Session of Julv 8. 2008 and questioned an airport curfew policv: addressed a rumor reqardinq the Costa Mesa Senior Center and the distribution of "expired" food: announced the Senior Center Car Wash to be held on Julv 28. 2008. and expressed concern on the use of fireworks. 9. Aviva Goldman. Executive Director of the Costa Mesa Senior Center. addressed some misconceptions concernina the Senior Center Food Proqrams: invited the Council to inspect procedures of food distribution at the Senior Center: and implored the Council to contact her directiv to report anv anv problems. 10. Teresa Umetsu. Costa Mesa. thanked the Costa Mesa Police Department for keepina the peace and policing Tanaqer Park on Julv 4, 2008. She recoanized the efforts of Special Events Officer Tonv Yanizzi. 11. Roqer Welch. Costa Mesa. reported on an automotive repair business in a residential neiqhborhood located at 3135 Samoa Place and complained about noises, chemical odors, sound of continuous enqine runninq and brake work, smoke exhaust, hours of operation. and the use of flood lights at night. V. COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS Mayor Pro Tem Allan Mansoor thanked City Manager Allan Roeder for his quick follow-up on the barking dog issue and reassured that the comments made by public speakers would be addressed by City staff. Council Member Katrina Foley requested Development Services Director Don Lamm to look into the change in flight paths of planes flying from John Wayne Airport; commended the Costa Mesa Police Department and their efforts in mitigating traffic for the Orange County Fair; thanked the Maloof Brothers for bringing the Maloof Money Cup to, Costa Mesa pointing out that it was the biggest skateboarding competition in history. Council Member Linda Dixon reminded the community of the upcoming Cattle Drive and invited everyone to attend. 1 fl 1 Mayor Eric Bever concurred with a public speakers comment concerning an airport curfew policy and requested a report from City staff; commented on the barking dog problem mentioned earlier and inquired if the process for reporting such problems could be reviewed to streamline the process. Council Member Wendy Leece spoke about the Oh of July and the plans to remedy issues concerning fireworks; expressed appreciation of the efforts of City Council, staff, police and fire departments; reported on the 4th of July incidents and advised that a report is forthcoming. VI. - CONSENT CALENDAR CONSENT CALENDAR ITEM NOS. 1 THROUGH 11. MOTION: Approve the recommended actions for Consent Calendar Item Nos. 1 through 11, except for Consent Calendar Item Nos. 5 and 6; and continued Consent Calendar Item No. 2 to the meeting of August 5, 2008. Moved by Council Member Linda W. Dixon, seconded by Council Member Katrina Foley. The motion carried by the following roll call vote: Ayes: Mayor Eric R. Bever, Mayor Pro Tem Allan R. Mansoor, Council Member Linda W. Dixon, Council Member Katrina Foley, Council Member Wendy Leece Noes: None. Absent: None. 1. Reading Folder. ACTION: The following Claims were received and processed by the City Clerk: Enterprise Rent A Car; Chris Jones on behalf of Ranco Corporation; and Rodger Gazelle on behalf of Shea Homes LP. The following Notification Letter was received and .processed: Southern California Gas Company — Revised Notice of Filing of Low -Income Program, Application No. A.08-05-025. 2. Reaular Meeting Minutes of July 1_,_ 2008. ACTION: Continued to the meeting of August 2, 2008. 3. Warrant Resolution 2221,_ funding_ Pay roll. No. 813 for -$2,571,245.64,__and _Payro_II No 812A for $2,674,22 City operating expenses for $1,908,491.48 including -payroll deductions. ACTION: Resolution adopted. 4. Warrant Resolution 2222,_ funding City operating_ expenses for $1, 080, 734.39. ACTION: Resolution adopted. 7. Adopt—pians, and _speci i ations,.__and__working_ d_etails__for _the Roadway Rehabilitation of_Grace_Lane, New_ Hampshire Drive, _and Randolph AvenueCity_ Project_ No. 08-05, and award_ construction contract_ to All American Asphalt, P.O. Box 2229,_Corona,__in_ the amount of $384,757. ACTION: Approved; authorized the Mayor and City Clerk to sign. 8. Completion of Roadway_Rehabilitation of Alley_No. 72,_Project No. 08-01, by International Pavement Solutions, Inc., P.O. Box 10458, San Bernardino. ACTION: Work was accepted; City Clerk was authorized to file a Notice of Completion; authorization was given to release of retention monies 35 days thereafter; the Labor and Material Bond was ordered exoneration seven (7) months .thereafter; and the Faithful Performance Bond was ordered exoneration twelve (12) months thereafter. 9. Release of Performance and Labor and Material Bonds (_Certificate No. SU5012802). in the amount of $492.923.51 for street improvements, and (Certificate No. SU5012791). in the amount of $15.000 for settinq corner monuments. to Shea Homes Limited Partnership (Developer), 603 Valencia Avenue, Brea, in connection with Encroachment Permit No. PS05-00118 for Tract 16600 located at 190 East 23rd Street. Costa Mesa. ACTION: Ordered the bonds exonerated. 10. Release of Performance and Labor and Material Bonds (Certificate No. 104624964), in the amount of $49.500 for street improvements. and (Certificate No. 104624984), in the amount of $6.400 for settinq corner monuments, to Richmond American Homes of California Inc. (Developer). 5171 California Avenue, Suite 120, Irvine. in connection with Encroachment Permit No. PS06-00029 for Tract 16694 located at 330 West Bav Street. Costa Mesa. ACTION: Ordered the bonds exonerated. 11. Release of Performance and Labor and Material Bonds (Certificate No. 8848255). in the amount of $115;572.86 for street improvements, and (Certificate No. 8848256), in the amount of $6.600 for setting corner monuments, to Richmond American Homes of California Inc. (Developer), 5171 California Avenue, Suite 120. Irvine. in connection with Encroachment Permit No. PS06- 00298 for Tract 16937 located at 2501 Harbor Boulevard, Costa Mesa. ACTION: Ordered the bonds exonerated. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. Professional Services Agreement with CNC Engineering, 8 Corporate Park, Suite 100. Irvine. for engineerina services for the desian of the first five allevs on the Citvwide Allev Improvement Priority List. in an amount not to exceed $88310. Director of Public Services Peter Naghavi gave a brief overview of the report and recommended approval of the agreement. MOTION: Approve and authorize sign. Moved by Council Member Katrina Member Linda W. Dixon. the Mayor and City Clerk to Foley, seconded by Council The motion carried by the following roll call vote: Ayes: Mayor Eric R. Bever, Mayor Pro Tem Allan R. Mansoor, Council Member Linda W. Dixon, Council Member Katrina Foley, Council Member Wendy Leece Noes: None. Absent: None. 1 1 1 6. Cooperative Agreementwith the _ Orange County Flood Control District (OCFCD) for the Fairview Park Wetlands and Riparian Habitat Project. Fairview Park Plan Administrator Robert Staples .gave an overview of the first phase of the project pointing out that the Army Corps of Engineers would be planting 17 acres of Riparian Habitat at Fairview Park; and advised that construction would begin in September 2008. Council Member Foley requested that an update concerning project improvements, renderings, and construction timeline be placed in the Costa Mesa Community News and Recreation Review in an effort to keep the community apprised of the project. MOTION: Approve and authorize the Mayor and City Clerk to sign. Moved by Council Member Linda W. Dixon, seconded by Council Member Katrina Foley. The motion carried by the following roll call vote: Ayes: Mayor Eric R. Bever, Mayor Pro Tem Allan R. Mansoor, Council Member Linda W. Dixon, Council Member Katrina Foley, Council Member Wendy Leece Noes: None. Absent: None. The following agenda item was taken out of order due to the time set for public hearings pursuant to Resolution No. 05-55. IX. NEW BUSINESS 1. General Plan _Screening -request for GPS -08-02 for property located at 3370 Harbor Boulevard. Senior Planner Claire Flynn summarized the staff report, gave an overview of the project, and pointed out that the proposal does fail all the general plan screening criteria. Following presentation of the staff report, the Senior Planner responded to questions from the Council relating to zoning. Ray Mietkiewicz, The O'Donnell Company, presented a slide show on the proposed project; advised that they.. are requesting a .26 Floor Area Ratio (FAR) with a proposed office use for the site; pointed out that they have done a traffic study and commented on the proposed traffic generation. Mayor Pro Tem Mansoor expressed concern on the increase of traffic and questioned the requested FAR. Discussion ensued among the Council, City staff, ,and applicant on the traffic generation comparison and the reference of .30 FAR for office use designation. The Development Services Director addressed the issue of amending the General Plan pointing out the land use element threshold of .20 FAR. Council Member Leece expressed concern on the proposed building size, parking and traffic. Council Member Foley expressed concern on knowing whether a commercial use was approved and felt that information would be important to make an analysis on the project. Council Member Dixon expressed reservation in permitting the process to proceed forward and expressed interest in obtaining VII. more information relating to the requested FAR and land use approvals. MOTION: Continue to the meeting of August 5, 2008. Moved by Council Member Katrina Foley, seconded by Council Member Wendy Leece. The motion carried by the.following roll call vote: Ayes: - Mayor Eric R. Bever, Mayor Pro Tem Allan R. Mansoor, Council Member Linda W. Dixon, Council Member Katrina Foley, Council Member Wendy Leece Noes: None. Absent: None. PUBLIC HEARING 1. PUBLIC HEARING: Review of the Plannina Commission's determination regarding Zoninq Application ZA-08-17, for Cvnthia J. Nelson. authorized agent for Nexus Development Corporation. amendment to Final Master Plan PA -07-20, for the Westside Lofts Mixed -Use Pro iect. The proposed request is to modifv conditions of approval that would allow the 151 residential condominium units to be initiallv offered as rental units as opposed to "for -sale" units. No densitv or design chanaes are proposed. The Proiect is located at 1640 Monrovia Avenue, in an MG zone (General Industrial) and Mesa West Bluffs Urban Plan area. Environmental determination: exempt. Mayor Pro Tem Mansoor expressed his support of the project and addressed the reason for a review. He indicated that he would like to see the project "for sale" and inquired on the possibility of the units being offered for sale in the future. Council Member Dixon stated she was supportive of the project and inquired. if a condition could be placed that required the developer to begin selling the condominium units at a specified period of time. The Senior Planner advised that it was possible. Cory Elder, President of Nexus Development, commented on the possible placement of such condition and the difficulty of obtaining financing due to the economy; spoke about the development process pointing out that it was a quality project; and responded to questions from the Council relating to home ownership and rental units, and the time frame of demolition. Council Member Foley asked the developer if he was amenable to an additional condition that required building demolition within nine months of the approval of the project. Following discussion, the developer advised that he would like the condition to remain as demolition "within 24 months of the approval" of the project. Further discussion ensued among the Council, City staff, and the developer relating to the Covenants, Conditions & Restrictions (CC&R's) and trip fee. Roger McGregor stated he owns the five acres located next to the project. He expressed his support, however, was concerned about the overcrowding of the Westside and the possibility of the developers selling the project. He suggested an occupancy limit and to place occupancy restrictions in the CC&R's. Mark Less, Costa Mesa, commended Nexus Development and their projects and stated that he would like to see the revitalization 1 1 1 of the Westside. Steve Mitchell, Costa Mesa, spoke in support of the project and urged the Council to approve. John Gray, Costa Mesa, commented on the quality projects built by Nexus and hoped that the Council approves the project. Erin Gisler stated that as a business owner on the Westside, expressed support of the redevelopment of the area. Gregory Less, Costa Mesa, believed that the project is a quality project and looked forward to the revitalization of the Westside. Bob Wright, Costa Mesa, voiced his support of the project. Justin McMillen, Costa Mesa, commended the Nexus Development and hoped that Council would approve the project. Mike Harrison, Costa Mesa, recommended demolition within six months of project approval and begin construction within a reasonable time frame. Martin Millard, Costa Mesa, said he supports the project and hoped that Council approve. Andre Ferrer, Costa Mesa, commented that the project would benefit the Westside. Leah Harris, Costa Mesa, spoke in opposition to, the project, commented on the need of home ownership in the community, and opined that the project was not right for the area. Ryan Burchur stated his support for the project. Brett Walker, Costa Mesa, expressed support of the project and commented that the project would live up to the City's motto "City of the Arts". Bryan Malley, Costa Mesa developer, applauded the development of the project and commented on the economical risks. MOTION: Adopt Resolution No. 08-52, upholding the Planning Commission's decision; adding Condition of Approval No. 57 requiring that the buildings be demolished within 24 months of. the approval of ZA-08-17. Moved by Mayor Pro Tem Allan R. Mansoor, seconded by Council Member Katrina Foley. Discussion ensued between the Council and developer relating to occupancy permit, construction and demolition timeline, inclusion of occupancy limits in CC&R's, targeted tenancy, and apartment management. The motion carried by the following roll call vote: Ayes: Mayor Eric R. Bever, Mayor Pro Tem Allan R. Mansoor, Council Member Linda W. Dixon, Council Member Katrina Foley, Council Member Wendy Leece Noes: None. Absent: None. RECESS: The Mayor declared the meeting recessed at 8:39 p.m. AFTER RECESS: The Mayor reconvened the meeting at 8:48 p.m. VIII. OLD BUSINESS No Old Business scheduled. IX. NEW BUSINESS 2. House of Representatives Bill (H.R.) 3121. Flood Insurance Reform and Modernization Act of 2007. Assistant City Manager Tom Hatch summarized the staff report and responded to questions from the City Council. MOTION: Take a formal position in opposition to H.R. Bill 3121. Council Member Foley asked if notification could be sent to all Congressional representatives of the City Council's position. Mayor Bever agreed. The motion restated: MOTION: Take a formal position in opposition to H.R. Bill 3121 and direct staff to forward a letter to all Congressional representatives of the City Council's position. Moved by Mayor Eric R. Bever, seconded by Council Member Katrina Foley. The motion carried by the following roll call vote: Ayes: Council Member Katrina Foley, Council Member Wendy Leece, Council Member Linda W. Dixon, Mayor Pro Tem Allan R. Mansoor, Mayor Eric R. Bever Noes: None. Absent: None. 3. Consideration of the placement of revenue measures on the ballot for the November General Elections: • Transient Occupancv Tax • Business License Tax (a). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE RELATING TO THE TRANSIENT OCCUPANCY TAX (TOT) AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, AS CALLED BY RESOLUTION NO. 08-39. (b). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE RELATING TO THE BUSINESS LICENSE TAX AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, AS CALLED BY RESOLUTION NO. 08-39. (c). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SETTING PRIORITIES FOR FILING (A) WRITTEN ARGUMENT(S) REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. (d). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 1 1 1 COSTA MESA, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS. (e). Budget Adjustment in the amount of $15,298 for the cost of the above measures, if needed. City Manager Allan Roeder introduced the item, commented on the process of placing the Business License .Tax on the November ballot and pointed out staff recommendation that .the item not be placed on the ballot at this time. Finance Director Marc Puckett and City Attorney Kimberly Hall Barlow were present to respond to questions. Council Member Dixon highlighted the City's programs, improvements, and services recently underway, pointed out a projected six percent decrease in annual sales tax revenue and commented on the need for additional funds to provide the services and quality of life that residents deserve. She commented on the increase of TOT and business license fees and hoped that Council would support the placement of a TOT measure on the November ballot and thereby giving the community an opportunity to decide. Mayor Bever questioned the need to increase the TOT tax and pointed out the division of the top three business incentives that the previous Council had supported. Council Member Leece commented that she was not in favor of increasing taxes and noted the impact of the slow economy. MOTION: Receive and file report. Moved by Mayor Pro Tem Allan R. Mansoor, seconded by Mayor Eric R. Bever. In reference to Council Member Foley's comments relating to the need to increase revenues, the City Manager noted the City's ongoing practice in the reduction of spending, evaluation of vacant positions, and in the past, the City's reorganization of operations. He pointed out the spending of fund balance for the past five to seven years relative to the economic conditions which may require the reduction of capital improvements and purchasing of equipment, and to adhere to budget limitations. The motion carried by the following roll call vote: Ayes: Mayor Eric R. Bever, Mayor Pro Tem Allan R. Mansoor, Council Member Linda W. Dixon,, Council Member Katrina Foley, Council Member Wendy Leece Noes: None. Absent: None. 4. City Council review of existina Economic Development_Strategy. The City Manager briefed the staff report. Council Member Foley commented on the means to generate revenue for the City and local businesses; she suggested implementing a group that would work with the City to create economic development strategies opposed to a policy statement. Mayor Pro Tem Mansoor referred to the business incentives ideas and stated that he would like to see some of the ideas come from the business community. Council Member Foley indicated that she would like the City to place public service announcements via the Community News and Recreation Review, Costa Mesa TV, and website on the benefits of shopping in the City. MOTION: Direct staff to place public service announcements in the Community News and Recreation Review, Costa Mesa TV and website on the benefits of shopping in Costa Mesa. Moved by Council Member Katrina Foley. Motion died for lack of second: Council Member Dixon expressed. concerns with the business incentives ideas and stated that she would not support those ideas. Beth Refakes, Costa Mesa, commented on the need to .promote the City; agreed with the Mayor Pro Tem that these ideas need to come from the business community; and suggested placing a list on the City's website of the new businesses in the City. Discussion ensued among the Council on the direction of encouraging the community to "Shop Costa Mesa". Mayor Bever voiced his support of such direction, however expressed reservation on the promotion of local businesses. MOTION: Direct staff to place an advertisement encouraging the community to "Shop _Costa Mesa" on CMTV Channel 24 and in the Community News and Recreation Review; and if within resources for staff to produce a brief commercial on the businesses available in Costa Mesa. Moved by Mayor Eric R. Bever, seconded by Mayor Pro Tem Allan R. Mansoor. The Mayor Pro Tem asked the maker of the motion to include "to approach the Costa Mesa Chamber of Commerce and to begin dialogue relating to business community's ideas for economic development." The Mayor agreed. The motion restated: MOTION: Direct staff to place an advertisement encouraging the community to "Shop Costa Mesa" on CMTV Channel 24 and in the Community News and Recreation Review; and if within resources for staff to produce a brief commercial on the businesses available in Costa Mesa; and for staff to approach the Costa Mesa Chamber of Commerce to open dialogue relative to the business community's ideas for economic development. Moved by Mayor Eric R. Bever, seconded by Mayor Pro Tem Allan R. Mansoor. The motion carried by the following roll call vote: Ayes: Mayor Eric R. Bever, Mayor Pro Tem Allan R. Mansoor, Council Member Linda W. Dixon, Council Member Katrina Foley, Council Member Wendy Leece Noes: None. Absent: None. X. REPORTS There were no reports from the City Attorney and the City Manager. XI. ADJOURNMENT — The Mayor declared the meeting adjourned at 9:43 p.m. The next Regular City Council Meeting will be held on August 5, 2008. Mayor of the City of Costa Mesa ATTEST: City Jerk of the City of Costa Mesa 1 1