HomeMy WebLinkAbout05/20/2008 - City CouncilREGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
May 20, 2008
The City Council meeting of the City of Costa Mesa, California met in regular
session May 20, 2008, at 5:01 p.m., in the Council Chambers of City Hall, 77 Fair
Drive, Costa Mesa. The meeting was called to order by the Mayor.
I. ROLL CALL
Council Members Present: Mayor Eric R. Bever
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
City Clerk Julie Folcik
(Council Member Foley entered at 5:05 p.m.)
II. PUBLIC COMMENTS
There were no public comments.
III. CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL - Existing --Litigation:
Acosta v. City of Costa Mesa, District Court for the Central District
of California Case Number S_ACV06-233 DOC (MLGx),_pursuant to
Government Code Section 54956.9(a).
Mayor Bever recessed the meeting to closed session in Conference Room
1 B at 5:02 p.m.
The Mayor reconvened the regular meeting at 6:08 p.m.
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
Senior Planner Minoo Ashabi
Human Resources Manager Terri Cassidy
Administrative Services Director Steve
Mandoki
City Clerk Julie Folcik
PLEDGE OF ALLEGIANCE AND NATIONAL ANTHEM - All American Boys
Chorus, Music Director Wesley Martin
MOMENT OF SOLEMN EXPRESSION - Reverend Doctor Barbara Stewart, St.
John's Episcopal Church
CLOSED SESSION REPORT
City Attorney Kimberly Hall Barlow reported that no action was taken on
the closed session item.
PRESENTATIONS
Mayor Bever presented the Vanguard University Women's Basketball
Team and Staff with certificates recognizing them as the 2008 NAIA
National Champions. A video presentation highlighted the team's
championship game.
The Mayor recognized Killybrooke Elementary School for academic
achievement of an Academic Performance Index (API) score of 815.and
presented a proclamation to Principal Kathy Sanchez. He also recognized
Sonora Elementary School for an API score of 819 noting the Highest API
Growth Award from the Newport -Mesa Unified School District and
presented a proclamation to Principal Christine Anderson.
The City Manager introduced the employee recognition program for City
employees with .25 and 30 years of service to the City; and a video
presentation highlighted employees that would be receiving service
recognition awards on May 29, 2008, at 9:00 a.m., at the Neighborhood
Community Center. The City Council congratulated Senior
Communications Officer Jana Cacho, Fire Captain Jeff Janzen,
Property/Evidence Specialist Karl Verhoef, for 25 years of service; and
recognized Communications Installer Tommy Thompson for 30 years of
service.
IV. PUBLIC COMMENTS
1. Chris Bunvan, Costa Mesa, reported on the Bannina Ranch Forum
held on Mav 19, 2008, at the Neiqhborhood Communitv Center:
announced the next Bannina Ranch Task Force meetina to be held
July_ 21, 2008, 6:30 D.m. at the Neiqhborhood Communitv Center,
to address concerns relatina to open space, preservation, and
traffic: and encouraaed the public to contact 714-865-9746 for more
information.
2. Martin Millard. Costa Mesa, reported, graffiti on the Westside and
Mesa North: commented on crime. gana_ s: the need for a more
Droactive .aDDroach to gangs. and the need for modern low
income housina in the South Coast Metro area.
3. Jim Fitzpatrick. Costa Mesa, pave an update on the Broadwav
sidewalks: advised he attended the Colorado River Aqueduct Tour
and commended the Mesa Consolidated Water District: and voiced
his support for the efforts of the Banning Ranch Task Force.
V. COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS
Council Member Wendy Leece announced a Veterans' Memorial Service
to be held at the Costa Mesa Veterans' Memorial on May 26, 2008,
and advised that personalized bricks for the memorial are still on sale;
reminded the community that a permit is needed for block parties
celebrating the 4th of July and Labor Day; reported on the decrease of
sales tax in the City, encouraging everyone to spend their money in Costa
Mesa; and recognized Costa Mesa senior, Anne. Hogan Shereshevsky,
wishing her a speedy recovery.
Mayor Pro Tem Allan Mansoor reported he attended a special district
meeting with the Mesa Consolidated Water District and announced
that free water -savings sprinkler heads are being offered to residents.
Council Member Katrina Foley reported she attending a meeting with
representatives of the Orange County Transportation Authority (OCTA)
regarding the SR -55 Study, and requested OCTA to look into the traffic
counts on 19th Street and to notify the surrounding residents of information
concerning the study; commented on the decrease in car dealership sales
numbers within the City and requested the City Manager to contact the
Harbor Boulevard of Cars Association to address promotions; and
congratulated high school students from Costa Mesa who were rewarded
at the Chamber of Commerce Breakfast.
Council Member Linda Dixon congratulated City employees for all their
years of service.
Mayor Eric Bever reported on the special district meeting with the Mesa
Consolidated Water District and commented on the statewide water issues
and finding resolutions; reminded everyone to be proactive and conserve
water pointing out the various water saving programs sponsored by the
district; announced his participation in the kickoff of the American Cancer
Society Relay for Life held on May 16, 2008; advised that he and the
Mayor Pro Tem submitted a letter to OCTA Board of Directors regarding
the funding of the Environmental Impact Report. (EIR) and conceptual
design for .the SR -55 freeway extension; reported a letter was sent to the
.State Legislature supporting AB2151 relative to the city's authority in the
permitting of Alcoholic Beverage Licenses; and referenced the City of
Orange's ordinance relative to day laborers and requested that the matter
be brought before the Council to review at a study session.
VI. CONSENT CALENDAR
CONSENT CALENDAR ITEM NOS. 1 THROUGH 7.
MOTION: Approve recommended actions for Consent Calendar Items
Nos. 1 through 6, except for Consent Calendar Item No. 7.
Moved by Mayor Eric R. Bever, 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. Readinq Folder.
ACTION: The following Claims were received and processed by
the City Clerk: Law Offices of Randall J. Paulson on behalf of
Katharine Willis; Gregory Bennett Tilden.
The following Request for Alcoholic Beverage Control License was
received and processed: SWH Corporation, for Mimis Cafe
located at 1835 Newport Boulevard, Suite F, for type 47 (on -sale
general for a bona fide eating place).
2. Reaular Meetina Minutes of Mav 6. 2008.
ACTION: Approved.
3. Warrant Resolution 2213. funding Pavroll No. 809 for
$2.524.229.71, and Pavroll No. 808A for $429.61 and Citv
operating expenses for $1.417.235.39 includina pavroll deductions.
ACTION: Resolution adopted.
4. Warrant Resolution 2214. fundinq Citv operatina expenses for
$861.553.72.
ACTION: Resolution adopted.
5. Maintenance Aareement with South Coast Plaza (Developer A),
3315 Fairview Road. Costa Mesa. and Maauire Properties -Pacific
Arts Plaza. LLC (Developer B). 3200 Park Center Drive, #1150,
Costa Mesa, for landscape and other improvement maintenance
within the Theater and Arts District (TAD) Dublic riaht- of -way.
ACTION: Approved; and authorized the Mayor and City Clerk to
sign.
6. Adopt Dlans and specifications. and workina details for the
Roadwav Rehabilitation of Sakioka Drive from Anton Boulevard to
Sunflower Avenue. Federal Project No. STPL-5312 (060), Citv
Pro iect No. 07-11, and award construction contract to R.J. Noble
Companv. 15505 East Lincoln Avenue,
Orange. in the amount of $431.044.60.
(a). Budget Adjustment No. 08-052 for $452,732.
ACTION: Approved and authorized the Mayor and City Clerk to
sign; approved Budget Adjustment No. 08-052 and authorized the
Mayor to sign.
ITEM REMOVED FROM THE CONSENT CALENDAR
7. Adopt plans and specifications, and working details for the
installation of netting along the sides adjacent to the Costa Mesa Golf
Course for Fairview Developmental Center Sports Complex.
The Mayor announced staffs request for a continuance.
MOTION: Continue to the meeting of June 3, 2008.
Moved by Council Member Katrina Foley, seconded by Council
Member Linda W. Dixon.
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.
VII. PUBLIC HEARING
1. PUBLIC HEARING: General Plan Amendment GP -08-01, Rezone
R-08-01, and Plannina Application PA -08-06, for Phil Schwartze,
authorized aqent for Newport Investment Strateqies. for: General
Plan Amendment to chanqe the land use desiqnation from
Public/Institutional to MediumDensityy Residential: Rezone from
I&R (Institutionaland Recreational District.) to R2-MD_(Multiple-
Family Residential District,_Medium Density_), Design Review for a
2 -unit, 2 -story detached residential common interest de_v_elopment
including _variance from rear yard_lot coverage,_an administrative
adjustment for second floor rear .yard setback,_ and a minor
modification to allow an 8 -foot perimeter wall,_ located at 320 E.
18th Street,_ in__an ___I&R_(Institutional and Recreational.) zone.
Environmental determination: exempt.
(a).. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT GP -08-01 FOR THE RESIDENTIAL
DEVELOPMENT AT 320 E. 18TH STREET.
(b). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, REZONING A 0.2 ACRE PARCEL
FROM I&R (INSTITUTIONAL AND RECREATIONAL) TO R2 -MD
(MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) FOR
PROPERTY LOCATED AT 320 E. 18TH STREET.
(c). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING PLANNING
APPLICATION PA -08-06 FOR THE RESIDENTIAL
DEVELOPMENT AT 320 E. 18TH STREET.
Senior Planner Minoo Ashabi presented the staff report, responded
to questions from the City Council relating to fencing, construction
hours, and the requested variances.
Phil Schwartze, representative for the applicant, responded to
questions relative to the proposed plan, noting unusual lot
shape, concerns regarding saving of a tree, the compatibility of
proposed units to the neighborhood, and the changes to the plan
with out the requested variances.
Paul Wilbur, Costa Mesa, addressing of the rezone application and
parcel maps questioned whether the lot could be developed or
subdivided.
Beth Refakes, Costa , Mesa, expressed support of the project
although noted a concern relative to proposed eight foot wall
abutting the parking lot, drainage issues and requested for
demolition notification for the surrounding neighbors.
Discussion ensued between the Council and staff relative to the
master plan for the church, property ownership and legal
subdivision, number of bedrooms, parking, egress from the
development, and reinforcement of the eight foot wall.
MOTION: Adopt Resolution No. 08-36, approving GP -08-01;
Introduced Ordinance No. 08-4 for first reading, read by title
only, and waived further reading; Adopt Resolution No. 08-37,
approving PA -08-01.
Moved by Mayor Eric R. Bever, 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.
VIII. OLD BUSINESS
1. Amendment to Subdivision Aqreement for Final Tract Map No.
16917 located at 1101-1045 EI Camino Drive for a one-vear time
extension for the completion of off-site improvements.
Public Services Director Peter Naghavi summarized the report
and noted that the demolition of the existing
buildings would commence within the week; to. be completed no
later than June 19, 2008. The Public Services Director responded
to questions from the Council concerning the timeline for
demolition, fencing, improvements, and development.
Council Member Dixon suggested that the developer be required to
plant grass and install sprinklers on the property until development
begins.
Martin Millard, Costa Mesa, agreed with requiring the developer to
install grass until development begins, expressed concern on the
start of -construction, the number of homes to be built,
and encouraged the Council to help the developer improve the
surrounding area.
Michael Dilsisian, Costa Mesa, expressed support for
improvements to the site; encouraged the Council to not delay
the demolition, and supported the planting of grass until
construction is begun.
Michelle Christiansen, Costa Mesa, expressed disappointment in
the lack of progress with the development and maintenance of the
site, imploring the Council to require the developer to improve the
site.
Lisa Reedy, Costa Mesa, presented a petition in support of the
demolition; expressed concern on the demolition timeline and the
maintenance of landscaping and fencing; and inquired as to the
number of citation issued and the amount of fines imposed on the
property thus far.
Council Member Dixon and Council Member Foley expressed
support for a condition of approval that required the developer to
install grass and sprinklers, and the maintenance of landscaping.
Steve Sheldon, Oxbow 101, LLC, clarified that they have owned the
property since 2006 and have inherited part of the history of the
project; expressed their desire to develop the property and
commence landscape demolition starting the next day. In
reference to Mayor Pro Tem Mansoor's request to amend the
recommended action to "requiring" the developer to complete the
off-site improvements by April 30, 2009, the applicant agreed.
In reference to questions from the Council on construction, the
applicant indicated their intent to proceed forward
and develop, and pointed out that without the approval of the
subdivision they would loose their entitlements. Discussion ensued
between Council Member Foley and the applicant on the condition
that if building permits are not pulled within six months that the
developer would plant grass on the site. The applicant was not in
support, of the additional condition and indicated that he would
prefer the recommended action. Further discussion ensued among
the Council and staff on the development process, installation of
grass and irrigation, and housing market.
The Mayor referencing the petition in support of demolition,
expressed support of the applicant proceeding forward in
development.
MOTION: Approve; authorized the City Engineer and City Clerk
to sign the Amendment to Subdivision Agreement for a one-
year extension as amended, "requiring" the developer to
complete the off-site improvements by April 30, 2009.
Moved by Mayor Eric R. Bever, seconded by Mayor Pro Tem
Allan R. Mansoor.
Mayor Pro Tem Mansoor expressed: -support of -the developer
proceeding forward and recognized- the- impact of the housing
market. r -
Director of Development Services Don - Lamm- _ responded to
questions from the Council relating to -the _ . fencing, property
maintenance, citations issued, and guard service.
The developer conveyed their motivation to proceed with the
project and encouraged the Council to approve the recommended
actions.
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.
IX. NEW BUSINESS
1. Resolution of Intent to approve an amendment to the contract with
the Board._ of Administration of the California _PublicEmpl_oyees'
Retirement System (_C_aIPERS)_ to_ implement the 2.5%@55
retirement formula for eliaible Miscellaneous employees.
City Manager Allan Roeder introduced the item and Human
Resources Manager Terri Cassidy summarized the report and
responded to questions from the Council.
The Mayor expressed support of the employees paying for the
benefit.
MOTION: Adopt Resolution No. 08-38; a Resolution of Intent to
approve an amendment to a contract with the Board of
Administration California Public Employees' Retirement
System; approve and authorize the Mayor and City Clerk to
sign; and authorize the City Clerk to execute the Certification
of Governing Body's Action and the Certification of
Compliance with Government Code Section 7507.
Moved by Mayor Eric R. Bever, 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.
X. REPORTS
City Manager reported on the efforts for joint meeting in the month of June
with the City of Newport Beach City Council regarding aviation issues.
Council Member Foley suggested a joint Study Session.
XI. ADJOURNMENT — The Mayor declared the meeting adjourned at 8:40
p.m. The next Regular City Council Meeting will be held June 3, 2008.
Mayor of the City of Costa Mesa
ATTEST:
City lerk of thCyCMesa
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