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HomeMy WebLinkAbout07/05/1995 - City Council330 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 5, 1995 The City Council of the City of Costa Mesa, California, met in regular session July 5, 1995, 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 Hornbuckle, and invocation by the Reverend William Hemenway, Christ Lutheran Church. ROLL CALL Council Members Present: Mayor Joe Erickson Mayor Pro Tem Peter Buffa Council Member Mary Hornbuckle Council Member Sandra Genis Council Member Gary Monahan Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Assistant Development Director/ Planning Manager Perry Valantine Transportation Services Manager - Peter Naghavi Assistant to the City Manager Ann Gyben Deputy City Clerk Mary Elliott ORDINANCES AND A motion was made by Council Member. Hornbuckle, seconded by RESOLUTIONS Mayor Pro Tem Buffa, and- carried 5-0, -to read all ordinances and resolutions by title only. ORAL COMMUNI- Janice Davidson, 1982 Arnold Avemie, "Costa -Mesa, complained CATIONS about parties which occur.in her tieigh�eorhood, at -the home of Bill Bill Goodwin Parties Goodwin, 641 Surf Street, stating fhat the-activitie-s have escalated, causing widespread publicity.,; Sheexpressed' concern that young persons in the area are exhibiting an inyterest..iin the operation, and suggested that the City attempt.-to..exercise control. The City Manager responded that the matter is still under investigation; however, any young persons loitering in the area after 10:00 p.m. are subject to curfew restrictions. Additional Police Dorothy Adams, 220 Amherst Road, Costa Mesa, asked how many Officers new police officers are being hired and when this will occur. The City Manager reported that the Police Department budget allows for the addition of three sworn officers for the Special Enforcement Detail, and a nonsworn position in Community Relations. He explained that a report would be prepared which addresses hiring an additional six officers, and noted that the timing would depend upon who applied for the positions. Mesa Consolidated Heather Somers, 427 East 17th Street, Costa Mesa, President of the Water District East Side Homeowners Association, updated information previously provided to Council regarding the Mesa Consolidated Water District. She announced that she had asked the Water Board to review policies and resolutions, specifically Resolution No. 1061 which accords the General Manager an excessive amount of authority in [1 managing financial operations of the District. She urged Council and citizens to attend the Water Board meeting on July 13, 1995. CONSENT On motion by Mayor Pro Tem Buffa, seconded by Council Member CALENDAR Genis, and carried 5-0, all Consent Calendar items were approved MOTION/Approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Barbara Kay Burns; August Oscar Freeman; Constance Harriett O'Brien; and Karen Waldron. Alcoholic Beverage Alcoholic Beverage License for which parking has been approved License by the Planning staff: Avilas El Ranchito, Inc., doing business at 2101 Placentia Avenue; and SWH Corporation, doing business as Mimi's, 1835 Newport Boulevard, No. F. Orange County 2001 Resolution from the City of Irvine supporting the concept of "Orange County 2001" to restructure the County of Orange government as proposed by Supervisor Marian Bergeson. Public Utilities Notice from Southern California Gas Company that Application Commission No. 95-06-002 was filed with the Public Utilities Commission, requesting adoption of a Performance Based Regulation Mechanism which would significantly change the current cost of service regulation; and a proposal for changes in residential rate design. Notice from Southern California Gas Company that Application No. 95-06-003 was filed with the Public Utilities Commission, requesting an attrition adjustment to increase rates by $11.9 million to be effective January 1, 1996. SET FOR PUBLIC The following items were set for public hearing on July 17, 1995, HEARING/Coast at 6:30 p.m., in the Council Chambers of City Hall: Yellow Cab; Diamond Cab; and Orange Certificate of Public Convenience and Necessity for Coast Yellow County Yellow Cab/ Cab, doing business as Yellow Cab of Costa Mesa, 17300 Mt. Hearings Set for Herrmann Street, Fountain Valley. July 17, 1995 Certificate of Public Convenience and Necessity for Diamond Cab Company, 6782 Stanton Avenue, No. A, Buena Park. Certificate of Public Convenience and Necessity for Orange County Yellow Cab, Inc., doing business as Orange County Taxi, 23201 Del Lago Drive, Laguna Hills. WARRANTS Warrant Resolution 1601, funding City operating expenses in the Approved Warrant amount of $1,042,996.73; and Payroll 9512 for $1,269,180.63, were 1601; Payroll 9512 approved. REJECTED CLAIMS The following claims were rejected: de Los Angeles Antonio de Los Angeles (suspect with gun, shot by Costa Mesa Police). Kelly Karen and Christina Kelly (wrongful death of John Mazak). Kelly Dianna Kelly (wrongful death of John Mazak). Bento Melissa Bento (wrongful death of John Mazak). Luk Ka -Ye Ung Luk (collision with State vehicle on Harbor Boulevard). Meister Christine Meister (vehicle tow). Nelson Merle Nelson (trip and fall over protruding newsrack bolts left in sidewalk). Ward Allen Ward (motorcycle vs. vehicle accident). ADMINISTRATIVE Resolution 95-59, A RESOLUTION OF THE CITY COUNCIL OF ACTIONS/Adopted THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE Resolution 95-59, APPLICATION FOR. BICYCLE AND/OR PEDESTRIAN FUNDS Bicycle and/or UNDER THE ORANGE COUNTY BICYCLE AND PEDESTRIAN Pedestrian Plan FACILITIES PROGRAM AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN, was adopted. Awarded Replacement Bids received for Tot Lot Equipment Replacement Program, Phase of Tot Lot Equipment I, for replacement of tot lot equipment and other improvements at to Lackey Construc- Brentwood, Del Mesa, Gisler, Pinkley, Smallwood, Wilson, and tion Wakeham parks, are on file in the City Clerk's office. The contract was awarded to Lackey Construction, Post Office Box 1725, Fallbrook, for $318,994.16. Approved Request A request from Children's Hospital of Orange County (CHOC) to for Street Banners install 60 street banners along Bristol and Bear Streets, Sunflower from CHOC/Disney- Avenue, Anton Boulevard, and Avenue of the Arts, announcing the land Fifth Annual CHOC/Disneyland Community Walk, to be held October 17, 1995, was approved. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Rehearing of set for the public hearing to rehear Planning Action PA -95-23, PA -95-23, Cherney/ Nancy Clark, 233 East Coast Highway, Suite D, Corona del Mar, Clark authorized agent for Michael Cherney, 20951 Brookhurst Street, Huntington Beach, for a- Conditional Use Permit (CUP) for a residential facility for adult men and women in an existing apartment building, and a variance from parking requirements, located at 1110 Victoria Street in an R2 zone. Environmental Determination: Exempt. (The City Council denied the request on, May 1, 1995.) The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Communications were received in support of the facility from: John Depko, Law Offices of the Orange County Public Defender, 801 Civic Center Drive West, Room 306, Santa Ana; and Larry Campeau, 1955 Balearic Drive, Costa Mesa. The Planning Manager summarized the Agenda Report dated June 16, 1995. Nancy Clark, 2816 Broad Street, Costa Mesa, stated that testimony had previously been given by residents of the facility, graduates, and family members, and signatures of residents in the neighborhood had been submitted, all in support of the residential facility. She reported that the facility is located directly across the street from an industrial area and a commercially zoned area, and did not feel that a parking variance was required as the problem had been remedied. Ms. Clark clarified that credit for jail time is given at this facility and is a condition of probation. Michael Cherney, 9172 Santiago Drive, Huntington Beach, commented on the types of persons who participate in the recovery program, and reported that he had converted another building into a, drug/alcohol-free building to assist with the housing for those who had successfully completed the program. The following persons spoke in support of the facility: Mark Robinson, owner of the business at 1125 Victoria Street, Costa Mesa; Carey Ward, 126. East 19th Street, Costa Mesa; Bruce Moore, Deputy Probation Officer with the County of Orange (acting on behalf of himself)'; John Jones, 665 Park Drive, Costa Mesa; Steve Lazier, 1944 Maple Street, Costa Mesa; Nancy Hayden, 1110 Victoria Street, Costa Mesa; Frank Forbath, 2880 Club House Road, Costa Mesa; Mike Whelan, 2205 Pacific Avenue, Costa Mesa; Mike Davis, 1110 Victoria Street, Costa Mesa; Theresa Cervantes, 2700 Peterson Place, Costa Mesa; Jo Hubbard, 817 Victoria Street, Costa Mesa; and Ernie Simmons, 1127 Avemore Terrace, Costa Mesa. The following persons were opposed: Janice Davidson, 1982 Arnold Avenue, Costa Mesa; Dorothy Adams, 220 Amherst Road, Costa Mesa; Monroe Genhert, 157 South Woodlake Street, Lake Elsinore, owner of industrial buildings at 1109 Victoria Street; Nancy Mackiewicz, 1642-�Sie-rra Alta Drive, Santa Ana, representing the owners at 1104 and 1106 Victoria Street; David Burns, 1112 Ridgecrest Circle, Costa Mesa; Heather Somers, 427 East 17th Street, Costa Mesa; Nancy Palme, 1997 Kornat Drive, Costa Mesa; Chris Steel, 1561 Orange Avenue, Costa Mesa; and Mike Mallard, 2973 Harbor Boulevard, Costa Mesa; with the main areas of concern being deterioration of the neighborhood, adverse financial impact on property, the area being primarily residential, the detrimental effect on the parking situation, and no new evidence being presented. Mayor Erickson clarified for Ms. Davidson that Planning Action PA -95-23 was originally heard at a Planning Commission meeting and approved; it had been appealed to the City Council and denied; and the current rehearing had been granted by the Council. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Resolution 95-60 Member Genis, and carried 3-2, Council Members Hornbuckle and - Adopted, Denying Monahan voting no, 19 adopt Resolution 95-60, A RESOLUTION PA -95-23 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DENYING PLANNING ACTION PA -95-23, find- ing that no new evidence was presented, the location is inappropri- ate, and a conflict exists between the zoning and the use. Council Member Genis reported that she checked the area several times, and the parking on-site appeared to be full. She observed that this operation is a -business, not merely a living environment, and should not be located in a residential area. Council Member Hornbuckle felt that the apartment building is being used as such, as well as a sober -living environment and a recovery center. She considered' the use and the location appropriate, and pointed out that a Conditional Use Permit (CUP) would allow the City a means of control over the operation. Council Member Monahan noted that this operation is funded by the participants, and supported the CUP as a means for the City, rather than the State, to have control over recovery homes. He commented that the facility is clean and well-run. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Business Improve- set for the public hearing, continued from the meeting of June 19, ment Area 1995, for second reading and adoption of Ordinance 95-9, establishing a business improvement area for City hotels and motels. The Deputy City Clerk confirmed that no protests had been filed. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member- Hornbuckle, seconded by Council Ordinance 95-9 Member Genis, and citried 5-0, Ordinance 95-9, AN ORDINANCE Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO ESTABLISH A BUSINESS IMPROVEMENT AREA FOR CITY OF COSTA MESA HOTELS AND MOTELS, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of June 19, Metro Pointe Trip 1995, the trip fee rate to be assessed for the Metro Pointe project, Fee and City Attorney's Report No. 95-58. A communication was received from Rutan & Tucker, 611 Anton Boulevard, Costa Mesa, representing Arnel Development Company, advising that State of California law mandates fairness and consistency in order to have a valid traffic impact fee. Council Member Monahan announced that he would abstain from voting on this issue. The Transportation Services Manager reviewed the Agenda Report dated June 26, 1995. The City Attorney reported that a letter received from Leonard Hampel, Rutan & Tucker, requested documentation per Government Code Section 66024;' which supports the City's current trip fee program as it relates to the project, and he provided him with four pertinent resolutions and trip fee studies supporting the program. Leonard Hampel commented that the 1994 Development Agreement amendment with Arnel Development resulted in a better project with wide public acceptance, lower density, and $1.5 million in additional tax revenue for the City. At that time, he stated that the $228.00 trip fee was agreeable; however, since Council reduced the fee on May 1, 1995, Arnel is now requesting the lower $200.00 rate. He stated that trip generation calculations were an estimate computed at the time of the Development Agreement, based on 26,000 trips and an unblended rate. Mr. Hampel reported that the development is now unified and entitled to a trip fee based on the blended rate. John Jones, 665 Park Drive, Costa Mesa, felt that the $228.00 trip fee was negotiated by Arnel to secure the rate and prevent an increase, and thought that lowering that fee would cause a significant loss of revenue to the, City which should be considered. Heather Somers, 427,East 17th Street, Costa Mesa, President of the East Side Homeowners Association, asked when the building permit was issued to Arnel. The City Attorney responded that permits for the original buildings were issued some time ago, and this issue deals with permits that have not been issued but are covered by a Development Agreement. Ms. Somers received clarification that Arnel was guaranteed a $228.00 trip fee amount for future buildings. Nancy Palme, 1997 Kornat Drive, Costa Mesa, representing the Ad Hoc Transportation Study Group, expressed concern that a reduction in trip fees would hamper efforts to remove the proposed Gisler Avenue and 19th Street bridges from the County's Master Plan of Arterial Highways. The Transportation Services Manager did not believe that the reduced fee would affect the bridge situation. Motion to Develop A motion was made by Mayor Pro Tem Buffa, seconded by Council Agreement Died for Member Hornbuckle, directing staff to negotiate the trip fee, blended Lack of a Second use, the concept of traffic generation methodology, an agreement which is mutually acceptable, and to bring back the results to 11 Council for approval within 30 days. After discussion, Council Member Hornbuckle withdrew her second. Council Member Genis stated that she would support a continuance to examine issues raised by Mr. Hampel at the meeting of June 19, 1995. She commented that it may be prudent to readjust the trip fee to $228.00 for everyone because the City may not be able to provide improvements at the lower rate. A motion was made by Mayor Pro Tem Buffa, seconded by Council MOTION Member Hornbuckle,;, and carried 4-0, Council Member Monahan Staff Directed absent, directing staff to compile revised traffic numbers for the to Compile Revised meeting of August 21, 1995, based on a blended use model, and to Traffic Numbers; examine Metro Pointe as it pertains to the latest, most refined traffic Continued to model for the north end of Costa Mesa. August 21, 1995 Discussion ensued "regarding the difference in trip fee amounts and the funding of projects. Council Member Genis requested informa- tion on this subject from the City Attorney. The Mayor declared ,a recess at 9:05 p.m., and reconvened the RECESS meeting at 9:15 p.m. The Deputy City Clerk presented from the meeting of June 19, OLD BUSINESS 1995, second reading and adoption of Ordinance 95-7, limiting the Advertising Balloons size and height of inflatables (advertising balloons). MOTION On motion by Council Member Hornbuckle, seconded by Council Ordinance 95-7 Member Monahan, and carried 3-2, Council Members Buffa and Adopted Genis voting no, Ordinance 95-7, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 1 OF CHAPTER VI OF TITLE 5 OF THE COSTA MESA MUNICIPAL CODE TO LIMIT THE SIZE AND HEIGHT OF INFLATABLES (ADVERTISING BALLOONS), was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented a status report on the Blue Marble Blue Marble .Coffee Coffee Roaster, 1378 Logan Avenue, No. G, Costa Mesa. The Roaster Planning Manager summarized the Agenda Report of June 28, 1995. Council Member Genis expressed her disappointment with the letter written by the owner of the Blue Marble, published in the Daily Pilot, which reflected his lack of willingness to cooperate and a contempt for residents in the area. MOTION/Received On motion by Council Member Hornbuckle, seconded by Mayor Pro and Filed Report Tem Buffa, and carried 5-0, the report was received and filed. NEW BUSINESS The Deputy City Clerk presented a request from Costa Mesa High "Mesa 5000 5K School, for closure of South Coast Drive, Hyland, Sunflower, Run/Walk" Cadillac; and Scenic Avenues, and Harbor Gateway South, Novem- ber 12, 1995, for the "Mesa 5000 5K Run/Walk". The Assistant to the City Manager reviewed the Agenda Report dated June 20, 1995. MOTION/Street On motion by Mayor Pro Tem Buffa, seconded by Council Member Closures Approved Hornbuckle, and carried 5-0, the street closures were approved. NEW BUSINESS The Deputy City Clerk presented a request from United Way to 1995 United Way install 40 banners in the South Coast Plaza area from September 1 Campaign Banners through 27, 1995; and 23 banners in the Triangle Square area from September 1 through October 16, 1995, to promote the 1995 campaign. The Assistant to the City Manager summarized the Agenda Report dated June 23, 1995. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Request Approved Monahan, and carried, 4-1, Council Member Genis voting no, the request was approved.; Council Member Genis did not support the motion although she supports the United Way organization. She felt that the Banner Policy should be followed, and could not justify the additional days. CITY ATTORNEY'S The Deputy City Clerk presented a Voluntary Compliance Agree- REPORT/Police and ment for disabled access at the Costa Mesa Police Station and Rea Rea Center Disabled Community Center. The City Attorney reviewed his report of June Access 282 1995, noting that he had relayed to the Housing and Urban Development (HUD) representative that this agreement held the City responsible for access improvements on a building that is owned by the Newport -Mesa Unified School District. He added that the HUD representative indicated that unless the agreement is executed, HUD would recommend that the City's Community Development Block Grant (CDBG) funds be denied for this fiscal year. Motion to Continue A motion was made by Council Member Genis to continue this item. Died for Lack of a The City Attorney stated that he had been informed by HUD that the Second executed agreement must be submitted by Thursday, July 6, 1995, or the recommendation to terminate the City's CDBG funds would be initiated. The motion died for lack of a second. The City Manager suggested that any agreement on this subject should also be signed by the Newport -Mesa Unified School District as owner of the property. Motion to Approve A motion was made by Council Member Hornbuckle to approve the Died for Lack of a Voluntary Compliance Agreement, to set aside funding, and to Second obtain the signature 'of an official from Newport -Mesa Unified School District. The motion died for lack of a second. The City Attorney stated that it was imperative to either accept the agreement as is, accelt it as modified, add new terms, or reject the entire document. Mayor Erickson suggested rejecting the document and sending a letter to the congressman for this district. Motion to Approve A motion was made by Council Member Hornbuckle to approve the Died for Lack of a Voluntary Compliance Agreement, to set aside funding, to obtain the Second signature of an official from Newport -Mesa Unified School District, and to contact the district's congressman concerning this problem. The motion died for lack of a second. MOTION A motion was made by Council Member Genis, seconded by Mayor Continued to Pro Tem Buffa, and carried 5-0, to continue this item to the meeting July 17, 1995 of July 17, 1995, and. in the interim, contact the congressman for Costa Mesa's district; as well as the former congressman in the adjacent district, to continue negotiations with HUD,'and to try to obtain the signature of the property owner, or at least advise HUD that we cannot proceed without permission from the property owner. CITY ATTORNEY'S The City Attorney ; requested a closed session pursuant to REPORT/Request Government Code Section 54956.9(a) to discuss the following: for Closed Session: defense for Police Department personnel in Willis Carto, et al. v. Carto, et al. v. City; City of Costa Mesa, et al., Orange County Superior Court Case No. and City v. Lin, et al. 745594; and request that Council ratify filing of a public nuisance 1 abatement complaint in City of Costa Mesa v. Lin, et al., Orange County Superior Court Case No. 749159. Mayor Pro Tem Buffa proposed discussing these items in open session. MOTION Regarding defense for Police Department personnel in Willis Carto, Request for Defense et al. v. City of Costa Mesa, et al., Orange County Superior Court Granted in Carto, et Case No. 745594, a motion was made by Mayor Pro Tem Buffa, al. v. City seconded by Council Member Hornbuckle, and carried 5-0, granting the request for the preliminary stage of the trial. MOTION Regarding a request that Council ratify filing of a public nuisance Ratified Filing abatement complaint in City of Costa Mesa v. Lin, et al., Orange Complaint in City County Superior Court Case No. 749159, a motion was made by v. Lin, et al. Mayor Pro Tem Buffa, seconded by Council Member Monahan, and carried 5-0, to ratify filing of the complaint. COUNCIL Council Member Genis addressed the increase in San Joaquin Hills COMMENTS/San Transportation Corridor fees, stating that no protests had been filed Joaquin Hills Corridor even though some of the fees were unusual. She stated that she had Fees; Orange County written a letter to Paul Brady regarding the Orange County Invest - Pool ment Pool, explaining that she had been distressed to learn that our attorneys had protested the rollover, even though they had not meant to prevent this action. She hoped that cities could work together to either forego payments for a stated period of time or open serious negotiations for needed improvements. ADJOURNMENT The Mayor declared the meeting adjourned at 9:50 p.m. MaN of the City of Costa Mesa ATTEST: Dep�Citylerof the City of Costa Mesa