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HomeMy WebLinkAbout02/18/1997 - City Council414 REGULAR MEETING OF THE CITY COUN%i CITY OF COSTA MESA February 18, 1997 The City Council of the City of Costa Mesa, California, met in regular session February 18, 1997, 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 the Reverend Doyle Henderson, Costa Mesa Nazarene Church. Council Members Present: Mayor Peter Buffa Mayor Pro -Tem Gary Mbnah.an - Council Member Joe Erickson Council Member Libby --Cowan _ Council Member Heather Somrsa1. Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Police Chief Dave Snowden Housing and Redevelopment Manager Muriel Ullman Budget and Research Officer Carol Jacobs Management Analyst Irma Hernandez Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council February 3, 1997 Member Cowan, and carried 5-0, the minutes of the regular meeting of February 3, 1997, were approved as distributed. ORDINANCES AND A motion was made, by Council Member Erickson, seconded RESOLUTIONS by Council Member, Somer§,, and carried 5-0, to read all ordinances and.; resolutions. -,by, -,title only. PRESENTATION The City Manager presented Police Chief Dave Snowden and Service Recognition Deputy City Manager/Development Services Don Lamm with service pins in recognition of each having served ten years with the City. Mayor Pro Tem Monahan made presentations to Council Member Erickson and Mayor Buffa in recognition of five and ten years of service, respectively. ORAL COMMUNI- Jennifer Stockland, owner of Costa Mesa Florist, 117 CATIONS Broadway, Costa Mesa, stated that her shop is adjacent to Flower Sales Triangle Square (corner of Harbor and New Boulevards), Competition and complained that during Valentine's Day week, an out-of- town flower vendor had been -permitted to erect a temporary tent on Newport Boulevard, approximately two blocks from her place of business. She understood that this intrusion is covered by an ordinance which also allows pumpkin sales I- I Christmas tree sales on the same site, and suggested that the ordinance be modified to protect local florists from similar occurrences. Ms. Stockland commented that her Valentine's Day walk-in business was down 75 percent from the previous year. Brian Harris, 1912 Tustin. Avenue, Costa Mesa, owner of Frank's Flowers, reported that Valentine's Day week contributes 10 to 12 percent of his annual gross sales. He felt that it was unfair to allow a temporary vendor to undercut the prices of. himself and other Costa Mesa flower sellers. Mayor Buffa responded that the subject ordinance has been in existence for at least two years, and welcomed suggestions for improvement. Fair Drive/Harbor Greg Brown, 2501 Christopher Lane, Costa Mesa, submitted a Boulevard Stoplight letter to the Mayor which indicated his concern regarding the and Curb Cut Fair Drive/Harbor Boulevard stoplight which is not functioning Problems correctly. He also observed a problem with curb cuts at the same intersection. Mayor Buffa asked staff to forward to Mr. Brown a copy of the. Council meeting dates, along with the present status of the Fair Drive/Harbor Boulevard intersection. Cirque du Soleil Tom Murphine, 248 Princeton Drive, Costa Mesa, asked to Complaints hear a report from Council Members Cowan and Erickson, who met with Fairgrounds and Cirque du Soliel representatives to discuss the loud noise generated by the Cirque. He commented that regardless of the steps which have been taken to alleviate the noise, the problem still exists. The City Manager reported that the Cirque is conducting additional sound tests and performing modifications. Council Member Cowan reported that during the meeting, the City had communicated that the noise issues need to be addressed. She indicated that a sound consultant is being engaged on Thursday, February 20, 1997. Council Member Erickson emphasized that there is a moral obligation between good neighbors not to adversely affect the other. Don McGee, 212 Wellesley Lane, Costa Mesa, who lives close to the Cirque location, indicated that the noise is intolerable. He felt that there was a lack of attention to the matter. Esther Street Alley Jeff Hutto'..- 282 Esther Street, Costa Mesa, stated that he Paving was in, possessiorn:-.of- a questionnaire relating to the City's unpaved alleys wherein he felt that the options were not pertinent. He encouraged Council to ignore the statistics of the questionnaire and to pay attention to the residents comments and suggestions. He supported expediting the paving of his alley. CONSENT The following item was removed from the Consent Calendar: CALENDAR Item No. 4, 1-405/State Route 73 confluence funding agreement with OCTA, and Budget Adjustment No. 97737 for $5,600,000.00. MOTION/Approved On motion by Council Member Erickson, seconded by Council Except Item 4 Member Cowan, and carried 5-0, the remaining Consent Calendar items were approved as recommended. 415 WRITTEN COMMU- Resolution 97-14, A RESOLUTION OF THE CITY COUNCIL OF NICATIONS/ THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING Adopted Resolution RECORDS DESTRUCTION FOR THE FINANCE DEPARTMENT 97-14, Authorizing OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE Records Destruction N0. 75-60, was adopted. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Richard Matthew Bagdonas; Brett Creger; Linda Feffer; and Mercury Insurance Company as subrogee for George F. Pyle. WARRANTS Warrant Resolution 1643, funding City operating expenses in Approved Warrant the amount of $862,367.98; and Payroll 9702 for 1643/Payroll 9702 $1,408,452.11, were approved. ADMINISTRATIVE An agreement was approved with Ninyo & Moore, Inc., 9272 ACTIONS/Approved Jeronimo Road, Suite 123A, Irvine, in an amount not to Agreement with exceed $14,300.00, for geotechnical services for the 1996- Ninyo & Moore for 1997 Street Maintenance Program, and the Mayor and Deputy Services City Clerk were authorized to sign on behalf of the City. Approved Agree- An agreement was approved with ACT Consulting Engineers, ment with ACT Con- Inc., 5 Corporate Park, Suite 268, Irvine, in an amount not to sulting for Citywide exceed $60,729.00, for consulting services for the Citywide Sidewalks Study Missing Sidewalks Study, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. 1-405/State Route Item 4 on the Consent Calendar was presented: 1-405/State 73 Confluence Route 73 confluence funding agreement between the City of Costa Mesa and the Orange County Transportation Authority (OCTA); and Budget Adjustment No. 97-37 for $5,600,000.00, to recognize a grant from the Transportation Corridor Agency. Mayor Buffa noted his intention to abstain from voting on this item, and asked Mayor Pro Tem Monahan MOTION/Approved to call for the vote. On motion by Council Member Erickson, OCTA Agreement; seconded by Council Member Cowan, and carried 4-0, Mayor Approved Adjust- Buffa abstaining, the funding agreement was approved and ment the Public Services Director was authorized to sign on behalf of the City; and the Budget Adjustment 97-37 was approved. PUBLIC HEARING The Deputy City Clerk, --announced that this was the time and Appeal of Entertain- place set for the public hearing to consider an application from ment Permit Denial Elizabeth Helguero, 1638 South Standard Avenue, Santa Ana, for Newport Station, appealing the City Manager's denial of an entertainment Helguero permit for Newport Station, 1945 Placentia Avenue. The Affidavit of Publication is on file in the City Clerk's office. A communication was received from the appellant requesting withdrawal of the application because of insufficient time to prepare: The City Attorney explained that the letter appeared to be a request for continuance but clarified that the appellant had received notice of the public hearing, a copy of the City Manager's decision, and a copy of the:. Agenda Report dated February 12, 1997. MOTION On motion by Council Member Cowan, seconded by Council Continued to Member Somers, and carried 5-0, the public hearing was March 3, 1997 continued to the meeting of March 3, 1997. F� .I L 1 t � ` PUBLIC HEARING The Deputy City Clerk announced that this was the time and CUP Requirements place set for the public hearing to consider an ordinance for Liquor and Con- amending Sections 13-198, 13-209, 13-228, 13-251, and venience Stores and adding Section 13-274.1 to the Costa Mesa Municipal Code Mini -Markets to require conditional use permits for liquor stores, convenience -stores, and mini -markets in commercial, planned development residential, and planned development commercial zoning districts. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's office. A communication was received from Sid Soffer, 3890 Cambridge Street, No. 305, Las Vegas, Nevada, opposing the ordinance. The Deputy City Manager reviewed the Agenda Report dated February 3, 1997, noting that some owners of convenience markets are not being responsible operators and there is loitering, consumption of alcohol in the parking lot, associated crime, and calls for police service. He pointed out that this is a land use issue and employing a conditional use permit would allow regulation. Mayor Pro Tem Monahan suggested that a committee be formed consisting of staff, the Police Department, members of the industry, and the public, to determine actual problems and their solutions. The Deputy City Manager replied that requiring a conditional use permit does not necessarily indicate that there are problems. Council Member Somers supported the ordinance stating that this issue has been a concern for a long time. She felt that the 300 premises within the City that sell alcoholic beverages is quite sufficient. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, recommended that conditional use permits be required for all establishments that sell alcoholic beverages, including those currently in existence. He stated that alcohol-related problems do exist on , the west side of Costa "Mesa. He proposed forming an ad hoc committee to review the creation of fair and measurable conditional use permits. The City Attorney reported that applying a conditional use permit to an existing business would require a number of public hearings and specific findings. Greg Brown, 2501 Christopher Lane, Costa Mesa, asked how much money the City received from the sale of alcoholic beverages. He opposed any additional liquor stores being established within'the-*,City. Zelenne Cardenas, representing Communities in Prevention Central, funded- by the Orange County Health Care Agency to provide technical assistance on alcohol, tobacco, and drug issues, commended Council for taking a proactive stance on the density of establishments selling alcoholic beverages within the City. She felt that the new ordinance would address future issues by creating a fair and equitable system of management in order to avoid legal problems and the arbitrary application of the renewal process. She listed the following issues to be addressed by a conditional use permit: density regulation; time/space regulations which would prohibit alcohol outlets from being located near schools and churches; and preventive architecture. She offered assistance in drafting the ordinance. 41- Ernie Feeney, 1154 Dorset Lane, Costa Mesa, asked for a breakdown of establishments serving alcoholic beverages. Mayor Pro Tem Monahan provided the breakdown as follows: 307 total licenses Citywide compared to 326 in 1989, 23 are duplicate licenses (for example, a restaurant with a catering .,license); 95 are off -sale beer and wine (liquor stores, grocery stores, etc.) and of the 95, approximately 50 are classified as mini-markets/liquor stores; 97 are bona fide eating places _ which serve beer and wine only; 56 are bona fide eating places which serve other liquor as well as beer and wine; 18 bar licenses; and 5 beer and wine only bars. There being no other speakers,. the Mayor closed the public hearing. MOTION A; motion was made by Council Member Erickson, seconded Ordinance 97-4 by Council Member Cowan, to give first reading to Ordinance Given First Reading 97-4, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 13- 198, 13-209, 13-228,13-251, AND ADDING SECTION 13- 274.1 TO THE COSTA MESA MUNICIPAL CODE TO REQUIRE CONDITIONAL USE PERMITS FOR LIQUOR STORES, CONVENIENCE STORES, AND MINI -MARKETS IN COMMERCIAL, PLANNED DEVELOPMENT RESIDENTIAL, AND PLANNED DEVELOPMENT COMMERCIAL ZONING DISTRICTS. Council Member Erickson commented that the ordinance affects new licenses for liquor stores, convenience stores, and mini -markets, and gives the City more control over these establishments. He opposed applying rules to only one area in the City, and stated that a conditional use permit allows reputable proprietors to operate profitably yet gives the City the control to protect the health and safety of the citizens. Mayor Buffa opposed the motion because he felt that the problems involve only a handful of bars which the ordinance does not address. Council Member Somers supported the motion and the formation of a committee to address these problems in order to give the ordinance more strength. Mayor Pro Tem Monahan opposed the motion because he felt that it is too broad and does not address the specific problem areas. Mayor Pro Tem Monahan asked -if Council Member Erickson would include in -.the` motion some type of definition on that which constitutes a grocery store, mini -market, supermarket, etc. Council Member Erickson responded that he is open to including possible language. but could not guarantee that he would approve it. The motion carried 3-2, Council Members Buffa and Monahan voting no. J PUBLIC HEARING The Deputy City Clerk announced that this was the time and Community place set for the public hearing to consider an ordinance Improvements amending Chapter 111-1/2 of Title 11, of the Costa Mesa Municipal Code concerning community improvements, standards for vacant properties, and establishing abatement procedures. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The City Attorney reviewed the Agenda Report dated February 6, 1997. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Cowan, seconded by Council Ordinance 97-5 Member Somers, and carried 5-0, Ordinance 97-5, AN Given First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER 111-1 /2 OF TITLE 11 OF THE COSTA MESA MUNICIPAL CODE CONCERNING COMMUNITY IMPROVEMENTS, STANDARDS FOR VACANT PROPERTIES, AND ESTABLISHING ABATEMENT PROCE- DURES, was given first reading and passed to second reading. OLD BUSINESS The Deputy City Clerk presented from the meeting of January Contract with 20, 1997; renewal of the contract with Mike Linares, 2713 Linares for CDBG/ North Dayna Street, Santa Ana, to provide Community HOME Program Development Block Grant/HOME Program services. The City Services Manager summarized the Agenda Report dated February 17, 1997. The Housing and Redevelopment Manager responded to questions from Council. MOTION/Extended A motion was made by Council Member Cowan, seconded by Contract for 120 Council Member Erickson, and carried 5-0, to extend the Days current Linares contract for no more than 120 days. Council Member Cowan supported extending the contract in order to enable Council to make decisions as to future needs, and suggested that the new contract be based upon the actual usage year. OLD BUSINESS The Deputy City Clerk presented from the meeting of February User Fees 3, 1997, second reading and adoption of Ordinance 97-1, authorizing new user fees. The Budget and Research Officer reviewed the Agenda Report dated February 3, 1997, and responded to questions from Council. ; MOTION/Adopted On motion by Council Member Erickson, seconded by Council Ordinance 97-1 Member Somers, and carried 5-0, Ordinance 97-1, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 2-450 OF TITLE 2 OF THE COSTA MESA MUNICIPAL CODE TO AUTHORIZE NEW USER FEES, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of February Regulation of Food 3, 1997, second reading and adoption of Ordinance 97-2, and Food Handlers concerning permits and regulation of food and food handlers. The City Attorney reviewed the ordinance. MOTION/Adopted On motion by Council Member Cowan, seconded by Council Ordinance 97-2 Member Erickson, and carried 5-0, Ordinance 97-2, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER II OF TITLE 8 OF THE COSTA MESA MUNICIPAL CODE CONCERNING PERMITS AND REGULATION OF FOOD AND FOOD HANDLERS, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of February Vehicle Parking 3, 1997, second reading and adoption of Ordinance 97-3, District No. 2 eliminating Costa Mesa Vehicle Parking District No. 2. The City Attorney reviewed the ordinance. 4-x_9 MOTION/Adopted On motion by Council Member Erickson, seconded by Council Ordinance 97'3 Member Somers, and carried 5-0, Ordinance 97-3, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 10-285 AND REPEALING SECTIONS 10-305 AND 10-306 OF THE COSTA MESA MUNICIPAL CODE CONCERNING COSTA MESA VEHICLE PARKING DISTRICT NO. 2, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of February Newport Boulevard 3, 1997, a resolution establishing a reduced traffic impact fee Specific Plan Traffic for new developments in the Newport Boulevard Specific Plan Fee area. The Public Services Director summarized the Agenda Report dated February 7, 1997. He suggested clarifying the chart on incentives for reduction of the traffic impact fee, as follows: modify the explanation for nonresidential uses on Exhibit "A" of the resolution to read, "Applicable to any expansion of existing use or a change in use" in the first column under "Fee = $100.00/ADT"; and modify the explanation for residential uses to read, "Applicable to all new residential developments and. allowable expansions of existing residential uses". The Deputy City Manager proposed the following wording for residential developments: "Applicable for all new residential units". Council Member Somers expressed concern that the area might become inundated with fast-food, drive-thru-type restaurants. MOTION/Adopted A motion was made by Mayor Pro Tem Monahan, seconded Resolution 97-15 by Council Member Cowan, and carried 5-0, adopting Resolution 97-15, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO ESTABLISH A REDUCED TRAFFIC IMPACT FEE FOR,NEW DEVELOPMENTS WITHIN THE NEWPORT BOULEVARD SPECIFIC PLAN AREA IN THE CITY OF COSTA MESA, incorporating the- above- mentioned changes to the description of the nonresidential uses, $100.00/ADT fee, and to the description of the residential uses fee. OLD BUSINESS The Deputy City Clerk presented a request to appoint Local Law Advisory members to the Local Law Enforcement Block Grant Citizen Ad Hoc Committee Advisory Ad Hoc Committee. The Management Analyst summarized the Agenda Report dated February 11, 1997. MOTION - A motion was made by Council'Member Somers, seconded by Appointed Hyams Mayor Pro Tem Monahan, and carried 5-0, to appoint Michael T. Hyams as the local law enforcement agency representative to the committee. Mayor Pro Tem Monahan clarified that although an appointment from one person in each category is required, the appointment of more than one person is allowed. MOTION A motion was made by Council Member Somers, seconded by Appointed Von Der Mayor Buffa, and carried 5-0, to appoint Clyde Von Der Ahe Ahe a's the prosecutor's office representative to the committee. MOTION A motion was made by Council Member Somers, seconded by Appointed Robision Council Member Erickson, and carried 5-0, to appoint Craig E. and Bloomberg Robision as the court system representative, and Lynne Bloomberg as the school system representative. 1 y 421 Motion to Appoint A motion was made by Council Member Somers, seconded by Petros, Gardner, Council Member Erickson, to appoint Anthony Petros as the Feeney, Jobe, and nonprofit group representative, and Victoria Gardner, another Herring interested individual. Council Member Erickson asked the maker of the motion if she would consider appointing Ernie Feeney as a second member from the nonprofit group, and she concurred. Council Member Cowan asked that Ann Marie Jobe and Sherita J. Herring be appointed. Council Member Somers expressed her desire to keep the group small. Substitute Motion to Appoint Petros, A substitute motion was made by Mayor Pro Tem Monahan, Feeney, Wollerman, to appoint Anthony Petros, Ernie Feeney, Herb Wollerman, and Weichman Died Larry Weichman, and Stan Brown, as the remaining makeup of the committee. The motion died for lack of a second. SUBSTITUTE MOTION/Appointed A substitute motion was made by Mayor Buffa, seconded by Petros, Feeney, Council Member Cowan, and carried 5-0, to appoint Tony Gardner, Herring, Petros, Ernie Feeney, Victoria Gardner,' Sherita J. Herring, and and Jobe Ann Marie Jobe. NEW BUSINESS The Deputy City Clerk presented a request for a person -to - Request for ABC person transfer of a Type 20 Alcoholic Beverage License (off - License for Unocal sale beer and wine) from Unocal Station, 1900 Newport Boulevard. The Deputy City Manager reviewed the Agenda Report dated February 10, 1997, and responded to questions from Council. MOTION On motion by Council Member Cowan, seconded by Mayor Received and Filed Pro Tem Monahan, and carried 4-1, Council Member Somers voting no, the request was received and filed. NEW BUSINESS The Deputy City Clerk presented a request from Mayor Pro Review of Policy Tem Monahan for review of City Council Policy 500-8 500-8, Processing pertaining to. the processing of. applications for new and of New and Transfer transfer liquor licenses, and protest accusation letters by City Liquor Licenses Council. The Mayor Pro Tem summarized the Agenda Report dated February 13, 1997. MOTION A motion was made by Mayor Pro Tem Monahan, seconded Approved Revisions by Council Member Erickson, and carried 4-1, Council Member Somers voting no, approving revision of Council Policy 500-8 to reflect -that. the ABC transfers will be placed on the Reading Folder, with those requiring Council action to be placed on the agenda; and notices shall henceforth be forwarded to licensees apprising them of the proposed: hearing date. Council Member Erickson clarified that a Council Member or Planning Commissioner has seven days from receipt of -a-.- notice a;notice to request that it to be heard publicly. Council Member Somers opposed the motion based on her feeling that the public should be fully aware of how many licenses are being transferred and/or brought into the City. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Sections 54956.8 and 54956.9(b)(1) to for Closed Session: discuss the following: Give direction to the City Manager 782 Shalimar Drive; concerning foreclosure/acquisition of 782 Shalimar Drive; and and Carmen Brock threat of litigation by Carmen Brock. The Mayor announced _ 422 that closed session would be held at the close of regular business. CITY MANAGER'S The City Manager announced that a presentation with a REPORT question and answer period by Irvine Ranch Water District, Water Districts Santa Ana Heights Water District, and Mesa Consolidated Presentation Water District, will "be held at 7:30 p.m., Wednesday, February 19, 1997, at Monte Vista Alternative Education Center, 390 Monte Vista Avenue, Costa Mesa, ADJOURNMENT TO At 8:50 p.m., the Mayor adjourned the meeting to a closed CLOSED SESSION session in first floor Conference Room C to discuss the items previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 9:10 p.m., and the RECONVENED action taken during closed session was announced. MOTION/Gave Regarding foreclosure/acquisition of 782 Shalimar Drive, by a Directions in 872 vote of 5-0, Council gave direction to the City Manager on Shalimar Drive negotiation for acquisition. No Action in Brock Regarding the threat 'of litigation by Carmen Brock, no action was taken. ADJOURNMENT The Mayor declared the meeting adjourned at 9:15 p.m. Mayor of the . I . ATTEST: 4 1 Deputy Cit Clerk of the City of Costa Mesa