Loading...
HomeMy WebLinkAbout09/15/1997 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 15, 1997 The City Council of the City of Costa Mesa, California, met in regular session September 15, 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 a Flag Ceremony presented by the Costa Mesa Fire Department Color Guard and Fire Explorers. The Pledge of Allegiance to the Flag was led by Boy Scout Troop Triple 6 from St. John the Baptist Church. The invocation was given by Pastor Tony Vaccaro, Calvary Church Newport -Mesa. ROLL CALL Council Members Present: Mayor Peter Buffa Mayor Pro Tem Gary Monahan Council Member Joe Erickson Council Member Libby Cowan Council Member Heather Somers 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 Community Services Director Keith Van Holt Battalion Chief Jim Ellis Management Analyst Irma Hernandez Associate Planner Carol Proctor Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council August 11 and Member Cowan, and carried 5-0, the minutes of the special September 2, 1997 joint City Council/Redevelopment Agency meeting of August 11, 1997, and the minutes of the regular City Council meeting of September 2, 1997, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded RESOLUTIONS by Council Member Somers, and carried 5-0, to read all ordinances and resolutions by title only. Boy Scout Troop Mayor Buffa thanked Boy Scout Troop Triple 6 from St. John Triple 6 the Baptist Church and their Troop Leader Bob Dressler for leading the Pledge of Allegiance to the Flag. Color Guard and Mayor Buffa introduced the Costa Mesa Fire Department Fire Explorers Color Guard and Fire Explorers: Battalion Chief Jim Ellis, Introduction Battalion Chief Keith Fujimoto, Captain Jack Schuitt, Fire Fighter Bruce Pulgencio, volunteer trumpeter Fred McDowell, Fire Explorer Captain Matthew Seybert, and Fire Explorers Sean Kennedy, Chad Kaa, and Aaron Clousing. PROCLAMATIONS Mayor Buffa read a proclamation that recognizes the month of Escrow Month October as "Escrow Month" and presented it to Dee Anna Anderson, Director, Orange County Escrow Association. National Marathon Mayor Buffa read a proclamation declaring the week of Walk Across October 5 through 12, 1997, as "National Marathon Walk America Week Across America", in honor of the United States Army Special Forces. He presented the proclamation to Ted Encinas, President, Southern California Chapter of the Army Special Forces Association. Mr. Encinas accepted the proclamation and invited Council to participate in the Walk. POW/MIA Mayor Buffa read a proclamation declaring September 15 Recognition Week through 21, 1997, as "POW/MIA Recognition Week". Mayor Buffa presented the proclamation to Bob Kakuk, a member of Veterans of Foreign Wars (VFW), Post 3536, 567 West 18th Street, Costa Mesa. Mr. Kakuk urged the citizens of Costa Mesa to fly the POW flag along with the American flag on September 19, 1997, in recognition of those servicemen still missing. He invited Council to attend a ceremony on Friday, September 19, 1997, 4:00 p.m., at Huntington Beach City Hall, 2000 Main Street, when a "Freedom Tree" will be dedicated. Harold "Bud" Hohl, 145 Cecil Place, Costa Mesa, Commander, VFW Post 3536, Costa Mesa, stated they take pride in having served the community since 1940 and do whatever is necessary to remember those who have served I Country. Harold "Bud" Hohl Mayor Buffa read a proclamation declaring September 15, Day 4997, as Harold "Bud" Hohl Day in the City of Costa Mesa, in recognition for his work and dedication in serving the veterans of the community. I Rose Anderson presented Mr. Hohl with a resolution on behalf of State Assembly Member Marilyn Brewer and State Senator Ross Johnson which acknowledges the many contributions that Mr. Hohl has made over the years. Mayor Buffa read a proclamation from the Orange County board of Supervisors, Office of Supervisor Jim Silva, 2nd District, recognizing Mr. Hohl for his service to Costa Mesa and Orange County. Mayor Buffa read a letter from Governor Pete Wilson which expresses appreciation to Mr. Hohl-for outstanding service in the City of Costa Mesa. Mr. Hohl thanked the Mayor for the proclamations and stated that it has been an honor to work with the residents of Costa Mesa. ORAL COMMUNI- Dorothy Adams, 220 Amherst Road, Costa Mesa, owner of CATIONS/South rental property at 412 Ford Road, informed Council that Code Coast Toyota Enforcement personnel conducted a noise test last Saturday Complaints at South Coast Toyota/Volvo, 1966 Harbor Boulevard, and it was determined that the public address system exceeded the 50 -decibel maximum noise level at 9:00 in the morning. 1 1 1 1.93 She asked that City Council and/or the Planning Department come up with a solution to put an end to this intolerable situation. Ernest Bohrk, 1520 Dorothy Lane, Newport Beach, owner of rental property at 1975 Parsons Street (directly behind South Coast Toyota/Volvo), felt that the Special Events Permit which enables the dealership to hold their car auctions every other weekend contradicts the conditions of approval contained in Planning Action PA -96-46 which states that no public address systems are to be heard outside the buildings". The Deputy City Manager stated that Code Enforcement officers conducted noise readings last Saturday at the dealership which exceed the City's noise ordinance by approximately three_;!decibels; therefore, a Notice of Violation was issued. He added that on Sunday, another noise reading was taken, and it had dropped slightly below the maximum level. He advised Council that he will work with staff further, and if necessary, the City may cancel the Special Events Permit, or request the dealership to discontinue the weekend auctions. Responding to a question from Council Member Somers, the Deputy City Manager explained that there is no Citywide noise regulation that prohibits outdoor public address systems; however, the Planning Commission does impose conditions for public address systems on new car dealerships located near residential areas. . He stated that if there are still violations of the conditional use permit after construction has been completed, staff will either issue citations or go back before the Planning Commission. Harbor Boulevard Greg Brown, 2501 Christopher Lane, Costa Mesa, submitted and Wilson Street a letter to the Mayor thanking him for having the curb cuts Traffic Signal painted at Nutmeg Place and Harbor Boulevard, and asked for an update on the traffic signals at the intersection of Harbor Boulevard and Wilson Street. He also requested a copy of the Council meeting dates for 1998. Mayor Buffa asked staff to forward to Mr. Brown a list of dates for the Council meetings. The Public Services Director informed Mr. Brown that staff is in the process of making the timing adjustments for the traffic signals at Harbor Boulevard and Wilson Street. Construction Work Charlene Kass, 188 The Masters Circle, Costa Mesa, advised being Conducted Council that J. Ray Construction Company, is conducting without Permits demolition work at 1262 Bristol Street (located at the rear of the Acapulco Restaurant) without the required City permits. She reported that they are utilizing the fire hydrants for water on The Master Circle when ' they should be using the fire hydrants that service their development on Bristol Street. Mayor Buffa suggested that she contact the Deputy City Manager to discuss this situation further. Relocation of Bob Carrico, 2700 Peterson Place, Costa Mesa, asked if the Food Distributor City is making any progress in finding a location for a Santa Ana based ministry who provide food for the homeless. The Community Services Director replied that staff has not been 194 19th Street Extension ANNOUNCEMENT CONSENT CALENDAR MOTION/Approved READING FOLDER able to find a new location; however, there is a possibility that the County of Orange will be able to provide a site on Red Hill Avenue. Robert Graham, 3260 Dakota Avenue, Costa Mesa, explained the advantages for the west side of Costa Mesa if 19111 Street were extended to Huntington Beach. Mayor Buffa recognized former Mayor Pro Tem Jay Humphrey who was in attendance. I On motion by Council Member Erickson, seconded by Council Member Somers, and carried 5-0, all Consent Calendar items were approved as recommended. The following Reading Folder items were received and processed: Claims % Claims received by the Deputy City Clerk: Shelley Buker; Jeffrey Jones; Iwao and Frances Koga; Matthew Scott Malmberg; Peyman Mottahedeh; and Terry Wayne White. Alcoholic Beverage 1 Request from Takeshi and Yumiko Kawamoto, La Lune Control (ABC) ! Restaurant (formerly Alabaster), 320 Bristol Street, Suite License D, for a person-to-person transfer of a Type 47 Alcoholic Beverage Control (ABC) license (on -sale general for a bona fide eating place). WARRANTS Warrant Resolution 1658, funding City operating expenses in Approved Warrant the amount of $853,135.06; and Payroll 9717 for 1658/ Payroll 9717 $1,427,832.78, were approved. ADMINISTRATIVE Bids received for Bid Item No. 1011, Purchase and ACTIONS/Awarded In of a Cable TV System, are on file in the City Cable TV System, Clerk's office. The contract was awarded to Steadi Bid Item No. 1011, Systems, 18001 Skypark Circle, Suite H, Irvine, for to Steadi Systems $37,265.00. Awarded Tot Lot Bids received for Removal of Handicap Barriers and Equipment Install- Installation of Tot Lot Equipment at Canyon, Marina View, ation at City Parks, Mesa Verde, Tanager, TeWinkle and Vista Parks, are on file in to Parker the City Clerk's office. The contract was awarded to Parker Engineering; and Engineering, 10059 Whipporwill Avenue, Fountain Valley, for Approved Budget $248,308.33; and Budget Adjustment No. 98-12 for Adjustment 98-12 $27,450.00, to provide additional funding for the project, was approved. Approved Refund Approval was given to refund a cash deposit of $14,400.00 to Bay Apartment to Bay Apartment Communities Reconstruction, 4340 Stevens Communities. for Creek Boulevard, San Jose, for completion of street EP -14294 improvements at 1747 Santa Ana Avenue, in conjunction with Encroachment Permit No. 14294. �I Approved Refund Approval was given to refund a cash deposit of $10,000.00 to Harmington to Harmington Homes, Inc., 130 Greenmoor, Irvine, for Homes for completion of street improvements at 2165 Tustin Avenue, in EP -14291 conjunction with Encroachment Permit No. 14291. 1 1 195 Exonerated Bonds Approval was given to .exonerate bonds for Westport Group, for Westport Inc., 1936 Deere Avenue, Suite 203, Santa Ana, for Group for EP- completion of street improvements at 2545 Santa Ana 14198 Avenue, in conjunction with Encroachment Permit No. 14198, Awarded Pavement Bids received for - Pavement of Alley No. 106 (from of Alley No. 106, Westminster Avenue to Santa Ana Avenue between Esther Project No. 97-12, Street and 201h Street), Project No. 97-12, are on file in the to Pacific Hydro- City Clerk's office. The contract was awarded to Pacific tech Hydrotech Corporation, 27200 Highway 74, Perris, for $48,905.00. Awarded Bristol Bids received for Bristol Street Widening, approximately 200 Street Widening, feet South of Bear Street, Project No. 97-14, Federal (HES) Project No. 97-14, No. STPLH-5312(018), are on file in the City Clerk's office. to All American The contract was :awarded to All American Asphalt, 1776 All Asphalt American Way, Corona, for $106,362.35. Approved Permit Notice of Intention to Appeal or Solicit for Charitable Purpose for Girl Scout from Girl Scout Council of Orange County, 1620 Adams Council of Orange Avenue, Costa Mesa, by sale of calendars, nuts, and cookies County in residential and commercial areas from October 1, 1997, through April 30, 1998, was approved pursuant to Municipal Code Section 9-127(d). OLD BUSINESS The Deputy City Clerk presented a request for rehearing from Request for Re- Westar Nutrition Corporation,, 1239 Victoria Street, Costa hearing from Mesa, of the City Council's determination on August 18, Westar Nutrition 1997, that the manufacture of vitamins by Westar is not a permitted use in the MG (General Industrial) zone. A communication was received from Jack H. Rubens, Sheppard, Mullin, Richter & Hampton, 333 South Hope Street, 48" Floor, Los Angeles, attorney for Westar Nutrition, requesting a continuance to the meeting of October 20, 1997. A document was received from The Nicoll Law Firm, 600 West Santa Ana Boulevard, Suite 900, Santa Ana, opposing a rehearing for Westar; requesting clarification of the record; and including a memorandum of points and authorities in support of their opposition. MOTION A motion was made by Mayor Pro Tem Monahan, seconded Continued to by Council Member Erickson, to continue the request for October 20, 1997 rehearing to the meeting of October 20, 1997. At the request of Council Member Erickson, Mayor Pro Tem Monahan added to his motion that this would be Westar's last continuance granted by City Council. The motion carried 5-0. OLD BUSINESS The Deputy City Clerk presented from the meeting of August DARE Program 18, 1997, Drug Awareness 'Resistance Education (DARE) Review program review. MOTION/Referred A motion was made by Mayor Pro Tem Monahan, seconded to October 13, by Council Member Somers, and carried 5-0, to refer this 1997, Study item to the October 13, 1997, City Council Study Session Session. OLD BUSINESS Unimproved Alleys Citywide Question- naire Results MOTION/Approved Recommendations and Prioritization of Improvements OLD BUSINESS C.E.R.T. Program MOTION/Approved Program NEW BUSINESS Request from the Veterans of Foreign Wars, to Fly POW - MIA Flag The Deputy City Clerk presented the questionnaire results and revised (updated) recommendations for unimproved alleys Citywide. The Public Services Director reviewed the Agenda Report dated September 8, 1997. I The Public Services Director answered questions from Council on the proposed prioritization of alleys. I A motion was made by Mayor Pro Tem Monahan, seconded by Council Member Erickson, and carried 5-0, to accept and approve the updated recommendations and prioritization with the following change: to move Alley No. 72 (south of 19th Street) after Alley No. 54 (north of Ogle Street) because title to Alley No. 72 is being transferred to the property owner. The Deputy City Clerk presented a report on the Community Emergency Response Team (C.E.R.T.) Program. The Battalion Chief summarized the Agenda Report dated August 19, 1997. On motion by Council Member Somers, seconded by Council Member Erickson, and carried 5-0, the program was approved, including the alternatives listed in the Agenda R, eport. The Deputy City Clerk presented a request from Veterans of Foreign Wars, Post 3536, 567 West 18th Street, Costa Mesa, to fly the POW -MIA flag year-round in the City of Costa Mesa. The Management Analyst summarized the Agenda Report dated September 8, 1997. Bob Kakuk, 567 West 18th Street, Costa Mesa, representing VFW Post 3536, Costa Mesa, named the various cities in Orange County that fly the POW -MIA flag year-round and urged Council to approve the request. I Bob Shermock, Jr., Vice Commander for VFW 2"d District, invited Council to attend the POW -MIA ceremony on Saturday, September 20, 1997, at 10:00 a.m., City of Orange Council Chambers, 300 East Chapman Avenue, Orange. Greg Brown, 2501 Christopher Lane, Costa Mesa, asked aibout the meaning of the POW -MIA flag. Mayor Buffa explained the significance of the flag. Wayne Morse, 1139 EI Camino Drive, Costa Mesa, President of the Costa Mesa National Rifle Association Council, supported the request. MOTION/Approved On motion by Mayor Pro Tem Monahan, seconded by Council Request Member Somers, and carried 5-0, the request was approved. NEW BUSINESS The Deputy City Clerk presented Planning Application PA -97 - PA -97-01 A, Owen 01A, the Owen Group, 19700 Fairchild Road, Suite 200, Group/Southern Irvine, authorized agent for Southern California College, to California College retain an existing two-story building (114 East Wilson Street); to delete a seminar facility and administration office, and add one dorm/guest room (for a total of 41), plus a minor conditional use permit for reciprocal driveway access and a street and alley right-of-way abandonment located at 2374 1 1 1 Newport Boulevard, 1.1:5 Santa Isabel Avenue, and 114 East Wilson Street ' in C1 and' PDR -MD zones. Environmental Determination:. Exempt.- The Deputy City Manager and the Associate Planner reviewed the Agenda Report dated September 4,. 1997. - . Herb Smith, 55 Fair Drive, -Costa Mesa, representing Southern California College, thanked the Planning staff for their work on the project.. He stated that the College is not proposing to change the overall appearance .of the building, but only the internal uses. MOTION/Adopted A motion was made by . Council Member Erickson, seconded Resolution 97-82 by Council Member Somers, and . carried 5-0, to adopt Resolution 97-82, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTTA MESA, CALIFORNIA, APPROVING THE AMENDED CONDITIONAL USE PERMIT AND MASTER PLAN FOR SOUTHERN CALIFORNIA COLLEGE. NEW BUSINESS The Deputy City Clerk presented a request for a premise -to - Request for ABC premise transfer of a Type 20 (off -sale beer and wine) License Transfer Alcoholic Beverage Control License for the Wrapper, 3333 for The Wrapper Bristol Street, Suite 2065, Costa Mesa. The Deputy City Manager summarized the Agenda Report dated September 10, 1997. MOTION/Approved A motion was made by Council Member Cowan, seconded by Request and Council Member Erickson, -and carried 5-0, finding that the Directed Staff to premise -to -premise transfer of the license will serve public Initiate a Change convenience or necessity, and directing staff to initiate a in Council Policy change to Council Policy 500-8 so that Council approval will 500-8 not be required for these simple requests. NEW BUSINESS The Deputy City Clerk presented a resolution establishing a Designating an designation of geographical area in Costa Mesa as "South Area as South Coast Metro". The Public Services Director reviewed the Coast Metro Agenda Report dated September :.10, 1997. Mayor Buffa announced that letters of. support were, from South Coast Metro Alliance. George Sakioka, 611 Anton Boulevard-, Costa -Mesa, President of South Coast Metro Alliance.,, explai.rrred that adoption of this designation will greatly benefit this area. = - Robert Graham, 3260- Dakota _ Avenue, Costa Mesa, supported the resolution. MOTION A motion was made by Council Member Erickson, seconded Adopted Resolution by Council Member Somers, and. carried 5-0, adopting 97-83 Resolution 97-83, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A DESIGNATION OF GEOGRAPHICAL AREA IN COSTA MESA AS "SOUTH COAST METRO", the area bound by Sunflower Avenue (east of Harbor Boulevard) and MacArthur Boulevard (west of Harbor Boulevard) on the north; Main Street and State Route 55 on the east; Interstate 405 and State Route 73 on the south; and the Santa Ana River on the west; is hereby designated "South Coast Metro"; and directing staff to coordinate efforts with CALTRANS to install the appropriate signs with the preferred wording "South Coast COUNCIL COMMENTS Costa Mesa Fire Department Color Guard Mesa Pride Awards Birthday Wishes ADJOURNMENT Metro, Costa Mesa", with alternate wording of "South Coast Metro" if the preferred wording is not acceptable to CALTRANS. Council Member Somers thanked the Costa Mesa Fire Department Color Guard and Fire Explorers for their presentation and mentioned that our Color Guard is the first to be invited back for a second time in 16 years to attend the National Fire Academy's "Fallen Firefighters" Memorial Service in Emmitsburg, Maryland. Council Member Erickson thanked the volunteers of Mesa Pride for their efforts in renovating homes and cleaning up shopping centers and apartment complexes throughout the City. Mayor Buffa wished Mayor Pro Tem Monahan a Happy Birthday. The Mayor declared the meeting adjourned at 8:10 p.m. i Mayor of the City of t Mesa i ATTEST: Deputy Cit lerk of the City of Costa Mesa 1 1