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HomeMy WebLinkAbout11/03/1997 - City Council226 ROLL CALL MINUTES October 20, 1997 ORDINANCES AND RESOLUTIONS NEIGHBORHOOD WATCH MEETING PRESENTATION Clean Your Files Day and Influenza Prevention Month Proclamations Action Committee of Teens REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 3, 1997 The City Council of the City of Costa Mesa, California, met in regular session November 3, 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 Somers, and invocation by Pastor William Hemenway, Christ Li theran Church. 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: Officials Present: None 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 Acting Finance Director Marc Davis Associate Planner Kim Brandt Deputy City Clerk Mary Elliott On motion by Council Member Erickson, seconded by Council Member Somers, and carried 5-0, the minutes of the regular meeting of October 20, 1997, were approved as distributed. A motion was made by Council Member Erickson, seconded by Council Member Somers, and carried 5-0, to read all ordinances and resolutions by title only. Mayor Pro Tem Monahan commended Maryann Marks, on Mayfair Lane, for hosting a Neighborhood Watch meeting on October 3, 1997. Mayor Buffa read a proclamation recognizing November 15, 1997, as "Clean Your Files Day", and presented it to Bill Culbertson, Chairman of the Environmental Committee of the Costa Mesa Chamber of Commerce. After reading the proclamation recognizing October 15 through November 15, 11997, as "Influenza Prevention Month", he presented it to Robyn Cherry, Chairman of the Influence Coalition of the American Lung Association of Orange County. i Council Member Cowan introduced members of the newly formed Action Committee of Teens (ACT) who were in attendance: Reuel Prather; Farshid Kazi; Regan Hanold; Meera Gupta; Jason Cabico; and Diana Morelli. 1 1 1 1 1 ORAL COMMUNI- Roy Andreen, 2769 Cibola Avenue, Costa Mesa, pointed out CATIONS a problem area on Harbor Boulevard, northbound in the right - Harbor Boulevard hand lane near Peterson Place/Mesa Verde Drive East, noting Road Condition that the street is in poor condition and should be repaired. The Public Services Director responded that there is a telephone vault located in the slow lane at that intersection, and staff is working with the utility company to properly complete the work. Fairview Park Robert Graham, 3260 Dakota Avenue, Costa Mesa, reported Master Plan that the Fairview Park Master Plan is in the approval process; however, he felt that the master plan without the appropriate funding is useless. He showed photographs of the rest room facilities at Fairview Park. Harbor Area Adult Cordula Dick-Muehlke, Executive Director, Harbor Area Adult Day Care Center Day Care Center, 661 West Hamilton Street, Costa Mesa, Presentation reported that their annual fundraising event was held on October 16, 1997, and the cities of Costa Mesa, Fountain Valley, and Huntington Beach, were honored for their participation. Since Costa Mesa did not have a representative at the event, she presented a plaque to the Mayor, and thanked Council for providing affordable space in the Rea Community Center, and allocating Community Development Block Grant (CDBG) funds. Dr. Dick-Muehlke presented Council with a packet which contained an illustration of their new day care center to be built at the corner of Bushard Street and Indianapolis Avenue in Huntington Beach. CONSENT On motion by Council Member Erickson, seconded by Council CALENDAR Member Cowan, and carried 5-0, all Consent Calendar items MOTION/Approved were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Aloha Motel; David Chey; and Thomas W. Sowden. Alcoholic Beverage Alcoholic Beverage Control (ABC) Licenses: Control (ABC) Licenses Request from Big J Express, 427 East 17th Street, Suite C, for a person-to-person transfer of a Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Request from Chubbs Malone, 462 East 171h Street, Suite C, for an original Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Public Utilities Notice that the Public Utilities Commission filed document Commission Nos. R.97-10-018 and 1.97-10-019, Order Instituting Investigation on the Commission's own motion to design and implement a program that provides for available telecommunications devices capable of servicing the needs of the deaf or hearing impaired in existing buildings, structures, facilities, and public accommodations. '227 228 WARRANTS Approved Warrant 1664/Payroll 9721; and Warrant 1665 ADMINISTRATIVE ACTIONS/Approved Budget Adjustment 98-20, Community Facilities District 1 Varrant Resolution 1664, funding City operating expenses or $601,725.40, and Payroll 9721 for $1,472,494.88, were approved; and Warrant Resolution 1665, funding City )perating expenses for $650,626.09, was approved. pproved Budget Adjustment No. 98-20, for $2,020,000.00, appropriate funds received from property owners within ommunity Facilities District No. 97-1 for the undergrounding f electrical facilities on Sunflower Avenue between Harbor Dulevard and Fairview Road. Awarded Bid Item Bids received for Bid Item No. 1013, Replacement of the 1013, Replacement Uninterrupted Power Supply (UPS) for the 9-1-1 Center, are of UPS for 9-1-1 on file in the City Clerk's office. The contract was awarded Center, to Noor to Noor Electrical, 711 West 17th Street, Unit J-4, Costa Electrical - Mesa, for $28,550.00. PUBLIC HEARING GP -97-02B, An Or- dinance and Council Policy 500-10 Re- garding Floor Area Ratio Deviations MOTION/Adopted Negative Declaration of Environmental Impact; Adopted Resolution 97-92 Gave Ordinance 97-32 First Reading Adopted Council Policy No. 500-10 he Deputy City Clerk announced that this was the time and lace set for the public hearing to consider General Plan ,mendment GP -97=02B, to modify Policy No. 255 of the general Plan, to allow limited deviations from certain floor rea ratio standards. Environmental Determination: Negative Declaration. Ordinance regarding floor area ratio standards. Environmental Determination: Negative Declaration. City Council Policy No. 500-10 regarding review procedures for floor area ratio standards. Environmental Determination: Exempt. 'he Affidavit of Publication is on file in the City Clerk's office. to communications were received. The Associate Planner ummarized the Agenda Report dated October 24, 1997. 'here being no speakers, the Mayor closed the public earing. n motion by Mayor Pro Tem Monahan, seconded by Council lember Somers, and carried 5-0, the following action was iken: The Negative Declaration of Environmental Impact was adopted, and Resolution 97-92, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -97-02B AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted; Ordinance 97-32, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 13-69 OF THE CITY OF COSTA MESA MUNICIPAL CODE REGARDING DEVIATIONS FROM FLOOR AREA RATIO STANDARDS, was given first reading; and Council Policy No. 500-10 was adopted, with modifications as contained in the Agenda Report dated October 24, 1997. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Bingo License Fees place set for the public hearing to consider a resolution establishing and adopting schedules of rates, fees, and charges, for services by the City of Costa Mesa (bingo license fee); and from the meeting of October 20, 1997, second reading and adoption of Ordinance 97-31, relating to bingo games for charity. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Acting Finance Director reviewed the Agenda Report dated October 22, 1997. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Council Member Somers, seconded by Council Ordinance 97-31 Member Erickson, and carried 5-0, Ordinance 97-31, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 9-302, 9-305, 9-306, AND 9-310 OF ARTICLE 21, CHAPTER II, TITLE 9 OF THE COSTA MESA MUNICIPAL CODE RELATING TO BINGO GAMES FOR CHARITY, was given second reading and adopted. MOTION/Adopted On motion by Mayor Pro Tem Monahan, seconded by Council Resolution 97-93 Member Erickson, and carried 5-0, Resolution 97-93 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES, AND CHARGES, FOR SERVICES BY THE CITY OF COSTA MESA. OLD BUSINESS From the meeting of October 20, 1997, second reading and Rezone Petition adoption of Ordinance 97-30, adopting Rezone Petition R -97- R-97-06, Borders 06, changing the zoning of eight adjoining parcels at 1884 Books and 1898 Newport Boulevard, and 145 East 19th Street, Buildings A -C, for Borders Books. The Deputy City Manager summarized the Agenda Report dated October 23, 1997. Motion to Adopt A motion was made by Council Member Erickson, seconded Ordinance 97-30 by Council Member Cowan, and carried 5-0, to give second Tabled reading and adopt Ordinance 97-30; however, Mayor Buffa tabled the motion to accommodate the following Costa Mesa residents who spoke in support of retaining the Mesa Theater on Newport Boulevard as an historical landmark: Tommy Dougherty, III, 1043 Center Street, Unit 135; resident at 642 Center Street; resident at 1961 Fullerton Avenue; Gus Duarte, 492 East 19th Street; resident at 1917 Church Street, Apartment 2; and Sarah Millian, Scott Street. Council Member Somers stated that the Mesa Theater is inadequate structurally which precludes retaining it in its present -_state. She suggested that the persons who expressed an interest in establishing a cultural center contact the personnel at Borders Books. Bob Carrico, 2700 Peterson Place, Costa Mesa, asked about the City's involvement in determining the acceptable uses for this site. Mayor Buffa replied that the City does not dictate the uses on private property, adding that a parcel of City property, a corner lot, was involved in the transaction. Greg Brown, 2501 Christopher Lane, Costa Mesa, stated that the Mesa Theater is not handicap accessible. 230 Brenda Godfrey, representing Borders Costa Mesa,; LLC, 410 17th Street, Suite 1705, Denver, Colorado, understood the desire to save the Mesa Theater and had investigated the possibility when the project was originated; however; it was determined that the building is not salvageable. She I xplained that there is an incredible amount of asbestos in the structure which will need to be abated before demolition. Ms. Godfrey stated that Borders Books will be asking local artists to paint a mural in the store's expresso bar which will portray the cultural significance of the history of Costa Mesa. layor Buffa reported that the Mesa Theater is not as istorically important as the Port Theater in Newport Beach &ch was built in the late 1920's. He observed that the tructure would have to be rebuilt to be usable. Council nember Somers suggested saving the Mesa Theater sign and arious other articles for the Costa Mesa Historical Society. :ouncil Member Erickson stated that the subject property is rivate, owned by two family trusts, and those interested in aving the theater should speak with the owners, not the :ity. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Ordinance 97-30 Member Cowan, and carried 5-0, Ordinance 97-30, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REZONE PETITION R-97-06 CHANGING THE ZONING OF EIGHT ADJOINING PARCELS AT 1884 AND 1898 NEWPORT BOULEVARD AND 145 EAST 19TH STREET, BUILDINGS A -C, FROM C1, C2, AND P TO PLANNED DEVELOPMENT COMMERCIAL (PDC), was given second, reading and adopted. OLD BUSINESS The Deputy City Clerk presented, from the meeting of Business Permit October 20, 1997, Notice of Intention to Appeal or Solicit for for Teen Challenge Charitable Purpose from Teen Challenge of Southern California, 5445 Chicago Avenue, Riverside, by soliciting funds both door-to-door and in front of stores from October 7, 1997, to October 7, 1998. The Deputy City Manager reviewed the Agenda Report dated October 27, 1997. lartin Paul, Fund Raising coordinator for Teen Challenge, xplained that the group solicits in front of stores to raise coney for the program. He reported that Teen Challenge _[s a early residential program for young adults, 18 years and [der, to assist them to become drug free, with a 70 to 86 ercent rate of cure. He indicated that the program is free to articipants. Mr. Paul enumerated the group's programs, tating that they are very involved with school and the ommunity. He responded to questions from Council. MOTION On motion by Council Member Somers, seconded by Council Approved Permit Member Erickson, and carried 4-1, Mayor Buffa voting no, the request was approved, pursuant to Municipal Code Section 9-127(d), with the following stipulations: solicitation I hall occur only in front of stores; each solicitor shall possess an identification card and shall contact Code Enforcement at Feast 24 hours prior to soliciting in residential neighborhoods; applicant shall give the exact location of the . proposed 231 solicitation and the number of persons involved; and solicitation shall terminate at dark or 8:00 p.m., whichever comes first. OLD BUSINESS The Deputy City Clerk presented a request from Mayor Buffa Request from Sani- for City Council direction on a request from the Costa Mesa tary District for Sanitary District to hold a joint meeting on Commercial Refuse Joint Meeting Franchise options. Mayor Buffa reviewed his request as contained in the Agenda Report dated October 30, 1997. Jim Ferryman, 1095 Tulare Drive, Costa Mesa, President of the Costa Mesa Sanitary District, reported that 30 cities in the County choose to franchise, Costa Mesa being the only city which does not. He suggested that the Public Services Director contact the City of Newport Beach to discuss their multiple franchise system. Madeline Arakalian, owner of South Coast Refuse Integrated Recycling Systems, 2021 Business Center Drive, Irvine, clarified that the City of Newport Beach has a multiple franchise system, but only a small portion of the revenues collected go to the general fund. She stated that the other portion is directed to an environmental insurance policy. She indicated that, as an independent hauler, she does not believe in monopolies and franchises. Ms. Arakalian offered to participate in a joint meeting should one occur. NEW BUSINESS The Deputy City Clerk presented a resolution recommending Harbor Municipal adoption of the revised bail schedule by the judges and Court Revised Bail administrators of Harbor Municipal Court. The City Attorney Schedules reviewed his Report No. 97-62 dated October 16, 1997. Tony Petros, President of the Costa Mesa Chamber of Commerce, 1835 Newport Boulevard, Suite E270, Costa Mesa, reported that in August a joint meeting had been held at which members of the Costa Mesa Sanitary District presented their proposal to the Chamber, and in attendance were a majority of the solid waste haulers, as well as businesses throughout the City. He stated that at the Chamber's September Board of Directors meeting, it was unanimously voted to oppose the franchise agreement and the attendant fee. Mayor Buffa commented that although most Orange County cities utilize a franchise option, Irvine and Newport Beach, as well as Costa Mesa, do not participate. He agreed with Mr. Petros that essentially what is being considered is a tax, and small businesses will be most affected. He opined that revenues raised through franchise fees must be used for trash operations. The City Attorney stated that because this is a property related fee, Proposition 218 would apply, and the franchise fee would first have to be approved by the voters. He believed that there were serious impediments to the proposal. MOTION A motion was made by Mayor Buffa, seconded by Council Joint Meeting Member Cowan, and carried 5-0, not to schedule a joint Rejected meeting with the Sanitary District on this issue. NEW BUSINESS The Deputy City Clerk presented a resolution recommending Harbor Municipal adoption of the revised bail schedule by the judges and Court Revised Bail administrators of Harbor Municipal Court. The City Attorney Schedules reviewed his Report No. 97-62 dated October 16, 1997. - - 232 MOTION/Adopted On motion by Council Member Somers, seconded by Council Resolution 97-94 Member Erickson, and carried 5-0, Resolution 97-94 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RECOMMENDING ADOPTION OF THE REVISED BAIL SCHEDULE BY THE JUDGES AND ADMINISTRATORS OF HARBOR MUNICIPAL (COURT. NEW BUSINESS The Deputy City Clerk presented a request from Costa Mesa Request from Pony Pony Baseball for a waiver of athletic field use fees. The Baseball for Fee Community Services Director summarized the Agenda Report Waiver dated October 23, 1997. Lou DeSandro, 1031 Cheyenne Street, Costa Mesa, President of Costa Mesa Pony Baseball, stated that the league will not make additional demands on the City for fields or expenses. MOTION On motion by Mayor Pro Tem Monahan, seconded' by Council Approved Request Member Somers, and carried 5-0, the request was approved, and authorization was given to add Pony Baseball to the Costa Mesa Athletic Field Use Policy. NEW BUSINESS The Deputy City Clerk presented the New Downtown Downtown Com- Community Center Conceptual Plan: Location of the new munity Center center at Lions Park; and a Request for Proposal (RFP) to Conceptual Plan design and prepare construction documents, to be mailed to potential bidders. The Community Services Director reviewed the Agenda Report dated October 23, 1997. David Volz, David Volz Design (DVD), 17050 Bushard Street, Suite 300, Fountain Valley, gave an overview of the three options and the site maps as contained in the Agenda Report. Alvin E. "Bud" Anderson, 8885 Plumas Circle, No. D1116, Huntington Beach, member of the Board of Directors for the Costa Mesa Historical Society and Chairman of the Santa Ana Army Air Base Annual Reunion Committee, suggested that any proposed relocation of the Historical Society be delayed. He noted the value of the Society, and supported the current location adjacent to the Park Avenue library. Jim Ferryman, 1095 Tulare Drive, Costa Mesa, Member of the Newport -Mesa Unified School Board, suggested diverting the funds for the Downtown Community Center swimming pool to Costa Mesa High School, stating that the School District has allocated $250,000.00 to obtain engineering plans for a 50 -meter pool. :ouncil Member Cowan acknowledged additional members of ie Advisory Committee for Teens (ACT) who were in ttendance, Carmen Cardenas and Jim Erickson. She ommended Richard Brunette, staff liaison to the committee. he following members of ACT spoke about design and lacement of the Downtown Community Center: Meera upta, 675 Senate Street, Costa Mesa, Co-chairman; Reuel rather, 1202 Las Arenas Way, Costa Mesa; and Jim rickson, 470 Shady Drive, Costa Mesa. 233 John LeVere, 2183 Miner Street, Apartment C, Costa Mesa, Director of Child's -Pace, supported relocating the building. He thought that the pool should be located in the Downtown Community Center, and would like his organization housed there also. Sharon Clarke, 1860 Anaheim Avenue, Costa Mesa, President of the Board of Directors of the Child's -Pace Foundation, reported they have been located in the Downtown Community Center for over 20 years, and provide quality child care for low-income Costa Mesa families. She asked for the opportunity to continue the program in the new Center. Greg Brown, 2501 Christopher Lane, Costa Mesa, supported retaining the groups now located in the Downtown Community Center. An unidentified citizen stated that more money should be spent on schools and the young people. He supported retaining a swimming pool at the Community Center. MOTION A motion was made by Council Member Cowan, seconded by Approved Option 1 Council Member Somers, and carried 5-0, to move the site of the Downtown Community Center in accordance with ,De_sign Option 1. Council Member Erickson supported the incorporation .of -the Costa Mesa Historical Society with the Park Street library. Motion to Form Council Member Somers made a motion to form a five - Committee Died member ad hoc committee to assist the architect in designing a master plan. The motion died for lack of a second. Mayor Buffa suggested including in the RFP that input from the community is required. The Community Services Director stated that this item will be brought back to the Council meeting of November 17 or December 1, 1997. NEW BUSINESS The Deputy City Clerk presented an ordinance amending the Taxi Administration Costa Mesa Municipal Code relating to the regulation of Program taxicabs pursuant to Orange County Taxi Administration Program. The Acting Finance Director reviewed the Agenda Report dated October 20, 1997. MOTION/Gave On motion by Mayor Pro Tem Monahan, seconded by Council Ordinance 97-33 Member Somers, Ordinance 97-33, AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 9-27 OF ARTICLE 4 AND ARTICLE 16 OF TITLE 9 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE REGULATION OF TAXICABS PURSUANT TO THE ORANGE COUNTY TAXI ADMINISTRA- TION PROGRAM, was given first reading. NEW BUSINESS The Deputy City Clerk presented modification of City Council Council Policy No. Policy No. 500-8, which allows City staff to make a finding of 500-8, ABC public convenience or necessity for a premise -to -premise Licenses transfer of an existing off -sale Alcoholic Beverage Control (ABC) license between units within the same building. 234 MOTION Approved Policy ADJOURNMENT The Deputy City Manager summarized the Agenda Report dated October 22, 1997. On motion by Council Member Erickson, seconded by Council Member Cowan, and carried 5-0, modifications to Council Policy No. 500-8 were approved. The Mayor declared the meeting adjourned at 8:40 p.m. - 2-e --e . 20 Mayor of the City ofo t Mesa ATTEST: Deputy CityI rk of the City of Costa Mesa 1 1 1