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HomeMy WebLinkAbout12/01/1997 - City Council-244 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 1, 1997 The City Council of the City of Costa Mesa, California, met in regular session December 1, 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. 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 (arrived at 7:25 p.m.) 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 Redevelopment and Housing Manager Muriel Ullman Assistant City Engineer Ernesto Munoz Senior Police Officer Keith Davis Associate Planner Gabriel Elliott Assistant to the City Manager Ann Gyben Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council November 17, 1997 Member Cowan, and carried 4-0, Council Member Somers absent, the minutes of the regular meeting of November 17, 1;997, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded RESOLUTIONS by Council Member Cowan, and carried 4-0, to read all ordinances and resolutions by title only. NEIGHBORHOOD Mayor Pro Tem Monahan commended the following persons WATCH MEETINGS for hosting the Neighborhood Watch Meetings during the month of November, 1997: Michelle Sharp, Victoria Street, on November 14; and Florencia Velasco, 18t'' and James Streets, on November 19. PROCLAMATION Mayor Buffa read a proclamation recognizing December. 1, CAST Day 1997, as "Child Abuse Services Team (CAST) Day", - and presented it to Jan Grotewold, Coordinator of_ _CAST Volunteer Services. Ms. Grotewold presented the Mayor with 245 a book of poetry by Marianne Gillespie, the CAST poet, and Sergeant Tom Boylan spoke about the relationship between CAST and the Costa Mesa Police Department. ORAL COMMUNI- Robert Graham, 3260 Dakota Avenue, Costa Mesa, stated CATIONS that Costa Mesa commerce has allowed the City such Costa Mesa luxuries as 18 acres of soccer fields, a master plan for Businesses Fairview Park, Shalimar Drive park, and the new Community Center at Lions Park. He urged Council to respect the businesses in the community. Magnolia Street Gerhard Ziemer, 212 Lillian Place, Costa Mesa, asked that Barricade reconsideration be given to the barricade to be installed on Magnolia Street, stating that a compelling reason does not exist to close the street. He felt that this street closure would cost the- _City money and would inconvenience merchants and customers on Newport Boulevard. Mr. Ziemer expressed concern that the following requirements have not been fulfilled: the adoption of a resolution regarding the closure; and the adoption of an amendment to. the General Plan regarding traffic circulation. Mayor Buffa suggested that Mr. Ziemer write a letter to the Public Services Director regarding his concerns. The City Manager acknowledged a petition that had been received regarding the closure, noted the extensive noticing of merchants and east side residents regarding numerous hearings, and explained that Council had directed that the closure proceed. CONSENT The following items were removed from the Consent Calendar CALENDAR and trailed to later in the meeting when Council Member Somers would be present: Item No. 1, Reading Folder, second item, Alcoholic Beverage Licenses; and Item No. 12, Completion of Roofing Renovations at Various Locations, Project No. 97-10, by Long Beach Roofing, Inc. MOTION/Approved On motion by Council Member Erickson, seconded by Council Except Items 1 and Member Cowan, and carried 4-0, the remaining Consent 12 Calendar items were approved as recommended. READING FOLDER The following Reading Folder item was received and processed: Claim Claim received by the Deputy City Clerk: Meade Wildrick. SET FOR PUBLIC Resolution 97-97 was adopted: A RESOLUTION OF THE HEARING/Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, Resolution 97-97, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE Setting a Hearing VACATION OF A 337.50 -SQUARE -FOOT PARCEL AT 1984 for January 5, 1998 CHURCH STREET. WARRANTS Warrant Resolution 1668, funding City operating expenses in Approved Warrant the amount of $650,592.80, and Payroll 9723 for 1668/Payroll 9723; $1,392,246.90, were approved; and Warrant Resolution and Warrant 1669 1669, funding City operating expenses in the amount of $772,542.02, was approved. REJECTED CLAIMS The claim from Peyman Mottahedeh (alleged false arrest and Mottahedeh violation of civil rights by Police Department) was rejected. 246 ADMINISTRATIVE Bids received for Demolition of Existing Tot Lot Equipment ACTIONS/Awarded and Installation of New Tot Lot Equipment and Handicap Tot Lot Equipment ! Access Improvements. at Mesa Verde and Wimbledon parks at Mesa Verde and are on file in the City Clerk's office. The contract was Wimbledon Parks to awarded to ORTCO, Inc., 681 South Tustin Avenue, Suite ORTCO ! 308. Orange, for $79,651.00. Labor and Material Bond was ordered exonerated 7 months Awarded Asbestos Bids received for Asbestos Removal and Demolition of a Two - Removal and Demo- Story Apartment Structure with Carport at 782 Shalimar lition of Building at Drive, Costa Mesa, Project No. 97-01-V, are on file in the 782 Shalimar Drive City Clerk's office. The contract was awarded to to Environmental Environmental Control Systems, Inc., 29160 Goetz Road, Control Systems Quail Valley, for $13,800.00. Adopted Resolution Resolution 97-98 was adopted: A RESOLUTION OF THE 97-98 for Tire CITY COUNCIL OF THE CITY OF COSTA MESA, Recycling Grant CALIFORNIA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR A 1997-1998 TIRE RECYCLING GRANT. Accepted Work by Newport Boulevard Roadway Widening and Overhead Sign Griffith Company for Installation at 191h and 22"d Streets, Project No. 96-03, Newport Boulevard Federal (HES) No. STPLHG-5312(011), was completed to the Roadway Widening satisfaction of the Public Services Director on November 6, at 191h and 22"d 1997, by Griffith Company, 2020 South Yale Street, Santa Streets, Project No. Ana. The work was accepted; the Deputy City Clerk was 96-03 authorized to file a Notice ' of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 6 months thereafter. Accepted Work by Traffic Signal Installation and Street Improvements at Computer Service Fairview Regional Park Entrance and Placentia Avenue, Company for Traffic Project No. 97-06, Federal (HES) No. STPLHG-5312(017), Signal Installation was completed to the satisfaction of the Public Services at Fairview Park, Director on November 6, 1997, by Computer Service Project No. 97-06 Company, 4570 East Eisenhower Circle, Anaheim. The work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 6 months 'thereafter. Accepted Work by Bristol Street Widening at 200 Feet South of Bear Street, All American Project No. 97-14, Federal (HES) No. STPLH-5312(018), was Asphalt for Bristol completed to the satisfaction of the Public Services Director Street Widening, on November 5, 1997, by All American Asphalt, 1776 All Project No. 97-14 American Way, Corona. The work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered .exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 6 months thereafter. 24'7 Accepted Work by Alley No. 106 Improvements (from Westminster to Santa Ana Pacific Hydrotech Avenues between Esther and 20th Streets), Project No. 97 - for Alley No. 106 12, were completed to the satisfaction of the Public Services Improvements, Director on November 6, 1997, by Pacific Hydrotech Project No. 97-12 Corpora -tion, 27200 Highway 74, Perris. The work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Accepted Work by Street Improvements at 375 Monte Vista Avenue, Costa Westport Group for Mesa, in connection with Encroachment Permit No. 13508, Street Improve- were completed to the satisfaction of the Public Services ments at 375 Monte Director by Westport Group, Inc., 1936 Deere Avenue, Suite Vista Avenue for 203, Santa Ana. ' ` The work was accepted, and the bonds EP -13508 were ordered exonerated. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Annual Review of place set for the public hearing to consider the annual review DA -94-01, Auto- of Development Agreement DA -94-01, between the mobile Club Insurance Exchange of the Automobile Club of Southern California and the City, for property at 3333 Fairview Road, and the parcel to the west, containing approximately 10 acres. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager summarized the Agenda Report dated November 19, 1997, recommending that future annual reviews be delegated either to the Planning Commission or to someone at staff level. Larry Adamson, Vice President of the Automobile Club of Southern California, reported that Phase I of the project has been completed, including the relocation of approximately 700 people to the new facility. He announced that the community will be invited to a grand opening which will be held during the first part of 1998. MOTION/Made A motion was made by Council Member Erickson, seconded Finding that Good by Council Member Cowan, and carried 4-0, finding that Faith and Compli- good faith and compliance with the terms and conditions of ance Demonstrated DA -94-01 has been demonstrated by the Automobile Club; and directing staff to refer future reviews to the Planning Commission for final approval. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Appeal of ZA-96- place set for the public hearing to consider an appeal of the 21 A, Shab/Global Planning Commission's denial of Minor Conditional Use Permit Cellular ZA-96-21 A, from Jim Shab, Global Cellular, 1848 Newport Boulevard, Costa Mesa, to amend the planned signing program to allow a changeable copy building sign at the above address in a C2 zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. A communication was received from Stephen Rex Sheldon, The Rex Company, 100 South Anaheim Boulevard, Suite 350, Anaheim, requesting a continuance to the meeting of January 5, 1998. MOTION On motion by Mayor Pro Tem Monahan, seconded by Council Continued to Member Erickson, and carried 4-0, the public hearing was January 5, 1998 continued to the meeting of January 5, 1998. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Appeal of PA -97-44, place set for the public hearing to consider an appeal of the Beebout/Weisler Planning Commission's denial of Planning Application PA -97- 44 from Greg Beebout, Pacific Coast Weatherproofing, 981 West 18th Street, Suite D, Costa Mesa, authorized agent for Dorothy G. Weisler, for a variance from rear yard setback requirements (20 feet required, 0 feet proposed), to allow Pacific Coast Weatherproofing to legalize two 10 -foot high, o;ne-story storage sheds totaling 1,693 square feet in area, located along the rear and side property lines at 975-981 West 18th Street in an MG zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. No communications were received. The Associate Planner reviewed the Agenda Report dated November 17, 1997. Greg Beebout, 8232 Malloy Drive, Huntington Beach, stated that if the sheds were moved forward, there would be a negative impact on the residents behind the property from the noise of daily loading and unloading. He showed a photograph of the sheds from the neighboring property, and agreed with the conditions of approval. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Mayor Pro Tem Monahan, seconded Resolution 97-99 by Mayor Buffa, and carried 3-1, Council Member Erickson voting no, to adopt Resolution 97-99, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -97-44, based on the finding that the location of the sheds will not be detrimental to the public health, safety, and welfare. Council Member Erickson objected to the zero setback and confirmed with the City Attorney that the noise ordinance will apply in this situation. Mayor Pro Tem Monahan believed that the project would be an improvement in the area. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Appeal of Denial of place set for the public hearing to consider an appeal of the Massage Permit, Police Chief's denial of a permit for massage practitioner from Tiedt Ellen Tiedt, 463 East Promontory Drive, Newport Beach. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Senior Police Officer summarized the Agenda Report dated November 20, 1997. Ellen Tiedt, the appellant, asked that the hearing be continued so that her attorney could be present. She indicated that she did not receive notification of the hearing nor an Agenda Report prior to the meeting, and responded to questions from Council. Andrea Daniels, owner of Mind Over Muscles, 2360 Newport Boulevard, Costa Mesa, spoke on behalf of the appellant stating that Ms. Tiedt is an educated professional with 20 years experience. 1 1 1 1 1 She found fault with the reason for the denial of the permit, and reported on the appellants dire financial status. The City Attorney stated that there may be grounds for a continuance since the appellant was not notified of the hearing and had not received a report. Council Member Erickson asked staff to provide more detailed information regarding her Newport Beach citation. MOTION A motion was made by Council Member Erickson, seconded Continued to by Council Member Cowan, and carried 4-0, to continue the December 15, 1997 public hearing to the meeting of December 15, 1997, with the understanding that this will not be continued to a future date under any conditions. PUBLIC HEARING The Deputy City,Clerk announced that this was the time and Appeal of Massage place set for the public hearing to consider an appeal of the Permit, Mercado Police Chief's denial of a permit for massage practitioner from Marilyn Mercado, 2990 South Bradford Place, Suite A, Santa Ana. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. MOTION On motion by Council Member Erickson, seconded by Council Withdrawn Member Cowan, and carried 4-0, this item was withdrawn because Miss Mercado has met the City' requirements and a permit has been issued to her. OLD BUSINESS The Deputy City Clerk presented the following items Surplus Owned regarding surplus owned properties: Properties Identify properties to be declared surplus. Budget Adjustment No. 97-28, for $50,000.00. Proposed Habitat for Humanity Project(s): Real property negotiations and development options for certain City -owned parcel(s) and the proposed development of affordable housing. Request for specific City -owned parcels to be made available to the Agency for redevelopment purposes pursuant to the Community Redevelopment Law, in particular, Section 33220, and allow such parcel(s) to be included in the development negotiations with Habitat for Humanity. Direct the City Manager/Executive Director to enter into real property negotiations with Habitat for Humanity for the development of affordable housing on selected City -owned parcel(s); and in connection with such negotiations, determine the consideration, if any, to be provided by the Agency to the City for such property in connection with evaluation of the economic feasibility and business terms of the proposed development. 249 '250 The Public Services Director reviewed the Agenda Report dated November 24, 1997. The Assistant City Engineer responded to a question from the Mayor by stating that the Market Data Summary in the Agenda Report lists Huntington 113each properties instead of those in Costa Mesa due to the fact that the appraisal company was unable to locate comparable properties in Costa Mesa. He explained that if Council decides to surplus the parcels, the budget adjustment will cover the cost of surveying. He and the Redevelopment and Housing Manager responded to additional questions from i Council. The City Attorney stated that before the parcels are sold, a resolution must be adopted which declares them surplus. MOTION/Hamilton A motion was made by Mayor Pro Tem Monahan, seconded Street Parcels by Council Member Erickson, and carried 4-0, to declare as Declared Surplus surplus property the two contiguous parcels on Hamilton Street. MOTION/Approved ;A motion was made by Mayor Pro Tem Monahan, seconded Negotiations with 'by Council Member Erickson, and carried 4-0, to authorize, Habitat for entering into negotiations with Habitat for Humanity for the Humanity :212 Del Mar Avenue parcel. MOTION/282 and 'A motion was made by Mayor Pro Tem Monahan, seconded 286 Del Mar Ave- � by Council Member Erickson, and carried 4-0, to declare the nue Declared parcels at 282 and 286 Del Mar Avenue as surplus Surplus property. ;The City Attorney clarified that a resolution setting a public hearing on December 15, 1997, should be adopted for Habitat for Humanity properties which are not utilizing the Redevelopment Agency special exemption. He indicated that ;this action could be taken after the motions to surplus the 'parcels are completed. MOTION/Directions 'A motion was made by Mayor Pro Tem Monahan, seconded Given to Staff on by Council Member Erickson, and carried 4-0, directing staff 150, 158, and 170 ito investigate the possibility of converting the parcels at 150, Del Mar Avenue 1158, and 170 Del Mar Avenue into a park. MOTION/110 Del A motion was made by Mayor Pro Tem Monahan, seconded Mar and 2600 by Council Member Erickson, and carried 4-0, to declare the Newport Declared parcels at 110 Del Mar Avenue and 2600 Newport Boulevard Surplus ,as surplus property. MOTION/2136 -A motion was made by Mayor Pro Tem Monahan, seconded Raleigh and 2135 -by Council Member Erickson, and carried 4-0, to declare the Sterling Declared 'parcels at 2136 Raleigh Avenue and 2135 Sterling Avenue as Surplus ;surplus property. MOTION/2150 A motion was made by Mayor Pro Tem Monahan, seconded Maple and 570 and 'by Council Member Erickson, and carried 4-0, to authorize 574 Victoria Street ;the purchase of the parcels at 2150 Maple Street, and 570 Purchase Authorized ;and 574 Victoria Street with Redevelopment Agency funds to :be used for a Habitat for Humanity project. MOTION/2136 .A motion was made by Mayor Pro Tem Monahan, seconded Wallace Avenue !by Council Member Erickson, and carried 4-0, to declare the Declared Surplus parcel at 2136 Wallace Avenue as surplus property. :251 Council Member Somers arrived at 7:25 p.m. MOTION/111 East A motion was made by Mayor Pro Tem Monahan, seconded 18th Street Declared by Council Member Erickson, and carried 4-0, to declare the Surplus parcel at 111 East 18th Street as surplus property. Mayor Pro Tem Monahan asked if the two small parcels at 135 East 17th Street were under 2,000 square -foot. The Assistant City Engineer responded that the one of the parcels is 4,123 square feet and the other is 707 square feet. MOTION/Parcel A motion was made by Mayor Pro Tem Monahan, seconded at 135 East 17th by Council Member Erickson, and carried 5-0, to declare the Street Declared 4,123 -square -foot parcel at 135 East 17th Street as surplus Surplus property. MOTION/Parcel A motion was made by Mayor Pro Tem Monahan, seconded at 135 East 17th by Council Member Erickson, and carried 5-0, to declare the Street Declared 707 -square -foot parcel at 135 East 17th Street surplus Surplus property, and to offer it for sale to the adjacent property owner. MOTION/Small A motion was made by Mayor Pro Tem Monahan, seconded Remaining Parcels by Council Member Cowan, and carried 5-0, to declare the Declared Surplus parcels at 2152 Puente Avenue, 2152 Raleigh Avenue, and 540, 544, 744, and 817 Victoria Street, as surplus properties, and directing staff to prepare a resolution to vacate. MOTION/Approved On motion by Mayor Pro Tem Monahan, seconded by Council Budget Adjust- Member Cowan, and carried 5-0, Budget Adjustment No. 97- ment No. 97-28 28 was approved. MOTION/Set A motion was made by Mayor Pro Tem Monahan, Council Hearing for Member Cowan, and carried 5-0, to set a public hearing on December 15, 1997 December 15, 1997, to consider declaring the aforementioned properties as surplus. MOTION/Approved A motion was made by Mayor Pro Tem Monahan, seconded Purchase by by Council Member Cowan, and carried 5-0, to approve Redevelopment purchase of the parcels at 212 Del Mar Avenue, 2150 Maple Agency Street, and 570 and 574 Victoria Street by the Redevelopment Agency for Habitat for Humanity projects, pursuant to Community Redevelopment Law Section 33220. MOTION/Gave On motion by Mayor Pro Tem Monahan, seconded by Council Directions to City Member Cowan, and carried 5-0, the City Manager/Executive Manager/Executive Director was directed to enter into real property negotiations Director with Habitat for Humanity for the development of affordable housing on the previously named parcels. CONSENT Item No. 1, second item on the Reading Folder, was CALENDAR presented: Alcoholic Beverage Control (ABC) License for Reading Folder/ Unocal, 1900 Newport Boulevard, for a multiple stock Alcoholic Beverage ownership transfer of a Type 21 ABC license (off -sale License for Unocal general). Council Member Somers reported that she did not feel that the transfer of the license to the Unocal station was appropriate considering the proximity of the station to the 55 Motion to Continue Freeway. A motion was made by Council Member Somers, Died seconded by Council Member Erickson, to continue this item 52 to the meeting of December 15, 1997. Council Member Cowan clarified that since Unocal is now under new ownership, the ABC license is simply a transfer to the new owners of an existing license for that site. Council Member MOTION Erickson withdrew his second, and the motion died. On Received and Filed motion by Mayor Pro Tem Monahan, seconded by Council Member Erickson, and carried 4-1, Council Member Somers voting no, the ABC license was received and filed. CONSENT Item No. 12 on the Consent Calendar was presented: CALENDAR Completion of Roofing_ Renovations at Various Locations, Completion of Roof- Project No. 97-10, by Long Beach Roofing, Inc., 2827 East ing Renovations at '14th Street, Long Beach. Council Member Somers reported Various Locations, that Long Beach Roofing is responsible for the damage to Fire Project No. 97-10, Station Nos. 1 and 3, and questioned releasing the bonds in by Long Beach light of the monies still owed the City. The Public Services Roofing Director explained that if claims against the contractor are received, the bonds and retention funds will be held in abeyance, and noted that the City is also a claimant. He concluded by stating that this action is a formality to bring MOTION the project to a close. On motion by Council Member Accepted Work Erickson, seconded by Council Member Cowan, and carried 5-0, the work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. OLD BUSINESS The Deputy City Clerk presented a Request for Proposal (RFP) Downtown Center for design of the new Downtown Center facility. The Facility RFP Community Services Director summarized the Agenda Report dated November 17, 1997. Jane Abbott, 1768 Kenwood Place, Costa Mesa, supported inclusion of a community swimming pool in the design. She reported that she swims in the existing pool twice a week with a group of senior citizens. She also thought that the pool was a good influence on children in the neighborhood. Lou Stead, 3245 New York Avenue, Costa Mesa, also a member of a senior swimming group, agreed that the I wimming pool is a good diversion for young persons in the area. Barbara Beck Jencks, 443 Flower Street, Costa Mesa, felt that the new Downtown Center would be incomplete without a swimming pool. She suggested building a larger pool so that a swimming program could be developed. Marti Gangnes, 28462 La . Falda, Laguna Niguel, a gymnastic teacher employed by the City, asked if there will be an area in the new Center where gymnastic classes can be held in order to continue with the present programs. She proposed creating a larger area than is currently available because the number of persons interested outnumber the available 'classes. The Community Services Director responded that a ;separate room for gymnastics has not been proposed. 1 1 1 253 Mark Desmond, High Hopes Head Injury Program, 1601 16th Street, Newport Beach, reported that members of this program have used the Downtown Community Center pool for many years, and that the High Hopes success rate in getting people out of their wheelchairs is the highest in the nation. He supported building a swimming pool at the new Center. Mr. Desmond noted that he also coaches the City's swimming program, and they currently use the Newport - Harbor High School pool because of its size. Council Member Somers stated that if Costa Mesa High School eventually builds an Olympic -size swimming pool, they are considering leaving the existing pool intact. The Community Services Director verified that the above had been suggested by a member of the Newport -Mesa Unified School District Board of Directors. MOTION/Approved A motion was made by Council Member Cowan, seconded by Development of RFP Council Member Erickson, to develop an RFP for the Downtown Center which includes the following: identify a 14,000 square -foot gymnasium facility plus an additional 2,000 to 4,000 square feet of space to be utilized by either youth -oriented organizations or used as multipurpose rooms for various activities; replace the existing swimming pool designed for a recreational and teaching facility rather than a competition facility; and expand the library to include the Historical Society, while retaining the Society at its present location until the new area is completed. Council Member Erickson expressed concern about retaining the Historical Society in its current location because the existing building is old and termite -infested, and by retaining the building, the land would not be available to the Downtown Center. Council Member Cowan stated that was not her intent. Mayor Buffa clarified that in the master plan, the site on which the Society is now located would ultimately be needed for parking which could be accomplished after library expansion is completed. Council Member Cowan agreed that was her intent. SUBSTITUTE A substitute motion was made by Council Member Somers, MOTION/To seconded by Mayor Buffa, to solicit proposals from Approve Design architectural students from various universities and colleges Concept Failed to to obtain a design concept prior to presenting an RFP to Carry architectural firms. The motion failed to carry 3-2, Council Members Monahan, Erickson, and Cowan voting no. Mayor Buffa agreed with Council Member Somers that there are variables left in the equation, such as the future home of the Fish Fry and the swimming pool issue. Mayor Pro Tem Monahan was concerned about costs for the additional items, which he agreed would require master planning. Council Member Somers acknowledged that cost is a factor in suggesting the design concept, and felt that the experience would be good for the students. Council Member Erickson stated that he would like to keep the process in motion because the Downtown Center is a high priority. He felt that the design concept process would cause an indefinite delay. The original motion carried 4-1, Mayor Buffa voting no. RECESS The Mayor declared a recess at 8:20 p.m., and reconvened the meeting at 8:30 p.m. OLD BUSINESS 'The Deputy City Clerk presented an agreement with Russell Agreement with D. Miller, 405 South Santa Anita Avenue, Arcadia, for Miller for Costa operation of the Costa Mesa Tennis Club and the City's Mesa Tennis Club tennis programs. The Community Services Director summarized the Agenda Report dated November 18, 1997. He responded to questions from Council. He noted that the United States Tennis Association (USTA) had not been contacted about Mr. Miller's references. Council Member Somers suggested contacting USTA to determine the level of these programs and their effectiveness. Rusty Miller, 490 Chandler Ranch Road, Orange, reported that he has been in business since 1979 and has created many junior tennis programs. He indicated that he has considerable experience at the Costa Mesa facility, and plans to spend the majority of his working time there. Mr. Miller stated that he is more than qualified to run the necessary programs, and outlined his methods. He noted that the employees are not independent contractors but work for him directly. Margo Ferris, 8681 Bayonne Drive, Huntington Beach, stated that she played with a large group at the Costa Mesa Tennis Club, but presently, there are only four players because of poor management of the Club. She thought that the proposal is directed more towards junior players, and suggested that programs for seniors be initiated. Ms. Ferris reported that the j USTA supports a program called "Play America" which 'includes all incomes and ages. She believed that this would be an appropriate program to initiate at the Tennis Club. Bill Bradley, 3177 Country Club Drive, Costa Mesa, read a ,petition signed by 71 users of the facility which indicates that :the management change had been kept from the public. He ;stated that signers of the petition support Hank Lloyd's ,Tennis, one of the four proposals submitted, because their reputation in providing and supporting tennis programs is well known. He asked for programs which include all ages and 'tennis combinations from the community. Gregg Raven, 1650 Babcock Street, Costa Mesa, plays at the ;Tennis Club and supported Hank Lloyd's Tennis. He agreed 'that there is an overemphasis on the junior program, and ;mentioned that the recommended proposal does not contain options to continue the existing programs, such as Men's ;Night on Wednesday, Team Tennis on Thursday, and so ;forth. ;Robert Braun, 2721 Canary Drive, Costa Mesa, expressed ;concern about the change in programs and instructors. ,Timothy J. Brunei, 4015 Calle Isabella, San Clemente, Hank Lloyd's business partner, reported that this is their first ;experience in dealing with the city and they had prepared a 'precise projection of costs and improvements. 1 1 1 He stated that when the decision had been made to recommend that the contract be awarded to Russell D. Miller, he prepared another series of analysis, and presented it to the Council. Mark Harris, 917 Tanana Place, Costa Mesa, Vice Chairman of the Parks, Recreation Facilities, and Parkways Commission, was concerned about the number of establishments now being managed by Rusty Miller. He felt that the residents deserved to have someone on-site full-time. He recommended awarding the contract to Hank Lloyd's Tennis. Hank Lloyd, 5294 Paseo Serra, Yorba Linda, provided a background on his organization and operation. He indicated that he had previously worked with the Costa Mesa programs in the high schools and elsewhere. He added that he would dedicate 100 percent of his time to the Tennis Club operation, and confirmed that he would attempt to integrate the present employees into his organization. MOTION A motion was made by Mayor Pro Tem Monahan, seconded To Award Contract by Council Member Somers, to award the contract to Hank to Hank Lloyd's Lloyd's Tennis, subject to approval of the agreement by the Tennis City Attorney and his financial condition by the Acting Finance Director. Mayor Buffa stated that he could not support awarding the contract to either applicant until he received something in writing which addresses their approach on how to manage the ongoing problems with the tennis facility. Council Member Erickson concurred, specifically noting that staff did not have an opportunity to conduct a background check of references or financial statements for Mr. Lloyd's operation. SUBSTITUTE A substitute motion was made by Council Member Erickson, MOTION seconded by Mayor Buffa, to continue this item to the Continued to meeting of December 15, 1997, directing staff to verify December 15, 1997 references for Mr. Lloyd's operation, and to conduct a financial background check similar to that done for Mr. Miller; and directing Mr. Miller and Mr. Lloyd to outline their strategy to avoid the problems which have occurred at the tennis facility in the past, such as lack of upgrades, and to address the general economics of the entire operation. Mayor Pro Tem Monahan thought that both operators were qualified, and that the problems previously experienced would not reoccur. Council Member Cowan expressed concern that the contract as it is presently structured does not allow for performance measurement standards. She supported the continuance, but asked that staff be directed to develop measurement standards for the programs at this facility. The maker of the motion added the foregoing to the motion, and the seconder concurred. The substitute motion carried 4-1, Mayor Pro Tem Monahan voting no. NEW BUSINESS The Deputy City Clerk presented a request from United Way, Banner Request 18012 Mitchell Avenue, Irvine, to install 47 banners in the from United Way South Coast Plaza area from January 5 through February 28, 1998, to promote their annual campaign. 255 256 The Assistant to the City Manager reviewed the Agenda Report dated November 13, 1997. MOTION i On motion by Council Member Erickson, seconded by Council Approved Request Member Cowan, and carried 5-0, the request was approved. NEW BUSINESS 'The Deputy City Clerk presented the following General Plan General Plan Amendments: Screening Requests: Amendment Screen - Requests Bayshore Animal Hospital at 2077 Harbor Boulevard, for a deviation from the General Plan Floor Area Ratio (FAR). Segerstrom Home Ranch, 30.5 acres of vacant property located north of South Coast Drive, between the Automobile Club site and the Los Angeles Times facility, from Medium Density Residential to Industrial Park. South Coast Plaza Town Center, 62 -acre property located east of Bristol Street, north of the 1-405 Freeway, west of Avenue of the Arts, and south of Sunflower Avenue, for policy language to clarify the ultimate development potential of the site in relation to the existing nonconforming status of portions of the area, the previously adopted Town Center Master Plan, and use of the remaining vacant land within the Town Center. Bayshore Animal . The Deputy City Manager summarized the request from Hospital Bayshore Animal Hospital as contained in the Agenda Report dated November 20, 1997, and showed a visual diagram. He explained that to bring this property into compliance, the property owner would be required to prove that the traffic generated by his addition is within that anticipated by the General Plan. The Public Services Director reported that the City has prepared a "best case" study of traffic generation figures; however, the owner of the property does not agree with the figures. A question and answer period ensued. Jeffrey Palmer, owner of Bayshore Animal Hospital, stated 'that he purchased the hospital approximately seven years ;ago, and reviewed his efforts to create a state-of-the-art ;facility. He explained that the illegal building addition was a matter of "putting the cart before the horse". Mayor Buffa 'stated that any traffic study conducted for Dr. Palmer for his business must be certified. MOTION/Applica- A motion was made by Council Member Erickson, seconded tion Rejected by Council Member Somers, and carried 5-0, rejecting the 'application since overriding reasons were not presented, and directing the applicant to have an independent traffic study ;from a certified traffic engineer conducted within 120 days :for presentation to staff who will determine if this business is -a low -traffic generator. Council Member Erickson did not believe that the hospital's revenue could be equated to trip generation rates, and felt ;that an independent study would be more appropriate. Segerstrom Home iPaul Freeman, representing C. J. Segerstrom and Sons, 3315 Ranch Fairview Road, Costa Mesa, responded to questions from Council regarding intensity of the proposed use of the Ranch site, stating that they are not making a specific proposal at 1 1 1 -25'7 this time, only asking that the amendment be accepted for processing. Council Member Somers felt that this request did not meet Council's criteria for acceptance, and asked for a more specific plan before a GPA could be granted. Mr. Freeman reiterated that he was only asking that the request be accepted for processing, and indicated that the Industrial Park and Urban Center Commercial designations would be analyzed to determine which would be appropriate. MOTION/Accepted On motion by Council Member Cowan, seconded by Mayor Application for Pro Tem Monahan, and carried 5-0, the application for the Processing Segerstrom Home Ranch was accepted for processing. Council= Member Erickson noted that when this request is brought back to Council, he hoped the designation would be closer to Industrial:Park than to Urban Center Commercial. South Coast Plaza In regard to the South Coast Plaza Town Center, Council Town Center Member Somers expressed concern regarding the deviance between the floor area ratios and the confusing level of entitlements. She asked if this would be clarified prior to the application coming back to Council. The Deputy City Manager replied that the intent was to rectify the nonconformity of the Town Center. MOTION/Accepted On motion by Council Member Erickson, seconded, by Mayor Application for Pro Tem Monahan, and carried 5-0, the application for South Processing Coast Plaza Town Center was accepted for processing. NEW BUSINESS The Deputy City Clerk presented Cooperative Agreement C -7 - Agreement for 0458 between Orange County Transportation Authority, City Connector B of Costa Mesa, City of Newport Beach, and San Joaquin Hills Funding Transportation Corridor Agency, for $600,000.00 (City of Costa Mesa's share), for funding of Connector B (northbound State Route 73 to southbound State Route 55); and Budget Adjustment No. 98-27 for $600,000.00. The Public Services Director summarized the Agenda Report dated November 21, 1997. Robert Graham, 3260 Dakota Avenue, Costa Mesa, suggested reexamining the issue of extending 19" Street to Brookhurst Street in Huntington Beach which he felt would revitalize the west side of Costa Mesa. MOTION/Approved On motion by Mayor Pro Tem Monahan, seconded by Council Agreement and Member Cowan, and carried 5-0, the agreement was Budget Adjustment approved and the Public Services Director was authorized to No. 98-27 sign on behalf of the City; and Budget Adjustment No. 98-27 was approved. COUNCIL Council Member Somers congratulated the following COMMENTS recipients of awards from the Newport Beach American American Legion Legion: Fire Engineer Bobby Masuzumi was proclaimed Fire Honors Fighter of the Year and Senior Police Officer Bill Redmond was proclaimed Officer of the Year. She announced that the ABLE Dedication dedication of the helicopters in the ABLE (Airborne Law Enforcement Services) Program would be held at Bob Henry Park In Newport Beach on December 11, 1997, at 11:00 a. m. p i 250 Longevity Pay for Council Member Erickson referred to a memorandum from the City Manager and City Manager which requested action at a future date City Attorney regarding longevity pay as it relates to the compensation of the City Manager and City Attorney. The City Manager explained that the proposal is to eliminate the longevity benefit at the same time other management compensation adjustments are brought forth to Council for consideration. Fie felt that this would occur within the next 30 to 45 days. ADJOURNMENT The Mayor declared the meeting adjourned at 10:30 p.m.. Mayor of the City o o to Mesa ATTEST: r T -- Deputy City Jerk of the City of Costa Mesa 7 u 1 1