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HomeMy WebLinkAbout02/02/1998 - City Council_ REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA February 2, 1998 The City Council of the City of Costa Mesa, California, met in regular session February 2, 1998, 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 Dr. Gary Barmore, Fairview Community 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 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 Personnel Services Director Steve Hayman Transportation Services Manager Peter Naghavi Associate Planner Carol Proctor Management Analyst Irma Hernandez Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council January 19, 1998 Member Cowan, and carried 5-0, the minutes of the regular meeting of January 19, 1998, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded RESOLUTIONS by Council Member Cowan, and carried 5-0, to read all ordinances and resolutions by title only. NEIGHBORHOOD Mayor Pro Tem Monahan commended the Shalimar -James - WATCH MEETINGS 18th Street Apartment Owners Association and Carm Gullo for hosting a Neighborhood Watch Meeting on January 27, 1998. ORAL COMMUNI- Robert Graham, 3260 Dakota Avenue, Costa Mesa, utilized a CATIONS map to illustrate the benefits of constructing the West 19th 19th Street Bridge Street bridge, allowing Costa Mesa citizens improved access to Huntington State Beach, and enhancing Costa Mesa property values. He suggested that a study be conducted to determine the pros and cons of installing the bridge. Home Improvement Mary Stockton, 1210 Londonderry Street, Costa Mesa, Project Problems complained that the City, in connection with an improvement project for her home, had dumped 1,600 feet of decomposed • 'granite into her yard. She reported that nothing will grow in this material, and the plastic underneath prevents drainage. She asked that the City assist her in removing the granite. Mayor Buffa referred Ms. Stockton to the City Manager who stated that he would report to Council on the outcome. CONSENT The following items were removed from the Consent CALENDAR Calendar: Item Noi. 1, Reading Folder, second item, Alcoholic Beverage Licenses; and Item No. 10, Addendum No. 1 to the agreement with Van Dorpe Chou Associates for Building Division services, for $125,000.00; and Budget Adjustment No. 98-43 for $70;000.00. MOTION/Approved On motion by Council Member Erickson, seconded by Mayor Except Items 1 and Pro Tem Monahan, and carried 5-0, the remaining Consent 10 Calendar items were approved as recommended. READING. FOLDER The following Reading Folder items were received and processed: Claims Claims received! by .the Deputy City Clerk: Morton Cohen; Nicole Ann Norvell; and Christopher Soboleski. BUSINESS PERMIT Notice of Intentioni, to Appeal or Solicit for Charitable Purpose Approved Permit was received from All-American Boys Chorus, 88 Fair Drive, for All-American Costa Mesa, by going door-to-door in residential areas Boys Chorus requesting pledges for a Jog-A-Thon to be held March 21, 1998, at Davis School, Costa Mesa. The permit was approved pursuant to Municipal Code Section 9-229. WARRANTS/ The following warrants were approved: Warrant Resolution Approved Warrant 1677, funding City operating expenses for $737,336.94; 1677, Warrant Warrant Resolution 1678, funding City operating expenses 1678/Payroll 9802 . for $1,327,711.50, and Payroll 9802 for $1,413,057.94. ADMINISTRATIVE An agreement was approved with Atlas Environmental ACTIONS/Approved Engineering, Inc., 5122 Bolsa Avenue, Suite 107, Huntington Agreement with Beach, for $123,9,89.35, for site cleanup of an underground Atlas for Yard fuel leak at the Corporation Yard, and the Mayor and Deputy Cleanup City Clerk were authorized to sign on behalf of the City. Adopted Resolution Resolution 98-11 ,was adopted: A RESOLUTION OF THE 98-11 for House- CITY COUNCIL OF THE CITY OF COSTA MESA, hold Hazardous CALIFORNIA, AUTHORIZING THE COSTA MESA SANITARY Waste Grant, Sixth DISTRICT TO SUBMIT AN APPLICATION TO THE, Cycle CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR A LOCAL GOVERNMENT HOUSEHOLD HAZARDOUS WASTE GRANT - SIXTH CYCLE. Awarded Bid Item Bids for Bid Item No. 1017, Purchase of Fourteen (14) Police No. 1017, Police Patrol Vehicles, are on file in the City Clerk's office. The Vehicles,, to Theo- contract was awarded to Theodore Robins Ford, 2060 Harbor dore Robins Ford Boulevard, Costa Mesa, for $304,477.00. Accepted Work by Street excavation at various locations within the South Coast NEXTLINK, in Con- Plaza area, in conjunction with Encroachment Permit No. nection With En- 14008, were completed to the satisfaction of the Public croachment Permit Services Director 'by NEXTLINK California LLC, Alton Deere No. 14008 Plaza, 1924 Deere Avenue, Suite 110, Santa Ana. The work was accepted, and the bonds were ordered exonerated. 1 Awarded Balearic Bids for Installation of Tot Lot Equipment and Handicap Tot Lot Equipment Access Improvements :at Balearic Center, 1975 Balearic and Handicap Im- Drive, are on file in the City Clerk's office. The contract was provements to Park awarded to Park Specialties Company, 30875 Bardmoor Specialties Drive, Temecula, for $77,972.77. READING FOLDER Item No. 1 on the Consent Calendar was presented: Reading Alcoholic Beverage Folder, second item, Alcoholic Beverage Control (ABC) Licenses license requests: Sportspage Saloon, 1562 Newport Boulevard, Suites C and D, for a change of license due to self -incorporation of business/inclusion of new partner for an existing Type 42 ABC license (on -sale beer for public premises). MOTION Received and Processed Addendum 1 to Contract With Van Dorpe Chou, Chou; Budget Ad- justment 98-43 MOTION/Approved Addendum No. 1; Continued Budget Adjustment No. 98-43 to February 17, 1998 Tony's Place, 2052 Newport Boulevard, Suite 15, for a person-to-person transfer of a Type 48 ABC license (on - sale general for a public premise). Council Member Somers reported that the above-mentioned businesses are located in an area where there are 34 ABC licenses instead of the suggested eight. She asked that this topic be addressed at a City Council study session. On motion by Council Member Somers, seconded by Council Member Erickson, and carried 5-0, the ABC license requests were received and processed. Item No. 10 on the Consent Calendar was presented: Addendum No. 1 to the agreement with Van Dorpe Chou Associates, 295 North Rampart Street, Suite A, Orange, for Building Division services, to increase the maximum contract amount to $125,000; and Budget Adjustment No. 98-43 for $70,000.00. The Deputy City Manager clarified for Council Member Somers that this addendum is limited to professional consulting services for building inspection and counter technicians, and does not affect the Van Dorpe Chou contracted plan services. A motion was made by Council Member Somers, seconded by Council Member Erickson, and carried 5-0, to approve Addendum No. 1, and to continue Budget Adjustment No. 98-43 to the meeting of February 17, 1998, in order to obtain clarification regarding the source of the funds. PUBLIC HEARING The Deputy City Clerk announced the public hearing, Appeal of ZA-96- continued from the meeting of January 5, 1998, to consider 21 A, Shab/Global an appeal of the Planning Commission's denial of Minor Cellular Conditional Use Permit 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 Associate Planner reviewed the Agenda report dated January 6, 1998. Jim Shab, Global Cellular, opined that the proposed sign provided a more professional presentation to the public, and provided an alternative plan which he illustrated with photographs. He reported that the business has been at the Newport Boulevard location for three years, they have a lease option for 12 years, and have invested approximately $200,000.00 on improvements. He indicated that banners would not be required should the sign be approved. There being no other speakers, the Mayor closed the public hearing. MOTION/To Adopt A motion was made by Mayor Pro Tem Monahan, seconded Resolution Approv- by Council Member Somers, to adopt the resolution ing ZA-915-21 A approving Zoning Action ZA-96-21 A. Council Member Somers asked if the motion included the stipulation that banners will not be used. Mayor Pro Tem Monahan responded that it did not, and Council Member Somers withdrew -her second. Mayor Buffa then seconded the motion. SUBSTITUTE A substitute motion was made by Council Member Somers, MOTION/Adopted seconded by Mayor Buffa, and carried 3-2, Council Members Resolution 98-12 Erickson and Cowan voting no, to adopt Resolution 98-12, A Approving ZA-96- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 21 A COSTA ,MESA, CALIFORNIA, APPROVING ZONING ACTION ZA-96-21 A, and stipulating that banners will not be used. OLD BUSINESS The Deputy City Clerk presented from the meeting of January Rezone Petition 19, 1998, second reading and adoption of Ordinance 98-2, R-97-07/1239 changing the zoning of 1239 Victoria Street from MG to AP Victoria Street by adoption of Rezone Petition R-97-07. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Ordinance. 98-2 Member Somers, and carried 5-0, Ordinance .98-2, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF 1239 VICTORIA STREET FROM MG TO AP BY ADOPTION OF REZONE PETITION R-97-07, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of January Costa Mesa Person- 19, 1998, second' reading and adoption of Ordinance 98-3, nel System amending the Costa Mesa Personnel System. The Personnel Services Director' summarized the Agenda Report dated January 20, 1998. MOTION/Adopted On motion by Council Member Somers, seconded by Council Ordinance 98-3 Member Erickson, and carried 5-0, Ordinance 98-3, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER VI OF TITLE 2 OF THE COSTA MESA PERSONNEL SYSTEM OF THE CITY OF COSTA MESA, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented the Traffic Impact Fee Traffic Impact Fee Program. The Transportation Services Manager reviewed the Program Agenda Report dated January 23, 1998, and responded to questions from Council. Council Member Somers asked that a comparison of numbers be prepared regarding the .projects that would be lost if the present $150.00 impact fee were maintained versus the $200.00 fee. The Transportation Services Manager, responded that the information can be presented in conjunction with Stage One of the Action Plan. MOTION A motion was made by Council Member Somers, seconded Approved Workshop by Council Member Cowan, and carried 5-0, to approve the Recommendations objectives, assumptions, alternative fee methodologies, and alternative funding mechanisms developed at the workshop of November 13, 1997. MOTION A motion was made by Council Member Somers, seconded Approved Implemen- by Council Member Cowan, and carried 5-0, to implement the tation of Action Plan action plan for addressing the issues which were discussed at the, workshop of November 13, 1997, including the request by Council Member' Somers for a traffic impact fee comparison. MOTION A motion was made by Mayor Buffa, seconded by Council Approved. Ad Hoc Member Cowan,, and carried 5-0, to maintain the current Committee structure of the 'ad. hoc committee, and to direct staff to Structure inform applicants that they should have, or develop, expertise on the subject, and that the committee is not casual in terms of attendance or participation. NEW BUSINESS The Deputy City Clerk presented City Attorney's Report No. Regulation of Adult 98-7A regarding an urgency ordinance amending the Costa Businesses Mesa Municipal Code regarding special land -use regulations for adult businesses and licensing and regulation of adult businesses. (An urgency ordinance requires a 4/5 vote.) The City Attorney reviewed his report and noted that the ordinance will not change the number of parcels available for use by adult entertainment businesses, approximately 78 MOTION/Adopted acres. A motion was made by Council Member Cowan, seconded by Urgency Ordinance Council Member Somers, and carried 5-0, to adopt Urgency 98-4 Ordinance 98-4, as recommended in City Attorney's Report No. 98-7A: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 1 OF CHAPTER IX OF TITLE 13 `'OF THE COSTA MESA MUNICIPAL CODE REGARDING SPECIAL LAND USE REGULATIONS, ADULT BUSINESSES; AMENDING CHAPTER IV OF TITLE 9, PROVIDING FOR LICENSING -AND REGULATION OF ADULT BUSINESSES; AND REPEALING SECTIONS INCONSISTENT THEREWITH AND DECLARING THE URGENCY THEREOF. NEW BUSINESS The Deputy City Clerk presented a request for Committee/Com- Committee/Commission Appointments for the Human mission Appoint- Relations Committee, Investment Oversight Committee, and ments Parks, Recreation Facilities and Parkways Commission. The Management Analyst summarized the Agenda Report dated January 26, 1998. MOTION/Appointed A motion was made by Council Member Cowan, seconded by Human Relations Council Member Somers, and carried 5-0, to appoint Caroline Committee Members Butler and Mitchell Healy as regular members of the Human Relations Committee for four-year terms expiring February 4, 2002; and to appoint Albert J. Simone and John Rule as alternate members. a01 Cell MOTION/Appointed A motion was made :by Council Member Erickson, seconded Investment Over- by Council Member Somers, and carried 5-0, to appoint sight Committee Thomas J. Lightvoet and Pete Peterson as regular members Members of the .Investment Oversight Committee for four-year terms expiring February 4, 2002. MOTION A motion was made by Council Member Cowan, seconded by Continued to Special Council Member Erickson, and carried 5-0, to continue this Council Meeting item in order to conduct interviews with candidates for the February 9, 1998 Parks, Recreation Facilities and Parkways Commission at a special City Council meeting following the February 9, 1998, Study Session, and to make the appointment at that time. Council Member Erickson suggested a 10- to 15 -minute interview for each applicant, and to invite all applicants; however, if an applicant is unable to attend, he recommended that the selection still be made on February 9. ADJOURNMENT The Mayor declared the meeting adjourned at 7:20 p.m. pP-fhe City of Costa Mesa ATTEST: T Deputy City qlerk of the City of Costa Mesa 1