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HomeMy WebLinkAbout05/04/1998 - City CouncilM REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MAY 4, 1998 The City Council ,of the City of Costa Mesa, California, met in regular session May 4, 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 Somers, and invocation by the Reverend Mike Decker, Harbor Trinity Baptist Church. ROLL CALL Council Members; Present: Mayor Pro Tem Gary Monahan Council Member Joe Erickson Council Member Libby Cowan Council Member Heather Somers Council Members Absent: Mayor Peter Buffa Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Budget and Research Officer Carol Jacobs Police Lieutenant Ron Smith Associate Planner Gabriel Elliott Management Analyst Irma Hernandez Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council April 20, 1998 Member Somers,, and carried 4-0, Mayor Buffa absent, the minutes of the '!regular meeting of April 20, 1998, 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. PROCLAMATION Mayor Pro Tem Monahan read a proclamation recognizing "Hire-A=Veteran May 3 - 9; 1998,' as "Hire -A -Veteran Week", and presented it Week" to Ernest Meraz, :Local Veterans Employment Representative, and Peggy Crawford, Regional Office Manager for the Employment Development Department, 1001 South Grand Avenue, Santa Ana. ORAL C:OMMUNI- Robert Graham, 3260 Dakota Avenue, Costa Mesa, reported CATIONS on several local businesses which are moving and/or Costa Mesa Signage expanding, and showed photographs of their operations. He felt that signs should be erected in the following locations in order to advertise positive changes within the City: Costa Mesa Farm Sports Complex; Fairview Park; the new bicycle bridge over the Greenville -Banning Channel; and Shalimar Park. 1 1 1 House Candidate Linda Lee Grau, 24 Morning Dove, Irvine, campaign manager for a candidate for the House of Representatives' 45th District seat, prepared to speak about her candidate but was informed by Mayor Pro Tem Monahan that only City business could be discussed during Oral Communications. CONSENT The following item was removed from the Consent Calendar: CALENDAR Item No. 7, Resolution approving submittal of street rehabilitation improvements to the Orange Country Transportation Authority (OCTA) for funding under the Combined Transportation Funding Program. MOTION/Approved On motion by Council Member Erickson, seconded by Council Except Item No. 7 Member Somers, and carried 4-0, the remaining Consent 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: Angel Aviles, as father and natural guardian of Ashley and Vanessa Aviles, minors; Brian Scott Bald; Florence Burke; Adelina Sandoval; Mary Stockton; and Susanna Van Herden. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose Approved Permit from Veterans of Foreign Wars Post No. 3536, 567 West 18th for Veterans of Street, Costa Mesa, by selling "Buddy Poppies" in front of Foreign Wars Post Stater Brothers Markets, K -Mart, Vons Market, and in the No. 3536 downtown area from May 15 to May 17, 1998, was approved pursuant to Municipal Code Section 9-127(d). WARRANTS The following warrants were approved: Warrant Resolution Approved Warrant 1690, funding City operating expenses for $410,396.75, 1690/Payroll 9808; Payroll 9808 for $1,367,382.81; and Warrant Resolution and Warrant 1691 1691, funding City operating expenses for $521,929.96. ADMINISTRATIVE A request from Opera Pacific was approved to install 60 ACTIONS/Approved banners on Bear and Bristol Streets, Avenue of the Arts, and Banner Request Sunflower Avenue, from May 15 through July 14, 1998, from Opera Pacific promoting the 1998 season. Adopted Resolution Resolution 98-33 was adopted: A RESOLUTION OF THE 98-33, Army Corps CITY COUNCIL OF THE CITY OF COSTA MESA, of Engineers CALIFORNIA, IN SUPPORT OF INCREASED FUNDING FOR Funding FISCAL YEAR 1998-99 FOR THE ARMY CORPS OF ENGINEERS CIVIL WORKS CONSTRUCTION PROGRAM. BIA Reauthorization The following action was taken in connection with the Business Improvement Area (BIA) reauthorization: Approved Report The annual report for Fiscal Year 1997-98 was approved. Adopted Resolution Resolution 98-34 was adopted: A RESOLUTION OF THE 98-34, for BIA CITY COUNCIL OF THE CITY OF COSTA MESA, Assessment, Set CALIFORNIA, ON THE INTENTION TO LEVY AN ANNUAL Hearing for ASSESSMENT FOR FISCAL YEAR 1998-99 FOR A May 18, 1998 BUSINESS IMPROVEMENT AREA FOR CITY OF COSTA MESA HOTELS AND MOTELS, finalizing boundaries for the Assessment District, approving the budget, and setting a public hearing on May 18, 1998, at 6:30 p.m. A communication was received from Ed Fawcett, President of the Costa Mesa Chamber of Commerce, 1700 Adams Avenue, Suite 101, Costa Mesa, encouraging Council to adopt the resolution finalizing the boundaries for the Business Improvement Area. Adopted Resolution Resolution 98-35 was adopted: A RESOLUTION OF THE 98-35, Donation of CITY COUNCIL OF THE CITY OF COSTA MESA, Police Uniforms to CALIFORNIA, FOR DONATION OF SURPLUS POLICE Tijuana, Mexico UNIFORMS TO THE CITY OF TIJUANA, MEXICO, POLICE DEPARTMENT. Submittall of Street Item No. 7 on the Consent Calendar was presented: Rehabilitation Resolution approving submittal of street rehabilitation Improvements improvement projects to OCTA. Council Member Cowan Projects to OCTA stated that she would abstain from voting on this item due to the proximity of several of the projects to her home. On MOTION/Adopted motion by Council Member Erickson, seconded by Council Resolution 98-36 Member , Somers, and carried 3-0, Council Member Cowan abstaining, Resolution 98-36 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING SUBMITTAL OF STREET REHABILITATION IMPROVEMENT PROJECTS TO . THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. PUBLIC HEARING The Deputy City Clerk announced the public hearing, Fees for Massage continued form the meeting of April 20, 1998, to consider a Establishments and resolution establishing and adopting schedules of rates, fees, Practitioners and charges, fore, services by the City of Costa Mesa, pertaining to massage establishments and practitioners, effective June 4, 4998. The Budget and Research Officer reviewed the Agenda Report dated April 24, 1998. Kelly Gast, 666 Baker Street, No. 101, Costa Mesa, owner of the Body Centre, supported the massage practitioners' examination which is administered by the Police Department, and reported that her employees have all obtained a massage permit. ;She asked Council to consider lowering the massage practitioners' fees to a more affordable level. Ms. Gast responded to questions from Council by reviewing the current fees, which are approximately $420.00, and addressing the problems of persons who cannot obtain a permit. The Police Lieutenant added ;that a medical examination is required for the original permit and for each renewal. He explained that the fees collected by. the City are in payment for expediting fingerprints with the Department of Justice, the practitioner permit, and the. test. The Budget and Research Officer clarified that the fees outlined in the Agenda Report are for cost recovery only. Pat Edwards, Kneaded Touch Therapeutic Massage, 1670 Santa Ana Avenue, Suite E, Costa Mesa, supported working with the . Police Department and keeping the fees affordable. There being no other speakers, the Mayor Pro Tem closed the public hearing. ZG3 MOTION/Adopted On motion by Council Member Erickson, seconded by Council Resolution 98-37 Member Somers, and carried 4-0, Resolution 98-37 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. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Rehearing of PA -98- place set for the public hearing to rehear Planning Application 02, Neron Ltd. PA -98-02, Neron Ltd., 16835 Algonquin Street, Suite 301, Huntington Beach, for a conditional use permit to allow automobile heating, electrical, and air conditioning repair within 200 feet of a residential zone, and for retail sales of automobiles in the redevelopment area, located at 524-A West 19th Street in a C2 zone. Environmental Determination: Negative Declaration.- The Affidavits of Publishing and Mailing are on file in the City Clerk's office. The request was denied by the City Council on March 16, 1998. A communication was received from Bernadette Abels, Property Manager and Authorized Agent for Neron Ltd., requesting a two-week continuance. MOTION On motion by Council Member Erickson, seconded by Council Continued to Member Somers, and carried 4-0, the public hearing was June 1, 1998 continued to the meeting of June 1, 1998. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Appeal of PA -98-14, place set for the public hearing to consider an appeal of the Smith/Instorage Planning Commission's denial of Planning Application PA -98- 1.4, from Gary Smith, Instorage, 22431-13160 Antonio Parkway, Rancho Santa Margarita, for a conditional use permit for a 402 -unit, 47,161 -square -foot mini -warehouse project without a resident manager; with Specific Plan conformity review to reduce the interior side and rear setbacks (19 to 36 feet required, 0 to 38 feet proposed) within the Newport Boulevard Specific Plan area, on the former Lloyd's Nursery site, 2038 Newport Boulevard in a C1 zone. Environmental Determination: Negative Declaration. Planning Commission recommendation for the Newport Boulevard Specific Plan economic analysis. Planning Commission recommendation regarding "Landbanking", that City Council investigate the feasibility of purchasing properties in the Newport Boulevard Specific Plan area to preserve options for future lot combinations. The Affidavits of Publishing and Mailing are on file in the City Clerk's .office. A Development Proposal was received from the applicant. The Associate Planner summarized the Agenda Report dated April 24, 1998. Gary Smith, 22431-6160 Antonio Parkway, Rancho Santa Margarita, agreed with the conditions of approval as contained in the Agenda Report, and stated that he will modify his landscaping plans to meet any City requirements. He reviewed the transformation of the self -storage business from its inception to the current high -standard, with high-tech security, aesthetically pleasing designs, professionally managed, and customer convenience. .364 Bruce Jordan, Jordan Architects, Inc., 34700 Pacific Coast Highway, Suite 203, Capistrano Beach, indicated that adjacent residential land uses were taken into consideration in placement of the !buildings, referring to acoustical buffering, shielding of light, and removal of vehicular traffic. He reported that the 'self -storage provides a service to both the business community, and to residents. Phillip Schwartze, 31682 EI Camino Real, San Juan Capistrano, planner for the project, stated that the self - storage will help revitalize the area with minimum infrastructure impacts, and will set a new standard for maintenance and upkeep. ., He noted that the hours of operation are compatible with the area, and new architectural and landscape standards will be established. The following persons spoke in support of the project: Linda Lee Grau, 24 MoIrning Dove, Irvine; Evelyn Hart, 49 Balboa Coves, Newport Beach; Lloyd Shaver, 153 Tulip Lane, Costa Mesa, current owner of the subject property and President of Lloyds Nursery and Landscape Company, Inc.; and Kelly Jenkins, 124 Melody Lane, Costa Mesa. The following persons opposed the project at this. location: Robert .Graham, 3260 Dakota Avenue, Costa Mesa; Peggy Penjoyan, 17321 Rob Roy Circle, Huntington Beach, owner of property at 2000 and 2016 Newport Boulevard; and Jerry Palanjian, 603 Kings Road, Newport Beach, owner of properties at 1970, 1974, 1982, 1984, and 1996 Newport Boulevard. There being no other speakers, the Mayor Pro Tem closed the public hearing. MOTION/Adopted A motion was made by Council Member Erickson, seconded Resolution 98-38 by Council Member Cowan, and carried 4-0, to adopt Approving PA -98-14 Resolution 98-38,, A' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -98-14, subject to Conditions of Approval contained in Exhibit "B" of the resolution, and based on staff's'analysis and findings on Page 9 of the Agenda Report, with Finding A modified as follows: "The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(2) in that the proposed use is in accord with the Newport Boulevard Specific Plan, with the intent that it does increase traffic to the site, it does buffer the residential neighborhood to the east of the site, it does bring in a destination business which is shown in the Specific Plan to succeed, and it brings revitalization into the neighborhood." Council Member Cowan supported the motion, stating that although the self -storage image does not appear to be conducive to neighborhood compatibility, revitalization, and so forth, that the design of this project appears to protect residential areas, land will generate sufficient traffic to assist in stimulating economic activity in the area. Council Member Somers was concerned about the direction of businesses on Newport Boulevard, and proposed a meeting between Council and staff to determine a plan for development. She supported the motion because the project is well-designed and compatible with the neighborhood. Mayor Pro Tem Monahan, supported the motion because he felt that there is a property rights issue involved. He agreed that the project is compatible with the Newport Boulevard Specific Plan. MOTION A motion was made by Council Member Erickson, seconded Rejected Economic by Council Member Somers, and carried 4-0, to reject the Analysis Planning Commission recommendation for the Newport Boulevard Specific Plan economic analysis. Council Member Erickson stated that an economic analysis would cost approximately $40,000.00, and did not believe there was a need to hire a consultant to this end. He felt that a free market would determine the results. Mayor Pro Tem Monahan concurred, commenting that the matter is best handled by the property owners. MOTION/Rejected A motion was made by Council Member Erickson, seconded Landbanking by Council Member Cowan, and carried 4-0, to reject the Planning Commission recommendation regarding "Land - banking". At the request of Council Member Cowan, the City Manager stated that he will arrange for the Planning staff to discuss layout issues and concerns regarding the Newport Boulevard Specific Plan at a Planning Commission study session, and have the findings brought forward to Council. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Hazardous Materials place set for the public hearing to consider a resolution Fees establishing and adopting schedules of rates, fees, and charges, for services by the City of Costa Mesa, for the Hazardous Materials Program, effective June 4, 1998. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The City Manager announced that he had requested, that this item be withdrawn in order to allow staff time to refine the proposed fees and to discuss them with members of the business community. There being no speakers, the Mayor Pro Tem closed the public hearing. MOTION/Withdrawn On motion by Council Member Erickson, seconded by Council Member Somers, and carried 4-0, this item was withdrawn. OLD BUSINESS The Deputy City Clerk presented from the meeting of April Curfew for Minors 20, 1998, second reading and adoption of Ordinance 98-12, pertaining to curfew for minors. Linda Lee Grau, 24 Morning Dove, Irvine, commented on the ordinance. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Ordinance 98-12 Member Somers, and carried 4-0, Ordinance 98-12, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER III OF TITLE 11 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO CURFEW ON MINORS, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented a request to appoint Traffic .Impact Fee members to the Traffic Impact Fee Ad Hoc Committee. The Ad Hoc Committee Management Analyst summarized the Agenda Report dated April 28, 1998.! A communication was received from Lawrence Jones; 575 West 19'h Street, No. D-237, Costa Mesa, expressing his interest in being appointed to the committee. MOTIOIN/Appointed A motion was made by Mayor Pro Tem Monahan, seconded Members by Council Member Erickson, and carried 4-0, to make the following appointments to the committee: Kerry Smith, small developer representative (under 30 acres); Ed Fawcett, Chamber of Commerce representative; Roy Andreen, homeowner association representative; Walt Davenport, Planning Commission representative; Lawrence Jones, member at large; and Mayor Pro Tem Monahan as Council liaison. NEW BUSINESS The Deputy City Clerk presented an ordinance relating to Close Out Sales permits_ for close' out sales. The City Attorney reviewed his Permits Report'No. 98-32 dated April 23, 1998. MOTION On motion by Council Member Somers, seconded by Council Ordinance 98-13 Member Erickson, and carried 4-0, Ordinance 98-13, AN Given First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA; TO REPEAL ARTICLE 7 OF CHAPTER 11, TITLE 9, OF THE COSTA MESA MUNICIPAL CODE RELATING TO CLOSE OUT SALES PERMITS, was given first reading and passed to second reading. CITY A'TTORNEY'S The City, Attorney presented a resolution approving an REPORT/Trust amendment to the trust agreement for 1997 Public Parking Agreement, Center Refunding Project with Center Tower Associates, LLC, and Tower Associates reviewed Report No. 98-31 dated April 28, 1998. MOTION/Adopted On motion by Council Member Somers, seconded by Council Resolution 98-39 Member Cowan, and carried 4-0, Resolution 98-39 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AN AMENDMENT TO THE TRUST AGREEMENT FOR 1997 PUBLIC PARKING REFUNDING PROJECT WITH CENTER TOWER ASSOCIATES, LLC. COUNCIL Council Member; Cowan thanked the members of the COMME=NTS Advisory Committee for Teens (A.C.T.) and other teenagers A.C.T. ,Assistance who helped with the Neighbors-for-Ndighbors Cleanup. Neighbors -for- Council Member Erickson commented that less monies had Neighbors been expended on the festival after the Neighbors -for - Neighbors event, and felt that it was quite adequate. St. Joachim Mayor Pro Tem Monahan invited residents to the annual St. Carnival Joachim Carnival to be held on May 15, 16, and 17, 1998. 1 1 1 ADJOURNMENT 1 1 S The Mayor Pro Tem declared the meeting adjourned at 8:05 p.m. Mayor of the City of Cot esa ATTEST: Deputy City Cle of the City of Costa Mesa L` Y