HomeMy WebLinkAbout06/01/1998 - City CouncilREGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
JUNE 1, 1998
The City Council of the City of Costa Mesa, California, met in
regular session June 1, 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 Pastor Cliff Rapp, Orange Coast
Free Methodist 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
Acting Public Services Director
Larry Arruda
Community Services Director
Keith Van Holt
Assistant to the City Manager
Ann Shultz
Senior Planner Tamara Campbell
Associate Planner Gabriel Elliott
Deputy City Clerk Mary Elliott
MINUTES On motion by Council Member Erickson, seconded by Council
May 18, 1998 Member Somers, and carried 5-0, the minutes of the regular
meeting of May 18, 1998, were approved as distributed.
ORDINANCES AND A motion was made by Council Member Erickson, seconded
RESOLUTIONS by Council Member Somers, and carried 5-0, to read all
ordinances and resolutions by title only.
PRESENTATION Jim Silva, representing the Orange County Board of
Costa Mesa Safety Supervisors 2"d District, presented Mayor Buffa with a
Ranking proclamation commending the Costa Mesa Police Department
on their role in making the City 32"d among the 50 safest
cities in the nation with a population over 100,000.
ORAL COMMUNI- Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, reported on
CATIONS a meeting sponsored by the Latino Business Council, held at
West Side Specific EI Ranchito Restaurant, 2101 Placentia Avenue, Costa Mesa,
Plan on Thursday, April 28, 1998, where the West Side Specific
Plan was discussed. He suggested incorporating the Regional
Urban Design Assistance Team (RUDAT) concept into the
Supervisor Silva new study. Mr. Pizarek was pleased Supervisor Silva was
attending a Costa Mesa City Council meeting for the first time
during his four-year term. He proposed that Supervisor Silva
adopt a proactive role and participate in the west side study.
Chuck Huddleston, 202 Princeton Drive, Costa Mesa,
expressed surprise that Supervisor Silva had chosen the day
prior to an election to make a presentation to City Council.
South Coast Drive Sandy Genis, 1586 Myrtlewood Street, Costa Mesa, thought
Left -Hand Turn that the westbound South Coast Drive turn onto southbound
Harbor Boulevard required expansion to two -lanes. The
Silva Presentation Acting, Public 'Services Director responded that the
intersection at South Coast Drive and Harbor Boulevard is
being studied by; the Transportation Division. She rebutted
comments in a memorandum from the City Attorney dated
June 1, 1998, which addressed Supervisor Silva's
presentation, by: pointing out the difference between oral
communications and an item placed on the agenda. She felt
that the Mayor should not have allowed the presentation the
evening prior to an election.
Establishment of John Feeney, 1154 Dorset Lane, Costa Mesa, asked about
Arts Commission the recently approved Arts Commission, and was informed by
Mayor Buffa that the motion had been to investigate the
possibility of establishing a commission. The City Manager
clarified that Council will be considering the past history of
the Cultural Arts Committee, and will address the issues
involved in forming an arts commission. The City Manager
promised to keep' Mr. Feeney informed on the progress of this
matter.
CONSENT The following items were removed from the Consent
CALENDAR Calendar: Item No. 1, Reading Folder, second item, Alcoholic
Beverage Licenses; and Item No. 6, Award contract for
Construction of the Costa Mesa Soccer Complex to Terra -Cal
Construction, Inc., and Budget Adjustment No. 98-72 for
$936,840.00.
MOTION/Approved On motion by Council Member Erickson, seconded by Council
Except Item Nos. 1 Member Cowan,; and carried 5-0, the remaining Consent
and 6 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: John M.
Culbertson; Brandi Gardner; Christopher Jones; Debora L.
Lloyd; Frank and Elsie Pirkel; Sharon Ragona; and Alice M.
South.
Public Utilities Notice that Southern California Gas Company has filed
Commission Application No. A.98-05-018 with the Public Utilities
Commission requesting recovery of shareholder incentives
for certain 1996 and 1997 emergency conservation
program accomplishments.
Notice that Pacific Bell filed an application with the Public
Utilities Commission for pricing flexibility and to increase
prices of certain operator services, to reduce the number
of monthly directory assistance call allowances, and to
adjust prices for four Centrex optional features.
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WARRANTS The following .warrants were approved: Warrant Resolution
Approved Warrant 1694, funding City operating expenses for $397,641.01,
1694/Payroll 9810; Payroll 9810 for $1,393;338.37; and Warrant Resolution
and Warrant 1695 1695, funding City operating expenses for $628,400.24.
DENIED CLAIMS The following claims were denied:
Coulter Claim from Michael R. Coulter (alleged City interference
with tow truck operations).
Tocher Claim from Patrick P. Tocher (alleged City interference
with tow truck operations).
ADMINISTRATIVE Bids received for Sunflower Avenue Improvements from
ACTIONS/Awarded Harbor Boulevard to Bear Street, Project No. 98-05, are on
Sunflower Avenue file in the City Clerk'.s office. The contract was awarded to
Improvements to R. J. Noble Company, 15505 East Lincoln Avenue, Orange,
R. J. Noble for $1,896,205.60.
Accepted Work by The 191`' Street/Anaheim Avenue Storm Drain Relief System,
W. A. Rasic for 191h/ Project No. 97-21, Federal Project No. RENSTPL-5312(020),
Anaheim Storm was completed to the satisfaction of the Public Services
Drain System, Director on May 19, 1998, by W. A. Rasic Construction
Project No. 97-21 Company, Inc., 511 South First Avenue, Suite 230, Arcadia.
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 Fairview Road Rehabilitation from the Paularino Channel to
R. J. Noble for the End of the Curb Return North of Baker Street, Project No.
Fairview Road 97-22, Federal Project No. STPLMA-5312(016), was
Rehabilitation, completed to the satisfaction of the Public Services Director
Project No. 97-22 on May 4, 1998, by R. J. Noble Company, 15505 East
Lincoln Avenue, Orange. 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.
Traffic Signal Modi- The following action was taken regarding Traffic Signal
fication Modification at Fair Drive and Vanguard Way, Project No.
98-06:
Relieved Pro Tech Pro Tech Engineering Corporation, 3855 East La Palma
Engineering of Avenue, Suite 127, Anaheim, was relieved of its bid
Bid Proposal proposal pursuant to provisions of the Public Contract
Code.
Awarded contract The contract was awarded to TDS Engineering, 2899
to TDS Engineering Agoura Road, Suite 171, Westlake Village, for
$19,277.00.
Airborne Law Regarding the Airborne Law Enforcement Services Agency
Enforcement (ABLE), the following action was taken:
Agency
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Adopted Resolution Resolution 98:-45 was adopted: A RESOLUTION OF THE
98-45 CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA,: TO AUTHORIZE OR RATIFY ACTION BY
THE COSTA MESA POLICE CHIEF TO EXTEND
AGREEMENT FOR HELICOPTER MAINTENANCE FOR THE
ORANGE COUNTY SHERIFF CORONER DEPARTMENT,
approving the second amendment to Agreement No.
N000000063 and extending the agreement to July 31,
1998.
Adopted Resolution Resolution 98; 46 was adopted: A RESOLUTION OF THE
98-46 CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA,; TO ASSIGN THE LEASE WITH AMR
COMBS, INC., 19301 CAMPUS DRIVE, SANTA ANA,
FOR COMMERCIAL AIRCRAFT FACILITY TO THE
AIRBORNE LAW ENFORCEMENT SERVICES AGENCY,
specifically, the aircraft facility at John Wayne Airport.
Approved Final Map The Final Map was approved for Tract No. 15570, located at
for Tract No. 2865 Fairview Road; 34 lots for construction of 34 single-
15570/William Lyon family homes, and '5 lots for parking and open common
Homes space, totaling 3:.97 acres; developer William Lyon Homes,
Inc., 4490 Von Xarman Avenue, Newport Beach; and the
Deputy' City Clerk was authorized to sign the map on behalf
of the City.
Measure "M" Eligi-
bility/1998-99 The following action was taken for Measure "M" Eligibility:
Approved Mainte- The Maintenance of Effort for Fiscal Year 1998-99 was
nance of Effort approved.
Approved Improve- The Seven-year Measure "M"/Capital Improvement
ment Program Program was approved.
Approved Pavement The Pavement Management Plan was approved.
Management Plan
Resolution 98;47 was adopted: A RESOLUTION OF THE
Adopted Resolution CITY COUNCIL OF THE CITY OF COSTA MESA,
98-47 CALIFORNIA, CONCERNING THE STATUS OF THE
CIRCULATION' ELEMENT FOR THE CITY OF COSTA
MESA.
Accepted Work by Street improvements at 3131 Harbor Boulevard were
Brubaker for 3131 completed to the'satisfaction of the Public Services Director
Harbor Boulevard, by Gary Brubaker, 3002 EI Camino Real, Tustin, in
Encroachment connection with Encroachment Permit No. 14648. The work
Permit 14648 was accepted, and refund of the $14,000.00 deposit was
approved.
READING FOLDER Item No. 1 on the Consent Calendar was presented: Reading
Alcoholic Beverage Folder,- second 1terin, Alcoholic Beverage Control (ABC)
Licenses license request for 7 -Eleven, 2150 Placentia Avenue, for a
person=to-person ;transfer of a Type 20 ABC license (off -sale
beer and wine). ; Council Member Somers stated that there
are questions regarding the history of the 7 -Eleven store
which are unanswered, for example were there any violations
of the provisions !of the Alcoholic Beverage Control Act. She
also cited 48 service calls to the Police Department in one
year.
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MOTION/Received On motion by Council Member Somers, seconded by Council
and Processed Member Cowan, and carried 5-0, the ABC license was
received and processed.
Construction of the Item No. 6 on the Consent Calendar was presented: Award
Costa Mesa Soccer contract for Construction of the Costa Mesa Soccer Complex
Complex to Terra -Cal Construction, Inc., 14530 Joanbridge Street,
Baldwin Park, for $1,594,610.71; and Budget Adjustment
PRO No. 98-72 for $936,840.00. Robert Graham, '3260 Dakota
Avenue, Costa Mesa, noted an absence of bicycle trails
IL-1 throughout the soccer complex, and stated that all pedestrian
traffic would be required to use an 8 -foot walkway. He
suggested widening the path to at least 12 feet. Mayor Buffa
asked the Community Services Director to confer with Mr.
MOTION/Awarded Graham on this subject. On motion by Council Member
to Terra -Cal; Somers, seconded„by Council Member Erickson, and carried
Approved Budget 5-0, the contract award and Budget Adjustment No. 98-72
Adjustment 98-72 were approved.
PUBLIC HEARING The Deputy City Clerk announced the public hearing,
Rehearing of PA -98- continued from the meeting of May 4, 1998, for a rehearing
02, Neron Ltd. concerning City Council's denial of Planning Application 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 19t' Street in a C2 zone. Environmental Determination:
Negative Declaration. Communications were received from
Bernadette M. Abels, BMA Consulting (Real Estate
Management), 16835 Algonquin Street, Suite 301,
Huntington Beach, stating that car repairs are not being done
by the applicant at the 524-A West 19t' Street property; and
Cameron James Quinn, 3355 Via Lido, Suite 365, Newport
Beach, supporting the applicant's request for a conditional
use permit. The Deputy City Manager reviewed the Agenda
Report dated May 20, 1998, with the aid of a site plan. The
Associate Planner responded to questions from Council.
Bernadette M. Abels, BMA Consulting, 16835 Algonquin
Street, Suite 301, Huntington Beach, reported that she was
in possession of two petitions in favor of the application, one
from business owners in the area and one from residents of
the adjacent trailer park. She noted that the business
specializes in automotive electrical and air conditioning repair,
but pneumatic tools are not used. Ms. Abels reported that
Games Plus, another tenant in the building, is open until 1:00
a.m. or 2:00 a.m., which may cause the loitering in the
alleyway. She addressed the fence in the alley which the
applicant installed to alleviate problems with homeless
persons.
Carol Mullet, 525 Fairfax Drive, No. 39, Costa Mesa, was
concerned about noise pollution, additional lighting, and the
8:00 a.m. to 5:00 p.m. operational hours which she did not
believe would be honored. She stated that the fence in the
alley is within 30 feet of the back windows to her apartment,
and did not believe that all the repair work would be done
inside the building.
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Robert Graham, 3260 Dakota Avenue, Costa Mesa, proposed
that the. connection of 19' Street to Huntington Beach would
attract more upscale businesses.
John Yao, 522 West 19" Street, Costa Mesa, a new tenant
in the building, apologized for the noise generated while
improving the premises. He supported retaining the fence in
the alley.
There being no other speakers, the Mayor closed the public
hearing.
Council, Member Cowan observed that the fenced parking
spaces violated the shared parking requirements for the
center. 'The Deputy City Manager responded that in common
area parking, fencing is typically not allowed, and Condition
of Approval No. 9 reads, "The chain-link fencing at the rear
of the 'unit shall, be removed under the direction of the
Planning Division." Ms. Abels clarified for Council Member
Cowan that the floor plan proposes auto repair in the rear 60
percent of the building (towards the alley), and auto sales in
the front 40 percent of the building (towards West 19th
Street) .
Antonio Caselini, 2901 West Pacific Coast Highway, Newport
Beach, stated that the roll -up door in the building was
installed prior to his taking possession of the property.
MOTION/To A motion was made by Mayor Pro Tem Monahan, seconded
Approve PA -98-02 by Mayor Buffa, to approve Planning Application PA -98-02,
including the Conditions of Approval on Page 9 of the Agenda
Report, 'directing staff to work with the applicant to modify
Condition No. 9 so there is a mutually agreed decision on the
fence.
Council Member Somers opposed the motion because the
City's intent is to upgrade the redevelopment area, and also
disapproved of the applicant erecting an illegal fence. She
objected to approving any additional automobile repair shops
in this area. Mayor Buffa supported the motion because the
use is a dramatic improvement over the current use. Council
Member Erickson ;opposed the motion because the overhead
door is too close to the residential trailers along the alleyway.
Council Member; Cowan opposed the motion because
automobile repair is: discouraged in the redevelopment area;
she felt that the width of the alley did not protect the
residents; and she objected to the alley fencing interfering
with the parking: requirements. Mayor Pro Tem Monahan
commented that the business owner is willing to invest in this
area of the City, and he' supported the application. Council
Member Somers noted that it is customary to obtain a
conditional use permit prior to making improvements.
SUBSTITUTE A substitute motion was made by Council Member Somers,
MOTION/Adopted seconded by Council Member Erickson, and carried 3-2,
Resolution 98-48 Council Members' Bu'ffa and Monahan voting no, to adopt
Denying PA -98-02 Resolution 98-48,. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ;COSTA MESA, CALIFORNIA, DENYING
PLANNING APPLICATION PA -98-02.
Antonio Caselini, 2901 West Pacific Coast Highway, Newport
Beach, rebutted that he had obtained the proper permits.
PUBLIC HEARING The Deputy City Clerk announced that this was the time and
Appeal of PA -98-25, place set for the public hearing to consider an appeal of the
Chan Planning Commission's denial of Planning Application PA -98-
25 from Eugene K. Chan, 16 Rainstar, Irvine, authorized
agent for Steve E. Eaton, 1101 Ebbtide Road, Corona del
Mar, for construction of a two-story, 14,735 -square -foot
storage facility with 150 storage cubicles, with Newport
Boulevard Specific Plan conformity review, located at 2458
Newport Boulevard, in a C1 zone. Environmental
Determination: Negative Declaration. The Affidavits of
Publishing and Mailing are on file in the City Clerk's office. A
report was received from Eugene Chan describing the
operation of the proposed storage business. The Deputy City
Manager summarized the Agenda Report dated May 20,
1998, presenting an overhead view of the project. The
Associate Planner responded to questions from Council.
Eugene Chan, reviewed the project design using site
drawings, and noted that the color and design of the
buildings are complementary to other structures on Newport
Boulevard. He read a letter from the owner of Costa Mesa
Village, an adjacent single -room -occupancy hotel, indicating
their approval of the security system, the gate access, low
volume of traffic expectancy, and minimal noise. He also
mentioned several additional letters of support. Mr. Chan
stated his intention to comply with the Conditions of
Approval and Code Requirements.
John Pedicini, J & P Development, 350 East 17th Street,
Costa Mesa, replied to Mayor Pro Tem Monahan by stating
that the subject property has been under contract five
different times with five separate buyers, and indicated that
the property had been for sale for approximately five years.
Mr. Pedicini reported that Newport Boulevard has been
negatively impacted by the freeway, and supported approval
of the storage units which he felt were suitable for the area.
William Crawford, representing Costa Mesa Village, 2450
Newport Boulevard, Costa Mesa, supported the storage
facility and could not identify any problems associated with
the project. He mentioned the storage problems at the
Village which he thought the new units might alleviate.
Robert Graham, 3260 Dakota Avenue, Costa Mesa, opposed
the application, and suggested constructing the storage
facility in a warehouse -type area. There being no other
speakers, the. Mayor closed the public hearing.
During discussion, Council Member Cowan noted that a
variance is not required.
MOTION/Adopted On motion by Mayor. Pro Tem Monahan, seconded by Council
Resolution 98-49 Member Cowan, and carried 5-0, Resolution 98-49 was
Approving PA -98-25 adopted: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, APPROVING
PLANNING APPLICATION PA -98-25, adding that the project
does not require a variance; however, if a variance were
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required, Council action would be necessary, and differences
such as driveway widths, landscaping, etc., should be
worked out at a staff level.
Council Member Somers supported the motion and asked the
City Manager to 'arrange a future joint meeting with the
Planning Commission to discuss a direction for Newport
Boulevard businesses. Council Member Cowan encouraged
arranging the above-mentioned joint meeting.
RECESS The Mayor declared a recess at 8:25 p.m., and reconvened
the meeting at 8:3;5 p.m.
PUBLIC HEARING The Deputy City Clerk announced that this was the time and
Rezone Petition place set for the ;public hearing to consider Rezone Petition
R-98-01, City of R-98-01,, City of ;Costa Mesa, to rezone property at 1901
Costa Mesa Newport Boulevard from C1 (Local Business District) to PDC
(Planned Development Commercial), located in the Downtown
Redevelopment Project area. Environmental Determination:
Exempt. The Affidavit of Publication is on file in the City
Clerk's office. No communications were received. The
Deputy City Manager reviewed the Agenda Report dated May
12, 199'8.
Robert Graham, 3260 Dakota Avenue, Costa Mesa,
suggested that Bernard Street be continued onto the Newport
Boulevard frontage road to allow improved access to the
property.
MOTION On motion by Council Member Erickson, seconded by Council
Ordinance 98-17 Member Cowan, and carried 5-0, Ordinance 98-17, AN
Given First Reading ORDINANCE OF !THE CITY COUNCIL OF THE CITY OF
COSTA' MESA, CALIFORNIA, REZONING 1901 NEWPORT
BOULEVARD FROM C1 TO PDC BY ADOPTION OF REZONE
PETITION R-98-01, was given first reading and passed to
second reading.
PUBLIC HEARING The Deputy City Clerk announced that this was the time and
Annexation No. place set for the public hearing to consider City of Costa
97-02 (LAFCO No. Mesa Annexation: No. 97-02, Local Agency Formation
RO 97-20), Olympic Commission (LAFCO) No. RO 97-20, Olympic Avenue and
Avenue portions of the !Interstate -405 Freeway right-of-way City
boundary adjustment:
Resolution approving and ordering the reorganization and
annexation to ;the City of Costa Mesa territory known and
designated as !Olympic Avenue.
Resolution accepting all public streets located within the
Olympic Avenue, annexation boundary area as City
streets, in conjunction with City Annexation No. 97-02
(LAFCO No. RO 97-20).
The Affidavit of Publication is on file in the City Clerk's office.
No communications were received. The Deputy City
Manager reviewed the Agenda Report dated May 20, 1998.
There being no speakers, the Mayor closed the public
hearing.
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MOTION/Adopted On motion by Council Member Somers, seconded by Council
Resolutions 98-50 Member Cowan, and carried 5-0, the following action was
and 98-51 taken:
Resolution 98-50 was adopted: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, APPROVING AND ORDERING THE
REORGANIZATION AND ANNEXATION TO THE CITY OF
COSTA MESA KNOWN AND DESIGNATED AS OLYMPIC
AVENUE RO 97-20.
Resolution 98-51 was adopted: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ACCEPTING ALL PUBLIC STREETS
LOCATED WITHIN THE OLYMPIC AVENUE ANNEXATION
BOUNDARY AREA AS CITY STREETS, IN CONJUNCTION
WITH ANNEXATION NO. 97-02, OLYMPIC AVENUE,
(LAFCO REORGANIZATION APPLICATION RO 97-20).
PUBLIC HEARING The Deputy City Clerk announced that this was the time and
Landscaping place set for the public hearings to consider the following:
Assess-
ment District Nos. Resolution levying an assessment for fiscal year 1998-
1 and 2 1999 within City of Costa Mesa Landscaping Assessment
District No. 1.
MOTION/Adopted On motion by Mayor Pro Tem Monahan, seconded by Council
Resolutions 98-52 Member Cowan, and carried 4-1, Council Member Erickson
and 98-53 voting no, the following action was taken:
Resolution 98-52 was adopted: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL
YEAR 1998-1999 WITHIN CITY OF COSTA MESA
LANDSCAPING ASSESSMENT DISTRICT NO. 1, TRACTS
9901 AND 1201.1, LOCATED SOUTH OF SUNFLOWER
AVENUE AND EAST OF SMALLEY ROAD, assessing
$43.44 per lot.
Resolution 98-53 was adopted: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL
Resolution levying an assessment for fiscal year 1998-
1999 within City of Costa Mesa Landscaping Assessment
District No. 2.
The Affidavits of Publishing and Mailing are on file in the City
Clerk's office. Communications protesting District No. 1
were received from Daniel Werner, owner of property at
1026 Secretariat Circle; Nhiep Tang, 1006 Begonia Avenue;
Joseph Tuyen Dinh, 1010 Begonia Avenue; T. H. Bauer,
1014 Begonia Avenue; Theodore Yap, 1010 Cannonade
Circle; Frank J. and Barbara J. Heller, 1014 Cannonade
Circle; Rex Hardesty, 1002 Poppy Circle; and Maureen G.
Tierney, 1022 Begonia Avenue. There were no
communications regarding District No. 2. The Community
Services Director summarized the Agenda Report dated May
14, 1998. There being no speakers, the Mayor closed the
public hearings.
MOTION/Adopted On motion by Mayor Pro Tem Monahan, seconded by Council
Resolutions 98-52 Member Cowan, and carried 4-1, Council Member Erickson
and 98-53 voting no, the following action was taken:
Resolution 98-52 was adopted: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL
YEAR 1998-1999 WITHIN CITY OF COSTA MESA
LANDSCAPING ASSESSMENT DISTRICT NO. 1, TRACTS
9901 AND 1201.1, LOCATED SOUTH OF SUNFLOWER
AVENUE AND EAST OF SMALLEY ROAD, assessing
$43.44 per lot.
Resolution 98-53 was adopted: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL
390
YEAR 1998-1999 WITHIN CITY OF COSTA MESA
LANDSCAPING ASSESSMENT DISTRICT NO. 2, TRACT
10513, LOCATED AT THE NORTHWEST CORNER OF
BEAR STREET, AND THE CORONA DEL MAR FREEWAY,
assessing $104.61 per lot; said assessments do not
include tree trimming costs; the expenditure of the funds
shall be directed -towards needed capital improvements
within each district; and the City Attorney is directed to
pursue dedication to the City of these landscaped areas
so that the City will own and maintain this area in the
future and this will be the last year of the assessment
districts.
Council Member Erickson opposed the motion, believing that
the responsibility; to maintain the land should not be
transferred from': the property owners to Costa Mesa
taxpayers.
OLD BUSINESS The Deputy City Clerk presented from the meeting of May
Business Improve- 18, 1998, second reading and adoption of Ordinance 98-14,
ment Area to levy an annual assessment for a Business Improvement
Area.
MOTION/Adopted On motion by Council Member Cowan, seconded by Council
Ordinance 98-14 Member Somers,; and carried 5-0, Ordinance 98-14, AN
ORDINANCE OF ; THE CITY COUNCIL OF THE CITY OF
COSTA MESA, ' CALIFORNIA, TO LEVY AN ANNUAL
ASSESSMENT FOR FISCAL YEAR 1998-99 FOR A BUSINESS
IMPROVEMENT AREA FOR CITY OF COSTA MESA HOTELS
AND MOTELS, was given second reading and adopted.
OLD BUSINESS The Deputy City ;Clerk presented from the meeting of May
Skateboards in 18, 1998, second reading and adoption of Ordinance 98-15,
Public Parks relating to the regulation of riding skateboards in public parks.
MOTION/Adopted On motion by Council Member Somers, seconded by Council
Ordinance 98-15 Member Erickson, and carried 5-0, Ordinance 98-15, AN
ORDINANCE OF ; THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ADDING SECTION 12-21 TO
CHAPTER II OF TITLE 12 OF THE COSTA MESA MUNICIPAL
CODE RELATING: TO THE REGULATION OF RIDING OF
SKATEBOARDS IN PUBLIC PARKS, was given second reading
and adopted.
OLD BUSINESS The Deputy City ;Clerk presented from the meeting of May
Storage of Inopera- 18, 1998, second reading and adoption of Ordinance 98-16,
tive Vehicles on concerning the storage of inoperative vehicles on private
Private Property property. At the request of the Planning Commission, the
Deputy City Manager'showed photographs of covered, stored
vehicles.
MOTION/Adopted On motion by Mayor Pro Tem Monahan, seconded by Council
Ordinance 98-16 Member Erickson; and carried 3-2, Council Members Cowan
and Somers voting no, Ordinance 98-16, AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AMENDING SECTIONS 11-67 AND 13-86 OF
THE COSTA MESA MUNICIPAL CODE CONCERNING THE
STORAGE OF 'INOPERATIVE VEHICLES ON PRIVATE
PROPERTY, was given second reading and adopted,
modifying Page 1, Section 1(4), second line to read, ...under
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a commercially available, custom -fitted car (delete "or boat")
cover in good repair...".
Council Member Somers opposed the motion, declining to
have staff make the determination regarding the car covers.
She reported that several neighboring cities disallow
inoperative vehicles to be in view of the public, and felt that
Costa Mesa is being is too lenient. Council Member Erickson
felt that with a custom -fitted car cover, it would be difficult
to ascertain if a vehicle is operable or inoperable.
OLD BUSINESS The Deputy City Clerk presented renewal of Bus Shelter
Renewal of Bus Advertising Franchise Agreement (Bid Item No. 948) with
Shelter Advertising Eller Media Company, 1539 West Orangewood, Orange:
Agreement with
Eller Media
Resolution approving the Third Amended Franchise
Agreement for renewal of the bus shelter franchise with
Eller Media Company, for a five-year period, contingent
upon the full payment due to the City on the current
contract.
Adjustment in the minimum guaranteed compensation per
shelter from $95.00 to $103.00 per month, in
accordance with comparable increases in the consumer
price index for the first year of the new agreement; and
authorize the Public Services Director to make subsequent
increases annually in accordance with increases in the
consumer price index.
Additional locations for possible installation of bus
shelters incorporating advertising displays.
The Acting Public Services Director reviewed the Agenda
Report dated May 22, 1998. The City Attorney observed
that the content of the advertising is left to the discretion of
the franchisee. Mayor Buffa noted that the bus shelter
advertising companies maintain a good track record for self-
regulation.
MOTION On motion by Council Member Erickson, seconded by Council
Member Cowan, and carried 5-0, the following action was
taken:
Adopted Resolution Resolution 98-54 was adopted: A RESOLUTION OF THE
98-54 CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, APPROVING THE THIRD AMENDED
FRANCHISE AGREEMENT FOR RENEWAL OF THE BUS
SHELTER FRANCHISE WITH ELLER MEDIA COMPANY.
Approved Adjust- Adjustment in the minimum guaranteed compensation per
ment in Compensa- shelter was. approved, and the Public Services Director
tion was authorized to make subsequent increases.
Approved Additional Additional bus shelter locations incorporating advertising
Shelteres displays were approved.
NEW BUSINESS The Deputy City Clerk presented a request from C. J.
Banner Request, Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, to
Segerstrom install 30 banners on both sides of Bristol Street between
391
Sunflower Avenue and Interstate 405, from June 17 through
September 28, 1998; to promote an exhibition of the work of
California artist Mark DiSuvero. The Assistant to the City
Manager reviewed the Agenda Report dated May 21, 1998.
David Wilson, C. J. Segerstrom and Sons, announced that he
was in attendance to respond to questions.
MOTION/Approved A motion was made by Mayor Pro Tem Monahan, seconded
Request by Council Member Cowan, to approve the- request.
Council Member Somers opposed granting the installation for
104 days, stating'that 90 days should be sufficient.
Substitute Motion to A substitute motion was made by Council Member Somers,
Approve for 90 to allow Segerstrom ' and Sons to install the banners for 90
Days Died days. The substitute' motion died for lack of a second.
The original motion to approve the request carried 5-0.
CITY ATTORNEY'S The City Attorney presented, continued from the meeting of
REPORT/Cable May 18, 1998, an ordinance to provide updated minimum
Communications regulations for granting a non-exclusive franchise, and
System construction and, operations of a cable communications
system within the, City.
Bill Ruddell, Special Counsel, Richards, Watson & Gershon,
Attorneys at Law, 333 South Hope Street, 38th Floor, Los
Angeles, summarized the proposed ordinance by stating that
its purpose is to regulate cable television operators and other
telecommunications service providers in a competitive neutral
and non-discriminatory manner.
Del Heintz, General Manager of MediaOne, 200 Paularino
Avenue, Costa Mesa, concurred with the concepts contained
in the ordinance.
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Robert, Graham,. 3260 Dakota Avenue, Costa Mesa,
complained about the profusion of above -ground cables.
Mayor Buffa responded that the City has an active
undergrounding program for utility poles. The City Manager
reported on a current undergrounding project.
MOTION/Ordinance
On motion by Council Member Somers, seconded by Mayor
98-18 Given First
Pro Tem Monahan, and carried 5-0, Ordinance 98-18, AN
Reading
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ADOPTING A
TELECOMMUNICATIONS REGULATORY ORDINANCE AND
AMENDING IN ITS ENTIRETY CHAPTER 1 OF TITLE 19 OF
THE COSTA MESA MUNICIPAL CODE, was given first
reading and passed to second reading.
CITY MANAGER'S
The City Manager presented the 1998-1999 Budget, stating
REPORT
that the Budget will be available on Tuesday, June 2, 1998,
1998-1!399 Budget
at 8:00 a.m., in the City Clerk's office, and copies will also
be available at both libraries in the City. He announced the
following budget, hearings: Monday, June 8, 1998, 3:30
p.m. Study Session, City Hall Conference Room 1A;
Wednesday, June 10, 1998, 11:30 a.m., question and
answer, period fo;r employees and the public in the Council
Chambers; and Wednesday, June 10, 1998, 6:30 p.m., City
Hall Conference Room 1A. He reported that the budget is
balanced, does not require any tax increases, new taxes, or
new assessments, and focuses on the basics of local
government, public safety, parks and recreation, public
works, and planning, zoning, and building.
COUNCIL Council Member Cowan reported on her attendance at the
COMMENTS Lion's Club Fish Fry on Saturday, May 30, 1998.
Someone Cares Council Member Erickson stated that he and the City
Soup Kitchen Manager had lunch at the Someone Cares Soup Kitchen on
Friday, May 19, 1998, and noted that the soup kitchen has
instituted some of the measures required by the Police
Department, including the employment of a uniformed
security guard and the use of identification tags.
ADJOURNMENT The Mayor declared the meeting adjourned at 9:30 p.m.
C�,�7 cz, —
Mayor of the City of &69 Mesa
ATTEST:
T.
Deputy Ci Clerk of the City of Costa Mesa
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