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HomeMy WebLinkAbout10/19/1998 - City Council7 5 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA . OCTOBER 19, 1998 The City Council of the City of Costa Mesa, California, met in regular session October 19, 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 Mayor Pro Tem Monahan, and invocation by Pastor William Hemenway, Christ Lutheran 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 Park Superintendent Dave Alkema Budget & Research Officer Carol Jacobs Personnel. Manager Howard Perkins Fire Marshal Tom Macduff Battalion Chief Jim Ellis Operations Division Chief Ken Soltis Associate Planner Carol Proctor Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council October 5, 1998 Member Somers, and carried 5-0, the minutes of the regular meeting of October 5, 1998, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded by RESOLUTIONS Council Member Somers, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Rich Allum, member of the Orange County Chapter for Mothers Mothers Against Against Drunk Drivers (MADD) Advisory Committee, read a Drunk Drivers proclamation and presented awards to the following police (MADD) Awards officers in recognition of their Driving Under the Influence (DUI) arrest records: Senior Police Officers Larry Fettis, Robert Coash, Gerry Stukkie, Floyd Waldron, and Angelo Morgan; and Senior Police Officer Aaron Thomas and Police Sergeant Dennis Dickens who were not in attendance. Council Member Somers announced that Police Officer Tony Yannizzi will be honored at the MADD luncheon in November, 1998, in recognition of officers who have arrested more than 125 drunk drivers during a fiscal year. -t °76 ANNOUNCEMENT The Battalion Chief announced that on October 3, 1998, Commended the'; Mesa Verde Villas Homeowners Association, commended members of the Fire Department Honor Guard attended the 171h Council for rectifying the flooding problem on Iowa Street. Traffic Problems on Annual Fallen Firefighter Memorial Service at the National Fire Flower Street which stated that his residential street has become a Academy in Emmitsburg, Maryland, recognizing firefighters commercial thoroughfare because traffic is being diverted from who died in the line of duty. ORAL COMMUNI- Robert Graham, 3260 Dakota Avenue, Costa Mesa, spoke deliveries be made by way of 191h Street when the merchant is CATIONS/Extension about the City spending $190,000.00 to prepare the West Side of West 191h Street Specific Plan and not having the consultant include a study to Public Services Director. determine the economics of extending West 19th Street to Huntington State Beach. Mayor Buffa explained that the purpose of the Santa Ana River Crossings (SARX) Study is to look at the ramifications of removing the 19th Street bridge from the; Orange County Master Plan of Arterial Highways; and the consultant will include. findings on traffic impact in the West Side Specific Plan. Mesa North Home- Larry Weichman, 1175 Boise Way, Costa Mesa, representing owners Association Mesa North Community Association, asked for the opportunity Request for Pilot to present their ideas on starting a pilot program in the Mesa Security Patrol North neighborhoods to expand security patrol coverage and to Program discuss funding at a future City Council Study Session. Mayor Buffa referred Mr. Weichman to the City Manager's office. Community Clean- John Feeney, 1154 Dorset Lane, Costa Mesa, commented on up on Fillmore Way the; community clean-up that was held on October 10, 1998, in and Coolidge Ave- the, Fillmore Way and Coolidge Avenue area. He commended nue Area the; police officers and volunteers for their efforts. Genis Comments Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, read an excerpt from the Government Code as it pertains to the public records act and asked that reports be more readily available to the; public. Council Robert Mammano, 2922 Java Road, Costa Mesa, representing Commended the'; Mesa Verde Villas Homeowners Association, commended Council for rectifying the flooding problem on Iowa Street. Traffic Problems on Craig Miller, 119 Flower Street, Costa Mesa, presented a letter Flower Street which stated that his residential street has become a commercial thoroughfare because traffic is being diverted from 19`' Street and Fullerton Avenue to Flower Street due to the design of the Borders Books parking lot. He asked that truck deliveries be made by way of 191h Street when the merchant is in operation and that the parking lot be redesigned to alleviate traffic on Flower Street. Mayor Buffa referred Mr. Miller to the Public Services Director. Theodore Robins Tim Lewis, 2075 Harbor Boulevard, Costa Mesa, discussed Ford Complaints problems he has encountered with Theodore Robins Ford, 2060 Harbor Boulevard, which is located near his business. He complained about the dealership loading and unloading vehicles in the middle of Harbor Boulevard. He reported that he has contacted the Police Department and Code Enforcement regarding this problem, but nothing has been done. Mayor Buffa asked the City, Manager to discuss this situation with the Public Services Director, Police Department, Chamber of Commerce, and the Harbor Boulevard of Cars organization. 1 ANNOUNCEMENT Mayor Buffa announced that Old Business No. 4, item (a), agreement with Robert G. Fisher and Associates; and (b), Budget Adjustment No. 99-19 for $60,000.00, will be continued for two weeks; however, item (c), regarding Council Policy 500-11 will be discussed. South Coast Toyota Dorothy Adams, 220 Amherst Road, Costa Mesa, owner of Complaints units at 412 Ford Road, objected to large trucks blocking Ford Road to unload vehicles at the South Coast Toyota dealership, 1966 Harbor Boulevard. She felt that dealerships should be fined for blocking street access. West Side Specific Phil Morello, Post Office Box 10487, Costa Mesa, representing Plan/191ti Street the Wallace Area Improvement Group (W.A.I.G), requested that Bridge and Flooding W.A.I.G be informed of upcoming meetings on the West Side Problems on Specific Plan and discussions on the 191' Street bridge. He Wallace and stated that flooding has occurred in the past on Wallace and Pomona Avenues Pomona Avenues and would like to have the City review this problem. Redevelopment Suzanne Gadow, 257 Santo .Tomas Street, Costa Mesa, and Traffic Studies commented that redevelopment and traffic studies cannot be conducted properly for the west side of the City without including economics. She felt that having a West 191h Street bridge would be a positive impact on the City. CONSENT On motion by Council Member Erickson, seconded by Council CALENDAR Member Somers, and carried 5-0, all Consent Calendar items MOTION/Approved were approved as recommended. WRITTEN COMMU- Resolution 98-88 was adopted: A RESOLUTION OF THE CITY NICATIONS COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted Resolution AUTHORIZING RECORDS DESTRUCTION FOR THE CITY 98-88, City Clerk CLERK'S OFFICE OF THE CITY OF COSTA MESA, PURSUANT Records Destruction TO ORDINANCE NO. 75-60. READING FOLDER The following Reading Folder items were received and processed: Claims Claim received by the Deputy City Clerk: Michael McMahon. Alcoholic Beverage Alcoholic Beverage Control (ABC) License request from Control (ABC) Westport Wine & Spirits, Inc., 711 West 171'' Street, Suite License G8, for a premise -to -premise transfer of Type 9 and Type 17 ABC licenses (beer and wine importer; beer and wine wholesaler) and original Type 18 and Type 12 ABC licenses (distilled spirits importer; distilled spirits wholesaler). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1714, funding City operating expenses 1714/Payroll 820 for $1,582,345.38; and Payroll 820 for $1,459,289.27. Approved Warrant Warrant Resolution 1715, funding City operating expenses 1715 for $186,998.98. ADMINISTRATIVE Bids received for Alley No. 77 Storm Drain Repair and Iowa ACTIONS/Awarded Street Storm Drain Improvement, Project No. 98-13, are on file Alley No. 77 and in the City Clerk's office. The contract was awarded to 4 -Con Iowa Street to 4- Engineering, Inc., . 896 West Tenth Street, Azusa, for Con Engineering $99,860.00. Accepted Parkway Parkway Concrete Repair and Tree Replacement, Project No. Concrete Repair, 97 16, were completed to the satisfaction of the Public - Project No. 97-16, Services Director on September 21, 1998, by S. Parker by S. Parker Engineering, Inc., 1;0059 Whippoorwill Avenue, Fountain Engineering Valley. 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.' Adopted Resolution Resolution 98-89 was adopted: A RESOLUTION OF THE CITY 98-89, Combined COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Transportation APPROVING THE SUBMITTAL OF A SIGNAL SYSTEM Funding Program IMPROVEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. Adopted Resolution Resolution 98-90 was adopted: A RESOLUTION OF THE CITY 98-90 State -Local COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Entity Master AUTHORIZING THE DIRECTOR OF PUBLIC SERVICES TO SIGN Agreement No. PROGRAM SUPPLEMENTS TO STATE -LOCAL ENTITY MASTER SLTPP-5312 AGREEMENT NO. SLTPP-5312. Approved Final The Final Map was approved for Tract No. 14706, located at Map for Tract No. 23;21 Santa Ana Avenue; five lots for construction of five 14706/Cefalia single-family homes, including ingress/egress and utility easement, for a total ,of 0.691 -acre; developer Joseph Cefalia, 818 West Balboa Boulevard, Newport Beach; and the Deputy City Clerk was authorized to sign the map on behalf of the City. Approved Budget The following action was taken regarding 1997-98 bond Adjustment Nos. . payments and reimbursement of street related expenditures: 98-78 and 98-79 for 1997-98 Bond Budget Adjustment No. 98-78 was approved for Payments and Re- $2,325,000.00, to reimburse the General Fund for gas tax imbursement of eligible expenditures incurred and charged to the General Street Related Ex- Fund. penditures Budget Adjustment No. 98-79 was approved for $2,309,680.00,, charging the debt service payments related to the 1990 Lease Revenue Bond to the General Fund. These payments were originally budgeted in the Gas Tax Fund. Approved Budget Budget Adjustment No. 99-28 was approved for $6,400.00, to Adjustment No. appropriate funds from the Inmate Welfare Fund for the repair 99-28, Repair of of the jail facility security alarm system and wall covering Jail Facility damage in the No. 2 safety cell. 1 1 79 Approved Budget The following action was taken regarding the Fifth Cycle Used Adjustment 99-29 Oil Block Grant Program: and Change Order E, Fifth Cycle Used Budget Adjustment No. 99-29 was approved for Oil Block Grant $31,467.00 for the second year allocation of the grant. Program Change Order E was approved for $23,700.00, in connection with the purchase order for administering the City's Source Reduction and Recycling Element, including a residential used oil pick-up program. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Review of PA -98- place set for the public hearing to consider a request from 50, I.C.I. Holdings/ Council Member Somers for City Council review of the Planning SRP II Commission's approval of Planning Application PA -98-50, Nadel Architects, Inc., 3080 Bristol Street, Suite 500, Costa Mesa, authorized agent for I.C.I. Holdings/SRP II, 2222 17th Street, Santa Ana, for a master plan review for a 320,000 -square -foot commercial center, with a variance to allow excess building height (30 feet permitted, 50 feet proposed); a conditional use permit for off-site parking; and minor conditional use permits for outdoor display in front of the home center and drug store, outdoor display of seasonal items, and a drive-thru restaurant, located at 2300 Harbor Boulevard in a C1 -S zone. Environmental Determination: Negative Declaration. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. _ Communications were received from the following: In response to a letter sent by Home Depot soliciting support for their project, copies of 675 cards and 2 letters were received in favor of the application; CEG Entertainment, Inc., Showbiz Pizza Time Inc., Post Office Box 152077, Irving, Texas, advising that pursuant to the lease for Chuck E. Cheese at the Harbor Center, the landlord cannot relocate the store except to a mutually agreeable comparable space; Thrifty Payless (RiteAid), 18500 Von Karman Avenue, Suite 390, Irvine, confirming that pursuant to its lease, any changes to the current site plan require the prior approval of Thrifty Payless; 35 letters in support of the project; 6 letters opposed to the project; 1 letter in support except with a recommendation to locate the buildings closer to Harbor Boulevard and Wilson Street, to lessen the impact on the residents; 1 letter in support with a recommendation that the City purchase some of the rear property to build a greenbelt or mini -park as an additional buffer; 7 letters opposing the project unless certain conditions are imposed regarding design changes to mitigate the impact on the surrounding residents; and 1 letter asserting that according to Proposition 65, it appears that both the City and the developer would be breaking the law by allowing excessive diesel exhaust fumes to pollute the neighborhood. The Deputy City Manager reviewed the Agenda Report dated October 9, 1998, and the Associate Planner was available to answer questions. Scott Bell, I.C.I. Holdings/SRP II, developer, responded to a question from Council Member Erickson by stating that he agrees with the additional Conditions of Approval if the project were approved: Condition of Approval No. 32, The trash compactor shall be located inside the enclosed loading dock of Home Depot building "Major 4"; Condition of Approval No. 26(b), Applicant shall provide 24-hour, security throughout the center, not only during construction, but also during the operation of the center;; and to include a 12 -foot masonry wall between the loading area and the future development site. Council Member Cowan mentioned that Mr. Bell had agreed to a 14 -foot masonry wall, during her discussion with him. In response to questions from Council Member Cowan, Mr. Bell agreed to the following: all forklift back-up beepers shall be switched off during operations in the northerly and easterly outdoor unloading areas if allowed by CAL -OSHA; construction shall be limited to interior work only on Sundays; trucks waiting to unload shall have their engines turned off; and the center shall post signs stating that "No solicitation or hiring for jobs other than to be employed by tenants in the shopping center", with referrals made 'to. the Costa Mesa Job Center or private placement agencies. Mr.; Bell addressed the concerns of Council Member Somers by stating that there is 'a two-way traffic capability at the rear of the center with the exception of the S-curve location, which should not be a problem; the 25 -foot area behind the driveway from the Lucky's loading dock to the east property line accommodates two-way truck traffic; the entire foot print of the project cannot be moved 20 -feet forward because there will be ;a loss of 4 parking spaces in each row which would be below Home Depot's parking requirements; the lumber off- loading location has been reviewed by the Fire Department from a fire apparatus: and safety prospective and the plans were approved; the S -3A building between Home Depot and the 50,000 -square -foot tenant cannot be changed because the square footage would be lost and that would not be desirable; and fire breaks could be provided in front of the fire lanes at the ;entrances of Home Depot. Tamra Greenlee, I.C.I. Holdings/SRP II, referred to the site plan and; pointed out the -three possible areas where parking could be eliminated. Council Member Somers believed that the Lucky loading dock is too close to residential properties. In response to a question from Council Member Somers, the Public Services -Director stated that Harbor Boulevard is currently designated as a truck route but Wilson Street is not. He reported that at the upcoming General Plan review, staff will be recommending a revision to the City's approved truck route map to include Wilson Street between Harbor Boulevard and College Avenue. He added that at the present time, truck drivers would be ticketed for traveling on Wilson Street east of College Avenue. The, Fire Marshal responded to a question from Council Member Somers by stating that the Uniform Fire Code requires a fire lane to be a minimum -of 20 feet wide so that two fire trucks can; pass each other. He reported that the Fire Department requires an outside turning radius of 47 -feet and an inside radius of 28 -feet to accommodate the largest fire apparatus. al He further explained that when he reviewed the plans, he used a template to determine the turning radius for the S-curve, and is confident that all the City's fire equipment, including the "QUINT", can make it through the S-curve. Rick Grandy, Senior Vice President, Nadel Architects, 3080 Bristol Street, Costa Mesa, agreed with the Fire Marshal's findings. RECESS The Mayor declared a recess at 8:05 p.m., and reconvened the Drive; Colleen Myers, 2284 Rutgers Drive; Donna Becker, 298 Joann Street; Joyce Sheridan, 2257 Rutgers Drive; Steve Kipp, 2343 College Drive; Mary Kipp, 2343 College Drive; Patrick Kelly, 2384 Fordham Drive; Orlo Paff, 2371 Cornell Drive; Jan Ashman, 2327 College Drive; Tina Mulligan, 2332 Fordham Drive; Carole Taylor, 2377 College Drive; David Stiller, 2879 Regis Lane; Katherine Lesage, 2329 Fordham Drive; and Linda Boulton, no address given. meeting at 8:15 p.m. The following Costa Mesa residents supported the project: Jack Ross, 1865 Swan Circle, Board Member, Costa Mesa Chamber of Commerce; Gina Keuilian, 2414 Niagara Way, representing Texaco Service Station on Harbor Boulevard and Fair Drive, submitted letters from surrounding businesses who are also in support of the project; Bill Stangl, 622 Thames Way, Home Depot employee; Mike Dunn, 2755 Gannet Drive; Michael Reed, 385 East 19th Street; Larry Campeau, 1955 Balearic Drive; Donna Battocletti, 408 Ford Road, No. A; Mark Harris, 917 Tanana Place; Steve Brown, 1563 Santa Ana Avenue; Kevin Jones, 3005 Warren Lane; Charlene Kass, 188 The Masters Circle; Jim McAfee, 241 Brentwood Street; Bill Eisenberg, 2888 EI Rio Circle; Mike Manning, 913 Tanana Place; resident at 192 Yorktown Lane; Ralph McCarthy, 2786 Longwood Court; Dick Gude, 495 Walnut Place; Chuck Ropp, 1373 Garlingford Street; Bill Odell, 2053 National Avenue, Philip Wortman, 3301 Alabama Circle; Robert Tranter, 2049 National Avenue; Perry King, 854 Bear Creek; Bernie Weir, 2059 National Avenue; Marybell Eggert, 2353 College Drive; and Bob Hammond, 2912 Redwood Avenue. The following Costa Mesa residents opposed the project: Tom DeLong, 2421 College Drive; Ray Randel, 2328 College Drive; Jane Finch, 2285 Colgate Drive; Jayne Hubener, 2317 Cornell Drive; George Lindenau, 2320 Fordham Road, who submitted a petition containing 405 signatures from Costa Mesa residents who are opposed to the current design of the center; Marilyn Lindenau, 2320 Fordham Road, who showed photographs of the loading docks at Metro Pointe; Dick Mehren, 1824 Kinglet Court; Bob Hubener, 2317 Cornell Drive; Rebecca Bequette, 2528 Bowdoin Place; Roy Pizarek, 1923 Whittier Avenue; David Kiernan, 2450 College Drive; Flo Martin, 2442 Andover Place, who showed photographs of Home Depot in other cities; Dorothy Adams, 220 Amherst Road; Bob Sabah, 2300 Colgate Drive; Mark Haskell, 2333 College Drive; Tamar Goldmann, 2324 College Drive; Jess Bequette, 2349 College Drive; Sandra Genis, 1586 Myrtlewood Street; Katharine Bequette, 2349 College Drive; Jim Shaffer, 2340 College Drive; Debbie England, 304 Joann Street; Charmaine Pickett, 2394 College Drive; Colleen Myers, 2284 Rutgers Drive; Donna Becker, 298 Joann Street; Joyce Sheridan, 2257 Rutgers Drive; Steve Kipp, 2343 College Drive; Mary Kipp, 2343 College Drive; Patrick Kelly, 2384 Fordham Drive; Orlo Paff, 2371 Cornell Drive; Jan Ashman, 2327 College Drive; Tina Mulligan, 2332 Fordham Drive; Carole Taylor, 2377 College Drive; David Stiller, 2879 Regis Lane; Katherine Lesage, 2329 Fordham Drive; and Linda Boulton, no address given. Jim, Ford, 2415 College Drive, Costa Mesa, referred to an article in Popular Science magazine, October, 1998, page 30, which indicates that a sound wall with a jagged top surface is more effective. Joe Marasco, 501 Santa Monica Boulevard, Santa Monica, representing the owners of Mediterranean Village Apartments, 2400 Harbor Boulevard, supported the development. A resident at 1807 Highland Drive, Newport Beach, supported the development. A Huntington Beach resident, no address given, opposed the development because of the possible health factors associated with this development which would affect her grandchildren who reside on College Drive. Jeff Nichols, Real Estate Manager, Western Region, Home Depot, USA, Inc., 3800 West Chapman Avenue, Orange, stated that Home Depot is interested in being a good neighbor and will be committed to enforcing the conditions of approval that have been set forth. He responded to questions from Council Member Erickson by stating the following: Home Depot's and private vendors' truck drivers will be advised of all restrictions imposed by the City. Regarding 24-hour on-site security, Mr. Nichols stated that ICI will be enforcing the conditions concerning operation of Home Depot. He also reported that Home Depot has a consultant who will work with the City to deal with the day laborers, even if it is not a condition of approval. Council Member Somers asked for clarification regarding the estimated 65 delivery trucks entering the site per day. Mr. Bell responded that these include Home Depot, Home Depot vendors, Lucky Market, and retail store delivery trucks. Responding to a question from Council Member Somers, the City; Attorney replied that he is of the opinion that an Environmental Impact Report (EIR) is not necessary for this project. Discussion ensued regarding air quality. The Deputy City Manager stated that at no time of the day should this center create pollution similar to that of a petroleum or refinery plant which could exceed Air Quality Management District (AQMD) requirements. Mr. Bell reported that trucks delivering to the garden center will be entering on Harbor Boulevard and exiting on Wilson Street. Council Member Somers suggested that the rear portion of the site, which is not being developed at this time, be utilized for employee parking. Mr. Bell explained that parking on the side or in the rear of a building is not desirable and that retail businesses prefer having their employees exit from the front of the 'store. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, asked about the Mitigation Monitoring Program. The Deputy City Manager replied that the negative declaration requires a monitoring program to review mitigation measures on an annual basis to determine if there is full compliance. MOTION A motion was made by Mayor Pro Tem Monahan, seconded by Withdrawn Council Member Erickson, to uphold the Planning Commission's decision approving the project. The City Attorney advised that a resolution should be adopted with modifications; therefore, the Mayor Pro Tem withdrew his motion. MOTION/Adopted A motion was made by Mayor Pro Tem Monahan, seconded by Resolution 98-91, Council Member Erickson, to uphold the Planning Commission's Approving PA- decision by adopting Resolution 98-91, A RESOLUTION OF THE 98-50 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -98-50, with the following modifications: add a condition (No. 56) which states: "The applicant shall construct a 14 -foot high masonry wall between the "future development area" and the easterly driveway serving Home Depot "Major -4", Lucky "Major -2", and future tenants, prior to the issuance of building permits for the "Major -4" building. The wall shall include an 8 -foot high, double -gate maintenance access gate, between 15-20 feet wide, with the location to be determined by the Development Services Director. This "future development area" shall be maintained free of weeds, weed vegetation, and excessive dust"; amend Condition of Approval No. 26(b) to read: "Applicant shall provide 24-hour, on-site, uniformed security personnel at Harbor Center not only during construction but also during operation of the center"; as stated previously, amend Condition of Approval No. 32 to read: "The trash compactor shall be located inside the enclosed loading dock of the Home Depot building, "Major -4" includes the stipulation that the trash compactor shall be installed within a truck well enclosure with sound attenuated walls; amend Condition of Approval No. 36, Receptor 5 Area, to read: "Additional absorption material shall be installed on all sound walls to reduce sound vibration or reverberation"; and staff was directed to review the recommendation which was made earlier in the meeting regarding the Popular Science magazine article of October, 1998, page 30, regarding the construction of sound walls with jagged top surfaces; Condition No. 42 was amended to read: "At all times, when not in motion, trucks shall have the motors turned off, including refrigerator motors, generators, and diesel engines, specifically when they are loading and unloading and waiting in line"; and the security guards shall enforce this condition; Regarding Condition of Approval No. 27, the center shall be clearly posted with signs in English and in Spanish, "No solicitation or hiring for jobs other than to be employed by tenants in this shopping center", add: "Violation constitutes a misdemeanor under Penal Code Section 602"; and as stated earlier, add: "As an alternative, the signs shall direct interested parties to the Costa Mesa Job Center or private placement agencies, with addresses included for each listed referral"; and staff was directed to work with the adjoining property owners to make sure the City obtains consent to avoid the day laborer issue; amend Condition of Approval No. 43 to include that construction activities on Sundays shall be limited to interior work only; in addition to AMENDED MOTION/Added Finding RECESS OLD BUSINESS Building Division Classifications Condition of Approval No. 22, all forklifts used outdoors shall have pneumatic tires, not hard rubber tires, and add a condition (No. 57) stating: "If allowed by CAL -OSHA, all forklift back-up beepers shall be switched off during operations in the outdoor non-public loading and unloading areas for Majors 2 through 4, including the outdoor garden center. Mayor Pro Tem Monahan amended the motion by adding a finding that City Council recognizes the mitigation monitoring program and policy for annual review. The seconder concurred, and the' motion, as amended, carried 4=1, Council Member Somers voting no. Council Member Somers opposed the motion because she believed that the project as designed will not be in the best interest of the surrounding residents. She felt that the project should be moved 10 - 20 feet forward; allow employee parking to be to the rear of the site; and to move the 10,000 -square - foot building to the south end of the site. Council Member Cowan supported the motion; and stated that staff and the developer have worked very hard on addressing the residents' concerns. Mayor Buffa supported the motion because he believed that this project will be a significant improvement to the area. The Mayor declared a recess at 11:00 p.m., and reconvened the meeting at 11:10 p.m. The Deputy City Clerk presented from the meeting of October 5, ;1998, a resolution' adding new classifications to the salary administration plan for job classifications represented by the Costa Mesa City Employees Association, as recommended by the Zucker Systems ;Organizational Operations Study of the Building Division. The Personnel Services Manager summarized the Agenda Report dated October 5, 1998. MOTION/Adopted On motion by Mayor Pro Tem Monahan, seconded by Council Resolution 98-92 Member Erickson, and carried 5-0, Resolution 98-92, was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING NEW CLASSIFICATIONS TO THE SALARY ADMINISTRATION PLAN FOR JOB CLASSIFICATIONS REPRESENTED BY THE COSTA MESA CITY EMPLOYEES ASSOCIATION. OLD BUSINESS The Deputy City Clerk presented the 1998-99 Community 1998-99 Com- Objectives. The Budget & Research Officer reviewed the munity Objectives Agenda Report dated October 9, 1998, noting that staff is requesting additional Council direction on Community Objective 99-134, "Police Sub !Station expansion"; and recommended that Community Objective 98-E11, "Review use of Overtime throughout the City", be kept on the current Community Objective on-going/completed list until the issue can be resolved. MOTION In ;connection with Objective 99-C3, Page 44, a motion was Established "Arts made by Council Member Somers, seconded by Council Committee" (Ob- Member Cowan, and carried 4-1, Council Member Erickson jective 99-C3) voting no, to establish an "Arts Committee", instead of 1 1 1 "Commission"; and to draft a revised implementation strategy for grants to be funded through the Costa Mesa Foundation. Motion to Amend A motion was made by Council Member Somers, seconded by Objective 98-D5 Council Member Erickson, to amend Objective 98-135, Page 49, Failed to Carry Capitalize on the use of the Fire Department as "emissaries" to the business community, by including a study regarding ambulance services through the Request for Proposal (RFP) process as discussed at the City Council Study Session of October 12, 1998. Council Member Erickson expressed his concern for taking action on a City Council Objective before reviewing an Agenda Report which outlines alternatives. Council Member Somers clarified that the intent of her motion was to amend the Objective to incorporate ambulance services. Council Member Cowan believed that ambulance services were a completely different issue than the use of the Fire Department as "emissaries" to the business community. Mayor Pro Tem Monahan felt that it was not necessary at this time to have ambulance services made an objective because staff is preparing a report for Council review. Council Member Somers stated that her concern is that Orange County may be losing its main ambulance provider and thought that the RFP process needed to be done soon. She also felt that this issue should be placed on a priority list when Council reviews the budget at mid -year. Mayor Buffa opposed the motion because he thought that ambulance services should not be included in Objective 98-D5. He commented that Council will have plenty of opportunity to discuss ambulance services after reviewing the report that is being prepared by staff. Council Member Cowan requested that staff provide Council with a summary which outlines the community objectives that have been completed, and these objectives which will be reviewed in the Second Quarter Report. The motion failed to carry 4-1, Council Members Buffa, Monahan, Erickson, and Cowan voting no. MOTION/Approved A motion was made by Council Member Cowan, seconded by Objectives Except Council Member Somers, and carried 5-0, to approve the 1998 - for Nos. 99-134, 99 Community Objectives, with the. exception of Objective 99 - and 98-E11 B4, "Police Sub Stationexpansion"; and 98-E11, "Review use of Overtime throughout the City", which shall remain on the reporting list as opposed to the completed list. Regarding additional Council direction for Objective 99-134, Mayor Pro Tem Monahan stated. that he is not ready to provide staff with further direction at this time regarding expanded use of the Police Sub Station. The Budget & Research Officer stated that this objective will be removed from the list and brought back in the next quarterly report. The City Manager expected to have the information on expanded facility usage for the next quarter. 5& VIE OLD BUSINESS The Deputy City Clerk, presented a request from Mayor Pro Tem Request for Re- Monahan to reconsider the Newport Boulevard Landscape and hearing on New- Sign Guidelines, specifically the selection of Canopy Trees for port Boulevard the freeway side of the Newport Boulevard Specific Plan area. Landscape and Communications were, received from the following: Chamber of Sign Guidelines Commerce, 1700 Adams Avenue, Suite 101, encouraging 2, 1998 Council to schedule a rehearing to consider replacing the Council Policy 500- Mexican Fan Palms �on the freeway side of Newport Boulevard; 11 (Fairview Park) and from Penjoyan, Produce, 2016 Newport Boulevard; John Ursini, Newport Rib. Company, 2000 Newport Boulevard, owner of Mama Rose, 2346 Newport Boulevard; Jerry Palanjian,' owner of businesses at 1718 through 1762, and 1970 through 1996 Newport Boulevard, all of whom are requesting a rehearing on types of trees to be planted. Mayor Pro Tem Monahan summarized the Agenda Report dated October 8, 1998. Motion to Recon- Mayor Pro Tem Monahan made a motion to reconsider the sider Canopy Trees canopy tree issue at the next Council Meeting. The motion Died died for lack of a second. The Mayor Pro Tem explained that the businessmen on Newport Boulevard spent a lot of time working on a plan based on: planting palm trees, and now ask that they have the opportunity to discuss, the change to canopy trees. Mayor Buffa thought that canopy trees would enhance the area more than palm trees would, and canopy trees would not obscure the businesses if properly maintained. OLD BUSINESS On motion by Council Member Somers, seconded by Council Fairview Park - Member Erickson, and carried 5-0, the following items were MOTION/Agree- continued to the meeting of November 2, 1998: Agreement ment and Budget with Robert G. Fisher and Associates, 4 Park Newport, Adjustment Con- Newport Beach, for $60,000.00, to serve as the Project tinued to November Manager for Fairview Park; and Budget Adjustment No. 99-19 2, 1998 for. $60,000.00. Council Policy 500- The Deputy City Clerk announced Council Policy 500-11 for 11 (Fairview Park) implementation of the Fairview Park Master Plan. The Park Superintendent summarized the Agenda Report dated October 8, !1998. Dick Mehren, 1824 Kinglet Court, Costa Mesa, Chairman of the Fairview Park Citizens Advisory Committee, supported the Council Policy, but expressed concern about receiving the report in ample time to review and comment on proposed elements to the Fairview Park Master Plan. Tom Egan, 1103 Mesa Bluffs Drive, Costa Mesa, suggested the following modifications to the Council Policy: restrict the hours that the project manager spends on a project; and instead of limiting the committee to one meeting a month to review projects, limit the number of days to review. MOTION/Approved A motion was made by Council Member Cowan, seconded by Council Policy Council Member Somers, approving Council Policy 500-11 for 500-11 implementation of the Fairview Park Master Plan, with paragraphs 2(b), 3(b), and 4(b), amended to include language stating that the committee shall receive materials no less than two weeks prior to its meeting for which a project is scheduled. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Section 54956.8 to discuss sale of surplus for Closed Session: property at 110 Del Mar Avenue. The Mayor announced that Property at 110 closed session would be held at the conclusion of regular Del Mar Avenue business. CITY MANAGER'S The City Manager reviewed the Agenda Report dated October REPORT/Civilian 12, 1998, regarding the recruitment of civilian federal Federal Firefighters firefighters and to develop a recruitment effort utilizing existing Recruitment City procedures and standards to establish an eligibility list. Motion A motion was made by Council Member Somers, seconded by Withdrawn Council Member Erickson, to direct staff to continue with the current firefighter hiring practices and to hire from the existing eligibility list including members of the federal firefighters authority as they become available. Council Member Somers clarified that the intent of her motion was to incorporate the federal firefighters into the City's existing list, without a separate recruitment. Mayor Pro Tem Monahan stated that the City would have to do a recruitment and add those names to the current list; and the Personnel Services Manager concurred. After further discussion, Council Member Erickson withdrew his second. Council Member Somers thought that the City could incorporate federal firefighters into the current list without doing a recruitment. The Personnel Services Manager clarified that the City cannot incorporate people onto an existing list without some type of competitive process. Council Member Somers withdrew her motion. MOTION/To A motion was made by Council Member Somers directing staff Approve Current to continue with the current City firefighter hiring practices and City Firefighter hire from the existing eligibility list with the inclusion of a Hiring Practices secondary list of federal firefighters as they become available. SUBSTITUTE A substitute motion was made by Council Member Erickson, MOTION/Approved seconded by Council Member Cowan, and carried 5-0, directing Focused Recruit- staff to conduct a focused recruitment for civilian federal ment firefighters who have been terminated. The Operations Division Chief responded to a question from Mayor Pro Tem Monahan by stating that during the interview process, the candidates' qualifications and prior experience are discussed which is then taken into consideration during the scoring process. Responding to a question from Council Member Cowan, the Personnel Services Manager stated that staff would be doing another competitive process to establish another four-year list after these two separate but similar eligibility _lists expire in August, 1999. �_T_071111111 AM CITY MANAGER'S The City Manager summarized the Agenda Report dated REPORT/Costa September 30, 1998, regarding a resolution implementing pay Mesa Police Pay range adjustments for job classifications represented by the Range Adjustments Costa Mesa Police Association, extending the initial probationary appointment of police officers to 18 months; and Budget Adjustment No. 99-27 for $342,660.00. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Resolution 98-93 Member Somers, and. carried 5-0, Resolution 98-93 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE PAY RANGES FOR JOB CLASSIFICATIONS REPRESENTED BY THE COSTA MESA POLICE ASSOCIATION TO REFLECT THE ESTABLISHED LABOR MARKETPLACE PURSUANT TO THE 1996-1999 MOU AND EXTEND THE PERIOD OF INITIAL PROBATIONARY APPOINTMENT; and' Budget Adjustment No. 99-27 for $3142,660.00, was approved. COUNCIL COMMENTS Council Member Somers wished Mayor Buffa a happy birthday; Mayor Buffa's commended the Fire Department's Color Guard for being Birthday; Fire- recognized by the Orange County Fire Association fighters Commen- Overachievers Organization and receiving the Special dation; and Fire- Community recognition award for 1998; and congratulated fighers of the Year firefighters Kirk Dominic and Keith Fujimoto for being Award nominated for the firefighter of the year award. ADJOURNMENT TO At, 11:50 p.m., the Mayor adjourned the meeting to a closed CLOSED SESSION session in first floor Conference Room A to discuss the item previously announced by the City Attorney. MEETING Mayor Buffa reconvened the meeting at 12:05 a.m., and the RECONVENED action taken during closed session was announced. MOTION/Gave By a vote of 5-0, Council gave direction to the negotiator, the Directions to Staff City Manager, to make a counter offer to the Hanson Family Trust and negotiate 'a purchase/sale agreement. ADJOURNMENT The Mayor declared the meeting adjourned at 12:10 a.m. (2- � , (-,-D Mayor of th.1 City of Costa Mesa ATTEST: Deputy Ci Clerk of the City of Costa Mesa 1 1