Loading...
HomeMy WebLinkAbout01/04/1999 - City Council1.36 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 4, 1999 The City Council of the City of Costa Mesa, California, met in regular session January 4, 1999, 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 Erickson, and invocation by the! Reverend Conrad Nordquist, St. John the Divine Episcopal Church. ROLL CALL Council Members Present: Mayor Gary Monahan Mayor Pro Tem Libby Cowan Council Member Joe Erickson Council Member Heather Somers Council Member Linda Dixon Council Members Absent: Officials Present: None City Manager Allan Roeder Assistant City Attorney Jerry Scheer Deputy 'City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Redevelopment and Housing Manager Muriel Ullman Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council December 21, 1998 Member Somers, and carried 5-0, the minutes of the regular meeting of December 21, 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 Mayor Monahan welcomed John DeWitt, who provided a brief Sister City Program, history of the City's Sister City Program with Wyndham, Wyndham, Victoria, Victoria, Australia; and reported on the two-week educational Australia exchange trip which is about to commence. He introduced Costa Mesa resident Sue Smith, and Wyndham School Superintendent Bob' Mathers, who presented --,the Wyndham teachers, and accepted a proclamation from the Mayor. ORAL COMMUNI- Ronald Linsky, 467 Esther Street, Costa Mesa,.. -stated that CATIONS Esther Street, Aliso Avenue, and Walnut Street; had been Esther Street resurfaced approximately five months- previously; and noted Resurfacing that the new roads are of poor quality and have. --a ripple effect. He showed photographs illustrating -the substandard roadway conditions. He asked that the City investigate the matter- in order to prevent a reoccurrence. The Mayor replied that the Public Services Director would have the streets inspected: Harbor Shopping The following Costa Mesa residents addressed noise pollution Center and installation of a sound wall prior to demolition at the Harbor 1 1 Shopping Center (Planning Application PA -98-50): Tamar Goldmann, 2324 College Drive; Dan Goldmann, 2324 College Drive, read letters from himself and the resident at 2321 College Drive; Katharine Bequette, 2349 College Drive; Carole Taylor, 2377 College Drive; and Jemma Jones, 365 Wake Forest Road. Mayor Monahan asked the Development Services Director to review this situation. Council Member Somers asked the Development Services Director to investigate whether forklift operators may turn off their beepers which, the Director had explained, were a State requirement. Mayor Pro Tem Cowan thought that a 12 -foot sound wall and berm had been installed to meet the conditions of approval, and asked for confirmation. John DeWitt Robert Graham, 3260 Dakota Avenue, Costa Mesa, commended Commended previous speaker John DeWitt for his involvement in beautifying the City through his efforts in ReLeaf Costa Mesa. Mr. Graham noted his anticipation of the West Side study meetings to be held later in January, 1999. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 1, Reading Folder, second item, Alcoholic Beverage Licenses; Item No. 7, Contract for Pavement Reconstruction for portions of Fair Drive, Hamilton Street, Orange Avenue, and Santa Ana Avenue, Project No. 98-15; Item No. 8, Completion of City-wide Annual "ADA" Improvements, Project No. 98-02, by S. Parker Engineering, Inc:; Item No. 9, Completion of Missing Link Sidewalks in Community Development Block Grant (CDBG) Eligible Areas, Project No. 98-11, by S. Parker Engineering, Inc.; and Item No. 10, Completion of 2529 Santa Ana Avenue Historic House Relocation, Project No. 98-14, by American Heavy Moving, Inc. MOTION/Approved On motion by Council Member Erickson, seconded by Mayor Except Items 1, 7, Pro Tem Cowan,, and carried 5-0, the remaining Consent 8, 9, and 10 Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Nevart Balian; Tessie and Montal Banque; Sandra Ewalt; Rhonda Northcutt; Manuel Tafoya; and Mina Tafoya. WARRANTS The following warrants were approved: Warrant Resolution Approved Warrant 1725 funding City operating expenses for $556,787.09, and 1725, and Warrant Warrant Resolution 1726 funding City operating expenses for 1726/Payroll 826 $2,088,894.28, including Payroll 826 for $1,570,017.18. ADMINISTRATIVE A Procurement Card Program through the State of California, ACTIONS/Approved Department of General Services (DGS), an Administrative Revisions to Regulation, and Appendix B to the "Purchasing Policies and Purchasing Manual Procedures Manual", were approved. Awarded Formal Proposals for Formal Proposal Item No. 1029, for a five-year Proposal No. 1029, Lease Purchase and Maintenance of One New High Speed New Analog and Analog Copier and One New Network Digital Copier, are on file Digital Copiers, to in the City Clerk's office. The contract was awarded to Oce Oce Office Systems Office Systems, 3655 Nobel Drive, Suite 140, San Diego, for $182,951.70 ($36,590.34 per year). 1.37 138 Approved Agency Redevelopment Agency participation in the Mortgage Credit Participation in MCC Certificate (MCC) ;Program, in cooperation with the County of Program Orange, was approved. I READING FOLDER Item No. 1 on the Consent Calendar was presented: Reading Alcoholic Beverage folder, second item, Alcoholic Beverage Control (ABC) license Licenses requests: Gina's Pizza, 2701 Harbor Boulevard, No. D, for an original Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Durty Nelly's, !2915 Red Hill Avenue, No. G101, for a person-to-person transfer of a Type 47 ABC license (on -sale general for a bona fide eating place). i Jet Pizza, 2228 Newport Boulevard, No. C, for a person-to- person transfer) of a Type 41 ABC license (on -sale beer and wine for a bona fide eating place). I Council Member Somers reported that the City has received several applications for ABC license transfers, and commented that the burden of the investigation falls to City staff. She pointed out that one of the above establishments is located near John Wayne Airport where one ABC license is allowed and 60 are in existence. She asked that this subject be discussed at a Council study session. MOTION A motion was made by Council Member Somers, seconded by Received and Filed Council Member Erickson, to receive and file the ABC license requests. whether or not they were the paving company for the project on Esther Street, Aliso Avenue, and Walnut Street, per Ronald Linsky's report under; Oral Communications; authorizing staff to 1 1 Mayor Pro Tem Cowan responded to Council Member Somers by noting that the ABC license requests are for bona fide eating places, and the establishment near the airport is located in an area populated by hotels and restaurants. Council Member Somers reiterated her statement that the City ignores State recommendations regarding the number of ABC licenses allowed in an area. Mayor; Pro Tem Cowan expressed satisfaction with the current process, stating that it was fair and comprehensive. Council Member Somers stated that she was not comfortable with the current process. The motion carried; 5-0. Pavement Recon- Item 7 on the Consent Calendar was presented: Contract for struction, Project Pavement Reconstruction Project for Fair Drive, Harbor No. 98-15 Boulevard to Vassar Place; Hamilton Street, Charle Street to Pomona Avenue; Orange Avenue, 19th Street to 22"1 Street; and Santa Ana Avenue, Monte Vista Avenue to Mesa Drive, Project No. 98-15. At the, Mayor's request, the Public Services Director reviewed the project, mentioning that the subject streets are in MOTION complete disrepair'. A motion was made by Council Member Approved Contract Erickson, seconded by Council Member Somers, to award the Award To R. J. contract to R. J. Noble Company, 15505 East Lincoln Avenue, Noble Orange, for $980;629.20, contingent upon information as to whether or not they were the paving company for the project on Esther Street, Aliso Avenue, and Walnut Street, per Ronald Linsky's report under; Oral Communications; authorizing staff to 1 1 1,39 withhold the contract if R. J. Noble was that contractor; and to return the item to Council. thereafter. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Appeal of PA --98-85, place set for the public hearing to consider an appeal of the Siggins/Licata Planning Commission's denial of Planning Application PA -98-85 from Dennis Siggins, authorized agent for Paul and Sandi Licata, for a variance from rear yard setback requirements (20 feet required, 10 feet proposed) in conjunction with the addition of a 653 -square -foot, second -story bedroom addition over an existing master bedroom of a single-family residence, located at 996 Springfield Street in an R1 zone. Environmental The Public Services Director assured Council that the contractor Item 9 on the Consent Calendar was presented: Completion of is required to provide a warranty bond which is in effect until Missing Link Side- one year after completion of each project, and every project is inspected 10 to 11 months after completion in order to ensure (CDBG) Eligible Areas, Project No. 98-11, by S. Parker that the materials and workmanship are adequate. Completion of Item 8 on the Consent Calendar was presented: Completion of City-wide "ADA" Phase 2 of City-wide Improvements (twelve-month period), Improvements, Project No. 98-02, by S. Parker Engineering, Inc., 10059 Project No. 98-02 Whippoorwill Avenue, Fountain Valley. The Public Services Director reported that $100,000.00 was received from the Member Somers, seconded by Council Member Erickson, and Orange County .Transportation Authority to upgrade City bus MOTION stops for hand icap<^accessibility. On motion by Council Member Accepted Work by Erickson, seconded' by Council Member Dixon, and carried 5-0, S. Parker Engi- the work was accepted; the Deputy City Clerk was authorized neering to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and and Material Bond was ordered exonerated 7 months thereafter; Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. thereafter. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Appeal of PA --98-85, place set for the public hearing to consider an appeal of the Siggins/Licata Planning Commission's denial of Planning Application PA -98-85 from Dennis Siggins, authorized agent for Paul and Sandi Licata, for a variance from rear yard setback requirements (20 feet required, 10 feet proposed) in conjunction with the addition of a 653 -square -foot, second -story bedroom addition over an existing master bedroom of a single-family residence, located at 996 Springfield Street in an R1 zone. Environmental Completion of Item 9 on the Consent Calendar was presented: Completion of Missing Link Side- Missing Link Sidewalks in Community Development Block Grant walks, Project No. (CDBG) Eligible Areas, Project No. 98-11, by S. Parker 98-11 Engineering, Inc., 10059 Whippoorwill Avenue, Fountain Valley. The Public Services Director summarized the sidewalk MOTION improvements throughout the City. On motion by Council Accepted Work by Member Somers, seconded by Council Member Erickson, and S. Parker Engi- carried 5-0, the work was accepted; the Deputy City Clerk was neering 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. Completion of Item 10 on the Consent Calendar was presented: Completion Historic House Re- of 2529 Santa Ana Avenue Historic House Relocation, Project location, Project No. No. 98-14, by American Heavy Moving, Inc., 11532 East End 98-14 Avenue, Chino. The Public Services Director briefly explained the procedure for relocating the Huscroft House. On motion by MOTION Mayor Monahan, seconded by Council Member Somers, and Accepted Work by carried 5-0, the work was accepted; the Deputy City Clerk was American Heavy authorized to file a Notice of Completion; authorization was Moving given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered: exonerated 7 months thereafter; and the''Performarice Bond was ordered exonerated 12 months thereafter. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Appeal of PA --98-85, place set for the public hearing to consider an appeal of the Siggins/Licata Planning Commission's denial of Planning Application PA -98-85 from Dennis Siggins, authorized agent for Paul and Sandi Licata, for a variance from rear yard setback requirements (20 feet required, 10 feet proposed) in conjunction with the addition of a 653 -square -foot, second -story bedroom addition over an existing master bedroom of a single-family residence, located at 996 Springfield Street in an R1 zone. Environmental LU Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. No communications were received. The Development Services Director summarized the Agenda report dated December 22, 1998, and showed photographs of the property. Dennis Siggins, 1313 Miller Street, No. C, Anaheim, designer and contractor for,, the project, reviewed the limitations of the irregularly shaped lot, and addressed the neighbors' privacy, stating that the owner is agreeable to move windows from the back to the side of the house and to take any other necessary considerations. He reported that the applicants previously talked to their neighbors and made the plans available to them. He responded to questions from Council. i. Paul Licata stated 'that he offered to plant trees to enhance the neighbor's privacy; and showed pictures illustrating that option. He indicated that his four immediate neighbors had seen the blueprints and had; approved the design. Sandra Licata explained that they would like to build a second story over the existing bedroom and bath areas and are requesting a variance. She felt that other options, such as building on top of the garage, were unworkable. She discussed the ficus as a possible tree to plant in the back area. Donn Hall, 3080 Johnson Avenue, Costa Mesa, stated that he was adamantly opposed to the approval of this variance, and noted that it would impact the privacy of eight other properties. i Florian Kos, 983' Cheyenne Street, Costa Mesa, expressed concern regarding 'the privacy issue, noting that there would be a severe impact on: his and his neighbors' lifestyle. Leo Hanson, 995 Cheyenne Street, Costa Mesa, whose property is directly', to the rear of the proposed project, objected to the loss of privacy in his family room, and pool and patio area. He reported that he originally agreed with the proposal but has since questioned that position. Eileen Hanson, 99,5 Cheyenne Street, Costa Mesa, stated that her view from her kitchen window would be blocked by the addition. She strongly objected because of the privacy issue and the loss of sunlight. Binh Tran, 991 Cheyenne Street, Costa Mesa, felt that the invasion of privacy would be awkward, and opposed the application. Diane Stacey, 999; Cheyenne Street, Costa Mesa, indicated that the plans had changed since she had originally approved of the addition. She objected to the potential blockage of sunlight. i Trudy Ohlig-Hall, 3080 Johnson Avenue, Costa Mesa, opposed the addition of a second story, and expressed concern over the traffic problems in her neighborhood. She asked that a study be conducted and; placed on a future agenda which addresses traffic impacts resulting from room additions. 1 1 141 Karen Wamboldt, 987 Cheyenne Street, Costa Mesa, considered the addition an invasion of her privacy. Mr. Licata responded to the neighbors who indicated that the plans had been changed by stating that the only change was the addition of trees. He did not believe neighbors' sunlight and view would be blocked, and provided a list of over 200 homes in the Mesa North neighborhood that have second stories. Mr. Licata detailed the benefits to his plan, stated that he was in compliance with the spirit of the code, and that the project would not degrade the surrounding properties. Mayor Pro Tem Cowan observed that if the addition were to be built anywhere on the property, 20 feet from the back property line, then it would be a legal addition. Council Member Somers discussed options ,with Mr. Siggins, the architect. There being no other speakers, the Mayor closed the public hearing. Council Member Erickson complimented the Licatas on the good condition of their home, and stressed the importance of retaining good relations with their neighbors. He did not believe appropriate findings could be made to support a variance. MOTION/Adopted A motion was made by Council Member Erickson, seconded by Resolution 99-1, Mayor Pro Tem Cowan, and carried 4-1, Mayor Monahan voting Denying PA -98-85 no, to adopt Resolution 99-1: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DENYING PLANNING APPLICATION PA -98-85, and requesting that the neighbors retain good relations in the future. Mayor Pro Tem Cowan concurred with Council Member Erickson that adding the second story is not the issue because a second story is allowable. She reiterated that the 10 -foot setback is the problem, and stated that the homeowner has options for redesign. Council Member Somers supported the motion, and observed that the design has room for improvement. Mayor Monahan opposed the motion, stating that a future redesign would not improve the current design. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Traffic Impact Fees place set for the public hearing to consider a resolution establishing an incentive for new developments, by assessing traffic impact fees on an incremental basis. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Public Services Director summarized the Agenda Report dated December 17, 1998, and asked that the resolution affirming the action taken at the City Council meeting of September 21, 1998, be adopted. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Mayor Pro Tem Cowan, seconded , by Council Adopted Resolution Member Erickson, and carried 4-1, Council Member Somers 99-2 voting no, Resolution 99-2 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING AN , INCENTIVE_ ` FOR- NEW DEVELOPMENTS WITHIN THE CITY OF COSTA MESA. Council Member Somers opposed the motion because" she felt that each new development in the City impact traffic,. and those that create the traffic should pay the fee. 142 OLD BUSINESS The Deputy City Clerk presented from the meeting of December Spring 1999 21, 1998, Spring 1999 "Neighbors -for -Neighbors" event. The "Neighbors -for- Redevelopment and Housing Manager summarized the Agenda Neighbors" Event Report dated December 23, 1998. MOTION/Directed On motion by Mayor Pro Tem Cowan, seconded by Council Staff to Coordinate Member Somers, and carried 5-0, staff was directed to Event coordinate the event in single-family neighborhoods with the Community Development Block Grant (CDBG) target areas. CITY ATTORNEY'S The Assistant City Attorney presented from the meeting of REPORT/Request December 21, 1998, request for closed session pursuant to for Closed Session: Government Code Section 54957 to discuss the appointment of City Attorney a City Attorney and compensation package. Mayor Monahan Appointment announced that closed session would be held at the conclusion of regular business. CITY MANAGER'S The City Manager announced that a discussion of Alcoholic REPORT Beverage Control (ABC) licenses will be held at the Council ABC Licenses study session on Monday, January 11, 1999. COUNCIL Council Member Erickson expressed sympathy to the Andreen COMMENTS family on their recent loss, and announced that the service for Mr. Andreen would be held on Friday, January 8, 1999, 6:30 p.m., at the Costa Mesa Senior Center, 695 West 19' Street, Police Department Costa Mesa. He applauded the Police Department for having Accolades the highest clearance rate for crimes in Orange County. He thanked City staff and Newport -Mesa Unified School District Costa Mesa Soccer staff for their efforts in relation to the Costa Mesa Classic Tournament Soccer Tournament which consisted of over 120 youth all star teams from California and neighboring states, commenting that the school rest rooms were open and clean. ADJOURNMENT TO At 8:35 p.m., the Mayor adjourned the meeting to a closed TO CLOSED SESSION session in first floor conference room A to discuss the item previously announced by the Assistant City Attorney. MEETING Mayor Monahan reconvened the meeting at 9:40 p.m., and the RECONVENED action taken during, closed session was announced. MOTION By a vote of 5-0; the discussion on appointment of a City Continued to Attorney and compensation package was continued to a special January 11, 1999 Council meeting scheduled for January 11, 1999, following the study session. ADJOURNMENT The Mayor declared the meeting adjourned at 9:45 p.m. Mayor of Ohle City of Costa Mesa ATTEST: Deputy Ci Clerk of the City of Costa Mesa 1 1