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HomeMy WebLinkAbout03/01/1999 - City CouncilREGULAR MEETING OF THE CITY COUNCIL. CITY OF COSTA MESA MARCH 1, 1999 The City Council of the City of Costa Mesa, California, met in regular session March 1, 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 Mayor Pro Tem Cowan, and invocation by Mayor Monahan. ROLL CALL Council Members Present: Mayor Gary Monahan Mayor Pro Tem Libby Cowan Council Member Joe Erickson Council Member Linda Dixon Council Members Absent: Officials Present: Council Member Heather Somers City Manager Allan Roeder City Attorney Jerry Scheer Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Finance Director Marc Puckett Budget and Research Officer Carol Jacobs Associate Planner Kim Brandt Park Superintendent Dave Alkema Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council February 16, 1999 Member Dixon, and; carried 4-0, the minutes of the regular meeting of February 16, 1999, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded by RESOLUTIONS Mayor Monahan, and carried 4-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Monahan read his letter commending the members of the Employees of the Finance Department, ,the March, 1999, Employees of the Month, Month for their tireless effort and outstanding achievement. The Finance Department consists of Shannon Allen, Anna Baca, Larry Bell, Dusty Bent, Diane Butler, Sandy Castle, Randall Chapman, Debbie Dobrott, Anna Dolewski, Pamela Henein, Carol Jacobs, Amanda Koh, Jim Miller, Karen Nelson, Tom Neth, Rick Rolsheim, Robindale Shepherd, Kathryn Webb, and Cyndy West. ORAL COMMUNI- Paul Bunney, 984 Linden Place, Costa Mesa, reported a problem CATIONS/ with the cable service on Channel 74, and asked if the- :City.'s Cable Television equipment had been ,repaired. The City Manager responded "that-. Service Problem periodically the equipment which changes the-, video tapes; malfunctions but he indicated that the problem has noW> -been_; resolved. Mr. Bunney supported the televising of -,c.0rrimissign-- and committee meetings. - `- 1 1 1 185 Cultural Arts John Feeney, 1154 Dorset Lane, Costa Mesa, addressed Committee Council's action at the February 16, 1999, to reinstitute the Cultural Arts Committee. He asked that steps be taken to ensure that the City does not become involved with persons or groups that choose to use the arts to spread hatred in the community. Mayor Monahan replied that he would oppose the promotion of "hatred", and assured Mr. Feeney that the City Manager and Council would work towards that end. Fire Department Terry Douglass, 1149 Sea Bluff Drive, Costa Mesa, reported on Use of Helicopter an incident involving the use of a City helicopter to extinguish a fire in flatlands between the Santa Ana River and Canyon Park. He stated that to obtain water, the helicopter flew less than 200 feet from several of the bluff homes with a bucket swinging from a long cord. He indicated that this helicopter was used for a small fire, and felt that the procedure was dangerous and should not be employed except in extreme emergency. He asked Council to review this procedure. CONSENT The following item was removed from the Consent Calendar: CALENDAR Item No. 6, Completion of Installation of Chain Link Fencing and Gates at Bark Park by Quality Fence Company, Inc. MOTION/Approved On motion by Council Member Erickson, seconded by Council Except Item No. 6 Member Dixon, and carried 4-0, the remaining Consent Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Enterprise Rent-A- Car; Jean Klug; Dale R. Nielsen; Mike Parsons; and Joan Popick. Alcoholic Beverage Alcoholic Beverage Control License request from Ten Seafood License and Sushi, 580 Anton Boulevard, Suite A101, for an original Type 41 (on -sale beer and wine for a bona fide eating place). SET FOR PUBLIC Resolution 99-11 was adopted: A RESOLUTION OF THE CITY HEARING/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 99-11, DECLARING THE INTENTION TO ORDER THE VACATION OF Setting Hearing for EXCESS CITY RIGHT-OF-WAY AT 2136 RALEIGH AVENUE, April 5, 1999 2135 STERLING AVENUE, AND 2136 WALLACE AVENUE, setting a public hearing on April 5, 1999, at 6:30 p.m. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1733 funding City operating expenses for 1733 $1,011,124.29. Approved Warrant Warrant Resolution 1734 funding City operating expenses for 1734/Payroll 904 $427,318.78, and Payroll 904 for $1,509,351.16. Awarded Contract Bids received for California Street "ADA" Improvements from for California Gisler Avenue to Minnesota Avenue, Project No. 99-01, are on Street "ADA" Im- file in the City Clerk's office. The contract was awarded to provements to Ranco Corporation, Post Office Box 9007, Brea, for Ranco $31,700.00. Approved Banners Approval was given to install 60 banners along Bristol and Bear for Beethoven Streets and Sunflower Avenue, from March 25 through May 23, Festival 1999, for the Philharmonic Society of Orange County's Beethoven Festival. Installation of Item 6 on the Consent Calendar was presented: Completion of Chain Link Fencing Installation of Chain Link Fencing and Gates at the Bark Park and Gates at Bark (TeWinkle Park), by Quality Fence Company, Inc., 10933 Park Garfield Place, South Gate. Mayor Pro Tem Cowan asked if the gates were self-closing. The Park Superintendent responded that self-closing gates were not part of the original contract but the gates had been retrofitted by staff with spring closures. MOTION On motion by Mayor Pro Tem Cowan, seconded by Council Accepted Work Member Erickson, and carried 4-0, 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. PUBLIC HEARING Mayor Monahan announced that the following public hearings GP -98-07; SP -98- would be considered at the conclusion of New Business: Public 03; and Traffic Hearing No. 1, a resolution adopting General Plan Amendment Uses Trailed GP -98-07 regarding, traffic uses, and Specific Plan Amendment SP -98-03 to prohibit the future development of mini -warehouses and land uses contrary to the Newport Boulevard Specific Plan; and Public Hearing No. 2, an ordinance regarding traffic uses. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Vacation of Alleys place set for the public hearing to consider a resolution ordering No. 127, No. 17, the vacation of public alleys No. 127, No. 17, . and No. 4. The and No. 4 Affidavit of Publishing and Posting of the Property are on file in the City Clerk's office. No communications were received. The Public Services Director summarized the Agenda Report dated February 22, 1999, and showed a map illustrating the location of the alleys. He reported that property owners had been notified, and meetings had been conducted with the owners and residents regarding the vacations. He stated that the Newport -Mesa Unified School District had declined to pay half of the cost for the ,fencing along Alley No. 127 adjacent to Estancia High School but indicated that if the property were vacated, they would be willing to revisit the issue. He explained that the City had proposed that the School District pay for 50 percent of the fence and accept ownership upon completion. The following Costa. Mesa residents supported the installation of a block wall and expressed dismay over the debris and vegetation currently in the area: Richard Clark, 830 Joann Street; Gretchen Passantino, 858 Joann Street, representing seven families; Kay, MacLean, 826 Joann Street; and Heather Bilinski, 842 Joann Street. Robert Graham, 3260 Dakota Avenue, Costa Mesa, asked about the relationship between the proposed Scott stadium and the wall. The City Manager replied that the stadium is proposed for the other end of the campus but there may be a requirement for parking in this area and near the tennis courts. He remarked that the School District has committed to conduct a full Environmental Impact Report (EIR) for the stadium project. Beth Delgado, 1018 Nancy Lane, Costa Mesa, stated that her home is adjacent to Alley No. 4, and related her problems with flooding. Mayor Monahan asked the Public Services Director to investigate the situation. Ronald Berg, owner of 523 Bernard Street, Costa Mesa, supported the vacation. The Public Services Director responded to Mayor Pro Tem Cowan by stating that the fencing is proposed for Alley No. 127, as well as two short sections of chain link fence on `Alley No. 17 (Bernard Street). In response to Mrs. Delgado's drainage problem, he noted the intent to move the existing drainage ditch outside of the 30 -foot wide easement, and retain the 60 -foot wide drainage easement through the center of the alley. He confirmed that the drainage proposal is included in the cost of the proposal being discussed. MOTION/Adopted On motion by Council Member Erickson, seconded by Mayor Pro Resolution 99-12 Tem Cowan, and carried 4-0, Resolution 99-12 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF PUBLIC ALLEYS NO. 17 AND NO. 4. Council Member Erickson agreed that the City should share the cost of the wall along with the Newport -Mesa Unified School District, and suggested a formal survey be conducted which includes the signatures and addresses of the property owners, concurring with an estimated cost and their participation. He also proposed that the School Liaison Committee meet with the Newport -Mesa Unified School District to discuss this matter. MOTION/Gave A motion was made by Council, Member Erickson, seconded by Directions to Staff Council Member Dixon, and carried 4-0, directing staff to take a and Continued to formal survey of the property owners, to set up a meeting May 3, 1999 between the School Liaison Committee, City Council, and the Newport -Mesa Unified School District, to arrange a meeting with Public Services and the residents and property owners, and directing that the public hearing be continued to the meeting of May 3, 1999. OLD BUSINESS The Deputy City Clerk presented from the Council meeting of Park Sites on the December 7, 1998, and the Council Study Session of February West Side 8, 1999, Parks, Recreation and Open Space Master Plan, Planning Area 1, Community Objective Nos. 98-1323, and 98- 624, identification of park sites on the west side per the policies contained in the Parks, Recreation, and Open Space Master Plan, and to consider an exception of those -sites under two acres. The Development' Services Director and the Associate Planner summarized the Agenda Report dated February 22, 1999. Jason Jazayeri, President of Advanced Construction Solutions, 17910 Sky Park Circle, Irvine, stated that he recently bid on the property at Charle/Hamilton Streets and reviewed the credentials of his company. He noted their intent to ensure that the project will enhance the neighborhood. MOTION/Gave A motion was made by Mayor Pro Tem Cowan, seconded by Directions to Staff Council Member Erickson, to sell the Charle/Hamilton Streets site, and use the proceeds for additional park development and/or acquisition in Planning Area 1; to amend the 1990 General Plan and Master Plan of Parks, Recreation and Open Space relative to the deletion of the Charle/Hamilton Streets site as a future pocket -park site; to finalize joint -use agreement with the Newport -Mesa Unified School District and park improvement plan for the Rea School Site; to develop preliminary pocket -park improvement plans for the Victoria/Maple Streets site; and to initiate preliminary negotiations for acquisition of the 1.3 -acre site at the southeast corner of Bay and Parsons Streets. The City- Manager clarified that a 10 -year lease, with two automatic 5 -year extensions, is the typical term for a joint use agreement. He suggested that since there is an interest in retaining Rea as a long-term neighborhood park, perhaps Council could negotiate for first right of refusal should the intention be to make the site available for use other than school purposes. The maker.of the motion added the City Manager's suggestion to the motion, and the seconder concurred. The motion carried 4-0. OLD BUSINESS The Deputy City Clerk presented from the meeting of February Allocation of 16, 1999, allocation of 1997-98 General Fund Net Revenue; and General Fund Net Budget Adjustment No. 99-66 for $1,925,886.00. The Budget Revenue and Research Officer summarized the Agenda Report dated February 19, 1999. MOTION/Approved On motion by Mayor Pro Tem Cowan, seconded by Council Budget Adjustment Member Dixon, and carried 4-0, Budget Adjustment No. 99-66 No. 99-66 was approved. NEW BUSINESS The Deputy City Clerk presented a proclamation observing Arbor Arbor Day Day on March 13, 1999. The Park Superintendent summarized Proclamation the Agenda Report dated February 10, 1999, and reported that the Arbor Day observance would occur on March 13, 1999, in connection with a tree planting program on Milbro Street and Post Road. Chris Hagen, a member of the Board of ReLeaf Costa Mesa, 2973 Harbor Boulevard, Suite. 187, Costa Mesa, thanked the City for renewing their participation in the Tree USA Program. She invited Council to attend the festivities at 9:00 a.m. on Saturday, March 13, 1999. MOTION/Approved On motion by Mayor Pro Tem Cowan, seconded by Council Proclamation and Member Dixon, and carried 4-0, the proclamation was approved, Participation in and the City was authorized to participate in the Tree USA Program Program. Council Member Erickson announced that each year the Rotary Club presents 2,200 trees to third grade students in Costa Mesa and Newport Beach, and also will be planting a 15 -gallon flowering red plum tree at Paularino School on Monday, March 8, 1999, at 8:30 a.m. NEW BUSINESS The Deputy City Clerk presented a request to amend the Treasurer's Invest- Treasurer's Investment Policy by increasing the amount of funds ment Policy invested with the Local Agency Investment Fund (LAIF) from $20 million to $30 million. The Finance Director reviewed the Agenda report dated .February 12, 1999. MOTION/Approved On motion by Council Member Erickson, seconded by Council Amendment Member Dixon, and carried 4-0, the amendment was approved. 7 L_J 1 1 I" NEW BUSINESS The Deputy City Clerk presented updates on the Santa Ana River SARX Study; and Crossings (SARX) Study, Community Objective 98-134; West Side West Side Specific Specific Plan Status Report No. 3. The Development Services Plan Director reviewed the Agenda Report dated February 18, 1999, on the West Side Plan; and the Public Services Director summarized the Agenda Report dated February 25, 1999, regarding the SARX Study. Mayor Pro Tem Cowan announced that the Latino Business Council is hosting a meeting at the Costa Mesa Senior Center, 695 West 19th Street, Costa Mesa, on Thursday, March 4, 1999, at 5:30 p.m. The Public Services Director reported that a full report on the history of the Technical Advisory Group (TAG), as requested by Mayor Pro Tem Cowan, would be supplied to Council prior to the meeting of March 15, 1999. He mentioned that one of the TAG representatives has not attended the last few meetings, and further information on that subject will also be provided. Mayor Monahan stated that it had been suggested that the formal updates be cut back to once a month. The following pro -19th Street bridge persons spoke: Paul Bunney, 984 Linden Place, Costa Mesa; Robert Graham, 3260 Dakota Avenue, Costa Mesa, who provided a videotape of statements made by Council Member Somers at the previous Council meeting; Phil Morello, Post Office Box 10487, Costa Mesa, who asked for a copy of the attendance sheets from the TAG meeting; and Mike Ontko, 3261 Dakota Avenue, Costa Mesa. Jeffrey Childs, 1139 Aviemore Terrace, Costa Mesa, Acting President of the Marina Highlands Homeowners Association, spoke in opposition to the 19th Street bridge. MOTION A motion was made by Mayor Pro ' Tem Cowan, seconded by Received and Filed Council Member Dixon, and carried 4-0, to receive and file the reports. PUBLIC HEARING The Deputy City Clerk announced the following public hearings: GP -98-07; SP -98- 03; and Traffic Continued from the meeting of February 1, 1999, resolution Uses adopting General Plan Amendment GP -98-07 to delete the floor area ratio category of very low traffic uses from the commercial -residential land use designation, and Specific Plan Amendment SP -98-03 to amend the Newport Boulevard Specific Plan to prohibit the future development of mini - warehouses and land uses which are contrary to the intent of the specific plan. Continued from the meeting of February 1, 1999, ordinance regarding very low traffic uses in the commercial -residential land use designation. MOTION/Adopted On motion by Mayor Pro Tem Cowan, seconded by Mayor Resolution 99-13; Monahan, and carried 3-1, Council Member Erickson voting not---,- Ordinance o;--_Ordinance 99-2 the following action was taken: -- Given First Reading Resolution 99-13 was adopted: A RESOLUTION OF -THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, .: ADOPTING GENERAL PLAN AMENDMENT GP -98-07 T0. SO CITY ATTORNEY'S REPORT/Request for Closed Session: Harbor Center DELETE THE FLOOR AREA RATIO CATEGORY OF VERY LOW TRAFFIC USES FROM THE COMMERCIAL -RESIDENTIAL LAND USE DESIGNATION, AND SPECIFIC PLAN AMENDMENT SP - 98 -03 TO AMEND THE NEWPORT BOULEVARD SPECIFIC PLAN TO PROHIBIT THE FUTURE DEVELOPMENT OF MINI - WAREHOUSES AND LAND USES WHICH ARE CONTRARY TO THE INTENT OF THE SPECIFIC PLAN. Ordinance 99-2, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TABLE 13-69 IN TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING VERY LOW TRAFFIC USES IN THE COMMERCIAL -RESIDENTIAL LAND USE DESIGNATION, was given first reading and passed to second reading. The City Attorney recommended that the following item be continued to the meeting of March 15, 1999: Request for closed session pursuant to Government Code Section 54956.9(a) to consider settlement proposal regarding Harbor Center, Orange County Superior Court Case No. 802258. COUNCIL Council Member Erickson reported on his attendance at the COMMENTS Advisory Committee for Teens (ACT) meeting on the skateboard Skateboard Park park. He announced that on Saturday, Marc -h 6, 1999, Council Members would be opening little league games for the American Little League and National leagues, and the Newport Harbor Baseball Games Association. Freedom Homes Mayor Pro Tem Cowan congratulated Mary Fewel in the Canyon Recognition Park/Freedom Homes area, named one of the top three family friendly neighborhoods by Orange County Family Magazine. Mayor's Award Mayor Monahan reminded viewers that Friday, March 5, 1999, was the deadline for the first Mayor's Award nomination. He announced that the award will be presented at the meeting of March 15, 1999, and thanked the business community for the gifts they have donated. ADJOURNMENT The Mayor declared the meeting adjourned at 8:25 p.m. (3 �� C:2 Mayor of th City of Costa Mesa ATTEST: Deputy Ci Clerk of the City of Costa Mesa C i 1