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HomeMy WebLinkAbout03/15/1999 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH 15, 1999 The City Council of the City of Costa Mesa, California, met in regular session March 15, 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 Kayla Martin, Vice President of the Kaiser Elementary School Student Council, and invocation by James T. Bradford, Newport -Mesa Christian Center. 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: None Officials Present: City Manager Allan Roeder City Attorney Jerry Scheer Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Community Services Director Keith Van Holt Personnel Manager Howard Perkins Senior Planner Willa Bouwens- Killeen Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Mayor March 1, 1999 Pro Tem Cowan, and carried 4-0, Council Member Somers abstaining, the minutes of the regular meeting of March 1, 1999, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded by RESOLUTIONS Mayor Pro Tem Cowan, and carried 5-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- Mark Korando, 582 Park Drive, Costa Mesa, representing CATIONS Habitat for Humanity of Orange County, reported that Habitat is Habitat for currently negotiating for three lots in order to provide low - Humanity income housing in Costa Mesa. He noted that there has been an overwhelming response from the community supporting their efforts. He asked that Council consider utilizing the surplus property at 2135 Sterling Avenue, Parcel No. 422-463-19 (City Attorney's Report No. 1 [b]), for an affordable housing project. Kaiser School The following members of the Kaiser Elementary School Student Field Trash Problem Council expressed concern regarding debris on the school playing field on Monday mornings, and asked Council to provide additional trash cans and to have the field cleaned at the end of the weekend prior to school starting: Carly Chamberlain, President; Kayla Martin, Vice President; Allison Simons, Secretary; Kyle Sherman, Liaison; Megan Hanley, Entertainment Vice President, who showed a photograph of the littered field; and Jennifer Ryder, Recycling. Council Member Somers suggested contacting either the Newport -Mesa Unified School District or their trash hauler to request larger trash bins or special accommodations for weekend activities. The City Manager responded that this subject could be discussed at the School Liaison Committee meeting. West 19th Street Robert Graham, 3260 Dakota Avenue, Costa Mesa, referred to Transition Zone a report dated July, 1985, which is an impact analysis of the transition zone on the north side of West 19th Street. He quoted the report as stating that,. "the extension of 19th Street across the Santa ;Ana River increases the potential market area for development within the transition zone." He suggested utilizing the report in the West Side study, and provided copies of the report to Council. Council Member Somers replied to Mr. Graham's suggestion that Huntington Beach residents support the bridge by stating that they had voiced opinions to the contrary at the Santa Ana River Crossing (SARX) Study meetings. 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. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Michael Sekura; and Westin Hotel Company. Alcoholic Beverage Alcoholic Beverage Control (ABC) Licenses: Licenses Upper Crust Pizza Works, 1870 Harbor Boulevard, Suite A210, for an original Type 41 ABC license (on -sale beer and wine for a bona fide eating place). I ' Vine Tales, 1680 Westminster Avenue, for an original Type 17 ABC license, (wholesale sales of beer and wine). Whole Foods Market, 1870 Harbor Boulevard, Suite B, for a person-to-person transfer of a Type 21 ABC license (off -sale general). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1735, funding City operating expenses 1735 for $518,655.82. Approved Warrant Warrant Resolution 1736, funding City operating expenses 1736/Payroll 905 for $557,937.8.7; and Payroll 905 for $1,492,833.89. ADMINISTRATIVE A Telecommunication's Audit Agreement was approved with ACTIONS/ Vani and Associates, 2601 North Grand Avenue, Suite 213, Approved Agree- Santa Ana, for an independent communications audit, at no ment with Vani for cost, and the Mayor was authorized to sign on behalf of the Audit City. 193 Approved Agree- An agreement was approved with KFM Engineering, Inc., 18 ment with KFM Technology, Suite 165, Irvine, to design the Fairview Road Engineering for Rehabilitation Project, for an amount not to exceed Fairview Rehabili- $122,900.00, and the Mayor and Deputy City Clerk were tation Design authorized to sign on behalf of the City. Awarded Proposal Proposals received for Proposal Item No. 1031, Purchase and Item No. 1031, Installation of an Audio -Video Presentation System, are on file Audio -Video in the City Clerk's office. The contract was awarded to System, to Hoffman Video Systems, 3002 Dow Avenue, Tustin, for Hoffman $49,928.62. Awarded Bid Item Bids received for Bid Item No. 1032, Hydrogen Peroxide, are on No. 1032, Hydro- file in the City Clerk's office. The contract was awarded to Los gen Peroxide, to Angeles Chemical Company, 4545 Ardine Street, South Gate, Los Angeles for an amount not to exceed $45,000.00 per year for three Chemical years. Awarded Citywide Bids received for Citywide Annual "ADA" Improvements, "ADA" Improve- Project No. 99-02, are on file in City Clerk's office. The ments, Project No. contract was awarded to S. Parker Engineering, Inc., 99-02, to S. Parker 10059 Whippoorwill Avenue, Fountain Valley, for Engineering $28,690.00. Approved Banner A request was approved from Children's Hospital of Orange Request for CHOC County (CHOC), 455 South Main Street, Orange, to install 60 banners on Avenue of the Arts, Anton Boulevard, Sunflower Avenue, Bristol and Bear Streets, and Town Center Drive, from September 11 through October 12, 1999, promoting their ninth annual walk. ANNOUNCEMENT Mayor Monahan announced that New Business Item No. 3, an ordinance dealing with self-service tobacco products, would be considered directly after the following public hearing. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Council Review of place set for the public hearing to consider a request from PA -98-93, Bunning/ Mayor Pro Tem Cowan for Council Review of Planning Miles Application PA -98-93, Timothy Bunning, authorized agent for Dennis Miles, for a conditional use permit to establish an automotive repair shop within 200 feet of a residential zone, including construction of a 738 -square -foot structure behind the existing building where the work will be conducted, located at 1884 Placentia Avenue in a C1 zone. Environmental Determination: Exempt. The Affidavits of Mailing and Publishing are on file in the City Clerk's office. No communications were received. The Senior Planner reviewed the Agenda Report dated March 5, 1999, and showed a picture of the existing site. She responded to questions from Council. Timothy Bunning, owner of Beach House Imports, 728 West 161`' Street, Costa Mesa, showed an artist's projection of the property with the proposed "face lift". He reported that his automotive repair shop services approximately three cars per day, and, he will be investing $50,000.00 for improvements to the property which include the "face lift", landscaping, and construction of a sound wall. He responded to questions from Council by stating that he had been informed by the Building Division that a solid, opaque, block wall is considered a sound wall; his total out-of-pocket investment will be approximately 194 $250,000.00; employees consist of himself and one helper; and he had investigated other properties for the business. Council Member Somers expressed concern over the effect of potential noise reverberation on the neighborhood. The following persons spoke in support of the application: Laurel Gregory, 1926 Altura Drive, Corona del Mar; Lloyd Gregory, 2018 Altura Drive, Corona del Mar; Don Gregg, 2311 Santa Ana Avenue, Costa Mesa; Tony Russo, 180 21st Street, Costa Mesa, district manager for Wahoo's Fish Taco; and Dave Skweir, 355 Avocado Street, No. H2, Costa Mesa. There being no oither speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Mayor Pro Tem Cowan, seconded by Resolution 99-14 Council Member Erickson, and carried 5-0, to adopt Resolution 99-14, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT PA -9',8-93, modifying Condition of Approval No. 6 by specifying an 8' -foot high sound attenuation wall, and adding Condition of Approval No. 19 that a decorative gate shall be installed under the! direction of the Planning staff. Council Member Somers supported the motion but mentioned that implementation of the West Side Specific Plan may eventually disrupt; Mr. Bunning's business. She expressed concern that noise from the business might disturb the neighborhood, and asked that staff assist with the determination of an appropriate sound wall. Mayor Pro Tem Cowan explained that the West Side Specific Plan would not necessarily upsetl west side businesses but that they may become nonconforming legal uses. NEW BUSINESS The Deputy City Clerk presented a request from Mayor Pro Tem Self -Serving Cowan for City Council consideration of an ordinance dealing Tobacco with self-service tobacco products. Communications in support Products of such an ordinance were received from Mark Lewis, Mayor, City of El Cajon, 200 East Main Street, EI Cajon; United States Representative Loretta Sanchez, 1529 Longworth Building, Washington D.C.; .Linda Sneen, Davis Education Center, Parent Teacher Association, 1050 Arlington Drive, Costa Mesa; Cynthia Shafer and Lisa Goodman, Community Coalition Against Substance Abuse,: 16842 Von Karman, Suite 425, Irvine; and Patty Christiansen, President, TeWinkle Middle School PTA, 3224 California Street, Costa Mesa. Mayor Pro Tem Cowan introduced members of the Campfire Girls Speak Out Program who addressed the issue: Becca Silva, 3338 Maryland Circle, Costa Mesa, showed a picture of current self-service tobacco displays; Haunani Nakabara, 1726 Labrador Drive, Costa Mesa; Aivan Nguyen, 879 Congress Street, Costa Mesa; Eva Varma, 879 Oak Street, Costa Mesa; and Bret Taboada, 3205 New York Avenue, Costa Mesa. Speaking in support of the proposed ordinance were Costa Mesa residents Sherri Hoyt, 2049 Federal Avenue, co -president of the Estancia High School Parent Teacher Association; Peter Fay, 2044 Monrovia Avenue; Gina Keuilian, 2414 Niagara Way, co-owner of Harbor Fair Texaco, 2502 Harbor Boulevard; Kelly ,u } Feldman, 1897 Orange Avenue, member of the Child Care and Youth Services Committee; and Costa Mesa Chamber of Commerce President Ed Fawcett, 1700 Adams Avenue, Suite 101, Costa Mesa. Wayne Dutro, 2905 Redwood Avenue, Costa Mesa, asked the meaning of the phrase "out of sight, out of reach". Mayor Pro Tem Cowan responded that utilizing a vendor assisted display would allow the product to be visible but unreachable to the purchaser. Mr. Dutro believed that the State of California has adopted a law which allows tobacco products to be on the counter as long as there is an encasement, with vendor assistance to retrieve the product. Tom Cottom, 220 Knox Street, Costa Mesa, representing Hi - Time Cellars Smoke Shack, 250 Ogle Street, supported the proposed ordinance, and stated that young people should reach an age of majority prior to making the decision to smoke. He expressed concern about the economic impact on business since the Proposition 10 initiative, and related his problem with pipe tobacco and walk-in humidors. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, objected to the government dictating to businesses where and how they sell a legal product. She asked why liquor was not included in the ordinance. Mayor Pro Tem Cowan responded that there is virtually no on -counter display of alcohol, and a business would lose their license should they sell alcohol to a minor. Mrs. Feeney requested that the sale of alcohol be addressed in the ordinance. John Feeney, 1154 Dorset Lane, Costa Mesa, opposed government intervening in the sale of cigarettes. Mayor Pro Tem Cowan stated that there are exemptions for tobacco retail shops, and for businesses such as the Hi -Time Cellars Smoke Shack. Council Member Somers suggested that an exemption clause be included in the ordinance stating that a retail tobacco store means that at least 50 percent of the annual gross receipts are from the sale of tobacco. She commended the Speak Out group for their hard work. MOTION/Gave A motion was made by Mayor Pro Tem Cowan, seconded by Directions to Staff Council Member Somers, and carried 4-1, Council Member Erickson voting no, directing the City Attorney to draft an ordinance utilizing ordinances from the cities of Pasadena and Coronado as models; directing the Child Care and Youth Services Committee to host a meeting with the Chamber of Commerce and the Speak Out members to review the ordinance, and to revise it as necessary; and to address items such as exemptions, assuring that the needs of specialty shops, such as Hi -Time Cellars, are addressed; and to bring the ordinance to Council for first reading. Council Member Erickson opposed the motion, stating that to move objectionable items away from children did not solve the problem. He felt that the emphasis should be on education and improving the character of young people. Mayor Monahan asked that the ordinance have a good definition of the exemptions and that which is and is not allowed. 195 OLD BUSINESS The Deputy City Clerk presented from the meeting of March 1, Traffic Uses in 1999, second reading and adoption of Ordinance 99-2, Commercial-Resi- regarding very low traffic uses in the commercial -residential dential Areas land use designation. MOTION/Adopted On motion by Mayor Pro Tem Cowan, seconded by Mayor Ordinance 99-2 Monahan, and carried 4-1, Council Member Erickson voting no, Park with at least 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 - Mayor Pro Tem -that RESIDENTIAL LAND USE DESIGNATION, was given second reading and adopted. OLD BUSINESS The Deputy City Cleric presented a request from Mayor Pro Tem TeWinkle Softball Cowan for City Council review of direction relating to the Facilities expansion of the TeWinkle softball facilities. Communications opposing the elimination of the baseball field at TeWinkle Park were received from Ron Amburgey, Field Coordinator, Costa Mesa American Little League Baseball, Post Office Box 5025- 456, Costa Mesa, and Calvary Chapel High School, Department of Athletics, 3800 South Fairview Road, Santa Ana. Mayor Pro Tem Cowan addressed the Agenda Report dated March 10, 1999. The Community Services Director responded to questions from Council. Debbie England, 304 Joann Street, Costa Mesa, stated that the track at Davis School is used daily by 680 5t' and 6th grade students. She indicated that there is not enough room for _ another track, and reported a security problem because fencing does not completely encircle the area. She suggested providing more playing fields for the children and less for adults. The Community Services Director responded that the fields were open to children as well as adults. Rand Foster, 947 Capital Street, Costa Mesa, opposed hiring a private party to run the athletic fields. He proposed forming booster leagues to run the snack bars. He related his experiences with the City's ball fields. Jim Atkinson, 1871 Alanzo Lane, Costa Mesa, asked that the ball fields not be located close to his housing tract. He reported that the homeowners in the Mesa del Mar area are concerned about the field lighting encroaching on their privacy. He proposed investigating other locations prior to changing existing fields. Fred Loyd, 2644 Elden Avenue, No. 14 Costa Mesa, concurred that there is a need for more ball fields. MOTION/Gave A motion was made by Mayor Pro Tem Cowan, seconded by Direction to Staff Mayor Monahan, directing staff to proceed with moving the baseball field to Lucas Davis field at Lions Park, and to build a four -field softball complex at TeWinkle Park with at least one 300 -foot field. Mayor Monahan clarified with the Mayor Pro Tem -that the baseball field would be moved to Lucas Davis field at the beginning of the process. Council Member Erickson opposed the motion and expressed concern regarding the loss of the utility field and baseball field at TeWinkle Park. Council Member. Somers concurred with Council Member Erickson. She supported retaining the baseball field in its present location. Council Member Erickson reported that he and Council Member Dixon, in their role as liaisons, would meet with the Newport -Mesa Unified School District in the near future, and suggested postponing a decision until after that time. Council Member Somers asked that possible locations for athletic fields be discussed with the District. The Community Services Director replied that this subject has been addressed, and the prohibitive problem is lighting since the schools are located in residential areas. SUBSTITUTE A substitute motion was made by Council Member Erickson, MOTION/To seconded by Council., Member Somers, to continue this item for Continue for 30 at least 30 days. Mayor Monahan opposed the substitute Days Failed to motion because he did not believe discussions with the District Carry on this subject would be fruitful. The substitute motion failed to carry 3-2, Council Members Monahan, Cowan, and Dixon voting no. The original motion carried 3-2, Council Members Erickson and Somers voting no. NEW BUSINESS The Deputy City Clerk presented a recommendation from the Jerry Tripp Mem- Parks, Recreation Facilities, and Parkways Commission to orial Plaque approve the request from Merilyn Morgan -Tripp to install a memorial plaque in Lindbergh Park honoring her husband, Jerry Tripp. The Community Services Director reviewed the Agenda Report dated March 3, 1999. Mayor Monahan asked staff to prepare a report on the Council Policy regarding plaques, with the intention of delegating this responsibility to the Parks, Recreation Facilities and Parkways Commission. MOTION On motion by Council Member Somers, seconded by Mayor Pro Approved Plaque Tem Cowan, and carried 5-0, installation of the plaque was approved. NEW BUSINESS The Deputy City Clerk presented a request to display the Costa Costa Mesa Com- Mesa Community Quilt in the lobby of City Hall. The Personnel munity Quilt Manager summarized the Agenda Report dated March 5, 1999. Bette Flick, 2030 Calvert Avenue, Costa Mesa, Chairperson of the Human Relations Committee, reported that three panels to the community quilt have been completed and are displayed on the 5" floor of City Hall. She suggested placing the quilt in the lobby, and proposed placing it on the right side of the lobby entrance. MOTION/Approved A motion was made by Mayor Pro Tem Cowan, seconded by Display of Quilt Council Member Erickson, and carried 5-0, to approve the display of at least one panel of the community quilt in the City Hall lobby. A97 CITY ATTORNEY'S The City Attorney. requested a closed session pursuant to REPORT/Request Government Code Sections 54956.8 and 54956.9(a) to discuss for Closed Session: the following items: Continued from the meeting of March 1, Harbor Center; Dis- 1999, consider settlement proposal regarding Harbor Center, position of Surplus Orange County Superior Court Case No. 802258; and City Properties disposition of five surplus City properties. The Mayor announced that closed session would be held at the conclusion of regular business. COUNCIL. COMMENTS Mayor Monahan congratulated Council Member Erickson on his Los Angeles successful completion of the Los Angeles Marathon on Sunday, Marathon March 14, 1999. Little League Council Member Dixon thanked the Costa Mesa Little League Opening Day for their invitation to participate in opening day ceremonies. She announced that the Costa Mesa Civic Playhouse will be Civic Playhouse hosting a fund raiser and silent auction on Friday, March 27, and Costa Mesa 1999; and the Costa Mesa High School Grad Night Committee High School Fund will have a silent auction on Saturday, March 28, 1999, at Raisers Triangle Square with food catered by Taco Mesa. Child Care and Council Member Erickson reported on his first meeting as liaison Youth Services to the Child Care and Youth Services Committee, stating that Committee the committee members have a lot of energy and motivation. He mentioned his participation in the Releaf Costa Mesa activity Releaf Costa Mesa on Saturday, March 13, 1999, and suggested that the City purchase an auger to assist with the tree planting, and attempt to better notify residents where and when the plantings will Releaf Costa Mesa occur. Mayor Pro Tem Cowan related her experience with the ReLeaf Costa Mesa planting, noting the friendliness of the residents. She commented that over 60 trees were planted. She reported that the ad hoc landscaping committee is progressing well. Costa Mesa Council Member Dixon stated that she had attended the Costa Historical Society Mesa Historical Society opening, and suggested that community members would benefit from a visit. ADJOURNMENT At 9:00 p.m., thel Mayor adjourned the meeting to a closed TO CLOSED session in first floor conference room A to discuss the items SESSION previously announced by the City Attorney. MEETING; Mayor Monahan reconvened the meeting at 9:50 p.m., and the RECONVENED action taken during closed session was announced. MOTION/Approved Regarding the Harbor . Center, Orange County Superior Court Harbor Center Case No. 802258; by a vote of 5-0, Council approved the Settlement settlement proposal as outlined in the City Attorney's memorandum of March 11, 1999. MOTION/Approved Regarding the property at 523 Hamilton Street (APN 422-091- 523 Hamilton 04 and APN-422-091-05), by a vote of 5-0, Council Street Purchase approved the purchase and sale agreement as outlined in the and Sale Agree- City Attorney's confidential memorandum dated March 8, ment 1999. = a 1Ain MOTION/Approved Regarding the property at 2136 Raleigh Avenue (APN 422-463- 2136 Raleigh Ave- 02), by a vote of 5-0, Council approved the purchase and sale nue Purchase and agreement as outlined in the City Attorney's confidential Sale Agreement memorandum dated March 8, 1999. MOTION/Gave Regarding the property at 2135 Sterling Avenue (APN 422 -463 - Direction to Staff 19), by a vote of 4-1, Council Member Somers voting no, staff Re 2135 Sterling was directed to solicit purchase proposals by the bid Avenue process. MOTION/Gave Regarding the property at 111 East 18t' Street, Direction to Staff (APN 425-443-16), by a vote of 5-0, staff was Re 111 East 18th directed to solicit purchase proposals by the bid Street process. MOTION/Approved Regarding the property at 135 East 17th Street, by a vote of 5 - Proposal for 135 0, Proposal "A" was approved as outlined in the City Attorney's East 17th Street confidential memorandum dated March 8, 1999. ADJOURNMENT The Mayor declared the meeting adjourned at 9:55 p.m. Mayor of yfie City of Costa Mesa ATTEST: Deputy City 6 lerk of the City of Costa Mesa 1