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HomeMy WebLinkAbout04/19/1999 - City Council1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 19, 1999 The City Council of the City. of Costa Mesa, California, met in regular session April 19, 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 Mayor Monahan. 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 City Attorney Jerry Scheer Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Community Services Director Keith Van Holt Redevelopment and Housing Manager Muriel Ullman Assistant City Attorney Tom Wood Principal Planner Mike Robinson Budget & Research Officer Carol Jacobs Park Superintendent Dave Alkema Transportation Services Manager Peter Naghavi Management Analyst Donna Hinshaw CDBG/HOME Coordinator Mike Linares Assistant to the City Manager, Ann Shultz Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council April 5, 1999 Member Somers, and carried 5-0, the minutes of the regular meeting of April 5, 1999, 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 Costa Mesa Sanitary District Volunteers ORAL COMMUNI- CATIONS Graham Comments Bunney Comments Mayor Monahan read Certificates of Appreciation for volunteer interns who completed assignments in the City during the first quarter of 1999, and presented the documents to Fernie Sy, a volunteer in the Planning Division, and Larry Tamayo, a volunteer for the Costa Mesa Sanitary District. Also honored were Chintaporn Hiransomboon and Daisy Y. Lowe, who were not in attendance. Robert Graham, 3260 Dakota Avenue, Costa Mesa, responded to a comment made at -the meeting of April 5, 1999, by stating that he opposed the study of a bridge connection for Gisler Avenue because it is not a commercial boulevard. He noted that East 19th Strieet should be studied from an economic standpoint. Mr. Graham added that the west side of Costa Mesa is in need of assistance to cure existing problems. He presented visual diagrams to illustrate his point. Paul Bunney, 984 Linden Place, Costa Mesa, reported that a west side newsletter addresses items of interest in the area, and commented that the most recent issue spotlights traffic issues and the lack of a stop sign at the Governor Street and National Avenue intersection. He showed pictures of the congestion at that intersection during peak -traffic hours. He supported construction of the 19th Street bridge and a Bluff Road. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 8, Completion of capital improvements at the Costa Mesa Tennis Center by Hank Lloyd's Tennis; and Item No. 9, System acquisition and implementation for Phase 3 of the City's Computer Master PiIan. I MOTION/Approved On motion by Council Member Erickson, seconded by Council Except Items 8 and Member Somers, and carried 5-0, the remaining Consent 9 Calendar items were approved as recommended. READING FOLDER The following Reading Folder items , were received and processed: Claim Claim received by the Deputy City Cleric Steffani Unvert. Public Utilities Notice that Southern California Gas Company has filed Commission Application No. 99-03-049 with the Public Utilities -Commission requesting approval to increase rates by $3.134 million to recover costs due to the February, 1998, EI Nino storms. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1740, funding City operating expenses 1740/Payroll 907 for $719,945.32; and Payroll 907 for $1,496,330.81. Approved Warrant Warrant Resolution 1741, funding City operating expenses 1741 for $1,131,437.189., REJECTED CLAIMS The following claims were rejected: I Cervantes Claim from Elizabeth Cervantes, a minor (bicycle accident in front of own driveway). LJ 1 F_j Hougard Claim from Sara Fay Hougard (alleged faulty roadway design contributed to serious injury accident). ADMINISTRATIVE Resolution 99-22 was adopted: A RESOLUTION OF THE CITY ACTIONS/Adopted COUNCIL .OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 99-22, AUTHORIZING ACCESS TO SALES AND USE TAX RECORDS Access to Sales PURSUANT TO REVENUE AND TAXATION CODE SECTION and Tax Records 7056. Approved Budget Budget Adjustment No. 99-81 was approved for $3,410.00, to Adjustment 99-81 replace surveillance tracking equipment. Approved Agree- A Communications Network Lease and Maintenance Agreement ment with Media was approved with MediaOne, 550 North Continental One for Optic Boulevard, -EI i Segundo, for an amount not to exceed Network; Approved $294,000.00, for. dedicated fiber optic network installation; the Budget Adjustment Mayor and Deputy City Clerk were authorized to sign on behalf 99-92 of , the City; and Budget Adjustment No. 99-92, for $294,000.00, was approved. Accepted Work for Alley No. 77 Storm Drain. Repair and Iowa Street Storm Drain Alley No.* 77 by Improvement, Project No. 98-13, was completed to the 4 -Con Engineering satisfaction of the Public Services Director on March 5, 1999, by4-Con Engineering, Inc., 896. West Tenth Street, Azusa. 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. Capital Improve- Item 8 on the Consent Calendar was presented: Completion of ments at Costa capital improvements at the Costa Mesa Tennis Center by Hank Mesa Tennis Lloyd's Tennis, 34205 Doheny Park Road, Capistrano Beach. Center by Hank. Mayor Monahan asked the Community Services Director to Lloyd's Tennis provide an update on the project_..d, The Director reported that tennis club revenues have doubled; capital improvements required by the contract, including resurfacing the courts, new windscreens, nets, and improvements to the Tennis Center building, have been completed; and next year a semi-annual evaluation report will be prepared. He announced that the Tennis Center open house will be held on Saturday, June 12, 1999. Mayor Pro Tem Cowan related that the Tennis Center will participate in the United States Tennis Association free lesson program. MOTION/Accepted On motion by Council Member Somers, seconded by Council Work, Exonerated Member Erickson, and carried 5-0; the work was accepted, and Bonds the bonds were ordered 'exone `rated: System Acquisition Item 9 on the. Consent Calendar was presented: System and Implementation acquisition and implementation for Phase 3 of the City's for Phase 3 of the Computer Master Plan. City's Master Plan Agreement with A.C.T. GIS., Inc., for Geographic Information System (GIS) core system with an interface to Public Safety and Needs Assessment. MOTION/Approved Agreement, Solici- tation of Bids, and Adjustment 99-89 ANNOUNCEMENT Solicitation of bids to procure public safety hardware consisting of 109 personal computers and 31 printers, for an amount not to exceed $150,000.00. Budget Adjustment No. 99-89 for $395,000.00. The City Manager reviewed the purpose of the subject purchase, corrected the amount of the bid for public safety hardware to $190,000.00, and stated that the budget adjustment amounti is $435,000.00. He reported that the GIS will provide geographic- information for all other departments. On motion by COL Pro Tem -Cowan, ai with A.C.T. GIS., I for an amount nc Manager and Dep behalf of the City amount not to exi No. 99-89 for $4311 Mayor Monahan ar was in attendance. ncil Member Erickson, seconded by Mayor id carried 5-0, the agreement was approved ic., 937 South Via Lata, Suite 500, Colton, t to exceed $244,303.00, and the City ity City Clerk were 'authorized' to sign on solicitation of bids was approved for an eed' $190,000.00; and Budget Adjustment ,000.00, was approved. u'nced that former Mayor Mary Hornbuckle PUBLIC HEARING The Deputy City CI'erk.announced the public hearing, continued Moratorium for from the meeting � of April 5, 1999, to consider an interim Westside Specific urgency ordinancej to, impose a development moratorium for Plan Area properties within the Westside Specific Plan Area. Properties Communications were received from Manfredo Lespier, President of the Latino Business Council, 1700 Adams Avenue, Suite 101, Costa Mesa', objecting to the proposed moratorium; and Daniel Zaccuri,1393 Galway Lane, Costa Mesa, requesting that his and other currently approved projects be exempt from the moratorium. The Development Services Director summarized the Agenda Report dated April 13, 1999. The Development Services Director, Principal Planner, and City Attorney responded to questions from Council. Woodie Tescher, EIP Associates, 11601 Wilshire Boulevard, Suite 1400, Los Angeles, indicated that currently approved projects would not be affected by the moratorium. He provided an update on thei study, reporting that a menu of possible options has been identified for the west side area, the feasibility of the options is now being determined, and work should be concluded in four Ito five weeks. At that time, Mr. Tescher reported that additional community meetings will be held. Robert Graham, 3260 Dakota Avenue, Costa Mesa, opined that the west side 'area is ; stagnant because the. extension of 19tH Street to the beach; has not been seriously considered. Roy Pizarek, 19231 Whittier Avenue, Costa Mesa, encouraged Council to investigate which businesses would be affected by the moratorium, and to arrange for a compromise. He opposed the construction of a storage facility on Whittier Avenue and an engine repair shop on Placentia Avenue. Curt Olson, co-owner of the proposed storage facility at 1741 Whittier Avenue, Costa Mesa, supported changing the zoning in his area but opposed the ,moratorium, calling it unfair. He 1 1 ?J { � F{ � f Y 2.21 indicated that he had not been notified about a moratorium prior to his recent purchase of the Whittier Avenue property. Phil Olson, Nexus Development, 240 Newport Center Drive, Suite 200, Newport Beach, co-owner of 1741 Whittier Avenue, reiterated the lack of notification regarding a possible moratorium. He opposed the moratorium, stating that it would have a negative impact on existing businesses and the City. Patrick Crowley, Jordan Architects, 34700 Pacific Coast Highway, Suite 203, Capistrano Beach, authorized agent for Nexis Development, opposed the moratorium, and . reviewed aspects of the -storage project. Roger Grable, Paone, .Callahan, McHolm, and Winton, 19100 Von Karman Avenue, Irvine, attorneys for Nexis Development, . : %` reported that a moratorium would create a significant financial hardship for his client. There being no other speakers, the Mayor closed the public hearing. Council Member Somers summarized her reasons for supporting the moratorium, specifying that she felt that the consultant's recommendations should be considered prior to proceeding with any new construction on the west side. Mayor Pro Tem Cowan stated that the west side is being studied for, the general welfare of the community, and mentioned that both the residential and business communities are interested in the change. Motion to Approve A motion was made by Mayor Pro Tem Cowan, seconded by 45 -Day Moratorium Council Member Somers, to approve a 45 -day moratorium on all Died new uses in the targeted area of 19t'' Street between Pomona and Whittier Avenues, on the 19t'' Street side of Center and Arbor Streets, and along Placentia :Avenue between 181'' and Victoria Streets, on the Placentia side of Palace and Federal Avenues; and placing a moratorium on bars, liquor stores, and convenience stores that sell alcohol within the entire west side study area. Council Member Somers asked that the "bluff top" industrial property be included in the target area. Mayor Pro Tem Cowan declined the modification, and Council Member Somers withdrew her second to the motion. Council Member Erickson seconded the motion. After discussion, Council Member Erickson withdrew his second, and the motion died for lack of a second. Motion to Approve A motion wa's made by Council Member Erickson to approve a Moratorium Died moratorium for all new sales of alcoholic beverages, bars, liquor stores, and convenience stores within the target area. The motion died for lack of a second. Motion to Approve A motion was made by Council Member Somers, seconded by Moratorium Failed Council Member Dixon, to approve a moratorium on all new to Carry uses in the targeted area of 19' Street between Pomona and Whittier Avenues, on the 19t' Street side of Center and Arbor Streets, and along Placentia Avenue between 18t'' and Victoria Streets, on the Placentia side of Palace and Federal Avenues, Motion to Approve Moratorium Failed to Carry placing a moratori well as all new sal and convenience failed to carry 3 Cowan voting no. A motion was mac Council Member Er all new uses in Pomona and Whitti and Arbor Streets, and Victoria Street., Avenues, with the Placentia Avenue, alcoholic beveragE stores, within the .t m on the "bluff top" industrial property, as s of alcoholic beverages, bars, liquor stores, tores, within the target area. The motion Council Members Monahan, Erickson, and e by Mayor Pro Tem Cowan, seconded by ckson, to approve a 45 -day moratorium on he -targeted area of 19t' Street between :r Avenues, on the 19th Street side of Center and along Placentia Avenue between 18th on the Placentia side of Palace and Federal :xception of the Bunning Auto Repair, 1884 placing a moratorium on all new sales of s, bars, liquor stores, and convenience irget area. Mayor Monahan opposed the motion because the action would preclude possible areas of investment. He believed that the moratorium would continue for longer than 45 days, and stated that the west side requires investment to improve. Council Member Dixon supported the motion, stating that money and community effort have been invested in the improvement of the west side. She observed that alternatives should be considered prior to moving forward. Council Member Somers commented that the taxpayers money and time would be wasted if projects are allowed to continue without benefit of the full scope of the study. The, motion failed to carry 3-2, Council Members Monahan, Somers, jand Dixon voting no. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Appeal of place set for the public hearing to consider an appeal of the PA -98-86/ Planning Commission's denial of Planning Application PA -98-86, ZA-98-44, Pacific Zoning Application ZA-98-44, from Pacific Planning Group, Planning Group/ 4500 Campus Drive, Suite 626, Newport Beach, authorized Garvin Drive agent for Garvin Drive, for a conditional use permit to construct a 5,504 -square -foot commercial building, including a 3,700 - square -foot self-service laundry with a convenience store; minor conditional use permits for a 1,100 -square -foot restaurant with a drive-thru window and deviation from the shared parking study; and a variance from side setback requirements (15 feet required, 3 feet proposed), to allow a switch gear and electric transformerwithin street side setback, located at 560 West 19th Street, in - a I C2 zone. Environmental Determination: Negative Declaration. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Two communications were received from Joseph Ryan, Vice President, Bank of America, 600 Wilshire Boulevard, 2"d Floor, Los Angeles, opposing shared parking, and stating that the bank would be willing to further discuss the shared parking' scenario if the developer is able to modify his plan . so that on-site parking meets code requirements.. The Development Services Director reviewed the Agenda Report dated April 7, 1999, and showed overhead illustrations of the proposed project. Dan Hicks, Pacific Planning Group, 4500 Campus Drive, Suite 626, Newport Beach, commented that they were in agreement with the proposed conditions of approval. He showed photographsof a I ypical Lucy's Laundrymart, and provided a brief history. He jeported that the laundry facility is the main C 1 r 223 business, and alcoholic beverages and adult materials are. not sold in the stores. He emphasized that the proposal is fair, and the business would be an asset to the community and a good investment in the area. Jeffrey Fisher, Garvin Drive LP, 17337 Venture Boulevard, Suite 205, Encino, owner of the property, stated that he was impressed with Lucy's operation, and explained that they have a vested interest in maintaining the high integrity of the property. Karen Blankenzee, Pacific Planning Group, addressed the issue of shared parking with the Bank of America, stating that they will work with the bank to resolve the problem. She asked that this not be made a condition of approval. Ms. Blankenzee concurred that Alternative A (not included in the original agenda report) would be°=>'acceptable. Dan Hicks noted that the operation is family friendly, having a children's play area in the northeast corner. Chris Kriebel, 16427 Filbert Street, Fountain Valley, a Costa Mesa business owner, appreciated that the trucking hours had been restricted but objected to trucks entering the property via the front entrance. She observed that the access to this location will cause a backup on Maple and 19th Streets. Holly Forsythe, 106 La Costa Court, Costa Mesa, supported the application, noting that it would be a good fit in the neighborhood. Norm Abel, general partner with JFL Partnership, no address given, whose company owns 37 apartments at 1917, 1919,. and 1921 Maple Avenue, complimented the developer on the quality of the architectural design .but expressed concern regarding parking. He suggested that the project would benefit from.; additional parking through an.,agreement with the Bank of America. The resident at 2159 Meyer Place, Costa Mesa, supported the application, stating that the aesthetics of the building suited the area. Shari Dorenkamp, 3812 Sepulveda Boulevard, Suite 530, Torrance, a representative for Lucy's Laundrymart, reported that their goal is to create a community resource for the immediate neighborhood. She indicated that they have a great deal of experience operating in urban areas, have accepted the 76 conditions of approval, and will accept the additional 4 or 5 pages of,conditions recommended by the Police Department. The ' owner of a liquor store on West 191h Street, opposed the application. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Mayor Pro Tem Cowan, seconded by Resolution 99-23 Mayor Monahan, to adopt Resolution 99-23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA-98- 86/ZA-98-44; to approve Alternative A, with the condition that the menu order board be relocated an adequate distance subject BK4 7 SUBSTITUTE MOTION/To Continue Failed to Carry AMENDED MOTION Added Stop Sign and Wall Sign RECESS PUBLIC TEARING South Coast Metro Center, GP -98-08/ SP -98-04, Master Plan PA -98-77, and DA -99-01 to Planning Divisio parking requiremer Conditions of Appi the Agenda Report Council Member Sc potential traffic ar investigate the trz vacating or blockir point on Maple S regarding parking c A substitute motic seconded by Cour hearing to the mee failed to carry 3-2 Cowan voting no. Council Member Director's commE condition that a s lot traveling east 1 wall of the Bank ( way situation. T addition, as did tr Council Member S approval; to grant a deviation from shared (25 spaces approved); and subject to the tal as outlined on Pages 13 through 19 of mers opposed the motion because of several id parking problems. She asked staff to ffic situation and the possibility of either g the alley and adding an alternate access treet. She wished to obtain information onsiderations from the Bank of America. n was made by Council Member Somers, cil Member Dixon, to continue the public ing of May 3, 1999. The substitute motion Council Members Monahan, Erickson, and Erickson asked that the Public Services its be added to the motion: with the )p sign be installed for traffic in the parking sward the alley, and a sign be placed on the America building indicating that it is a one - e maker of . the motion concurred with the seconder. The original motion carried 4-1, mers voting no. The Mayor declared a recess at 8:50 p.m., and reconvened the meeting at 9:05 p.m. - The Deputy. City Clerk announced that this was the .time and place set for the public hearing to consider a request from Phillip R. S,chwartzie, agent for McCarthy, Cook and Company, for completion of South Coast Metro Center, located in the 500 block (odd numbe is only) of Anton Boulevard, in a PDC zone (existing development 'at South Coast Metro Center includes three office buildings containing 749,289 square feet). Environmental Determination: Negative Declaration. General Plan Amendment GP -98-08 and Specific Plan Amendment SP X98-04, for amendments to the 1990 General Plan and North Costa Mesa Specific Plan to create a site specific floor area ratio of 0.72 (0.60 allowable). Master Plan PA -98-77, for a preliminary master plan consisting of new construction of 4 office buildings (4 stories each, 7I feet in height) totaling 475,000 square feet; 2 restaurants totaling 22,000 square feet; a 4,500 -square - foot retail buildiing; a 110,000 -square -foot, 200 -room hotel (10 -story maximum, not to exceed 150 feet in height); and a 45,000 -square -foot (2 and 3 stories) health club; and a final master plan to allow construction of the 4 office buildings identified above; and a minor conditional use permit to allow deviations from Isha'red parking requirements. Development Agreement DA -99-01. The Affidavit of Publication is on file in the City Clerk's office. A communication I as received from Robert F. Joseph, Chief, Advance Planning Branch, Department of Transportation, 1 1 225 District 12, 2501 Pullman Street, Santa Ana, expressing concern about the impact of the project on nearby freeways and intersections. The Development Services Director summarized the Agenda Report dated April 12, 1999. Philip Schwartze, The PRS Group, 31682 EI Camino Real, San Juan Capistrano, introduced the various members of the group who worked on this project over a two-year period, and reported that the plan focused on the key issues of traffic, beauty of the buildings and landscaping, and the market. Edward Cook, BRE/South Coast, L.L.C., 535 Anton Boulevard, Suite 150, Costa Mesa, made a presentation illustrating the varied aspects of the project. He reported that the planned uses for the 50 -acre site will include a combination of high- and low-rise buildings, and an amenity -filled area, including a health club. He stated that'their goal is to attract businesses to Costa Mesa. Mr. Cook stressed the importance of the beauty of the landscaping and the importance of outside dining. He observed that approximately 2,500 persons could occupy the business complex, with an additional 150 persons in service jobs. Mr. Schwartze commented that they had been working with the Orange County Transit Authority (O.C.T.A.) to ensure that traffic and circulation issues were properly addressed. He indicated that the .owners of the property are dedicating 3.64 acres of freeway improvements for the construction of a new Avenue of the Arts off -ramp to the 1-405, a new Anton Boulevard on-ramp to northbound 1-405, and various other changes. Mr. Schwartze stated that the project will have a balance of land uses, office, retail, and entertainment, and revenues will be generated for the City. Jeff Oderman, Partner in the law firm of Rutan & Tucker, LLP, 611 Anton Boulevard, Suite 1400, Costa Mesa, described Development Agreement DA -99-01 as the vehicle by which the City will improve the regional circulation system and alleviate existing traffic impacts. Council Member Erickson stated for the record that he had spoken with Planning Commissioner Chris Fewel who expressed grave concern about the planning and implementation of the project without the freeway improvements being done concurrently. The Development Services Director replied that the freeway projects are part of the 1-405 access improvements, which are General Plan, long-term goals, and the project is not conditioned upon those improvements. The Transportation Services Manager reviewed the planned freeway upgrades. He and the Development Services Director responded to questions from Council. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Negative Member Dixon, the following action was taken: Declaration, Resolutions 99-24 The Negative Declaration of Environmental Impact was and 99-25, and adopted. Gave Ordinance 99-4 First Reading Resolution 99 CITY COUNCI CALIFORNIA, A 98-08 AND AMENDMENT FLOOR AREA COMMERCIAL COAST METRO 4 was adopted: A RESOLUTION OF THE OF THE CITY OF COSTA MESA, )OPTING GENERAL PLAN AMENDMENT GP- JORTH COSTA MESA SPECIFIC PLAN 3P-98-04 TO CREATE A SITE-SPECIFIC 1ATIO OF 0.72 IN THE URBAN CENTER LAND USE DESIGNATION FOR SOUTH CENTER. Resolution 99-25 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MASTER PLAN PA -98-77. Ordinance 99-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF COSTA MESA AND' BRE/SOUTH COAST LLC, was given first reading and passed to second reading. AMENDED Regarding the Development Agreement, the Assistant City MOTION Added Attorney noted for, the record that the developer had provided Partner's Name the name of his partner which had not appeared on earlier drafts to Agreement of ' the agreement. He asked that the -partner's name for the developer in the agreement, McArthur, Cook, and Company, South Coast Metro, L.L.C., 535 Anton Boulevard, Suite 150, Costa Mesa, be added', to the motion. The maker of the motion added the aforementioned to the motion, and the seconder concurred. The motion carried 5-0 PUBLIC HEARING The Deputy City Clerk announced that this was the time and '. Signs in the Public place set for thei public hearing to consider an ordinance Right -of -Way amending regulations contained in Chapter VIII of Title 13 of the Costa Mesa Municipal Code, relating to signs in the public right- of-way. Environmental Determination: Exempt. The Affidavit of Publication is on' file in the City Clerk's office. No communications were received. MOTIOKI/Continued On motion by Council Member Somers, seconded by Mayor Pro to May 3, 1999 Tem Cowan, and carried 5-0, the public hearing was continued to the meeting of May 3, 1999. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Housing and CDBG place set for the public hearing to consider the Housing and Funds Community Development Block Grant Funds (CDBG): Allocation for Fiscal Year 1999-2000 CDBG Application including entitlement funds, program income, and reallocation of prior year's funds, and Fiscal Year 1999-2000 HOME Investment Partnership funding allocations. Resolution authorizing the City Manager to act as the official representative of the City in order to submit the Action Plan and all certifications and assurances contained therein, and directing and authorizing the City Manager to act in connection with 'submission of the Annual Plan and to provide such adiditional information as may be required. 1999-2000 CDBG Public Service Grants recommendations. 11 1 11 221 The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Management Analyst summarized the Agenda Report dated April 6, 1999. Nelson Hernandez, Senior Community Builder, Department of Housing and Urban Development, 1600 Broadway, Suite 100, Santa Ana, described the community builder's program and its importance, and listed HUD's strategic objectives as follows: to fight for fair housing; to increase affordable housing; helping the homeless; job and economic development; and to increase the public trust. Cy Baumann, 625 South Cypress Street, Santa Ana, representing the Orange County Chapter of Christmas in April, reported that they rehabilitate homes for the elderly and the disabled so they may,. live independently in a safe environment. He stated that the:. '' =will be refurbishing four homes in Costa Mesa on Saturday, April 24, 1999. He asked that Council reconsider their moderate request for CDBG funds. The Housing and Redevelopment Manager responded to questions from Council. MOTION/Approved A motion was made by Council Member Somers, seconded by CDBG Application Council Member Erickson, and carried 5-0, to approve the and HOME recommended allocation for Fiscal Year 1999-2000 CDBG Funding; Adopted Application, and the Fiscal Year 1999-2000 HOME Investment Resolution 99-26 Partnership funding allocations; to adopt Resolution 99-26, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING FISCAL YEAR 1999-2000 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP ACT ENTITLEMENT FUNDS APPLICATION SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; and to allocate $973,221.00 for the Downtown Community Center construction. MOTION/Allocated A motion was made by Mayor Monahan, seconded by Council Monies to Down- Member Somers, and carried 5-0, to allocate the $10,000.00 town Community previously intended for Olive Crest to the Downtown Center Community Center. The CDBG/HOME Coordinator reviewed the Agenda Report dated April 6, 1999, regarding CDBG Public Service Grants. He responded to questions from Council. The following persons spoke in opposition to funding the Someone Cares Soup Kitchen, 720 West 19th Street: Dave Salcido, 954 West 17th Street, Costa Mesa, a director of the Wallace, -,,Avenue- Improvement -Group (W.A.I.G.); Phil Morello, Post Office Box 10487, Costa Mesa, a director of W.A.I.G.; and Hildegard Gonzalez, 1932 Pomona Avenue, Costa Mesa. Cordula Dick-Muehlke, representing Adult Day Services of Orange County, 661 West Hamilton Street, Building 800, Costa Mesa, urged Council to approve their request. Pete Reedy, youth counselor with Friends Outside, 2525 North Grand Avenue, Suite N, Santa Ana, reported on their operation, and requested funds from the City. Mary Hornbuckle, 2221 Raleigh Avenue, Costa Mesa, representing the Costa Mesa Senior Center, stated that their grant monies would be directed towards the Center's public health nurse services for low-income seniors. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, observed that the Someone Cares Soup Kitchen has taken a positive stance to improve the appearance of their building, and he supported their . operation. George Neureuther1, manager of the Someone Cares Soup Kitchen, 720 West Stn Street, Costa Mesa, thanked Council for their support in thel past, and reported that 80 percent of their customers are Costa Mesa residents. Nguyen Tong, associate program director of the'Central Orange Coast YMCA, 2050 Club House Road, Costa Mesa, asked Council to consider their request. Debby O'Connor, FISH -Harbor Area, Post Office Box 15464, Newport Beach, thanked Council for their support. There being no other speakers, the Mayor closed the public hearing. Council Member Somers, liaison to the Redevelopment and Residential Rehabilitation (3R) Committee, thanked them and the subcommittee for their recommendations. MOTION/Approved A motion was made by Council Member Somers, seconded by Grants Council Member Erickson, and carried 5-0, to approve the 1999-2000 CDBG Public Service Grants recommendations. The City Manager I reported that the High Hopes Head Injury Program had requested $3,000.00 to pay for their use of the Downtown Community Center pool but had not been recommended for funding. He suggested waiving the fee, as recommended by staff; in lieu of approving the funding. MOTION/Waived A motion was made by Council Member Somers, seconded by Fees Council Member Erickson, and carried 5-0, to waive fees for use of the Downtown Community Center pool by High Hopes. OLD BUSINESS The Deputy City Clerk presented from the meeting of April 5, Prohibition of Flying 1999, second reading and adoption of Ordinance 99-3, to Combustible Engine prohibit the flying of airplanes driven by combustible engines in Airplanes in Parks City parks. Mike Ontko, 3261 Dakota Avenue, Costa Mesa, supported the ordinance. MOTION/Adopted On motion by Council Member Erickson, seconded by Mayor Ordinance 99-3 Pro Tem Cowan,i and carried - 5-0, Ordinance 99-3, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 12-45 OF THE COSTA MESA MUNICIPAL CODE TO PROHIBIT THE FLYING OF AIRPLANES DRIVEN BY COMBUSTIBLE ENGINES IN CITY PARKS, was given second reading and adopted. 1 1 1 OLD BUSINESS The Deputy City Clerk presented from the meeting of April 5, Skateboard Park 1999, Skateboard Park development concepts and cost Development estimates. A communication was received from Cherie Korando, 582 Park Drive, Costa Mesa, requesting that the parking lot at the new Downtown Community Center 'be removed, the skateboard park be as small as possible, and that the picnic area be retained. The Park Superintendent summarized the Agenda Report dated April 13, 1999. David Volz, David Volz Design, Landscape Architects, 17050 Bushard Street, Suite 300, Fountain Valley, responded to questions from Council by stating that he would encourage a separation between the tot lot and the skateboard park; he intends to plan around existing trees to incorporate them in the overall design; the majority of skateboard parks are not fenced; and the facility will' have lighting. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, hoped that recommendations from skateboarders who participated in the town meeting would be included in the final plan. He asked that the park -not have a negative impact on the surrounding community. The Park Superintendent responded that the noise level from these parks is extremely low. (Bill Turpit, 1772 Kenwood Place, Costa Mesa, stated that his residence is close to Lions Park, and supported the concept of a skateboard park. He expressed concern regarding the size of the park and that it may exclude other uses. He opposed changing a green space to an urban, paved area. Mr. Turpit asked that the park either be downscaled or that a master plan be created for the entire park, and felt that residents should have the opportunity to express their thoughts. Mark Korando, 582 Park Drive, Costa Mesa, opposed paving in the. park. He asked that the demographics of the persons who use the park be studied. The Community Services Director responded to Council Member Somers by stating that the staff recommendation was based on transportation such as local bus service, the number of children in the area that use the park for skateboard purposes, and location of the park which will not be near a residential area. Council Member Somers asked that staff obtain more information on other park sites, such as Wimbledon Park. Council Member Erickson replied that Council had selected this site by vote, and had also voted that the park was to be no less than 10,000 square feet in size. He felt that it is a good location and that there is a need for the park. MOTION/Approved A motion was made by Council Member Erickson, seconded by Alternate 1 Mayor Pro Tem Cowan, to approve Alternative 1, consisting of building a 10,000 -square -foot skateboard facility with limited amenities but would include landscaping improvements. The intent of this design is to blend a 10,000 -square -foot facility into the existing improvements without giving design consideration to the entire area (approximately Y2 acre) or for providing eating and viewing areas or a landscape buffering between skaters and the street or other park users. It is estimated that this concept would cost approximately 2;�9 $255,310.00.'°; With the proviso that private funding be provided to build other options in the park. AMENDED Mayor Pro Tem i Cowan supported this location for the MOTION Added skateboard park, and complimented staff's work on the project. Designing Trees She asked that the following be added to the motion: existing into Facility, and trees shall remain and be designed into the facility, staff shall Program for' report to Council should tree removal be required in order to Corporate Sponsors investigate costs of relocating or replacement; and direct staff to develop a program to market corporate sponsorships, to be approved by Council. The maker of the motion agreed to the changes. The motion carried 5-0. OLD BUSINESS 1998-99 Community Objectives MOTION/Approved Objectives NEW BUSINESS Senate Bill 1277 Mayor Pro Tem Cowan asked that the additional sidewalk for $16,000.00, noted on Page 13 of the Agenda Report, Budget Estimate Comparison, be incorporated into construction of the Downtown Community Center as an Americans with Disabilities Act (ADA) improvement. The Community Services Director responded that this item has been included in the Center's budget. He stated that staff will investigate the retention of the pavilion as part of the design options. The Deputy City Clerk presented the 1998-99 Third Quarter Community' Objectives. The Budget & Research Officer reviewed the Agenda Report dated April 12, 1999. Mayor Monahan suggested withdrawing "Objective 99-134: Police substation -expand facility usage and expand building, if necessary", as it is being covered by the Police Department space study. Council Member Somers thanked staff for resolution with the Orange County Transit Authority (OCTA) of the Orange Avenue bus problem: Council Member Dixon stated that she would like to receive reports from the Fairview Park consultant regarding his contacts for funding and the amounts. The City Manager replied that the consultant has been requested to initiate quarterly reports to Council indicating contacts he has made on funding and park projects. Robert Graham, 3!260 Dakota Avenue, Costa Mesa, addressed "Objective 98-134: Complete the SARX Study", stating that a study has not been conducted to determine if there is a benefit to the 19th Street bridge crossing. He reiterated that the bridge should be considered 'under the West Side Specific Plan. A motion was m Council Member objectives. The Deputy City ( toll road. A copy Hayden, 23rd SE Sacramento, was County Division ( Santa Ana Boule,. and stating reasoi to withdraw the it de by Mayor Pro Tem Cowan, seconded by Erickson, and carried 5-0, to approve the lerk presented Senate Bill 1277 regarding the of 'a letter forwarded to The Honorable Tom nate District, State Capital, Room 2080, received from Bev Perry, President, Orange f the League of California Cities, 600 West ard; Suite 214, Santa Ana, opposing the bill is 'for its opposition. Mayor Monahan asked F11I L_J 1 1 11 1 Council Member Erickson commented that he was disappointed that the Transportation Corridor Agency (TCA) would consider a toll road which would split San Onofre State Park. He expressed concern that the League of California Cities, without taking'a public vote of League members, may have sent a letter opposing the senate bill. For the record, he stated his disapproval of the intentions of the TCA and the actions of the League if, in fact, the members did not vote on this item. For the record, Council Member Dixon supported Senate Bill 1277. NEW BUSINESS The Deputy City Clerk presented Assembly Bills 1248 and 1479 Assembly Bills regarding County airport facilities. The Assistant to the City 1248 and 1479 Manager summarized the Agenda Report dated April 8, 1999. MOTION/Supported A motion was made by Council Member Somers, seconded by Opposition to AB Mayor Monahan, and carried 5-0, to support opposition to 1248 Assembly Bill 12481., Mayor Pro Tem Cowan supported the motion because she felt that preventing the County from floating revenue bonds which do not impact the taxpayers is not fiscally sound. MOTION/Supported A motion was made by Council Member Somers, seconded by Opposition to AB Mayor Monahan, and carried 3-2, Council Members Cowan and 1479 Dixon voting no, to support opposition to Assembly Bill 1479. NEW BUSINESS The Deputy City Clerk presented a request to consider citizen Citizen's Represen- representation to the Santa Ana River Crossing (SARX) Study, tatives to SARX Technical Advisory Group (TAG). The Public Services Director TAG summarized the Agenda Report dated April 9, 1999, and provided a history of the TAG. Mayor Monahan wanted to ensure that various opinions are considered and that the end result is the best study possible. Mayor Pro Tem Cowan wished to have it clearly stated that the Council has not changed its position regarding the bridge. She observed that considering alternatives.is important, but declined to take official action until after the study is submitted. The following Costa Mesa residents addressed appointment to the SARX Study TAG: Mark Korando, 582 Park Drive; Mike Ontko, 3261 Dakota Avenue; Roy Pizarek, 1923 Whittier Avenue; Phil Morello, Post Office Box 10487; Agnes Dubberly, 110 The Masters Circle; Neil Horgan, 2827 Nevis Circle; Paul Bunney, 984 Linden Place; and Robert Graham, 3260 Dakota Avenue. MOTION A motion was made by Council Member Somers, seconded by No Action Taken Council-; Member Erickson;, and:,-. carried 3-2, Council Members Monahan and Cowan voting no, not to take action on this item, and to continue with the status quo with Roy Pizarek and Agnes Dubberly as citizen representatives, ensuring that persons who wish to attend these meetings shall be appropriately noticed. The Public Services Director stated that he would make sure that any citizen who has previously attended a meeting shall be notified of all upcoming meetings. +231 CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government. Code Section 54957 to discuss personnel matters. for Closed Session: Mayor Monahan announced that closed session would be held Personnel Matters at the conclusion of regular business. CITY MANAGER'S The City Manager announced the passing of Charles Beecher of REPORT/Beecher the Costa Mesa Historical Society, who was a valued member Passing of the community. COUNCIL Council Member Dixon reminded everyone that Saturday , April COMMENTS 24, 1999, was the, Neighbors -for -Neighbors cleanup, and encouraged participation. Smith Passing ADJOURNMENT TO CLOSED SESSION MEETING RECONVENED Personnel Matters ADJOURNMENT Council Member Erickson noted the passing of Bert Smith, a former Council Member. At 12:10 a.m., the Mayor adjourned the meeting to a closed session in first floor conference room A to discuss the item previously announced by the City Attorney. Mayor Monahan reconvened the meeting at 12:30 a.m., and the action taken during closed session was announced. Council provided Idirection to the City Manager regarding personnel matters. The Mayor declared the meeting adjourned at 12:35 a.m. ATTEST: Deputy City Clerk O'E-"(� Mayor of t City of Costa Mesa the City of Costa Mesa 1