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HomeMy WebLinkAbout05/03/1999 - City Council1 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MAY 3, 1999 The City Council of the City of Costa Mesa, California, met in regular session May 3, 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 the Reverend Tim McCalmont, Presbyterian Church of the Covenant of Costa Mesa. ROLL CALL Council Members Present: Council Members Absent: Officials Present: Mayor Gary Monahan Mayor Pro Tem Libby Cowan Council Member Joe Erickson Council Member Heather Somers Council Member Linda Dixon None City Manager Allan Roeder City Attorney Jerry Scheer Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Assistant City Attorney Tom Wood Police Lieutenant Dave Birney Park Superintendent Dave Alkema Assistant to the City Manager Ann Shultz Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council April 19, 1999 Member Dixon, and carried 5-0, the minutes of the regular meeting of April 19, 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 Mayor Monahan presented the "Mayor's Award" to Pastor Bill Mayor's Award Gartner in recognition of his work with the homeless at the Surrender House. ORAL COMMUNI- John English, 2366 Fordham Drive, Costa Mesa, addressed the CATIONS issue of excessive traffic speeds on Fordham Drive in the Fordham Drive College Park housing tract, noting that the street is used as a Speed Control shortcut to Fair Drive and the 55 Freeway. He reported that there are no speed limit signs in the area, and asked that speed control be initiated. Mr. English voiced concern regarding the bus loading area at College Park Elementary School. °233 234 Paul Bunney, 984 Linden Place, Costa Mesa, acknowledged that there is a serious east/west traffic situation within the City, and empathized with Mr. English regarding residential traffic issues as stated above. Fordham Drive Kim English, 2366 Fordham Drive, Costa Mesa, submitted to Speed Control the Public Services Director a letter and an original newspaper article relating to the Fordham Drive speed control problem. MacDonald Lawsuit Bruce MacDonald,' no address given, discussed a lawsuit he currently is pursuing against the City. Huntington Beach George 'Cross, 19842 Isthmus Lane, Huntington Beach, Community Clinic representing a support group from the Huntington Beach Fund Raiser Community Clinic, a nonprofit health care center, invited Mayor Monahan to the Mayor's Challenge Race at the annual "Duck-A- Thon" fund raiser, on May 15, 1999, 10:30 a.m., at the Huntington Beach ;Pier. He indicated that 95 percent of the profits from the event are directed towards the operation of the clinic. Council Member Dixon commended the clinic on their work. i Bear Street Tree John Feeney, 1154 Dorset Lane, Costa Mesa, asked if C. J. Removal Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, were to be permitted to'; remove mature trees from the parkway on Bear Street. Mayor' Monahan responded that the Parks, Recreation Facilities and Parkways Commission had considered this request at their, April 28, 1999, meeting. The Park Superintendent clarified that the Commission was recommending that Council approve the request to remove approximately 51 existing trees in the public right-of-way and on private property, and to install Cuban Royal Palms. Mayor Monahan volunteered to forward an Agenda Report on this issue to Mr. Feeney. -The City Manager reported that the City Attorney's office has been asked to review the ordinance which established the Commission, noting his understanding that they have final authority on the matter of trees. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 5, Contract for 18th Street Parking Lot Improvements, Project No. 99-03; 'Item No. 13, Agreement with Borthwick Guy Thibault for renovation design of the Bark Park and design of a dog park at Fairview Park; and Item No. 14, Amendment No. 1 to the agreement, with Planning Consultants Research for additional work to be performed on the Historic Resources Study, Community ;Objective 99-133, and Budget Adjustment No. 99-96. MOTION/Approved On motion by Council' Member Erickson, seconded by Council Except litems 5, 13, Member Dixon, and carried 5-0, the remaining Consent Calendar and 14 items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Cleric Vin Marrone; Teri Lin Smith; and Helga Wagner. Alcoholic Beverage Alcoholic Beverage Control License request from Napoli License Pizza, 2263 Fairview Road, Suite L, for an original type 41 (on -sale beer and wine for a bona fide eating place). WARRANTS The following warrants were approved: '235 Approved Warrant Warrant Resolution 1742, funding City operating expenses 1742/Payroll 908 for $541,285.14; and Payroll 908 for $1,478,601.42. Approved Warrant Warrant Resolution 1743, funding City operating expenses 1743 for $812,688.30. ADMINISTRATIVE The Final Map was approved for Tract No. 15532, located at ACTIONS/ 2239 Pacific Avenue; consisting of one lot for construction of Approved Final eight residential condominiums, including parking and common Map for Tract open space; developer, Joe Cefalia, 818 West Balboa 15532, Joe Cefalia Boulevard, Newport Beach; and the Deputy City Clerk was authorized to sign on behalf of the City, Accepted Work by Street improvements on Harbor Boulevard and Dale Way, in Valverde for Harbor connection with Encroachment Permit No. 13888, were Boulevard and Dale completed to the satisfaction of the Public Services Director by Way Improve- Valverde Construction, Inc., 12402 Philadelphia Street, ments, EP -13888 Whittier. The work was accepted, and the bond was ordered exonerated. Accepted Work by Street Improvements at 2450 Orange Avenue, in connection AMTEK for 2450 with Encroachment Permit No. PS99-00011 (S-95-114), were Orange Avenue completed to the satisfaction of the Public Services Director by Improvements, AMTEK Construction, 1813 Las Palomas Drive, La Habra EP-PS99-00011 Heights. The work was accepted, and the bonds were ordered exonerated. Accepted Work by Street improvements at 130 Monte Vista Avenue, in connection Monte Vista with Encroachment Permit No. PS98-15002 (Tract No. 15655), Properties for 130 were completed to the satisfaction of the Public Services Monte Vista Director by Monte Vista Properties, 3535 East Coast Highway, Avenue, No. 155, Corona del Mar. The work was accepted, and the EP-PS98-15002 bonds were ordered exonerated. Approved Agree- An agreement was approved with PRC Public Sector, Inc., 946 ment with PRC Town and Country Road, Orange, for $596,403.00, to upgrade for Y2K Computer the Public Safety Computer System and provide the necessary Modifications; hardware and software modifications for Y2K compliance, the Approved Budget Mayor was authorized to sign on behalf of the City, and Budget Adjustment 99-90 Adjustment No. 99-90 was approved for $596,500.00, to provide adequate appropriations. Approved Budget Budget Adjustment No. 99-94 Was approved for $69,000.00, to Adjustment 99-94, fund the Newport Boulevard' Frontage Road Traffic Signal Signal Improvement Improvement Project. Adopted Resolution Resolution 99-27 was adopted: A RESOLUTION OF THE CITY 99-27, Designating COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Additional Truck DECLARING AND DESIGNATING AN ADDITIONAL TRUCK Route ROUTE IN THE CITY OF COSTA MESA (Wilson Street between Harbor Boulevard and College Avenue). ,'.R Approved Agree- An agreement was approved with Conrad and Associates, 1100 ment with Conrad Main Street, Suite C, Irvine, for annual independent audit and Associates services for a three-year period, 1999 through 2001, for for Audit Services $51,081.00 each year, not to exceed $153,243.00 for the three-year period. 18th Street Parking Item 5 on the Consent Calendar was presented: Award of Lot Improvements, contract for 181'' Street Parking Lot Improvements, Project No. Project No. 99-03 99-03, to GMC Engineering, Inc., 586 East Lambert Road, Brea, for $227,852.13. The Public Services Director asked that this item be continued in order to allow staff to meet with the MOTION/Continued property owners to discuss a maintenance agreement. On to June 7, 1999 motion by Council' Member Erickson, seconded by Council Member Dixon, and carried 5-0, this item was continued to the meeting of June. 7, 1999. Agreement with Item 13 on the Consent Calendar was presented: Agreement Borthwick Guy with Borthwick Guy! Thibault for a renovation design of the Bark Thibault for Dog Park in TeWinkle Park, and design of a dog park at Fairview Park Design Park. Council Member Somers alerted the community that meetings will. be held with the Bark Park Committee, Council Members, and staff to discuss design aspects of the project. MOTIONI'Approved On motion by Council Member Somers, seconded by Mayor Pro Agreement Tem Cowan, and carried 5-0, the agreement was approved with Borthwick Guy Thibault, 2212 Dupont, No. A, Irvine, for $11,885.00, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Amendment No. 1 Item 14 on the Consent Calendar was presented: Amendment to Planning Con- No. 1 to the agreement with Planning Consultants Research for sultants Research additional work to be performed on the Historic Resources Agreement for Study, Community Objective 99-133; and Budget Adjustment No. Historic Study 99-96 for $5,900.00. Mayor Monahan stated that he would not support this item. On motion by Mayor Pro Tem Cowan, MOTION/Approved seconded by Council Member Dixon, and carried 4-1, Mayor Agreement and Monahan voting no, the agreement with Planning Consultants Budget Adjustment Research, 233 Wilshire Boulevard, Suite 130, Santa Monica, for No. 99-96 $5,870.00, was approved, the Mayor and Deputy City Clerk were authorized to sign on behalf of the City, and Budget Adjustment No. 99-96 was approved. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Appeal of Decision from the meeting, of February 1, 1999, to consider an Regarding application from James Keller, 2033 Republic Avenue, Costa Managing Tree Mesa, appealing the Parks, Recreation Facilities and Parkways Growth Commission's denial of his request to preserve ocean views of west side Costa Mesa residents by managing tree growth. MOTION/Continued On motion by Council Member Somers, seconded by Council to May 17, 1999 Member Dixon, and carried 5-0, the public hearing was continued to' the meeting of May 17, 1999. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Vacation of Public from the meeting of March 1, 1999, to consider a resolution Alley No. 127 ordering . the vacation of Public Alley No. 127. A communication was received from Heather Bilinski, 842 Joann Street, Costa Mesa, stating that she will accept whatever the City decides regarding the right-of-way. The Public Services Director reviewed the Agenda Report dated April 26, 1999. 1 1 1 The following Costa Mesa residents supported the construction of a block wall along the southerly boundary of Estancia High School, just north of the alley abandonment: Richard Clark, 830 Joann Street; Gretchen Passantino, 858 Joann Street; Bob Passantino, 858 Joann Street; and Paul Bunney, 984 Linden Place. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Erickson, seconded by Resolution 99-28; Mayor Monahan, and carried 5-0, to adopt Resolution 99-28, A 'Approved Chain RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Link Fencing MESA, CALIFORNIA, ORDERING THE VACATION OF PUBLIC ALLEY NO. 127, to authorize the Mayor and Deputy City Clerk to execute Quitclaim Deed No. 3542, and to approve construction of a chain link fence with wood slats along the Estancia High School; parking lot, utilizing existing Fiscal Year 1998-99 appropriations for alley improvements. Mayor Monahan agreed that the property should be returned to the property owners but hesitated regarding the construction of a block wall. He stated that he had hoped that the neighborhood, the Newport -Mesa Unified School District, and the City, could reach a financing agreement in support of the block wall but this did not come to fruition. Council Member Erickson noted that the inclusion of wood slats on the fence would be at the discretion of the property owner. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Signs in the Public from the meeting of April 19, 1999, 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. A communication was received from Bing Girling, Chairman of Government/Political Affairs, Orange Coast Association of Realtors, 401 North Newport Boulevard, Newport Beach, stating that,,.: Alternative 2 would be a _disservice to Costa Mesa residents because real estate agents require directional signs to efficiently direct the public to property which is for sale. There being no speakers, the Mayor closed the public hearing. MOTION/Referred A motion was made by Council Member Erickson, seconded by 237 to Planning Mayor Pro Tem Cowan, and carried 5-0, to refer this item to the Commission Planning Commission for additional review and recommendation. OLD BUSINESS Development The Deputy City Clerk presented from the meeting of April 19, Agreement with 1999, second reading and adoption of Ordinance 99-4, BRE/South Coast approving the development agreement between the City and LLC BRE/South-Coast LLC. MOTION/Adopted On motion by Council Member Erickson, seconded by, Council Ordinance 99-4 Member Dixon, and carried 5-0, Ordinance 99-4 was given second reading and adopted: 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. 237 i OLD BUSINESS The Deputy City Clerk presented from the meeting of March 15, Prohibition of Self- 1999, an ordinance adding Chapter 1 %2 to Title 11 of the Costa Service 'Tobacco Mesa Municipal Code 'prohibiting self-service tobacco products. Products The Assistant City Attorney summarized the Agenda Report dated April 27, 19;99,, clarifying that the ordinance will prohibit the sale of tobacco products via vending machines in bars, and responded to questions from Council. Karen Ursini, 1803 Hummingbird Drive, Costa Mesa, Costa Mesa Child Care and Youth Services Committee, supported the ordinance, stating that it would assist in making the environment safe for children. Doug Scribner, 321 ; Avocado Street, No. P, Costa Mesa, opposed the ordinance. He suggested revising Section A to delete the reference to "...the smoking of tobacco, or any other weed or plant,...°', noting that medical marijuana may be a positive influence if prescribed by a doctor. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, asked questions regarding the Agenda Report, and addressed sections of the ordinance. She mentioned that she had met with the Camp Fire Boys and Girls Club of Tustin and determined that they were quite involved with the ordinance. Mayor Pro Tem Cowan responded that the young men and women who have worked on the ordinance with'the City, although members of the Tustin group, are residents of Costa Mesa. Mayor Monahan granted Motion to Overrule Mrs. Feeney two additional minutes to speak. A motion was Additional Minutes made by Mayor Pro Tem Cowan, seconded by Council Failed to Carry Member Somers, to over -rule the two additional minutes. The motion failed to ! carry 3-2,. Council Members Monahan, Erickson, and Dixon, voting no. Mrs. Feeney continued her questions, specifically in light of the effects on the small business owner. She chastised the Costa Mesa Chamber of Commerce for their support of the ordinance, and stated that merchants who sell tobacco to minors should be cited, fined, and their business license revoked. John Feeney, 1154' Dorset Lane, Costa Mesa, stated that the same tactics have; been used with spray paint. to no avail. He observed that the small business person is being punished because, of the few who are guilty of illegally selling tobacco to minors. MOTION On motion by Mayor Pro Tem Cowan, seconded by Council Ordinance 99-5 Member Dixon, and carried 3-2, Council Members Monahan and Given First Reading Erickson' voting no!Ordinance 99-5 was given first reading and passed to second, reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER 1Y2 TO TITLE 11 OF THE COSTA MESA MUNICIPAL CODE :PROHIBITING SELF-SERVICE TOBACCO PRODUCTS, modifying Section 11-17. Definitions (a) "Business" by adding a period, after the word "sold" and deleting, "as well as professional corporations and other entities where legal, medical, .dental en'oineering, architectural, or other professional services are delivered."; and deleting Sections 11-19 and 11- 20. C 1 1 ANNOUNCEMENT Mayor Monahan announced that a fatal accident had occurred at the preschool at the corner of Magnolia Street and Santa Ana Avenue. NEW BUSINESS The Deputy City Clerk presented a request from Costa Mesa - 5Wh Annual Lions Newport Harbor Lions Club Inc., Post Office Box 10628, Costa Club Fish Fry and Mesa, for waivers of costs of police services and the provision Carnival of picnic tables, chairs, and benches from City parks, associated with the 5Wh Annual Lions Club Fish Fry and Carnival to be held at Orange Coast College from June 4-6, 1999. The Assistant to the City Manager summarized the Agenda Report dated April 26, 1999. Council Member Erickson stated for the record that he had previously spoken with Ed Hodges, 518 Sturgeon Drive, Costa Mesa, President of,the Costa Mesa -Newport Harbor Lions Club, Inc., Post Office `Box 10628, Costa Mesa, and asked Mr. Hodges's opinion regarding Costa Mesa police officers being required for traffic control during the Fish Fry. Mr. Hodges replied that they have adequate parking for the event since the Orange Coast College swap meet will close at 3:00 p.m. on that weekend, but contact has not been made with the Marketplace at the Fairgrounds. Overall, he did not believe that police coverage for traffic control would be required. MOTION/To Grant A motion was made by Mayor Pro Tem Cowan, seconded by Waiver Withdrawn Council Member Somers, to waive the cost of police services, and the provision of picnic tables, chairs, and benches from City parks, up to $6,000.00. Mayor Pro Tem Cowan reported that the estimate for the picnic tables is approximately $1,000.00, and $5,000.00 could be, allocated for police services. Council Member Erickson supported the motion but asked for assurance that police officers would be available if required. Mayor Monahan asked for.an addition to the motion: evaluation of this year's event by the City's Transportation Department in order to better prepare for next year. Mayor Pro Tem Cowan suggested that if, at the end of the event, the amount of monies waived is insufficient, the Lions Club could return to Council with an additional request. Council Member Somers requested that the road work on Fairview Drive from Monitor Way north be completed by the time of the Fish Fry. SUBSTITUTE A substitute motion was made by Mayor Monahan to grant the MOTION/To Waive request and waive the entire amount of the fees, approximately Fees Died $10,000.00, and to provide the picnic tables and chairs. The motion died for lack of a second. After discussion Mayor Pro Tem Cowan`°with'drew=her motiori The Police Lieutenant addressed the overtime rate for police officers versus the time and a half rate, noting that reserve officers are paid at a straight hourly rate or the special event rate. He responded to questions from Council. MOTION/Approved A motion was made by Mayor Pro Tem Cowan, seconded by Waivers Council Member Somers, and carried 5-0, to approve a waiver of $1,000.00 for the provision of picnic tables, chairs, and benches from City parks, and to approve a waiver of up to $8,000.00 in public safety assistance, with reserve police 239 officers earning the special event rate, and staff earning the time and a half rate. NEW BUSINESS The Deputy City ;Clerk presented updates on the Santa Ana Update on the River Crossings (SARX) Study, Community Objective 98-B4; SARX Study and and West Side Specific Plan Status Report No. 5, Community West Side Specific Objective 98-D1. :The Development Services Director reviewed Plan the Agenda Report dated April 22, 1999, and the Public Services Director addressed the Agenda Report dated April 28, 1999. The following Costa Mesa residents spoke on the above subjects: Paul Bunney, 984 Linden Place; Mike Ontko, 3261 Dakota Avenue; and Robert Graham, 3260 Dakota Avenue. Council , Member Somers addressed the existing traffic at the corner of Newport Boulevard and 19" Street, noting that it is the busiest intersection in the City. She pointed out that the City of Newport Beach intends to divert traffic from its business district on Pacific. Coast Highway, while some Costa Mesa citizens support creating a bridge to bring traffic to the business district along 19th Street. She asserted that the proposed bridge would create a complete gridlock. Mayor Pro Tem 'Cowan reiterated that staff should advise members of the Technical Advisory Group (TAG), as well as interested citizens; of, upcoming meetings. She asked that this be accomplished with' more than a one -day notice. NEW BUSINESS The Deputy City Clerk presented a request to appoint members Committee to the Planning Commission and the Parks, Recreation Facilities Appointments- and Parkways Commission. Mr. Meldron, 3118 Yukon Avenue, Costa Mesa, supported the reappointment of Chris Sarris to the Parks, Recreation Facilities and Parkways Commission. MOTION/Appointed A motion was made by Mayor Monahan, seconded by Council Sarris, 2'--ich, and Member Erickson, and carried 3-2, Council Members Cowan Harris and Dixon voting no, ' to reappoint Chris Sarris, Jonathan Zich, and Mark Harris, as members of the Parks, Recreation Facilities and Parkways Commission for four-year terms expiring March 31, 2003. MOTION/To A motion was made by Mayor Monahan to appoint Ed Hodges Appoint Hodges as a member of the Planning Commission. The motion died for Died lack of a second. MOTION/Appointed A motion was made by Mayor Pro Tem Cowan, seconded by Wilson Council Member Somers, to appoint Katie Wilson as a member of the Planning ;Commission to fill the unexpired term of Christopher Colvin which expires February 28, 2001. SUBSTITUTE A substitute motion was made by Council Member Erickson, to MOTION/To appoint Thomas 'Steinfeld as a member of the Planning Appoint Steinfeld Commission. The substitute motion died for lack of a Died second.' The original motion carried 3-2, Council Members Monahan and Erickson voting no;. 1 1 fl 2-41 COUNCIL Council Member Erickson announced that Save Our Youth COMMENTS (SOY) recently celebrated its 6th anniversary, and he provided SOY Update the following update: during the month of April, 1999, there were 2,058 visits to the SOY center by 460 individuals, the SOY girls program is open to members between the ages of 11 and 18, and SOY provides scholarship funding, tutoring, and Neighbors -for- recreational activities. He reported that during the recent Neighbors Neighbors -for -Neighbor cleanup, he joined Mayor Pro Tem Cowan, Council Member .Dixon, and members of the Advisory Committee of Teens (ACT) to work on a house on West 19th Street. He asked the City Manager to prepare a brief report on the recent Neighbors -for -Neighbors cleanup. Bear Street Tree In regard to the three Parks, Recreation Facilities and Parkways Removal Commission members whose terms expired on March 31, 1999, Council Member Somers asked if their votes on the removal of the Bear Street trees were valid. The City Attorney replied that he would research that matter. Neighbors -for- Mayor Pro Tem Cowan encouraged the Neighbors -for -Neighbors Neighbors effort to assist single-family homeowners. EI Camino Mayor Monahan reported that he and Council Member Erickson Shopping Center attended a Mesa del Mar neighborhood meeting the previous Project week to discuss the EI Camino shopping center. He stated that he would like to discuss the airport issue at either a special John Wayne study session or community forum, specifically the ramifications Airport the proposed changes will have on John Wayne Airport and on Costa Mesa. He asked that the meeting be televised on Channel 74. ADJOURNMENT The Mayor declared the meeting adjourned at 8:45 p.m. Mayor of a City of Costa Mesa ATTEST: i Deputy Ci Clerk of the City of Costa Mesa