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HomeMy WebLinkAbout06/07/1999 - City Council1 255 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 7, 1999 The City Council of the City of Costa Mesa, California, met in regular 'session June 7, 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 Cowan, and invocation by Mayor Monahan. ROLL CALL Council Members Present: Council Members Absent: Officials Present: Mayor Gary Monahan Mayor Pro Tem Libby Cowan Council Member Joe Erickson Council Member Linda Dixon Council Member Heather Somers City Manager Allan Roeder City Attorney Jerry Scheer Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Community Services Director Keith Van Holt Fire Marshall Tom Macduff Building Official Rick Brown Associate Planner Kim Brandt Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council May 17, 1999 Member Dixon, and carried 4-0, Council Member Somers absent, the minutes of the ` regular z meeting of May 17, 1999, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded by RESOLUTIONS Council Member Dixon, and carried 4-0, to read ali ordinances and resolutions by title only. NEIGHBORHOOD Mayor Monahan commended Maurine Miller, Rochester Street, WATCH MEETING for hosting a Neighborhood Watch Meeting on May 14, 1999. PRESENTATION Mayor Monahan presented the "Mayor's Award" to Jim Mayor's Award DiCamilli, in recognition for his entrepreneurial activities, volunteer work, and consistent support of local colleges and high schools. PRESENTATION "Free Fishing Day" Mayor Monahan read a proclamation proclaiming June 12, Proclamation 1999, "Free Fishing Day". ORAL COMMUNI- Bill Turpit, 1772 Kenwood Place, Costa Mesa, representing the CATIONS Lions Park Association which consists of approximately 30 Lions Park Skate- residents, expressed concern that the City is pursuing a board Facility "piecemeal" approach to the development of facilities within Lions Park. He suggested reevaluation of the proposed skateboard park design, and emphasized that the concerns of the neighbors should be taken into account. Mr. Turpit addressed the 10,00,0 -square -foot skateboard facility, stating that it would be a treeless expanse of concrete located at the entrance to the park. Lions Park Skate- Dan Hamilton, 1845 Anaheim Avenue, No. 19B, Costa Mesa, board Facility President of the Vendome Condominium Association, representing 74 residents, supported reconsideration of the plan for redevelopment of Lions Park. He proposed investigating traffic and safety 'concerns, preparing an Environmental Impact Report on drainage, and addressing the loss of green space. He submitted a petition with 73 signatures. Ross Pfautz, 1845 Anaheim Avenue, No. 10B, Costa Mesa, stated that the skateboard facility will draw persons from other areas into their; neighborhood. He recommended that the facility be located closer to commercial uses, and that the green space be utilized as a buffer for adjacent homes. Later in Oral Communications, Mr. Pfautz pointed out that 10 years ago high density ;development of the entire block from Park to Anaheim Avenues negatively affected the drainage in the area. Lorie Timlick, 1782 Kenwood Place, Costa Mesa, supported the skateboard facility„ and asked that the grass be retained to aid in the fight against flooding, for its visual appeal, and for family activities. She asked that a notice be posted at the park to inform users of proposed changes. Mayor Pro Tem Cowan replied that both the new Downtown Community Center and the skateboard park have been on the agenda ,for three years. She acknowledged that there are some items that may need review, and suggested that the skateboard facility be again placed on an agenda. Council Member Dixon asked that this item be considered at the meeting of July 6, 1999, and proposed exploring. other locations and/or considering design elements of the park in order to mitigate any impact prior to proceeding with the project. The City Manager informed Mayor Monahan that a history of the skateboard park is in the process i of , being prepared,, and mentioned that the parking ,lot for the new Downtown Community Center will also be reviewed- at the meeting of July 6, 1999. Wallace Avenue Phil Morello, Post` Office Box 10487, Costa Mesa, provided an Street Vendors update on the street vendors on Wallace Avenue, stating that the situation has !recently exacerbated. He reported that the vendors; disappear when the police arrive, and asked for assistance in correcting this problem. He addressed the issues of violence created by overcrowded living situations, and the increase of graffiti; in the Wallace Avenue neighborhood. i Alcohol and Drug Marsha -Gahring, Post Office Box 8344, Fountain Valley, owner Rehabilitation of property at 2036, Fullerton Avenue, Costa Mesa, reported Facilities that a proposed increase from 6 to 14 residents at the "Yellowstone" alcoholic rehabilitation facility, 154 East Bay Street, is scheduled to be heard by the Planning Commission on June 28, 1999j. She maintained that the City should impose restrictions on these types of facilities to preclude their endangeringthe quality of life for adjacent neighbors. 1 1 1 :J w 24 Sterling Avenue Jo Ann Reinholt, 1823 Tanager Drive, Costa Mesa, objected to Problems the lack of leadership in relation to problems in west side Costa Mesa, specifically living conditions on Sterling Avenue where many garages have been converted into living areas. She proposed changing illegally used garages into carports and making unscheduled code enforcement inspections. Child Care and Charlene Metoyer, 759 Allegheny Avenue, Costa Mesa, Child Youth Services Care and Youth Services Committee, provided an update on the Committee Report committee's activities, and thanked Council for their support. 19' Street Bridge Robert Graham, 3260 Dakota Avenue, Costa Mesa, stated that the extension of West 19th Street to Huntington Beach would increase Costa Mesa property values. CONSENT The following items„ were removed from the Consent Calendar: CALENDAR Item No. 10, Contract for Design and Installation of an Emergency Generator System for the Communications Facility, 79 Fair Drive, Project No. 99-05; and Item No. 24, Costa Mesa Community Foundation. MOTION/Approved On motion by Council Member Erickson, seconded by Mayor Except Items 10 Pro Tem Cowan, and carried 4-0, the remaining Consent and 24 Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Ching Hai Realty; Jack Muradliyan; and Hugh Vanasek. Alcoholic Beverage Alcoholic Beverage Control (ABC) Licenses: Licenses Mr. Juan Restaurant, 2263 Fairview Road, Suite G, for a person-to-person transfer of a Type 41 ABC license (on - sale beer and wine for a bona fide eating place). Hideto Arimizu (formerly Naomi's), 320 Bristol Street, Suite G, for a person-to-person transfer of a Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Donatelli's, 2230 Fairview Road, Suite D, for a person-to- person transfer of a Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Ruby's Diner, 428 East 17th Street, for a person-to-person transfer of a Type 41 ABC license (on -sale beer and wine for .a' bona fide eating place). Crown Empire Liquor, 1125 Victoria Street, Suite S, for a person-to-person and premise -to -premise transfer of a Type 21 ABC license (off -sale general). Public Utilities Southern California Gas Company filed Application No. 99 - Commission 05-019 with the Public Utilities Commission on May 12, 1999; asking for approval to sell certain real property located in Playa del Rey, California, and to reduce rates by approximately $4.6 million as a result of an anticipated gain on the sale of the properties. 258 WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1746, funding City operating expenses 1746/Payroll 910 for $1,259,719.30'; and Payroll 910 for $1,495,384.27. Approved Warrant Warrant Resolution 1747, funding City operating expenses 1747 for $481,305.68. Approved Warrant 1748/Payroll 911 Approved Agree- ment SA -115-99F with State for Fair Traffic Manage- ment Approved Agree- ment with Atlas for Site Cleanup at Corporation Yard; Authorized Exten- sion Awarded Bid Item No. 1034, Fi!rn, Paper, and Chemi- cals to Photo Max Awarded Bid Item No. 1035, Com- puter Ecluipmont, to The Flri ,ntcr Connection Awarded Parkway Concrete Repair, Project No. 99-04, to S. Parker Approved Agree- ment with Lucent Technologies to Upgrade: Telephone System ApprovE!d Agree- ment with Hewlett Packard for Compu- ter Support Warrant Resolution 1748, funding City operating expenses for $652,483.45; and Payroll 911 for $1,470,162.67. Agreement No. SA -115-99F was approved with the 32"d District Agricultural Association, for the City to provide police officers for traffic management at the 1999 Orange County Fair, July 9- 25, 1999, in an amount not to exceed $120,000.00; and the Police Chief was authorized to sign on .behalf of the City. An agreement was; approved with Atlas Environmental Engineering, Inc., i 5122 Bolsa Avenue, Suite 107, Huntington Beach, for $56,868.60, for. additional site assessment and continued site cleanup of the underground fuel leak at the City's Corporation Yard, 2300 Placentia Avenue, from July 1, 1999, through `June 30, 12000, and the Mayor and Deputy City Clerk were' authorized to sign on behalf of the City. Authorization was given to extend the above agreement with Atlas Environmental Engineering, Inc., as needed, for a negotiated price not to exceed $56,868.60 per year for a maximum of two years, Ifor additional clean-up as required by the County ofi Orange Health Care Agency, contingent upon funding authorized by City Council. Bids , received for Bid Item No. 103.4, Photographic Film, Paper, and Chemicals, a're on file in the' City Clerk's office. The contract was awarded to Photo Max Film Supplies Company, 3455 Ocean View Boulevard, Glendale, in an amount not to exceed $43,000.00 per year for three years. i Bids received for Bid Item No. 1035, Computer Equipment, are on file in the City ;Clerk's office. The contract was awarded to The Printer Connection, 1831 West Lincoln Avenue, Anaheim, for $163,866.43. Bids received for, Parkway Concrete Repair and New Sidewalk, Project No. 99-041,` are on file in the City Clerk's office. The contract. was awarded to S. Parker Engineering, Inc., 10059 Whippoorwill Avenue, Fountain Valley, for $401,351.50. A Lease Agreement was approved with Lucent Technologies, Inc., 18201 Von , Karman Avenue, Suite 630, Irvine, for $6,300.00 per month for 84 months, to replace and upgrade the City's telephone• system; and the Acting Communications Director ,was authorized to sign on behalf of the City. A three -'year Support, Agreement was approved with Hewlett Packard; 1421 South. Manhattan Avenue, Fullerton, fol an amount not to exceed $134,431.00 for the first year, for computer hardware and software support; and the Mayor was authorized to sign. on behalf of the City. r� fl 1 Approved Agree- Renewal of a Lease Agreement was approved with Childs -Pace, ment with Childs- - Inc., for use of the Downtown Community Center for $432.00 Pace for Downtown per month, expiring June 30, 2000; and the Mayor was Community Center authorized to sign on behalf of the City. Approved Agree- A Railroad Crossing Agreement with the City of Santa Ana was ment with Santa approved for construction of safety improvements at the Ana for Sunflower railroad crossing on Sunflower Avenue; and Budget Adjustment Railroad Crossing No. 99-107 for $7,540.00, was approved. Accepted Work by Bristol Street/73 Overcrossing Street Lighting, Project No. 98 - Baxter -Griffin for 16, Federal Project No. STPLH-5312(023), was completed to Bristol Street/73 the satisfaction of the Public Services Director on February 24, Overcrossing Street 1999, by Baxter -Griffin Company, Inc., 8210 Monroe Avenue, Lighting, Project Stanton. The work was accepted; the Deputy City Clerk was No. 98-16 authorized to file;a.. Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 6 months thereafter. Accepted Work by Shalimar Park was completed to the satisfaction of the Metro Builders for Community Services Director on March 22, 1999, by Metro Shalimar Park Builders and Engineering, Ltd., 2610 Avon 'Street, Unit A, Newport Beach. The work was accepted; retention funds were reduced to $6,912.43; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release remaining 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. Accepted Work for California Street "ADA" Improvements from Gisler Avenue to California Street Minnesota Avenue, Project No. 99-01, were completed to the "ADA" Improve- satisfaction of the Public Services Director on April 9, 1999, by ments, Project No Ranco Corporation, Post Office Box 9007, Brea. The work was 99-01, by Ranco 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. Accepted Work by Street improvements at 1785-1791 Monrovia Avenue were Lewis for 1785- completed to the satisfaction of the Public Services Director by 1791 Monrovia James R. Lewis, 935 West 18t' Street, Costa Mesa, in Avenue Improve-, connection with Encroachment Permit No. 14955 (PA -97-45). ments, EP -14955 The work was accepted; and refund of the $20,000.00 cash (PA -97-45) deposit,was approved. Accepted Work by Street improvements at 2891 Bear Street were completed to the Autumn Years for satisfaction of the Public Services Director by Autumn Years, a 2891 Bear Street, California Corporation, 9622 Katella Avenue, Anaheim, in EP -98-15008 and connection with Encroachment Permit No. PS -98-15008 (PA - EP -98-15052 (PA- 97-46), and Encroachment Permit No. PS -98-15052 (PA -97-46). 97-46) The work was accepted, and the bonds were exonerated. Authorized Execu- The Mayor and Deputy City Clerk were authorized to execute tion of Quitclaim Quitclaim Deed 3557 for vacation of public alleys No. 17 and Deed 3557 No. 4. Accepted Work by Street improvements' at 1665 MacArthur Boulevard were Fullmer for 1665 completed to the satisfaction of the Public Services Director by MacArthur Boule- Fullmer Construction,' 1725 South Grove Avenue, Ontario,- in vard Improvements connection with Encroachment Permit No. PS99-00078. The PS99-00078 work was accepted, and the bond was ordered munity Foundation exonerated. Costa Mesa Farm The following action was taken in connection with the Costa Sports Complex Mesa Farm Sports Complex: Approved Release Approval was; given to release $85,000.00 of the of Retention Funds $171',709.42 in retention, funds held for the soccer field to Terra -Cal project to Terra -Cal Construction, Inc., 14530 Joanbridge Bylaws Street, Baldwin' Park. Approved Change Change Order; No. 23 to the contract with Terra -Cal Order No. 23 Construction, Inc., for $3,411.20, to upgrade the flagpole lighting, was approved. i Approved Change Change Order; No. 24 to the contract with Terra -Cal Order No. 24 Construction, Inc., for $3,123.13, to install a 75 -foot "V" Swale in the west parking lot, was approved. Measure "M" The following action was taken in connection with Measure "M" Eligibility Eligibility: Approved Mainte- Maintenance of Effort for Fiscal Year 1999-2000 was nence of Effort approved. Approved Capital Seven-year Measure "M"/Capital Improvement Program was Improvement Plan approved. Emergency Genera- Item No. 10 on the Consent Calendar was presented: Award for for Communk contract for Desigh and Installation of an Emergency Generator cations_ , Project No. System 'for the Communications Facility, 79 Fair Drive, Project 99-05 No. 99-05. At the request of the Mayor, the Public Services Director reviewed the ,project, stating that the new system has a fuel 'supply which Will allow for full operation, including air conditioning', equipment usage, and lighting, for five days. On MOTION/Awarded motion by Mayot Monahan, seconded by Council Member Contract to Erickson', and carried 4-0, the contract was awarded to Balvin Laubach A. Laubach, doing business as Laubach Electric Company, 14701 Brookline Way; Tustin, for $44,362.00. Costa Mesa Com- Item -,No. 24 on the Consent_ Calendar was presented: Costa munity Foundation Mesa Community Foundation: Terms of Board Members; and Changes to the: Bylaws. Mayor Monahan asked that modifications to Article V, as shown below, be approved. On MOTION/Approved motion by Mayor 'Monahan,. seconded by Council Member Terms of Board Dixon, and carrie'4-0, the terms of Board Members were Members and approved, changes to the Bylaws were approved, modifying Bylaws Article V of the. Bylaws as follows: Section 3. Selection and Term of Office. The first Board of Directors shall be comprised of one Costa Mesa City Council member appointed by the Mayor and eight at -large members selected by a ;majority (3/5)' vote of the Costa Mesa City Council. Each at -large member shall serve for a term of two years, with they exception of the first eight members elected to the Board of Directors, of which two shall serve terms of i 1 1 1 Ad three (3) years each, three (3) members shall serve terms of two (2) years each, and three (3) members shall serve terms of one (1) year each, as approved by the City Council. The Council Member's two-year term will coincide with the Mayor's term. No member's service shall exceed six consecutive years. Section 4. Vacancies. A vacancy in the City Council Member position because of removal, death, resignation, expiration of term or otherwise, shall be filled by appointment by the Mayor pursuant to the provisions of Article V, Section 3. A vacancy in any other Director position shall be filled by a majority vote of the Board of Directors. Any person selected to fill a vacancy on the Board of Directors shall hold office for the remaining term of his or her predecessor in office, subject to the power of removal contained herein. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued 1997 Uniform from the meeting of May 17, 1999, to consider second reading Codes and 1996 and adoption of Ordinance 99-6, . adopting the 1997 Uniform National Electric Codes and 1996 National Electric Code as amended by the Code State of California. No communications were received. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Erickson, seconded by Ordinance 99-6 Council Member Dixon, and carried 4-0, to give second reading and adopt Ordinance 99-6, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 5-1, 5-12, AND 5-65 OF TITLE 5 OF THE COSTA MESA MUNICIPAL CODE BY ADOPTING THE 1997 UNIFORM CODES AND 1996 NATIONAL ELECTRIC CODE, AS AMENDED BY THE STATE OF CALIFORNIA. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued 1997 Uniform Fire- from the meeting of May 17, 1999, to consider second reading Code and adoption of Ordinance 99-7 adopting the 1997 Uniform Fire Code. No communications were received. The Fire Marshall reviewed the Agenda Report dated May 24, 1999. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Erickson, seconded by Ordinance 99-7 Council Member Dixon, and carried 4-0, to give second reading and adopt Ordinance 99-7, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER II OF TITLE 7 OF THE COSTA MESA MUNICIPAL CODE ADOPTING THE 1997 UNIFORM FIRE CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS OR EXPLOSION; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Building and Safety place set for the public hearing to consider a resolution Fees establishing and adopting schedules of rates, fees, and charges for building safety services provided by the City, effective August 7, 1999. The Affidavit of Publication is on file in the 262 MOTION A motion was made 'by Mayor Pro Tem Cowan, seconded by Continued to Council Member Dixon, and carried 4-0, to continue the public September 7, hearing 'to the meeting of September 7, 1999, directing staff to 1999 complete an analysis of the potential uses for that site, including residential, requesting that viable residential uses be provided, and to include the above findings within the context of the West Side Specific Plan. Mayor Monahan opposed the concept of commercial abutting residential in this area,. Mayor Pro Tem Cowan commented that there is ; a housing: deficit in Costa Mesa, and felt an obligation to investigate the potential of every site. Council Member Erickson supported the motion but concurred with the Mayor's concerns regarding the proximity of commercial and. residential 1 I , City Clerk's office. ;No communications were received. The Building Official summarized the Agenda report dated May 24, 1999. MOTIOIN/Adopted A motion was made by Council Member Erickson, seconded by Resolution 99-34 Council Member Dixon, and carried 4-0, to adopt Resolution 99- 34,.A RESOLUTION OF .THE CITY COUNCIL OF THE CITY OF COSTA. MESA, CALIFORNIA, ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES, AND CHARGES FOR BUILDING SAFETY SERVICES PROVIDED BY THE CITY OF COSTA MESA, directing staff to iprepare a fee study for Budget Year 2000- 2001. Zi PUBLIC HEARING The Deputy City Klerk announced that this was the time and Signs in the Public place set for the public hearing to consider an ordinance relating Right -of -Way to signs in the public right-of-way. Environmental Determina- tion: Exempt. The Affidavit of Publication is on file in the City Clerk's office. No, communications were received. The Development Services Director summarized the Agenda Report dated May' 26, 1999. The Associate Planner responded to questions from Council. MOTION A motion was made by Mayor Pro Tem Cowan, seconded by Continued to Mayor Monahan, and icarried 4-0, to continue the public hearing July 6, 1999 to the meeting of July 6, 1999. Council Member Dixon asked that staff research and prepare an amendment to the proposed ordinance that would allow the City to limit the amount of advertising or corporate sponsorship similar to the holiday banner provision. Mayor Pro Tem Cowan stated that she supported the time period restrictions for the display of portable signs, and opposed allowing political signs in the public right -of -.'way during election campaigns. PUBLIC; HEARING The Deputy City Clerk announced that this was the time and GP -99-01, City of place set for the public hearing to consider General Plan Costa Mesa Amendment GP -99-01, for the City of Costa Mesa, to amend the 1990 General Plan Land Use Map from Public and Semi - Public to General, Commercial, with corresponding changes to the General Plan- text for the 0.5 -acre site located at the southwest corner of Hamilton and Charle Streets. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Development Services Director, reviewed the Agenda Report dated May 26, 1999. MOTION A motion was made 'by Mayor Pro Tem Cowan, seconded by Continued to Council Member Dixon, and carried 4-0, to continue the public September 7, hearing 'to the meeting of September 7, 1999, directing staff to 1999 complete an analysis of the potential uses for that site, including residential, requesting that viable residential uses be provided, and to include the above findings within the context of the West Side Specific Plan. Mayor Monahan opposed the concept of commercial abutting residential in this area,. Mayor Pro Tem Cowan commented that there is ; a housing: deficit in Costa Mesa, and felt an obligation to investigate the potential of every site. Council Member Erickson supported the motion but concurred with the Mayor's concerns regarding the proximity of commercial and. residential 1 263 properties. Council Member Dixon suggested that the area be studied to ascertain if any type of residential housing is compatible. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Citywide Traffic place set for the public hearing to consider an annual review of Impact Fees Citywide Traffic Impact Fees: Resolution to establish a traffic impact fee pertaining to new development in the City of Costa Mesa and related capital improvement plan for Transportation improvements, establishing a fee of $149.00 - per average daily trip end (ADT) as the City's traffic impact fee (three additional options are provided in the 1998 fee study including a maximum fee of $281.00 per ADT). Annual accounting of the Citywide traffic impact fee program. Resolution to establish an incentive for new developments within the City of Costa Mesa, continuing the assessment of traffic impact fees on an incremental basis. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Public Services Director summarized the Agenda Report dated May 26, 1999. Tony Petros, LSA Associates, One Park Plaza, Suite 500, Irvine, member of the Citywide Traffic Impact Fee Committee, commented on the committee's efforts. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Mayor Pro Tem Cowan, seconded by Council Resolution 99-35; Member Dixon, and carried 4-0, the following action was taken: Approved Pro- gram; Adopted Resolution 99-35 was adopted: A RESOLUTION OF THE Resolution 99-36 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO ESTABLISH A TRAFFIC IMPACT FEE PERTAINING TO NEW DEVELOPMENT IN THE CITY OF COSTA MESA AND RELATED CAPITAL IMPROVEMENT PLAN FOR TRANSPORTATION IMPROVEMENTS. Annual accounting of the Citywide traffic impact fee program was approved. Resolution 99-36 was adopted: A RESOLUTION OF THE CITY 'COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO ESTABLISH AN INCENTIVE FOR NEW DEVELOPMENTS WITHIN THE CITY OF COSTA MESA. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 17, Reorganization of 1999, second reading and adoption of Ordinance 99-8, to City Departments effectuate the reorganization of City departments by the City Manager. MOTION/Adopted r i I On motion by Council Member Erickson, seconded by Council Ordinance 99-8 Member: Dixon, and carried 4-0, Ordinance 99=8 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 2-212, 2-213, 2-218, 12-1, 12-2, 12-3, 12-17, 12-18,12124: 12-25, 12-26, 12-30, 12-31, 12-32, 12- 36, 12-39,12-48, 12-53, 12-56, 12-57(D), 12-58, 15-127, 15- 128, 15-131, 15-132, 15-133, 15-138(5), AND 15-140(2); TO DELETE REFERENCES "TO PERSONNEL AND COMMUNITY SERVICES DIRECTORS AND DEPARTMENTS AND TO REPLACE THEM WITH ADMINISTRATIVE SERVICES AND PUBLIC SERVICES DIRECTORS AND DEPARTMENTS IN ORDER TO EFFECTUATE THE REORGANIZATION OF CITY DEPARTMENTS PLAN BY CITY MANAGER. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 3, 18TH Street Parking 1999, 1,8tn Street Parking Lot Improvements, Project No. 99-03: Lot Improvements, 18t`' Street parking 'Jot project maintenance; and award of Project No. 99-03 contract to GMC Engineering, Inc. A communication was received from Sid Crossley, Tempest Equity, 1799 Newport Boulevard, Costa Mesa, giving six reasons why the 181h Street parking lot improvements should be completed. The Public Services Director 'reviewed the Agenda Report dated May 28, 1999. Jon Martino reported that his company has recently redeveloped a building which faces the 18'h Street lot at 1781 Newport Boulevard, Costa Mesa, and provided pictures. He recommended that Alternative 2 be adopted for safety reasons. He noted the parking lot's. current state of disrepair, and emphasized that the parking spaces are needed. Sid Crossley, Tempest Equity, 2799 Newport Boulevard, Costa Mesa, addressed the,cost issue stating that the parking lot is not being - maintained. He pointed out that parking is also needed 'for the police substation and the Veterans of Foreign Wars hall. Mr. Crossley reported that the adjacent businesses could offset the share of their cost to improve the lot if sales are improved by 15 percent, which is likely. MOTION/Awarded A motion was made by Council Member Erickson , seconded by Contract to GMC Mayor Monahan, and carried 4-0, to award the contract to GMC Engineering, Inc 586 East Lambert Road, Brea, for $227,852.13. ;, . Motion to A motion was made by Council Member Erickson, seconded by Renegotiate Failed Council Member Dixon, to direct staff to renegotiate with the to Carry Newport Boulevard I property owners and businesses to contribute their share' of the maintenance cost (for a total cost of $3,200.00 annually); and if the property owners and businesses decline to'pay their fair share of the costs, post the parking ;lot with signs indicating that the lot is to be used for public facility parking only (Lions Park, police substation, Veterans of Foreign Wars and the Neighborhood Community Center), create a method of enforcement for Council approval, and .institute a 4 -hour ,parking limit. - I w 1 Mayor Pro Tem Cowan felt that the above would be difficult to enforce, and supported the City's absorbing the cost of the maintenance. She proposed reviewing the situation in one year to determine if the prediction regarding sales tax comes to fruition. Council Member Erickson reviewed his concern that the property is publicly owned, and persons using the public facilities cannot park in the lot if it is being utilized by employees of the businesses for 8 to 9 hours every day. He stated that the- maintenance cost for the businesses is minimal, and considered it a gift of public funds for the City to subsidize their share. Council Member Erickson pointed out that the potential 15 percent sales tax increase is actually paid by the customers, not the businesses. Mayor Monahan agreed with the Mayor Pro Tem, stating that the cost would return to the City via increased sales tax, and noted that enforcement of the restricted parking lot would be an additional cost to the City. Council Member Erickson asked that staff report on the outcome of the negotiations within 60 days, prior to opening of the parking lot. The motion failed to carry 2-2, Council Members Monahan and Cowan voting no. Motion to Fund A motion was made by Mayor Pro Tem Cowan, seconded by Amount Died Mayor Monahan, to approve the City's funding of the entire cost of the maintenance, to institute the 4 -hour parking limit, and to designate one-half the parking lot for public facilities parking only. After discussion, Mayor Monahan withdrew his second. NEW BUSINESS The Deputy City Clerk presented an ordinance prescribing that Recreation Class recreation class fees are to be set by the Parks, Recreation Fees Facilities and Parkways Commission. The Community Services Director summarized the Agenda Report dated May 26, 1999. MOTION On motion by Mayor Pro . Tem Cowan, seconded by Mayor Ordinance 99-9 Monahan, and carried 4-0, Ordinance 99-9, AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, Reading CALIFORNIA, AMENDING SECTION 12-56 OF CHAPTER III OF TITLE 12 OF THE COSTA MESA MUNICIPAL CODE PRESCRIBING THAT RECREATION CLASS FEES ARE TO BE SET BY THE PARKS, RECREATION FACILITIES AND PARKWAYS COMMISSION, was given first reading and passed to second reading. NEW BUSINESS The Deputy City Clerk presented the East 17th Street Master East 17th Street Plan Widening Project: Establish an "East 17th Street Master Plan Transportation `Alternatives" , `.Ad Hoc Committee; appoint six Widening Project business/property owner representative nominees to the committee; and authorize staff to solicit letters of interest from residents interested in participating on the committee. Mayor Monahan volunteered to represent Council as liaison to the committee. MOTION A motion was made by Mayor Monahan, seconded by Council Approved Com- Member Erickson, and carried 4-0, to establish the "East 17th mittee; Appointed Street Transportation Alternatives" Ad Hoc Committee Members comprised of six business and/or property owners on East 17th Street, two at -large residents, a Chamber of Commerce 6 ' representative; one ' Planning Commissioner, and a Council Member liaison; t'o appoint Robert Riblett, Dan Perlmutter, Dan Lubeck, William Ross, David Hochner, and Jim Gray as members of the committee; to authorize staff to solicit letters of interest from residents; to direct staff to contact the Chamber of Commerce and the Planning Commission requesting appointment of representatives; and to appoint Mayor Monahan as Council liaison'' NEW BUSINESS The Deputy City Clerk presented SCAQMD Rule 2202, On -Road SCAQMD Rule Motor Vehicle Mitigation Options: Air Quality Investment 2202 Program'- Triennial Compliance Option; and Triennial payment to the South Coast Air Quality Management District. The Public Services Director i reviewed the Agenda Report dated May 28, 1999, and responded to questions from Council. The City Manager suggested' that the Public Services Director prepare a program update for Council review. MOTION i A motion was made by Mayor Pro Tem Cowan, seconded ,by Approved Partici- Council Member Erickson, and .carried 4-0, to approve the City's pation and participation_ in the Air Quality Investment Program - Triennial Payment Compliance Option; and to approve Triennial payment to the SCAQMD for $36,580.30. NEW 13USINESS The Deputy City! Clerk presented the Business Improvement BIA Area (BIA) reauthorization: Annual report for Fiscal Year 1998 - Reauthorization 99. Resolution on the intention to levy an annual assessment for Fiscal Year 19,99-2000 for a Business Improvement Area for City of Costa. Mesa, hotels and motels. The City Manager summarized the Agenda Report dated May 26, 1999. I Joe Bann, President 'of the Costa Mesa Tourism Council, Post Office Box 5071,1 Costa Mesa, detailed several of the Tourism Council's current; activities, specifically noting production of a 12 -page color brochure, popularity of the web site, initiation of an advertising campaign targeting markets in Los Angeles, Palm Springs, Las --Vegas,; and San Francisco, geared to holiday, leisure, and business in Costa Mesa. He also mentioned major promotions such !as ;"Beat the Heat" directed into the desert areas and "Shop Till You Drop" for the Christmas season. Doug Scribner, 321 Avocado Street, Unit P, Costa Mesa, asked for clarification on 'th.e concept of the BIA. The City Manager explained that the amount of the assessment (one percent) is set by Council annually at the request of the hotel managers. Mr. .Scribner complimented the City on this system which benefits the City and the hotels. He urged Council to allow the hotel personnel to decide the size and properties to be included in the BIA.. .' Warren - Escher, ex -officio member of the Costa Mesa Tourism and Promotion Council, complimented Council on retaining the rate at ,one percent, ' and confirmed that Costa Mesa has the lowest Transient Occupancy Tax (TOT) in Orange County. i MOTION/Approved A motion was made by Council Member Erickson, seconded by Annual Report; Council. Member Dixon, and carried 4-0, to approve the annual Adopted Res- report for Fiscal Year 1998-99, and to adopt resolution 99-37, olution 99-37, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Setting a Hearing COSTA MESA, CALIFORNIA, THE INTENTION TO LEVY AN on July 6, 1999 ANNUAL ASSESSMENT FOR FISCAL YEAR 1999-2000 FOR A BUSINESS IMPROVEMENT AREA FOR CITY OF COSTA MESA HOTELS AND MOTELS, reauthorizing boundaries for the Assessment District, approving the budget, and setting a public hearing on July 6, 1999, at 6:30 p.m. NEW BUSINESS The Deputy City Clerk presented the Santa Ana River Crossings SARX Update; (SARX) Study update, Community Objective 98-134; and the West Side Plan West Side Specific Plan Status Report No. 6, Community Objective 98-131. The Development Services Director and Public Services Director reviewed the Agenda Reports dated May 27, 1999, and May 28, 1999, respectively. The Public Services Director advised that the next Technical Advisory Group (TAG) meeting is tentatively scheduled for July 6, 1999. Robert Graham, 3260 Dakota Avenue, Costa Mesa, reiterated his concern regarding deletion of the proposed 19" Street bridge from the County's Master Plan of Arterial Highways. MOTION/Received On motion by Mayor Monahan, seconded by Council Member and Filed Erickson, and carried 4-0, the report was received and filed. Skateboard Facility Council Member Erickson asked -that citizens interested in the at Lions Park skateboard facility at Lions Park be notified of the discussion to be held at the meeting of July 6, 1999. He wished City Manager employee Jeannie Corzo good luck as she leaves her job to move to North Carolina. Future Agenda Mayor Monahan asked that the following items be placed on a Items future agenda: review of the City's appeal process concerning appeals from the zoning administrator being routed directly to Council instead of going to the Planning Commission first; and investigate the feasibility of relocating the Costa Mesa Civic Center to the Pacific Savings Plaza, 1901 Newport Boulevard. Governor's Award He announced that he will be nominating the first Mayor's Award recipient, Karen Mortillaro, for the Governor's Award. CITY The City Attorney requested a closed session pursuant to ATTORNEY'S Government Code Section 54957.6 for Council to provide REPORT/Request direction to the Personnel Director regarding negotiations with for Closed the Costa Mesa Police Association. Mayor Monahan announced Session: Police that closed session would be conducted at the conclusion of Negotiations regular business. CITY MANAGER'S The City Manager presented the Fis-cal Year 1999-2000 Budget, REPORT reporting that sev aral meetings ar'a e.cheduled in City Hall, and 1999-2000 Budget _ that- he and members of F'n:!nce rn=:ragement will speak with the community, scrvi^e or r,.arazaticns, and homeowners associations rega°ding fudge '�suil-s:; ..He announced that the public hearing and adoa;lon of' the _budget is scheduled for a special meeting on Tuesday, June 7.9,1999, at 6:30 p.m. COUNCIL Council Member Dixb.-, asked, Jiiat the City advertise for a COMMENTS representative from the Mesa del Mar Homeowners Association to be appointed to the Citywide Traffic Impact Fee Committee. Skateboard Facility Council Member Erickson asked -that citizens interested in the at Lions Park skateboard facility at Lions Park be notified of the discussion to be held at the meeting of July 6, 1999. He wished City Manager employee Jeannie Corzo good luck as she leaves her job to move to North Carolina. Future Agenda Mayor Monahan asked that the following items be placed on a Items future agenda: review of the City's appeal process concerning appeals from the zoning administrator being routed directly to Council instead of going to the Planning Commission first; and investigate the feasibility of relocating the Costa Mesa Civic Center to the Pacific Savings Plaza, 1901 Newport Boulevard. Governor's Award He announced that he will be nominating the first Mayor's Award recipient, Karen Mortillaro, for the Governor's Award. 268 4 Flag for Mayor's Mayor Monahan reported that a American flag will be flown Office over the Capital building in Washington, D.C., and subsequently will be framed and hung in the Mayor's office. ADJOURNMENT At 9:40 p:m., (Mayor Monahan adjourned the meeting to a TO CLOSED closed session in first floor Conference Room A to SESSION discuss the item, previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 10:35 p.m., and the RECONVENED action taken during closed session was announced. No Action Taken Regarding negotiations with the Costa Mesa Police Association, Re Police no action was taken. i ADJOURNMENT Mayor Monahan declared the meeting adjourned at 10:40 p.m. v Mayor of t, e City of Costa Mesa ATTEST: r •i Deputy City Jerk of the City of Costa Mesa 1 1 1