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HomeMy WebLinkAbout06/21/1999 - City Council1 .REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 21, 1999 The City Council of the City of Costa Mesa, California, met in regular session June 21, 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 Monahan, and invocation by Mr. David Alford, Southern California College. ROLL CALL Council Members Present: Mayor Gary Monahan Mayor Pro Tem Libby Cowan Council Member Joe Erickson Council Member Heather Somers Council Members Absent: Officials Present: Council Member Linda Dixon 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 Police Lieutenant Ron Smith Redevelopment and Housing Manager Muriel Ullman Rehabilitation Coordinator Paul Miller Assistant City Attorney Tom Wood Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Mayor June 7, 1999 Pro .Tem Cowan, and carried 3-0, Council Member Dixon absent, Council Member Somers abstaining, the minutes of the regular meeting of June 7, 1999, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded by RESOLUTIONS Council Member Somers, and carried 4-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor_ Monahan congratulated Carol Proctor on being named Employee of the Employee of the Month for June, 1999, and praised her Month commitment and dedication to the Harbor Center project. PRESENTATION Mayor Monahan read a proclamation declaring the month of Parks & Recreation May, 1999, as Parks and Recreation Month", and presented Month Proclam- the document to Stacia Mancini, Recreation Manager for the ation City. Ms. Mancini introduced the Recreation Division staff. PRESENTATION Mayor Monahan read a proclamation proclaiming July 2, 1999, Keith Van Holt as Keith Van Holt day in the City, detailing his career Proclamation accomplishments. He presented the document to Mr. Van Holt, and congratulated him on his upcoming retirement. 269' zoo ORAL COMMUNI- Robert Graham, 3260 Dakota Avenue, Costa Mesa, addressed CATIONS several ,items contained in the Request for Qualifications (RFQ) Extension of 19th for the West ,Side; Specific Plan, as it relates to the extension of Street to the Beach 191h Street to Huntington Beach. He listed improved properties and increased property values as incentives to investigate benefits of constructing the bridge. Council Member Erickson referred to an article in the June 21, 1999, Orange County Business Journals Which reported that the intersection of Newport Boulevard and Pacific Coast Highway in Newport Beach is the busiest in Orange County, and the intersection of 191h Street and Newport Boulevard in Costa Mesa is the second busiest. He expressed concern regarding severe traffic congestion at the 19t1i Street intersection should the bridge become a reality. Preschool Slayings Ed Deckert, Lighthouse Coastal Community Church/South Coast Preschool, Post Office Box 3258, Costa Mesa, asked that the site of the recent slaying of two children at the preschool be declared a memorial in order for the City fees to be waived for playground restoration and removal of the wall. Mayor Monahan responded that the City is considering the circumstances _ and directed Mr. Deckert to put the request in writing., 4 t of July Event Richard Oliverio, 725 South Langtree Lane, Anaheim Hills, representing the Kingsmen Drum and Bugle Corps, announced that an event will be held on July 4, 1999, at Orange Coast College, featuring fireworks, and invited Council to attend. He reported that proceeds from the event will be directed to a Kingsmen scholarship, fund and to the Make -A -Wish Foundation. Bark Park Barbara Robb, 287 Flower Street, Costa Mesa, stated that she takes her dog to the ' Bark Park at TeWinkle Park three times'a week, and opposed the proposed use of Eucalyptus bark for ground cover. She related her experiences at the park, and acknowledged that she preferred the dust and mud to the Eucalyptus bark.; Mayor Pro Tem Cowan replied that alternatives are being considered, and noted the merits of the mulch -based ground cover used in Huntington Beach. She clarified! that the process is in the beginning design stages, and announced that al meeting will be held on the subject and will include the Bark Park Committee. I EI Camino Georgia; Fallas, 283.4'Loreto Avenue, Costa Mesa, addressed Shopping Plaza concerns regarding the EI Camino Shopping Plaza where her son had been involved in !a violent incident. She indicated that the Mesa del Mar neighborhood had previously been a quiet, family- oriented area, and the Plaza at one time was an attractive shopping center which included Country Cousins Market. Additional Costa Mesa residents speaking on the . need to improve' conditions at the EI Camino Shopping Plaza were Robin Haggard, 2740 San Juan Lane; Rhonda Heintz, 2799 Francis Lane; Mark Russell, 830 Jennifer Lane, Unit B, who provided Council with a copy of his study on property values in the area; and Bob Osgood, 962 Magellan Street. ,The Development'! Services Director responded that the City's Code Enforcement Division and Building Division have been actively; working ;with the property owner of the Plaza, and 1 1 1 plans have been submitted to the City for minor remodeling, landscaping, and painting. He outlined procedures to be taken should the property owner fail to proceed with the remodeling. 19t`' Street Lane Phil Morello, Post Office Box 10487, Costa Mesa, stated that he Reduction had received the West Side Specific Plan update, and expressed concern regarding the comment that consideration was being given to reducing 19th Street to one lane of traffic in each direction. He objected to many facets of the report. Alley Behind Costa Mark Sweetser, 320Y2 Costa Mesa Street, Costa Mesa, asked Mesa Street about the procedure to have the dirt alley paved behind his Between 19th and home on Costa Mesa Street, between 19th and 20th Streets. 20th Streets Mayor Monahan replied that the City's alley replacement program is in effect, a study has been made, and work is in progress to upgrade all alleyways. He suggested contacting the Skateboard Park Public Services Director for details of the program. Mr. Sweetser asked for more information on the skateboard park. The City Manager responded that the skateboard park will again be discussed at the Council meeting of July 6, 1999, at 6:30 p.m. CONSENT The following item was removed from the Consent Calendar: CALENDAR Item No. 8, Completion of Pavement Reconstruction Project for Fair Drive, Hamilton Street, Orange Avenue, and Santa Ana Avenue, Project No. 98-25, by R. J. Noble Company. MOTION/Approved On motion by Council Member Erickson, seconded by Council Except Item No, 8 Member Somers, and carried 4-0, the remaining Consent Calendar items were approved as recommended. WRITTEN COM- MUNICATIONS/ Resolution 99-38 was adopted: A RESOLUTION OF THE CITY Adopted Resolution COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, 99-38, Records AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE Destruction for DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO Finance ORDINANCE 75-60. READING FOLDER. The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Andrew J. Dunn; Christopher Floyd; Debra Greeley; and Carol S. Hilborn and Christopher Hilborn. Public Utilities Notice that Southern California Gas Company has filed Commission Application No. 99-05-044 with the Public Utilities Commission requesting approval to increase tariff rates for the .installation of earthquake shut-off valves. The system- wide 'annual 'increase 'is estimated to be $80,000.00 in excess of revenues at current tariff rates. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1749, funding City operating expenses 1749 , for $504,791.23. Approved Warrant Warrant Resolution 1750, funding City operating expenses 1750/Payroll 912 for $718,463.41; and Payroll 912 for $1,551,277.70. .271 ADMINISTRATIVE Street improvements at 2038 Newport Boulevard were ACTIONS/Accepted completed to the satisfaction of the Public Services Director by Work by Instorage Instorage Costa :Mesa L. P., a Family Limited Partnership, for 2038 Newport, 22431-,B160 Antonio Parkway, Rancho Santa Margarita, in EP PS919-00043/ connection with 'Encroachment Permit Nos. PS99-00043 and PS99-00044 (PA- PS99-00044 (PA' -98714). The work was accepted, and the 98-14) bonds.were ordered exonerated. Accepted Work by Street improvements at 2163 Pacific Avenue were completed to Robert M. Miller the satisfaction of the Public Services Director by Robert M. for 2163 Pacific, Miller, 4644 Katella Avenue, Los Alamitos, in connection with EP PS99-00036 Encroachment Permit No. PS99-00036. The work was accepted, and the bonds were ordered exonerated. Accepted Work by Street improvements at 2865 Fairview Road.were completed to Lyon for 2865 Fair- the satisfaction of the Public Services Director by William Lyon view, EP 14679, Homes, Inc., 4490 Von Karman Avenue, Newport Beach, in 14699, 14700, connection with Encroachment Permits Nos. 14679, 14699, 14701, and 14703 14700, 14701, and 14703 (Tract No. 15570). The work was (Tract No. 15570) accepted, and the bonds were ordered exonerated. Awarded Contract Bids received for ' 1998-99 Slurry Seal and Crack Seal, Project for Slurry Seal, Pro- No. 99-06, are on file in the City Clerk's office. The contract ject No. 99-06, to was awarded to Pavement Coatings Company, Post Office Box Pavement Coatings 1491, Cypress, for $457,960.18. Approved Allocation of $235,022.00 was approved from the 1998-99 Allocation from Citizens' Option for Public Safety (COPS)/Supplemental Law 1998-99 COPS Enforcement Services Fund for the following purposes: Fund additional police sergeant position, $103,000.00; automated field reporting computer software, $119,772.00; and matching funds for 1997-98 Local Law Enforcement Block Grant (LLEBG), $12,250.00. Approved Renewal Renewal of an agreement with Scott Fazekas & Associates, of Agreement with Inc., 30 Corporate Park, Suite 107, Irvine, as a sole source Fazekas for Hazard- vendor providing! a Hazardous Materials Specialist for the ous Materials administration. of 'the' Hazardous Materials Disclosure Program, Specialist in an amount not !to exceed $80,000.00, was approved for one year with two additional extensions of one year, each upon satisfactory performance, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Agree- An agreement was approved with Robert Bein, William Frost ment with RBF for and Associates (RBF), Post Office Box 57057, Irvine, for Year 2000 General $248,416.00, for the Year 2000 General Plan Update, and the Plan Update Mayor and Deputy City Clerk were authorized to sign on behalf of the City. ' Adopted Resolution Resolution _99-39 was adopted: A RESOLUTION OF THE CITY 99-39 Revising COUNCIL OF THE CITY OF .COSTA MESA, CALIFORNIA, Employee Pay REVISING THE PAY RANGES FOR JOB CLASSIFICATIONS Ranges REPRESENTED BY THE COSTA MESA CITY EMPLOYEES ASSOCIATION (Civilian Investigator). Completion of Item 8 on the Consent Calendar was presented: Completion of Pavement Recon- Pavement Reconstruction Project for Fair Drive, Harbor struction, Project Boulevard to Vassar Place; Hamilton Street, Charle Street to No. 98-15, by Pomona Avenue; Orange Avenue, 19t' Street to 22"d Street; and R. J. Noble Santa Ana Avenue, Monte Vista Avenue to Mesa Drive; Project 1 1 t 3 No. 98-15, by R. J. Noble Company, 15505 East Lincoln Avenue, Orange. Mayor Monahan asked the Public Services Director to show a videotape of the before and after pictures of MOTION the recently completed project. On motion by Mayor Pro Tem Accepted Work Cowan, seconded by Council Member Erickson, and carried 4-0, the ,work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. ANNOUNCEMENT Mayor Monahan announced that New Business Item No. 4 would be heard as the next item of business. NEW BUSINESS The Deputy City:.:Clerk presented a resolution authorizing the Offering of Reward offering and posting of a reward for $25,000.00 pursuant to City Council Policy No. 400-1; and Budget Adjustment No. 99- 113 for $25,000.00 to fund the award in the investigation of a recent murder. The Police Lieutenant summarized the Agenda Report dated June 18, 1999: Phil Morello, Post Office Box 10487, Costa Mesa, commended Council for supporting the active pursuit of the criminal who committed this crime. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Resolution 99-40; Member . Somers, and carried 4-0, Resolution 99-40 was Approved Budget adopted:: A RESOLUTION OF THE CITY COUNCIL OF THE CITY Adjustment No. OF COSTA MESA, CALIFORNIA, AUTHORIZING THE OFFERING 99-113 AND POSTING OF A REWARD FOR $25,000.00 PURSUANT TO CITY COUNCIL POLICY NO. 400-1; and Budget Adjustment No. 99-113 for $25,000.00 was approved. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Council Review -of place set for the public hearing to consider a request from ZA-99-11, Jordan/ Council Member Somers for Council review of the Planning Nexus Commission's approval of Zoning Application ZA-99-11 for Bruce Jordan, 34700 Pacific Coast Highway, Unit 203, Capistrano Beach, authorized agent for Nexus Development Corporation/Walter Wada, for a minor conditional use permit to allow a 950 -unit, one- and, two-story mini -warehouse facility with a live-in manager's unit on a vacant, 3.9 -acre parcel located at 1741 Whittier Avenue in an MG zone. Environmental Determination: Negative Declaration. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. No communications were received. Council Member Somers reviewed her request, stating that the proposed project would not enhance the area and ma'' y "not be the best use for that site. She encouraged the investigation of long-term goals for this area. Bruce Jordan, 34700 Pacific Coast Highway,. Unit 203, Capistrano Beach, reported that the project was originally approved on April 22, 1999, and delays caused by the two appeals have been extremely expensive. He noted that recently the zoning trend has been to allow self -storage facilities to be constructed closer to residential properties, commercial properties, and the sectors of the community which are the customer base. He emphasized that the project was designed OLD BUSINESS The Deputy City ;Clerk presented from the meeting of June 3, Recreation Fees 1999, . second reading and adoption of Ordinance 99-9, prescribing that recreation class fees are to be set by the Parks, Recreation Facilities and Parkways Commission. The Community Services Director recommended adoption of Ordinance 99-9. MOTION/Adopted On motion by Mayor Monahan, seconded by Mayor Pro Tem Ordinance 99-9 Cowan; and carried 4-0, Ordinance 99-9 was given second reading and adopted:' AN ORDINANCE OF THE CITY COUNCIL .OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 12-56 OF CHAPTER III OF TITLE 23.OF THE COSTA MESA :MUNICIPAL CODE PRESCRIBING THAT RECREATION CLASS � FEES ARE TO BE SET BY THE PARKS, RECREATION FACILITIES AND PARKWAYS COMMISSION. NEW BUSINESS The Deputy " City Clerk presented an ordinance amending Appeal„ Rehearing, Chapter IX - of Title' 2 of the Costa Mesa Municipal Code and Review Proce- regarding Appeal; Rehearing and Review Procedure. Mayor dure Monahan summarized the Agenda Report dated June 14, 1999. 1 to ensure that storage activity is screened from public view. Mr. Jordan commented that the level of security is state-of-the- art, including compuier-controlled access, television cameras to monitor vehicles,, digital recording devices, specialized cylinder key locks, and individual door alarms. He took exception to the notion that the property could be zoned residential. Robert ;Graham, 3260 Dakota Avenue, Costa Mesa, opposed the project, noting the City's tremendous need for residential housing.. He presented a diagram illustrating the project's location in relation " to adjacent residential properties, and pointed out dangers which could be encountered. The following Costa Mesa residents also spoke in opposition to construction of the mini -warehouse facility: Phil Morello, Post Office Box 10487; James Quigg, 1869 Parkview Circle; and Tom Egan, 1103 Mesa Bluff Drive. Doug Scribner, 321; Avocado Street, No. P, Costa Mesa, objected to a government agency dictating to a property owner on the use of his own property. Council Member Somers stated that the proposed project would significantly impact the value of adjacent properties, and indicated her intent to determine the best usage for this site. Council Member Erickson agreed with Council Member Somers:'s long-term observations; however, he considered .the mini -warehouse facility as more compatible with the existing manufacturing uses in the neighborhood. MOTION/Adopted A motion was made by Council Member Erickson, seconded by Resolution 99-41 Mayor Monahan,` and carried 3-1, Council Member Somers Approving ZA-99- voting no, to upholdthe decision of the Planning Commission 11 by adopting Resolution 99-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT ZA-99-11. OLD BUSINESS The Deputy City ;Clerk presented from the meeting of June 3, Recreation Fees 1999, . second reading and adoption of Ordinance 99-9, prescribing that recreation class fees are to be set by the Parks, Recreation Facilities and Parkways Commission. The Community Services Director recommended adoption of Ordinance 99-9. MOTION/Adopted On motion by Mayor Monahan, seconded by Mayor Pro Tem Ordinance 99-9 Cowan; and carried 4-0, Ordinance 99-9 was given second reading and adopted:' AN ORDINANCE OF THE CITY COUNCIL .OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 12-56 OF CHAPTER III OF TITLE 23.OF THE COSTA MESA :MUNICIPAL CODE PRESCRIBING THAT RECREATION CLASS � FEES ARE TO BE SET BY THE PARKS, RECREATION FACILITIES AND PARKWAYS COMMISSION. NEW BUSINESS The Deputy " City Clerk presented an ordinance amending Appeal„ Rehearing, Chapter IX - of Title' 2 of the Costa Mesa Municipal Code and Review Proce- regarding Appeal; Rehearing and Review Procedure. Mayor dure Monahan summarized the Agenda Report dated June 14, 1999. 1 Council Member Erickson asked that appeals and rehearings be heard at regularly scheduled Council meetings, and suggested continuing the item for two weeks. He emphasized his objection to conducting the hearing on the same evening as the request for rehearing is considered because of noticing requirements. Mayor Pro Tem Cowan expressed concern regarding the -suggestion to bypass the Planning Commission by forwarding items directly to Council for review. She stated that a request to review a project does not necessarily slow down its progress, and stressed the importance of issues such as zoning requirements and general plan requirements being discussed at a public hearing at the Planning Commission level. Council Member Somers agreed with Mayor Pro Tem Cowan, noting that "due process" must be followed. She pointed out contradictions in the Agenda Report. The Assistant City Attorney responded.to questions from Council. Council Member Somers suggested the following revision to Page 6, Section 2-304, Procedure for Rehearing: "If the person or body concludes the applicant has met the burden of justifying the rehearing, the rehearing will be scheduled for the next regular meeting..." deleting "or a date", and continuing "...which allows sufficient time...". MOTION A motion was made by Mayor Monahan, seconded by Mayor Continued to Pro Tem Cowan, and carried 4-0, to continue this item to the July 6, 1999 meeting of July 6, 1999, and to include in the ordinance the option to forward the review of a zoning administrator's decision directly to City Council, that appeals and rehearings shall be scheduled for regular City Council meetings, and that the hearing shall not be conducted on the same evening that the request for rehearing is considered. NEW BUSINESS The Deputy City Clerk presented the fall "Neighbors -for - "Neighbors -for Neighbors" community clean-up: maintain existing "Neighbors - Neighbors" Cleanup for -Neighbors" property selection process and choose either Option A, B, or C for the Fall 1999 event, or adopt Redevelopment and Residential Rehabilitation (313) Committee "Neighbors -for -Neighbors" property selection process. The Redevelopment and Housing Manager summarized the Agenda Report dated June 21, 1999. She and the Rehabilitation Coordinator responded to questions from Council. The Redevelopment and Housing Manager emphasized that the present staff is adequate to complete the project but the rehabilitation staff will be required to work several additional hours on the subject project which will divert their energies from loans and grants which is their primary responsibility. Council ''Member Somers suggested that Fairview Park be considered for a "clean-up" effort. Mayor Pro Tem Cowan responded that it would be difficult to initiate a clean-up because of the Master Plan and several protected areas of the park, such as the vernal pools. Council Member Somers asked that Fairview Park be considered. Phil Morello, Post Office Box 10487, Costa Mesa, a member of the 313 Committee, mentioned that the intent of the committee's recommendation was to include persons in need of assistance such as the elderly or disabled .who are not located in the target area. :n ` 276 MOTION/Approved A motion. was made; by Mayor Pro Tem Cowan, seconded by Option B Council Member Erickson, and carried 4-0, to approve Option B, Page 2 of the Agenda Report, "Select up to three (3) mobile homes' from the Neighborhood Improvement Grant or 'Neighbors -for -Neighbors' waiting list." Council Member Erickson asked that minutes of this meeting be included in the 313 Committee packet for their next regularly scheduled meeting. NEW BUSINESS The Deputy City Clerk presented a request from Mayor Relocation of Civic Monahan for City Council consideration of a proposal to Center relocate the Costa Mesa Civic Center to 1901 Newport Boulevard. Mayor Monahan reviewed his request. Council: Member'l Erickson asked if funding information from Southern California College could be kept private. The City Attorney replied ithat a closed session may be utilized and offered to research other alternatives. Dave Alford, Vice President of Business and Finance, Southern California College; 55 Fair Drive, Costa Mesa, stated that if the above is a viable !proposition for the City, the college would be interested in acquiring the current Civic Center due to its proximity to the college. He reported that the college has entered- into a representation agreement with Lee & Associates. Robert Engen, 3,6 Seton Road, Irvine, representing Lee' & Associates, 3200 East Parker Street, Suite 1000, Orange, reviewed 'two !suggested approaches for the property transactions. He stated that this is a unique opportunity, noting that the Pacific Savings Bank Plaza is the only building in the City that can house both the City Hall and the Police Department. Robert Graham, 3260 Dakota Avenue, Costa Mesa, supported the concept of completing an in-depth study prior to making a decision. Tom Egan, 1103 Mesa Bluff Drive, Costa Mesa, supported the project, stating that, it has great appeal. He felt that an emphasis should be placed on, "should we do it?". MOTION/Continued A motion was made by Council Member Erickson, seconded by to July 19, 1999; Mayor Monahan, and, carried 4-0, to continue this item to the Gave Directions to meeting of July 19, 1999, directing staff to eliminate from the Staff proposed transaction, any consideration of condemnation, to determine if closed; session is required for review and qualification of the college as a proposed buyer, to forward a letter to the owner of the property for their acknowledgment that the City, by law, cannot be responsible for paying brokerage commission and must only pay appraised value for the property, and to forward a letter to SCC requesting financial information. CITY MANAGER'S The City Manager' expressed appreciation to staff and members REPORT of the ,public who attended the two budget briefings. He FY 1999-2000 announced that adoption of the fiscal year 1999-2000 budget Budget Meetings will occur at the special Council meeting on Tuesday, June 29, 1999, at 6:30 p.m. 1 1 i COUNCIL Council Member Somers reported that she had submitted a COMMENTS letter to the Orange County Regional Airport Authority (OCRAA) OCRAA Meetings suggesting that members of the board of the EI Toro Reuse Planning Authority (ETRPA-) attend OCRAA meetings and vice versa. Regional Housing Mayor Pro Tem Cowan, representative to Southern California Needs Assessment Association of Governments (SCAG) and the Orange County Council of Governments, reported that at the end of June, the City will receive a number for the regional housing needs assessment which is a portion of the housing element, ADJOURNMENT The Mayor declared the meeting adjourned at 9:10 p.m. 4— Mayor of the City Costa Mesa ATTEST: 2�, / t Deputy Cit : Clerk of the City of Costa Mesa 1 1