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HomeMy WebLinkAbout08/02/1999 - City Council1 } J. 345 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA August 2..1999 The City Council of the City of Costa Mesa, California, met in regular session August 2, 1999, at 6:30 p.m., in the Council Chambers of City' Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the. Pledge of Allegiance to the'.Flag led by Council Member Erickson, and invocation by Minister Andrew Wall, Church of Christ. 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 Development Services Director Donald Lamm Public Services Director William Morris Finance Director Marc Puckett Assistant Development Services Director Perry Valantine Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council June 21, July 6, Member Dixon, and carried 5-0, the minutes of the regular and July 19, meetings of June 21, July 6, and July 19, 1999, were 1999 approved. ORDINANCES AND A motion was made by Council Member Erickson, seconded by RESOLUTIONS Council Member Dixon, and carried 5-0, to read all ordinances and resolutions by title only. NEIGHBORHOOD Mayor Monahan commended Diane Hill, Londonderry Street, for WATCH MEETINGS hosting a Neighborhood Watch Meeting on July 8, 1999. PRESENTATION Mayor Monahan announced that the recipients of the 1999 Costa Mesa Mayors Cup were the Costa Mesa American Little League All American Little Stars, and presented certificates to Jamie Tinnion, Brandon League All Stars Hoffman, Joseph Amburgey, Scott Knox, Jeff Waldron, Aaron Fitzhugh, Dylan Hunter, Brett Perrine, James Mowatt, Josh Elliott, Daniel Cooper, and Bryce Carich. The Mayor also presented certificates to coaches Jack Carich, Scott Hunter, and Pat McGuire; major division player agent Denise Bauermeister; sponsor Pat O'Dea; and president Barbara Cooper. ORAL COMMUNI- Ernie Feeney, 1154 Dorset Lane, Costa Mesa, inquired into the CATIONS/Graffiti status of the $45,000.00 which was appropriated at the Removal System meeting of February 16, 1999, to purchase a graffiti paint removal system. The Public Services Director replied that he 306 would research this matter and prepare a response regarding the status. Bilingual Notice . Martin Millard, 2973 Harbor Boulevard, Costa Mesa, addressed a bilingual notice .he had received from the City regarding the West Side Specific Plan. He expressed concern that illegal aliens are being notified of events which relate to the future of Costa Mesa. Mayor Monahan responded that the intent was to notify legal residents on the west side. West Side Specific Robert Graham, 3260 Dakota Avenue, Costa Mesa, invited Mr. Plan Meeting Millard to attend the West Side Specific Plan meeting on August 3, 1999, at the Downtown Community Center. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 5, Agreement with Civic Collections, Inc., to conduct a City-wide survey to identify unlicensed dogs and their owners, and Budget Adjustment No. 00-05 for $105,000.00; Item No. 8, Agreement with Hinderliter deLlamas & Associates, to conduct a property tax audit on a contingency fee basis; and Item No. 9, Resolution containing findings for Council's decision on remodeling plans for 3007 Samoa Place. MOTION/Approved On motion by Council Member Erickson, seconded by Council -_. Except Items 5, 8, Member Somers,; and carried 5-0, the remaining Consent and 9 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: Lynne Shertzer- Cianflone; Michael Foust; and Richard Johnson. Alcoholic Beverage Alcoholic Beverage Control Requests: Licenses Request from Player's Pizza (formerly Peking Restaurant), 512 'West 101 Street, for an original Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Request from Sushi Island (formerly Sushi Tsumugi), 2574 Newport Boulevard, for a person-to-person transfer of a Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Request from. Hideto Arimizu and Meiti Wang (proposed business name, unknown; formerly Naomi's Cafe), 320 Bristol Street, No. G, for a person-to-person transfer of a Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Request from Finbar's Italian Kitchen (formerly Bertolini's), 901 -South Coast Drive, Suite 120, for a person-to-person transfer of a Type 47 ABC license (on -sale general for a bona fide eating place). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1755, funding City operating expenses 1755 for $776,921.84. 1 11 Approved Warrant Warrant Resolution 1756, funding City operating expenses 1756/Payroll 915 for $859,369.78; and Payroll 915 for $1,591,991.25. ADMINISTRATIVE Budget Adjustment No. 00-04 was approved for $33,000.00 to ACTIONS/Approved provide an adequate appropriation for the training of appropriate Budget Adjustment Police Department and Management Information Services 00-04 for Police Division staff associated with the upgrade of the Public Safety and MIS Training Computer System. Awarded Fire Sta- The bid for Replacement of Shower Stalls at Costa Mesa City tion Shower Stall Fire Station No. 5, 2450 Vanguard Way, Project No. 99-09, is Replacement, Pro- on file in the City Clerk's office. The contract was awarded to ject No. 99-09, to Alpha Omega Construction, 11265 Promesa Drive, San Diego, Alpha Omega for $7,998.00. Approved Agree- Cooperative Agreement No. 12-340 was approved with the ment with State State of California for right-of-way and construction activities for 1-405/Hyland/ related to the northbound 1-405/Hyland Avenue/South Coast South Coast Drive Drive on-ramp; and the Mayor and Deputy City Clerk were Construction authorized to sign on behalf of the City. Agreement with Mayor Monahan announced that Item No. 5 on the Consent Civic Collections for Calendar was being withdrawn: Agreement with Civic Unlicensed Dog Collections, Inc., 1565 Eldertree Drive, Diamond Bar, to Survey; and Budget conduct a City-wide survey to identify unlicensed dogs and their Adjustment No. owners; and Budget Adjustment No. 00-05 for $105,000.00 to 00-05 Withdrawn recognize additional animal license revenue and appropriate funds to conduct a' survey of unlicensed dogs in the City. Robert Graham, 3260 Dakota Avenue, Costa Mesa, supported the City's interest in the survey. Doug Scribner, 321 Avocado Street, No. P. Costa Mesa, complimented the City on its interest in contracting the Animal Control function with an outside agency. Agreement with Item No. 8 on the Consent Calendar was presented: Agreement Hinderliter deLlamas with Hinderliter deLlamas & Associates (HdL), to conduct a for Property Tax property tax audit on a contingency fee basis of 25 percent of Audit the amount of revenue recovered resulting from the audit. Robert Graham, 3260 Dakota Avenue, Costa Mesa, asked how long 25 percent of the revenue recovered would be given to the contractor. The Finance Director reported that the property tax audit is the same audit previously approved by the Redevelopment Agency, and the purpose is to verify the property tax collections received by Orange County and to reconcile the tax roll. He stated that the City does not have the facilities nor the ability to conduct the audit in-house. MOTION/Approved On motion by Council Member Erickson, seconded by Council Agreement Member Somers, and carried 5-0, the agreement with Hinderliter deLlamas & Associates, 1340 Valley Vista Drive, Suite 200, Diamond Bar, was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Findings for Item 9 on the Consent Calendar was presented: Resolution Council's Decision containing findings for Council's decision on remodeling plans for 3007 Samoa for 3007 Samoa Place. Mayor Monahan opposed adoption of Place the resolution since he had previously opposed the decision. Cristine Trapp, Rosenthal & Zimmerman, Attorneys at Law, 695 Town Center Drive, Suite 1410, Costa Mesa, representing Tracy Stevenson -regarding the property at 3007 Samoa Place, commented that she had reviewed the findings and the videotape from the meeting of July 6, 1999. She observed that it is unclear that the findings contained in the resolution were made at that meeting.. She stated that the findings that support the City's determination that the structure is not an attic but a third story are either not true or not relevant. Ms. Trapp reported that there are a number of homes in the immediate vicinity which are larger than other houses in their neighborhood, and these larger homes have been approved by the City. Robin Leffler, 3025 Samoa Place, Costa Mesa, spoke in support of the City's findings. She reported that the largest house in the neighborhood, 3046 Capri Circle, is still under construction, and refuted that the attic is "stand up, walk around, and fully sheeted". She stated that the house at 3007 Samoa Place does have a third story, and is grossly out of character with the existing neighborhood. MOTION/Granted A motion was made by Council Member Somers, seconded by Additional Time to Council Member Dixon, to grant Mrs. Leffler an additional two Speak minutes to speak. Mayor Pro Tem Cowan opposed the motion because the resolution contains findings which merely confirm the decision made at the meeting of July 6, 1999, and should not become an opportunity to rehash the decision. The motion carried 4-1, Mayor Pro Tem Cowan voting no, and Mrs. Leffler concluded reading her prepared statement. Adopted Resolution On motion by Mayor Pro Tem Cowan, seconded by Council 99-49, 3007 Samoa Member Erickson, and carried 4-1, Mayor Monahan voting no, Place Findings Resolution 99-49 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGARDING 3007 SAMOA PLACE, containing findings for Council's decision about third level plans. OLD BUSINESS The Deputy City Clerk presented a request from Tracy Request for Re- Stevenson, for rehearing of the City Council's July 6, 1999, hearing, Stevenson/ decision interpreting that the plans submitted reflect a third 3007 Samoa Place story at 3007 Samoa Place, Costa Mesa. Communications were received from Robin Leffler, 3025 Samoa Place, Costa Mesa, giving her reasons for opposing the project; and Rosenthal & Zimmerman, Attorneys at Law, 695 Town Center Drive, Suite 1410, Costa Mesa, representing the applicant, Tracy . Stevenson, stating facts on which the request for rehearing is based. Cristine Trapp, Rosenthal & Zimmerman, specified that Tracy Stevenson did not received notice from the City pertaining to the criteria that would be used to determine that the attic constructed pursuant to issuance of a building permit would be considered a third story. She indicated that the criteria contained in the findings are not found in the City's zoning code. She showed pictures of the attic in the house on Capri Circle, indicating , that the height allows enough room to walk around. MOTION A motion was made by Council Member Erickson, seconded by Request Denied Mayor Pro Tem Cowan, and carried 5-0, to deny the request for rehearing. Mayor Monahan supported the motion because new evidence had not been presented. OLD BUSINESS The Deputy City Clerk presented a General Plan Amendment South Coast Metro screening request from -McCarthy Cook & Company, 535 Anton Center Hotel GPA Boulevard, Suite 150, Costa Mesa, for South Coast Metro Screening Request Center Hotel. The Assistant Development Services Director reviewed the Agenda Report dated July 23, 1999. Phillip Schwartze, The PRS Group, 31682 EI Camino Real, San Juan Capistrano, responded to a question from Council Member Dixon regarding the amount of space for banquet and conference room facilities by stating that the plan will be adjusted prior to Council considering the General Plan Amendment request. He informed Council Member Erickson that the building has increased in volume but not in height. Council Member Erickson encouraged Mr. Schwartze to contact the Assistant Development Services Director to determine if reapplication to the Orange County Airport Land Use Commission is necessary, and suggested that he apply in a timely manner so the project will not. fall behind schedule. Council Member Somers indicated that she would oppose a motion to accept the General Plan Amendment screening request because of the lack of sufficient information. MOTION A motion was made by Council Member Erickson, seconded by Accepted GPA Council Member Dixon, and carried 4-1, Council Member Somers voting no, to accept the General Plan Amendment for further processing. NEW BUSINESS The Deputy City Clerk presented a recommendation from the Council Policy Parks, Recreation Facilities and Parkways Commission to amend No. 800-4, Council Policy No. 800-4 allowing for the installation of Memorial Plaques memorial plaques at various locations in City parks in conjunction with the planting of donated trees. The Public Services Director summarized the Agenda Report dated July 20, 1999. MOTION On motion by Mayor Pro Tem Cowan, seconded by Council Approved Policy Member Erickson, and carried 5-0, the recommendation to Amendment amend Council Policy No. 800-4 was approved. NEW BUSINESS The Deputy City Clerk presented a request for appointments to LLEBG Appoint- the Local Law Enforcement Block Grant (LLEBG) Ad Hoc ments Committee. The City Manager reviewed the Agenda Report dated July 24,,1999. MOTION/To Appoint A motion was made by Council Member Somers to reappoint Five Members herself as Council liaison, and to appoint five members. SUBSTITUTE A substitute motion was made by Mayor Monahan, seconded MOTION/Appointed by Council Member Erickson, and carried 5-0, to appoint Members to LLEBG Michael T. Hyams, Paul E. Odwald, Craig Robinson, Lynne Bloomberg, Anthony L. Petros, Eric Nelson, Dave Gardner., Paul A. Loubet, and Nancy K. Clark as members of the LLEBG Ad Hoc Committee, and to appoint Council Member Somers as Council liaison to the committee. 310 -NEW BUSINESS The. Deputy City' Clerk presented a request for appointments to Committee the following committees: Advisory Committee of Teens (ACT); Appointments Child Care and Youth Services Committee; Human Relations Alternate Member Committee; Investment Oversight Committee; and to 311 Committee Redevelopment andResidential Rehabilitation Committee (313). The City Manager . summarized the: Agenda Report dated July 21, 1999. Council. Member Erickson noted that he would NEW BUSINESS abstain from voting on issues related to the Advisory Committee West Side Specific of Teens (ACT) due to the involvement of his son. MOTION/Approved A motion was made by Mayor Pro Tem Cowan, seconded by Restructuring of Council Member Somers, and carried 4-0, Council Member ACT Erickson abstaining, to approve, restructuring the ACT membership to ten regular members and three alternate members. MOTION/Appointed A motion was made by Mayor Pro Tem Cowan, seconded by Members and Mayor. Monahan, and carried 4-0, Council Member Erickson Alternate Members abstaining, to reappoint Jason Cabico, Regan Hanold, Farshid to ACT Kazi, Diana More'lli, and Matthew Mueller as regular members of ACT, to appoint: Lisa Daoud and James Richardson as regular members, and to' appoint Michelle DeNeewer, Shirley Peng, and Thu Phung as alternate members for two-year terms expiring July 31, 2001. Mayor Pro Tem; Cowan announced that ACT will meet on Monday, August 9, 1999, and invited all members and alternates to attend. MOTION/Appointed A motion .was made by Council Member Erickson, seconded by Members to Child Mayor Monahan,; and carried 5-0, to reappoint Kathleen Hanold Care Committee and Karen Ursini to the Child Care and Youth Services Committee for two=year terms expiring July 31, 2001. MOTION/Appointed A motion was made by Council. Member Dixon, seconded by Members to Human Mayor Pro Tem; Cowan, and carried 5-0, to appoint Karen Relations Committee Sager, Lucy Santana, Jayme Mekis, James Meyer and Eric .Nelson, as members of the Human Relations Committee for two-year terms expiring July 31, 2001. MOTION/Appointed . A motion was made by Mayor Monahan, seconded by Council Member to Invest- Member Erickson., and carried 5-0, to reappoint Gary A. Pulford ment Oversight to the Investment Oversight Committee for a four-year term Committee expiring July 31,:2063. MOTION/Appointed A motion was madeby Council Member Somers, seconded by Alternate Member Mayor Monahan; and carried 5-0, to appoint John Rule as an to 311 Committee alternate member to the Redevelopment and Residential Rehabilitation (313) Committee for a two-year term expiring July 31, 2001. NEW BUSINESS The Deputy City Clerk presented the Santa Ana River Crossings West Side Specific (SARX) Study update, Community Objective 98-134; and West Plan and SARX Side Specific Plan Status Report No. 8, Community Objective Study 98-D1. The Assistant Development Services Director summarized the ,Agenda Report dated July 22, 1999, stating that a workshop on the West Side Specific Plan is scheduled for Tuesday, August 3, 1999, 6:30 p.m. to 9:00 p.m., at the Neighborhood Community Center. The Public Services Director reviewed the Agenda Report dated July 26, 1999, regarding the 1 1 LJ SARX Study, and announced that the next Technical Advisory Group (TAG) meeting will be held in September. Phil Morello, Post Office Box 10487, Costa Mesa, commented that the City had accepted a General Plan Amendment screening request for the South Coast Metro Hotel, yet the inflexibility of changing the General Plan had been cited numerous times as the reason for not accepting a 19th Street bridge or making major changes to the west side. He complained that the City's concern for the west side is not equal to its concern for other areas in town. Robert Graham, 3260 Dakota Avenue, Costa Mesa, reiterated his position that a study of a 19th Street bridge should be conducted to determine potential benefits. MOTION/Received On motion by Mayor Monahan, seconded by Mayor Pro Tem and Filed Cowan, and carried 5-0, the report was received and filed. COUNCIL Council Member Erickson reported on his meeting with new COMMENTS members of the Orange County Fair Board. He suggested Orange County Fair conducting another Fair Committee Liaison meeting to review the Board 1999 Orange County Fair and to plan for the future. ADJOURNMENT The Mayor declared the meeting adjourned at 7:45 p.m. Mayo of th6 City of Costa Mesa ATTEST: Deputy City I rk of the City of Costa Mesa