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HomeMy WebLinkAbout04/17/2000 - City CouncilREM REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 17, 2000 The City Council , of the City of Costa Mesa, California, met in regular session April 17, 2000, 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 Pastor Donald Reynolds, Seventh Day Adventist Church. ROLL CALL Council Members Present: Mayor Gary Monahan Mayor Pro Tem Libby Cowan Council Member Joe Erickson Council Member Heather Somers Council Member Linda Dixon Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Jerry Scheer Development Services Director Donald Lamm Public Services Director William Morris Assistant City Attorney Tom Wood Transportation Services Manager Peter Naghavi Risk Manager Karen Adams Budget & Research Officer Carol Jacobs Housing and Neighborhood Improvement Manager Muriel Ullman CDBG/HOME Coordinator Mike Linares Deputy City Clerk Ruth Delaney MINUTES On motion by Council Member Erickson, seconded by April 3, 2000 Council Member Somers, and carried 5-0, the minutes of the regular meeting of April 3, . 2000, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded RESOLUTIONS by Council Member Somers, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Monahan read a proclamation declaring the "California Earth- month of April, 2000, as "California Earthquake quake Prepared- Preparedness Month". The Mayor presented the document ness Month" to Byron Grames and Julian Frost, members of Mesa Proclamation Emergency Service Amateur Communications (MESAC). 1 1 1 PRESENTATION Mayor Monahan commended Martha Ford on being named Employee of the Employee of the Month for April, 2000, in appreciation of Month her contributions as a Plan Checker to the Development Services Department/Building Safety Division. PRESENTATION -Mayor, Monahan presented the Mayor's Award to Ginny Mayor's Award Sulya in recognition of her commitment to ensure the safety of children as they maneuver in an out of Victoria Elementary School parking lot, and commending her volunteer work with the Boy Scouts, the PTA, and her church. NEIGHBORHOOD Mayor Monahan commended Janice- Pannell, Pierpont Drive, WATCH MEETING for hosting a Neighborhood Watch Meeting on March 29, 2000. ORAL COMMUNI- John Feeney, 1154 Dorset Lane, Costa Mesa, commented CATIONS on Proposition 21 which addresses gang violence and Proposition 21 juvenile crime prevention, asking if the Police Department has implemented the process required to register convicted gang members. The City Manager replied that the State of California Attorney General's ' office is working on a procedure and will provide direction to local agencies in the near future. West Side Specific . Janice Davidson, 1982 Arnold Avenue, Costa Mesa, co - Plan chairman of the Westside Improvement Association, thanked .Council for holding a meeting on April 11, 2000, regarding the West Side Specific Plan, and stated that there was an excellent turnout. She provided a phone number for members of the community interested in the Plan, (949)642- 4480. Eric Bever, 1046 Westward Way, Costa Mesa, co-chairman of the Westside Improvement Association, opposed the West Side Specific Plan Draft, stating that redevelopment, vigorous code enforcement, and the pride of ownership are needed to improve the west side. Mayor Monahan noted that comments from the April 11, 2000, meeting will be reviewed and discussed with the consultant, and the Development Services Department will forward a letter with .a copy of the Plan to local home builders for their input and suggestions relating to high density residential areas. Millard Comments Martin Millard, 2973 Harbor Boulevard, Costa Mesa, reiterated his complaints regarding the block wall along Baker Street in need of repair and the graffiti on the telephone booth at the southeast corner of Grace Lane and Baker Street. Mayor Monahan reported that the City has been in contact with the owner of the wall; and there are plans to repair the wall when insurance's issues are settled. -Costa Mesa Senior Anne Hogan-Shereshevslcy; 2152 Elden Avenue, Apartment Center Phone 1, Costa Mesa, spoke about her experience when searching Number for the Costa Mesa Senior Center's phone number in the Pacific Bell White Pages. She believed that it would be more convenient if the phone number were listed under the City in the Government Pages. Mayor Monahan responded that the issue would be researched. M16 .E4 CONSENT On motion by Council Member Erickson, seconded by CALENDAR Council Member Somers, and carried 5-0, all Consent MOTION/Approved Calendar items were approved as recommended. WRITTEN Resolution 00-26 was adopted: A RESOLUTION OF THE COMMUNICATIONS CITY COUNCIL OF THE CITY OF COSTA MESA, Adopted Resolution CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR 00-26, Police . THE POLICE DEPARTMENT OF THE CITY OF COSTA MESA, Records Destruction PURSUANT TO ORDINANCE NO. 75-60. READING FOLDER The following Reading Folder items were received and processed: Alcoholic Beverage Alcoholic Beverage Control (ABC) License Request from Control (ABC) Patrick's Pub, 2645 Harbor Boulevard, for a person-to-person License transfer of a Type 48 ABC license (on -sale general for a public premise). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1792, funding Payroll 007 for 1792/Payroll 007 $1,557,319.35', and City operating expenses for $597,612.05, including payroll deductions. Approved Warrant Warrant Resolution 1793, funding City operating 1793 expenses for $668,600.67. ADMINISTRATIVE Bids received for Bid Item No. 1043, One Ford F-550 Cab ACTIONS/Awarded and Chassis, are on file in the City Clerk's office. The Bid Item No. 1043, contract was awarded to Raceway Ford, 5900 Sycamore One Ford F-550, to Canyon Boulevard, Riverside, for a total price of Raceway Ford $29,284.00. Awarded 21St Storm Bids received for the 21St Street Storm Drain Improvements, Drain Improve- Project No. 00-05, are on file in the City Clerk's office. The ments, Project No. contract was awarded to TopLine Construction, Inc., 9272 00-05, to TopLine Russell Street, La Habra, for $53,697.00. Approved Request -A request was approved to extend the leave of for Extended Leave absence without pay for Bonnie Kubota until June 1, of Absence 2000. Approved Agree- An agreement was approved with the cities of Irvine ment with Irvine and Newport Beach regarding the use, storage, costs, and Newport Beach and maintenance of the emergency rescue vehicle; and for Rescue Vehicle the Mayor and Deputy City Clerk were authorized to sign on Maintenance behalf of the City. Adopted Revision A revision was adopted to Council Policy No. 400-1, to Policy 400-1 regarding the posting of reward money. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Appeal of PA -99-49 place set for the public hearing to consider an application Circle K Store/ from Steven Frank, Tait and Associates, 701 Parkcenter Tosco Marketing Drive, Santa Ana, authorized agent for Circle K Store/Tosco Marketing Company, appealing the Planning Commission's denial of beer and wine sales in connection with Planning Application PA -99-49, for a conditional use permit to convert the existing service bays of a gas station to a convenience store with beer and wine sales; and a variance from front 1 1 landscape setback requirements (20 feet required, 10 feet proposed) along.Paularino Avenue to facilitate the closure of one of two driveways located at 3067 Bristol Street in a C1 zone. Environmental Determination: Negative Declaration. The Affidavit of Publishing and Mailing are on file in the City Clerk's office. A communication was received from Tait and Associates, requesting Council to overturn the Planning Commission's decision. The Development Services Director reviewed the Agenda Report dated April 7, 2000, and showed an overhead transparency of the site. Steven Frank, representing Ttait and Associates, addressed the following topics which were outlined in their letter dated April 6, 2000: (1) the transfer of an existing Type 21 ABC license from within the City, downgrading it to a Type 20 ABC license which prohibits the sale of hard liquor; (2) voluntarily attaching 18 additional conditions to the conditional use permit; (3) asking that they be afforded the ability to offer the same goods and services as their competitors; (4) the convenience for local residents and traffic safety; (5) City Council's approval of four similar requests since 1996; and (6) the implementation of a comprehensive company -wide alcohol education and control program for retail employees. Tim Tourek, 495 East Rimcon, Corona, Division Manager, Tosco Marketing Company, described Circle K as a responsible retailer of alcohol products and stated that the voluntary restrictions were compiled because it is the proper way to address business. He provided an overview of their training program as it relates _to legal issues for the sale of alcohol products, crime prevention, and safety; refusing an improper sale; and being a responsible corporate employee. He pointed out that their corporate policy requires an employee to ask individuals who appear to be under the age of 30 for identification when purchasing alcohol or tobacco products. Mr. Tourek responded to a question from Council Member Dixon by stating that the business will be a 24-hour operation and that the store will be equipped with a closed circuit security system. Richard Tait, Tait and Associates, stated that their Circle K store on Sunflower Avenue and Fairview Road is for sale, and the existing Type 21 ABC license will be transferred to the Paularino Avenue and Bristol Street facility and downgraded to a Type 20 ABC license. Martin Millard, 2973 Harbor ^Boulevard, Costa Mesa, believed that this particular area is overly concentrated with liquor licenses and crime. There being no other speakers, the Mayor closed. the public hearing. MOTION/To Adopt A motion was made by Council Member Erickson, seconded Resolution 00-27, by Council Member Dixon, to adopt a resolution affirming a Affirming PA -99-49 portion of PA -99-49 (CUP and Variance). * s Council Member Somers referred to the crime rate statistics on Page 2 of the. Agenda Report, and concurred with Mr. Millard's comment's that the area has a high concentration of liquor licenses and crime. Mayor Monahan opposed the motion, stating that Tosco Marketing and Union 76 have an excellent training program for their employees, and observed that since the location is in a commercial district the Part 1 crime rate of 253 should not be compared to the City average of 115, which includes residential. neighborhoods. Council Member Erickson agreed with Mayor Monahan's comments; however, he felt that making a legal finding of public convenience or necessity for an ABC license could not be justified. Council Member ; Dixon suggested that Tosco Marketing could pursue obtaining the ABC license from a questionable operator within the zone. Mr. Tait stated that certainly could be an option, but asked if transferring an existing license could be listed as a condition. He also mentioned that if it were approved as a condition, they would voluntarily eliminate the beer and wine alcohol license at the Sunflower Avenue and Fairview Road location as well as downgrade the license for this facility. Council Member Somers expressed concern that this census tract currently has 10 licenses when there should only be 4. SUBSTITUTE A substitute motion was made by Mayor Monahan, MOTION/Adopted seconded by Council Member Erickson, to adopt Resolution Resolution 00-27 00-27: A RESOLUTION OF THE CITY COUNCIL OF THE Approving a CITY OF COSTA MESA, CALIFORNIA, to approve the Portion of transfer of an ABC license from within the same census tract PA -99-49 as the 3067 Bristol Street store and to terminate the Sunflower Avenue and Fairview Road ABC license; making a finding for convenience regarding the public safety aspect in the City, that there will be one less ABC license, and an ABC license will be downgraded to exclude the sale of hard liquor. Mayor Pro Tem, Cowan opposed the substitute motion because she did n'ot' believe there is a call for convenience or necessity .at this site, and stated that there are mini -markets operating in the area without selling alcohol which are successful. Council Member Somers stated that she would not support the motion, and concurred with Mayor Pro Tem Cowan's comments. The substitute motion carried 3-2, Council Members Cowan and Somers voting no. PUBLIC HEARING The Deputy City Clerk. announced that this was the time and 2000-2001 CDBG place set for the public hearing to consider the 2000-2001 Public Service Grant Community Development Block Grant (CDBG) public service Funds grant funds. The Affidavit of Publication is on file in the City Clerk's office. A communication regarding the grant funds was received from Arthur Wannlund, YMCA of Orange County, 13821 Newport Avenue, Suite 200, Tustin; and communications expressing concern regarding the proposed cut in funding for the Continuum of Care Coalition were received from Richard F. Crawford, The Richard F. Crawford Company, 245 Fischer Avenue, Suite B-1, Costa Mesa; David L. Elliott, Vanguard University, 55 Fair Drive, Costa Mesa; and Ed Fawcett, Costa Mesa Chamber of Commerce, 1700 Adams Avenue, Suite 101; Costa Mesa. The CDBG/HOME Coordinator reviewed the Agenda Report dated April 10, 2000, and explained the points and rating system. Jayme Mekis, 1010 Grove Place, Costa Mesa, member of the Redevelopment and Residential Rehabilitation (313) Committee, explained why the 313 Committee is requesting Council to consider eliminating the 10 grants over $15,000.00 and 10 grants under $15,000.00 guideline. She said that the guideline made it extremely difficult to develop a funding recommendation for the many worthy programs requesting less than $15,000.00. A question and answer period ensued between Mayor Pro Tem Cowan and the CDBG/HOME Coordinator. The Housing and Neighborhood Improvement Manager stated that the subcommittee did an excellent job in dispersing funds this year, and she observed that new programs were also considered. Council Member Somers asked if a smaller grant costs as much in administrative time as a larger grant. The Housing and Neighborhood Improvement Manager stated that smaller grants are more heavily impacted with administrative costs than the larger ones. Martin Millard, 2973 Harbor Boulevard, Costa Mesa, felt that more funds should be given to senior services and to 'the disabled. Bill Turpit, 1772 Kenwood Place, Costa Mesa, member of the 313 Committee, pointed out that the subcommittee did an excellent job on the allocations, and noted that the Committee's request for a change in the guidelines would allow more flexibility. He mentioned that the Committee prefers to fund larger grants. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, felt that senior services should receive more funding. Mayor Pro Tem Cowan stated that every person who partic.ipates in these organizations are good people, the groups have guidelines to follow, and they are also audited. There being no other speakers, the Mayor closed the public hearing. Motion to Approve A motion was made by Mayor Monahan to approve the the CDBG Public CDBG public service grants as recommended by the 313 Service Grants Committee, to retain 20 grants and remove the 10 above and Died 10 below $15,000.00 requirement. The motion died for lack of a second. WME MOTION/Approved A motion was made by Council Member Dixon, seconded by Grants Council Member Erickson, and carried 4-1, Council Member Somers voting no, to approve the CDBG public service grants, taking $2,000.00 from each of the following organizations and applying it .towards the FISH Homeless Prevention Program: Community Service Programs, Inc., Costa Mesa Senior Corporation, FISH for Seniors, Someone Cares. Soup Kitchen, Orange Coast Interfaith Shelter, for a total of $10,000.00; and recommending that a total, of 20 nonprofit organizations be funded next year, eliminating the 10 grants over $15,000.00 and 10 grants under $15,000.00 requirement. Council Member'Dixon agreed that senior citizens are an important part o'f the community, and their needs are addressed through this coalition. She believed that some young people grow up without proper guidance and stated that it is our responsibility to address the problem so that they grow up to be strong citizens and leaders in the future. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Housing and CDBG place set for the public hearing to consider the 2000-2001 Funds Community Development Block Grant (CDBG) Entitlement funds and HOME, funds for application submissions to the Department of Housing and Urban Development (HUD). Resolution authorizing the City Manager to act as the official representative of the City in order to submit the 2000-2005 Consolidated Plan, the subsequent Annual Action Plan, and all certifications and assurances contained therein,. and directing and authorizing the City Manager to act in connection with the submission of the Consolidated Plan, the subsequent Annual Action Plan, and to provide such additional information as may be required.. The Affidavit of -Publication is on file in the City Clerk's office. No communications were received. The Housing and Neighborhood Improvement Manager reviewed the Agenda Report dated April; 3, 2000. Regarding Item No. 4, Page 5 of the Agenda Report, the Senior Center's request for the installation of automatic doors at their facility, the City Manager stated that the center is a ,city -owned facility, and it is the City's responsibility to und'ertal<e the upgrade of the doors to meet the Americans with Disabilities Act (ADA) requirements. Mayor Monahan asked that the request for additional Code Enforcement Officers be considered during the 2001-2002 CDBG Budget process.. Mayor Pro Tem Cowan felt that there should be more "teeth" in -the City's Municipal Code before considering hiring additional Code Enforcement Officers. Council Member Dixon requested that the condominium conversion ordinance be brought before City Council. Mayor Pro Tem Cowan observed that the Consolidated Plan indicates that residents feel that more home ownership opportunities should be 'available for young adults, and asked 1; ... : 91 ifdemographics had . been established in terms of affordability. Beth Thompson, Laurin Associates, 7629 Sunrise Boulevard, Suite 211, Citrus Heights, consultant for the Consolidated Plan, stated that they had not pursued demographics in relation to young adults; however, it was determined that the young people in Costa Mesa are moving away because there are no affordable homes available. In regards to Specific Objective No. H-7, Page 76 of the Costa Mesa Consolidated Plan, "Preserve the housing stock and provide affordable rental units through the multifamily rehabilitation program", Council Member Somers thought that instead of providing affordable rental units, funds should be redirected to condominium conversions and first-time home ownership in order to make Costa Mesa more affordable. She expressed concern for the statistic reported in the Consolidated Plan that there are between 850 and 1,200 homeless persons in Costa Mesa. Mark Korando, 582 Park Drive, Costa Mesa,. spoke on behalf of Habitat for Humanity of Orange County, stating that the non-profit and low-income housing providers are also trying to seek solutions to provide affordable housing without building denser units, more condominiums, or apartments. He spoke on the density problem on the west side and about Council's expectations of multi -family housing projects. Mr. Korando reported that in the near future Habitat will be presenting to Council a project on the west side that will address some of the issues that the West Side Specific Plan has identified. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Mayor Pro Tem Cowan, seconded by Resolution 00-28, Council Member Dixon, and carried 5-0, to adopt Resolution Approved CDBG 00-28, A RESOLUTION OF THE CITY COUNCIL OF THE CITY Application and OF COSTA MESA, CALIFORNIA, AUTHORIZING FISCAL HOME Funding YEAR 2000-2001 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP ACT ENTITLEMENT FUNDS APPLICATION SUBMISSION TO THE UNITED STATES DEPARTMENT .OF HOUSING AND URBAN DEVELOPMENT. RECESS The Mayor declared a recess at 8:40 p.m. and reconvened the meeting at 8:50 p.m. OLD BUSINESS The Deputy City Clerk presented from the meeting of April 3, Agreement with 2000, agreement with Roy K. Sakioka and Sons, Sakioka Sakioka Farms, Farms, 14850 Sunflower Avenue, Santa Ana, for purchase Parcel No. of the necessary land relative to construction of the 1- :101370-2; .and 405/SR-55 transitway project (Parcel No. 101370-2); and Budget Adjustment Budget Adjustment No. 00-84 for $362,200.00 for purchase No. 00-84 of the necessary right-of-way. The Public Services Director reviewed Ithe Agenda Report dated April 12, 2000, and responded to questions from Council. 192 MOTION/Approved A motion was made by Council Member Erickson, seconded Agreement with by Council Member Dixon, and carried 5-0, to approve the Option A; and agreement, authorizing the. Mayor. and Deputy City Clerk to Approved Budget sign on behalf of the City and to approve the Budget Adjustment 00-84 Adjustment for Option A of 5350,000.00. OLD BUSINESS The Deputy City Clerk presented from the meeting of Review of Two March 20, 2000, review of two Council appointed Council Appointed committees: Committees Fairview Park Advisory Committee: staff recommends Council review goals, objectives, and accomplishments and provide direction; the committee recommends retaining existing goals, objectives, and organizational makeup, and that a fund-raising entity be established. Human Relations Committee. The Public Services Director reviewed the Agenda Report dated April 6, 2000, regarding the Fairview Park Citizen's Advisory Committee. Mayor Pro Tem Cowan stated that the Committee does not have a mailing list for advertising events nor is there someone to educate the community regarding the Fairview Park Master Plan. MOTION/Gave A motion was made by Mayor Pro Tem Cowan, seconded by Directions to Staff Council Member Dixon, and carried 4-1, Mayor Monahan Voting no, to change the function and purpose of the Fairview Park Advisory Committee to a community education/friend-raising/fund-raising group, as outlined in Attachment A, Page 5, of the Agenda Report; consisting of 5 at -large members, one member from each sub -group (dogs, model engineers, gliders, history, Westside Naturalists, docents, ReLeaf, etc.), one member from the Parks, Recreation Facilities and Parkways Commission (voting), and a representative from the City Council (non-voting); advertise for members of the new group, the July, 2000, meeting shall be a joint meeting, and on August 1, 2000, the current structure changes to the proposed structure; the Parks, Recreation Facilities and Parkways Commission shall absorb all other Fairview programmatic and use issues; the Master Plan and design questions will be addressed first by the Parks Commission then by the City Council; the Parks Commission shall utilize the Study Session process any time design elements come forward and shall include members of the current Fairview Park Advisory Committee for review and comment prior to attending the Parks Commission meeting; the following goals shall be assigned to the new Committee: 1) create an interest mailing list of 3,000 names by April 1, 2001; 2) initiate -a quarterly newsletter funded by outside sponsorship, the first issue to be published by the fourth quarter, 2000; 3) hold at least one community education/involvement event per month beginning in June, 2000, and increase to two a month by October 2000; 4) establish an interest work group for the east side, including each build area, by July 1, 2000; 5) establish an interest work group for the west side by August 1, 2000; and 6) by April 1, 2001, raise no less than $200,000.00 in private 1 1 1 funding through the Community Foundation; and directing the City Manager to assign staff for the best fit for the new structure of this group. Council Member Erickson asked the maker of the motion if she would consider including into her motion that the current Fairview Park Advisory Committee be restructured as an ad hoc committee, to utilize their expertise when reviewing plans, specifications, ideas, and changes to the Park, on an as needed basis: The maker of the motion concurred. Mayor Monahan expressed concern regarding changing the Fairview Park Advisory Committee to an ad hoc status. Mayor Pro Tem Cowan believed that now is the time for Council to move forward with friend/raising and fund/raising, since there is an approved master plan in place. Council Member Dixon felt that an ad hoc committee was a good idea but felt that one group raising funds and another group in. an advisory capacity could create problems. Council Member Dixon reported that the Human Relations Committee discussed their future at their last meeting and the importance of retaining the committee in its present form. She said that the committee will present a couple of projects at the May 15, 2000, Council meeting. OLD BUSINESS The Deputy City Clerk presented a request for rehearing from Request for Re- James J. Theusch, authorized agent for Dayton Hudson hearing from Corporation, 1000 Nicollet Mall, TPN -12, Minneapolis, Dayton Hudson Minnesota,- agent for Target Corporation, and from Al and Morelli Morelli, 3412 Geranium Street, Costa Mesa, of the following: Council approval of Zoning Application ZA-99-47 and Development Review DR -99-22, to construct a 143,500 - square -foot Target store, a 5,000 -square -foot district office, and a 10,800 -square -foot garden center; also, 58,200 square feet of major tenant and in-line shops, and five free- standing pad buildings including one drive-thru restaurant, totaling 17,925 square feet, located at 3030 Harbor Boulevard, in a C1 zone. Environmental Determination: Negative Declaration. A communication was received from Tom and Debby McCormick, 1451 Shamrock Lane, Costa Mesa, complimenting Target on the construction of the new north wall along the Target site. Mayor Monahan read Municipal Code Section 2-304(3) regarding rehearings. Jeff Haber, Latham & Watkins, Attorneys at Law, 633 West Fifth Street, Suite 4000, Los Angeles, counsel to Target, thanked -Council and staff on behalf of the Target Corporation for their hard work" on this project, and stated that they are looking forward to starting construction. Mayor Pro Tem Cowan asked what the basis for requesting for rehearing. Mr. Haber replied that the application was filed by Target in order to preserve their rights and to expedite the process within which the City would hear the rehearing request. He pointed out that Target would like to start construction as soon as possible, and in order to do that this process must complete itself, so a rehearing was filed in order to expedite the Council's consideration of the rehearing request. 94 Simone Wong-Easum, Esq., 27.068 La Paz Road, Unit 603, Aliso Viejo, attorney for Mr. Morelli, believed that the representatives of the Target Corporation did not have grounds for filing an application for rehearing. She felt that Mr. Morelli's petition for rehearing is being considered this evening contrary to the law and violates Costa Mesa Municipal Code Section 2-304(2), which requires that a request for rehearing. occur 10 days or more from the date of the filing of the petition. She pointed out that Mr. Morelli filed his petition on April 10, 2000, and the first Council meeting date at which this petition could be considered would be May 1, 2000, but the City, upon request by Target, has illegally consolidated Target's petition filed April 7, 2000, with Mr. Morelli's petition, and both were calendared for this meeting on the grounds of administrative convenience. Ms. Wong-Easum explained that the City may not waive or omit the 10 day period 'for Mr. Morelli's� petition for rehearing, and it may not consolidate or be added to the Target petition. She believed that Target's petition for rehearing is absurd and was filed solely to interfere with Mr. Morelli's rehearing rights. Mayor Pro Tem Cowan opposed the motion, citing her objection to the way this matter was handled by the Target store in that Mr. Morelli had been denied his due process. She stressed that she had heard no new evidence in either presentation. Council Member Somers supported the motion but resented the fact that both parties were manipulating the system. She recommended that staff readdress the procedure on rehearings so that this type of situation does not reoccur. OLD BUSINESS The Deputy City presented funding for Transitway/MOS 2 Transitway/MOS 2 (Minimum Operating Segment) Improvements; (a) Select Improvements Alternate II as the preferred alternative; (b) Select Alternative Funding IV in the event staff is unsuccessful in obtaining funding from the State (CALTRANS) for the' Bristol Street braid in a timely manner; (c) Use the existing traffic impact fees ($930,000.00), and future traffic impact fees ($6,806,763.00) to pay for the City's share of the improvements; (d) Provide a Funding and Loan Guarantee Plan in an amount not to exceed $6,806,763.00;. and (e) Cooperative agreement with Orange County Transportation Mayor Monahan stated that he has not heard any new evidence from Ms. Wong-Easum. Council Member Erickson asked if everything had been handled appropriately for both appellants regarding the rehearing process. The City Attorney responded in the .affirmative. Council Member Somers concurred that there had been no new evidence presented. MOTION/Adopted A motion was made by Council Member Erickson, seconded Resolution 00-29, by Council Member Somers, and carried 4-1, Mayor Pro Tem Denying the Re- Cowan voting no, to adopt Resolution 00-29: A quest for Re- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF hearing COSTA MESA, CALIFORNIA, DENYING THE REQUEST FOR REHEARING OF DEVELOPMENT -REVIEW DR -99-22 AND ZONING APPLICATION ZA-99-47. Mayor Pro Tem Cowan opposed the motion, citing her objection to the way this matter was handled by the Target store in that Mr. Morelli had been denied his due process. She stressed that she had heard no new evidence in either presentation. Council Member Somers supported the motion but resented the fact that both parties were manipulating the system. She recommended that staff readdress the procedure on rehearings so that this type of situation does not reoccur. OLD BUSINESS The Deputy City presented funding for Transitway/MOS 2 Transitway/MOS 2 (Minimum Operating Segment) Improvements; (a) Select Improvements Alternate II as the preferred alternative; (b) Select Alternative Funding IV in the event staff is unsuccessful in obtaining funding from the State (CALTRANS) for the' Bristol Street braid in a timely manner; (c) Use the existing traffic impact fees ($930,000.00), and future traffic impact fees ($6,806,763.00) to pay for the City's share of the improvements; (d) Provide a Funding and Loan Guarantee Plan in an amount not to exceed $6,806,763.00;. and (e) Cooperative agreement with Orange County Transportation ✓ _4It � � f�._ 41+'1(:: Um Authority (OCTA) for construction of the improvements. The Transportation Services Manager reviewed the Agenda Report dated April 13, 2000, and showed an overhead transparency illustrating the project. Council Member Somers stated that a portion of the Bristol Street Braid is a regional transitway and not the City's responsibility, and asked what the, basis of payback of the loan would be if the funds were not taken from Traffic Impact Fees. The Public Services Director responded that Measure M turnback dollars are more flexible than the Traffic Impact Fees be they can virtually be used anywhere within the public right-of-way. Council Member Somers asked if the repayment of dollars was based on present build -out as it currently exists in the General Plan or was a General Plan Amendment anticipated to do the payback in trip fees. The Transportation Services Manager replied that it was planned by the existing conditions of the General Plan without any amendments. The Transportation Services Manager responded to several questions from Council Member Somers regarding total build- out and funding for the project. Mayor Pro Tern Cowan commented on Costa Mesa's record of success in obtaining project funds from outside sources. She expressed. her disappointment that the Bristol Street Braid project is viewed as a local improvement and not a State of California or a regional issue. Bill Polder, 1628 White Oak Street, Costa Mesa, opposed the City investing funds into a State of California project. He suggested using the funds to repair numerous City streets. MOTION/Approved A .motion was made by Mayor', Monahan, seconded by Staff Recommend- Council Member Erickson, to approve staff recommendations ations as follow: (1) Approve Alternative II as the preferred alternative for the funding of MOS 2 element of the Transitway Improvements; (2) Approve Alternative IV for funding of the MOS 2 element of the Transitway Improvements in the event that staff is unsuccessful in obtaining funding from the State of Calfiornia/CALTRANS for the Bristol Street Braid Improvement element in a timely manner; (3) Approve the use of existing Traffic Impact Fees in the amount of $930,000.00 and future Traffic Impact Fees in the amount of $6,806,763.00 to pay for the City's share of the improvements; (4) Approve a Funding and Loan Guarantee Plan in an amount -not to exceed $6,806,763.00; (5) Approve in concept the Cooperative Agreement with Orange County Transportation Authority (OCTA) for the construction of MOS 2 Transitway Improvements, and to direct staff to bring back to a future Council meeting the final Cooperative Agreement for approval. Council Member Erickson hoped that staff would continue to obtain grant monies as a means of funding majority of this project.' He suggested that improving the freeways would divert traffic from residential streets. Council Member Somers opposed the motion because she felt that there are numerous problems in the City and not just main thoroughfares that need attention. She expressed concern that money may have to be deferred from the Ciity's regular maintenance and Measure M funds to cover the bill. She was not convinced that this was the correct decision at this time and did not appreciate the State forcing the City to pay for the project. Council Member Dixon felt that staff should stress to the State and officials; at OCTA that Costa Mesa views this as a regional project due to it being one of the busiest interchanges in the nation. Mayor Pro Tem Cowan believed that staff should continue pressing the State, the Federal government, and other funding sources. She expressed her disappointment with a recent newspaper article in which OCTA indicated that Costa Mesa is not a "good faith player" with this project. She explained that the City has been diligently working for -the past eight years on this project and takes it very seriously. Council Member Somers commended staff and particularly the Transportation Services Manager for his ability to work out a vision that removes traffic from residential streets and directs it to the freeways. She supported the City Council's commitment of eights years ago to ease and resolve the traffic problems. The motion carried 4-1, Council Member Somers voting no. NEW BUSINESS The Deputy City. Clerk presented the 1999-2000 Third 1999-2000 Third Quarter Community ,Objectives; Change Objective 01-D3 to Quarter Community read: "Negotiate 'a Long -Range Strategy with the Newport - Objectives Mesa Unified School District (NMUSD) to identify and retain school sites for continued public benefit". The Budget & Research Officer summarized the Agenda Report dated April 7, 2000. Regarding Community Objective 98-1313: "Complete a survey -as to . the interest of the community in accepting an assessment to ' rebuild arterial block walls and undergrounding of utilities", Mayor Pro Tem Cowan asked about what type of education program will be provided prior to distributing the : survey. The City Manager explained that public education had not been anticipated; however, staff can certainly create a program, perhaps in conjunction with the press, for notification purposes. Council Member Dixon addressed Community Objective 01- D7: "In conjunction with the General Plan Update, review and reassess current zoning and GP policies that allow for the sub -division of existing single family parcels for small lot sub -divisions specifically on the East side", requesting staff to prepare a list of developments within the last four years, and to appraise the impact on infrastructure, parking, etc". She stated that in ,the past several months there have been a large number of subdivision projects approved for the east side, and felt that 'this is contributing to the loss of character and uniqueness of the east side. Council Member Dixon 1 agreed to place this item on the May 8, 2000, Study Session, then on the May 15, 2000, 'City Council agenda. MOTION/Approved A motion was made by Mayor Pro Tem Cowan, seconded by Community Object- Council Member Erickson, and carried 5-0, to approve the ives and Language Fiscal Year 1999-2000 third quarter Community Objectives Change for 01-D3 and to approve the language change in Objective 01-D3. NEW BUSINESS Amendment to PERS Contract MOTION/Adopted Resolution 00-30; and Gave First Reading to Ord- inance 00-6 CITY ATTORNEY'S -REPORT/Request For Closed Session: City v. Superior Avenue Del Taco Ltd. The Deputy City Clerk presented an amendment to the existing contract with the Public Employees Retirement System (PERS) to provide public service credit for limited prior service for local miscellaneous members. The Risk Manager summarized the Agenda Report dated April 10, 2000. A motion was made by Mayor Pro Tem Cowan, seconded by Council Member Somers, and carried 5-0, to adopt Resolution 00-30: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING AN AMENDMENT, TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM; and to give first reading to Ordinance 00-6: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Second reading and adoption is scheduled for the meeting of May 15, 2000. The City Attorney requested a closed session pursuant to Government Code Section 54956.9(a) to discuss City of Costa Mesa v. Superior Avenue Del Taco Ltd. Partnership, Orange County Superior Court Case No. 815635. The City Attorney announced that this item could' be considered in open session. MOTION/Approved A motion was made by Council Member Erickson, seconded Recommendation by Council Member Somers, and carried 5-0, to approve the recommendation as contained in the City Attorney's confidential memorandum dated April 11, 2000. COUNCIL Council Member Dixon reported that the Neighbors -for - COMMENTS/ Neighbors Cleanup on April 15, 2000, was very successful. Neighbors -for- Council Member Somers thanked the many volunteers who Neighbors Cleanup, participated in the Neighbors -for -Neighbors Cleanup; and and CDBG Grant thanked staff, the 313 Committee, and the subcommittee for Funding their hard work in determining the allocation of grant funds to the many deserving organizations. Transient Council Member Erickson thanked members of Council who Occupancy Tax have met with the Costa Mesa Tourism & Promotion Council (TOT) to discuss the City's Transient Occupancy Tax (TOT) increase. Rim Mayor Pro Tem thanked those who participated in the Neighbors -for -Neighbors event, especially the fifteen Advisory Committee of Teens (ACT) members. She spoke West Side about the West Side Specific Plan meeting she attended on Specific Plan April 11, 2000, and she determined that there is common ground, with an emphasis on change and improvement. She asked the Human Relations Committee to help facilitate finding the common ground, and asked staff to work with the consultant to facilitate the group, including the consolidated plan, which was approved this evening. She reported that she represented Council at the meeting with Santa Ana Heights Santa Ana Heights residents on annexation and sphere of Annexation influence issues, which was very successful; and will provide members of the public with future meeting dates. ADJOURNMENT The Mayor declared the meeting adjourned at 11:05 p.m. t•.� Mayor of the ity of Costa Mesa ATTEST: Deputy Cit Cleric of the City of Costa Mesa 1 1 1