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HomeMy WebLinkAbout07/03/2000 - City Council1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY '3, 2000 The City Council of the City of Costa Mesa, California, met in regular session July' 3, 2000, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. Mayor Monahan read a patriotic message in honor of the July 4th holiday. 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 Gary Archer, Vanguard University. ROLL CALL Council Members Present: ,Mayor Gary Monahan Mayor Pro Tem Libby Cowan jCouncil 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 Planning and Redevelopment Manager Mike Robinson Assistant to the City Manager Ann Shultz Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council June 19, 2000 Member Somers, and carried '5-0, the minutes of the regular meeting of June, 19, 2000, were approved as distributed. ORDINANCE AND A motion was made by Council Member Erickson, seconded by RESOLUTIONS Council Member Somers, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Monahan presented the Mayor's Award to Orlando Mayor's Award Sanchez, Director of Quoheleth Ministries, a food distribution program through the Harbor Christian Fellowship, who contributes at least 40 hours a week of volunteer time to the Ministry and other volunteer activities. ORAL COMMUNI- Barbara Robb, 287 Flower Street, Costa Mesa, complained that CATIONS the City is not watering the grass at the temporary bark park, Bark Park located at TeWinkle Park, and, maintained that the City's Park and Recreation telephone number had been disconnected when she attempted to report the problem. West Side Costa Janice Davidson, 1982 Arnold Avenue, Costa Mesa, indicated Mesa Supermarket that she had contacted several large supermarkets to ascertain their interest in locating on the west side of Costa Mesa. She reported that they require at least 10 acres of land, and showed visuals of suitable, property at the northeast corner of 19th Street and Placentia Avenue; the 'northwest corner of 19th Street and Pomona Avenue, the southeast corner of 191h Street and Placentia Avenue, the southeast corner of 19th Street and Pomona Avenue, and the southeast corner of 18th Street and Placentia Avenue. Graffiti Removal Campbell Davidson, 1982 Arnold Avenue, Costa Mesa, commended the City for the speedy removal of graffiti. Small -Lot Sub- Referring to the small -lot subdivision issue, he asked why this divisions decision was to be made by the Planning Commission. Mayor Monahan responded that the City Council will make the final decision on this issue, explaining that the Planning Commission will make a recommendation to Council. 19th Street Bridge Robert Graham, 3260 Dakota Avenue, Costa Mesa, complimented the past Council who authorized the widening of Victoria Street. He urged Council to consider the future of Costa Mesa in relation to building a 19" Street bridge into Huntington Beach which, he maintains, could be of great benefit. West Side Costa Martin Millard, 2973 Harbor Boulevard, Costa Mesa, Mesa commented that he contacted supermarkets and developers relating to improving the west side of Costa Mesa, and noted that their responses indicated that a redevelopment zone was required and the demographics of the area needed to be improved. He observed that Costa Mesa is being degraded by new people drawn to the City because of the charity available, such as subsidized rent, free food and medicine, etc. Council Member Somers asked Mr. Millard for documentation on the number of illegal aliens that he allege's live in Costa Mesa. Bunney Comments Paul Bunney, 984 Linden Place, Costa Mesa, disagreed with the Mayor's comments at the meeting of June 19, 2000, when he objected to an announcement by a speaker during Oral Communications regarding the formation of a new citizen's group. He commented on the extent of the graffiti in the City, addressed the shopping cart issue, and noted his support of the moratorium on small -lot subdivisions. Mayor Monahan suggested that Mr. Bunney contact the Neighborhood Improvement .Manager and the Planning Division regarding his inquiry about the amount of housing the City is required to provide citizens. Mayor Pro Tem Cowan reported her association with the - Southern California Association of Government Regional Council, stating that the Regional Housing Needs Assessment numbers are based upon the City's General Plan, housing element, and zoning, and can be adjusted. Fireworks Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Mesa, listed Costa Mesa as one of the five cities in the County, along with Buena Park, Garden Grove, Santa Ana, and Stanton, that allow the sale of fireworks. She encouraged local groups to determine other ways to raise funds, and noted her objections to the use of fireworks. CONSENT The following item was removed from the Consent Calendar: CALENDAR Item No. 5, First amendment to Agreement No. C97-472 with the Orange County Transportation Authority, the California Department of Transportation, and the City of Newport Beach. MOTION/Approved On motion by Council Member Erickson, seconded by Council Except Item No. 5 Member Somers, and carried, 5-0, the remaining Consent Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claim Claim received by the Deputy City Clerlc: Nathan Jones. Public Utilities Notice that Southern California Gas Company filed Commission Application No. 00-06-023 .with the California Public Utilities Commission requesting approval to recover in rates sharehold incentives of $9,759,744.00 earned under the Gas Cost Incentive Mechanism Program. Notice that San Diego Gas & Electric Company and Southern California Gas Company have filed Application No. A-00-06 with the California Public 'Utilities Commission requesting approval of a gas tariff which caps rates for small customers (using less than 3 million therms per year) (U902 -G and U- 904 -G) . WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1803, funding City operating expenses 1803 for $945,472.83. Approved Warrant Warrant Resolution 1804, funding Payroll 013 for 1804/Payroll 013 $1,588,159.50, and City operating expenses for $836,562.22, including payroll deductions. ADMINISTRATIVE An amendment was approved extending the agreement with ACTIONS/Tatsumi Tatsumi and Partners; 20250 Acacia Street, Suite 230, Newport Agreement Beach, to September 30, 2000, to complete design of the Extended for TeWinkle Park Softball/Basebal,l Complex, for an additional fee TeWinkle Park; of $7,420.00, the Mayor and Deputy City Cleric were authorized Approved to sign on behalf of the City, and Budget Adjustment No. 01-02, Adjustment No. for $7,4201.00, was approved. 01-02 Approved Amend- Amendment No. 1 was approved to the agreement with ment to Agreement BonTerra Consulting, 151 Kalmus Drive, Suite E-200, Costa with BonTerra and Mesa, and C: J. Segerstrom & Sons, 3315 Fairview Road, Segerstrom for Costa Mesa, for $54,900.25, for the Home Ranch Home Ranch E.I.R. Environmental Impact Report, and the Mayor and Deputy City Cleric were authorized to sign on behalf of the City. Approved Agree- An agreement was approved with Michael Balliet, 26351 ment with Balliet Tarrasa Lane, Mission, Viejo, for $28,940.00, for administration for SRRE; of the City's Source ,'Reduction and Recycling Element (SRRE), Authorized from July 1, 2000', to June, 30, 2001, the Mayor was Extension of Con- authorized to sign on. behalf of the City, and the Public Services tract Director was authorized to extend the contract on July 1 of each fiscal year, up to' a maximum of five years. Approved Building The following Building Division: annual contracts were approved Division Contracts for construction plan check and contract employee services on with Melad and an "as needed" basis, for an aggregate amount of $25,000.00, Fazekas and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City: 1 1 1 Agreement with Melad and Associates, 8907 Warner Avenue, Suite 161, Huntington Beach. Agreement with Scott Fazekas & Associates, Inc., 15583 Harrow Lane, Poway. First Amendment Item 5 on the Consent Calendar was presented: First to Agreement No. amendment to Agreement No. C97-472 with the Orange County C97-472, OCTA/ Transportation Authority (OCTA), the California Department of CALTRANS/City of Transportation (CALTRANS), and the City of Newport Beach, Newport Beach for the Interstate 1-405/State Route 73 Confluence Improvement Project.. The Public Services Director corrected the title of this item as listed on the agenda, deleting CALTRANS, and adding the Transportation Corridor Agencies (TCA). On motion by MOTION/Approved Council Member Erickson, seconded by Council Member Dixon, Amendment and carried 5-0, ,the amendment to the agreement was approved, and tho "Public Services Director was authorized to sign on behalf of the City. PUBLIC HEARING The Deputy City Clerk announced that this was the time and GP -99-06, SP -99- place set for the public hearing to consider the applications from 02, and PA -99-41, Phillip Schwartze, agent for McCarthy Cook & Company/Edward McCarthy Cook, Cook III and David Padrutt, agent for Experian Information Experian "Solutions, for property located at 443 through 595 Anton Boulevard in a PDC zone: General Plan Amendment GP -99-06 and North Costa Mesa Specific Plan Amendment SP -99-02, to increase the floor area ratio to 0.79. Planning Application PA -99-41, to amend PA -98-77 to increase a previously approved hotel from 200 to 300 rooms. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Planning and Redevelopment Manager summarized the Agenda Report dated June 20, 2000. He responded to questions from Council. MOTION/Adopted A motion was made by Mayor Pro Tem Cowan, seconded by Resolution 00-57 Council Member Erickson, and carried 4-1, Council Member Adopting GP -99-06 Somers voting no, to adopt the mitigated Negative Declaration, and SP -99-02; to adopt Resolution 00-57: A RESOLUTION OF THE CITY PA -99-41 Con- COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, tinued to August 7, ADOPTING GENERAL PLAN AMENDMENT GP -99-06 AND 2000 NORTH COSTA MESA SPECIFIC PLAN AMENDMENT SP -99-02 TO CREATE A SITE-SPECIFIC FLOOR AREA RATIO OF 0.79 IN THE URBAN CENTER COMMERCIAL LAND USE DESIGNATION FOR SOUTH COAST METRO CENTER, and to continue Planning Application .PA -99-41 to the meeting of August 7, 2000, Council Member Somers opposed the motion, stating that sufficient information had not been obtained regarding the potential amount of traffic generated. Council Member Dixon observed that the South Coast Metro area is unique, and Council should consider the mixture, including housing, shopping, eateries, culture, and businesses. 1' k _ 10 PUBLIC HEARING The Deputy City Clerk announced that this was the time and Vacation of Excess place set for the public hearing to consider a resolution ordering Right -of -Way on the vacation of excess right-of-way on Orange Avenue north of Orange Avenue East 17th Street. The Affidavit of Publication is on file in the City Clerk's office. The property was posted as required by law. No communications were received. The Public. Services Director reviewed the Agenda Report dated June 26, 2000. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Council Member Erickson, seconded by Mayor Resolution 00-58 Pro Tem Cowan, and carried 5-0, Resolution 00-58 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING :THE VACATION OF EXCESS RIGHT-OF-WAY ON ORANGE AVENUE NORTH OF EAST 17T" STREET, and the Mayor and Deputy City Clerk were authorized to execute Quitclaim Deed No. 3435. PUBLIC HEARING The Deputy City Clerk announced that this was the time and BIA 2000-2001 place set for the public hearing to consider a resolution levying Annual Assessment an annual assessment for fiscal year 2000-2001 for a Business Improvement Area covering :certain. Costa Mesa hotels and motels. The Affidavit of Publication is on file in the City Clerk's office: No communications were received. The Assistant to the City Manager summarized the Agenda Report dated June 19, 2000. She suggested a clarification in the motion: Separate the business improvement assessment on the hotel bill by listing it separately from the transient occupancy tax. Robert Graham, 3260 Dakota ;Avenue, Costa Mesa, commented on the 19' Street bridge, relating it to Costa Mesa hotels. Council Member Dixon suggested that Mr. Graham meet with the Costa Mesa Conference and Visitor Bureau to ascertain if they have an interest .in funding a 19th Street bridge study. She indicated that she would support a pedestrian/bicycle bridge on the west side. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Mayor Pro Tem Cowan, seconded by Council Resolution 00-59 Member Somers, and carried 5-0, Resolution 00-59 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2000-01 FOR A BUSINESS IMPROVEMENT AREA COVERING CERTAIN COSTA MESA HOTELS AND MOTELS, stipulating that the participating hotels designate the "Business Improvement Assessment" as a separate. line item from the Transient Occupancy Tax on their bills. OLD BUSINESS The Deputy City Clerk presented from the meeting of June 19, Property Mainte- 2000, second reading and adoption of Ordinance 00-11, nance regarding property maintenance. In regard to the question regarding kennels as addressed by Council Member Somers, the Development Services Director replied that a kennel would be in violation of the zoning code, and the dumping of animal waste into the sewer, storm drain, curb, or gutter,, would be in violation of the property maintenance ordinance. Council Member Somers asked that she be supplied with the code; sections referring to this matter. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Ordinance 00-11 Member Somers, and carried 5-0, Ordinance 00-11 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLES 8, 11, AND 13 AND ADDING TITLE 20 TO THE COSTA MESA MUNICIPAL CODE REGARDING PROPERTY MAINTENANCE. OLD BUSINESS The Deputy City Clerk presented the following: Request for Rehear - Ing of DR -00-05, Request from Jim Cefalia, 1649 Bayside Drive, Newport Cefalia/Request Beach, for rehearing of the City Council's June 5, 2000, for Rehearing of decision denying Development Review DR -00-05 and Vesting DR -00-12, Cefalia Tentative Map VT15991, for property at 2087 Garden Lane. Request from Joseph Cefalia, 818 West Balboa Boulevard, Newport Beach, for rehearing of the City Council's June 5, 2000, decision denying Development Review DR -00-12, for property at 215 and 219 East 16`h Street. The Deputy City Clerk announced that a communication had been received from Roger A. Grable, Paone, Callahan, McHolm, and Winton, 19100 Von Karman Avenue, Eighth Floor, Irvine, the attorney for both applicants, requesting a continuance for two weeks. MOTION/Continued A motion was made by Council Member Somers, seconded by to July 17, 2000 Council Member Dixon, and carried 5-0, to continue the above items to the meeting of July 17, 2000. NEW BUSINESS The Deputy City Clerk presented an ordinance amending Civil Citations and Chapter II of Title 1 of the Costa Mesa Municipal Code Fines regarding procedures for civil citations and civil fines for violations; and a resolution amending the civil fines and penalties pursuant to Section 1-40 of the Costa Mesa Municipal Code. The City Attorney summarized the Agenda Report dated June 23, 2000. Council Member Dixon asked what types of violations would warrant a civil citation for a 14- or 15 -year-old, and the City Attorney responded that graffiti was an example. She suggested community service in lieu of a fine in order to teach the children respect for other person's property. MOTION/Ordinance A motion was made by Council Member Somers, seconded by 00-12 Given First Council Member Erickson, and carried 4-1, Mayor Monahan Reading; Adopted voting no, to take the following action: Resolution 00-60 Ordinance 00-12 was given first reading and passed to second reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER II TO TITLE 1 OF THE COSTA MESA MUNICIPAL CODE REGARDING PROCEDURES FOR CIVIL CITATIONS AND CIVIL FINES FOR VIOLATIONS. Second reading and adoption are scheduled for the meeting of July 17, 2000. Resolution 00-60 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE CIVIL FINES AND PENALTIES PURSUANT TO,'SECTION 1-40 OF THE COSTA MESA MUNICIPAL CODE. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Sections 54957.6 and 54956.9(c) to discuss for Closed Session: negotiations with the Costa :Mesa Firefighters Association; and Firefighters Asso- initiating litigation. Mayor Monahan announcedl that closed ciation; Litigation session would be held at the :conclusion of regular business. COUNCIL Council Member. Somers thanked those who attended the COMMENTS opening of the Costa Mesa Soccer Farm Sports Complex Soccer Complex dedication ceremony on July 1, 2000, at 3:00 p.m. She Dedication reported thata barbecue was held, and a country western band performed, launching the new "Concert in the Park" series. Skateboard Park Council Member Erickson reported that, he, along with the City Manager, the Administrative Services Director, and the Public Services Director, attended the June 22, 2000, meeting for the City's Charle/Hamilton Street's skateboard park. He approved of the proposed plan, and mentioned that Council will review the item in September, 2000. Council Member Erickson stated that at a recent Save Our Youth meeting, he understood that the Newport -Mesa Unified School District may demolish the existing building at Rea School, to be replaced by a modular adult school. He stated that he and Council Member Dixon will be attending the City/School Liaison Committee meeting in early August, and will suggest that the City be involved in the planning. He urged the School District to be open to the needs of the neighbors. Bark Park Mayor Pro Tem Cowan commented that she hoped that the City is regularly watering the Bark Paek grass and conducting regular maintenance functions. She agreed . with Council Member Somers that the ' new soccer complex is exciting, and announced that the, concert series is scheduled for July 11, 18, and 27, 2000. Mayor Monahan wished Council Member Erickson a happy birthday. ADJOURNMENT -At 7:45 p.m., the Mayor adjourned the meeting to a closed TO session in first floor Confere'ncel' Room A to discuss the items CLOSED SESSION previously announced by the City Attorney. MEETING The Mayor reconvened the, meeting at 8:30 p.m., and the RECONVENED action taken during closed session was announced. Firefighters/No Regarding negotiations with the . Costa Mesa Firefighters Action Association, no action was taken: MOTION/Approved Regarding the possibility of initiating litigation, by a vote of 5-0, Recommendation in Council approved the action recommended in the City Litigation Attorney's confidential memorandum dated June 30, 2000. 1 1 1 1 1 ADJOURNMENT The Mayor declared the meeting adjourned at 8:35 p.m. ( ' i Mayor of th/e Ci y of Costa Mesa G'. ATTEST: 21,�� 1 - � , Deputy City Jerk of the City of Costa Mesa 5