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HomeMy WebLinkAbout11/06/2000 - City Council1 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA NOVEMBER 6, 2000 The City Council of the City of Costa Mesa, California, met in regular session November 6, 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 the Reverend Rick McCullough, Newport Mesa Christian Center. 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: Officials Present: None City Manager Allan Roeder City Attorney Jerry Scheer Development Services Director Donald Lamm Public Services Director William Morris Finance Director Marc Puckett Acting Budget & Research Officer Jim Miller Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council October 16, 2000 Member Somers, and carried 5-0, the minutes of the regular meeting of October 16, 2000, were approved as distributed. ORDINANCES 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. NEIGHBORHOOD Mayor Monahan commended the following residents for holding WATCH MEETINGS Neighborhood Watch Meetings in October, 2000: Yvette Erskine, who was in attendance, Baker Street, October 11; and Thelma Kimball, Beach Street, October 25. ORAL COMMUNI- Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, Director CATIONS of the Orange County American Medical Marijuana Association, Medical Marijuana marked the 4 -year anniversary of Proposition 215, the "compassionate use act" which allows sick and dying persons the right to obtain and use marijuana for medical purposes. He indicated that the law is not enforced anywhere in the state, and advised that he has contacted the Costa Mesa Police Department regarding its policy on this issue. He urged the City to recognize policies which are in compliance with the law. Mira Ingram, 647 Shalimar Drive, Costa Mesa, supported the use of medicinal marijuana for the sick and dying. She asked that guidelines be implemented to protect those who require the drug to alleviate suffering. Handicap Access, Campbell Davidson, 1982 Arnold Avenue, Costa Mesa, addressed Seal Street and a previously reported handicap access problem at Seal Street and Meyer Place Meyer Place, and reported that:the work has not been completed to date. The Public Services Director was directed to review the matter and report to Mr. Davidson. Code Enforcement Janice Davidson, 1982 Arnold ,Avenue, Costa Mesa, reported a Issue code enforcement situation involving a resident who was issued a civil citation and charged a $75.00 fine. She felt that the gentleman was attempting to put forth his best effort, and indicated that 10 days is not enough time to resolve the matter. Mayor Monahan replied that the incident has been referred to the City's Building Official, and stated thathe would determine the status and contact Mrs. Davidson. The City Manager advised that there is an appeal process which may, ' be used under extenuating circumstances. Mesa North "Slums" Martin Millard, 2973 Harbor Boulevard, Costa Mesa, registered his disgust with the "slums" in the Mesa North area of the City, and objected to the "cavalier" attitude of the City. He noted an increase in Costa Mesa violent crimes, and reported that residents in Mesa North have hired a guard company to patrol the area. Mr. Millard complained about the quality of (Costa Mesa schools, and reported that the City has the highest number of social organizations (charities) in Orange County. John Wayne/EI Toro Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, stated Airport Issues that decisions regarding John: Wayne Airport and the EI Toro Marine Corps Air Station are imperative to this area. He supported candidates with a strong background in fighting for the use of EI Toro and who are focused on the realities of the effects on Costa Mesa of the potential expansion of John Wayne Airport. He provided his website www.ocxeltoro.com on which he will present a nonbiased approach to the issues. Council Member Dixon reported that all members of the Council support curfews at John Wayne Airport, restriction of the number of flights, and no expansion. East 17th Street Dan Perlmutter, 450 Newport' Center Drive, Newport Beach, Widening member of the East 17th Street Merchants and Community Association, reported that over 10,000 signatures have been obtained on petitions opposed to the widening of East 17th Street. He shared the vision of a 17th (Street "village" with beautification, art, cafes, sidewalks filled with people, and a proud community and proud business people. Mr. Perlmutter proposed approaching the Orange County Transportation Authority with the plans in order to request partial funding. Newport Beach Robert Hanley, 1601 Indus Street, Santa Ana Heights, provided an Annexation update on his community's efforts regarding annexation to Newport Beach. He indicated that the results have been fairly positive with a few roadblocks, such as a written release from Costa Mesa which would facilitate the interface with the Local Agency Formation Commission. Mr. Hanley supported the expansion of EI Toro Airport. Council Candidates Doug Sutton, 2739 Canary Drive, Costa Mesa, referred to an unsigned, written attack on one ,of the candidates for City Council, stating that members deserve to; be addressed and challenged with respect. He urged everyone to vote for candidates who have demonstrated commitment to service within the community. CM 5 Property Mainte- Rory Hughes, 2013 Republic Avenue, Costa Mesa, addressed the nance Ordinance/ City's property maintenance ordinance, specifically disallowing the Protection of Ocean use of blue canvas covers on recreational vehicles. He reported Views that his boat, located on a trailer on his property, is covered by a $3,500.00 blue cover, and asked if the cover will need to be replaced. He suggested that Council consider enacting codes to protect resident views of the ocean. Future Campaigning Dan Worthington, 2963 Mindanao Drive, Costa Mesa, suggested that Council place on a study session agenda, campaign procedures and the sign ordinance, noting his intent to "level the playing field" to allow as many qualified people to run for office as possible. He proposed using City libraries as an additional location to advertise their candidacies. CONSENT CALENDAR MOTION/Approved READING FOLDER On motion by Council Member Member Dixon, and carried 5-0, approved as recommended. Erickson, seconded by Council all Consent Calendar items were The following reading folder items were received and processed: Claims Claims received by the Deputy City Clerk: P. Ellis; Arthur and Veronica Carmona; Jereme Durkin; Robynn Durkin; Ariel Martin Gavilan; Joseph McManmon; Thomas R. Morris, Sr.; Margaret E. Petroff; and Richard Lloyd Taylor. Alcoholic Beverage Alcoholic Beverage Control (ABC) License requests: Licenses Chipotle Mexican Grill, 2300 Harbor Boulevard, No. L1, for a person-to-person transfer of a Type 47 ABC license (on -sale general for a bona fide eating place). Don Juan More Time, 1033 EI Camino Drive, for a person-to- person transfer of a Type 42 ABC license (on -sale beer and wine, public premise). Public Utilities Notice from Pacific Bell advising that it has filed an application with Commission the California Public Utilities Commission to propose pricing flexibility and price increases for business access lines, PBX trunks, and DID trunks. SET FOR PUBLIC Resolution 00-81 was adopted: A RESOLUTION OF THE CITY HEARING/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 00-81, DECLARING ITS INTENTION TO ORDER THE VACATION OF Setting Hearing on EXCESS RIGHT-OF-WAY AT 1680 TUSTIN AVENUE, December 4, 2000 SOUTHWESTERLY OF EAST 17TH STREET, SETTING A for Vacation on PUBLIC HEARING ON December 4, 2000, at 6:30 p.m., in the Tustin Avenue Council Chambers of City Hall. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1820, funding Payroll 021 for 1820/Payroll 021 $1,636,527.79, and City operating expenses for $515,059.16, including payroll deductions. Approved Warrant Warrant Resolution 1821, funding City operating expenses for 1821 $580,327.17. Approved Warrant Warrant Resolution 1822, funding Payroll 022 for 1822/Payroll 022 $1,655,987.76, and City operating expenses for $697,191.98, including payroll deductions. ADMINISTRATIVE Bids received for Bid Item No. 1054, Five New Kawasaki ACTIONS/Awarded Motorcycles, and trade-in of three used Kawasaki Motorcycles, are Bid Item 1054, in file on the City Clerk's office. The contract was awarded to Motorcycles, to Burbank Kawasaki, 1329 Hollywood Way, Burbank, for a total net Burbank Kawasaki cost of $37,320.90. Awarded Seismic Bids received for Seismic Retrofit of City Hall and the Corporation Retrofit of City Hall Yard (base bid only, eliminating the Police Facility), Project No. 00 - and Corp Yard, 14, are on file in the City Clerk's office. The contract was awarded Project No. 00-14, to Anderson/White, 229 South Raymond Avenue, Alhambra, for to Anderson/White $2,800,000.00, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Agree- An agreement was approved with Analytical Planning Services, ment with Analytical Inc., 15707 Rockfield, Suite 225,, Irvine, for $271,876.00, to provide Planning Services construction management services for the seismic retrofit, and the for Seismic Retrofit Mayor and Deputy City Clerk were authorized to sign on behalf of Services the City. Approved Agree- An agreement was approved with Ware & Malcomb Architects, ment with Ware & Inc., 18111 Von Karman Avenue, Suite 600, Irvine, for Malcomb for $100,500.00, to provide architectural and engineering services for Seismic Retrofit the seismic retrofit, and the Mayor and Deputy City Clerk were Services authorized to sign on behalf of the. City. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Bristol Street set for the public hearing to consider the Bristol Street Annexation Annexation located within the sphere of influence of the City of Costa Mesa, located on the corner of Newport Boulevard and Bristol Street and the corner of Santa Ana Avenue and Bristol Street. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Development Services Director reviewed the Agenda Report dated October 23, 2000. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Council Member Erickson, seconded by Mayor Pro Resolution 00-82 Tem Cowan, and carried 5-0, Resolution 00-82 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE ANNEXATION OF TERRITORY DESIGNATED AS "BRISTOL ANNEXATION TO THE CITY OF COSTA MESA" (CA -21). OLD BUSINESS The Deputy City Clerk presented from the meeting of October 16, West Side Specific 2000, West Side Specific Plan public review alternatives and Plan adoption schedule. The Development Services Director summarized the Agenda Report dated October 23, 2000, proposing that the retention of a trained public participation facilitator would allow the City to identify areas of common agreement and conflict within local community interest groups and associations and move toward consensus regarding the final recommendations of the plan. Martin Millard, 2973 Harbor Boulevard, Costa Mesa, stated that he had attended every meeting on the West Side Specific Plan, reporting that the consensus of opinion indicated that most residents wanted the City to replicate Newport Beach. He observed that the final report suggested that the area should resemble Huntington Park. Mr. Millard suggested that the City Manager assume the position ofthe facilitator. 1 f] 1 235 Tom Egan, 1893 Parkview Circle, Costa Mesa, listed two fatal flaws in the plan, specifically it is not grounded on a current, comprehensive plan for the City; and it does not have a solid political base. He recommended placing a moratorium on the plan in order to rethink the entire process and to decide if a specific plan is required. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, opined that the plan is not designed to revitalize the west side. She indicated that development of a shopping center is not necessary in the area. Cathy Waters, 1925 Wallace Avenue, Apt. A, Costa Mesa, President of the Wallace Avenue Improvement Group, encouraged Council to ensure that all meetings regarding the plan are open to the public. Jose Cabanillas, 1062 Winward Lane, Costa Mesa, member of the West Side Improvement Association Steering Committee, addressed scheduling and timelines, noting that several items in the plan are inconsistent with previous City planning actions, and other items should be considered by the public. He indicated that the plan does not consider the means to resolve incompatible mixed use, and noted that a one -mile stretch on 19th Street between Harbor Boulevard and Monrovia Avenue has 26 establishments which sell liquor. Eleanor Egan, 1893 Parkview Circle, Costa Mesa, speaking for herself and the West Side Improvement Association, commented that the plan fails to adequately address serious problems which erode quality of life on the west side. She reported that the West Side Improvement Association is working to establish an informal dialog among parties involved in planning the future of the west side. She suggested postponing a decision until the meeting of February 5, 2000. Costa Mesa, agreed that the community should consider the issues in an open forum, rather than utilizing a facilitator, and expressed concern regarding the expenditure of funds to hire this person. She indicated that Council should interact with the community to determine a plan. Robert Graham, 3260 Dakota Avenue, Costa Mesa, stated that the 19th Street bridge was not considered in the plan, and asked if this option would be explored. He provided photographs of the area, and stated that commercial development is the key to redevelopment of the west side. Council Member Somers responded that the Santa Ana River Crossing is being investigated under the SARX Study. She reiterated .that land use dictates traffic. Mayor Pro Tem Cowan supported community meetings but encouraged the use of a facilitator who is a neutral third party. Council Member Somers concurred with the Mayor Pro Tem regarding use of an outside facilitator. Council Member Dixon encouraged Council to consider the long-term vision of the City and not piecemeal the west side. She noted her discomfort with proceeding. MOTION/Gave A motion was made by Council Member Dixon, seconded by Direction on Long- Mayor Pro Tem Cowan, to meet as a new Council, start working on Term Vision a long-term vision for the City of Costa Mesa which addresses issues that come up, not only on the West Side Specific Plan, but regarding some of the issues that Mr. Cambanillas and Mr. Egan have brought up this evening, and that Council literally start from scratch. Council Member Erickson noted that time, effort, and public funds have been expended on the West Side Specific Plan, and hoped that elements of it will be used. Council Member Dixon replied that her intent was to use the current plan as a referral. Mayor Pro Tem Cowan asked that Council' step back, look at a vision for the City, and add to the motion that the West Side Specific Plan as developed by EIP Associates, be used as a resource when envisioning portions of the entire City. The maker of the motion concurred with the addition. The motion carried 4-1, Mayor Monahan voting no. Council Member Erickson related his hope that Council will provide a schedule for action on the plan. Council Member Somers suggested maintaining a portion of the draft calendar and incorporating ideas regarding visions for the City. The City Manager commented'Ahat efforts have been initiated to bring in qualified parties to work with Council to develop a vision for the City. OLD BUSINESS The Deputy City Clerk presented from the meeting of August 7, Canyon Park Trees 2000, Coastal Commission response to staff's request to remove and/or trim eucalyptus trees in Canyon Park. The Public Services Director reviewed the Agenda Report dated October 24, 2000, and responded to questions from Council. The resident at 2039 Republic Avenue, Costa Mesa, thanked Council for examining this issue. He acknowledged that there is substantial cost involved for trimming the trees but pointed out that the park is used by more than just the adjacent neighbors. He commented that the City does not have a budget for Canyon Park. Rory Hughes, 2013 Republic Avenue, Costa Mesa, reported on various eucalyptus trees throughout the City which had been trimmed, including 20 in front of the City's Corporation Yard on Placentia Avenue. He complained about the manner in which this issue was handled with the Coastal Commission. Mr. Hughes reported that the trees are ruining the views of over 80 properties which could be worth $500,000.00 or more. Tom Egan, 1893 Parkview Circle, Costa Mesa, felt that permission from the Coastal Commission was not necessary in order to trim the trees. Glen Davidson, 2009 Republic Avenue, Costa Mesa, noted that his property borders on Canyon Park, and reported that a large ash tree in his front yard 150 feet from the park had recently been severely trimmed by the City. He asked why the Coastal Commission had not been consulted in this instance. Jim Keller, 2033 Republic Avenue, Costa Mesa, thanked Council for their consideration in this matter, stating that a permanent tree - growth management program in Canyon Park would be desirable. He stated that the eucalyptus treses are the main concern but asked that all of the trees be maintained. MOTION/Gave A motion was made by Mayor Pro Tem Cowan, seconded by Directions to Staff Mayor Monahan, and carried 5-0, directing staff to hire a consultant 1 237 to work with the Coastal Commission; to wait three months for an answer from that organization; to bring the plan back within three months for formal adoption, including previous comments; and after the three-month period, proceed with removing the offending trees and replacing them per adopted guidelines. The City Manager stated that there are a limited number of consultants who routinely work with the Coastal Commission, and the circumstances in gaining permission from the Commission is not unusual. He assured previous speakers that the Commission definitely has authority in this area, and noting that a permit was also required when the park was developed. OLD BUSINESS The Deputy City Clerk presented from the meeting of October 16, 1999 Monitoring 2000, 1999, Development Phasing and Performance Monitoring Program Program. The Development Services Director summarized the Agenda Report dated October 30, 2000. MOTION/Received On motion by Mayor Pro Tem Cowan, seconded by Council and Filed Member Somers, and carried 5-0, the report was received and filed. NEW BUSINESS The Deputy City Clerk presented from the meeting of October 16, Committee Appoint- 2000, appointments to the following committees: Building, ments Housing, and Fire Codes Board of Appeals; Advisory Committee of Teens (ACT); Child Care and Youth Services Committee; and .Human Relations Committee: decide whether to combine the Access Appeals Board with the Building, Housing, and Fire Codes Board of Appeals; and determine whether to reduce the number of members on the Child Care and Youth Services Committee, or to modify the status of the committee The City Manager reviewed the Agenda Report dated October 17, 2000. MOTION/Boards A motion was made by Mayor Pro Tem Cowan, seconded by Combined Council Member Somers, and carried 5-0, to combine the Access Appeals Board with the Building, Housing, and Fire Codes Board of Appeals, consisting of the present members, which will increase the new board to a membership of eight with two alternates. MOTION A motion was made by Mayor Pro Tem Cowan, seconded by Reappointed Tangen Council Member Somers, and carried 5-0, to reappoint Heather to ACT Committee Tangen to the Advisory, Committee of Teens (ACT) for a two-year term expiring October., 2002. MOTION/Appointed A motion was made by Council Member Erickson, seconded by Scribner to Child Council Member Somers, and carried 5-0, to appoint Doug Care Committee Scribner to the Child Care and Youth Services Committee for a two-year term expiring October, 2002, and to reduce the membership of the committee to seven members with two alternates. MOTION/Appointed A motion was made by Council Member Dixon, seconded by Afrasiabi and Saryan Council Member Somers, and carried 5-0, to appoint Peter to Human Relations Afrasiabi and Bonnie Saryan to the Human Relations Committee Committee for a two-year term expiring October, 2002. MOTION/Appointed A motion was made by Council Member Somers, seconded by Fisler and Makin to Mayor Pro Tem Cowan, and carried 5-0, to appoint James Fisler 3R Committee and Matthew Makin to the Redevelopment & Residential Rehabilitation (3R) Committee, for two-year terms expiring October, 2002, and reaffirming Timothy Cromwell and John Rule as alternates. NEW BUSINESS The Deputy City Clerk presented from the meeting of October 16, Waste Hauling 2000, an ordinance amending Title 8 of the Costa Mesa Municipal Services Code to establish minimum service requirements for multi -family residential housing waste hauling services. The Public Services Director summarized the Agenda Report dated October 30, 2000, and responded to questions from Council. Dan Worthington, 2963 Mindanao Drive, Costa Mesa, congratulated staff and Council for correcting this problem. He proposed choosing a new type of bin for the next step, possibly obtaining bins which are user-friendly to multiple dwellings. Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, indicated that this "blanket" policy will affect all multi -family properties, and proposed targeting those who cause the problem. Mr. Scribner acknowledged that the fiscal impact on the City is zero but questioned the fiscal impact on residents. Eleanor Egan, 1893 Parkview Circle, Costa Mesa, thanked Council for this action. MOTION/Ordinance On motion by Council Member Dixon, seconded by Council 00-17 Given First Member Erickson, and carried 5-0, Ordinance 00-17 was given first Reading reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 8 OF THE COSTA MESA MUNICIPAL CODE TO ESTABLISH MINIMUM SERVICE REQUIREMENTS FOR WASTE HAULING SERVICE FOR MULTI -FAMILY RESIDENTIAL HOUSING. Second reading and adoption are scheduled for the meeting of November 20, 2000. NEW BUSINESS The Deputy City Clerk presented from the meeting of October 16, 2000-2001 First 2000, first quarter Community Objectives for fiscal year 2000-2001. Quarter Community The Finance Director introduced the Acting Budget and Research Objectives Officer who reviewed the Agenda Report dated October 31, 2000. Tom Egan, 1893 Parkview Circle, Costa Mesa, referring to Community Objective 01-E1, Complete a long-term "vision" statement and plan for the City,, Page 86 of the Agenda Report, noted the importance of including the community in the process. He addressed Objective 01-E5; Consider the re-creation of a bi- monthly or quarterly newsletter that is sent to the citizens, Page 89, suggesting that the internet be utilized to distribute the newsletter. Robert Graham, 3260 Dakota Avenue, Costa Mesa, commented on Objective 98-134, Complete the SARX Study, Page 12, asking why the City will be, "working with all other involved agencies with the goal of deleting master -planned bridges over the Santa Ana River at Gisler and 19th Streets," when a study has never been conducted on this issue. MOTION/Approved A motion was made by Mayor Pro Tem Cowan, seconded by Objectives Council Member Somers, and carried 5-0, to approve the 2000- 2001 Community Objectives first quarter report, and approve the staff recommendation to remove Items 00-1A, 00-A2, 98-135, 99- C1. 99-C3, and 00-C6 from the current list. NEW BUSINESS The Deputy City Clerk presented an ordinance pertaining to the Conflict of Interest conflict of interest code. The.City Attorney reviewed the Agenda Code Report dated October 12, 2000. MOTION/Ordinance On motion by Mayor Pro Tem Cowan, seconded by Council 00-18 Given First Member Somers, and carried 5-0, Ordinance 00-18 was given first Reading reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER X OF TITLE 2 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO THE CONFLICT OF INTEREST CODE. Second reading and adoption are scheduled for the meeting of November 20, 2000. Council Members Somers, Erickson, and Cowan thanked those who attended the tree planting. Council Member Erickson, supported the Community Objectives process to accomplished the City's goals. Mayor Pro Tem Cowan concurred with Council Member Erickson. ADJOURNMENT The Mayor declared the meeting adjourned at 8:45 p.m. ®r_�� (J yor of e ity of Costa Mesa ATTEST: T. Deputy Cit lerk of the City of Costa Mesa F NEW BUSINESS Releaf Costa Mesa The Deputy City Clerk presented a request from Releaf Costa Mesa to install a plaque at Fairview Park to commemorate planting 2'000th Tree of its 2'000th tree; and a variance from Council Policy No. 800-4 relating to mounting of the plaque and the plaque inscription. The Public Services Director summarized the Agenda Report dated October 27, 2000. MOTION/Approved On motion by Council Member Somers, seconded by, Mayor Pro Requests Tem Cowan, and carried 5-0, the requests to install the plaque and the variance were approved. COUNCIL Council Member Dixon thanked those who attended the ReLeaf COMMENTS Costa Mesa planting of the 2'000th tree. She announced that the 2000th Tree/Film Human Relations Committee's film on diversity was postponed and on Diversity/Tree will be rescheduled for some time after the first of the year. She Trimming asked the Public Services Director to contact the City's tree trimmers regarding the earlier report on a poorly trimmed tree. Council Members Somers, Erickson, and Cowan thanked those who attended the tree planting. Council Member Erickson, supported the Community Objectives process to accomplished the City's goals. Mayor Pro Tem Cowan concurred with Council Member Erickson. ADJOURNMENT The Mayor declared the meeting adjourned at 8:45 p.m. ®r_�� (J yor of e ity of Costa Mesa ATTEST: T. Deputy Cit lerk of the City of Costa Mesa F