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HomeMy WebLinkAbout06/17/2002 - City Council1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE -17, 2002 The City Council of the City of Costa Mesa, California, met in regular session June 17, 2002, 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 Cowan, and invocation by Pastor William Hemenway, Christ Lutheran Church. ROLL CALL Council Members Present: Mayor Linda Dixon Mayor Pro Tem Monahan Council Member Libby Cowan Council Member Karen Robinson Council Member Chris Steel Council Members Absent Officials Present: None City Manager Allan Roeder City Attorney Jerry Scheer Development Services Director Donald Lamm Public Services Director William Morris Administrative Services Director Steve Hayman Finance Director Mark Puckett Police Chief Dave Snowden Police Captain Tom Warnack Police Lieutenant Les Gogerty Fire Chief Jim Ellis Legislation and Public Affairs Manager Ann Shultz Recreation Manager Stacia Mancini Deputy City Clerk Ruth Delaney MINUTES On motion by Council Member Cowan, seconded by Council June 3, 2002 Member Robinson, and carried 5-0, the minutes of the regular meeting of June 3, 2002, were approved as amended. ORDINANCES AND A motion was made by Council Member Cowan, seconded by RESOLUTIONS Council Member Dixon, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Dixon read a proclamation declaring June 17, 2002, Celine Outstanding Crossing Allen Day, honoring her as Outstanding Crossing Guard of the Guard of the Year Year in the City of Costa Mesa for her devotion to the school Proclamation children for the past 15 years. PUBLIC COMMENTS Doug Sutton, 2739 Canary Drive, Costa Mesa, stated that there Costa Mesa Schools are over 100,000 people living in the City, including 9,000 children who attend Costa Mesa schools. He felt that a longer school day should be implemented for at least half of the children to avoid erosion in the value and potential of Costa Mesa. He asked Council to set aside $500,000.00 a year for the schools, with the balance obtained from the community and businesses. Habitat for Humanity Hildegard Gonzalez, 1932 Pomona Avenue, Apt. A, Costa Mesa, discussed problems with the property at 1925 Pomona Avenue, owned by Habitat for Humanity, stating she has spoken with Mr. Korando and Code Enforcement regarding the trash and litter problems. Mayor Dixon responded that this problem will be investigated. Fireworks The resident at 1896 Parkview Circle, Costa Mesa, would like the Council to ban the private use of fireworks in the City due to the fact that her neighbors shoot off their fireworks directly behind her house, and she would like the area off-limits due to the noise and danger of fireworks. Gangs Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, did not agree with Mr. Sutton regarding setting aside money for schools. He discussed the continued gang problems in his neighborhood, and throughout the City, as well as graffiti, abandoned shopping carts, loitering dayworker's from the Job Center, along with the crime statistics being up, stating that most of the individuals arrested are illegal aliens. Retired City Ernie Feeney, 1154 Dorset Lane, Costa Mesa, asked Council if Employees there are retired City employees who have been hired back as independent contractors. The City Manager stated that there are some employees who have retired and been brought back to work for the City on a part-time basis. Ms. Feeney stated she would like a list from the City Manager of these employees. Orange County Model Robert Donnelly, 2788 Waxwing Circle, Costa Mesa, member of Engineers the Orange County Model Engineers who operate at Fairview Park, stated they have been unable to begin work on Phase III of the track for their model train, which was approved in 1988, and mentioned problems they have had with the Parks Commission. Mayor Dixon asked the Public Services Director to meet with Mr. Donnelly regarding this problem. The Public Services Director replied_ that the City has met with Mr. Donnelly, and reported that the State Fish and Game Department will not permit installation of the previously approved track. He added that the Fairview Park Plan Administrator has been working with the State Fish and Game Officials to solve the problem. Mayor Pro Tem Monahan asked the Public Services Director to provide a written update on this subject to the Council. Council Member Cowan stated she hoped the Model Engineers would not leave the City, asking for their continued patience. She then asked the Public Services Director for further information as to why these problems exist. Harbor Boulevard Craig Stevens, 131 Broadway, Costa Mesa, showed pictures of a Illegal Parking business on Harbor Boulevard who park their vehicles on the sidewalk instead of in the street. Also showing another picture of the empty parking lot located behind the business, asking if the Fireworks Police can look into this. He supported fireworks on the 4th of July since it is a celebration of the birth of the United States of America. Job Center He felt the Job Center is a link to the illegal immigrant problem in the City. Regarding park safety, Mr. Stevens advised parents to Park Safety check the slides and sandboxes since the individual who has been placing glass and tacks in the parks has not been caught. Transition Zone Janice Davidson, 1982 Arnold Avenue, Costa Mesa, agreed with Mr. Millard's comments. She supported removing the businesses in the Transition Zone. She asked Council to look at the property owned by Habitat for Humanity, reiterating the existence of a h• - 3' a trash/litter problem. . Mayor Pro Tem Monahan asked the Development Services Director for the status of the Habitat for Humanity project, and was informed that there is not any information available at this time. Adams Avenue Francine Howard, 2055 Calvert Avenue, Costa Mesa, reviewed her concern about people driving too fast and using Adams Avenue as if it is a freeway, adding that the most accidents occur during the ingress/egress into the Mesa Verde housing tract. Mayor Dixon noted that Chief Snowden and Captain Warnack would review the situation. Gangs John Feeney, 1154 Dorset Lane, Costa Mesa, talked about a "gang stomping" that occurred in his neighborhood, reporting that he and his neighbors have hired private security guards to patrol the neighborhood. He indicated that the guards work closely with the Police Department, and the residents have an active Neighborhood Watch but the gang problems continue. Fairview/Talbert Parks Robert Graham, 3260 Dakota Avenue, Costa Mesa, showed pictures and discussed the lack of signage in Fairview and Talbert Parks. Irvine Avenue Median Heather Somers, 313 Robin Hood Lane, Costa Mesa, requested information regarding the recent vote of approval for funding for maintenance of the Irvine Avenue median between Costa Mesa and Newport Beach. She questioned if discussion regarding the expansion of the Mariner's Library and the need for a new signal at the library intersection has been held with the City of Newport Beach. The Public Services Director stated he would speak with the Transportation Services Manager about this. Adams Avenue Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, reiterated the comments regarding Adams Avenue, expressing the need for landscaping and street improvements on this street, as well as others in the City. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR No. 8, Cooperative Agreement No. 12-457 with California Department of Transportation (CALTRANS) for design and environmental purposes for proposed improvements to Newport Boulevard, between 17th and 19th Streets. MOTION/Approved On motion by Council Member Cowan, seconded by Council Except Item No. 8 Member Robinson, and carried 5-0, the remaining Consent Calendar items were approved as recommended. READING FOLDER The following Reading Folder item was received and processed: Claim Claim received by the Deputy City Clerk: Yue -Ching Tsai. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1904, funding City operating expenses for 1904 $1,489,736.90. Approved Warrant Warrant Resolution 1905, funding Payroll 212 for $1,870,342.67, 1905/Payroll 212 and City operating expenses for $957,264.98, including payroll deductions. ADMINISTRATIVE Resolution 02-40 was adopted: A RESOLUTION OF THE CITY ACTIONS/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 02-40, CALLING AND GIVING NOTICE THAT A GENERAL MUNICIPAL Notice of General ELECTION WILL BE HELD TUESDAY, NOVEMBER 5, 2002, Municipal Election FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED November 5, 2002 BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. Adopted Resolution 02-41, Consolidating General Municipal Election November 5, 2002 Awarded Contract for Replacement of Posts at Balearic, Project No. 02-07, to Jet Construction, Inc. Resolution 02-41 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 5, 2002, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. Bids received for Replacement of Wood Support Posts at the Balearic Center, 1975 Balearic Drive, Project No. 02-07, are on file in the City Clerk's office. The contract was awarded to Jet Construction, Inc., 3124 San Luis Rey Road, Oceanside, for $15,450.00, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Adopted Resolution Resolution 02-42 was adopted: A RESOLUTION OF THE CITY No. 02-42, Transfer of COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Control of Cable TV AUTHORIZING AND - CONSENTING TO THE TRANSFER OF CONTROL OF THE FRANCHISED CABLE TELEVISION OPERATOR FROM AT&T CORPORATION TO AT&T COMCAST CORPORATION. Approved Stormwater Stormwater Permit Implementation Agreement No. D02-048 was Permit Implementation approved with the County of Orange, the Orange County Flood Agreement No. D02- Control District, et al., authorizing the City to be co -permittee on 048 with County and the National Pollutant Discharge Elimination System Permit, and Flood District, et al. the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Adopt -a- The Adopt -a -Bench and Adopt -a -Park Programs were approved; Bench/Adopt-a-Park and an amendment to Council Policy 800-4, "Acceptance and Programs, Approved Recognition of Donations to City Parks and Public Facilities", Amendment to Council formalizing the Adopt -a -Bench and Adopt -a -Park Programs, was Policy 800-4 approved. Approved Change Change Order No. 2 was approved to the contract with Analytical Order No. 2 to Planning Services, Inc. (APSI), 15707 Rockfield Boulevard, Suite Analytical Planning 225, Irvine, for $10,077.83, for additional construction Services, Inc. (APSI) management and inspection services in connection with the Contract for the Seismic Retrofit of City Hall and the Corporation Yard, Project No. Seismic Retrofit, 00-14, and the City Manager was authorized to sign on behalf of Project No. 00-14 the City. Costa Mesa Senior Regarding the Costa Mesa Senior Center, the following action was Center taken: Approved Extension The contract with the Costa Mesa Senior Corporation for of Contract with Senior operation of the Senior Center for one year, with two optional Center one-year renewals was approved, and the Mayor was authorized to sign on behalf of the City. 37 I. 1 V7 Directed Staff to Study Staff was directed to study the feasibility of the City being Programming responsible for programming and operations of the Senior Feasibility Center. Approved Agreement Cooperative Agreement C-2-0503 was approved with the C-2-0503 with OCTA Orange County Transportation Authority (OCTA) for a Senior for Senior Mobility Mobility Program, and the Mayor was authorized to sign on Program behalf of the City. Approved Funding of Continuation of funding for the Senior Center Bus operation until Senior Bus Operation such time that the OCTA Senior Mobility Program is implemented. Authorized Termina- Staff was authorized to terminate the Vehicle Lease Agreement/ tion of Vehicle Lease Grant when the OCTA Senior Mobility Program is implemented. Agreement Approved Budget Budget Adjustment No. 003-002 was approved for $35,000.00, Adjustment No. 003- from undesignated unreserved General Fund balance to provide 002 funding for additional maintenance costs to be absorbed by the City was approved. Cooperative Agree- Item No. 8 on the Consent Calendar was presented: Cooperative ment with CALTRANS Agreement No. 12-457 with California Department of Transportation (CALTRANS) for design and environmental purposes for proposed street improvements to Newport Boulevard, between 17th and 19th Streets. Mayor Dixon stated she would not MOTION/Approved support this item. On motion by Mayor Pro Tem Monahan, Agreement No. 12-457 seconded by Council Member Steel, and carried 4-1, Mayor Dixon voting no, the agreement was approved and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place 2002-2003 City Budget set for the public hearing to consider the City Budget for fiscal year 2002-2003: A resolution determining and adopting an appropriations limit of $121,245,048.00 for fiscal year 2002-2003, in accordance with Article XIII -B of the Constitution of the State of California, as amended by Proposition 111 and Senate Bill 88. A resolution adopting a budget for fiscal year 2002-2003. A resolution determining and adopting the General Fund operating reserve for the 2002-2003 fiscal year in accordance with Title 2, Chapter V, Article 6, of the Costa Mesa Municipal Code. A resolution adopting the 2002-2003 statement of investment policy, and authorizing the City Treasurer to invest and reinvest idle monies of the City of Costa Mesa in accordance with the 2002-2003 statement of investment policy. An ordinance increasing salaries of City Council members. The Avidavit of Publication is on file in the City Clerk's Office. No communications were received. The Finance Director summarized the Agenda Report dated May 10, 2002, and responded to questions from Council. Mayor Pro Tem Monahan complimented the Finance Director and his staff on their work on the budget. He confirmed with the Police Captain that the proposed Sergeant's position at the Police Department would not eliminate a Patrol Officer position. Mayor Pro Tem Monahan requested further information regarding the June 17, 2002 memorandum, and the Community Services Director and Recreation Manager responded to his concerns. He asked the City Manager when the Community Objectives will be discussed, the City Manager replied that a date is not set at this time, but possibly within the next two months. Council Member Cowan commented on the importance of the Community Objectives. Council Member Robinson reported that she had previously asked the City Manager to go through the budget and cut $1,000,000.00. The City Manager summarized these reductions as follows: $250,000.00 in net revenue allocation for a variety of consultant studies as discussed by Council at the June 10, 2002, Study Session; $76,000.00 for the Police Sergeant's position, substituted for a Patrol Officer's position; $185,000.00 for allocation of net revenue for replacement and upgrade of traffic signal lights, (LED intensity lights) noting that this can be accomplished over a longer period of time, and be partially funded through grants or energy savings; $50,000.00 for additional training and professional development across departmental lines; $50,000.00 for the Public Safety House, a trailer mounted piece of equipment requested by the Fire Department .for public education programs; $300,000.00 in net revenue for a requested block wall on the west side of Fairview Road from the 1-405 overpass to McCormack Lane; $95,130.00 for the proposed remodel of the fourth floor of City Hall, delaying until a financing program is found; a $50,000.00 request from Mayor Dixon for a net revenue allocation for the South Coast Repertory Theatre for classroom naming rights; and $10,000.00 for renovation of the softball infields at TeWinkle Park and Davis Field; bringing the total amount of reductions to $1,035,130.00. Council Member Robinson asked Chief Snowden and Chief Ellis if they were comfortable with the reductions in their respective departments, and each confirmed that they were. Robert Graham, 3260 Dakota Avenue, Costa Mesa, complimented the Council on their wisdom and foresight in bringing IKEA to Costa Mesa, along with their $1.2 million dollar per year tax income. Heather Somers, 313 Robin Hood Lane, Costa Mesa, commended staff on the time they have dedicated to the budget she found several items confusing. Beth Refakes, 320 Magnolia Street, Costa Mesa, stated she had attended the study session on June 10, 2002, and the budget workshop on June 12, 2002, and complimented staff on the material that was presented. She noticed the proposed budget material does not contain any type of five-year plan that would identify fixed expenses and recurring costs that are not evident in the documentation itself. In response to a question from Mayor Pro Tem Monahan, the City Manager replied that included in the preliminary budget is an appropriation for the Southern California Association of Governments (SCAG) dues of $7,837.00, but not for the Orange 3'1'9 County Regional Airport Authority (OCRAA). He clarified that Council Member Steel is very active in OCRAA, although they do not have a budget prepared for the coming year. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, remarked that in August, 2001, Council waived all City fees associated with permit processing and transportation improvements totaling $200,000.00 for the South Coast Repertory Theatre, and an additional $50,000.00 is proposed totaling $250,000.00 of public funds. She felt that this is excessive and the monies should be used to repair pot holes, sidewalk construction, and graffiti removal. The Public Services Director informed Council Member Steel that the City is waiting for grant monies before repairing East 17th Street potholes. Council Member Steel asked for a status report on Wilson Street between Placentia Avenue and Harbor Boulevard and the Public Services Director advised that the Wilson Street project is being handled by the Mesa Consolidated Water District and it should be completed shortly. He added that it would be necessary to repave the entire westbound lane when they are finished. In regards to the street repair, he indicated that there are sufficient funds allocated each year to address the potholes, which are usually fixed by the next business day. Tom Egan, 1893 Parkview Circle, Costa Mesa, expressed his appreciation that the budget was completed earlier this year, and spoke of the City going from the end of its "immature phase" in 2002-2003, to its "mature phase" in 2003-2004. He asked that Council provide clear goals to the Commissions and Committees and correct the bad side effects of past growth and development. Lori McDonald, 284 Walnut Street, Costa Mesa, asked why trash collectors in the City do not receive a better wage. She commented on the "3 ton truck rule" replacing the "5 ton truck rule" to reduce the constant need for street repairs. Martin Benson, South Coast Repertory Theatre, 655 Town Center Drive, Costa Mesa, reported that there have been over a million students in the community who have experienced productions at South Coast Repertory Theatre either at a reduced cost or free, and the new theater under construction will have over 3,000 seats free to students for the three family-oriented productions that will be presented each year. Council Member Robinson asked if the $50,000.00 requested in the budget was not approved, would SCR still name a classroom after the City of Costa Mesa. She commented on the $200,000.00 worth of fees which have been waived. Mr. Benson stated the signage would be reduced significantly noting that the $50,000.00 had been earmarked for the educational department where four new classrooms are currently being built. John Feeney, 1154 Dorset Lane, Costa Mesa, objected to the monies being spent on "taxpayer funded babysitting", to fund other peoples housing, etc., and for South Coast Repertory Theatre, a wealthy arts organization. He supported directing funds to repaving alleys and covering up graffiti in the City. Doug Sutton, 2739 Canary Drive, Costa Mesa, thanked the City Manager and staff for their time and consideration referring to the meeting held the prior week, stating he has a problem accepting the preliminary budget as written. He prefers that the Police and Fire Departments are the first priority when it comes to filling the M needs of the City. Mayor Dixon reiterated the importance of the Police Department to Council. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, discussed his concerns with the amounts budgeted for the Job Center, the youth and. family programs, and teen programs in the City. Mayor Dixon stated that the number of youth and teens will increase within the next ten years and if the City does not increase the programs there will be big problems. Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, stated he would like to see a sound fiscal policy in which projected spending does not exceed projected income. He reiterated that the projected spending is $2,000,000.00 more than projected income. RECESS The Mayor declared a recess at 8:45 p.m., and reconvened the meeting at 9:00 p.m. Dan Goldmann, 2324 College Drive, Costa Mesa, a Costa Mesa resident for 25 years supported the ordinance to increase the salaries of the City Council members. He complimented Council on the job they have been doing. There being no further speakers, the Mayor closed the public hearing. Council Member Cowan congratulated the Finance Director and his staff for their work on the budget. She supported the budget, commenting that the City Manager and staff have done an excellent job in addressing Council's objectives for infrastructure repair, rehabilitation of streets;, medians, and parkways, and enhancing and creating community by increasing funding for recreation programming for youth and families. Council Member Cowan commented that the budget addresses the Council's stated objectives to improve the Westside. Mayor Pro Tem Monahan expressed concern regarding the direction of some of the expenditures and felt that upcoming programs should be reviewed for, fiscal ramifications, as well as the staff time devoted to the projects. MOTION/Adopted A motion was made by Mayor Pro Tem Monahan, seconded by Resolution 02-43 Council Member Cowan, and carried 5-0, to adopt Resolution 02- 43: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE 2002-2003 FISCAL YEAR, IN ACCORDANCE WITH ARTICLE XIII -B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AS AMENDED BY PROPOSITION 111 AND SENATE BILL 88. Mayor Pro Tem Monahan complimented the City Manager for being realistic in 'his concerns regarding the budget. He complimented Council Member Robinson in her quest to trim areas of the budget allowing the City to live within its means. He supported the previously discussed cuts with the exception of the proposed elimination of a field position at the Police Department. Council Member Robinson shared Mayor Pro Tem Monahan's concern about the expenditures over revenues, and thanked the City Manager for his efforts regarding the proposed cuts in the budget. She stated her concern about the State of California actions which could impact revenue for the City. ^ " IC 1 Fj 1 f_, Council Member Steel asked for more information regarding the monies that are received from Housing and Urban Development (HUD), and a better tracking of how the money is spent throughout the year. Regarding the proposed $50,000.00 grant to South Coast Repertory Theatre, Council Member Steel supported it as long as the grant is spend on education and edification of children in Costa Mesa, with a matching $50,000.00 to clean up slum areas in the City. Mayor Dixon pointed out that each year when the budget is prepared the revenues are predicted to be lower than they actually are, and the expenses that are incurred throughout the year never add up to what is projected. She added that each item will be brought back for further review. Mayor Dixon disagreed that Council has neglected the infrastructure in the community, stating that they have been proactive in beautification of the community. MOTION/To Adopt A motion was made by Council Member Cowan, seconded by Budget Mayor Dixon, to adopt the budget, with the following modifications: eliminate the Southern California Association of Governments (SCAG) dues at $7,837.00; eliminate the rehabilitation of the TeWinkle Park softball fields; reduce the professional development expenditures by $50,000.00; reduce the amount for studies approved by Council by $250,000.00; remove the Fairview Road/Adams Avenue intersection improvements; and commit to the westbound Fairview Road wall and screening, not approving allocation of funds at this time, canceling the June 27, 2002, Landscape meeting and directing staff to return to Council with options after the July 18, 2002, Neighborhood meeting. Council Member Robinson opposed the motion stating that there are additional budget cuts that can be made which would allow continuation in the commitment to the present level of service in the City. SUBSTITUTE A substitute motion was made by Council Member Robinson, MOTION/Adopted seconded by Mayor Pro Tem Monahan, and carried 4-1, Council Resolution 02-44 Member Cowan voting no, to adopt Resolution 02-44: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A BUDGET FOR THE FISCAL YEAR 2002-2003, including modifications listed in the above motion, with the following additional deletions: remove the $95,130.00 for remodel of the 4th floor of City Hall, the $185,000.00 for the LED traffic signal upgrade, and the $50,000.00 for a Public Safety House. The Finance Director clarified with Council that those items, which were not excluded, are included net revenue on the list recommended in the Agenda Report. MOTION/Adopted A motion was made by Mayor Pro Tem Monahan, seconded by Resolution 02-45 Council Member Cowan, and carried 5-0, to adopt Resolution 02- 45: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND ADOPTING THE GENERAL FUND OPERATING RESERVE FOR THE 2002- 2003 FISCAL YEAR, IN ACCORDANCE WITH TITLE 2, CHAPTER V, ARTICLE 6, OF THE COSTA MESA MUNICIPAL CODE. 311 MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 02-46 Council Member Robinson, and carried 4-1, Mayor Pro Tem Monahan voting no, to adopt Resolution 02-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING THE 2002-2003 STATEMENT OF INVESTMENT POLICY, AND AUTHORIZING THE CITY TREASURER TO INVEST AND REINVEST IDLE MONIES OF THE CITY OF COSTA MESA IN ACCORDANCE WITH THE 2002- 2003 STATEMENT OF INVESTMENT POLICY. MOTION/Gave First A motion was made by Council Member Cowan, seconded by Reading to Ordinance Mayor Dixon, and carried 5-0, to give first reading to Ordinance 02- 02-13 13: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INCREASING SALARIES OF CITY COUNCIL MEMBERS. Second reading and adoption are scheduled for the meeting of July 1, 2002. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Business Improvement set for the public hearing to consider a resolution levying an annual Area assessment for fiscal year 2002-2003 for a Business Improvement Area upon certain Costa Mesa hotels and motels. The Affidavit of Publishing is on file in,the City Clerk's office. No communications were received. The Legislation and Public Affairs Manager summarized the Agenda Report dated June 17, 2002. Lee Lowe, Board Member of the Costa Mesa Community Foundation, gave an overview of the Foundation and their mission, which is to provide opportunity for donors wishing to contribute assets for the benefit of the community. Robert Graham, 3260 Dakota Avenue, Costa Mesa, discussed the 19th Street bridge and how it would bring tourism to the City with a direct link to the beach. There being no further speakers the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 02-47 Council Member Steel, and carried 5-0, to adopt Resolution 02-47: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2002-2003 FOR A BUSINESS IMPROVEMENT AREA UPON CERTAIN COSTA MESA HOTELS AND MOTELS, directing staff to facilitate communications between the BIA and the Costa -Mesa Community Foundation. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Street Frontage set for the public hearing to consider an ordinance amending Title Requirements 13 of the Costa Mesa Municipal Code regarding street frontage requirements and minimum lot width requirements for residential, commercial, and industrial zones, and minimum development lot size requirement of one acre for planned development zones. The Affidavit of Publishing is on file in the City Clerk's office. No communications were received. The Development Services Director summarized the Agenda Report dated June 10, 2002, and responded to questions from Council. Tom Egan, 1893 Parkview Circle, Costa Mesa, supported the minimum one -acre requirement ;for planned development zones, which, he felt, would provide a superior development. Robin Leffler, 3025 Samoa Place, Costa Mesa, asked if a one -acre lot that can be converted to small lot development would be limited to the R2 and upward 'zones. The Development Services Director 1 1 1 1 1 stated that this would make it more difficult for the developer to do so. Council Member Robinson confirmed that final decisions will be made by the Planning Commission and City Council for a zone change request. Robert Graham, 3260 Dakota Avenue, Costa Mesa, showed a photograph of a home built at the back of a property, within 20 feet of the rear property line, where the two-story home imposes on a one story home. Lori McDonald, 284 Walnut Street, Costa Mesa, supported the minimum one -acre lot size requirement, but felt it should be more clearly defined in the ordinance. Heather Somers, 313 Robin Hood Lane, Costa Mesa, thanked Council Member Cowan for reiterating the one acre standard for PDR's as it will help them with flexibility in their design ability and maintain the quality of the neighborhoods on the east side. There being no further speakers, the Mayor closed the public hearing. MOTION/Gave First A motion was made by Mayor Pro Tem Monahan, seconded by Reading to Ordinance Council Member Cowan, and carried 5-0, to give first reading to 02-9 Ordinance 02-9: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING STREET FRONTAGE REQUIREMENTS, MINIMUM LOT WIDTH REQUIREMENTS FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL ZONES, AND MINIMUM DEVELOPMENT LOT SIZE REQUIREMENTS FOR PLANNED DEVELOPMENT ZONES. Second reading and adoption are scheduled for the meeting of July 1, 2002. OLD BUSINESS The Deputy City Clerk presented from the meeting of June 3, Transportation 2002, second reading and adoption of Ordinance 02-11, regarding Demand Management transportation demand management standards. The Public Standards Services Director summarized the Agenda Report dated June 17, 2002. MOTION/Adopted On motion by Mayor Pro Tem Monahan, seconded by Council Ordinance 02-11 Member Robinson, and carried 5-0, Ordinance 02-11 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING TRANSPORTATION DEMAND MANAGEMENT STANDARDS. OLD BUSINESS The Deputy City Clerk presented from the meeting of June 3, West 19th Street 2002, second reading and adoption of Ordinance 02-12, amending Transition Area Title 13 of the Costa Mesa Municipal Code regarding the West 19 Street Transition Area. The Development Services Director summarized the Agenda Report dated June 10, 2002. The City Attorney clarified that the proposed ordinance is not intended to legalize any business, use, or condition which exists on the property which is in violation of the code, whether it is a business use, or structural use of the property. Also stating is not staff's intention to grandfather the use of the businesses. Jay Branson, 900 West 19th Street, Costa Mesa, questioned how removal of the 19th Street Transition Zone would benefit the community. Mayor Dixon responded that in the long term it would be a benefit. Mr. Branson asked about complaints received from the community, and asked for a list of those complaints, and was 313 314 advised to follow up with the 'Development Services staff. He wanted to know if a survey has been done regarding the effects on the current property owners or businesses. The Development Services Director replied that a study has not been conducted because legal operations may continue in business, and the proposed ordinance precludes a new business from being started. Mitch Barrie, 227 Magnolia Street, Costa Mesa, stated that the public testimony at the, meeting of June 3, 2002, regarding this issue expressed opposition to the change. He believed that Council is voting in opposition to the needs of the people in the community, and asked for an explanation. Bonnie Copeland, 904 West 19th Street, Costa Mesa, opposed removing the Transition Zone, and stated she had submitted a letter to Council with a list of questions that have not been responded to. Mayor Dixon responded she had not received the letter. Taoward Lee, 904 West 19th 'Street, Costa Mesa, echoed the comments of Ms. Copeland believing that there is no reason to remove the Transition Zone. He felt that property in the neighborhood will be devalued. The Development Services Director responded to Mr. Lee's questions regarding eminent domain. A Costa Mesa resident was opposed to this change, stating he has owned a business in the Transition Zone since 1992. Mayor Dixon confirmed that he would be able to continue running his current business. W. D. Heidorn, 854 West 19th Street, Costa Mesa, discussed the traffic in the area, and felt Council has not answered the questions previously asked by the property owners. He opposed the change, and referred to a petition submitted at the June 3, 2002 meeting, which had 161 signatures. Robin Leffler, 302,5 Samoa Place, Costa Mesa, agreed with Council regarding removing the Transition Zone, and believed the property values will go up, not down. She stated the business owners should have nothing to fear in regards to this change, believing that this is a step in the. right direction. Robert Graham, 3260 Dakota Avenue, Costa Mesa, opposed removal of the Transition Zone, commenting that there is too much traffic on West 19th Street for it to be zoned R1. He reflected that removal would hinder 19th Street from being extended to the beach. Tom Egan, 1893 Parkview Circle; Costa Mesa, thanked Mr. Graham for his consistency in speaking about the 19th Street bridge to the beach. He stated that Mesa Verde residents would benefit from the Gisler Street bridge. He noted that he drives by West 19th Street every day and observed that some of the businesses are kept up very well and look good, but some of them do not. Lisa Laurence, 1014 West 19th Street, Costa Mesa, believes the Gisler Street bridge is a good idea, but if the 19th Street bridge were to be built, homes would be demolished to make room for the bridge. Also stating the businesses and homeowners can continue to live harmoniously on West 19th Street. Nori Bunasawa, 880 West 19th Street, Costa Mesa, stated he has submitted several petitions, one with 71 signatures on it, one with 171 signatures, and the last with 186 signatures, totaling 422 X15 individuals against the removal of the Transition Zone. He does not understand why Council is voicing support of the change. Council Member Steel believes that Council needs to do a better job in answering the questions and concerns being brought before them, to be more specific in allaying the citizens fears, and to advise them as to the objectives regarding this issue. Mayor Dixon reiterated that she did not receive the questions so she is unable to answer them at this time. Council Member Robinson supported elimination of the Transition Zone because she spoke to many westside residents during her campaign 18 months prior, and most of them were interested in improving the area. She felt that increased property values are derived from a sense of stability in the environment, compatibility, and beauty, and removing the Transition Zone will improve the westside, as part of a long-term plan. Mayor Dixon reported that within 30 days of the adoption of the ordinance, letters will be sent to the property owners explaining what the changes will be when the Transition Zone is removed. She stated that the Redevelopment Committee will be considering this area, and it is unknown at this time what the results will be. MOTION/Adopted On motion by Mayor Dixon, seconded by Council Member Ordinance 02-12 Robinson, and carried 4-1, Mayor Pro Tem Monahan voting no, Ordinance 02-12: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING THE WEST 19TH STREET TRANSITION AREA FOR PROPERTIES LOCATED AT 854 WEST 19TH STREET THROUGH 1014 WEST 19TH STREET (EVEN NUMBERED PROPERTIES ONLY) AND 1903 FEDERAL AVENUE, was given second reading and adopted. Mayor Pro Tem Monahan opposed the motion because the area needs hardscape and landscape improvements, not a zoning change. He observed that there has not been any articulation as to exactly what benefit would be derived from the passing of this ordinance. Council Member Cowan agreed with the majority of Mayor Pro Tem Monahan's comments and had originally wanted to leave this decision to the Redevelopment Committee and the Redevelopment Agency. She further stated one of the reasons she supported a rehearing on this item was because the Redevelopment Agency is constantly being slammed for not taking any action, and yet Council is addressing this area based on much of what has come from discussions of redevelopment, and decisions like this are not easy. Council Member Cowan explained her support of the ordinance by stating that no one would lose their business, the business can be sold, and the only time the business must cease is if the current business changes. Mayor Dixon stated she did not agree with the comments about Council "shafting the small business owners", and felt this, was a "mean spirited comment". She maintained that she made certain that the current business owners would be protected for as long as their business stayed as is, and has no intention of getting rid of any small business owner. Mayor Dixon believed that the property values will increase in this area because it is an R1 zoned area, and did not feel the Transition Zone turned out the way it was intended 37 years prior. 3 3.6 RECESS The Mayor declared at recess at 11:00 p.m. and reconvened the meeting at 11:10 p.m. , NEW BUSINESS The Deputy City Clerk presented contractor fees for the Costa Mesa Costa Mesa Job Job Center. The Administrative Services Director summarized the Center Agenda Report dated June 7, 2002, and he and the Recreation Manger and Police Captain responded to questions from Council. Bill Turpit, 1772 Kenwood Place, Costa Mesa, member of "The Friends of the Job Center", supports the staff recommendation to eliminate the contractor fee and: discussed the positive aspects of the Job Center, noting that there are still problems with loitering which are being worked on. Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, stated he feels this is putting a "bandaid" on something that actually needs "surgery", commenting that the Job Center goes hand-in-hand with loitering problems on the westside of the City. He supported eliminating the 37 percent of the people using the Job Center who are not Costa Mesa residents. A Costa Mesa resident did not agree with the fee for the employees at the Job Center, and felt that the contractors would seek employees elsewhere if they were to be charged. A westside Costa Mesa resident, a member of the Lion's Park Association, complimented the City Council on the research that was done on this issue, and stated any fee imposed interferes with the effectiveness of the Job Center, resulting in more loitering which in turn creates further problems for the City. Motion Died for Lack of A motion was made by Council Member Steel to eliminate the a Second $10.00 fee for Costa Mesa residents, and the contractor's fee, but to retain the fee for nonresidents. The motion died for lack of a second. Council Member Steel commented he would like to see the Job Center on the ballot in November for the voters to decide whether it stays open or not. MOTION/Approved A motion was made by Council Member Cowan, seconded by Fee for Non -Resident Council Member Steel, to eliminate the fee for contractors, to Dayworkers eliminate the fee for resident dayWorkers, and a $5.00 one-time only processing fee for non-resident dayworkers. SUBSTITUTE A substitute motion was made by Council Member Robinson, MOTION/To Charge seconded by Mayor Pro Tem Monahan, to charge a $5.00 one-time Fees Died for Lack of only fee to Costa Mesa resident 'dayworkers, and a $7.50 one-time a Second only fee to non -Costa Mesa residents dayworkers. After discussion Mayor. Pro Tem Monahan withdrew his second. Mayor Dixon supported the motion although she did not believe that the Job Center wound be less effective if a contractor was asked to pay either a one-time, or a yearly fee. The original motion carried 4-1,1Council Member Robinson voting no. NEW BUSINESS The Deputy City Clerk presented:a request from Yuen Elena Jin, 30 ABC License Transfer Paso Robles, Irvine, for a person-to-person transfer of a Type 21 ABC License (off -sale general) for Sunshine Liquor, 724 West 19th Street. The Development Services Director summarized the Agenda Report dated June 10, 2002, and he and the Police Lieutenant responded to questions from Council. P Craig Babcock, 724 West 19th Street, Costa Mesa, representing Sunshine Liquor, did not agree with the conditions of approval being proposed by the Police Department, and felt that the crime statistics listed in the Agenda Report were misleading. He felt that the increase was due to the Soup Kitchen which is located next door to Sunshine Liquor. Hung Yu, no address given, the son of the deceased owner of Sunshine Liquor, does not believe the conditions of approval are fair, and indicated that he will have a hard time selling the business if they are approved. Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, supported the conditions of approval being proposed for Sunshine Liquor. Benjamin Kim, no address given, opposed the conditions of approval being proposed. Council Member Cowan asked the City Attorney if the conditions of approval could be imposed even if there is a liquor store located only two blocks away that have similar, but not the same conditions of approval being imposed. The City Attorney responded that you can recommend imposing these conditions of approval to the Department of Alcoholic Beverage Control, and they have the final word when the License is issued. Mayor Pro Tem Monahan was concerned that the crime statistics are based upon "calls for service" when the applicant is actually being proactive by calling for help. He did not want Sunshine Liquor to be penalized for their actions. MOTION/Approved A motion was made by Council Member Cowan, seconded by Mayor ABC License for Pro Tem Monahan, and carried 5-0, to approve the transfer of the Sunshine Liquor ABC License for Sunshine Liquor, subject to the conditions of approval proposed by the Police Department. NEW BUSINESS The Deputy City Clerk presented Mayor Pro Tem Monahan's appeal Planning Commission of Planning Commission's policy direction. Mayor Pro Tem Policy Direction Monahan summarized the Agenda Report dated June 10, 2002, and responded to questions from Council. Mayor Dixon commented that she had watched the subject Planning Commission meeting where staff was directed to bring back information to a Study Session, and understood that staff would know immediately not to spend more than four hours of staff time obtaining the information. She believed that the Planning Commission is very proactive as they look at issues and make recommendations to Council. Mayor Dixon asked about the plan to appoint a liaison from Council to the Planning Commission to review concerns, issues, problems, and recommendations, mentioning that it has not been implemented. Council Member Robinson did not see the meeting, but ascertained from the Agenda Report that there should have been a recommendation to the Council before staff was directed to do anything further. Council Member Cowan commented that staff and the Planning Commission are both aware that only Council can direct staff, but the Planning Commission can ask staff to bring an item to a Study Session for further review. e.1117 s Mayor Pro Tem Monahan agreed with some of Council Member Cowan's comments, stating that he was using a proposed "view ordinance" as an example, and his main concern is regarding procedures. Council -Member Steel felt that the Planning Commission does have a right to direct staff to do what they need, and Council has an obligation to either approve or disapprove the action. Katrina Foley, 2778 Lorenzo Avenue, Costa Mesa, clarified that when the Planning Commission initially reviewed the possibility of having Planning Commission objectives, she had prepared a memorandum that was reviewed by the City Attorney, the Development Services Director, and the City Manager, and they all agreed that it was within the authority of the Planning Commission to recommend objectives that were necessary based on what the Planning Commission heard from the residents. She stated that these objectives then became staff work-ups as to an estimation of time, costs, scope of work, implementation timeline, and so on. She commented that format was followed exactly for this issue the Planning Commission objectives were given to Council for their review, and no objection was raised. Ms. Foley continued that when it comes to directing staff, the Planning Commission has been told that the four-hour policy applies to the Planning Commission as well as Council, and when it comes t&policy issues, it is Council who has the final say. Paula Litten, 1161 Gleneagles Terrace, Costa Mesa, thanked Katrina Foley for her vision and strength in showing her concern with the citizens of Costa Mesa, and stated that the people in her neighborhood have a lack of view protection. She asked Mayor Pro Tem Monahan if he is against the City researching a view ordinance. Mayor Pro Tem Monahan stated his appeal had nothing to do with a view ordinance but a procedural issue. Mayor Dixon announced that a view ordinance is not being ;discussed at this time, rather a procedural issue between the Council and the Planning Commission. The following Costa Mesa residents commented on a view ordinance: Terry Douglas, 1149 Sea Bluff Drive; Christine O'Connor, 1128 Gleneagles Terrace; and Gail Hall, 1147 Gleneagles Terrace. Bill Perkins, 1300 Adams Ave., Apt. 11 P, Costa Mesa, feels that the Planning Commission .has had several difficult decisions over the past 16 months, and he commended Katrina Foley for her efforts. He discussed staff time being used by ordinances that should be directed to Council. Sonia Leib Abels, 1160 Gleneagles Terrace, Costa Mesa, thought that this issue should have been handled internally with the Planning Commission. Paul Abels, 1160 Gleneagles Terrace, Costa Mesa, stated Mayor Pro Tem Monahan was misquoted in the newspaper stating he does not believe the City needs a view ordinance. Mayor Pro Tem Monahan confirmed he might have said it, but it was taken out of context. Mr. Abels reiterated that a view ordinance does need to be considered. 1 1 Motion Died for Lack of A motion was made by Council Member Steel, asking for a Study a Second Session to be scheduled for the discussion of the duties, procedures, and rights of the Planning Commission, the motion died for lack of a second. MOTION/Received On motion by Mayor Pro Tem Monahan, seconded by Mayor Dixon, and Filed Report and carried 5-0, the report was received and filed. NEW BUSINESS/Grad The Deputy City Clerk presented a request from Mayor Dixon for Night Contributions City contribution to the Costa Mesa High School, Estancia High School, and Newport Harbor High School Grad Night Committees. The Mayor summarized the Agenda Report dated June 12, 2002, and responded to questions from Council. Council Member Robinson asked the City Attorney if there would be any type of liability for the City in making these donations. The City Attorney replied that there would not. Kathy Koenig, 3068 Fernheath Lane, Costa Mesa, asked Council to approve the donations in that they would be a huge benefit to each of the schools involved, and it would be investing in the safety of the new graduates. Rick Denman, 2974 Milbro Street, Costa Mesa, asked Council to consider this donation to keep the graduates off the streets and safe. MOTION/Approved A motion was made by Mayor Pro Tem Monahan, seconded by Contribution Council Member Robinson, and carried 5-0, to contribute $1,000.00 to the Costa Mesa High School, Estancia High School, and Newport Harbor High School Grad Night Committees. COUNCIL Council Member Cowan asked for a report from the City Manager on COMMENTS/Gang the gang "stomping" incident that was referenced under Public Activity Comments, as well as a robbery that took place at the 7-11 at Baker Street and Grace Lane. ADJOURNMENT The Mayor declared the meeting adjou ned ;h) al0 a.m. , Ay(oj Mayor of the City of Costa Mesa