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HomeMy WebLinkAbout10/07/2002 - City Council[l 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 7, 2002 The City Council of the City of Costa Mesa, California, met in regular session October 7, 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 Steel, and invocation by Dr. Dick George, Mesa Verde United Methodist Church. ROLL CALL Council Members Present: Mayor Linda Dixon Mayor Pro Tem Gary Monahan Council Member Libby Cowan Council Member Karen Robinson Council Member Chris Steel Council Members Absent: Officials Present: None City Manager Allan Roeder Assistant City Attorney Tom Wood Development Services Director Donald Lamm Public Services Director William Morris Senior Planner Willa Bouwens- Killeen Associate Planner Mel Lee Deputy City Clerk Julie Folcik MINUTES On motion by Council Member Cowan, seconded by Council September 9 and 16, Member Robinson, and carried 5-0, the minutes of the special 2002 meeting of September 9, 2002, and the regular meeting of September 16, 2002, were approved as amended. PRESENTATION Mayor Dixon congratulated Gaetano Russo, Public Services Employee of the Month Department, on being named Employee of the Month for October 2002, recognizing his dedication and involvement in the removal of graffiti at over 1800 locations throughout the City, and commended him for his response and abatement of a recent offense that he witnessed. PROCLAMATION LUPUS Race for Life PUBLIC COMMENTS Backyards as Storage Facilities City Attorney's Office Segerstrom High School Mayor Dixon read a proclamation declaring the month of October, 2002, Lupus Awareness Month in the City, and presented the document to Christina Kelly, the Executive Director of Lupus International. Doug Sutton, 2739 Canary Drive, Costa Mesa, conveyed his concern of his neighbors' backyards becoming auto storage facilities; he commented on the way the Council handled their concerns regarding the City Attorney's office, and the manner in which the employees were treated. He mentioned the naming of a new high school in Santa Ana as Segerstrom High School, and expressed concern of the percentage of students who are not reading at their grade level. V Millard Comments Martin Millard, 2973 Harbor Blvd., No. 264, Costa Mesa, commented that the City must set a tone in regards to higher standards for the community. Westside Costa Mesa Mike Berry, 2064 Meadow View Lane, Costa Mesa, discussed U.C.I.'s continued participation in the Westside revitalization effort, receipt of a $12 million grant to provide after-school programs in the "high-risk" areas of Westside Costa Mesa, and concluded that it is more profitable to maintain a "slum" than fix it. Crosswalk for the Blind Karl Ahlf, 157 East 23rd Street, No. A, Costa Mesa, asked Council to research a crosswalk for the blind to make it safe for them to cross the street. The Public Services Director stated there has been significant research done in this area, and currently the Orange County transportation engineers are monitoring the efforts in other cities. Daily Pilot Article Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Mesa, discussed the Daily Pilot article regarding the 103 Influential Neighbors for People in the Community. She thanked City staff for their work Neighbors and the Neighbors to Neighbors Program for helping the senior citizens at the Play Port Mobile Village to rehabilitate their homes. 50th Anniversary She asked to be a part of the planning committee for Costa Mesa's Celebration 50th Anniversary Celebration, and requested that fireworks be banned in the City for the anniversary. Channel 74 CMTV Paul Bunney, Post Office Box 11024, Costa Mesa, requested that the Council Study Session's be televised on Channel 74 and commented on a broadcast message, on the local cable station, that was televised in Spanish. RV Ordinance Jacquie Gray, 2708 Cardinal Drive, Costa Mesa, inquired why a fifth wheel and travel trailers are grouped in the same category as non -motorized vehicles in the new RV ordinance. Mayor Dixon replied that the Police Lieutenant is currently researching the matter. Davidson Comments Janice Davidson, 1982 Arnold Avenue, Costa Mesa, commented on the rights of individuals to express their opinions on matters regarding the City. Kona Lanes Pamela Wiener, 2213 American Avenue, No. B, Costa Mesa, expressed her support of the Kona Lanes, stating it is a family entertainment venue. She invited the public to a Bowl-A-Thon; commenting that the fundraiser, to be held on October 19, 2002, at the Kona Lanes, is to assist children, who have suffered the loss of a loved one, to afford to attend summer camp. CHOC Clinic Wendy Leece, 1804 Capetown Circle, Costa Mesa, expressed her frustration regarding the issue of the CHOC clinic at Rea School, and asked if the City has the authority to require a business license for the mobile CHOC clinic to operate in a residential area, where the schools are located. 19th Street Bridge Robert Graham, 3260 Dakota Avenue, Costa Mesa, showed a map of the Westside of Costa Mesa and noted it is isolated from Superior Avenue to Victoria Street and access is denied toward Pacific Coast Highway, he pointed out that in the Master Plan of Highways, 19th Street goes through to Brookhurst Street, and would like Council to consider studying the impact of this. 1 1 Westside Costa Mesa Brenda Schwandt, 2192 Miner Street, Costa Mesa, expressed appreciation to Code Enforcement for successfully rectifying problems at a few properties on the Westside of Costa Mesa. Lion's Club Paul Wilbur, 312 Magnolia Street, Costa Mesa, announced that the Lion's Club is looking for members, and advised of the club's Term Limits accomplishments within the city. Mr. Wilbur also asked for clarification of Measure F which passed in 1996 regarding term limits for city council members. Red Light Violators Beth Refakes, 320 Magnolia Street, Costa Mesa, reported Caltrans fixed the curb on Newport Boulevard and Broadway, she informed the Council of a problem with habitual red light violators at the intersection and requested that the City investigate because of the number of accidents at this location. Council Candidate Cindy Brenneman, 1856 Elba Circle, Costa Mesa, thanked the Forum Council candidates for their participation in the Council Candidate Forum the previous week, stating there was a good turnout of people. She, however, expressed the need for better representation at the forums from other demographics of the city. Daily Pilot Article Ms. Brenneman also discussed the Daily Pilot article of the 103 Most Influential stating that she felt the City Manager should have been in the top 10. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 7, Agreement with Austin -Foust Associates, Inc., for the development of the Costa Mesa Transportation Model; Item No. 9, Reimbursement Agreement with C.J. Segerstrom and Sons for funding of the design and construction of the improvements at and near the Harbor Blvd./South Coast Drive Intersection; and Item No. 10, Construction of Concrete Park Monument Signs at Parks and the Tennis Club, Project 02-09. MOTION/Approved On motion by Mayor Pro Tem Monahan, seconded by Council Except Item Nos. 7, 9, Member Cowan, and carried 5-0, the remaining Consent Calendar and 10 items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Ronald David Capizzi; Garden Vista Apartments; Jeff Gunther; P.S. Stix; and Kevin Rutten. Alcoholic Beverage Alcoholic Beverage Control (ABC) License requests: Licenses Turner Restaurant Group, Inc., 650 Anton Blvd., Suite J, (formerly Luganos Restaurant), for a person-to-person transfer of an existing Type 47 (on -sale general). Sushi Zen Restaurant, 1870 Harbor Blvd., Suite A100 (Triangle Square), for a person-to-person transfer of a Type 41 (on -sale beer and wine for a bona fide eating place). Harbor Fair Station, 2502 Harbor Blvd., for a person-to-person transfer of an existing Type 20 (off -sale beer and wine). WARRANTS Approved Warrant 1919/Payroll 219 Approved Warrant 1920 The following warrants were approved: Warrant Resolution 1919, funding Payroll 219 for $1,969,288.13, and City operating expenses for $761,413.34. Warrant Resolution 1920, funding City operating expenses for $809,110.52. Approved Warrant Warrant Resolution 1921, funding Payroll 220for 1921 /Payroll 220 $1,985,859.98, and City operating expenses for $1,248,213.14, including payroll deductions. ADMINISTRATIVE A lease agreement was approved with Cingular Wireless, LLC, ACTIONS/Approved 2521 Michelle Drive, Second Floor, Tustin, to install a cellular Lease Agreement with antenna site at the Senior Center, 695 West 19th Street, in the Cingular Wireless, LLC amount of $18,000.00 per year, and the City Manager and Deputy City Clerk were authorized to sign on behalf of the City. Approved Extension An extension of an agreement was approved with RJM Design with RJM Design Group, Inc., 31591 Camino Capistrano, San Juan Capistrano, for the Recreation Master Plan, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Budget Budget Adjustment 03-031 was approved for Victoria Street/Maple Adjustment 03-031 Street Light Emitting Diode (LED) Signal Upgrades to reallocate Victoria Street/Maple the Gas Tax Funds appropriation from the Victoria Street/Maple Street Street Traffic Signal Project to the Citywide Light Emitting Diode (LED) Signal Upgrade Project; appropriated Hazard Elimination Safety (HES) grant funds for $108,360.00 for the Victoria Street/Maple Street Traffic Signal Project; and appropriated Gas Tax Funds of $16,640'.00 to the Victoria Street/Maple Street Traffic Signal Project. Adopted Resolution Resolution 02-73 was adopted: A RESOLUTION OF THE CITY 02-73/Abandoned COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Vehicles CONCERNING PARTICIPATION/CONTINUATION OF THE ORANGE COUNTY SERVICE AUTHORITY FOR ABANDONED VEHICLES. Agreement with Austin- Item No. 7 on the Consent Calendar was presented: An Foust Associates, Inc. agreement with Austin -Foust Associates, Inc., 2020 North Tustin for Transportation Avenue, Santa Ana, for the development of the Costa Mesa Model Transportation Model, in an amount not to exceed $96,495.00; Robert Graham, 3260 Dakota Avenue, Costa Mesa, opposed the approval of the agreement stating that the money would be "better spent elsewhere." The Director of Public Services summarized the Agenda Report. MOTION/Approved On motion by Council Member Cowan, seconded by Mayor Pro Agreement with Austin- Tem Monahan, and carried 5-0, the Agreement was approved, and Foust Associates, Inc. the Mayor and the Deputy City Clerk were authorized to sign on behalf of the City. Reimbursement Item No. 9 on the Consent Calendar was presented: Agreement with C.J. Reimbursement agreement with C.J. Segerstrom & Sons, 3315 Segerstrom and Sons Fairview Road, Costa Mesa, for funding of the design and construction of the improvements at and near the Harbor Blvd./South Coast Drive intersection in conjunction with the Home Ranch Project; and Budget Adjustment 03-023 to appropriate $950,000.00 from the traffic impact fee and Home Ranch "other improvements" funds towards the improvements; Robert Graham, 3260 Dakota Avenue, Costa Mesa, commented on the trees to be 1 1 1 removed from the center divider on Harbor Blvd. and asked if it was necessary as they are mature trees. The Public Services Director responded that it is necessary to relocate the current landscaped median to provide for dual left hand turn lanes, and the extra width for right turn lanes, he added that the Parks and Recreation Commission approved removal of the mature trees. MOTION/Approved On motion by Council Member Cowan, seconded by Mayor Pro Reimbursement Tem Monahan, and carried 5-0, the reimbursement agreement Agreement and Budget was approved, the Mayor and Deputy City Clerk were authorized to Adjustment 03-023 sign on behalf of the City; and Budget Adjustment 03-023 was approved. Construction of Item No. 10 on the Consent Calendar was presented: Concrete Monument Construction of Concrete Monument Signs at Parks and the Tennis Signs, Project 02-09 Club, Project No. 02-09; reject bid submitted by Brandt Development Ltd., d.b.a. Brandt Commercial Signs; adopt resolution pursuant to California Public Contract Code Section 20167; and authorize staff to negotiate contracts with qualified sign manufacturers and installers within the existing budgeted amount, and authorize the City Manager to execute the agreements. Robert Lange, President of Brandt Development, 17 Corporate Plaza Drive, Newport Beach, informed the Council that his company had previously done work for the City. He recounted that he received an award letter from City staff that stated the contract is ready for execution, after which he contacted potential subcontractors, suppliers, and his bonding company, and ordered and delivered to City staff a performance bond. On September 10, 2002, a second letter was received stating staff had reconsidered and was recommending that their bid be rejected. Mayor Pro Tem Monahan questioned Mr. Lang regarding receipt of a letter from the City Attorney's office dated September 20, 2002, that explained the problems associated with the previous projects. Mr. Lange replied that he was he told by City staff that those projects did not impact the decision. Mayor Pro Tem Monahan conferred with the Public Services Director about the recommendations in the Agenda Report, and the Public Services Director stated he was comfortable with the recommendations. Robert Graham, 3260 Dakota Avenue, Costa Mesa, inquired as to the amount of the contract, the Mayor advised that the contract amount was $78,700.00. Mr. Graham commented on the outcome of other City Projects, citing the example of the incomplete Seismic Retrofit. Rich Gomez, TFN Architectural Signage, announced the Company's interest in the opportunity to bid on the project, but was precluded from doing so as the project required an A license. The Assistant City Attorney advised of the purpose of the initial letter and the procedure to inform the party that has been designated as the lowest responsible bidder and of staff recommendation of the bid to Council. He commented that Mr. Lange had misunderstood the first letter he received from City staff, he advised Council that they have the legal ability to reject the bid received from Brandt Development Ltd., and adopt a resolution based on staffs recommendation that it would be more cost effective for the City to negotiate a contract for this project rather than pursuing another bid. MOTION/Reject Bid On motion by Mayor Pro Tem Monahan, seconded by Council from Brandt Develop- Member Cowan, and carried 5-0, the bid submitted by Brand ment Ltd./Adopted Development Ltd., d.b.a. Brandt Commercial Signs was rejected; Resolution 02-74 Resolution 02-74 was adopted: A RESOLUTION OF THE CITY Project 02-09 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO Authorized Staff to DECLARE THAT CITY PROJECT 02-09 CAN BE PERFORMED Negotiate Agreement MORE ECONOMICALLY BY DAY LABOR AND THAT THE SUPPLIES AND MATERIALS FOR CITY PROJECT 02-09 CAN BE FURNISHED AT A LOWER PRICE IN THE OPEN MARKET; staff was authorized to negotiate contracts with qualified sign manufacturers and installers within the existing budgeted amount; and the City Manager was authorized to execute the agreements. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Minor Conditional Use set for the public hearing to consider an application from Dan Permit ZA-02-31 Zaccuri, authorized agent for Guglielmo Zaccuri Trust, appealing the Planning Commission's denial of Minor Conditional Use Permit ZA-02-31, to construct a deck to be used for boat detailing underneath and storage on top for the existing Barnacle Bill's boat business, located at 1609 Pomona Avenue in an MG zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. A communication was received from Dan Zaccuri, 1421 Longmont Place, Santa Ana, setting forth additional information to support the appeal. The Associate Planner summarized the Agenda Report and responded to questions from Council. Dan Zaccuri, 1421 Longmont Place, Santa Ana, stated he is representing his father Guglielmo Zaccuri, and expressed frustration regarding their experience with the Minor Conditional Use Permit process. He explained Barnacle Bill's operations, and the improvements they are proposing to make to the property. Council Member Steel inquired of the potential traffic hazard created while backing off the ramp onto Pomona Avenue. Mr. Zaccuri affirmed that he would accept a condition regarding access to restrict the hours rand days to off-peak hours during normal business operation. Council Member Steel inquired if a "front out" was possible, Mr. Zaccuri responded that it was an option, as well as a turn -around on the front portion of the property. Mayor Pro Tem Monahan inquired about the proposed enclosed version of the storage area, to which Mr. Zaccuri responded that it was one of the condition options. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Mayor Pro Tem Monahan, seconded by Council Resolution 02-75 Member Cowan, and carried 5-0, to adopt Resolution 02-75: A Approving Minor RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Conditional Use MESA, CALIFORNIA, APPROVING THE APPEAL OF MINOR Permit ZA-02-31 CONDITIONAL USE PERMIT ZA-02-31, with the enclosed alternative that was brought forward, removing Conditions of Approval No. 4, and No. 5, and that screening is done on the lower section as described in the Agenda Report. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Planning Application set for the public hearing to consider Planning Application PA -02 - PA -02-34 34 for David Hollister/HOK, authorized agent for C.J. Segerstrom and Sons/Bob Fernandez, for a final Master Plan for a 181,735 1 square foot, three -building industrial development located at 3333 Susan Street in a PDI zone. Environmental Determination: Final EIR 1048. The Affidavit of Publishing is on file in the City Clerk's office. No communications were received. The Senior Planner summarized the Agenda Report and responded to questions from Council. Bob Fernandez, C.J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, introduced the project and discussed the design and landscaping. David Hollister, HOK, 9530 Jefferson Blvd., Culver City, showed a poster model of the project, and further discussed aspects of the project. Council Member Robinson expressed her concern regarding the proposed parking along the front of the building which would abut existing homes. Mr. Hollister responded that the use of the parking, due to the proximity, would primarily be used by visitors to the building, although that had not specifically been determined. He also responded to Council Member Robinson's question regarding the number of parking spaces informing her that there are approximately 72 parking spaces at the front of the building. Council Member Steel inquired as to the possibility of providing underground parking. Mayor Dixon responded she did not see the necessity. There being no further speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Robinson, seconded by Resolution 02-76 Council Member Steel, and carried 5-0, to adopt Resolution 02-76: Approving Master Plan A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PA -02-34 COSTA MESA, CALIFORNIA, APPROVING MASTER PLAN PA - 02 -34, subject to Conditions of Approval, and adding a Condition of Approval that employees be directed to park behind the buildings between 7:00 a.m., and 7:00 p.m. Mayor Dixon commented that the structure is spectacular and encouraged the display of artwork of local artists in the buildings. RECESS The Mayor declared a recess at 8:40 p.m. and reconvened the meeting at 8:45 p.m. OLD BUSINESS The Deputy City Clerk presented from the meeting of August 5, Home Ranch Develop- 2002, Home Ranch Development Agreement — Segerstrom ment Agreement Education Grant. The Assistant City Attorney summarized the Agenda Report. MOTION/Received A motion was made by Mayor Pro Tem Monahan, seconded by and Filed Report Mayor Dixon, and carried 5-0, to receive and file the report and bring back the completed report at a future Council Meeting. OLD BUSINESS The Deputy City Clerk presented from the meeting of September Ordinance 02-18 16, 2002, second reading and adoption of Ordinance 02-18, regarding disorderly conduct in public parks. 477 Allan Mansoor, 2973, Harbor Blvd., No. 406, Costa Mesa, asked how the ordinance impacts the current code. The Public Services Director responded that the amendment would allow designation of those areas that restrict all types of remote controlled cars from being utilized within public parks. MOTION/Adopted On motion by Mayor Pro Tem Monahan, seconded by Council Ordinance 02-18 Member Robinson, and carried 5-0, Ordinance 02-18 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 12-20(a)(16) OF TITLE 12 OF THE COSTA MESA MUNICIPAL CODE REGARDING DISORDERLY CONDUCT IN PUBLIC PARKS. NEW BUSINESS The Deputy City Clerk presented a request from Sav-On, 1835-C ABC License Request Newport Blvd., (Courtyard Shopping Center), for a person-to- person and premise -to -premise transfer of a Type 21 (off -sale general) ABC license. The Development Services Director summarized the Agenda Report. Paulette Dowar, representing Albertson's/Sav-On, encouraged the City Council to make the finding of 'public convenience and necessity, offering that they have complied with Council's request relative to this license: MOTION/Made Finding On motion by Mayor Pro Tem Monahan, seconded by Council of Public Convenience Member Cowan, and carried 5-0, the finding of public convenience and necessity was made and allowing Sav-On to exchange their Type 20 (off -sale beer and wine) ABC license for a Type 21 (off - sale general) ABC License. City Manager's Report The City Manager reported on the status of the Seismic Retrofit of City Hall, stating that a new company is to begin work on Wednesday, October 9, 2002, and that is will take approximately 90 days to complete. He updated Council regarding the Fairview Park Master Plan, stating the community meetings have been held, a draft of the staff report has been reviewed, and will be presented at a Joint Meeting of, the City Council and Parks and Recreation Commission on Monday, October 14, 2002. The City Manager advised that Megan's Law information is now available to the public on the City's website. He discussed the report on the water quality condition of the lake at TeWinkle Park, and advised, based on the report, that the Public Services Director and his staff have been authorized to work with the consultant to identify the full scope of improvements required for the lake, including preliminary costs. When available, the report will be presented to the Parks and Recreation Commission, and the City Council. COUNCIL Council Member Robinson asked if all the parks have signs COMMENTS/Public addressing the use of public parks after dark, and inquired as to Parks the purpose and necessity of the restriction, she also requested staff explore the reason the fines are over $100.00 when individuals are cited. The City Manager responded that he has been working with staff regarding the issue of the use of public parks during the day, and indicated that staff will include Council Member Robinson's concern, as well. Services for Patrick Council Member Steel reported of the passing of a Westside Dolan resident, Patrick Dolan, who worked very diligently in the establishment and the growth of Canyon Park, and was an opponent of the Job Center. He announced that the service would 1 1 1 4�9 be held on Thursday, October 10, 2002 at Pacific Hills in Corona Del Mar at 12:00 p.m., followed by a reception at the American Legion in Newport Beach. South Coast Repertory Mayor Dixon congratulated South Coast Repertory Theater on the opening of their new theater, stating the building is beautiful. She encouraged the community to visit Orange Coast College to see Artist Exhibit Ebb and Flow, an art exhibition by Costa Mesa artist Ted Baker, a member of the Cultural Arts Committee. Mayor Dixon announced October 19, 2002, is Monte Carlo Night at the Costa Mesa Senior Senior Center Center, and all proceeds will go back to the Senior Center for programs for the seniors. ADJOURNMENT The Mayor declared the meeting adjo rued at 9:00 p.m. Mayor of the City of Costa Mesa ATTEST: Deput = it - 'Cl'erk of ttie-_City of Costa Mesa 1