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HomeMy WebLinkAbout03/17/2003 - City Council1 r -- '_.. 1-03 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA ^ March 17, 2003 The City Council of the City of Costa Mesa, California, met in regular session March 17, 2003, 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 Mansoor, and invocation by Pastor Bob Moore, South Coast Christian Church. ROLL CALL Council Members Present: Council Members Absent: Officials Present: Mayor Karen Robinson Mayor Pro Tem Chris Steel Council Member Libby Cowan Council Member Allan Mansoor Council Member Monahan City Manager Allan Roeder Acting City Attorney Tom Wood Development Services Director Donald Lamm Public Services Director William Morris Police Lieutenant Karl Schuler Associate Engineer Raja Sethuraman Assistant Planner Wendy Shih Deputy City Clerk Julie Folcik MINUTES On motion by Council Member Cowan, seconded by Mayor Pro February 18, 2003 and Tem Steel, and carried 4-0, Council Member Monahan absent, the March 3, 2003 minutes of the regular meetings of February 18, and March 3, 2003, were approved. ORDINANCES AND A motion was made by Council Member Cowan, seconded by RESOLUTIONS Mayor Pro Tem Steel, and carried 4-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Robinson presented Certificates of Appreciation to Eleanor Certificates of Egan, Kim Pederson, and Robert Love, in recognition of their Appreciation dedication and service to the Planning and Parks Commissions. PROCLAMATION Mayor Robinson read and presented a proclamation to Planning Walt Davenport Commissioner Walt Davenport, in recognition of his 23 years of professional service to the City, including six terms as the Planning Commission Chair, and thanking him for his energy, commitment, and dedication in serving the citizens of Costa Mesa. Walt Davenport thanked the Mayor and Council and commented that it had been a pleasure and a privilege to serve, and he would look back on the years with much enjoyment and satisfaction. Council Member Cowan personally thanked all of the Commissioners but especially Walt Davenport, stating she served with Mr. Davenport on the Planning Commission for four years and learned a great deal from him about City Government. PUBLIC COMMENTS Linda Dixon, 260 Princeton Drive, Costa Mesa, expressed her Walt Davenport thanks to the commissioners for their service to the community, and was especially appreciative to Walt Davenport, who has served the community of Costa Mesa for 23 years. Mark Korando, 592, Park Place, Costa Mesa, thanked Walt Davenport for his years of service to the community and suggested that Mr. Davenport be considered for a City Service Award. Police Department Nigel Reynolds, (no street address given), reported that his vehicle had been towed and sold on January 12, 2003. He expressed his displeasure with the 'situation and the "response" by the Police Lion's Park Department. Mr. Reynolds suggested the City consider amending the ordinance relating; to the fees paid to the City for private parties held in the City's parks, as well as for charitable programs provided in the city parks. Kohl's Project Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Mesa, suggested a compromise, of the Kohl's project, with the Segerstrom's; she thanked the City gardener's for the Senior Center improvements at the Senior Center, and announced a fire drill that was scheduled for the senior center. Ms. Hogan-Shereshevsky Fireworks reiterated her support'of a ban of selling fireworks within the City. Disaster Preparedness Cindy Brenneman, 1856 Elba Circle, Costa Mesa, complimented Walt Davenport on his dedication to the City. She announced a Disaster Preparedness Meeting scheduled for March 19, 2003, at Kohl's Project the Mesa Verde United Methodist Church; confirmed the Public Hearing of the Kohl's project for the April 7, 2003, City Council Mission Statement meeting; and recommended posting the City's mission statement on the City's website. Mayor Pro Tem Steel confirmed with the City Manager that the Kohl's project public hearing would be held on April 7, 2003, but could be continued to a future Council meeting or study session. Kohl's Project Robin Leffler, 3025 Samoa Place, Costa Mesa, showed the City's zoning map to illustrate the need, due to the size of the city, to be thoughtful and carefulpf "what comes into the city." She discussed the Kohl's project and disagreed that the project was right for the proposed site, expressing the need for something interesting that will serve the neighborhood. Habitat for Humanity Roy Shahbazian, 3808 East Palm Avenue, Orange, a volunteer for Habitat for Humanity, thanked the City Council for their partnership and cooperation with Habitat for Humanity. He reported that to date, eleven (11) homes have been constructed within the city due to this partnership, and looks forward to the City's support of future projects. Abandoned Shopping Beth Refakes, 320 Magnolia Street, Costa Mesa, requested an Cart Ordinance update on the abandoned shopping cart ordinance. She discussed an article from the Daily Pilot regarding "Club Vegas" and "Club Vegas" questioned the Planning Commission's approval of the project before it was determined if it complied with the Fire Regulations. Council Member Cowan responded by reviewing the status of the abandoned shopping cart ordinance, explaining that the delay in consideration was due to the need for additional language from the Grocery's Association and the review of funding alternatives for the program. She also commented on the responsibility of the Fire Marshal and the Building Inspector to uphold the fire and safety L 1 standards for all buildings or construction, and supported their decisions due to the unsafe conditions. She explained that the Planning Commission approved the concept of "Vegas Club" and not the plans. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR No. 4, Letter of Agreement to accept grand funds not to exceed $5,000.00 from the California Highway Patrol. MOTION/Approved On motion by Council Member Cowan, seconded by Mayor Pro Except Item No. 4 Tem Steel, and carried 4-0, the remaining Consent Calendar items were approved as recommended. READING FOLDER The following reading folder items were received and processed: Claims Claims received by the Deputy City Clerk: Massuger Bruno; Quyen Thuy Nguyen; and Robert Edward Thompson. Alcoholic Beverage Request for Alcoholic Beverage Control (ABC) License from Licenses Ferducci Grill (formerly Arnie's Manhattan Deli), 2831 Bristol Street, for a premise -to -premise and person-to-person transfer of an existing Type 47 ABC License (on -sale general for a bona fide eating -place). Request for Alcoholic Beverage Control (ABC) License from Claim Jumper (formerly Birraporettis), 3333 Bristol Street, Suite 2078, for a premise -to -premise and person-to-person transfer of an existing Type 47 ABC License (on -sale general for a bona fide eating -place). Request for Alcoholic Beverage Control (ABC) License for I Love Sushi, 2340 Harbor Boulevard, for a fiduciary transfer of an existing Type 41 ABC License (on -sale beer and wine for a bona fide eating -place). Request for Alcoholic Beverage Control (ABC) License for Iwata Sushi and Seafood (formerly 17 Sushi), 369, East 17th Street, No. 17, for a person-to-person transfer of an existing Type 41 ABC License (on -sale beer and wine for a bona fide eating - place). WARRANTS - The following warrants were approved: Approved Warrant Warrant Resolution 1943, funding Payroll 305 for $1,983,336.78, 1943/Payroll 305 and City operating expenses for $1,634,266.37, including payroll deductions. Approved Warrant Warrant Resolution 1944, funding City operating expenses for 1944 $1,345,995.47. ADMINISTRATIVE Amendment No. 6 to Master Funding Agreement No. C-95-968 ACTIONS/Approved was approved with the Orange County Transportation Authority Amendment No. 6 to (OCTA), to update Exhibit A, Combined Transportation Funding Master Funding Agree- Programs (CTFP) Allocations — Open Projects, and the Mayor and ment No. C-95-968 Deputy City Clerk were authorized to sign on behalf of the City. Letter of Agreement Item No. 4 on the Consent Calendar was presented: A letter of for Grant Funds from agreement to accept grant funds not to exceed $5,000.00 from the California Highway California Highway Patrol to conduct the "Every 15 Minutes Patrol Program", a "drinking and driving" education program for high school students. Council Member Mansoor expressed his concern, recognizing the current state of affairs with the state budget, and questioned if and when the City would be reimbursed for the program. He 'also expressed concern over the part of the program that would not be covered by the grant funds, specifically identifying the use of, police personnel and noting the additional overtime of the officers for the purpose of the program. The Police Lieutenant confirmed that the personnel that would be utilized to facilitate the program would be eight (8) sworn traffic officers and two non -sworn traffic personnel. He also advised that the Community has been very supportive of the program. Mayor Robinson explained the purpose of the program as the collaboration of the California Highway Patrol with the Office of Traffic Safety to offer grant funds for implementation of the educational program directed at high school students, to create an awareness of the dangers of drinking and driving and the consequences of that behavior. She expressed her support, commenting that it was a worthwhile program and expenditure, even if it saved just one life through its education. Council Member Mansoor agreed with the purpose of the program, understanding the importance of education and DUI enforcement. He clarified that his concern was directly in relation to expenditures and the City's immediate needs. Council Member Cowan stated she had previously viewed the video and recap of the program, commenting that it had an "incredibly powerful message." Council Member Cowan confirmed with the Police Lieutenant that the grant funding would not be affected by continuing the item to the next City Council meeting, observing that it would allow Council Member Mansoor time to review the video on the program. Cindy Brenneman, 1856 Elba Circle, Costa Mesa, concurred with Mayor Robinson and Council Member Cowan regarding the power of the message in the video, and commented on the need for the program. MOTION/Continued A motion was made: by Council Member Cowan, seconded by To April 7, 2003 Mayor Pro Tem Steel, and carried 4-0, to continue this item to the meeting of April 7, 2003, that it be listed on the Consent Calendar, and the video made available to the Council Members for viewing prior to the next meeting. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Minor Conditional Use from the meeting of March 3, 2003, to consider an application from Permit ZA-02-58 Council Member Mansoor appealing the Planning Commission's Pacific Coast Auto approval of Minor Conditional Use Permit ZA-02-58 for John W. Crowe, to allow outdoor automobile storage for Pacific Coast Auto, located at 837 West 17th Street in an MG zone. Environmental Determination: Exempt. The Assistant Planner reviewed the Agenda Report and responded to questions from Council. Mayor Pro Tem Steel expressed his concern regarding mandating the business to provide landscaping on the property, recommending a cooperative agreement between the City and the business owner. Council Member Mansoor stated he had appealed the decision because he felt that there would be a negative impact of vehicle storage on this lot, and would like to mitigate the negative impact by the addition of landscaping. He explained that landscaping would compensate and/or offset the view of the stored vehicles. 107 He presented photographs of the property and the surrounding residential neighborhood. John Grey, 837 West 17th Street, Costa Mesa, lessee of the property and owner of the business, provided a letter of support from his adjoining neighbors, and showed photographs of the improvements he has made to the property, expressing that, at this time, he would not be able to afford any additional landscaping. Mr. Grey then responded to questions from Council. The Development Services Director responded to questions from Council Member Cowan, and clarified for the Council the reason for the minor conditional use permit requirement. Mayor Robinson confirmed with Mr. Grey that if the City were to approve the Conditional Use Permit that it would allow him to park up to eleven (11) additional cars on the lot, dispelling the concern of street parking. She commented that that the landscaping would be a compromise. Robin Leffler, 3025 Samoa Place, Costa Mesa, supported the requirement of a modest amount of landscape in the front setback. She commented that landscaping would be an easy way to initiate improvements and add value to the neighborhood. Beth Refakes, 320 Magnolia Street, Costa Mesa, agreed with Ms. Leffler that the landscaping would "upgrade" the area. She felt that the concrete was a very stark look, and with the expectation of redevelopment in the area, a little bit of landscape would be a benefit. There being no other speakers, the Mayor closed the public hearing. Mayor Pro Tem Steel commented that the property is located in an area that may be to the Redevelopment Agency Plan, and suggested that it could be addressed by the Redevelopment Agency. He reiterated his concern with the landscaping as a condition of approval. Mayor Robinson commented that the recommendation is reasonable in "mitigating some of the negative impact by the applicant's plans," explaining that the applicant has requested a Conditional Use Permit for parking of additional vehicles in an open space that will be visible from the street when the gate is open. The Mayor applauded the applicant on the amount of work that he has accomplished on the property, understood the applicant's concern of the additional financial burden, and suggested that he speak with the owner(s) of the property about the condition of approval. MOTION/Adopted A motion was made by Council Member Mansoor, seconded by Resolution 03-15 Mayor Robinson, and carried 3-1, Mayor Pro Tem Steel voting no, to uphold the Planning Commission's approval by adopting Resolution 03-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT ZA-02-58, with the addition of two conditions of approval; the installation of landscaping plan "D" in the front setback will mitigate the negative impact of allowing outdoor storage of over 20 vehicles on the site; and the applicant has one year in which to submit a landscape plan and construct and install the landscaping subject to Planning Division approval. OLD BUSINESS The Deputy City Clerk presented a request for rehearing from Eric Request for Rehearing Katz, Latham & Watkins, LLP, authorized agent for Eleanor Planning Application Manion, appealing the City Council's denial of Planning Application PA -02-53 PA -02-53, for a request for reasonable accommodation to allow a nine -person alcohol/d;rug rehabilitation facility in an existing single- family residence, located at 3138 Cork Lane. A communication was received from Eric Katz, Latham & Watkins, LLP, advising of his absence from the meeting. The Acting City Attorney reviewed the Agenda Report. Mayor Robinson confirmed Mr. Katz's absence. She advised that in the application for rehearing it was not explained which legal standard the City Council applied incorrectly; that the application stated the City Council "failed to comply with the law", pointing out that there was no indication of which law he was referring to, and that there was not evidence presented by Ms. Manion at the Planning Commission meeting, or at the previous City Council meeting, supporting her claim that the "peer system" was important to the residents' recovery. The Mayor stated that for the reasons mentioned that the appeal did not present "sufficient information to grant the rehearing." MOTION/Denied A motion was made: by Council Member Cowan, seconded by Rehearing Council Member Mansoor, and carried 4-0, to deny the application for rehearing. NEW BUSINESS The Deputy City Clerk presented the Downtown and Eastside Committee Appoint- Transportation Ad Hoc Committee Appointments. The Associate ments Engineer reviewed the Agenda Report. MOTION/Appointed A motion was made! by Council Member Cowan, seconded by Two New Members Mayor Pro Tem Steel, and carried 4-0, to appoint Anne Hogan- Shereshevsky, and Mark Reader, to the Downtown and Eastside Transportation Ad Hoc Committee. Eastside Biennial The Deputy City Clerk presented the Eastside Biennial Traffic Traffic Monitoring Monitoring Report: Report Report documenting the results of the 2002 Eastside Traffic Monitoring Program. Direct staff to continue to monitor traffic conditions within the Eastside area and provide updated reports every two years, with the next general report occurring in July, 2004. The Associate Engineer reviewed the Agenda Report. Irene Shannon, 1640 Newport Boulevard, Costa Mesa, stated that some of the traffic figures on Orange Avenue, Ogle Street, and Old Newport Boulevard are "unbelievable." MOTION/Received A motion was made by Council Member Cowan, seconded by and Filed Report Mayor Pro Tem Steel, and carried 4-0, to receive and file the report, and staff was directed to continue to monitor the traffic conditions and provide an updated report every two years. COUNCIL Council Member Mansoor commented on a recent lecture as part COMMENTS of the Newport Beach Public Library Lecture Series and called Newport Beach Public attention to a request from City Council Member Dick Nichols for Library Lecture Series more balance in the views presented in the lectures at the Newport Beach Public Library Lecture Series because City money was 1 1 1 11 spent on staff time to manage the program. Council Member Mansoor felt that the argument for balance had merit. He asked that the City of Costa Mesa also stay "fair and balanced". Council Member Mansoor discussed a memorandum he received, and had Rehabilitation and posted on the City's website, regarding the rehabilitation and Reconstruction of City reconstruction of City streets, explaining why it is cost effective to Streets keep up with the street repair program. He also displayed photographs of individuals soliciting and loitering at the Center and Solicitation at Job at business sites in the area of the Job Center, suggesting that a Center "No Trespassing" sign be posted at the Center when it is closed. He requested enforcement of the "No Solicitation" ordinance. Response to Email Mayor Pro Tem Steel discussed an email he had received and Regarding Concerns requested that correspondence directed to him include a phone number so that he may respond. He requested staff to include his contact information on the City's website. He reported that he is the liaison to the Orange County Regional Airport Authority, and advised that they are looking into the problem of the increase in commercial aircraft that fly over the City. Redevelopment Mayor Robinson confirmed that the Redevelopment Agency Agency continued the item regarding the adding of territories to the redevelopment area, and encouraged the community to get involved in the discussion of how to improve the Westside. She Parking Problems advised of her meeting scheduled with the property management of the Paul Mitchell School site to discuss the parking problems. Mayor Robinson commented on the importance of the Fire Fire Inspector Inspector and reiterated her support of the Fire Inspectors' determination in relation to building safety. ADJOURNMENT The Mayor declared the meeting adjourned at 8:25 p.m. ATTEST: Clerk of the City of Costa Mesa e City of Costa Mesa - l n9