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HomeMy WebLinkAbout09/15/2003 - City CouncilROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA September 15, 2003 The City Council of the City of Costa Mesa, California, met in regular session September 15, 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 Mayor Pro Tem Steel, followed by the Pledge of Allegiance to the ' Flag led by Council Member Cowan, and invocation by Reverend Dennis Short, Harbor Christian Church. Council Members Present: Council Members Absent: Officials Present: Mayor Pro Tem Chris Steel Council Member Libby Cowan Council Member Allan Mansoor Council Member Mike Scheafer Mayor Gary Monahan City Manager Allan Roeder Acting City Attorney Tom Wood Development Services Director Don Lamm Public Services Director William Morris Associate Engineer Raja Sethuraman Deputy City Clerk Julie Folcik MINUTES/Regular On motion by Council Member Cowan, seconded by Mayor Pro Meeting of September Tem Steel, and carried 4-0, Mayor Monahan absent, the minutes of 2, 2003 the regular meeting of September 2, 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 Pro Tem. Steel - presented. Matthew Ashton with the Costa Mayor's Award Mesa Mayor's . Award in recognition, of the selfless steps he took upon hearing -a- neighbor's- cry -for assistance, finding her with a broken leg, and calling 91.1_ to .get_her medical aide. PUBLIC COMMENTS Martin Millard, 297x. _uar6or' Boulevard, No. 264, Costa Mesa, Air Quality commented that the report giVen.,by the AQMD at the Council Study Session on September' 8; 2Q03;- was the wrong agency to provide this information since they are interested in regional air quality when it is related to smog. He believed that the air should be tested for industrial toxins, and ' stated that there are over 2,000 dangerous chemicals with molecules that underlie the odors, which can cause death and disease. . Mr. Millard asked that Council have a proper study done, and that staff contact the Department of Toxic Substances Control or the Agency for Toxic Disease Registry, to provide a report. Street Repairs Don Elmore, 2209 Wallace Avenue, Costa Mesa, complained about a "rut" in the 700 block of Congress Street that was caused by the trash trucks: He showed photographs of Wallace Avenue between Wilson and Congress Streets where cracks in the street have progressively become worse, recalling that repair work was done approximately 18 to 20 years ago. Mr. Elmore reiterated the need for street repair on Fairview Road between Fair Drive and Wilson i 32 Street in the southbound lanes. Mayor Pro Tem Steel requested the Public Services Director research the needed repairs and report back to Mr. Elmore. Mobile Home Parks Dick Matherly, 1640 Newport Boulevard, No. 22, Costa Mesa, advised that the residents of the EI Nido and Snug Harbor Mobile home parks have been referred to Pacific Relocaters, commenting that they are very difficult to deal with. Daily Pilot Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Mesa, suggested that the Forum section of the Daily Pilot should be placed on page two. She also reported that residents of Huntington Beach are also faced with mobile home park issues. Ms. Hogan - Senior Hoedown Shereshevsky thanked Amy Kuchta and the Recreation Staff for the "Hoedown" that was held at the Senior Center the previous Friday Fireworks night. She asked that fireworks not be sold to raise money for organizations, and reiterated that the manhole on Fairview Road and Wilson Street needs to be filled in. Environment Cleanup Stephanie Barger, Executive Director of Earth Resource Foundation, 230 East 17th Street, Suite 208, Costa Mesa, offered an opportunity for the community to participate in making the environment cleaner, on Saturday, September 20, 2003, is the 7th Annual Coastal/Inner-Coastal Cleanup Day to be held at two locations in the City; Vista Park, and at 19th Street across from the Newport Terrace Condominiums. She also provided their website www. earth resource.orq for further information. Mobile Home Parks Don Hunter, 666 West 19th Street, No. 1606, Costa Mesa, advised that Senate Bill 399, regarding relocation when a mobile home park is closed and sponsored by Senator Craven, did not pass. He stated it was up to Council to help the residents of EI Nido and Snug Harbor Mobile Home Parks. Air Quality Reverend Dennis Short, Harbor Christian Church, 2401 Irvine Avenue, Costa Mesa, agreed with Mr. Millard that a report needed to be conducted on the quality of the air in the City. 1901 Newport Terry Shaw, 420 Bernard Street, Costa Mesa, asked that Council Boulevard Plaza not give in to the developer of the 1901 Newport Boulevard Plaza Project Project. He urged Council to do what they can for the residents of EI Nido and Snug Harbor Mobile Home Parks. Mr. Shaw Mobile Home Parks announced that the Costa Mesa Historical Society is sponsoring an Open House at the Estancia Adobe on Saturday, September 20, Adobe Open House 2003 from 10:00 a.m. until 3:00 p.m. Mobile Home Parks Irene Shannon, 1640 Newport Boulevard, No. 17, Costa Mesa, advised that 16 people have received termination notices at Anchor Trailer Park. She also advised that manufactured homes are not easily moved from one place to another. Myran Drive Develop- Pamela Frankel, 2166 Myran Drive, Costa Mesa, spoke on behalf of ment Myran Drive where a developer has purchased two homes and is planning to build multiple two-story structures on either side of her home. She asked that Council protect her from this encroachment. Council Member Cowan confirmed with the Development Services Director the status of this upcoming project, and he advised it is still in plan check. Mayor Pro Tem Steel confirmed with the Development Services Director that none of the old growth trees are planned to be removed at this time. Sutton Comments Doug Sutton, 2739 Canary Drive, Costa Mesa, asked that any information received by the City regarding a lawsuit filed by Jerry Scheer be posted on the website, as well as available to the citizens of the City for their information as soon as possible. He inquired if Council Members who are named in the lawsuit are covered by City insurance, and was opposed to any settlement that would keep this information from the citizens. The City Manager and Acting City Attorney advised Council Member Mansoor that no lawsuit has been served on the City, but that if in the event that it is served it would be public record. Tract 1154 Barbara Beck, 443 Flower Street, Costa Mesa, thanked Mayor Pro Tem Steel and Council Member Cowan for their decision at the previous Council meeting regarding second reading and adoption of Ordinance 03-8, and helping the residents of Tract 1154 to protect their backyards. - She inquired of Council Members Mansoor and Scheafer why they changed their mind from the decision on the matter at the meeting of August 18, 2003, commenting that in agreeing to deletion of the language regarding the minor design review process, at the meeting of September 2, 2003, had the opposite effect. Council Members Mansoor and Scheafer replied that they would contact Ms. Beck with a response. Refakes Comments Beth Refakes, 320 Magnolia Street, Costa Mesa, thanked staff for taking care of the weeds at the corner of Broadway and Fullerton Avenue. She inquired as to the date for the Red Light Camera Enforcement at 19th Street and Harbor Boulevard be announced, and reported that many cars ignore the "No Right Turn on Red" sign at the corner of 19th Street at Newport Boulevard causing a traffic hazard. Ms. Refakas advised that she had heard there was a possibility that the National Guard property could be vacated and suggested that the City be proactive in obtaining the property for a dog park or skateboard park. She disagreed with the possibility of the residents of Swan Drive being able to purchase the illegally obtained property near Fairview Park. Orange County Robert Graham, 3260 Dakota Avenue, Costa Mesa, advised he Performing Arts Center recently toured the Orange County Performing Arts Center, and was impressed with the list of "visionaries" that were named in connection to the development of the Center. He then questioned Fairview Park where the City's "visionaries" are that can see 20 to 30 years into Encroachments the future. Mr. Graham disagreed that the residents of Swan Drive should be able to purchase the land they are currently encroaching on at Fairview Park. Red Light Camera Karl Ahlf, 181 Merrill Place, No. A, Costa Mesa, reported an Enforcement incident at 17th Street ' and Tustin Avenue when he and a friend were nearly hit by an speeding vehicle and commented that there is a need for more Red Light Camera enforcement in the City. Bridges A Costa Mesa resident expressed his appreciation of the Council Members who have researched the 19th Street and Gisler Bridges and found they are not needed. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR No. 9, Two-year agreement with Cingular Wireless, 6656 Glenridge Connector, Atlanta, Georgia. MOTION/Approved On motion by Council Member Cowan, seconded by Mayor Pro Except Item No. 9 Tem Steel, and carried 4-0, the remaining Consent Calendar items were approved as recommended. 1 1 READING FOLDER The following Reading Folder items were received and processed: Claim Claim received by the Deputy City Clerk: Pamela Matsufuji. ABC Licenses Request for an Alcoholic Beverage Control (ABC) License was received from Circle K 76, 3067 Bristol Street, for a person-to- person transfer of an existing Type 20 (off -sale beer and wine). Request for an Alcoholic Beverage Control (ABC) License was received from Hussongs Sports Bar and Grill, 1880 Monrovia Avenue, for a fiduciary transfer of an existing Type 41 (on -sale beer and wine). Request for an Alcoholic Beverage Control (ABC) License was received from Scotts Seafood Bar and Grill, 3300 Bristol Street, for a person-to-person transfer of an existing Type 47 (on -sale general). Request for an Alcoholic Beverage received from Johnny GS Burgers, original Type 41 (on -sale beer and place). Control (ABC) License was 615 West 19th Street, for an wine for a bona fide eating - Request for an Alcoholic Beverage Control (ABC) License was received from The Wrapper, 3333 Bristol Street, Suite 2636, for a premise -to -premise transfer of a Type 20 (off -sale beer and wine). (Seasonal business that operated in Suite 1505 last year). Follow-up Reports The following resident complaints received follow-up reports from From Staff staff: Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, was concerned about the amount of blue paint on the new IKEA building at 1475 South Coast Drive. Katherine Bequette, 2349 College Drive, Costa Mesa, advised there was a possible hazardous materials spill, behind the Harbor Center Home Depot Store, and asked for confirmation. Tiny Hyder, 2156 Myran Drive, Costa Mesa, complained about wheelchair access at various locations citywide. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1969, funding Payroll No. 318 for 1969/Payroll No. 317A $1,943,292.39, Payroll No. 317A for $419.39, and City operating and No. 318 expenses for $641,157.09, including payroll deductions. Approved Warrant Warrant Resolution 1970 funding City operating expenses for 1970 $1,751,157.39. . ADMINISTRATIVE Resolution 03-57 was adopted: A RESOLUTION OF THE CITY ACTIONS/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 03-57 APPOINTING AN AUTHORIZED AGENT FOR OBTAINING State Homeland GRANT MONIES UNDER THE STATE HOMELAND SECURITY Security Grant GRANT PROGRAM. Approved Agreement Approved agreement with Norris-Repke, 400 North Tustin Avenue, with Norris-Repke Suite 230, Santa Ana, for $191,550.00, for East 17th Street East 17th Street engineering services, and the Mayor and Deputy City Clerk were Engineering Services authorized to sign on behalf of the City. Awarded Contract for Bids for the Rehabilitation of Citywide Streets, Project No. 03-17, Rehabilitation of City- are on file in the City Clerk 's office. The contract was awarded to wide Streets to R.J. R.J. Noble Company, .15505 East Lincoln Avenue, Orange, for Noble/Approved $919,771.05, and the Mayor and Deputy City Clerk were authorized Budget Adjustment to sign on behalf of the City; and Budget Adjustment No. 04-016 04-016 was approved for $274,983.00. Approved Agreement Approved agreement with PRAEDIUM Engineering, Inc., 2030 Main With PRAEDIUM Street, Suite 1300, Irvine, for an amount not to exceed Engineering, Inc. for $210,880.00, for design of fiscal year 2003-2004 Citywide Street Citywide Street Rehab- Rehabilitation Project, and the Mayor and Deputy City Clerk were ilitation Project authorized to sign on behalf of the City. City Hall and Corpora- The following action - was taken regarding the City Hall and tion Yard Seismic Corporation Yard Seismic Retrofit Project, Project No. 00-14: Retrofit Project 00-14 Accepted work by Accepted work performed by Anderson/White Construction, 2400 Anderson/White East Katella Avenue, Anaheim, the original contractor, and Construction Developers Surety & Indemnity Company, the performance bond surety for the contractor, and the Deputy City Clerk was authorized to file a Notice of Completion. Authorized Release of Approved Pre -Takeover Agreement liquidated damages against Labor and Material Anderson/White Construction and its performance bond surety, Bond Developers Surety & Indemnity Company, for the total sum of $410,000.00; approved Post -Takeover Agreement liquidated damages against Anderson/White Construction and its performance bond surety, Developers Surety & Indemnity Company, for a total sum of $207,500.00; and authorized released of labor and material bond seven months after the Notice of Completion has been filed. Agreement with Item No. 9 on the Consent Calendar was presented: Two-year Cingular Wireless agreement with Cingular Wireless, 6656 Glenridge Conector, Atlanta, Georgia, for an approximate amount of $57,600.00, for wireless telephone service. MOTION/Approved On motion by Council Member Mansoor, seconded by Council Agreement with Member Cowan, and carried 4-0, the agreement was approved, and Cingular Wireless the City Manager was authorized to sign on behalf of the City contingent upon satisfactory review of possible litigation that may involve Cingular Wireless. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place for Preliminary Master the public hearing to consider Preliminary Master Plan Amendment Plan Amendment PA -03-16 for Paul Freeman, authorized agent for South Coast PA-03-16/South Coast Plaza, for an amendment to South Coast Plaza Town Center Plaza Town Center preliminary master plan to allow modification of the previously approved location of a proposed hotel and office building, located at 3300-3420 Bristol Street in a TC zone. Environmental Determination: Final EIR #1047. The Affidavits of Publishing and Mailing are on file in, the City Clerk's Office. The Development Services Director reviewed the Agenda Report dated September 3, 2003. David Wilson, 3315 Fairview Road, Costa Mesa, representing South Coast Plaza, advised that this is a minor modification, and pointed out that the modification. has not increased the square footage nor increased the "trips" but that it was to provide an improvement to the traffic in the peak evening hours with the elimination of the theater use, that was formerly permitted. _32 -5 - There being no speakers, the Mayor Pro Tem closed the public hearing. MOTION/Adopted On motion by Council Member Cowan, seconded by Council Resolution 03-58 Member Scheafer, and carried 4-0, Resolution 03-58 was adopted: Approving Preliminary A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Master Plan Amend- COSTA MESA, CALIFORNIA, APPROVING PRELIMINARY ment PA -03-16 MASTER PLAN AMENDMENT PA -03-16 FOR THE SEGERSTROM TOWN CENTER PORTION OF THE SOUTH COAST PLAZA TOWN CENTER. OLD BUSINESS The Deputy City Clerk presented from the meeting of September 2, Ordinance 03-9 2003, second reading and adoption of Ordinance 03-9 approving an amendment to Development Agreement DA -00-01 for the Home Ranch Project. The Development Services Director presented the Ordinance for second reading. Doug Sutton, 2739 Canary Drive, Costa Mesa, believed that Council is not handling the $200,000.00 for the Huscroft House in an open, fair or productive manner. He stated it was the community who approved the Home Ranch Project, and not Council. Mr. Sutton felt that Council is not working with the businesses or the residents when making their decisions. Mayor Pro Tem Steel and the City Manager confirmed that the $200,000.00 has not been allocated, and C.J. Segerstrom & Sons would need to be in agreement, with Council, before any allocation is made. Robert Graham, 3260 Dakota Avenue, Costa Mesa, asked when this allocation would be discussed. The City Manager responded that a specific date has not yet been scheduled. MOTION/Adopted On motion by Council Member Mansoor, seconded by Council Ordinance 03-9 Member Cowan, and carried 4-0, Ordinance 03-9 was adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT DA -00-01 FOR THE HOME RANCH PROJECT. NEW BUSINESS The Deputy City Clerk presented from the meeting, of April 21, Downtown and East- 2003, Downtown and Eastside Transportation Ad Hoc Committee— side Transportation Status Report No. 3. The Associate Engineer reviewed the Agenda Ad Hoc Committee Report dated September 2, 2003, and responded to questions from Council. Council Member Mansoor expressed thanks to the Associate Engineer for his time and effort on the report. Beth Refakes, 320 Magnolia Street, Costa Mesa, commented that community meetings should be held by the Committee for the residents that could be affected by the possible cut through traffic. She did however express concern regarding holding of such meetings during the holiday season. MOTION/Received A motion was made by Council Member Mansoor, seconded by and Filed Report Mayor Pro Tem Steel, and carried 4-0, to receive and file the report; and the Committee's term was- extended by four months with a final report to be provided to. Council -by February, 2004. CITY ATTORNEY The City Attorney prege.tcd_ a request for a closed session on the REPORTS following matters: -- Pursuant to Section 54956.9(a) of the California Government Code a closed session has been scheduled for the City Council to confer with legal counsel, Tom Wood, Acting City Attorney, regarding existing litigation in the case of Rutter Development Corporation v. City of Costa Mesa, Case No. 03CC09792. Pursuant to Section 54956.9(a) of the California Government Code a closed session has been scheduled for the City Council to confer with legal counsel, Tom Wood, Acting City Attorney, regarding existing litigation in the case of Builders Steel, Inc. v. City of Costa Mesa, et al., Case No. 02CC12137. It was unanimously agreed that a Closed Session on the above mentioned matters need not be held. CITY MANAGER The City Manager responded to a comment regarding the REPORT International Guard facility being vacated, advising that if there is an International Guard agreement between the City of Irvine and the Navy for the International Guard to move to the EI Toro site, it would be two to three years before- the site is vacated, and the City reiterated its interest in the site recognizing that there is a statutory process the Federal Government must go through in making the site available to a variety of parties before the City is eligible. He advised that at the League of California League of California Cities Conference he attended in Sacramento Cities Conference the previous week, there was discussion of a resolution in support of an initiative effort, designed to qualify for the November, 2004 ballot, for the State Government to cease its efforts of taking local revenues, to prop up the State Budget, without voter authorization. COUNCIL Council Member Scheafer expressed his appreciation of the two COMMENTS events he attended . over the weekend; the California State Firefighters Association Conference at the Costa Mesa Hilton, and CSFA Conference the Senior Center Hoedown. He announced that on Tuesday, September 16, 2003, the Claim Jumper Restaurant would be Hoedown sponsoring a fundraiser for Brian Slater of Newport Beach Fire Department who was injured in a water accident. Council Member Claim Jumper Scheafer advised that at the League of California Cities Restaurant Fundraiser Conference, the vote in support of resolution for the initiative effort, as reported by the City Manager, was unanimous. Staff Follow-up Council Member Cowan requested that the Staff Follow-up reports Reports be added to the website along with the Agenda Reports. Conferences Mayor Pro Tem Steel stated he was honored to attend the California State Firefighters Association Conference, as well as the League of California Cities Conference in Sacramento. ADJOURNMENT The Mayor declared the meeting adjourned at 7:59 p.m. nC.,.- Mayo the ity of Costa Mesa ATTEST: Deputy City Clerk of_the City of Costa Mesa