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HomeMy WebLinkAbout11/03/2003 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 3, 2003 The City Council of the City of Costa Mesa, California, met in regular session November 3, 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, who led the Pledge of Allegiance to the Flag, and invocation by Pastor David Peckham, Seventh Day Adventist Church. ROLL CALL Council Members Present: Mayor Gary Monahan Mayor Pro Tem Chris Steel Council Member Libby Cowan Council Member Allan Mansoor Council Member Mike Scheafer Council Members Absent: None Officials Present: City Manager Allan Roeder Acting City Attorney Tom Wood Development Services Director Don Lamm Public Services Director William Morris Deputy City Attorney Linda Nguyen Police Chief John Hensley Deputy City Clerk Julie Folcik ORDINANCES AND A motion was made' by Council Member Cowan, seconded by RESOLUTIONS Mayor Pro Tem Steel, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION The Mayor announced that Lisa Olson had been chosen as the Mayor's Award Mayor's Award recipient for November 2003, recognizing her for the outstanding efforts and dedication to the children of the community, as president of the Parent Teacher League, and her involvement at the Christ Lutheran School in Costa Mesa. PRESENTATION Mayor Monahan read and presented a Proclamation to Mr. Jeff Orange County Teller honoring the' 35th Anniversary of the Orange County Marketplace Marketplace. Proclamation PRESENTATION Mayor Monahan announced that a Proclamation was presented by Reflex Sympathetic the City proclaiming November as Reflex Sympathetic Dystrophy Dystrophy Syndrome Syndrome Awareness Month. Proclamation PRESENTATION Mayor Monahan congratulated Ed Roberts and Bill Hoyle, Code Employees of the Enforcement Officers for City of Costa Mesa. The Mayor reported Month that Ed Roberts apprehended a suspect in the Kmart Shopping Center, and Bill Hoyle was responsible for successfully working with neighbors impacted by a neighbor illegally operating a business from his home. The,, -Mayor commended the outstanding work of these two gentlemen selected- as employees of the month for November, 2003.' PUBLIC COMMENTS Martin Millard, 2973.=Harbor Boulevard, No. 264, Costa Mesa, Brown Act referencing the prirfcipte_= !i�men'ts.-of the Brown Act, commented 1 1 that the Estancia School Foundation and the Costa Mesa and TeWinkle School Foundation should be subject to following the Brown Act. Mayor Pro Tem Steel confirmed with the Acting City Attorney that the foundation meetings are open to the, public. Mobile Home Parks Don Hunter, 666 West 19th Street, Apt. No. 1606, a mobile home owners consumers advocate, pointed out that there have been 40 mobile home parks that were located in Orange County that have closed. He referenced definitions and regulations of a mobile home park in comparison to that of a recreation vehicle that are in conflict with comments made by the owner's attorney at a recent meeting. Save Our Youth Kari Flood, no address given, reported that she along with six other students from California State University Fullerton, have devoted their last semester to Save Our Youth (SOY), a non profit organization in Costa Mesa. She explained that the students' goal is to bring. awareness of the organization and increase participation by the community schools. Ms. Flood described the SOY program as an after-school program for the local high school students to assist with academics, and reported that the organization also offers scholarships. She invited the Council and the community to attend an event on November 21, 2003 that will display the talents of the students that are members of SOY. 19th Street Bridge Robert Graham, 3260 Dakota Avenue, Costa Mesa, presented an article addressing Newport Beach's support of the 19th Street bridge, reiterating the need to evaluate the possibility in order for the City to continue to attract businesses. He also shared some photographs of Fairview Park suggesting that the area up by the channel and next to the bluffs could be a possible location for soccer fields. He further commented that while he understood preserving the natural state of the park, he felt that a balance should be reached for the total property with respect to the recreational needs of the community. Westside Soil Sample Janice Davidson, 1982 Arnold Avenue, Costa Mesa, inquired about her request for sampling of the soil on the west side. She reiterated her plea that cards be sent to Tony Morello, a neighborhood child reportedly dying of cancer. Council Member Mansoor indicated that the South Coast Air Quality Management District (AQMD) would be willing to monitor specific odor in a specific location, when requested. The City Manager stated that phone number for the AQMD will be placed on the City's website. Widening of Newport Beth Refakes, 320 Magnolia Street, Costa Mesa, reported that the Boulevard Downtown Ad Hoc Committee held a meeting the previous week to discuss the widening of Newport Boulevard between 17th Street and 19' Street. She felt that the meeting was poorly attended due to inadequate notification and felt that there should be additional meetings held. Ms. Refakes commented on articles written on the Centerline Centerline project and expressed her concern regarding the reporting of properties that would be acquired through eminent domain for the route, and its impact on the city's "housing imbalance." Mayor Monahan confirmed with the City Manager that the Environmental Impact Report- (EIR) and the Executive Summary is available from the Orange County Transportation Authority (OCTA) on their website and that the matters addressing eminent domain are included in those reports. The City Manager stated that only The Lakes Retail Center has the potential of becoming a property acquired for the purpose of the centerline project in Costa Mesa. The Mayor reported that this is currently the public comment period of the EIR and that all questions and comments should be directed to OCTA. Humane Society of Traci Dorame, 2016 Arnold Avenue, Costa Mesa, expressed her Huntington Beach concern for the negligence of impounded animals at the Humane Society of Huntington Beach. She recounted her story of a dog she had found, and had; wished to adopt, if unclaimed, that was ultimately stolen from ;the facility due to the dog being placed in an unsecured location. She reported that there have been other such occurrences. Council Member Cowan stated that upon receiving an e-mail on the same matter she had requested that the Chief of Police and the City Manager to look into allegations.. Costa Mesa Katrina Stanchfield, , 2084 "B" Garden Lane, Costa Mesa, Community Garden commented on the Costa Mesa Community Garden and felt that there isn't enough communication between the Parks and Recreation Division and the gardeners. She added that regular inspections are not conducted and felt that more guidance, communications or a notice should be given when parcels are not appropriately maintained. As a result the City has given many letters of terminations without prior warning to those that have not adequately maintained their parcels. Council Member Cowan reassured Ms. Stanchfield that the Recreation Division would be monitoring the gardens more regularly and enforcing the rules that have been established and that any issues will be addressed on a case-by-case basis. Jerry Scheer Doug Sutton, 2739 Canary Drive, Costa Mesa, addressed the settlement of the lawsuit with former City Attorney Jerry Scheer. He felt that Council acted: inappropriately in the handling and disclosure of details in the case surrounding Mr. Scheer. Costa Mesa Crystal Clark, 287 Del; Mar, #B, Costa Mesa, pointed out to Council Community Garden that she had received a letter of termination before she had received a notice advising of the those rules that she may have violated at the Costa Mesa Community Garden and wished to be advised on how to appeal the termination. The Mayor and Council member Cowan reassured Ms. Clark that staff would contact her. EI Nido and Snug Coralee Newman, of Government Solutions, representing the Harbor Mobile Home owners of EI Nido and Snug Harbor Mobile Home parks read letters Parks written by previous residents that have been successively relocated. Vickie Talley, Executive Director of the Manufactured Housing Educational Trust, commented on the concern of the mobile home owners throughout Costa Mesa as they follow with great interest the progression of the mobile home ordinance. Pain Management Nancy Palme, 217 Pawnee Court, Florence, Alabama, reported that Program the Pain Management Program at the Hoag Hospital would be discontinued and commented on the benefits and the necessity in the continuation of the program. She asked that Council act for the benefit of the public to, save the program. 359 CONSENT On motion by Council Member Cowan, seconded by Council CALENDAR Member Scheafer, and carried 5-0, the Consent Calendar items MOTION/Approved were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claim Claim received by the Deputy City Clerk: Kenneth A. James. Alcoholic Beverage Request for Alcoholic Beverage Control License: Control Licenses New Sushi House (formerly Ahhh Wasabi), 1969 Harbor Boulevard, for a person-to-person transfer of an existing Type 41 ABC license (on -sale beer and wine). Long John Silver's, 3095 Harbor Boulevard, for a stock transfer of an existing Type 41 ABC license (on -sale beer and wine). 888 Liquor, 586 West 19th Street, for a person-to-person transfer of an existing Type 21 ABC license (off -sale general). Follow-up Reports The following concerns received follow-up reports from staff: Doug Sutton, 2739 Canary Drive, Costa Mesa, regarding access from northbound Harbor Boulevard into the Mesa Verde Shopping Center. John Konwiser, 1780 Placentia Avenue, No. 19, Costa Mesa, regarding maintenance of the exterior of the Job Center. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1976, funding City operating expenses for 1976 $1,635,192.35. Approved Warrant Warrant Resolution 1977, funding Payroll No. 322 for 1977/Payroll 322 and $1,968,784.78, Payroll No. 321A for $955.12, and City operating Payroll 321A expenses for $742,579.89, including payroll deductions. ADMINISTRATIVE Cooperative Agreement 12-479 was approved with the State of ACTIONS/Approved California Department of Transportation (CALTRANS), for Cooperative Agree- improvements at Fairview Road and the 1-405 Interchange, in ment 12-479 connection with the Home Ranch Development EIR and with CALTRANS Development Agreement DA -00-01; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Awarded Slurry Seal of Bids received for Slurry Seal of the Civic Center Parking Lot, Project Civic Center Parking No. 03-26, are on file in the City Clerk's Office. The contract was Lot to Wheeler Paving awarded to Wheeler Paving, Inc., 7724 Mission Boulevard, Riverside, for $33,956.00; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Adopted Resolution Resolution 03-71 was adopted: A RESOLUTION OF THE CITY 03-71, Authorization to COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Obtain State Financial AUTHORIZING THE EXECUTION OF ACTION NECESSARY TO Assistance through the OBTAIN STATE FINANCIAL ASSISTANCE THROUGH THE Adopted Resolution Resolution 03-70 was adopted: A RESOLUTION OF THE CITY 03-70, Authorizing COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Filing of Applications AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO FILE with the California APPLICATIONS WITH THE CALIFORNIA OFFICE OF Office of Emergency EMERGENCY SERVICES. Services Adopted Resolution Resolution 03-71 was adopted: A RESOLUTION OF THE CITY 03-71, Authorization to COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Obtain State Financial AUTHORIZING THE EXECUTION OF ACTION NECESSARY TO Assistance through the OBTAIN STATE FINANCIAL ASSISTANCE THROUGH THE 2003-2004 Whale Tail CALIFORNIA COASTAL COMMISSION 2003-2004 WHALE TAIL Competitive Grants COMPETITIVE GRANTS PROGRAM. Program Acceptance of 2002- An award was accepted and the allocations approved of the 2002- 2003 California Law 2003 California Law ,Enforcement Equipment Program (CLEEP), Enforcement and of the grant surplus and earned interest. Equipment Program Approved Budget Budget Adjustment No. 04-033, for $25,000.00, was approved for Adjustment No. 04-033 consultant's fees for organizational review and cost -benefit analysis of the City Attorney's Office. Approved Budget Budget Adjustment No. 04-030, for $31,213.00, was approved for Adjustment No. 04-030 the California Beverage Container Recycling and Litter. Reduction Grant for 2003-2004. Development The Development Agreement DA -03-03 for George Sakioka, Agreement DA -03-03, authorized agenda for Roy K. Sakioka and Sons, for the annual Determined and Found conformity review of the Sakioka Farms Development Agreement to be in Good Faith (DA=99-02), 14850 Sunflower Avenue, located south of Sunflower Compliance Avenue between Sakioka Drive and Main Street (Sakioka Lots 1 and 2), was determined and found to be in good faith compliance with the terms and conditions of agreement. Development The Development Agreement DA -03-04, for John Krappman, Agreement DA -03-04, authorized agent for FSP Two Town Center, L.L.C., for an annual Determined and Found conformity review of the Two Town Center Development Agreement to be in Good Faith (DA -00-04), 655 Anton Boulevard, located south of Anton Compliance Boulevard between Bristol Street and Avenue of the Arts, was determined and found. to have demonstrated good faith compliance with the terms and conditions of the agreement. Development The Development Agreement DA -03-05, for Philip Schwartze, Agreement DA -03-05 authorized agent for FSP Two Town Center Development Determined and Found Agreement (DA -99-01), located at 475-595 (odd numbers only) to be in Good Faith Anton Boulevard, was determined and found that BRE/South Coast Compliance L.L.C. and McCarthy; Cook, and Company -South Coast Metro L.L.C. to be in good faith and compliance with the terms and conditions of the agreement. OLD BUSINESS The Deputy City Clerk presented from the meeting of October 20, Mayor Pro Tempore 2003, second reading: and adoption of Ordinance 03-10, amending certain Municipal Code sections regarding the Mayor Pro Tempore. MOTION/Adopted On motion by Council Member Cowan, seconded by Council Ordinance 03-10 Member Mansoor, and carried 5-0, Ordinance 03-10, was given second reading and ,adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE -CITY OF COSTA MESA, CALIFORNIA, AMENDING CERTAIN MUNICIPAL CODE SECTIONS REGARDING THE CITY COUNCIL AND ITS OFFICERS. OLD BUSINESS The Deputy City Clerk presented from the meeting of October 20, City of Costa Mesa 2003, second reading and adoption of Ordinance 03-11, relating to Vendor Preference the provision of a City of Costa Mesa Vendor Preference in the purchase of supplies, equipment and services. MOTION/Adopted On motion by Mayor Pro Tem Steel, seconded by Council Member Ordinance 03-11 Scheafer, and carried 5-0, Ordinance 03-11, was given second reading and adopted:' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 15, CHAPTER, V, ARTICLE 2, SECTION 2-171(e) OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE PROVISION OF A CITY OF COSTA MESA VENDOR PREFERENCE IN THE PURCHASE OF SUPPLIES, EQUIPMENT, AND SERVICES. NEW BUSINESS The Deputy City Clerk presented a resolution adopting the Community Oriented Community Oriented Policing Philosophy (COPP) as the Citywide Policing Philosophy supported philosophy of providing police services. The Police Chief summarized the Agenda Report, dated October 8, 2003. Council Member Mansoor, Mayor Pro Tem Steel, Council Member Cowan and Council Member Scheafer complimented the Police Chief for his efforts and for his instigation of the program. MOTION/Adopted A motion was made by Council Mansoor, seconded by Mayor Pro Resolution 03-72 Tem Steel, and carried 5-0, to adopt Resolution 03-72: A RESOLUTION OF THE CITY. OF COSTA MESA, CALIFORNIA, ADOPTING THE COMMUNITY ORIENTED POLICING PHILOSOPHY AS THE CITYWIDE SUPPORTED PHILOSOPHY OF PROVIDING POLICE SERVICES. NEW BUSINESS The Deputy City Clerk presented an ordinance to eliminate the Redevelopment Plan current time limitation of January 1, 2004, on establishing loans, for the Downtown advances and indebtedness with respect to the Redevelopment Redevelopment Plan for the Downtown Redevelopment Project Area (SB211). The Project Area Director of Development Services summarized the Agenda Report dated October 22, 2003, and responded to questions from Council. MOTION/Gave First On motion by Council Member Mansoor, seconded by Council Reading to Ordinance Member Cowan, and carried 5-0, Ordinance 03-12 was given first 03-12 reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ELIMINATING THE CURRENT TIME LIMITATION OF JANUARY 1, 2004, ON ESTABLISHING LOANS, ADVANCES, AND INDEBTEDNESS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE DOWNTOWN REDEVELOPMENT PROJECT AREA (SB211). Second reading and adoption are scheduled for the meeting of November 17, 2003. NEW BUSINESS The Deputy City Clerk presented an ordinance to extend by one Extend for One Year year the effectiveness of the existing Redevelopment Plan from its Effectiveness of the current time limit of December 24, 2013, to December 24, 2014, Redevelopment Plan and to extend by one year the time limit for payment of indebtedness and receipt of property taxes from its current time limit of December 24, 2023 to December 24, 2024 (SB 1045). The Director of Development Services summarized the Agenda Report dated October 16, 2003, and responded to questions from Council. MOTION/Gave First On motion by Council Member Cowan, seconded by Mayor Pro Reading to Ordinance Tem Steel, and carried 5-0, Ordinance 03-13, was given first 03-13 reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, EXTENDING BY ONE YEAR THE EFFECTIVENESS OF THE EXISTING REDEVELOPMENT PLAN FROM ITS CURRENT TIME LIMIT OF DECEMBER 24, 2013, TO DECEMBER 24, 2014, AND TO EXTEND BY ONE YEAR THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES FROM ITS CURRENT TIME LIMIT OF DECEMBER 24, 2023 TO DECEMBER 24, 2024 (SB 1045). Second reading and adoption are scheduled for the meeting of November 17, 2003. G2 NEW BUSINESS The Deputy City Clerk presented a request from the Orange County Orange County Regional Airport Authority (OCRAA) to adopt a resolution in support Regional Airport of constructing a transportation tunnel ("Tri -Tunnel Express") from Authority (OCRAA) SR 133 Laguna Freeway under the Cleveland National Forest and Santa Ana Mountains, to ultimately intersect the 1-15 Freeway in Riverside County. The Mayor Pro Tem introduced the Executive Director of OCRAA who made a presentation and responded to questions of the Council. Jack Wagner, Executive Director of OCRAA, explained the mission of the Authority is to "find a solution to the Orange County's air transportation problem and to find a suitable airport that will take the pressure off further expansion of the John Wayne Airport." He reported that the air traffic had increased by seven percent in the last year and that the projected cap of 10.8 million travelers could be expected as soon as the year of 2006. He explained that the increase in the service demand would add to the pressure for expansion exceeding the current acreage allotted for the airport, stressing that a regional approach was needed and detailed the "Tri Tunnel Express" proposal recently submitted to OCRAA. Mayor Monahan confirmed with Mr. Wagner that five cities have adopted this alternative. Beth Refakes, 320 Magnolia Street, Costa Mesa, stated that although she thought that this was an interesting concept, had some concerns about whether someone would travel to Ontario airport from the Orange County areas but did think that the alternative should be studied. 1 Motion to Adopt A motion was made by Mayor Pro Tem Steel, seconded by Council Resolution 03-73 Member Mansoor, to adopt the Resolution to support the evaluation and construction of the Transportation Tunnel. Council Member Cowan, although intrigued by the concept, expressed concern on the inclusion of "approval of construction." She indicated that she was in support of the study of the concept. She requested the Mayor Pro Tem to make a change to the motion to support the timely study and evaluation but to delete the approval and construction. The maker of the motion declined explaining that the resolution supported the study and only if it was feasible would the "Tri -Tunnel Express" be constructed. Second withdrawn The Council Member, Mansoor withdrew his second on the original motion. MOTION/ Adopted A motion was made by Mayor Pro Tem Steel, seconded by Council Resolution 03-73, as Member Mansoor, and carried 5-0, to delete "approval and amended construction," and to adopt Resolution 03-73, as amended: A RESOLUTION OF THE CITY OF COSTA MESA, CALIFORNIA, SUPPORTING A , STUDY AND EVALUATION OF A TRANSPORTATION TUNNEL ("TRI -TUNNEL EXPRESS"). CITY ATTORNEY The City Attorney presented a request for a closed session on the REPORT following matter: 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. r� It was unanimously agreed that a Closed Session on the above mentioned matter need not be held. CITY MANAGER The City Manager reported that a subcommittee chosen by the REPORT Mayor, consisting of Council Member Cowan and Council Member Scheafer met with the Orange County Sanitation District ("District") to discuss a separating agreement for provision of services. He informed that the District submitted a proposal regarding certain field maintenance services and specific treasury functions. A response will be prepared by the City for the District to evaluate and to make their determination. He also reported that an audit of the City Attorney's office by Management Partners, Incorporated, was underway and that a full study would be presented at a study session in the next month. COUNCIL Council Member Scheafer commended those fire fighters (13 fire COMMENTS fighters and several crews) that were sent from Costa Mesa to Firefighters assist in battling the recent fires in the Los Angeles, San Bernardino Commended and San Diego areas. He cautioned residents when replacing their roofs on the use of shake roofing material, and suggested the use of non-flammable materials. He also saluted the veteran's in acknowledgement of Veteran's Day. West side Soil Council Member Cowan, in referring to Mrs. Davidson's request for Samples soil sampling, advised that she also had concern of the allegations and therefore had requested the City Manager to inform her of the procedure to follow in requesting the soil sampling for the west -side. ADJOURNMENT The Mayor declared the meeting adjourned at 8:20 p.m. 1 ATTEST: Mayo he ity ottosta Mesa Deputy it y Clea k of.the City of Costa Mesa I I