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HomeMy WebLinkAbout12/01/2003 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 1, 2003 The City Council of .the City of Costa Mesa, California, met in regular session December 1, 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 Cowan, and invocation by the Reverend Barbara Stewart, St. John the Divine Episcopal 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: Officials Present: None City Manager Allan Roeder Acting City Attorney Tom Wood Public Services Director William Morris Planning and Redevelopment Manager Mike Robinson Transportation Services Manager Peter Naghavi Finance Director Marc Puckett Deputy City Clerk Julie Folcik MINUTES On motion by Council Member Cowan, seconded by Mayor Pro October 20 and Tem Steel, and carried 5-0, the minutes of the regular meetings of November 17, 2003 October 20 and November 17, 2003, were approved. ORDINANCES AND A motion was made by Mayor Pro Tem Steel, seconded by Council RESOLUTIONS Member Scheafer, and carried 5-0, to read all ordinances and resolutions by title only: - PRESENTATION Mayor Monahan. Cin0 unced-,.t,hat Valerie Torelli of Torelli Realty Mayor's Award had been selected as; -a recipient. -of the Costa Mesa Mayor's Award in recognition of her' many years of_outstanding service to the City. She was commended-for-.--q—onsorship of special City events such as the Holiday Snow, Hill, Eter,Eggcitement, Summer Concerts in the Park, and CostaMazing; as well as her support of local school arts programs. Ms. Toirelli announced that Snow Hill will be held on Saturday, December 13, 2003, from 9:00 a.m. to 12:00 p.m., at Balearic Park. PRESENTATION Mayor Monahan congratulated Leigh Chalkley, Gina Clark, Jane Employees of the Duenweg, Betty Garcia, Francisco Molina, Cao Nguyen, and Sam Month Nguyen, Central Services Division, Administrative Services Department, on being named Employees of the Month for December, 2003, in recognition of their hard work, dedication, and positive attitudes. He commended them for being consummate service professionals, handling postal, messenger, copying, printing, design, and binding services with efficiency and pleasantness. 1 1 1 PRESENTATION Mayor Monahan announced that certificates have been presented Stormwater Pollution to the following Costa Mesa businesses in recognition of their Prevention Practices outstanding performance and lasting contribution to Stormwater Award Pollution Prevention: Argo -Tech, Inc.; Baja Fresh Mexican Grill, Costa Mesa 17; Emulex Corporation; Marx Servicing Mercedes; Metro Car Wash; Orange Coast Jeep/Chrysler; Shaw and Sons, Inc.; South Coast Plaza; Taco Mesa, Healthy and Authentic; and Temple Management/C and W Paint and Body. PUBLIC COMMENT Diane Pritchett, South Coast Metro Alliance, presented the Mayor South Coast Plaza with a "symbolic" check for $10,970,000.00 from South Coast Sales Tax Revenue Plaza retail stores, which represents the sales tax revenue generated by the Plaza between July, 2002, and July, 2003. She encouraged residents to shop Costa Mesa during the holiday season. "Fillmore Slum" Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, Shooting addressed a shooting incident which recently occurred in the Mesa North "Fillmore Slum" area, commenting that a similar event had occurred a few years prior. He encouraged Council to be proactive by eliminating slum conditions in the City which he maintained are compounded by the existence of charities, as well as the Someone Cares Soup Kitchen on West 19th Street. He suggested that the slums be torn down and that a portion of the replacement buildings John Wayne Airport be utilized for senior housing. Mr. Millard complained that Costa Issues Mesa officials will not oppose the takeover of John Wayne Airport (JWA), deferring instead to the City of Newport Beach. He believed that any airport expansion will be directed towards Red Hill Avenue which will impact Costa Mesa homes, and proposed negotiating with Newport Beach in order to receive some type of compensation. Ketchum-Libolt Park Beth Refakes, 320 Magnolia Street, Costa Mesa, reported that the Dedication; JWA November 21, 2003, dedication of Ketchum-Libolt Park, located at Victoria and Maple Streets, was impressive, and commented on the speeches given by the families of the two fallen police officers. She supported adding small neighborhood parks on both the east and west sides of Costa Mesa. Ms. Refakes concurred with Mr. Millard regarding the potential control of JWA by the City of Newport Beach, and asked Council's position on this issue. She thought that airport noise, as well as the number of flights, has recently increased, and proposed that Costa Mesa obtain joint control of JWA with the cities of Newport Beach and Irvine. Mayor Monahan replied that Costa Mesa is monitoring the JWA issue, commenting that the Orange County Board of Supervisors is now handling the matter. Mayor Pro Tem Steel asked that Ms. Refakes and persons, who are of a like mind on the airport issue, expound their viewpoint at Council meetings in neighboring cities. Sid Soffer Brian Evans, Post Office Box 15070, Newport Beach, addressed the termination of City Attorney Jerry Scheer, and requested Council to ask the Acting City Attorney to identify which building on Mr. Soffer's property had been considered illegal. He encouraged Council to instruct Mr. Wood to forward that information to the courts, which he maintained is required by law. The Acting City Attorney clarified that Mr. Soffer had been convicted of maintaining three illegal structures on his property at 540 Bernard Street. Mayor Pro Tem Steel observed that Mr. Soffer's problems had not been caused by the City Attorney's office, present or past City Councils, or staff but were "compounded by his contemptuous and abusive attitude in court." Santa Ana Heights Robert Graham, 3260 Dakota Avenue, Costa Mesa, reported that Annexation; Hunting- the City of Newport Beach is annexing a portion of west Santa Ana ton Beach Commercial heights, and encouraged Council to dispute any annexation plans Development for the Santa Ana Country Club. He referred to a new commercial development in Huntington Beach which will impact the west side, Adams Avenue, and 'Victoria Street, and encouraged Council to align themselves with the City of Newport Beach to investigate solutions to the traffic impact. CONSENT On motion by Council Member Cowan, seconded by Mayor Pro CALENDAR Tem Steel, and carried 5-0, all 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: Shannon Dluzak; and Lien Nguyen. Follow -Up Reports Staff provided a follow-up report concerning wheelchair access at various locations Citywide. SET FOR PUBLIC Resolution 03-77 was adopted: A RESOLUTION OF THE CITY HEARING/Adopted COUNCIL OF THE - CITY OF COSTA MESA, CALIFORNIA, Resolution 03-77, DECLARING ITS INTENTION TO ORDER THE VACATION OF Vacation of East 19th EXCESS RIGHT-OF-WAY ON EAST 19T" STREET AT 1902 Street Right -of -Way SANTA ANA AVENUE, setting a public hearing for January 5, 2004, at 6:30 p.m. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1980 funding City operating expenses for 1980 $765,042.25. Approved Warrant Warrant Resolution 1981 funding Payroll No. 324 for 1981/Payroll 324 $1,938,194.94, Payroll No. 323A for $109.69, and City operating expenses for $916,320.16, including payroll deductions. ADMINISTRATIVE Budget Adjustment No. 04-041 was approved for $80,659.00 to ACTIONS/Approved increase revenue and. appropriate funds awarded by the California Budget Adjustment Office of Traffic Safety for a comprehensive drunk driving 04-041 enforcement program: Adopted Resolution Resolution 03-78 was adopted: A RESOLUTION OF THE CITY 03-78, Homeland COUNCIL OF THE ; CITY OF COSTA MESA, CALIFORNIA, Security Overtime AUTHORIZING APPLICATION FOR, AND ACCEPTANCE OF, A Program Grant; GRANT AWARD FOR THE 2003 COMMUNITY ORIENTED Approved Budget POLICING SERVICES HOMELAND SECURITY OVERTIME Adjustment 04-037 PROGRAM, the City 'Manager or his designee was authorized to apply for and accept the grant award; and Budget Adjustment No. 04-037 was approved appropriating $187,558.00 of 2003 Community Oriented Policing Services Homeland Security Overtime Program funds, and appropriating $62,519.00 in City matching funds from undesignated funds, for a total of $250,077.00. Accepted Domestic Accepted 2002 Department of Justice, Office for Domestic Preparedness Grant; Preparedness, State ; Domestic Preparedness Program grant for Approved Budget $28,475.81; and approved Budget Adjustment No. 04-039 for Adjustment 04-039 $28,475.81. 1 1 1 377 PUBLIC HEARING. The Deputy City Clerk announced that this is the time and place PA -02-33, Two Town set for the public hearing to consider a one-year extension for Final Center Master Plan PA -02-33 requested by John Krappman of CommonWealth Partners, LLC, at Two Town Center, 3201 Park Center Drive. On October 21, 2002, Council adopted the proposed project for the construction of an 18 -story office building (400,000 square feet), 5 -level parking structure, demolition of two existing structures, and reconfiguration of surface parking in the Two Town Center subarea of South Coast Plaza Town Center. The Final Master Plan approval also included an amendment to the South Coast Plaza Town Center Preliminary Master Plan (PA -00-38) and a variance from street setback requirements (0 feet proposed, 20 feet required). The Affidavits of Publishing and Mailing are on file in the City Clerk's office. The Planning and Redevelopment Manager reviewed the Agenda Report dated November 17, 2003. John Krappman, CommonWealth Partners, LLC, 633 West Fifth Street, 72nd Floor, Los Angeles, reported that the approved master plan is still consistent with the development agreement, and believed that the design will provide enumerable benefits to the City. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 03-79 Mayor Pro Tem Steel, and carried 5-0, to adopt Resolution 03-79, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, GRANTING A ONE-YEAR TIME EXTENSION FOR FINAL MASTER PLAN PA -02-33 AND RELATED APPROVALS FOR TWO TOWN CENTER AT 3201 PARK CENTER DRIVE. NEW BUSINESS The Deputy City Clerk announced the appointment of the Mayor Appointment of Mayor and Mayor Pro Tem for a one-year term. and Mayor Pro Tem Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, approved of the one-year term, stating that it allowed each Council Member the opportunity to be Mayor and Mayor Pro Tem. He proposed Mayor Pro Tem Steel as Mayor and Council Member Mansoor as Mayor Pro Tem. MOTION/Nominated The Deputy City Clerk called for nominations for Mayor: A motion Monahan was made by Council Member Cowan, seconded by Council Member Scheafer, to nominate Mayor Monahan. MOTION/Closed A motion was made by Council Member Cowan, seconded by Mayor Nominations Council Member Scheafer, to close the nominations for Mayor. Mayor Pro Tem Steel observed that the reelection of Mayor Monahan would constitute his third term, and felt that the City needed a new direction in order to address problems in the schools and the crime rate. Council Member Cowan responded that the Mayor does not set the agenda, noting that any Council Member may bring items forward for consideration. Council Member Mansoor supported reappointment of Mayor Monahan, stating that he has done an outstanding job, and concurred with Council Member Cowan's comments. The motion to close the nominations for Mayor carried 5-0. The motion to appoint Mayor Monahan as Mayor carried 5-0. M MOTION/Nominated The Deputy City Clerk called for nominations for Mayor Pro Tem: Mansoor A motion was made by Mayor Monahan, seconded by Council Member Scheafer, to nominate Council Member Mansoor. MOTION/Closed A motion was madeby Council Member Cowan, seconded by Mayor Pro Tem Council Member Scheafer, and carried 5-0, to close the Nominations nominations for Mayor Pro Tem. The motion to appoint Council Member Mansoor as Mayor Pro Tem carried 5-0. Council Member Mansoor expressed his appreciation for Council's confidence in his ability, and commented that he is honored and grateful to serve as Mayor Pro Tem. NEW BUSINESS The Deputy City Clerk presented theproposed cancellation of the Meeting Cancellations regularly scheduled Council meeting of December 15, 2003, and and Planning Commis- Planning Commission meeting of December 22, 2003, and a sion Compensation resolution amending compensation for the Planning Commission. Mayor Monahan reviewed the Agenda Report dated November 24, 2003. The City Manager confirmed for Council Member Cowan that cancellation of the meetings will not adversely affect matters which are now pending, and confirmed that the agenda for the meeting of January 5, 2004, should be "fairly normal". Mayor Monahan .reported that compensation for Planning Commissioner's was reduced in the early 1990's, and has not been reinstated. He felt that an additional $100.00 per month per commissioner would be appropriate. Council Member Steel supported cancellation of the meetings and ; the resolution regarding the Planning Commission salaries. MOTION/Cancelled A motion was made, by Mayor Monahan, seconded by Council Meetings Member Cowan, and carried 5-0, to cancel the December 15, 2003, City Council meeting and the December 22, 2003, Planning Commission meeting. MOTION/Adopted On motion by Mayor Monahan, seconded by Council Member Resolution 03-80 Steel, and carried 5-0, Resolution 03-80 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SETTING THE COMPENSATION FOR THE PLANNING COMMISSIONERS, and directing that the amount of compensation be raised to $400.00 monthly, effective December 1, 2003. NEW BUSINESS The Deputy City Clerk presented Centerline Alignment Options in Centerline Alignment Costa Mesa. Communications were received from Frank Forbath, Options 2880 Club House Road, Costa 'Mesa, in support of Centerline; Barry Christensen, 324 North Balcom Avenue, Apt. B, Fullerton, asking that the detour off Bristol Street and Anton Boulevard and the tunnel be deleted from the plan; and Cynthia M. Wolcott, Palmieri, Tyler, Wiener, Wilhelm and Waldron, 2603 Main Street, Suite 1300, Irvine, representing "Sunflower Partners", sharing comments that were submitted to the Orange County Transportation Authority and the United States Department of Transportation Federal Transit Administration to be included and addressed in the final environmental impact report. The Transportation Services Manager reviewed the Agenda Report dated November 18, 2003, and he and the Planning and Redevelopment Manager responded to questions from Council. 379 Council Member Steel, referring to the City's development agreement dated November 15, 1999, with Roy K. Sakioka and Sons, preferred that the 1,411 multi -family residential housing units to be constructed not be comprised of rental units, and indicated that he was comfortable with Alternative No. 2 as outlined in the Agenda Report. Mayor Monahan asked the City Manager to provide Council with a copy of the development agreement. Council Member Cowan endorsed the Centerline concept, and felt that a statement should be made this evening to ensure that all the City's issues are satisfactorily addressed in the final documents. The Transportation Services Manager responded to Council Member Cowan by reporting that OCTA is meeting with property owners to address their needs, and the City is meeting with the management of several hotels. The City Manager added that the meeting of the OCTA Board which had been scheduled to act on the EIR and the preferred alignment in order to take into consideration the issues raised by businesses and property owners in Costa Mesa, Irvine, and Santa Ana, has been continued for 30 days. He mentioned that Council will have opportunities in the future to withdraw from the project if it is determined that it does not meet the needs of the community. Robert Graham, 3260 Dakota Avenue, Costa Mesa, supported constructing the project underground utilizing the original alignment. Tom Smalley, General Manager, Windham Hotel, 3350 Avenue of the Arts, Costa Mesa, recommended that the "subway section" of the Centerline remain under the street until further south of the Windham Hotel, as opposed to the option which requires a 20 foot easement along the entire west side of the hotel property parallel to Avenue of the Arts. He believed that without this modification, the hotel will suffer serious difficulty doing business during and following construction. Mr. Smalley encouraged Council to allow Centerline to service South Coast Plaza and John Wayne Airport. David Wilson, C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, representing South Coast Plaza, supported the Centerline project but has expressed concern since the start of the project in 1998 regarding the possible impacts of the Bristol Street/Anton Boulevard Elevated Alignment which is still the locally preferred alternative (LPA). He strongly supported adding the Avenue of the Arts Optional Alignment to the LPA. A resident of the city of Orange encouraged Council to maintain their support of the elevated alignment because it has good intermodal connections, allows bicycle lanes to remain on Sunflower Avenue, significantly improves pedestrian access from the stations to major employment in the South Coast Metro area, and the cost will be $50 to $70 million less expensive than the proposed Avenue of the Arts Alignment. Ted Bischak, CommonWealth Partners, 611 Anton Boulevard, Costa Mesa, acknowledged that the Avenue of the Arts Alignment is the best solution, noting that the original LPA, Bristol Street/Anton Boulevard, is not workable. Frank Forbath, 2880 Club House Road, Costa Mesa, supported an alternative for the Centerline project which would cost the least, would be the easiest and the fastest to build, the least hurtful to existing businesses, and the best alternative for the riders. He proposed that Costa' Mesa have "people movers" to transport workers and shoppers around this highly congested area, and a monorail system around the perimeter of South Coast Plaza. He urged Council to investigate the "people mover" concept. Terry Shaw, 420 Bernard Street, Costa Mesa, did not believe that Centerline is a viable project, however stated that if it is constructed, he supported the original Bristol Street/Anton Boulevard Elevated Alignment. Beth Refakes, 320 Magnolia Street, Costa Mesa, questioned the need for Centerline, commenting that because of the stops, etc., it would be quicker to drive from one location to another, and did not believe that it was realistic to use for shopping. She mentioned the long-term cost to the taxpayers, and the visual blight caused by the elevated option. George Sakioka, representing Roy K. Sakioka and Sons, 14850 Sunflower Avenue, Costa Mesa, owner of the property southeast of Anton Boulevard, pointed out that the alignment is not fixed in that part of the property, and reported that he has asked the Orange County Transportation Authority and the City of Costa Mesa to work with Sakioka and Sons to ensure that the ultimate alignment utilizes this property most efficiently. He advised that the benefit of the underground alternative is that it does not have a transition zone, from elevated down to grade, which is quite an impact on a street. The Transportation Services Manager responded to questions from Council. MOTION/Gave A motion was made! by Council Member Cowan, seconded by Directions to Staff Council Member Scheafer, and carried 4-1, Mayor Pro Tem Mansoor voting no, to select the Sunflower Avenue/Avenue of the Arts "Underground" Alignment as a second locally preferred alternative; directing that issues raised from review by the City, businesses, or residents, of the draft environmental impact report and during the final engineering process be addressed to the satisfaction of the City and all concerned parties; and that OCTA identify the alignment of the Sakioka and Sons property portion within the final engineering phase. Council Member Cowan believed that this alignment will provide a good transportation alternative in Orange County for employers and employees, tourists, shoppers, and students. She added that the initial operating segment "must happen", and when it is built, other cities will join in, providing a viable light rail system. Council Member Cowan advised that all transportation elements require taxpayer subsidization, and commented that the Sunflower Avenue/Avenue of the Arts "Underground" Alignment is a workable alternative, assuring ;-Mr. Smalley that the issues involving the Windham Hotel will 'be addressed. Mayor Pro Tem Mansoor opposed the motion, citing the large costs involved with Centerline as compared to the minimal reduction in traffic. He agreed that all relevant issues should be addressed, regardless of the alignment. Council Member Cowan confirmed that the intent of the motion is to resolve the issues and concerns of property owners and businesses, and to allow them full access to the process. 1 1 NEW BUSINESS The Deputy City Clerk presented the 2003-2004 First Quarter 2003-2004 First Community Objectives Update. The Finance Director summarized Quarter Community the Agenda Report dated November 19, 2003. Council Member Objectives Scheafer reported that regarding Objective 03-E2, which addresses operation of the Costa Mesa Senior Center, a relevant study has been completed, and he intends to attend the Center's retreat in early 2004 to review the issue. MOTION/Received On motion by Council Member Cowan, seconded by Mayor Pro and Filed Tem Mansoor, and carried 5-0, the update was received and filed; Community Objective 03-D1/Incentives for Owner -Occupied Housing on the Westside, and Community Objective 03-E6 for Park Development Fees, were moved to the completed list, COUNCIL Council Member Scheafer announced that on November 21, 2003, COMMENTS he and his wife had attended the Trauma Intervention Program TIP Award (TIP) . dinner at the Disneyland Hotel where Costa Mesa Police Officer Dave Casarez received an award from TIP. TAD Plan Council Member Cowan asked that the Theater Arts District plan, as well as Planning Commissioner Foley's alternative, be reviewed by the Cultural Arts Committee at their January, 2004, meeting, Parks and Recreation prior to being reviewed by Council. She announced that she has Commissioner appointed Ms. Mirna Burciaga to the Parks and Recreation Appointment Commission, effective January 1, 2004. ADJOURNMENT TO At 8:25 p.m., Mayor Monahan adjourned the City Council meeting CLOSED SESSION to a closed session in first floor Conference Room B pursuant to Section 54956.9(a) of the California Government Code 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. the City of Costa Mesa, Orange County Superior Court Case No. 03CC09792. MEETING At 9:05 p.m., Mayor Monahan reconvened the meeting and RECONVENED announced that no reportable action, pursuant to Section 54957.1 of the California Government Code, had been taken during closed session. ADJOURNMENT Mayor Monahan declared the meeting adjourned at 9:10 p.m. GD May of the City of Costa Mesa ATTEST: Deputy_ it-C�. r_,: of the City of Costa Mesa