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HomeMy WebLinkAbout10/16/2007 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 16, 2007 The City Council meeting of the City of Costa Mesa, California met in regular session October 16, 2007, at 5:03 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor. I. ROLL CALL Council Members Present: Mayor Allan Mansoor Mayor Pro Tem Eric Bever Council Member Linda Dixon Council Member Katrina Foley Council Member Wendy Leece Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Kimberly Hall Barlow City Clerk Julie Folcik II. PUBLIC COMMENTS There were no public comments. III. CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATORS pursuant to California Government Code Section 54957.6: Aaenc)( designated representatives: Allan Roeder. Cit)( Manaaer, Steve Mandoki, Administrative Services Director. and Terri Cassid)(, Human Resources Manager reaardina emr)lovee oraanizations: Costa Mesa Cit)( Emplovee Association (CMCEA), and the Costa Mesa Police Association (CMPA). 2. CONFERENCE WITH LEGAL COUNSEL - Existina Litiaation: Acosta v. Cit)( of Costa Mesa, et al. Case Number SACV06-233 DOC (MLGx). pursuant to Government Code Section 54956.9(a). Mayor Mansoor recessed the meeting at 5:05 p.m. to closed session in Conference Room 1 B. The Mayor reconvened the regular meeting at 6:25 p.m. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Eric Bever The Presentation of Colors was presented by the Costa Mesa Fire Department Honor Guards. MOMENT OF SOLEMN EXPRESSION - Pastor Ed Cornwell, Costa Mesa Calvary Chapel ROLL CALL Council Members Mayor Allan Mansoor Present: Mayor Pro Tem Eric Bever Council Member Linda Dixon Council Member Wendy Leece Council Members Absent: Council Member Katrina Foley Officials Present: City Manager Allan Roeder City Attorney Kimberly Hall Barlow Development Services Director Donald Lamm Public Services Director William Morris Fire Chief Mike Morgan Transportation Manager Peter Naghavi Administrative Services Director Steve Mandoki Assistant Planner Rebecca Robbins City Clerk Julie Folcik , (Council Member Foley left at 6:15 p.m.) CLOSED SESSION REPORT City Attorney Kimberly Hall Barlow reported that no action were taken on any closed session items. PRESENTATIONS The Mayor presented a proclamation to Bob Dees, Coast Community College President, and Mary Hornbuckle, Coast Community College Board Member, recognizing Orange Coast College's 60th Anniversary in providing quality academic and professional instruction in our community. Mayor Mansoor announced that Cindy Brenneman was selected as the recipient of the Mayor's Award for her her involvement in the community, most recently as the President of the Costa Mesa Community Foundation. The Mayor acknowledged her endeavor of the Costa Mesa Veterans Memorial and recognized her level of dedication and outstanding support to this project as it serves as a positive example to members of the community. Cindy Brenneman reported on the Costa Mesa Veterans Memorial Dedication and thanked the City Council and City staff for their involvement; and advised of the upcoming events of the Costa Mesa Community Foundation. The Mayor acknowledged the donation of 15 Animal Oxygen Masks by Jerome and Judy Blackman. Fire Chief Mike Morgan presented a video and explained the use of the Animal Oxygen Masks. The Mayor and City Council presented Mr. and Mrs. Blackman with a Certificate of Appreciation. IV. PUBLIC COMMENTS 1. Colin McCarthv. President of the Mesa North Communitv Association. advisina of the association's future events and thanked the Citv Council for their decision to desiqnate Paularino Park as a passive park. 2. Tona Peca, Costa Mesa, stated that the high traffic volume on the SR -55 South freewav between 19th Street and 17th Street is having an adverse impact to the Eastside residential communitv. 3. Sandy_ Hill. Mission Viejo, honored Cindy_ Brenneman as a Trauma Intervention Program (TIP)_vol_unteer. She gave an update on the program__ and the recentsigning of a contract with Coast Community_ College District for TIP to be a part of their Emerqency_ Preparedness Plan. 4. Anne _Hogan _Shereshevsky, Costa Mesa, reiterated her position of banningfireworks in the City and encouraged_ thefinding_ of alternative ways to raise money by the vouth groups;_reported on_a Pro -Skateboard Tournament to be held at the Orange County_ Fairgrounds;_opined_ that Lions Park was not a suitable place for a skatepark; and announced that the Costa Mesa Senior Center is open and fully functional. 5. Sharon Tipton, Laguna Niguel, referencing the Benito Acosta court case inquired as to the costs of prosecution over the past two years. 6. MartinMillard,___Costa___ Mesa,___ commented on --the Westside improvements and the concentration of _ non-profit organizations in. the area;_ referred to the traffic congestion _and unsafe driving_in the Mesa North area and suggested a___police check poMt;__and____reported on vending_ trucks violating City ordinances„ cianci activit)(, and ciraffiti on the Westside. 7. Beth Refakes, Costa Mesa, stated she attended the Public Safety Expo held on October 13,_2007 and commended the City's_ Police and—Fire Department for their time and effort. She congratulated Cindy Brenneman on receiving_ the Mayor's Award and expressed appreciation for the Costa Mesa Veterans Memorial. 8. Cindy Brenneman, Costa Mesa, announced the Costa Mesa Community Foundation is havinga Bob's Old Fashioned Ice Cream Sale to support their grants fund to be held on October _20,_2007 at_ the Orange County Fa_irground_s_._She thanked the Transportation Services Manager Peter Naghavi for the flashing light on_ the stop sign located on the corner of Baker and Clubhouse. and requested a flashing light for the stop sign located at Mesa_ Verde and Clubhouse. She applauded the Citv Council for their leadership. V. COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS Mayor Pro Tem Eric Bever attended the Public Safety Expo and thanked Police Chief Christopher Shawkey, Fire Chief Mike Morgan, and their staff for a great event. Council Member Wendy Leece attended the Public Safety Expo and pointed out a check list for disaster preparedness to be available on the City's website; advised that she attended the Costa Mesa Senior Corporation Board meeting and reported that activities are back to normal after a recent fire at the Senior Center; and attended the Orange County Public Library meeting regarding the topic of library facilities. Mayor Allan Mansoor corrected a public speaker's reference to the United States being a Democracy to that of a Republic. Council Member Linda Dixon shared that she received a letter from a proud mom recognizing her son, Eric Thomas Clayton Ringman, Boy Scout member in Costa Mesa Troop 911, earned his Eagle Scout for his project of restoring a sacred Indian site on Catalina Island. She also requested an update on fireworks stands and an update on a location for the community garden. VI. CONSENT CALENDAR CONSENT CALENDAR ITEM NOS. 1 THROUGH 14. MOTION: Approved recommended actions for Consent Calendar Items Nos. 1 through 14, including Consent Calendar Item No. 2 amended the Regular Meeting Minutes of July 17, 2007 to include "responsibility" in reference to Animal Regulations on page nine; except for Consent Calendar Item No. 5. Moved by Mayor Allan Mansoor, seconded by Council Member Linda Dixon. The motion carried by the following roll call vote: Ayes: Mayor Allan Mansoor, Council Member Linda Dixon, Mayor Pro Tem Eric Bever, Council Member Wendy Leece Noes: None. Absent: Council Member Katrina Foley Readina Folder. ACTION: The following Claims were received and filed by the City Clerk: Jaime Engler on behalf of Enterprise Rent-A-Car; Jeanne Waller. The following Request for Alcoholic Beverage Control License was received. and filed: Henrys Holdings LLC, for Henrys Farmers Market located at 3030 Harbor Boulevard, Suite D, for a person-to- person transfer of an existing type 21 (off -sale general). The following notification letters were received and processed: Public Utilities Commission of the State of California — North American Numbering Plan Administrator, on behalf of the California Telecommunications Industry, for Relief of the 714 Numbering Plan Area — Application No. 07-03-010, Submission of Public Education Plan Per Decision 07-09-025. Public Utilities Commission of the State of California — Information about Proposed Rate Increases, Southern California Edison Company, Application No. 07-07-026. 2. Regular Meetina Minutes of July 17 and October 2. 2007: Special Joint Studv Session with the"Planning Commission Minutes of July 10, 2007, Special Meetina Minutes of September 24. 2007. ACTION: Approved, amending the Regular Meeting minutes of July 17, 2007 to include "responsibility" in reference to Animal Regulations on page nine. 3. Warrant Resolution 2182. fundina Pavroll No. 720 for $2.455.554.80 and Citv operating expenses for $1.117.936.19, includina pavroll deductions. ACTION: Resolution adopted. 4. Warrant Resolution 2183. fundina Citv operating exp_ enses for $666.971.56. ACTION: Resolution adopted. 6. Adopt plans and specifications, and workina details for the Roadwav Rehabilitation of Gisler Avenue from Harbor Boulevard to 100 feet west of Nebraska Place. Federal Proiect No. STPL-5312 (056). Citv Proiect No. 07-02. and award construction contract to R.J. Noble Company. 15505 East Lincoln Avenue. Orana_ e, in the amount of $1,585,525.60. ACTION: Approved; authorized the Mayor and City Clerk to sign. 7. Adopt plans and specifications. and workina details for the Roadwav Rehabilitation of Fair Drive from Fairview Road to Harbor Boulevard. Federal Pro iect No. STPL-5312 (055). Citv Pro iect No. 07-06, and award construction contract to All American Asphalt, P.O. Box 2229, Corona, in the amount of $804.101 (base bid plus additive bid item). ACTION: Approved; authorized the Mayor and City Clerk to sign. 8. Completion of Picnic Shelter Demolition and Replacement at Wakeham Park, 3400 Smallev Road. Citv Proiect No. 06-24. by Hondo Companv. Inc.. 2121 South Lvon Street. Santa Ana. ACTION: Work was accepted; City Clerk was authorized to file a Notice of Completion; authorization was given to release of retention monies 35 days thereafter; the Labor and Material Bond was ordered exoneration seven (7) months thereafter; and the Faithful Performance Bond was ordered exoneration twelve (12) months thereafter. 9. Authorize refund of cash deposit in the amount of $12,617, to Farhad Khosravi. P.O. Box 30255, Santa Ana, in connection with Encroachment Permit No. PS07-00049 for street improvements located at 258 Santa Isabel Avenue, Costa Mesa. ACTION: Approved. 10. Accept Urban Area Security Initiative (UASI) funds, for tools and eauipment for the Fire Department's heavy rescue fire apparatus, in the amount of $52,589. (a). Budget Adjustment No. 08-010 for $52,589. ACTION: Approved; approved Budget Adjustment No. 08-010 and authorized the Mayor to sign. 11. Accept Urban Area Securitv Initiative (UASI) funds, from the Fiscal Year 2006 Governor's Office of Homeland Securitv Grant Program, for the purchase of two (2) projectors for the Costa Mesa's Emeraencv Operations Center (EOC), in an amount not to exceed $2,154.89. ACTION: Approved. 12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA. CALIFORNIA. AUTHORIZING APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT (TE) PROGRAM UNDER THE 2005 SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT, TRANSPORTATION ACT- LEGACY FOR USERS FOR SEVERAL PROJECTS IN THE CITY OF COSTA MESA, for Fiscal Years 2008-2010. ACTION: Adopted Resolution No. 07-75. 13. Final Map for Tract No. 16945 located at 2453 Oranae Avenue, Costa Mesa., consistina of nine (9) residential numbered lots and one (1) lettered lot for a common interest residential development.. ACTION: Approved; authorized City Engineer and City Clerk to sign. 14. Final Map for Tract No. 17044 located at 1940 MaDle Avenue, Costa Mesa. consistina of a one (1) lot subdivision to convert an, existing two-storv, 16 -unit aDartment complex into a common interest development (condominiums). ACTION: Approved; authorized City Engineer and City Clerk to sign. ITEM REMOVED FROM THE CONSENT CALENDAR. 5. Sole source purchase order for the rehabilitation of two (2) City - owned street sweepers, from GCS Western Power & Equipment. 8271 Commonwealth Avenue, Buena Park, in the amount of $219,810. Council Member Dixon requested a report on the cost for the rehabilitation of the street sweepers, approved over the last 5 years; questioning at what point it becomes cost-effective to simply purchase new street sweepers. MOTION: Approve. Moved by Mayor Allan Mansoor, seconded by Council Member Linda Dixon. The motion carried by the following roll call vote: Ayes: 'Mayor Allan Mansoor, Council Member Linda Dixon, Mayor Pro Tem Eric Bever, Council Member Wendy Leece Noes: None. Absent: Council Member Katrina Foley VII. PUBLIC HEARING 1. PUBLIC HEARING: Withdrawal of an uraencv ordinance to extend Ordinance No. 07-9. Dlacina a moratorium on the conversion of existina industrially zoned Dronertv into industrial condominiums. ACTION: Withdrawn. 2. PUBLIC HEARING: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA. ORDERING THE VACATION OF PUBLIC ALLEY NO. 128. Public Services Director William Morris summarized the staff report and responded to questions from the City Council. Mayor Pro Tem Bever noted the positive improvements along 17th Street and expressed support of the recommendation. MOTION: Adopt Resolution No. 07-76; authorize the Mayor and City Clerk to sign; direct the City Clerk to record the Quitclaim Deed. Moved by Mayor Allan Mansoor, seconded by Mayor Pro Tem Eric Bever. The motion carried by the following roll call vote: Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council Member Linda Dixon, Council Member Wendy Leece Noes: None. Absent: Council Member Katrina Foley 3. PUBLIC HEARING: Second readina and adoption of Ordinance 1 07-18. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 5-1, 5- 1.1. 5-2, 5-3, 5-12, AND 5-95 OF TITLE 5. AND SECTIONS 7-14 THROUGH 7-21 OF TITLE 7 OF THE COSTA MESA MUNICIPAL, CODE BY ADOPTING THE 2007 EDITIONS OF THE CALIFORNIA CODES AND RELATED MODEL CODES WITH APPENDICES. AND AMENDMENTS THERETO: the codes include the California Buildina Code. California Fire Code. California Plumbina Code, California Mechanical Code. California Electrical Code and the. Model Codes related to International Propertv Maintenance Code, Uniform Code for Abatement of Dana_erous Buildina_s and the Oranae Countv Gradina Code. MOTION: Adopt Ordinance No. 07-18, read by title only, and to waive further reading. Moved by Mayor Allan Mansoor, seconded by Mayor Pro Tem Eric Bever. The motion carried by the following roll call vote: Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric. Bever, Council Member Linda Dixon, Council Member Wendy Leece Noes: None. Absent: Council Member Katrina Foley 4. Annual review of the Citvwide Traffic Impact Fee Proaram (a). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONTINUING THE CITYWIDE TRAFFIC IMPACT FEE FOR NEW DEVELOPMENT IN THE CITY OF COSTA MESA AND THE RELATED ANNUAL REVIEW OF THE CITYWIDE TRAFFIC IMPACT FEE PROGRAM AND CAPITAL IMPROVEMENT PLAN FOR TRANSPORTATION IMPROVEMENTS, approving the following staff and Traffic Impact Fee Ad Hoc Committee recommendations to continue Citywide Traffic Impact Fee of $181.00 per Average Daily trip (ADT); continue the incentive program for new developments by assessing traffic impact fees on an incremental basis for the first 100 trips; to approve the annual accounting of the Citywide Traffic Impact Fee Program; and to approve the exemption of pre-schools and child- care facilities from the Citywide Traffic Impact Fee Program. Transportation Services Manager Peter Naghavi presented the staff report and responded to questions from the City Council. Mayor Pro Tem Bever expressed his support of the recommendation. Anne Broussard, Costa Mesa, stated that the anticipated fees the City would receive from preschools and childcare were negligible, commented that these facilities are for education and should be exempt, and encouraged Council's support. Roseann Andrus, Costa Mesa, represented the Orange County United Way, commended the Transportation Services Division for their recommendation, commented on the positive impacts of quality childcare services, and requested the support of the Council. MOTION: Adopt Resolution 07-77. Moved by Mayor Pro Tem Eric Bever, seconded by Council Member Wendy Leece. The motion carried by the following roll call vote: Ayes: Mayor Allan Mansoor, Council Member Linda Dixon, Mayor Pro Tem Eric Bever, Council Member Wendy Leece Noes: None. Absent: Council Member Katrina Foley VIII. OLD BUSINESS No Old Business scheduled. IX. NEW BUSINESS 1. Appointments and reappointments to various Council -appointed committees. a. Child Care and Youth Services Committee b. Cultural Arts Committee c. Fairview Park Friend/Fundraising Committee d. Historical Preservation Committee e. Investment Oversight Committee f. Redevelopment & Residential Rehabilitation (3R) Committee g. Costa Mesa Senior Corporation Board Assistant City Manager Thomas Hatch presented the staff report. Arlene Flanagan, President of the Costa Mesa Senior Corporation Board, thanked Recreation Manager Jana Ransom and Management Analyst Mark Taylor for their support after the Senior Center fire incident; requested that the Council consider all applications that were received to date. Aviva Goldman, Executive Director ' of the Costa Mesa Senior Center, thanked City staff for their support after the fire at the Senior Center; recommended Patricia Linsky, Judy Lindsay, and Kym Espinosa for appointment to the Senior Corporation Board. a. Child Care and Youth Services Committee The Mayor announced that there were no applications received. b. Cultural Arts Committee MOTION: Appoint Dennis Crane and Caryn Kallal as regular members; and appoint Ray Garcia as an alternate member to the Cultural Arts Committee. Moved by Mayor Pro Tem Eric Bever, seconded by Council Member Linda Dixon. The motion carried by the following roll call vote: Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council Member Linda Dixon, Council Member Wendy Leece Noes: None. Absent: Council Member Katrina Foley C. Fairview Park Friend/Fundraising Committee MOTION: Appoint John Anderson and Colin McCarthy as regular members to the Fairview Park Friend/Fundraising Committee. Moved by Council Member Linda Dixon, seconded by Mayor Pro Tem Eric Bever. The motion carried by the following roll call vote: Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council Member Linda Dixon, Council Member Wendy Leece Noes: None. Absent: Council Member Katrina Foley d. Historical Preservation Committee MOTION: Appoint John McQueen as a regular member; and appoint Christopher Bunyan as an alternate member to the Historical Preservation Committee. Moved by Council Member Wendy Leece, seconded by Council Member Linda Dixon. The motion carried by the following roll call vote: Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council Member Linda Dixon, Council Member Wendy Leece Noes: None. Absent: Council Member Katrina Foley e. Investment Oversight Committee MOTION: Appoint Terry Shaw as a regular member; and appoint Dave Stiller as an alternate member to the Investment Oversight Committee. Moved by Mayor Allan Mansoor, seconded by Council Member Linda Dixon. The motion carried by the following roll call vote: Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council Member Linda Dixon, Council Member Wendy Leece Noes: None. Absent: Council Member Katrina Foley f. Redevelopment & Residential Rehabilitation (3R) Committee MOTION: Appoint Bob Wakeham, Colin McCarthy, Arlene Schafer, Phil Morello, Jonathan Zich, and Cambria Briggs; and appoint Colin McCarthy and Mandip Samra as alternate members to the Redevelopment & Residential Rehabilitation (311) Committee. Moved by Mayor Allan Mansoor, seconded by Council Member Wendy Leece. The motion carried by the following roll call vote: Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council Member Linda Dixon, Council Member Wendy Leece Noes: None. Absent: Council Member Katrina Foley g. Costa Mesa Senior Corporation Board MOTION: Appoint Judy Lindsay and Patricia Linsky as regular members to the Costa Mesa Senior Corporation Board. Moved by Council Member Wendy Leece, seconded by Council Member Linda Dixon. SUBSTITUTE MOTION: Appoint James Fisler and Agnes Dubberly as regular members to the Costa Mesa Senior Corporation Board. Moved by Mayor Allan Mansoor. Motion died for lack of second. The motion carried by the following roll call vote: Ayes: Mayor Pro Tem Eric Bever, Council Member Linda Dixon, Council Member Wendy Leece Noes: Mayor Allan Mansoor Absent: Council Member Katrina Foley 2. Request for "Resident Onlv" parkina restriction on Drake Avenue. between St. Clair Street and Sonora Road, and on St. Clair Street, between Bear Street and Velasco Lane. (a) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DESIGNATING PERMIT PARKING ON DRAKE AVENUE AND ST. CLAIR STREET. The Transportation Services Manager summarized the staff report and responded to questions from the City Council. Cora Lim, Costa Mesa, commented on the lack of parking spaces due to the vehicles from the Bear Creek Apartments; reported on abandoned vehicles, problems with street sweeping and long-term parked cars. MOTION: Approve; authorized the Transportation Services Manager to extend the "resident only" parking restriction for a maximum of 1,000 feet in radius from the above streets based on Council's guideline requirements; and adopt Resolution No. 07-78. Moved by Mayor Pro Tem Eric Bever, seconded by Council Member Linda Dixon. The motion carried by the following roll call vote: Ayes: Mayor Allan Mansoor, Council Member Linda Dixon, Mayor Pro Tem Eric Bever, Council Member Wendy Leece Noes: None. Absent: Council Member Katrina Foley 3. Reauest for "Resident Only_ " parkina restriction on Capital Street, east of Pomona Avenue. (a). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DESIGNATING PERMIT PARKING ON CAPITAL STREET. The Transportation Services Manager summarized the staff report and responded to questions from the City Council. Council Member Dixon asked that the Council be notified of "Resident Only" parking restriction in a neighborhood relative to new projects in the area. Joe Zavala, Costa Mesa, reported on high traffic in his cul-de-sac and lack of enforcement and complained of the "boom -box" noise from the vehicles, suggesting a ban. Barbara Wilson, Costa Mesa, reported on numbers of homes, sober -living homes, and apartments in the area and pointed out the amount of traffic that is generated from the tenants. Mayor Mansoor and Mayor Pro Tem Bever expressed support of the recommendations and the idea of prohibiting boombox noise. Mayor Pro Tem Bever inquired on noise enforcement relating to motorcycles. Council Member Leece asked City staff to look into Capital Street for any code violations relating to garage use as living space. MOTION: Approve; authorize the Transportation Services Manager to extend the "resident only" parking restriction for a 1 1 1 maximum of 1,000 feet in radius of Capital Street as needed, with a qualifying petition; and Adopt Resolution No. 07-79. Moved by Mayor Allan Mansoor, seconded by Council Member Linda Dixon. The motion carried by the following roll call vote: Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council Member Linda Dixon, Council Member Wendy Leece Noes: None. Absent: Council Member Katrina Foley RECESS: The Mayor declared the meeting recessed at 8:16 p.m. AFTER RECESS: The Mayor reconvened the meeting at 8:25 p.m. 4. Urban Master Plan Screenina Request UMP -07-05 for 1036/1042 West 18th Street within the Mesa West Bluffs Urban Plan. Council Member Leece recused herself from the discussion claiming a conflict of interest due to her residential location within 500 feet of the proposed project and exited the meeting at 8:26 p.m. Assistant Planner Rebecca Robbins presented the staff report and responded to questions from the Council relating to setbacks, screenings, and size variables of the units. Mayor Pro Tem Bever expressed support of the project and indicated that it would be an improvement to the area. Bryan Coggins, applicant, presented a slide presentation and gave a brief overview of the project. He stated that it would be a live/work environmental friendly detached home community and spoke about the target audience, green building and drought resistance gardening. He pointed out that the project is less dense than what is allowed. Council Member Dixon commended the project and suggested the installation of elevators in some units. Kirsten Mangers -Flynn, President of the California SeaBreeze Home Owner's Association, Costa Mesa, noted the concerns of the HOA relating to traffic, trees that are 30 -years old surrounding the property, limited access of emergency vehicle or evacuation, structural heights and resident's privacy. She hoped to work with the applicant and requested the Council's consideration on the matter. The applicant reassured the Council that they are willing to work with the neighborhood regarding concerns and indicated that there is planned an emergency access behind the property. MOTION: Receive and file. - -_ Moved by Mayor Allan Mansoor, seconded_--by=Council Member Linda Dixon. - The motion carried by the following roll call vote: Ayes: Mayor Allan Mansoor, Mayor Pro Tem Eric Bever, Council Member Linda Dixon Noes: None. Abstain: Council Member Wendy Leece Absent: Council Member Katrina Foley (Council Member Leece returned to the Chambers at 8:52 p.m.) 5. Memorandum of Understanding with CCN USA LLC, for confirmation of the Citv's interest in exploring ` the possible installation of a Communitv Communications Svstem. Administrative Services Manager Steve Mandoki presented the staff report. Fred Armendariz, President and CEO of CCN USA, noted their company does not advertise and pointed out that the City would have complete approval of the contents that goes on the system and complete oversight on all screen locations with no financial exposure. In reference to questions from the Council, Mr. Armendariz spoke about the type of media content, market served, system locations, communication advantages and explained funding for the system. The Mayor expressed interest in discussions relating to a contract; but not limit to exclusive negotiation with CCN. Discussion ensued amongst the Council, City staff, and Mr. Armendariz relating to the City's interest and consideration of returning to a study session for further discussion. MOTION: Confirm interest in an MOU with CCN USA LLC; but not limit, negotiations exclusively with CCN USA LLC, and to return to a study session for discussion. Moved by Mayor Allan Mansoor, seconded by Council Member Wendy Leece. The motion carried by the following roll call vote: Ayes: Mayor Allah Mansoor, Council Member Linda Dixon, Mayor Pro Tem Eric Bever, Council Member Wendy Leece Noes: None. Absent: Council Member Katrina Foley X. REPORTS There were no reports. XI. ADJOURNMENT - The Mayor declared the meeting adjourned at 9:18 p.m. The next Regular City Council Meeting will be held November 6, 2007. Mayor of the City of Costa Mesa ATTEST:., City - lerk of the City of Costa Mesa 1