HomeMy WebLinkAbout04/18/2006 - City CouncilMINUTES
CITY COUNCIL
CITY OF COSTA MESA
April 18, 2006
REGULAR MEETING
Mayor Mansoor called the Regular Meeting of the City of Costa Mesa, California to
order at 5:OOp.m.
PRESENT: COUNCIL MEMBERS: ALLAN R. MANSOOR, MAYOR
ERIC R. BEVER, MAYOR PRO TEM
LINDA W. DIXON
KATRINA A. FOLEY
ABSENT: COUNCIL MEMBERS: GARY C. MONAHAN
ALSO PRESENT: ALLAN L. ROEDER, CITY MANAGER
KIMBERLY HALL BARLOW, CITY ATTORNEY
LINDA D. RUTH, INTERIM CITY CLERK
PUBLIC COMMENTS: There were no public comments.
CLOSED SESSION
1. Conference with Legal Counsel—Existing Litigation: Acosta vs City of Costa
Mesa, et al, Case No. SACV06-233 DOC (MLGx), pursuant to Government Code
Section 54956.9(a).
2. Public Employment—Chief of Police recruitment, pursuant to Government Code
Section 54957.
The Mayor declared the City Council recessed into Closed Session at 5:04 p.m.
AFTER RECESS AND AGENDA REVIEW STUDY SESSION: The Mayor reconvened
the meeting at 5:30 p.m., with all Council Members being present except Council
Member Monahan, for the purpose of conducting an agenda review study session. No
action was taken on any matter. The Mayor declared the meeting recessed at 5:55 p.m.
AFTER RECESS: The Mayor reconvened the Regular Meeting of the City Council at
6:00 p.m.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Bever led the assembly in the Pledge of
Allegiance to the Flag.
MOMENT OF SOLEMN EXPRESSION: The Mayor requested the audience to remain
silent for a moment of solemn expression and to remember those in the military who are
preserving our freedoms.
ROLL CALL: The Mayor requested the Interim City Clerk to call the roll:
PRESENT: COUNCIL MEMBERS: ALLAN R. MANSOOR, MAYOR
ERIC R. BEVER, MAYOR PRO TEM
LINDA W. DIXON
KATRINA A. FOLEY
ABSENT: COUNCIL MEMBERS: GARY C. MONAHAN
ALSO PRESENT: ALLAN L. ROEDER, CITY MANAGER
KIMBERLY HALL BARLOW, CITY ATTORNEY
LINDA D. RUTH, INTERIM CITY CLERK
DONALD LAMM, DEVELOPMENT SERVICES DIRECTOR
WILLIAM MORRIS, DIRECTOR OF PUBLIC SERVICES
MEL LEE, SENIOR PLANNER
CLOSED SESSION REPORT: There was nothing to report
INTRODUCTIONS: Mayor Mansoor asked the City Manager to make two introductions.
Mr. Roeder introduced Tom Hatch, the new Assistant City Manager, and Linda Ruth,
the Interim City Clerk.
PRESENTATIONS
1. Mavor's Award for April: The Mayor presented Devin Fairbarn with a Certificate
and gift and congratulated him on being a concerned citizen; he encountered a
toddler walking alone on the street, called the Police, and waited with the child
until the Police arrived.
2. Emplovee of the Month: The Mayor recognized Stephanie Smith as the
Employee of the Month; she was first on the scene of a house fire, checked to
see that there were no occupants in the home, and then proceeded to release
and recapture three dogs trapped in the backyard. The Mayor thanked her for
her bravery and service.
3. Sister Citv Student Exchange Program: Chad Kooner and Carolina Barnes,
seniors at Estancia High School, traveled to Australia as last Summer's youth
ambassadors under the Sister City Student Exchange Program. Mr. Kooner
gave a slide show presentation and commented on their experiences. Sue Smith
introduced next year's student participants.
PUBLIC COMMENTS
1. John Earl, Huntington Beach, gave a brief overview of the history and culture of
the Minuteman Project. He referred to the founder of the Minuteman 'Project, Jim
Gilchrist, who was in the audience.
2. Anne Hogan-Shereshevsky, Costa Mesa, requested a copy of the Voter Survey
of Undergrounding Utilities Revenue Measure; requested that leaf blowers be
banned in the City; thanked the City for providing the dead battery receptacle in
the Senior Center building and encouraged everyone to fill the dead battery
bucket by Saturday, Earth Day.
3. Allan Beek, Newport Beach, commented on the outsourcing of American jobs to
overseas businesses; average family income has been decreasing since 1970;
and that business should bring labor here to do the jobs.
4. Dave Salcido, Costa Mesa, spoke in opposition to immigration and rerninded the
City Council that one year ago he suggested that the City send a letter to
President Bush about illegal immigration.
5. Michael Berry, Costa Mesa, requested more playing fields. He noted that at a
recent Parks and Recreating Commission meeting the subject of additional lights
was discussed and he expressed his concern that half of the people in the
organized leagues were not from Costa Mesa.
6. Charlene Ashendorf, Costa Mesa, commented on a newspaper article in which
the Mayor mentioned her name as serving on a committee. She stated that she
never served on the committee that was mentioned but was proud to be linked
with that committee. She commented that she had written a letter to the Mayor
and City Council regarding the 3R Committee, but only received a response from
Council Member Foley.
7. Scott Sink, Santa Ana, expressed his opposition to the ICE- proposal and
requested rescission of the ICE proposal.
8. Humberto Caspa, Costa Mesa, spoke to Chief Hensley's resignation; expressed
opposition to the ICE Proposal; commented on Council appointees to
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COUNCIL MEMBERS REPORTS, COMMENTS. AND SUGGESTIONS
Council Member Katrina Folev
1. She thanked Sister City Exchange Students from Estancia High School for their
presentation and congratulated next year's participants; she noted that she
served on the committee to select next year's students.
2. Referred to the Ribbon Cutting ceremony this date for the Fairview Park Bridge.
3. Requested that the Police Department make a presentation relating to vehicle
theft at a future study session and to inform the community of the presentation.
4. Asked when the gang prevention program would be reviewed; City Manager
advised Police Department would be making a presentation at a Budget Study
Session; and requested that the community be advised.
5. Congratulated Boy Scouts Goat Hill Troop on earning their Constitutional Merit
Badge; noted she made a presentation to them on Constitutional law.
Council Member Linda Dixon
Noted the 100th Anniversary of the San Francisco Earthquake and submitted a
Survival List of items for home, car, and work; requested list to be posted on the
City's website.
committees/commissions; and responded to the Mayor Pro Tem that he does
recite the Pledge of Allegiance at the meeting.
9.
Jim Gilchrist, Aliso Viejo, founder of the Minuteman Project, commended the
Council for approving the ICE proposal, despite the criticism some members of
the public have expressed.
10.
Bob Holtzclaw, Lake Forest, expressed his support of the ICE proposal and
thanked the Mayor and City Council for approving it.
11.
William Orton, Costa Mesa, expressed his general support of the policies that the
majority of the City Council has proposed, but questioned'the leadership of the
Mayor relating to a certain committee.
12.
Wendy Leece, Costa Mesa, expressed her support for the ICE proposal; her
concern about crime on the west side of the City, noting she always perused the
Police log in the newspaper; the high volume of vehicle thefts; and graffiti on
sidewalks and buildings.
13.
Chris Blank, Costa Mesa, advised that residents from a neighboring city use City
ball fields and believed they should be used only by Costa Mesa residents;
expressed the opinion that the City should issue resident cards; and expressed
his disappointment with approval of the ICE proposal.
14.
Martin Millard, Costa Mesa, stated he is a free speech advocate and referred to
previous speakers this evening who did not share the same philosophy; and
encouraged the City Council to keep up the good work.
15.
Gisselle Suazo, Costa Mesa, thanked Council Members Foley and Dixon for not
supporting the ICE proposal, nor the Chiefs recommendation to spend $200,000
on the program; and commented that the focus should be on education and
enforcement of the law at the business/ corporate level.
16.
Harvey Berger, Newport Beach, referred to a recent TV show on the pros and
cons of the immigration issue; discussed California/Mexican border conditions;
spoke about legal and illegal immigrants; the right of the United States to guard
their borders; and expressed his frustration with illegal immigrants demanding
American citizenship, noting his wife had to wait for years before she was
naturalized.
17.
Betsy Bacas, Costa Mesa, complimented the Art Commission on staging the
Artist Showcase, noting the opportunity to see local artists' work; offered
constructive criticism about advertising the event and the possibility of opening it
to artists from surrounding areas.
COUNCIL MEMBERS REPORTS, COMMENTS. AND SUGGESTIONS
Council Member Katrina Folev
1. She thanked Sister City Exchange Students from Estancia High School for their
presentation and congratulated next year's participants; she noted that she
served on the committee to select next year's students.
2. Referred to the Ribbon Cutting ceremony this date for the Fairview Park Bridge.
3. Requested that the Police Department make a presentation relating to vehicle
theft at a future study session and to inform the community of the presentation.
4. Asked when the gang prevention program would be reviewed; City Manager
advised Police Department would be making a presentation at a Budget Study
Session; and requested that the community be advised.
5. Congratulated Boy Scouts Goat Hill Troop on earning their Constitutional Merit
Badge; noted she made a presentation to them on Constitutional law.
Council Member Linda Dixon
Noted the 100th Anniversary of the San Francisco Earthquake and submitted a
Survival List of items for home, car, and work; requested list to be posted on the
City's website.
Mavor Pro Tem Eric Bever
1. Thanked Ms. Baca on her comments made about the Artist Showcase; noted
that the Art Show is a work in progress and advertising and expansion of the
event is being reviewed.
2. Noted local comments made about the ICE MOU, and referred to the adopted
L.A. Sheriff's ICE MOU which has proven not to be redundant.
Mavor Allan Mansoor
1. Clarified that City Council as a whole makes appointments to committees and not
individual Council Members; noted his support for a request to City Attorney for
appointment criteria guidelines.
2. Noted that he had met with Charlene Ashendorf, but would be happy to meet
with her again on current issues; apologized for inaccurate statement about
service on a commission.
3. Requested the City Manager to review permitted construction -hours.
CONSENT CALENDAR ITEM NOS. 1 THROUGH 10
Mayor Mansoor noted that the Interim City Clerk requested withdrawal of Item No. 2;
Council Member Foley removed Item No. 9; and Council Member Bever removed Item
No. 6.
MOTION: On motion by Council Member Mansoor, seconded by Council Member
Dixon, the City Council took the following actions on the following Consent Calendar
items:
Written Communications
1. The following claims were received and processed: Celia Low; Nicole Martinez;
Wayne Paul Miller; and Susan Winscott.
The following Alcoholic Beveral Control Licenses were received and processed:
Andre Boudin Bakeries Inc. DBA: Boudin SF, 3333 Bristol Street, Suite 1000, Costa
Mesa, for an original application of a Type 41 ABC license (on -sale beer and wine
for a bona fide eating place).
KSDB Inc. DBA: Chronic Cantina Sports Bar & Grill, 1870 Harbor Boulevard, A210,
Costa Mesa, for a fiduciary transfer of a Type 47 ABC license (on -sale general for a
bona fide eating place).
Dragonette John Anthony DBA: Dragonette Cellars, 3143 Samoa Place, Costa
Mesa, for an original application of a Type 17 license (beer and wine wholesale) and
Type 20 license (off -sale beer and wine).
Joon & Joo USA Investments, Inc. DBA: Ooiso Restaurant, 488 East 17th Street,
B104, Costa Mesa, for a person-to-person transfer of a Type 41 license (on -sale
beer and wine for a bona fide eating place).
The following report from Development Services was received and processed: 2006
Annual Report of the City of Costa Mesa 2000 General Plan.
Warrants
3. Adopted Warrant Resolution 2104, approving the funding of City operating
expenses in the amount of $784,772.20.
4. Adopted Warranted Resolution No. 2105, approving the funding of Payroll No.
607 in the amount of $2,192,001.95 and Payroll No. 606A for negative
$2,484.60, and City operating expenses in the amount of $1,114,423.97.
Administrative Actions
5. Approved and authorized the Mayor and City Clerk to execute an Agreement with
Hazelrigg Risk Management Services, Inc.,14275 Pipeline Avenue, Chino for
Third Party Administration Claim Services for self-insured Workers'
Compensation Programs, for the term of April 1, 2006 to December 31, 2006.
7. Accepted completion of the work for construction of the Fairview Park Bicycle
Pedestrian Bridge, Project No. 05-17, by Sol Construction, Inc., 231 East
Alessandro Boulevard, Suite A405, Riverside; authorized the City Clerk to file a
Notice of Completion; authorized release of retention funds 35 days thereafter;
authorized exoneration of the Labor and Material Bond seven months thereafter;
exonerated Performance Bond 12 months thereafter.
8. Authorized the City Attorney to review the Bail Schedule for the purposes of
updating the current amounts and include unlisted chargeable sections.
10. Adopted the following resolution entitled:
RESOLUTION NO. 06-37. A RESOLUTION OF THE CITY OF COSTA MESA,
CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE
RECORDS DIVISION OF THE POLICE DEPARTMENT OF THE CITY OF
COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60.
Council Member Monahan absent. MOTION CARRIED. The Mayor declared
Resolution No. 06-37 duly passed and adopted.
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. Minutes: The Interim City Clerk removed and withdrew submission of the April 4,
2006 Minutes from the Consent Calendar.
6. Agreement with 3D/International, Inc., City -owned building evaluation services:
Mayor Pro Tem Bever removed the matter from the Consent Calendar
Martin Millard requested retaining walls in the City be included in the agreement.
MOTION: On motion by Council Member Mansoor, seconded by Council
Member Dixon, the City Council approved and authorized the Mayor and City
Clerk to execute an agreement with 3D/International, Inc., 12100 Wilshire
Boulevard, Suite 1950, Los Angeles, in an amount not to exceed $75,000, for
City -owned building evaluation services. Council Member Monahan absent.
MOTION CARRIED.
9. Prequalification Program—Police Facility Expansion and Renovation Project:
Council Member Foley removed the matter from the Consent Calendar.
In response to Council Member Foley, City Manager Roeder advised there would
not be an adverse impact on the timeline for construction of the project.
MOTION: On motion by Council Member Mansoor, seconded by Council
Member Dixon, the City Council adopted the following resolution entitled:
RESOLUTION NO. 06-36: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ADOPTING A PREQUALIFICATION
PROGRAM INCLUDING PREQUALIFICATION STATEMENT, UNIFORM
SYSTEM OF RATING, AND APPEAL PROCEDUDRE, PURSUANT TO PUBLIC
CONTRACT CODE SECTION 10163 FOR CONSTRUCTION OF THE POLICE
FACILITY EXPANSION AND RENOVATION PROJECT.
Roll Call Vote:
AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, AND
FOLEY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MONAHAN
Council Member Monahan absent. MOTION CARRIED. The Mayor declared
Resolution No. 06-36 duly passed and adopted.
PUBLIC HEARING
CONTINUED PUBLIC HEARING: PLANNING APPLICATION PA -05-42, 2590
ORANGE AVENUE, JIM CEFALIA, APPLICANT
PA -05-42, development review to construct two, detached, two-story, 3,200 square foot
residences on property located at 2590 Orange Avenue, in a R2 -MD zone with a
variance from minimum lot size requirements (12,000 square feet required,
approximately 4,000 square feet per lot proposed), lot width requirements (1 100 feet
required, 58 feet and 62 feet proposed), and consideration of Susannah Place, instead
of Orange Avenue, as the front of Parcel 2; Jim Cefalia, applicant, and Pete Volbeda,
agent. Environmental determination: Exempt. Report submitted by the Development
Services Department/Planning Division is on file in the City Clerk's office.
The Interim City Clerk announced that the public hearing on Planning Application PA -
05 -42 was continued from the March 21, 2006 meeting. Review of the Planning
Commission's decision had been requested by Council Member Dixon, and public
hearing scheduled and continued from the meetings of March 7 and 21, 2006 to this
date. The Interim City Clerk reported that the Affidavits of Publication and Mailing were
on file in the City Clerk's office. She advised that a request for continuance from the
applicant had been received.
Mayor Mansoor acknowledged the request for continuance and asked the applicant if it
was his architect's intent to submit a project consistent with the guidelines discussed at
the March 21St City Council meeting. Following a brief discussion with the City Council,
Mr. Cefalia responded that he did not want to change his project.
MOTION: On motion by Council Member Mansoor, seconded by Council Member
Dixon, the City Council denied the request for continuance of the public hearing.
Council Member Monahan absent. MOTION CARRIED.
Mayor Mansoor opened the public hearing and asked if anyone wished to address the
City Council on the matter.
The following persons spoke:
1. Teresa Catlin, a resident on Orange Avenue, stated she was opposed to the
variance requests and emphasized insufficient parking was available in the area
now.
2. Victor Paxton, a resident on Susannah Place, noted the neighborhood was
composed of residents who have lived there for 20 and 30 years in single -story
homes and did not wish to see the neighborhood change.
3. Richard Nelson, a resident of Susannah Place, opined that the proposed project
would alter the appearance of the neighborhood and pointed out that General
Plan policies state that the character of the established neighborhood should be
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preserved and that proposed structures should be compatible with the existing
neighborhood.
4. Norm Glass, a resident of Susannah, encouraged the City Council to retain
Orange as the frontage street, to require the project to have a common driveway
for the two units, and to retain the limited off-site parking spaces that were now
available.
5. Dana Elrich, a resident of Susannah Place, believed that a precedent would be
set if the project were approved as requested. He encouraged the City Council
not to use their neighborhood to set a new precedent for Costa Mesa.
6. Aaron Nelson, a resident of Susannah Place, stated that the requested variances
were excessive, the project would negatively impact the appearance of the
neighborhood and would reduce the limited parking spaces now available.
7. Jennifer Friend of Selman Breitman, attorney representing the applicant, stated
that the units satisfy applicable Building and Zoning Code requirements, the
project would have seven percent more open space and would not be over-
developed. She further stated the issue was whether or not the applicant could
subdivide his property into two lots.
Mayor Mansoor asked if anyone else wished to address the City Council; hearing no
response, he closed the public hearing.
Council discussion ensued. Mayor Pro Tem Bever stated he understood -the applicant's
property rights and the rights of the neighborhood and that in his opinion the
neighborhood was on the verge of change. He believed the main issue was parking.
He suggested that the residents petition the City for resident permit parking. In
response to Mayor Pro Tem Bever, Senior Planner Mel Lee advised that the applicant
could submit an application to construct two units, either as rental units or a two -unit
common interest development, which would not be subject to a public hearing, provided
compliance with Code requirements.
MOTION: On motion by Council Member Dixon, seconded by Council Member
Mansoor, the City Council adopted Resolution No. 06-38 entitled:
RESOLUTION NO. 06-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
COSTA MESA REVERSING THE DECISION OF THE PLANNING COMMISSION AND
DENYING PLANNING APPLICATION PA -05-42.
Mayor Pro Tem Bever stated he could not support the motion because he disagreed
with the proposed findings for the project.
Roll Call Vote:
AYES: COUNCIL MEMBERS: MANSOOR, DIXON, AND FOLEY
NOES: COUNCIL MEMBERS: BEVER
ABSENT: COUNCIL MEMBERS: MONAHAN
Council Member Monahan absent. MOTION CARRIED. The Mayor declared
Resolution No. 06-38 duly passed and adopted.
RECESS: The Mayor declared the meeting recessed at 8:22 p.m.
AFTER RECESS: The Mayor reconvened the meeting at 8:40 p.m., with all Council
Members being present, except Council Member Monahan.
OLD BUSINESS
1. ORDINANCE NO. 06-7: AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFONRIA, ADOPTING ZONING CODE
AMENDMENT CO -06-13 THAT AMENDS TITLE 13 OF THE COSTA MESA
MUNICIPAL CODE REGARDING DENSITY BONUSES AND OTHER
INCENTIVES.
The Interim City Clerk read the title of Ordinance No. 06-7 which was introduced for first
reading at the April 4, 2006 meeting.
MOTION: On motion by Council Member Mansoor, seconded by Council Member
Dixon, the City Council waived further reading and adopted Ordinance No. 06-07.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
MANSOOR, BEVER, DIXON, AND FOLEY
NONE
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MOTION CARRIED. The Mayor declared Ordinance No.. 06-7 duly passed and
adopted.
2. ORDINANCE NO. 06-8: AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ADOPTING PETITION R-05-05,
CHANGING THE ZONING OF THE NORTHWESTERLY PORTION OF 1941
CHURCH STREET TO GENERAL BUSINESS (C2) TO ACCOMMODATE A LOT
LINE ADJUSTMENT.
The Interim City Clerk read the title of Ordinance No. 06-8 which was introduced for first
reading at the April 4, 2006 meeting.
MOTION: On motion by Council Member Dixon, seconded by Council Member Bever,
the City Council waived further reading and adopted Ordinance No. 06-08.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
MANSOOR, BEVER, DIXON, AND FOLEY
NONE
MONAHAN
MOTION CARRIED. The Mayor declared Ordinance No. 06-8 duly passed and
adopted.
3. ORDINANCE NO. 06-9: AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ADOPTING ZONING CODE
AMENDMENT CO -05-05 THAT AMENDS TITLE 13 OF THE COSTA MESA
MUNICIPAL CODE REGARDING A MIXED-USE OVERLAY DISTRICT.
The Interim City Clerk read the title of Ordinance No. 06-9 which was introduced for first
reading at the April 4, 2006 meeting.
The following persons spoke to the adoption of the Ordinance:
1. Eileen McCarthy, Santa Ana, staff attorney with Public Law, stated her comments
pertained to Old Business Item Nos. 3 through 5 relating to Mixed -Used Overlay
Districts. She spoke on behalf of those in need of affordable housing and
commented on State Housing/Community Development reports. She expressed
her concern about the lack of meeting affordable housing needs and on
establishing a certain percentage of required units to be made available for
families of low and very low income.
2. Jean Forbath, Costa Mesa, expressed concern about no requirement included in
the plan for affordable housing on the west side of the City.
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3. Martin Millard, Costa Mesa, expressed his support for Old Business Item Nos. 3
through 5. He spoke on eliminating the Newport border and undergrounding the
55 Freeway down to 15th Street.
The Mayor expressed his support for adoption of the Ordinances (06-9 through 06-11),
since it would create more housing.
In response to Council Member Dixon, City Attorney Barlow stated the City could
request a developer to provide a certain percentage or number of units for affordable
housing, but could not compel them to do so.
In response to Mayor Pro Tem Bever, the City Attorney stated the City does not have an
inclusionary ordinance and if one were to be considered, it would have to be Citywide.
Mayor Pro Tem Bever asked the City Manager if staff could submit an application to
LAFCO to obtain a Sphere of Influence over the Banning Ranch property. City Manager
Roeder responded that the City Council could authorize application, if it so desired.
Council Member Foley questioned if the City was in complete compliance with REHNA
requirements. Development Services Director Lamm emphasized that Costa Mesa was
considered a built -out City, but that the City was promoting overlay zoning in an attempt
to provide more housing. REHNA determines the number of units they believe the City
should strive to achieve to provide, but they are not mandated numbers. Mr. Lamm
noted that the City's Housing Element has been certified by the State and that the next
review of the Housing Element would be in 2008.
Council Member Bever noted that at the last meeting, the City Council discussed
including the property at the southwest corner of Victoria and Placentia in the
Ordinances, but that it would take an amendment. He requested staff to initiate an
amendment.
MOTION: On motion by Council Member Mansoor, seconded by Council Member
Bever, the City Council waived further reading and adopted Ordinance No. 06-09.
Roll Call Vote:
AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, AND FOLEY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MONAHAN
MOTION CARRIED. The Mayor declared Ordinance No. 06-9 duly passed and
adopted.
4. ORDINANCE NO. 06-10: AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ADOPTING OVERLAY ZONE
PETITION R -05-06A FOR A MIXED-USE OVERLAY DISTRICT IN THE
SOBECA URBAN PLAN AREA LOCATED SOUTH OF BAKER STREET, EAST
OF THE SR -73 FREEWAY, AND NORTH OF THE INTERSECTION OF THE
SR-73/SR-55 FREEWAYS.
The Interim City Clerk read the title of Ordinance No. 06-10 which was introduced for
first reading at the April 4, 2006 meeting.
Mike Berry, Costa Mesa, spoke on housing affordability and the advantages of the live
and work environment in the home.
MOTION: On motion by Council Member Mansoor, seconded by Council Member
Bever, the City Council waived further reading and adopted Ordinance No. 06-10.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS
MANSOOR, BEVER, DIXON, AND FOLEY
NONE
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MOTION CARRIED. The Mayor declared Ordinance No. 06-10 duly passed and
adopted.
5. ORDINANCE NO. 06-11: AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ADOPTING OVERLAY ZONE
PETITION R -05-06b FOR A MIXED-USE OVERLAY DISTRICT IN THE
WESTSIDE URBAN PLANS AREA, GENERALLY BOUND BY WILSON
STREET (NORTH), HARBOR BOULEVARD AND SUPERIOR BOULEVARD
(EAST), AND THE CITY'S CORPORATE LIMITS (WEST/SOUTH).
The Interim City Clerk read the title of Ordinance No. 06-11 which was introduced for
first reading at the April 4, 2006 meeting.
Harvey Berger expressed support for the Ordinance, noting that it would provide an
opportunity to turn older rental units into single-family units.
MOTION: On motion by Council Member Mansoor, seconded by Council Member
Bever, the City Council waived further reading and adopted Ordinance No. 06-11.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS
MANSOOR, BEVER, DIXON, AND FOLEY
NONE
MONAHAN
MOTION CARRIED. The Mayor declared Ordinance No. 06-11 duly passed and
adopted.
NEW BUSINESS
Survev results for funding mechanisms to underground overhead utilities
Citvwide.
Director of Public Services William Morris introduced Josh Williams of Godbe Research,
who conducted the Voter Survey of Undergrounding Utilities Revenue Measure (on file
in the City Clerk's Office). He reviewed the Survey results, using a slide show
presentation. Mr. Williams noted that the Survey interviews were conducted between
March 24 and 27, 2006, and were about 20 minutes induration.
Mayor Pro Tem Bever inquired if the Survey question 'relating to the Transient
Occupancy Tax (TOT) included any reference to the fact that increasing the TOT could
make the hotels in the City less competitive in the market, to which Mr. Williams
responded in the negative.
Mayor Mansoor asked if anyone in the audience wished to address the City Council on
the matter:
The following persons spoke:
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1. Robert Graham, Costa Mesa, expressed his support for underground utilities, noting
the potential increase in home values as a result. He believed that the press and the
public needed to be educated on the merits of such an endeavor.
2. Betsy Bacas, Costa Mesa, believed that the public was not interested in paying for
undergrounding utilities, but she did support the TOT and sales tax approach. She
expressed her opinion that the 20 -minute interview was too long.
Mayor Pro Tem Bever stated that when an area is rebuilt, utilities should be
undergrounded pursuant to Code requirements. He also congratulated staff on the high
90 percent community approval rate on delivery of municipal services.
Mayor Mansoor also expressed his appreciation to staff for their high performance
rating by the community. The Mayor stated that he believes their needs to be a clear
purpose expressed by the City if an undergrounding project were to be proposed. He
advised that one of his goals in supporting the Survey was to determine what people
want, if they are willing to pay for it, or how much they were willing to pay. Mayor
Mansoor stated that if 'a revenue measure were passed, perhaps arterials could be
undergrounded first and any money left over could be used to support assessment
districts, thus reducing the cost to property owners.
Council Member Dixon advised that people with whom she spoke did not favor
undergrounding utilities. She commented that those surveyed were in favor of having it
done, but did not want to pay for it. She believed that education of the public,
particularly about the TOT, was key in getting an undergrounding utilities revenue
measure passed.
Council Member Foley stated that although she did not see a groundswell of support
this evening, she also believed the public wanted undergrounding, but did not want to
pay for it. She also believed that formation of assessment districts should be discussed.
She asked the City Manager if a presentation on the formation of assessment districts
could be agendized for a future Study Session. She cautioned that if a City revenue
measure was placed on the November ballot, it would be competing against Measure M
which would also provide monies for other City projects.
In response to the City Council, City Manager Roeder advised that formation of an
assessment district could be initiated by the City or residents. He stated Newport
Beach had recently instituted a process for determining if it was feasible to form an
assessment district in a particular area before actually starting the legal formation
process.
Director of Public Services Bill Morris advised that the City has a process in place,
modeled after the Newport Beach model.
MOTION: On motion by Council Member Mansoor, seconded by Council Member
Foley, the Voter Survey of Undergrounding Utilities Revenue Measure, was ordered
received and filed. Council Member Monahan absent. MOTION CARRIED.
2. Appointments and reappointments to various Council -appointed standing
Committees (Child Care and Youth Services Committee, Cultural Arts Committee,
Fairview Park Friend/Fundraising Committee, :Historical Preservation Committee,
and the Investment Oversight Committee)
The City Council considered the matter at the beginning of the meeting and determined
they wished to continue the matter, pending receipt -of -guidelines being prepared by the
City Attorney.
MOTION: On motion by Council Member Bever, seconded by Council Member
Mansoor, the City Council continued appointments/reappointments to various Council -
appointed standing committees to the May 2, 2006 meeting.
In response to Council Member Dixon, City Attorney Kimberly Barlow advised that she
is preparing guidelines for interviewing prospective committee/commission candidates
and would be providing the guidelines to the City Council in the very near future. Ms.
Barlow advised the guidelines would contain appropriate questions to ask and what the
City Council may consider in making appointments.
Council Member Foley stated she could not support the motion, since she believed that
each Council Member was obliged to talk to candidates.
Mayor Mansoor stated he believed a two-week delay was reasonable. Mayor Pro Tem
Bever advised that comments from the public have been received relating to
appointments made by prior City Councils. Therefore, he was desirous of receiving
some legal parameters from the City Attorney.
A vote was taken on the foregoing motion. Council Member Foley voted "NO". Council
Member Monahan absent. MOTION CARRIED.
REPORTS
Citv Attornev
Brandt vs. Citv of Costa Mesa: The City Attorney reported that the City prevailed in the
Brandt vs. City of Costa Mesa case relating to installation of City entrance signs.
Citv Manaaer
No report given.
ADJOURNMENT: The Mayor declared the meeting adjourned at 10:10 p.m.; the next
Regular Meeting will be held May 2, 2006.
BY: LINDA D. RUTH, INTERIM CITY CLERK
Allan R. Mansoor, Mayor
ATTEST:
Julie cik, City CI r
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