HomeMy WebLinkAbout11/16/1998 - City CouncilREGULAR MEETING OF THE CITY COUNCIL
CITY OF .COSTA MESA
NOVEMBER 16, 1998
The City Council of the City of Costa Mesa, California, met in
regular session November 16, 1998, 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 Mayor Pro Tem
-Monahan, and invocation by Minister Andrew Wall, Church of
Christ.
ROLL CALL Council Members Present: Mayor Peter Buffa
Mayor Pro Tem Gary Monahan
Council Member Joe Erickson
Council Member Libby Cowan
Council Member Heather Somers
Council Members Absent: None
Officials Present: City Manager Allan Roeder
City Attorney Thomas Kathe
Deputy City Manager/Development
Services Donald Lamm
Public Services Director William
Morris
Acting Communications Director
Jerry Verwolf
Deputy City Clerk Mary Elliott
MINUTES A motion was made by Council Member Erickson, seconded
November 2, 1998 by Council Member Cowan, and carried 5-0, to approve the
minutes of the regular meeting of November 2, 1998, with the
following modifications: delete the comment "that there are
no variances involved with the project", as referenced on line
7, paragraph 2, page 1, regarding PA -98-50, Harbor Center;
and regarding Community Ambulance Transport Service
Needs, paragraph 9, page 5, reflect in the motion that it was
Council's intent to approve Budget Adjustment No. 99-38 for
$30,000.00.
ORDINANCES AND A motion was made by Council Member Erickson, seconded
RESOLUTIONS by . Council Member Somers, and carried 5-0, to read all
ordinances and resolutions by title only.
PRESENTATION
Beikoku Ueki
Sentei Kai
Proclamation
PRESENTATION
1999/2000 Grand
Jury Recruitment
Mayor Buffa read a proclamation recognizing Beikoku Ueki
Sentei Kai, a division of Orange Coast Optimist Club, for their
commitment and dedication in maintaining the City Hall's
Japanese garden for 24 years. The Mayor presented the
document to Hirozo Imai, Chairman of the Club, who
introduced four other club members.
Mayor Buffa announced that a presentation would be given by
Judge Frances Munoz, Harbor Justice Center, 4601 Jamboree
Road, Newport Beach, regarding the 1999/2000 Grand Jury
Recruitment. Judge Munoz outlined the process and
requirements for the Grand Jury selection and stated that
applications are currently being accepted through January
29, 1999, for the 1999/2000 Grand Jury. Mayor Buffa stated
that the public can obtain an application through the City
Manager's office.
PRESENTATION Mark Korando, 582 Park Drive, Costa Mesa, representing
Habitat for Habitat for Humanity of Orange County, commended the
Humanity volunteers, City staff, and the community for their support in
building the Habitat for Humanity house at 212 Del Mar
Avenue. He presented Council with t -shirts from Habitat for
Humanity and their ten-year anniversary commemorative pins.
Mayor Buffa felt that the single-family home is a fine addition
to the neighborhood and recognized the Synder Langston
Company for donating their expertise and resources towards
the project.
ORAL COMMUNI- Suzanne Gadow, 863 West 20th Street, Costa Mesa,
CATIONS/West President, 19th to the Beach Committee, stated that the West
19th Street Ex- 19th Street bridge! should be considered in any revitalization
tension plan for that area. She asked if Council would consider
recognizing their committee as an official City committee.
Mayor Buffa explained that a Council Member would need to
request that this item be placed on a future agenda for Council
consideration.
The following persons supported the extension of West 19th
Street: Robert Graham, 3260 Dakota Avenue, Costa Mesa;
Phil Morello, 1715 Samar Drive, Costa Mesa; Jo Ann Reinholt,
1823 Tanager Drive, Costa Mesa, owner of property on the
west side of Costa Mesa; and Cathy Waters, 1925 Wallace
Avenue, Costa Mesa.
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The following persons opposed the extension of West 19th
Street: Sandi Ames, 1930 Whittier Avenue, Costa Mesa; Ed
Feierabend, 9681 ;Melinda Circle, Huntington Beach; Jeffrey
Childs, 1139 Aviemore Terrace, Costa Mesa, Acting President,
Marina -Highland Homeowners Association; Roy Pizarek,_ 1923
Whittier Avenue, Costa Mesa; Jeff McConville, 466 East 19th
Street, Costa Mesa; Sandra Genis, 1586 Myrtlewood Street,
Costa Mesa; and Peter Campbell, 215 East 19th Street, Costa
Mesa.
Council Member Cowan stated that the community will have
an opportunity to ;review alternatives to the bridges after the
Santa Ana River Crossings (SARX) Study and the West Side
Specific Plan have been completed. She also encouraged
residents to participate in the community input process with
these two studies.'
City Procedures Tamar Goldmann, ; 2324 College Drive, Costa Mesa, asked
about the procedure for the request for rehearing of Planning
Application PA -98=50, Harbor Center. The Mayor responded
that it would be explained when the item is announced.
"World AIDS Ric Uggen, 928 Mackenzie Place, Costa Mesa, spoke on
Day" behalf of the AIDS Services Foundation of Orange County,
and asked that Council recognize December 1, 1998, as
"World Aids Day" ,in the City of Costa Mesa. He introduced
Denise Lawigre, 2637 Elden Avenue, Costa Mesa, an HIV
victim.
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RECOGNITION Mayor Buffa recognized former Mayor Pro Tem Jay Humphrey;
and Jim Ferryman, President, Newport -Mesa Unified School
District, and Sanitary District Board Member.
CONSENT On motion by Council Member Erickson, seconded by Council
CALENDAR Member Cowan, and carried 5-0, all Consent Calendar items
MOTION/Approved were approved as recommended.
READING FOLDER The following Reading Folder items were received and
processed:
Claims Claims received by the Deputy City Clerk: Carol Gladych;
Dewayne Neufeld; and Melvin Potts.
Alcoholic Beverage Alcoholic Beverage Control (ABC) License Requests:
Control (ABC)
Licenses New Cost Market, 2228 Newport Boulevard, for a person-
to-person transfer of a Type 20 ABC license (off -sale beer
and wine).
Clubhouse Restaurant, 3333 Bristol Street, Suite 2802, for
a person-to-person transfer of a Type 47 ABC license (on -
sale general for a bona fide eating place).
BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose
Approved Permit from Keiro Services/Japanese Chamber of Commerce, 325
for Keiro Services/ South Boyle Avenue, Los Angeles, by soliciting funds inside
Japanese Chamber the Yaohan Supermarket, 665 Paularino Avenue, Costa Mesa,
of Commerce from December 1 through December 31, to provide care for
senior citizens in the Los Angeles and South Bay areas, was
approved pursuant to Municipal Code Section 9-127(d).
WARRANTS The following warrants were approved: Warrant Resolution
Approved Warrant 1718, funding City operating expenses for $645,137.75; and
1718/Payroll 822, Payroll 822 for $1,499,904.97, and Warrant Resolution 1719,
and Warrant 1719 funding City operating expenses for $238,217.17.
REJECTED CLAIM The claim from Chris Harrison Decker (alleged misapplication
Decker of Megan's Law by Police Department), was rejected.
ADMINISTRATIVE An agreement was approved with the City of Newport Beach,
ACTIONS/Approved 3300 Newport Boulevard, Newport Beach, for the processing
Agreement with of parking citations and associated administrative reviews and
City of Newport hearings, for a five-year period ending June 30, 2003, and the
Beach for Parking City Manager was authorized to sign on behalf of the
Citation Hearings City.
Approved Agree- An agreement was approved with Tatsumi and Partners,
ment with Tatsumi 20250 Acacia Street, Newport Beach, for $26,552.00, for
for Design of Field design of field improvements at TeWinkle Middle School, and
Improvements at the Mayor and Deputy City Clerk were authorized to sign on
TeWinkle School behalf of the City.
Accepted 1-405/ 1-405/Harbor Boulevard/South Coast Drive Street
Harbor Blvd./South Improvements, Project No. 97-03, Federal Project No. STPLN-
Coast Dr., Street 5312(013), were completed to the satisfaction of the Public
Improvements, Services Director on April 22, 1998, by Palp, Inc., doing
Project. No. 97-03, business as Excel Paving Company, 2230 Lemon Avenue,
by Palp, Inc. Long Beach. The work was accepted; the Deputy City Clerk
was authorized to file a Notice of Completion; authorization
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PUBLIC HEARING The Deputy City Clerk announced that this was the time and
Appeal from Paul place set for the public hearing to consider an application from
Lavelle of Green Paul Lavelle, 223 Elmira Street, Huntington Beach,
Fee Increase at representing the Costa Mesa Men's Club, appealing the City
Costa Mesa Golf Manager's decision to increase the green fees at the Costa
Course Mesa Golf Course. The Affidavit of Publication is on file in the
City Clerk's office.A communication was received from Mr.
Lavelle withdrawing his appeal.
MOTION On motion by Council Member Cowan, seconded by Council
Withdrawn Member Erickson, and carried 5-0, the application was
withdrawn.
OLD BUSINESS The Deputy City Clerk presented a request from Orlo Ray Paff,
Request for Re- 2371 Cornell Drive, Costa Mesa, for rehearing of Planning
hearing from Orlo Application PA -98-50, Nadel Architects, Inc., 3080 Bristol
Paff, PA -98-50, Street, Suite 500, Costa Mesa, authorized agent for I.C.I.
Harbor Center Holdings/SRP II, 2222 17t'' Street, Santa Ana, for a master
plan review for a 320,000 -square -foot commercial center,
with a variance to allow excess building height (30 feet
permitted, 50 feet proposed); a conditional use permit for off-
site parking; and minor conditional use permits for outdoor
display in front of the home center and drug store, outdoor
display of seasonal items, and a drive-thru restaurant, located
at 2300 Harbor Boulevard in a C1 -S zone. Environmental
Determination: Negative Declaration. City Council approved
the project on October 19, 1998.
Mr. Paff's request for rehearing was based on the following:
"1. Air Quality - the State of California is presently looking into
toxic diesel fumes.
2. Environmental concerns - no Environmental Impact Report
(EIR).
A. Old dry cleaning shop/carbon tetrachloride residue.
B. Removal of asbestos from old buildings.
C. Removal of three transformers (are they leaking)."
was given to release retention monies 35 days thereafter; the
Labor and Material Bond was ordered exonerated 7 months
thereafter; and the Performance Bond was ordered exonerated
6 months thereafter.
Accepted Street
Street and storm drain improvements at 3150 Bear Street, in
Improvements at
connection with Encroachment Permit No. 14455, were
3150 Bear Street
completed to the satisfaction of the Public Services
by Trinity Broad-
Director by Trinity Broadcasting Network, same address.
casting Network,
The work was accepted; and the bonds were ordered
EP -14455
exonerated.
Approved Agree-
A right -of -entry agreement was approved with the Costa Mesa
ment with Costa
Sanitary District for Fairview Park sewer improvements,
Mesa Sanitary
including a provision to grant an easement for the sewer line
District for Fair-
upon completion of the improvements, in connection with the
view Park Sewer
Orange County Model Engineers (OCME) "Goat Hill Station"
Improvements
rest room; and the Mayor and Deputy City Clerk were
authorized to sign on behalf of the City.
PUBLIC HEARING The Deputy City Clerk announced that this was the time and
Appeal from Paul place set for the public hearing to consider an application from
Lavelle of Green Paul Lavelle, 223 Elmira Street, Huntington Beach,
Fee Increase at representing the Costa Mesa Men's Club, appealing the City
Costa Mesa Golf Manager's decision to increase the green fees at the Costa
Course Mesa Golf Course. The Affidavit of Publication is on file in the
City Clerk's office.A communication was received from Mr.
Lavelle withdrawing his appeal.
MOTION On motion by Council Member Cowan, seconded by Council
Withdrawn Member Erickson, and carried 5-0, the application was
withdrawn.
OLD BUSINESS The Deputy City Clerk presented a request from Orlo Ray Paff,
Request for Re- 2371 Cornell Drive, Costa Mesa, for rehearing of Planning
hearing from Orlo Application PA -98-50, Nadel Architects, Inc., 3080 Bristol
Paff, PA -98-50, Street, Suite 500, Costa Mesa, authorized agent for I.C.I.
Harbor Center Holdings/SRP II, 2222 17t'' Street, Santa Ana, for a master
plan review for a 320,000 -square -foot commercial center,
with a variance to allow excess building height (30 feet
permitted, 50 feet proposed); a conditional use permit for off-
site parking; and minor conditional use permits for outdoor
display in front of the home center and drug store, outdoor
display of seasonal items, and a drive-thru restaurant, located
at 2300 Harbor Boulevard in a C1 -S zone. Environmental
Determination: Negative Declaration. City Council approved
the project on October 19, 1998.
Mr. Paff's request for rehearing was based on the following:
"1. Air Quality - the State of California is presently looking into
toxic diesel fumes.
2. Environmental concerns - no Environmental Impact Report
(EIR).
A. Old dry cleaning shop/carbon tetrachloride residue.
B. Removal of asbestos from old buildings.
C. Removal of three transformers (are they leaking)."
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Communications were received from the following: two
letters from Robert Adelson, 2366 Rutgers Drive, Costa Mesa,
supporting Council's approval of the project on October 19,
1998; Kendig and Alpert, Attorneys at Law, 611 Anton
Boulevard, Suite 1110, Costa Mesa, representing Orlo Paff
and "Neighbors of Harbor Center", asserting that based on the
environmental impacts of the project, a Negative Declaration is
an inappropriate tool for evaluation of a project which will
create substantial environmental impacts; and three letters
from Rutan & Tucker, Attorneys at Law, 611 Anton
Boulevard, Suite 1400, Costa Mesa: one letter dated
November 12, 1998, providing reasons for their assertion that
Orlo Paff failed to satisfy the jurisdictional requirements
necessary to obtain a rehearing of PA -98-50, along with
attachments related to previous public hearings on the project;
one letter dated November 13, 1998, stating that the letter
from Kendig and Alpert dated November 11, 1998, does not
satisfy the rigorous jurisdictional requirements of Costa Mesa
Municipal Code Section 2-304; and one letter dated November
16, 1998, objecting to additional expert testimony.
Mayor Buffa explained that a request for rehearing allows a
member of the public or a Council Member to introduce new
and pertinent information to be considered that was excluded
at the previous City Council and Planning Commission
meetings; and that if Council does grant the request for
rehearing, a future meeting date will be scheduled for the
rehearing.
The Deputy City Manager reviewed the Agenda Report dated
October 29, 1998, and stated that staff is of the opinion that
there is no legal basis to conduct a rehearing because Mr. Paff
and, his attorney have not raised any new issues or presented
new evidence.
Orlo; Ray Paff, 2371 Cornell Drive=Costa Mesa, stated the
following: the City Council did not act responsibly in
representing the local residents regarding the redevelopment
of Harbor Center; did not consider the impact of the
redevelopment on traffic congestion; there are flaws and
contradictions in the City's initial .study of environmental
impact and negative declaration; and an EIR must be
conducted to properly study . the impacts of this
redevelopment on the community. Mr. Paff also mentioned
that "Neighbors of Harbor Center" have retained David Kendig
as the attorney representing them in this matter.
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Mayor Buffa explained that testimony will be taken from Mr.
Kendig, attorney for Mr. Paff, but not on behalf of the
"Neighbors of Harbor Center" group who were not included in
the request for rehearing that was filed by Mr. Paff.
David Kendig, Kendig and Alpert, Attorneys at Law, 611
Anton Boulevard, Suite 1110, Costa Mesa, representing Orlo
Paff, stated that he also represents "Neighbors of Harbor
Center". Mr. Kendig contended that a rehearing should be
granted because this is the public's final opportunity to
convince the City to comply with California Environmental
Quality Act (CEQA) without resorting to litigation. He added
that a mitigated negative declaration for this project is
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improper under CEQA because it may still have significant
environmental impacts; the City's findings that there will be
no noise, pollution; or traffic impacts from this project are not
supported; the City failed to adopt an adequate mitigation
monitoring program; and overlooked the requirement for
Environmental Impact Reports under certain circumstances.
Mr. Kendig asserted that the record in this matter reveals
several potential impacts, even after the mitigation measures
are considered: construction noise impacts; post -construction
noise; the City's waiting until after the project is complete to
determine whether; or not there is going to be too much noise
which violates CEQA requirements; the traffic impacts are
grossly understated; diesel exhaust will increase in nearby
neighborhoods; and mitigation of construction air impacts
recommended by the air quality consultant were not adopted.
Council Member Somers asked if an alternative site plan of the
project was ever submitted for staff to review. The Deputy
City Manager replied that other plans were never submitted
for formal review; however, at the request of the Planning
Commission and the citizens, the applicant was asked to look
at alternative designs.
Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, believed
that the request 'for rehearing should be granted for the
following reasons:i speakers were limited to two minutes,
which is not enough time to cover the issues; further
investigation of air quality; and discussion on whether the
zoning is appropriate for the project.
Sam Wakeley, 2527 Loyola Road, Costa Mesa, believed that
sanitary conditions have not been taken into consideration,
such as odors from the fertilizer at the garden shop. He also
felt that the Home, Depot location is inappropriate in an area
surrounded by residences.
Jay Humphrey, 1,620 Sandalwood Street, Costa Mesa,
suggested that Council delay voting on this item until the next
meeting when the newly elected members of Council are
seated. He commended Mayor Buffa for serving the
community with his years of leadership and guidance.
Scott Bell, ICI Holdings/SRP II, 2222 East 17t' Street, Santa
Ana, stated that under Section 2-304, the City can only grant
the rehearing if: the person requesting the rehearing
demonstrates than they have presented new evidence or
arguments which in the exercise of reasonable diligence could
not have been produced or which were excluded at the
hearing. He believed that the City Council should not grant
Mr. Paff's rehearing request because Mr. Paff did not satisfy
the requirements under Section 2-304. Mr. Bell addressed the
issues raised by Mr. Paff: diesel emissions impacting the air
quality; demolition'of the dry cleaning shop; asbestos removal;
and removal of transformers.
Mr. Bell stated that diesel emissions were discussed at both
the Planning Commission and City Council public hearings and
Mr. Paff could have addressed the air quality issues at those
times. As to the demolition of the dry cleaning shop and
asbestos removal, ;Mr. Bell stated that it was readily apparent
that any person visiting the site would have noticed that
asbestos removal was being done, and it was addressed at
the previous public hearings. Regarding the removal of
transformers, Mr. Bell commented that it should have been
apparent to anyone visiting the site that three transformers are
located on the property, and he asserted that Mr. Paff would
have noticed all of these items if he would have simply visited
the site prior to the public hearings. Based upon this
information, Mr. Bell was of the opinion that Mr. Paff did not
provide any grounds to justify a rehearing.
In response to a question from Mayor Buffa, the City Attorney
stated that he has reviewed this project and concurs with the
Planning Department staff's determination that an EIR was not
necessary, and also concurred with the City Council's
approach for a mitigated declaration.
The Deputy City Manager responded to Council Member
Erickson's question regarding the project being a permitted
use in a commercial zone by stating that he is of the opinion
that the C1 -S zone allows the proposed uses by means of the
master plan process which is similar to the standard
conditional use permit, but is called a master plan in the C1 -S
zone.
Council Member Erickson felt that there were no new grounds
for a rehearing, or findings to support another hearing.
MOTION/Denied A motion was made by Council Member Erickson, seconded
Request for Re- by Mayor Pro Tem Monahan, to deny the request for
hearing rehearing.
Mayor Buffa was of the opinion that there was no basis to
grant the rehearing for the following reasons: air quality was
discussed extensively at both the Planning Commission and
the City Council meetings; and the impacts from diesel fumes
have also been discussed in great detail. He noted that the
dry cleaning shop and possible toxics are handled through the
Air Quality Management District (AQMD) which specifically
addresses removal of asbestos; and the three transformers on
the site belong to Southern California Edison Company.
Council Member Somers opposed the motion because she
believed that a project of this size with 50 or more Conditions
of Approval requires an EIR.
The motion carried 4-1, Council Member Somers voting no.
OLD BUSINESS The Deputy City Clerk presented a request for systems
Systems Acquis- acquisition and implementation for Phase III of the City's
ition and Implemen- computer master plan: agreement with Fire Information
tation for Phase III Support Services, 23772 Hobart Bay, Dana Point, in an
of the City's amount not to exceed $55,392.50, for consulting services in
Master Plan connection with fire records management applications upgrade
of the City's computer master plan; procurement of a Compaq
Server for the Fire Department records management system;
and an agreement with 1St Priority Computers, 3303 Harbor
Boulevard, Costa Mesa, for $24,562.11, for the Compaq
Server services. The Acting Communications Director
reviewed the Agenda Report dated November 6, 1998.
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MOTION/Approved
Agreements with
Fire Information
Support Services
and 1St Priority
Computers, and
Procurement of a
Compaq Server
On motion by Council Member Cowan, seconded by Council
Member Somers, land carried 5-0, the following action was
taken:
Agreement with Fire Information Support Services was
approved; and the City Manager and Deputy City Clerk
were authorized to sign on behalf of the City.
Procurement of a Compaq Server for the Fire Department
records management system was approved.
Agreement with 1St Priority Computers was approved; and
the City Manager and Deputy City Clerk were authorized
to sign on behalf of the City.
NEW BUSINESS The Deputy City Clerk presented City Attorney's Report No.
Regulation of Signs 98-78 regarding regulation of signs in the public right-of-way
and on public and private property. The City Attorney
summarized his report dated November 6, 1998.
Council Member Cowan was concerned about the public right-
of-way being inundated with signs especially during election
season, and wase interested in establishing an exemption
process. The City, Attorney responded that the City currently
regulates a whole series of signs by content.
Mayor Buffa stated that the City now prohibits arts groups
from listing their corporate sponsors on banners. The City
Attorney stated that a zone could be created where banners
would be allowed as long as they focus on commercial
transactions such 'as sporting, theatrical, or holiday events,
and that listing corporate sponsors supporting a particular
event would be permissible through a permit process.
Council Member Somers asked what type of enforcement
would be required; for the permit and/or exemption process.
The City Attorney, replied that after Council has selected an
option amending the sign ordinance, he will provide a report
outlining the administrative burdens associated with these two
processes. He stated that other cities have created a template
approach for their sign permits in which the physical
characteristics of the sign are evaluated, not the content.
Roy Pizarek, 1923'Whittier Avenue, Costa Mesa, thought that
an exemption for neighborhood signs that advertise meetings,
such as the Santa! Ana River Crossings (SARX) Study or the
West Side Specific Plan, would more effectively inform the
community of the meetings.
Ernie Feeney, 1154 Dorsett Lane, Costa Mesa, stated that it is
difficult for a driver to see on -coming traffic when making a
left-hand turn onto a street because of signs placed in the
center medians. She believed that visibility is impeded if signs
are not placed responsibly in the six-foot setback. She
believed that enforcement would be a problem if exemptions
were allowed.
Mayor Buffa felt that establishing a permit process for all signs
would create administrative and enforcement problems.
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MOTION/Staff A motion was made by Council Member Cowan, seconded by
Directed to Bring Council Member Erickson, directing staff to bring back
Back Ordinance language for an ordinance based on Option B, that is, by
Language for exemption, not by permit.
Option B
At the request of Mayor Pro Tem Monahan, Council Member
Cowan clarified that the intent of her motion was for staff to
re-examine exemptions so that the content regulations can be
removed; and to provide us with information and examples
from other cities on the types of exemptions that they allow.
Mayor Buffa asked the maker of the motion if she would
consider including in her motion that arts organizations would
be allowed to list their corporate sponsorship on their banners.
The maker of the motion and the seconder concurred.
Council Member Somers opposed the motion because she
preferred prohibiting all signs in the public rights-of-way.
The motion carried 4-1, Council Member Somers voting no.
RECESS The Mayor declared a recess at 8:45 p.m., and reconvened
the meeting at 8:55 p.m.
NEW BUSINESS
The Deputy City Clerk presented City Attorney's Report No.
Council Policies on
98-79, an ordinance amending Section 2-4 of the Costa Mesa
Appointed Com-
Municipal Code for City Council policies on appointed
missions, Boards,
commissions, boards, and committees. The City Attorney
and Committees
summarized his report dated November 6, 1998.
Council Member Somers suggested that the following
language be included in the proposal: that all committees
have five voting members, resulting in a quorum of three
members; with each committee having two alternates. She
believed that when there are too many voting members on a
committee, it creates difficulty in maintaining a quorum.
Mayor Buffa agreed that there are some committees that have
too many members; however, he noted that certain
committees have requirements for representation from the
business community, homeowner associations, etc., which
would not fit into a five -member committee.
MOTION/To Give A motion was made by Council Member Somers, seconded by
First Reading to Mayor Buffa, to give first reading to the ordinance and to
Ordinance direct staff to come back with a written statement regarding
the proposal.
Council Member Cowan disagreed with having committees
restricted to five voting members because it would reduce the
opportunity for citizens to participate in local government.
She stated that her concern is that when vacancies occur on a
committee, it creates a problem with having a quorum,
thereby delaying formal action.
SUBSTITUTE A substitute motion was made by Council Member Cowan,
MOTION/Gave seconded by Council Member Erickson, to give first reading to
First Reading to Ordinance 98-25, AN ORDINANCE OF THE CITY COUNCIL OF
Ordinance 98-25 THE CITY OF COSTA MESA, CALIFORNIA, TO AMEND
SECTION 2-4 OF THE COSTA MESA MUNICIPAL CODE FOR
CITY COUNCIL POLICIES ON APPOINTED COMMISSIONS,
BOARDS, AND COMMITTEES.
Council Member Somers felt . that five voting members on a
committee with no; less than three members to make a quorum
does not limit the number of people who can be active on a
committee, in fact, she encouraged members of the
community to be as involved as possible.
Council Member Cowan responded to a question from Mayor
Pro Tem Monahan by stating that her interest in this issue is
to give committees the ability to vote on items that need
immediate action and not be burdened by vacancies.
In response to a question from Mayor Pro Tem Monahan, the
City Attorney explained that a policy could be established
which states that ;during committee vacancy periods and the
City's recruiting process, the quorum could be adjusted
downward to reflect that the committee constitutes the
existing membership, but the number of members cannot go
below three.
Phillip Schwa rtze, ;commented on the new additions to the
project, such as the" office and parking structures, and the
hotel and restaurants. He reported that the project exceeded
the Floor Area Ratio (FAR) after the hotel and the health club
were added. In regard to the vehicle trips, he pointed out that
the hotel and the health club are uses that operate during off-
peak hours and will not interfere with the main intersections.
MOTION/Directed A motion was made by Mayor Pro Tem Monahan, seconded
Staff to Proceed by Council Member Erickson, and carried 5-0, directing staff
to process the General Plan Amendment.
Council Member Somers supported the motion; however, she
felt that the plan must maintain the trip budget as outlined.
COUNCIL Council Member 'Somers recognized Fire Engineer Bobby
COMMENTS/ Masuzumi for being nominated for the Monsignor John
Firefighters _"Over- Sammon award; members of the fire department who were
achievers Banquet" honored at the Overachievers Banquet for the Orange County
Recognition Fire Authority, and the entire Costa Mesa Firefighters
Association for being nominated for the Organization of the
Year award. i
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The substitute motion carried 3-2, Council Member Somers
and Buffa votingi no. Second reading and adoption is
scheduled for the meeting of December 7, 1998.
NEW BUSINESS
The Deputy City Clerk presented a General Plan Amendment
General Plan
Screening request j from Phillip Schwartze, 31682 EI Camino
Amendment
Real, San Juan Capistrano, authorized agent for Robert Vogel,
Screening Request
McCarthy Cook/Blackstone LLP, 535 Anton Boulevard, Suite
for South Coast
150, Costa Mesa, ifor property located at 535, 555, and 575
Metro Center
Anton Boulevard (South Coast Metro Center), to create a site-
specific floor area ratio in the Urban Center Commercial land
use designation. The Deputy City Manager summarized the
Agenda Report dated November 9, 1998, and showed an
overhead transparency of the properties.
Phillip Schwa rtze, ;commented on the new additions to the
project, such as the" office and parking structures, and the
hotel and restaurants. He reported that the project exceeded
the Floor Area Ratio (FAR) after the hotel and the health club
were added. In regard to the vehicle trips, he pointed out that
the hotel and the health club are uses that operate during off-
peak hours and will not interfere with the main intersections.
MOTION/Directed A motion was made by Mayor Pro Tem Monahan, seconded
Staff to Proceed by Council Member Erickson, and carried 5-0, directing staff
to process the General Plan Amendment.
Council Member Somers supported the motion; however, she
felt that the plan must maintain the trip budget as outlined.
COUNCIL Council Member 'Somers recognized Fire Engineer Bobby
COMMENTS/ Masuzumi for being nominated for the Monsignor John
Firefighters _"Over- Sammon award; members of the fire department who were
achievers Banquet" honored at the Overachievers Banquet for the Orange County
Recognition Fire Authority, and the entire Costa Mesa Firefighters
Association for being nominated for the Organization of the
Year award. i
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SARX Meetings Council Member Erickson reported that last week, he and
Council Members from Newport Beach, Huntington Beach, and
Fountain Valley met with the Orange County Transit Authority
(OCTA), for their first elected officials meeting regarding the
SARX Study. He stated that there will probably be three to
four public meetings at which citizens can participate in the
discussion, with an estimated completion by summer, 1999.
He encouraged citizens to direct their concerns about the EIR
to OCTA when a public hearing date has been scheduled.
ADJOURNMENT The Mayor declared the meeting adjourned at 9:20 p.m.
G t" 7 L7
.; Mayor of thd City of Costa Mesa
ATTEST:
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Deputy City rk of the City of Costa Mesa
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