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HomeMy WebLinkAbout07/06/1999 - City Council1 REGULAR MEETING,OF- THE• CITY COUNCIL CITY OF COSTA MESA JULY 6, 1999 The City Council of the City of Costa Mesa, California, met in regular session July 6, 1999, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive; Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag led by Council Member Somers, and invocation by Pastor Tim Steward, Real Life Community Church. ROLL CALL Council Members Present: Mayor Gary Monahan Mayor Pro Tem Libby Cowan Council Member Joe Erickson Council Member Heather Somers Council Member Linda Dixon Council Members Absent: Officials Present: None City Manager Allan Roeder City Attorney Jerry Scheer Development Services Director Donald Lamm Public Services Director William Morris Parks Manager Dave Alkema Assistant City Attorney Tom Wood Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council June 21, 1999. Member Dixon, and carried 5-0, the minutes of the regular meeting of June 21, 1999, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded by RESOLUTIONS Council Member Somers, and carried 5-0, to read all ordinances and resolutions by title only. NEIGHBORHOOD Mayor Monahan commended the Shalimar -James -18th Street WATCH MEETINGS Apartment Owners Association and Carm Gullo, who was in attendance, for hosting Neighborhood Watch Meetings on June 5 and 19, 1999. PRESENTATION Mayor Monahan read a proclamation congratulating Whole "Whole Foods Foods Market on being a leading retailer of natural and organic Market Day" foods, with a wide variety of healthy, quality food choices for Proclamation the community, and proclaimed July 8, 1999, as "Whole Foods Market Day" in the City. ORAL COMMUNI- Robert Graham, 3260 Dakota Avenue, Costa Mesa, commented CATIONS on the renovations underway in the Crystal Court area of South South Coast Plaza Coast Plaza. He commended C. J. Segerstrom & Sons for the Pedestrian Bridge construction of a pedestrian bridge across Bear Street, and observed that this innovation will greatly enhance the mall's business. 283 K91 Downtown Com- Warren Christiansen, 1845 Anaheim Avenue, Unit 20B, Costa munity Center EIR Mesa, asked that a review of the environmental impact report of the Downtown Community Center (DCC) be conducted. He noted that Anaheim Avenue floods during the rainy season, a condition which will be exacerbated by runoff from the new DCC parking lot and driveway. He submitted his written comments to the Development Services Director. Ross Pfautz, 1845 Anaheim Avenue, Unit 10B, Costa Mesa, stated that the intersection at 191h Street and Anaheim Avenue floods regularly, and complained that the new DCC will accelerate the problem. The Public Services Director responded that steps are being taken to alleviate this situation. 191h Street Bridge Mike Ontko, 3261 Dakota Avenue, Costa Mesa, addressed a recent newspaper article in the Orange County Register regarding the 19" Street bridge. He stated that the "191h Street to the Beach" group supports the bridge as a method of rejuvenating the west side. West Side Costa Virginia Christensen, 1845 Anaheim Avenue, Unit 20B, Costa Mesa Mesa, observed a' general lack of regard and respect from the City for 'west side residents. She cited the example of the City's plan to reduce the green space at Lion's Park by constructing a new Downtown Community Center within the park, building a parking lot for the Historical Society, and adding a skateboard facility. Request for Pine Marilyn Tradewell, 418 Magnolia Street, Costa Mesa, reported Tree Removal that her disabled .son, along with two other disabled citizens, have - problems circumventing a large pine tree located on Magnolia Street. She asked that the moratorium on City tree removal be temporarily lifted in order that the offending tree may be removed or relocated. Mayor Monahan asked the Public Services Director to investigate this problem. Magnolia Street Paul Wilbur, 312 Magnolia Street, Costa Mesa, referring to a Encroachment pending encroachment on Magnolia Street, asked that notice be provided to the residents of Magnolia Street and Broadway. He stated his concern regarding the parkways. Mayor Monahan assured Mr. Wilbur that proper notification will be given. CONSENT On motion by Council Member Erickson, seconded by Council CALENDAR Member Dixon, 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: George Freestone; Robert C. Goff; Clinton Maxwell; and Violet Summers. Public Utilities Notice that Southern California Gas Company filed Commission Application No.. 99-06-027 with the Public Utilities Commission on June 15, 1999, reporting gas supply and storage operations for "Year Five" (April 1, 1998, through March 31, 1999) of its Gas Incentive Mechanism (GCIM), and requesting authority to recover in rates shareholder incentives earned under the program. 1 WARRANTS. The following warrants were approved: Approved Warrant Warrant Resolution 1751, funding City operating expenses 1751 for $566,149.39. Approved Warrant Warrant Resolution 1752, funding City operating expenses 1752/Payroll 913 for $802,477.85; and Payroll 913 for $1,528,744.04. ADMINISTRATIVE Bids received for Design and Installation of a Heating and Air ACTIONS/Awarded Conditioning System at Balearic Center, 1975 Balearic Drive, Project No. 99-07, Project No. 99-07, are on file in the City Clerks office. The to Air Conditioning contract was awarded to Air Conditioning Technologies, Inc., Technologies 22971 Triton Way, Unit G, Laguna Hills, for $6,698.00. Rejected Bids for Bids received for Newport Frontage Road Traffic Signal Newport Signal Improvements, Project No. 99-08,, Federal Project No. STPLHG- Improvements, 5312(029), are on file in the City Clerk's office. Rejection of Project No. 99-08 all bids and readvertisement of the project were approved. Adopted Resolution 99-46, Awarding Sole Source Con- tract for 800 MHz Radios to Motorola; Approved Budget Adjustment No. 00-01 Approved Agree- ment with New- port Mesa Unified School District for Alley No. 127 Fencing Resolution 99-46 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO AWARD A SOLE SOURCE CONTRACT FOR PURCHASE OF 800 MHZ ASTRO SPECTRA DIGITAL MOBILE RADIOS FOR THE COSTA MESA FIRE DEPARTMENT, awarding the contract for 31 radios and 16 dual radio control heads to Motorola C & E, Inc., 198.0 Corporate Way, Anaheim, for an amount not to exceed $25,680.00; and Budget Adjustment No. 00-01 for $25,680.00, was approved. An agreement was approved with the Newport -Mesa Unified School District, with the City's share not to exceed $38,000.00, for construction of chain link fencing along Alley No. 127 (Estancia High School southern property line); and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Agree- A dedication agreement was approved with BRE/South Coast ment with BRE/ LLC, and. McCarthy Cook & Company, South Coast Metro, LLC, South Coast and 535 Anton Boulevard, Suite 150, Costa Mesa, for South Coast McCarthy Cook for Metro Center; and the Mayor and Deputy City Clerk were Metro Center authorized to sign on behalf of the City. Approved Agree- An agreement was approved with Bon Terra Consulting, 151 ment with Bon Kalmus Drive, Suite E-200, Costa Mesa, and C. J. Segerstrom Terra and & Sons, 3315 Fairview Road, Costa Mesa, for $181,310.00, for Segerstrom for preparation of Home Ranch Environmental Impact Report (EIR) Home Ranch EIR No. 1046. Accepted Work by Street improvements. ,at 2664 Newport Boulevard were Diaz for 2664 completed to the satisfaction of the Public Services Director by Newport Boulevard Diaz Construction Company, 7581 Wyoming Street, Street Improve- Westminster, in connection with Encroachment Permit No. PS- ents 99-00343 (ZA-99-09). The work was accepted, and the bonds were ordered exonerated. Accepted Work by Street improvements at Fairview Road and South Coast Drive Nextlink for Fair- were completed to the satisfaction of the Public Services view Road/South Director by Nextlink California LLC, 1924 Deere Avenue, Santa Coast Drive Street Ana, in connection with Encroachment Permit No. 14008. The Improvements work was accepted, and the bonds were ordered exonerated. UT -47-a * Building Division The following Building Division annual contracts were approved Annual Contracts for construction plan check, and contract employee services on for Plan Check an "as needed" basis, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Agree- Agreement with Melad and Associates, 8907 Warner ment with Melad Avenue, Suite 161, Huntington Beach. Approved Agree- Agreement with Scott Fazekas & Associates, Inc., 5 ment with Fazekas Corporate Park, Suite 160, Irvine. n Approved Agree- An agreement was approved with Katzmaier Newell ment with Kehr, 2728 Coast Highway East, Corona del Katzmaier for Fair- Mar, for $164,933.00, for Fairview Park design view Park work. RECOGNITION Mayor Monahan recognized former Council Member Jay Humphrey, and former Mayors Sandra Genis and Arlene Schafer who were in attendance. ANNOUNCEMENT Mayor Monahan announced that Public Hearing No. 3, an annual Business Improvement Area (BIA) assessment for Costa Mesa hotels and motels, would be the next item of business. PUBLIC HEARING The Deputy City Clerk announced that this was the time and BIA Annual Assess- place set for the public hearing to consider a resolution levying ment an annual assessment for fiscal year 1999-2000 for a Business Improvement Area for City of Costa Mesa hotels and motels. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The City Manager reviewed the Agenda Report dated June 17, 1999. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Mayor Pro Tem Cowan, seconded by Council Resolution 99-47 Member Erickson, and carried 5-0, Resolution 99-47 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 1999-2000 FOR A BUSINESS IMPROVEMENT AREA FOR CITY OF COSTA MESA HOTELS AND MOTELS. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Signs in the Public from the meeting of June 7, 1999, to consider an ordinance Right -of -Way amending the regulations contained in Chapter VII of Title 13 of the Costa Mesa Municipal Code relating to signs in the public right-of-way. The 'Development Services Director summarized the Agenda Report dated June 28, 1999. Kim Barone Scherer, Southern California Edison, 1325 South Grand Avenue, Building B, Santa Ana, commented that Edison Company is concerned about the actual size allowed for a banner placed on a utility pole. She asked for the opportunity to discuss a license agreement with the City. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, noted that the new ordinance allowed placement of signs in the public right-of-way for 10 days each month. He was directed to the Agenda Report which outlined changes in the proposed ordinance allowing signs from Friday through Sunday. !rC V ■ Sandra Genis, 1582 Myrtlewood Street, Costa Mesa, observed that the ordinance will allow the parkways, telephone poles, and electric_ light poles to look .like trash. She stated that the ordinance is unenforceable. MOTION/Gave A motion was. made by Mayor Pro Tem Cowan, seconded by Ordinance 99-10 Council Member Erickson, and carried 3-2, Council Members First Reading Monahan and Somers voting no, to give first reading to Ordinance 99-10: AN ORDINANCE OF THE CITY COUNCIL OF THE , CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER VIII OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATING TO SIGN REGULATIONS, removing any reference to banners, Section 13-118. Second reading and adoption are scheduled for the meeting of July 19, 1999. Mayor Pro Tem Cowan felt that the new sign regulations are workable and will' -prohibit the proliferation of signs during the political season. Council Member Somers opposed the ordinance, noting that real estate sales in the City have not suffered due to the lack of signage in the public right-of-way. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Appeal of 3007 place set for the public hearing to. consider applications from Samoa Place Tracy Stevenson, 3007 ' Samoa Place, Costa Mesa, appealing Remodeling the Planning Commission's decision on May 24, 1999, at which time they upheld the Planning staff's interpretation that the home at the above address is being remodeled into a three- story structure; and also appealing the Planning Commission's decision on June 14, 1999, at which time they determined that the appellant's revised plan still constitutes a third story. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's office. Communications opposing the project were received from Costa Mesa residents Susan Weaver, 2780 Tern Circle; Jo Ann B. Wort, 2978 Ceylon Drive; William and Julia Willis, 2968 Ceylon Drive; Neil Horgan, 2827 Nevis Circle; Sydney Gielow, 3012 and 3018 Samoa Place; Jean and Gordon Pate, 2973 Ceylon Drive; Arlene and Thomas Jones, 2995 Ceylon Drive; Alan and Victoria Baer, 3013 Samoa Place; Mesa Verde Homeowners Association, Post Office Box 4102; and a folder of documents, including a petition containing 398 signatures, from Mesa Verde residents opposing the project. A communication was received from the applicant outlining the reasons Council should approve the proposed remodeling. The Development Services Director reviewed the Agenda Report dated June 28, 1999, and showed. photographs of the project. Tracy Stevenson, 3007 Samoa Place, Costa Mesa, reported that the. addition to . her home had been planned for many years, and she intended to use the attic portion of the house for storage. She stated that each set of revised plans submitted to the City had indicated the existence of the third floor attic, which was so labeled, and permits had been issued approximately one year prior. Ms. Stevenson observed that the house is not being constructed to its potential optimum size, and showed photographs depicting other large homes within the City, some of which are nearby. She reiterated that the third floor was never intended to be used as living space. She reported that the third -story windows are a design aspect . s s intended to make the exterior more attractive, provide light, and allow ventilation. In response to Council Member Dixon's suggestion regarding the use of skylights, Ms. Stevenson stated that she thought skylights were ugly. Joseph Warner, 3007 Samoa Place, Costa Mesa, responded to questions by stating that there are three bathrooms and two water heaters. He supported retaining the windows as a cooling measure. The following Costa Mesa residents spoke in opposition to the remodel as proposed: Craig Gordon, 3006 Ceylon Drive, stated that the third story overlooks his backyard; John DeFrenza, 3055 Samoa Place; Robin Leffler, 3025 Samoa Place, representing residents in protest, read letters from several Mesa Verde real estate agents and showed architectural renderings; Sydney Gielow, owner of 3012 and 3018 Samoa Place, property manager of 3037 Samoa Place, and a resident representative; Wayne Leffler, 3025 Samoa Place; Alan Baer, 3013 Samoa Place; Jay Humphrey, 1620 Sandalwood Street; Richard Mithoff, 3086 Ceylon Road; Gordon Faith, 2973 Ceylon Drive; Sandra Genis, 1586 Myrtlewood Street; William Susman, 3035 Country Club Drive; and Karen Robinson, 2722 Canary Drive. The following persons supported the applicant and the proposed structure: Lucy Calvillo, a resident of Santa Ana and a licensed real estate agent; Sheri Woods, a resident of Hawaii; and Jim Warner, 12312 Louise Street, Garden Grove. Kevin Harris, 3152 Bermuda Drive, Costa Mesa, expressed concern regarding the philosophical issue of precedence. Robert Graham, 3260 Dakota Avenue, Costa Mesa, suggested reducing the number of two-story dwellings unless a variance is received. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, observed that the property owners have the right to build this structure as long as building code specifications are met. Council Member Somers stated that the proposed remodel has overstepped the bounds of normalcy for the neighborhood. She believed that the project should be changed by realigning the roof and using a gable design. Tracy Stevenson and Joseph Warner responded to the concerns of residents in the neighborhood and showed supporting photographs. There being no other speakers, the Mayor closed the public hearing. MOTION/Directed A motion was made by Council Member Somers, seconded by Redesign of the Council Member Erickson, and carried 4-1, Mayor Monahan Project voting no, to uphold the Planning Commission's confirmation that the present , construction contains a third story, and suggesting that the project be redesigned, with the following third floor restrictions: no straight walls; no windows or false windows above the second floor; modify the roof line down to the second floor plate line; and limit the height of the attic to six feet. 1 1 1 Council Member Erickson proposed that Council provide staff with recommendations on potential ways to modify the plan. Mayor Pro Tem Cowan encouraged staff to investigate zoning code amendments, suggesting that modifications in the General Plan be identified in order to better assure building compatibility and appropriate size and mass within residential areas. She asked that Floor Area Ratios (F.A.R.), percentage of growth, and percentage of lot size be considered, and that the above be brought before the Planning Commission. Mayor Monahan supported the appellant, noting_ that the restrictions being placed are close to violating their property rights. He supported the Mayor Pro Tern's suggestion. Council Member Dixon believed that the rights of the neighbors should be considered. She asked that staff investigate code modifica- tions that prohibit windows, walls, and dormers in attics, and asked that regulations and revisions be reviewed in R1 zoning which would benefit the entire community. RECESS The Mayor declared a recess at 9:20 p.m., and reconvened the meeting at 9:30 p.m. OLD BUSINESS The Deputy City Clerk presented, from the meeting of June 21, Appeal, Rehearing, 1999, an ordinance amending the Appeal, Rehearing, and and Review Review Procedure. The Assistant City Attorney reviewed the Procedures Agenda Report dated June 30, 1999, and responded to questions from Council. Mayor Monahan felt that revisions to the ordinance are required in order to clarify several legal ambiguities, and supported the option of referring items to special Council meetings. Council Member Dixon approved of the normal progression of the existing system. Mayor Pro Tem Cowan reiterated her belief in the effectiveness of the current procedure; and endorsed Option A for the last sentence of Section 2-302, Who hears the review? MOTION/To Give A motion was made by Mayor Pro Tem Cowan, seconded by First Reading to Council Member Dixon, to give first reading to Ordinance 99-11 Ordinance 99-11 regarding Appeal, Rehearing, and Review Procedure, approving the following modifications as detailed in the Agenda Report: Section 2-302, 2-303, and 2-304, Hearings only at regular meetings. Section 2-304(4), No rehearings at the same meeting. Section 2-304(1) and (4), Clarify reasons needed for rehearings. Section 2-302. (last sentence), Who hears the review? - Option A. Section 2-305, Time to file an appeal, etc., of Subdivision Map decisions - Option A. Section 2-306, Time for using permits - Option A. Section 2-301(1), Definition of "affected person" - Option A. �Z7 SUBSTITUTE A substitute motion was made by Mayor Monahan, seconded MOTION/Gave by Council Member Erickson, and carried 5-0, to give first Ordinance 99-11 reading to Ordinance 99-11: AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER IX OF TITLE 2 OF THE COSTA MESA MUNICIPAL CODE REGARDING APPEAL, REHEARING, AND REVIEW PROCEDURE, approving modifications to the above sections listed in the original motion, with the exclusion of Section 2-302. MOTION/Approved A motion was made by Mayor Monahan, seconded by Council Option C Member Erickson, to approve Section 2-302, Option C. Council Member 'Erickson asked for confirmation that if two Council Members asked for an appeal, that the application would be heard by the lower body. Mayor Monahan responded that this was correct. Mayor Pro Tem Cowan opposed the motion because she 'felt that the option was not appropriate. The motion carried 3-2, Council Members Cowan and Dixon voting no. Second reading and adoption are scheduled for the meeting of July 19, 1999. OLD BUSINESS The Deputy City' Clerk presented a request for the sale of Sale of Surplus surplus real property at 2135 Sterling Avenue, Costa Mesa Property at 2135 (APN 422-463-19): Purchase and Sale Agreement; and Grant Sterling Avenue Deed No. 3546. MOTION/Approved A motion was made by Mayor Pro Tem Cowan, seconded by Purchase and Sale Council Member Dixon, and carried 5-0, to approve the Agreement, and Purchase and Sale Agreement, and Grant Deed No. 3546, and Grant Deed 3546 the Mayor and Deputy City Clerk were authorized to sign both documents on behalf of the City. OLD BUSINESS The Deputy City Clerk presented Lions Park Skateboard Park Lions Park Skate- Review; and an amendment to the agreement with David Volz board Park Design, 17050 Busha.rd Street, Suite 300, Fountain Valley, for an increase of $19,135.00, for preparation, of construction drawings and specifications for the 10,000 -square -foot skateboard park at Lions Park. A communication was received from the Lions Park Association expressing their concerns about the proposed skateboard park and the Downtown Community Center improvements. The Public Services Director summarized the Agenda Report dated June 23, 1999, detailing the chronology of the Lions Park Skateboard Park project. The Parks Superintendent added that an architect has prepared a conceptual plan, two public workshops have been held, staff has met with neighbors to hear their concerns, and the architect and staff have met with skateboarders to refine the plan. David Volz, of David Volz Design, in response to questions from Council, reported that the elevation of the bottom of the "pool area" of the skateboard park, will be within approximately one foot of the grade of the ground; and the walls will be built about two feet higher than the ground at their highest point and two feet lower at their lowest point. He responded to additional questions in connection with the proposed plans, noting that existing drainage will be utilized to avoid flooding. He indicated that the .park is designed for the high/intermediate level skater. 29� The Public Services Director confirmed that drainage will be addressed by the' Planning Commission during the design review, as well as by staff prior to that time. Council Member Dixon observed that Lions . Park has high usage, and expressed an interest in ascertaining if other properties had been investigated as potential skateboard park sites. The following Costa Mesa residents opposed locating the skateboard park in Lions. Park due to the loss of green space' and overuse of the. park, potential flooding, and traffic considerations: Lorie Timlick, 1782 Kenwood Place, a member of the Lions Park Association; Walt Hollowell, 1798 Kenwood Place; Brian Todd, 1845 Anaheim Avenue, Unit 3A, a member of the Lions Park Association; Bill Turpit, 1772 Kenwood Place, a member of the Lions Park Association; Dan Hamilton, 1845 Anaheim Avenue, ;,> Unit 19B, President of the Vendome Condominium Association; Ross Pfautz, 1845 Anaheim Avenue, Unit 1013; Roy Pizarek, 1923 Whittier Avenue; Mark Korando, 582 Park Drive; Tim Godwin, 602 Center Street, Unit B6, who presented a survey designed to establish if residents believed the skateboard park would be an asset to the neighborhood; Debra Kincaid, 665 Park Drive, Unit 8; Mark McMahan, 1793 Crestmont Place; and Terrell Koken, 1778 Kenwood Place. The following Costa Mesa residents supported locating the new skateboard park in Lions park: Paul Schmitt, 1351 Logan Avenue; Dan Walsh, 163 Magnolia Street; Chuck Hults, 3137 Boston Way; Louie Baur, 2544 Anacapa Drive, Unit 202; the resident at 1992 Church Street; Colin Kennedy, 2855 Pinecreek Drive; and the resident at 2972 Bimini Place. Mary Godwin, 602 Center Street, Unit B5, Costa Mesa, objected to the new Downtown Community Center being constructed in such a fashion as. to eliminate green space in Lions Park. Mayor Pro Tem Cowan appreciated the points made regarding location of the skateboard facility. She understood the community interest in the facility, and mentioned support for the 10,000 -square -foot size. MOTION/Gave A motion was made by Mayor Pro Tem Cowan, seconded by Directions .to Staff Council Member Somers, to reopen discussions regarding the location of the skateboard facility, directing staff to investigate the following potential sites: TeWinkle Park (former Corporation Yard area), Civic Center Park, Gisler Park, Shiffer Park, Wakeham Park, the large vacant parcel on Harbor Boulevard at the Fairview Developmental _Center, the Orange County Fairgrounds, and include school sites, other areas within TeWinkle` Park other than the parking lot, identify any additional appropriate properties, and consider Lions Park as one of the options. Mayor Pro Tem Cowan informed the Public Services Director that should she not receive information within 60 days, she will follow up. Council Member Erickson opposed the motion, commenting that the corner of Lions Park in which the skateboard facility would be located is already noisy and is separated from the residences by streets. He noted for the record that the total Lions Park acreage is 11.57, the total acreage of buildings, parking areas, sidewalks, the skateboard park and hardscape areas is 6.7, and the total open space remaining after construction of the Downtown Community Center and skateboard park is 4.7 acres. He asked that the final plan for the skateboard park incorporate elements of the plan which was created for Lions Park. He suggested that issues regarding flooding and noise be presented to the Planning Commission. Mayor Monahan opposed the motion, agreeing with Council Member Erickson's comments, and stating that Lions park is a good area for the skateboard park. Council Member Dixon supported the motion, stating that she was concerned about losing the greenspace in Lions Park. Council Member Somers supported further investigation into various sites. If Lions Park is selected, she cited Mark Korando's comments regarding the Downtown Community Center wherein he stated that the Center was claimed to be exempt ,from an environmental impact study but, in actuality, there is not a one-for-one replacement of the building, the building size has been increased, and the parking area has been increased which creates additional water runoff. Mr. Korando maintained that none of the impact was studied during the Downtown Community Center hearings, and should be considered from a California Environmental Quality Act (CEQA) standpoint and must be mitigated. The motion carried 3-2, Council Members Monahan and Erickson voting no. OLD BUSINESS The Deputy City Clerk presented an ordinance amending Waste Hauler Chapter IV, Title 8 of the Costa Mesa Municipal Code pertaining Permit Revocation to a Good Faith test for waste hauler permit revocation. The Public Services Director reviewed the Agenda Report dated June 28, 1999. He indicated that the proposed ordinance had been forwarded to the , trash haulers for comments, along with a notification of the meeting. On motion by Council Member Somers, seconded by Council MOTION Member Dixon, and carried 5-0, Ordinance 99-12 was given Ordinance 99-12 first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE Given First Reading CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 8- 79 OF THE COSTA MESA MUNICIPAL CODE TO ADD A GOOD FAITH TEST FOR WASTE HAULER PERMIT REVOCATIONS. Second reading and adoption are scheduled for the meeting of July 19, 1999. OLD BUSINESS The Deputy City Clerk presented group home standards and Group Home review. The Development Services Director summarized the Standards and Agenda Report dated June 29, 1999. Mayor Pro Tem Cowan Review stated that she supported Council Member Somers's suggested continuance, and advised Council to forward their questions to staff. John Burkhard, 3083 Madison Avenue, Costa Mesa, reported that there are 13 group homes within six blocks of his residence. He asked that Council address the following items: City control of the, number of homes in a given area, control of the proximity of these units to one another, and the cancelling of conditional use permits when the property changes hands. Council Member Dixon proposed that the City conduct a study to determine the number of group homes, and asked Mr. Burkhard to supply staff. with the addresses of the group homes in his area. John Feeney, 1154 Dorset Lane, Costa Mesa, observed that many group homes are not compatible with the balance of the neighborhood. He maintained that the homes bring in a large amount of government dollars, exploit cheap labor, and run down the neighborhood. He asked that the City aggressively investigate alternatives, and asked for a copy of the list regarding concentration of the houses in various areas. Mayor Monahan . commented that State regulations prohibit action by the City. ;.The City Attorney concurred that the City is virtually powerless to control this situation. He suggested, for the record, that citizen's contact their congressmen and senators expressing their concerns. MOTION/Referred On motion by Council Member Somers, seconded by Council to August 9, 1999, Member Dixon, and carried 5=0, this item was referred to the Study Session study session of August 9, 1999. NEW BUSINESS The Deputy City Clerk presented the Santa- Ana River Crossings SARX Study; West (SARX) Study update, Community Objective 98=E34; and West Side Specific Plan Side Specific Plan Status Report No. 7, Community Objective Report 98-D1. The Development Services Directorannounced that the West Side Specific Plan Community Workshop is scheduled for Tuesday, August, 3, 1999, at the Neighborhood Community Center, from 6:30 p.m. to 9:30 p.m. The Public Services Director reported that staff is developing the future forecast number for various alternatives, and should be completed shortly. Robert Graham, 3260 Dakota Avenue; Costa Mesa, stated that the cost and benefits of construction of the 191h Street bridge should be included in the West Side Specific Plan. He showed photographs of the construction at South Coast Plaza, comparing it adversely to the activity on 191h Street. Mayor Pro Tem Cowan reported that she and the City Manager had a meeting on Tuesday, July 7, 1999, with the Chair of the Department of Social Ecology at the University of California Irvine (UCI), who has volunteered graduate students to assist with the West Side Specific Plan. COUNCIL Council Member Somers reported that a thank -you card had COMMENTS been received, commenting positively on the updating and Coastal Inn improvements at the Coastal Inn property which is now Southern. California College property. She asked that the use of Use of Cameras at red light cameras at busier intersections throughout the City be Busy Intersections placed on an upcoming agenda. 294 ADJOURNMENT The Mayor declared the meeting adjourned at 12:30 a.m. Mayo the ity of Costa Mesa ATTEST: Deputy City C erk of the City of Costa Mesa 1 1