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HomeMy WebLinkAbout08/16/1999 - City Council;31 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 16, 1999 The City Council 'of- the City of Costa Mesa, California, met in regular session August 16, 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 Erickson, and invocation by Dr. Gary Barmore, Fairview 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 Senior Planner Willa Bouwens- Killeen Management Analyst Carol .Proctor Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council August 2, 1999 Member Dixon, and carried 5-0, the minutes of the regular meeting of August 2, 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. PRESENTATION Mayor Monahan commended Jack Pittman on being named Employee of the Employee of the Month for August, 1999, in appreciation of his Month contributions to the Public Services... Department/Parks and Parkways Maintenance Division. PRESENTATION Mayor Monahan presented Certificates of _Appreciation to City Certificates of volunteers Tai -Ling Tsai, Pei=San Tcai, Natalie Moore, Joanne Appreciation Farrell, and Kristine Gold: He recognized volunteers Kara. Czap, Minh-Dang "Dan" Cao, -Herb -Barker, Theresa Zimmer, and Connie Lee -Davis who. were not in attendance. ORAL COMMUNI- Robert' Graham, 3260 Dakota Avenue, Costa Mesa, reported CATIONS that for over a year he had attempted to determine why certain 19th Street Bridge Council Members had voted to remove the 19" Street bridge from the County ,of Orange Master Plan of Arterial Highways. After review by staff, Mr. Graham presented a video which he maintained was the only evidence he could ascertain as the basis for the above decision. Mayor Pro Tem Cowan responded that the video; showed comments made during Oral 1 1 313 Communications that were taken out of context, and the video was made after the 1993 vote on the bridge. She stated that the record contains a myriad of evidence from various public hearings. Council Member Somers commented that Roy Pizarek, the gentleman shown in the video, had attended all of the Council meetings relating to the bridge, as well as east and west side association meetings, whereas Mr. Graham had not. She stated that use of the video was inappropriate. 19th Street Bridge/ Dan Rogers, 245 Magnolia Street, Costa Mesa, stated that he West Side Specific had attended the recent West Side Specific Plan meeting and Plan was disappointed to discover that the 191h Street bridge is not under consideration. He related that when he represented the Newport Harbor Chamber of Commerce as a delegate to the Orange County Transportation Commission Ad Hoc Committee, transportation throughout the County was studied with the objective being to move people. He supported study of the bridge to determine the benefits of its construction. Mike Ontko, 3261 Dakota Avenue, Costa Mesa, commented on a Los Angeles Times article which reported on current Huntington Beach activities. He suggested that the 191`' Street bridge would siphon retail traffic from Huntington Beach to Costa Mesa which would revitalize the declining west side. Mayor Pro Tem Cowan , responded that building and development are thriving throughout the City, noting that Costa Mesa is positioning itself for the future. Mildred Nicholson, 2063 Republic Avenue, Costa Mesa, stated that the focus of the West Side Specific Plan meeting was not directed towards long-time residents. She spoke in support of a 191h Street bridge, and asked that weeds along Victoria Street be eliminated. Phil Morello, Post Office Box 10487, Costa Mesa, agreed that the above-mentioned meeting was negative, noted the dissemination of misinformation and half-truths, and addressed several issues including the widening of 171'' Street. Don Nicholson, 2063 Republic Avenue, Costa Mesa, observed that the pros and cons of the 191'' Street bridge should be evaluated. Harbor Center The following Costa Mesa residents spoke in support of Construction enforcing the conditions of approval for Planning Application -PA-98-50, specifically the designated hours of construction, during the Harbor Center development: Paula Oberstein, 23.21 College Drive, who complained that neither the Police Department nor Code Enforcement would take responsibility for infractions; Andrew Weiske, 2336 College Drive, who discussed the dirt and dust problem; Dan Goldmann, 2324 College Drive, suggested that a code enforcement officer be . responsible for the project every day; and Tamar Goldmann, 2-324 College Drive. Rail Transportation; Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, asked EI Toro Airport if the City had a policy regarding future light rail transportation. The Public Services Director replied that by December, 1999, the Orange County Transit Authority (OCTA) will make a decision whether to proceed with environmental documentation and preliminary design. Mr. Scribner asked the City's position on building an airport at EI Toro Marine Corps Air Station. The City Manager responded that Council had previously adopted a resolution in support of an airport at EI Toro, but the resolution is not- 'limiting the airport to gliders only or making it for international. use. MOTION/Granted A motion was made by Council Member Somers, seconded by Time for Additional Council Member Erickson, and carried 5-0, to grant time for an Speaker additional speaker.' 19th Street Bridge Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, stated that construction of the 19th Street bridge would enable access to Huntington Beach from the 55 Freeway. He observed that this situation would, make Costa Mesa a transit point which would not be beneficial to the City. RECOGNITION Mayor Monahan' recognized Fred Bockmiller, president of the Mesa Consolidated Water District Board of Directors, who was in attendance. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 5: Agreement with AKM Consulting Engineers for design services for Alleys No. 17 (west) and No. 87 improvements, and the 18th Street Rehabilitation Project; Item No. 6, first amendment to the agreement with Kimley-Horn_ and Associates, Inc.;. for Santa Ana River Crossing (SARX) Study; and Item No. 9; Resolution approving the submittal of City projects under the Orange , County Transportation Authority's (OCTA) Transportation Enhancement Activities (TEA) Program. MOTION/Approved On motion by Council Member, Erickson, seconded by Council Except Items 5, 6, Member Dixon, and carried 5-0, the remaining Consent Calendar and 9 items were approved, as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received: by the Deputy City Clerk: Sidia Lemus; Application for Leave to 'Present a Late Claim from George Edminston; and Application for Leave to Present a Late Claim from' Richard Johnson. Alcoholic Beverage Alcoholic Beverage Control Requests: Licenses Super Corokke (an existing restaurant), 675 Paularino Avenue, Suite C, for an original Type 41 ABC license (on - sale .beer and 'wine for a bona fide eating place). Hanford Hotels (formerly Holiday Inn), 3131 Bristol Street, for a person-to-person transfer of a Type 47 ABC license (on -sale -general for a bona fide eating place). Vons (formerly Albertsons), 2701 Harbor Boulevard, Suite C, for 'a person-to-person transfer of a Type 21 ABC license (off -sale general)'. . WARRANTS The .following warrants were approved: 1 1 Approved Warrant 1757 Approved Warrant 1758/Payroll 916 ADMINISTRATIVE ACTIONS/Approved Agreement and Instructions for 610 West 17th Street, Michaels Stores Warrant Resolution 1757, funding City operating expenses for $1,022,858.31. Warrant Resolution 1758, funding City operating expenses for $784,867.11; and Payroll 916 for $1,579,130.21. The purchase agreement and escrow instructions were approved for acquisition of property from Michaels Stores, Inc., 610 West 17th Street, in connection with the Newport Boulevard/17th Street Roadway Widening project; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Awarded Pavement Bids received for Pavement Reconstruction for Santa Ana Reconstruction, Avenue: Monte Vista Avenue to Mesa Drive, Project No. 99 - Project No. 99-10, 10, are on file , in.; the ' City Clerk's office. The contract was to R. J. Noble awarded to R. J. Noble Company, 15505 East Lincoln Avenue, Orange, for $395,593.06. Appointed Felix Felix Posos of Releaf Costa Mesa, was appointed as an ex- Posos to Parks officio member of the Parks, Recreation Facilities and Parkways Commission Commission for a four-year term expiring August 31, 2003, and Shirley Willard was appointed an alternate member. Adopted Resolution Resolution 99-50 was adopted: A RESOLUTION OF THE CITY 99-50, Supporting COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Long -Term Water SUPPORTING THE SANTA ANA WATER PROJECT AUTHORITY Plan LONG-TERM WATER PLAN. 0 Adopted Resolution 99-51, Regarding City's Obligation Under the 1974 Open Space Bond Issue Approved Budget Adjustment No. 00-11 Resolution 99-51 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SETTING THE TAX RATE PER CENTUM AND LEVYING A TAX UPON ALL PROPERTY WITHIN THE CITY OF COSTA MESA WHICH IS TAXABLE TO MEET THE CITY'S OBLIGATION UNDER THE 1974 OPEN SPACE BOND ISSUE FOR FISCAL YEAR 1999-2000. Budget Adjustment No. 00-11 was approved for $31,332.00, for the third year allocation of the California Integrated Waste Management Fifth Cycle Used Oil Recycling Block Grant. Approved Agree- A license agreement was approved with Southern California meet with Edison Edison Company, 100 Long Beach Boulevard, Long Beach, for for Use of Property $1,135.00 per year for ten years, for use of 1.765 acres as part of Gisler Park, and the Mayor was authorized to sign on behalf of the City. Approved Agree- An agreement was approved, subject to approval by the City ment with RBF/ Attorney, with Robert Bein . William Frost and Associates Laurin for HUD (RBF)/burin Associates, Post Office Box 7215, Citrus Heights, Consolidation Plan California, in an amount not to exceed $32,900.00, for completion of the U.S. Department of Housing and Urban Development (HUD) Consolidated Plan for Fiscal Years 2000- 2004; and the Mayor was authorized to sign on behalf of the City. Design Services Item 5 on the Consent Calendar was presented: Agreement for for Alley Improve- design services for Alleys No. 17 (west) and No. 87 ments and 18th improvements, and the 18th Street Rehabilitation Project. The Street Rehabilitation Public Services Director discussed the alley improvement 315 316 i MOTION/Approved program, showing photographs of.the alleys needing repair, and Agreement with commented on the reconstruction of 18t1i Street. On motion by AKM Consulting Mayor Monahan, seconded by Council Member Erickson, and carried 5-0, the agreement was approved with AKM Consulting Engineers, 101 Pacifica, Suite 150, Irvine, for $79,476.00, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Amendment to Item 6 on the.. Consent Calendar was presented: First Agreement with amendment to the agreement for the Santa Ana River Crossing for SARX Study (SARX) Study, to extend the term of the agreement for one year to August' 16, 2000. Robert Graham, 3260 Dakota Avenue, Costa Mesa, asked for information on the cost of the extension. The Public Services Director replied that there will MOTION/Approved not be an increase in cost to the City. On motion by Mayor Amendment to Monahan, seconded by Council Member Somers, and carried Kimley-Horn 5-0, the first amendment was approved to the agreement with Agreement Kimley-Horn and Associates, Inc., 2100 West Orangewood Stevenson Avenue, Suite 140,' Orange, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Submittal of City Item 9 on the Consent Calendar was presented: Resolution Projects Under approving submittal ' of City projects under the Orange County OCTA TEA Program Transportation Authority's (OCTA) Transportation Enhancement Activities (TEA) Program. The Public Services Director provided an overview of the project. Robert Graham, 3260 Dakota Avenue, Costa Mesa, asked about the cost and installation date for the new sidewalk on the south side of 19t'' Street from Placentia Avenue to Whittier Avenue. The Public Services Director answered that this information is not yet available, MOTION/Adopted On motion by Mayor Monahan, seconded by Council Member Resolution 99-52 Erickson, and carried 5-0, Resolution- 99-52 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITY (TEA) PROGRAM UNDER THE 1998 TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY FOR SIX IMPROVEMENT PROJECTS, for Fiscal Year :1999-2000 through Fiscal Year 2003-2004: Newport Boulevard bike trail; City entrance gateway signs; Fairview Park bike trail and bridge; new sidewalk on south side of 191'' Street from Placentia Avenue to Whittier Boulevard; new sidewalk on both sides of 23'd Street from Orange Avenue to Santa Ana Avenue; and new sidewalk on the north side of Merrimac Way from Harbor Boulevard to Fairview Road. PUBLIC: HEARING The Deputy City Clerk that this was the time and Appeal of ZA-99-19, _announced place set for the, public hearing to consider an application from Stevenson Tracy Stevenson, 3007 Samoa Place, Costa Mesa, appealing the Planning Commission's denial of Administrative Adjustment ZA-99-19 to allow a 15 -foot, 7 -inch front setback (20 feet required) for a single house under construction at 3007 Samoa Place. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Communications; were received from Alan and Victoria ' Baer, 3013 Samoa Place, Costa Mesa., opposing the proposed encroachment; William LaPatia, 3012 Ceylon Road, Costa Mesa, opposing the third level walls with windows and the proposed 1 317 encroachment; residents of Mesa Verde who oppose approval of the encroachment; and copy of a petition signed by 555 Mesa Verde residents (signature count not verified) opposing construction of a third level and encroachment into the required setback.- The Development Services Director summarized the Agenda Reports dated August 9, 1999, and August 12, 1999. He mentioned for the record that the 15 -foot setback is "what staff has determined", staff has done the measurement, the "15 -foot" setback has not appeared on a site plan, and this figure is used as the City's best determination. Christine Trapp, Rosenthal & Zimmerman, Attorneys at Law, 695 Town Center Drive, Suite 1410, Costa Mesa, reiterated that the characterization of the deviation from the required setback as a minor modification by the City's planner was not a mistake. She indicated that this is a valid interpretation of the ordinance that the City has retroactively reinterpreted for the sole purpose of stopping the project. She stated that Ms. Stevenson has a vested right to proceed, and the project meets the requirements for an administrative adjustment. Joseph Warner, 3007 Samoa Place, Costa Mesa, stated that the floor plan for the building had not been changed other than the addition of the fireplace. He reviewed photographs of the homes 'jn the neighborhood as contained in the supplemental Agenda Report dated August 12, 1999. Addressing a request from the first public speaker, Sydney Gielow, to be allowed to speak for 10 to 11 minutes since she represented a group, Mayor Pro Tem Cowan suggested that the 3 -minute time limit be maintained. After discussion, the Mayor gave permission for Mrs. Gielow to speak for 10 minutes, and Mrs. Leffler to speak for 5 minutes. The Development Services Director responded to questions from Council regarding circumstances under which the building permit was issued to Ms. Stevenson, and the absence of a land survey. Tracy Stevenson, 3007 Samoa Place, Costa Mesa, reported that three months elapsed between the first time the plans were reviewed by a City planner and the subsequent submittal of the plans. She disagreed with the Development Services Director's statement that the site plan had changed a number of times in the interim, stating that the basic footprint of the building did not change. She challenged his statement in the Agenda Report, first page, which stated that, "This was intended as an indication that a minor modification could be approved for a 2% -foot encroachment...". Ms. Stevenson addressed several additional differences of opinion between herself and the City, and showed photographs of the project and the neighborhood. She recapped her position that a mistake was not made, she had been correctly instructed on how to measure the setback, a minor modification was given by an experienced planner, the area involved is very small and does not block the line of site nor cause any harm to the neighbors, and moving the corner would not reduce the mass, nor change the appearance of the home. Christine Trapp, Rosenthal & Zimmerman, Attorneys at Law, 695 Town Center Drive, Suite 1410, Costa Mesa, reiterated that the characterization of the deviation from the required setback as a minor modification by the City's planner was not a mistake. She indicated that this is a valid interpretation of the ordinance that the City has retroactively reinterpreted for the sole purpose of stopping the project. She stated that Ms. Stevenson has a vested right to proceed, and the project meets the requirements for an administrative adjustment. Joseph Warner, 3007 Samoa Place, Costa Mesa, stated that the floor plan for the building had not been changed other than the addition of the fireplace. He reviewed photographs of the homes 'jn the neighborhood as contained in the supplemental Agenda Report dated August 12, 1999. Addressing a request from the first public speaker, Sydney Gielow, to be allowed to speak for 10 to 11 minutes since she represented a group, Mayor Pro Tem Cowan suggested that the 3 -minute time limit be maintained. After discussion, the Mayor gave permission for Mrs. Gielow to speak for 10 minutes, and Mrs. Leffler to speak for 5 minutes. 318 The following Costa Mesa residents spoke in opposition to approval of Administrative Adjustment ZA-99-19: Sydney Gielow, owner of 3012 and 3018 Samoa place, property manager of 3037 Samoa Place, and a resident representative; Louise Rusher, 2983 Mindanao Drive; Robin Leffler, 3025 Samoa Place, a resident representative; Richard Plump, 2973 Java Road; Craig Gordon, 3006 Ceylon Road; Alan Baer, 3013 Samoa Place; Thomas Jones, 2995 Ceylon Drive; John DeFrenza, 3055 Samoa Place; Gordon Pate, 2973 Ceylon Drive; Karen . Robinson, 2722 Canary Drive; Bryce Bewley, 3125 Madeira Avenue; and' Sandra Genis, 1586 Myrtlewood Street. Tracy Stevenson and John Warner responded to questions from Council. Council Member Erickson commented that due to the mass of the second story of this project, the encroachment will be an infringement upon the property rights of the neighbors. MOTION A motion was made -,by Council Member Erickson, seconded by Denied ZA-99-19 Mayor Monahan, and'. carried 5-0, to take the following action for Administrative. Adjustment ZA-99-19: uphold the Planning Commission's decision regarding the setback wherein the encroachment for the post was approved, but the encroachment for the building itself was denied, based on the Planning Commission staff findings and analysis; and directing staff to prepare findings for adoption by Council at the meeting of September 7, 1999.. Mayor Monahan expressed concern regarding Council's July 6, 1999, decision on 3007 Samoa Place, but concurred that the structure is incompatible with the neighborhood. The Senior Planner reviewed her recollection of the history of this project, noting that the applicant misunderstood staff's intention. Council Member 'Somers supported the motion, noting the importance of correcting the wrongs. Mayor Pro Tem Cowan commented on her inability to comprehend the magnitude of the setback issues raised by the residents. On the other hand, she indicated that the City has an obligation to maintain setbacks. She reiterated her request that the Planning Commission and Council investigate the manner in which a house is remodeled without creating a' massive structure. Council Member Dixon supported the motion because the structure is not compatible with the neighborhood. She suggested a review of planning and zoning codes to consider reasonable limitations:as to the amount of allowable square feet in relation to lot size, a review of setback requirements for both one- and two-story homes, not only to protect adjoining properties, but to encourage home remodels and additions that are oriented to the neighborhood, such as front porches, enclosed. front yards- that have full height fences prohibiting front enclosures for screening of recreational vehicles and storage, and consistency of construction with the existing neighborhood. She envisioned the Planning Commission, Board of Realtors, the building industry, and staff addressing this issue. The Development Services Director reported that on September 27, 1999,".the Planning Commission will consider the R1 zone standards for setbacks, the definition of the attic versus storage, and parking space dimensions and percentage of compacts. Council Member Dixon asked that the topics she Z19 previously suggested be added to the list for the Planning Commission to consider. RECESS The Mayor declared a recess at 9:25 p.m., and reconvened the meeting at 9:35 p.m. PUBLIC HEARING The Deputy_ City Clerk announced that this was the time and Appeal of PA -99-30, place set for the public hearing to consider an appeal of the. Morgan Planning Commission's denial of Planning Application PA -99-30 from Max Morgan, Morgan Development, 480 Old Newport Boulevard, Newport Beach, for a variance from trash enclosure requirements for a proposed nine -unit residential development (trash enclosure required for a project with five or more units, no trash enclosure proposed), for property at 281-289 Mesa Drive in an R2 -MD zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. No communications were received: The Development Services Director summarized the Agenda Report dated August 2, 1999. Max Morgan, Morgan Development, reported that he had met with a representative from Costa Mesa Disposal and a member of the Costa Mesa Sanitary District, and had volunteered to prorate taxes and pay for the trash pickup should the sale of the houses not be timely, and to sign a hold harmless clause. He stated that other cities utilize the 90 -gallon containers which he is proposing, and sanitation trucks are equipped to handle them. He reviewed the benefits of using the large container. Mr. Morgan responded to questions from Council. Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, supported use of the 90 -gallon containers. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Resolution 99-5.3 Member Somers, and carried 5-0, Resolution 99-53 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING VARIANCE PA - 99 -30, with the modification to allow for 90 -gallon containers, one per household, subject to the conditions of approval and findings contained in the resolution, with the condition that within 30 days, a written contract will be generated ensuring that Costa Mesa Disposal will drive onto the site to pick up the containers, and that the agreements which are executed will be for service in perpetuity. OLD BUSINESS The Deputy City Clerk presented 18" Street Parking tot 18th Street Parking Maintenance. The Public Services Director summarized the Lot Maintenance Agenda Report dated August 9, 1999. Mike Crossley, Tempest Equity, 2799 Newport Boulevard, Costa Mesa, reported that four of the five owners were willing to pay for the parking lot. He supported time -limit parking, parking permits, and other restrictions, and asked for signage or a speed bump to control traffic speed on the lot. Mayor Monahan asked the Public Services Director to investigate the traffic control issue. azo Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, asked if a portion of the lot required for the Police Department Substation, the Veterans of Foreign Wars, and Lions Park could t be separated from the part necessary for business parking. MOTION/Approved A motion was made by Council- Member Erickson, seconded by Restricted Parking I Council Member Dixon, and carried 5-0, to approve parking with a three-hour time limit, and to prohibit parking between midnight and 6:00 a.m. Council Member Somers proposed that the business community assist with the $4,000.00 yearly landscaping cost. Mayor Monahan explained that the Public Services Director had been in negotiations with, the property owners, and four out of the five had been agreeable to contribute yearly for maintenance of the lot. Council Member Dixon observed that landscaping is the key to the integrity and character of the City, and more, not less, is needed. Council Member Somers replied that she supported landscaping but felt that the property owners who would derive the ;benefit from an improved, landscaped, parking lot should bear some of the burden for the cost. NEW BUSINESS The Deputy City; Clerk presented a request from Costa Mesa - Memorial Plaque for Newport Harbor Lions Club to install a memorial plaque at the Eric Johnson 14th hole of the Los Lagos golf course, in honor of past Council Member Eric Johnson, and to name the lake, Lake Johnson. The Public Services Director summarized the Agenda Report dated August 5, 1999. MOTION/Approved A motion was made by Mayor Pro Tem Cowan, seconded by Plaque Council Member' Erickson, and carried 5-0, to approve the language. for the plaque as proposed, and to approve the 4 -inch by 8 -inch size plaque. Council Member ' Erickson stated that the size of the plaques should be consistent; and asked the Mayor Pro Tem if the Costa Mesa -Newport Harbor Lions Club chose to use fewer words, would that be acceptable. She replied that would be absolutely in the spirit of the motion. NEW BUSINESS The Deputy City Clerk presented a resolution adopting City Seal Modifi- modifications to the City Seal of the City of Costa Mesa, cations Community Objective 00-D2. The Management Analyst reviewed the Agenda Report dated July 29, 1999. She and the Public Services Director responded to questions from Council. Doug Scribner, ;321 Avocado Street, No. P, Costa Mesa, supported modifying the City motto to "City of the Arts", and proposed contacting,the art community for possible redesign of the entire seal or to organize a fund-raiser to aid with the cost of the change. Fred Bockmiller, �1872 Monrovia Avenue, No. B4, Costa Mesa, identified the object in the bottom of the seal as an orange tree. He reported that 'the motto "Hub of the Harbor" referred to the fact that Costa Mesa in the 1950's was the backyard and boat work area for Newport Beach. He noted that the west side of the City was the business hub of the harbor area when Newport Beach had a thriving commercial harbor. 1 1 1 Robert Graham,' 3260: Dakota Avenue, Costa Mesa, supported -a total redesign of the artwork within the lettering. Council Member Dixon stated that her intention had not been to redesign the entire seal but only to replace the motto. MOTION/Adopted A motion was made by Council Member Dixon, seconded by Resolution 99-54 Mayor Monahan, and carried 5-0, to adopt Resolution 99-54, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING MODIFICATIONS TO THE CITY SEAL OF THE CITY OF COSTA MESA, replacing "Hub of the Harbor Area" with "City of the Arts" in the same location on the City Seal, and consider a separate emblem incorporating "The City of the Arts". NEW BUSINESS The Deputy City .Clerk presented a request to appoint members East 17th Street to the East 171h. ­.Street Transportation Alternatives Ad Hoc Ad Hoc Committee Committee: Appoint two at -large residents; appoint Katrina Foley, Planning Commissioner, -and Ed Fawcett, Chamber of Commerce. The Public Services Director summarized the Agenda Report dated July 28, 1999. MOTION/To Appoint A motion was made by Mayor Monahan, seconded by Council Members Member Erickson, to appoint Charlotte Johnson and David Gruder at -large resident members, and to appoint Katrina Foley and Ed Fawcett members of the ad hoc committee. Council Member Somers thought that there should be more than two members on the committee representing the residential community. SUBSTITUTE A substitute motion was made by Council Member Somers, MOTION/Appointed seconded by Mayor Pro Tem Cowan, and carried 4-1, Mayor Johnson, Gruder, Monahan voting no, to appoint Charlotte Johnson, David Crisafulli, Schafer, Gruder, Michael Crisafulli, and Arlene Schafer at -large resident Foley and Fawcett members, and to appoint Katrina Foley and Ed Fawcett to the Committee . members of the ad hoc committee:.. ' Council Member Erickson, although supporting the motion, mentioned that 17th Street is a commercial street, and did not object to having a majority of the members representing the business community. NEW BUSINESS The Deputy City Clerk presented proposed Council Policy 000 - Council Policy 11, Videotape Submittal Procedure. The Management Analyst 000-11, Videotape reviewed the Agenda Report dated July 29, 1999. Submittal Procedure Fred Bockmiller, 1872 Monrovia Avenue, No. B4, Costa Mesa, complimented Mayor Pro Tem Cowan and Council Member Somers. for -their comments during Oral Communications 1321 regarding the inappropriateness of the videotape shown at that time. He urged Council to adopt a policy prohibiting the use of videotapes provided by the public during Council meetings. Phil Morello, Post Office Box 10487, Costa Mesa, supported the use of videotapes as an important tool for citizens, and opposed its censure. He understood the need to review a videotape for content. 322 The City Manager reported that the reference in the. policy in terms of content: -relates specifically to language in the Costa Mesa Municipal Code which refers to rules of conduct at Council, meetings. Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, discussed the methods of viewing videotapes prior to Council meetings. Robert Graham, 3260 Dakota Avenue, Costa Mesa, supported the use of videotapes at Council meetings. Mayor Monahan responded to Mr.'Graham's question regarding the City's policy regarding retention of a video by stating that the tape would become part of the record, and the City would retain a copy. The City Manager confirmed that information and added that the City would make ;the copy of the videotape. He noted that the length of the video should not exceed three minutes unless additional time is granted by Council. MOTION/to Adopt A motion was made by Mayor Pro Tem Cowan, seconded by Council Policy 000- Council Member, Dixon, to adopt Council Policy 000-11, 11, with Limitations prohibiting the use of videotapes during oral communications, and new or old business, and allowing them to be shown only during designated, public hearing items. SUBSTITUTE A substitute motion was made by Council Member Somers to MOTION/To prohibit the use of videotapes at televised City Council Allow Use Only at meetings, to allow their use at study session meetings only, and Study Sessions Died directing staff to' review the video prior to the meeting. The motion died for lack of a second. Council Member ,Erickson felt that each City Council will be diligent enough to challenge the credibility of a speaker or a videotape. He commented on the usefulness of videotapes in demonstrating situations. SECOND A motion was made by Council Member Erickson, seconded by SUBSTITUTE Mayor Monahan, to adopt. Council Policy 000-11. Council MOTION/Adopted Member Somers opposed the second substitute motion, stating Council Policy that the policy invoked problems with first amendment rights. 000-11 She asked if the policy would apply to the Planning Commission and other commissions, or would it be applied only to Council. The City Manager; responded that the policy only applied to City Council. The second substitute motion carried 4-1, Council Member Somers voting no. NEW BUSINESS The Deputy City Clerk presented a request to designate voting League of California delegates for the annual League of California Cities Conference Cities Conference to be held in San Jose, October 10 through October 12, 1999. Delegates The Managements Analyst reviewed the Agenda Report dated August 2, 1999. r MOTION/Appointed A motion was made ,by Mayor Monahan, seconded by Council Monahan and Dixon Member Erickson, and carried 5-0, to appoint himself as delegate and Council Member Dixon as alternate delegate to the conference. NEW BUSINESS The Deputy City Clerk presented a resolution opposing Resolution Opposing proposed amendments to the airport Environs Land Use Plan Amendments to (AELUP) by the Airport Land Use Commission (ALUC). The AELUP Development Services Director summarized the Agenda Report dated August 2, 1999. Council Member Erickson commented that the League of California Cities is allowed- to appoint two members to the Orange County Airport Land Use Commission, and he is the representative to the cities that are adjacent to an airport. He reported that the commission is concerned about developments taking place in cities close to airports where homes are subject to noise and vibration. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Resolution 99-55 Member Dixon, and carried 5-0, Resolution 99-55 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OPPOSING AMENDMENTS TO THE AIRPORT ENVIRONS LAND USE PLAN. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request for Government Code Sections 54956.9(b)(1) and 54957.6 to Closed Session: discuss the following: Costa Mesa Police Association Police Negotiations; negotiations; and counsel discussion on legal issues concerning and Group Recovery regulation of drug and alcohol Group Recovery Homes. Mayor Homes Monahan announced that closed session would be held after the conclusion of regular business. COUNCIL Council Member Dixon recognized "Six Wacky Walkers", ladies COMMENTS from Costa Mesa who walk two to four miles each morning, and sometimes discuss City Council issues. Portland Light Rail Council Member Erickson reported on his recent trip to Portland, System Oregon, on behalf of the City, to review their light rail system. He stated that he met with their Planning staff, the Chamber of Commerce, officials of the Portland Metro System, and rode the rails and talked about the practical application to Orange County. He reviewed Portland's system, commenting that the largest concern is the amount of public subsidy that is required. Sidewalk Construc- Council Member Erickson thanked staff for_ work accomplished tion on Costa Mesa sidewalks. He mentioned the compliments from East 18th Street residents who were pleased with the construction and the manner in which staff handled their Newport -Mesa concerns. He announced that he had been appointed by the Facility Funding Mayor to be the representative to the Newport -Mesa Unified Committee School District's committee on facility funding, -,arid noted that one of the recommendations regarding the. District's surplus property included the possibility of selling Balearic School. Harbor Center Mayor Pro Tem Cowan asked the Development Services Problems Director to follow up on the conditions of approval relating to code enforcement issues at Harbor Center (PA -98-50) which were mentioned during Oral Communications. She stated that she would like the time restrictions for construction to be Victoria Street enforced. She commented that the landscaping on Victoria Landscaping Street is weed -filled, and asked the Public Services Director for a report regarding measures to be taken in order to return the area to a standard which is acceptable. She visited Costa Mesa Swim Olympics High School on Saturday morning, August 14, 1999, for a Swim Olympics organized by staff. She reported that there 323 J�-A Orange County were over 100 participants. On Thursday, August 19, 1999, Council of she will represent Costa Mesa at the Orange County Council of Governments Governments general assembly where a public hearing will be held on the regional housing needs assessment process. ADJOURNMENT TO At 11:10 p.m., the Mayor adjourned the meeting to a closed CLOSED SESSION session in first floor Conference Room A to discuss the items previously announced by the City Attorney. MEETING Mayor Monahan reconvened the meeting at 12:05 a.m., and the RECONVENED action taken during closed session was announced. No Action Taken Re Regarding the Costa Mesa Police Association negotiations, no Police Association action was taken. No Action Taken Re Regarding the discussion on legal issues concerning regulation Group Homes of drug and alcohol Group Recovery Homes, no action was taken. ADJOURNMENT The Mayor declared the meeting adjourned at 12:10 a.m. r"'G Mayor of th City of Costa Mesa ATTEST: Deputy City lerk of the City of Costa Mesa