HomeMy WebLinkAbout09/20/1999 - City CouncilF
REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
September 20, 1999
The City Council of the City of Costa Mesa, California, met in
regular session September 20, 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 Congressman Dana
Rohrabacher, and invocation by Pastor Dan Steward, Calvary
Church Newport -Mesa.
ROLL CALL Council Members Present:
Council Members Absent:
Officials Present:
Mayor Gary Monahan
Mayor Pro Tem Libby Cowan
Council Member Joe Erickson
Council Member Heather Somers
Council Member Linda Dixon
None
City Manager Allan Roeder
City Attorney Jerry Scheer
Development Services Director
Donald Lamm
Transportation Services Manager
Peter Naghavi
Planning and Redevelopment
Manager Mike Robinson
Assistant to the City Manager
Ann Shultz
Deputy City Clerk Mary Elliott
MINUTES On motion by Council Member Erickson, seconded by Council
September 7 and Member Dixon, and carried 5-0, the minutes of the regular
13, 1999 meeting of September 7, 1999, and special meeting of
September 13, 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 Brad Long on being named
Employee of the Employee of the Month for September, 1999, in appreciation of
Month his contributions to the Administrative Services Department/
Telecommunications Division as a Video Production Aide. Mr.
Long is recognized for his extensive research, production, and
post -production work on the video chronicling the history of the
City, "Echoes from the Fields: The Costa Mesa Story."
PRESENTATION Congressman Dana Rohrabacher presented Mayor Monahan
American Flag with a United States flag, flown over the Capitol Building in
Washington D.C., on June 29, 1999, in honor of Costa Mesa's
46" anniversary of incorporation.
ORAL COMMUNI- Janice Davidson, 1982 Arnold Avenue, Costa Mesa, stated that
CATIONS the Costa Mesa Breeze recently reported that the west side of
West Side Costa Mesa has most of the City's homeless population, as well
Problems as the highest percentage of parolees in the state per capita.
She asked for a list of establishments which aid the homeless,
including the percentage which are located on the west side.
Ms. Davidson inquired as to when restoration of the west side
would begin, and, asked that the residents be given first
consideration. Mayor .Monahan responded that a map listing
the known group homes is available in the Planning Division.
He indicated that the West Side Specific Plan is in progress, and
the Development Services Director reported that the City is
currently meeting with business owners regarding the plan.
19th Street Bridge Robert Graham, 3260 Dakota Avenue, Costa Mesa, commented
that the problem; with the west side is stagnation, and
reaffirmed his belief that consideration should be given to
extending 19th Street to Huntington Beach. He reported his
attendance at the meeting held with west side Hispanic
business owners regarding the West Side Specific Plan. He
again dwelled on the potential importance of the bridge, and
asked that the City conduct a "legitimate" study.
Homeless Problems Hilldegard Gonzalez, 1932 Pomona Avenue, Costa Mesa,
indicated that she had forwarded a letter several months ago to
City Council and the Police Department regarding problems with
homeless persons in her neighborhood. She applauded the
Police for their swift response but complained that Council had
ignored her. She stated that quality of life in the residential
areas of the west side is of primary importance. Mayor
Monahan replied that he was aware of the homeless problem
she mentioned and, to his recollection, had talked to Ms.
Gonzalez by telephone, concerning the issue.
Trash Complaint Jorge Lopez, 1932 Pomona Avenue, No. B, Costa Mesa,
provided a letter, read by Mrs. Gonzalez, in which he
complained that the property at 1935 Pomona Avenue is littered
with trash. The letter stated that mattresses and discarded
furniture clutter the alley adjacent to the property. Mayor
Monahan stated that the City will investigate.
Animal Cruelty Leandra Aguilar, homeless, addressed the issue of animal
cruelty.
Group Homes Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa
Mesa, reported that the September 13, 1999, Los Angeles
Times newspaper included the Costa Mesa Senior Center in
their discussion of group homes. She believed that the
reference was to board and care homes, not the Center. Ms.
Shereshevsky objected to senior homes being included with
group homes that deal with drug and alcohol rehabilitation.
Mayor Monahan announced that the Costa Mesa Senior Center
was honored by Disneyland as one of two facilities to receive
an Outstanding Care Award, and received a gift of $50,000.00.
MacDonald Bruce MacDonald, homeless, addressed problems of the
Comments homeless and his complaints against the City.
Parking Violations John A. Morris, 281 Rochester Street, Costa Mesa, reported
that automobiles park on the sidewalks of his neighborhood
which impede progress and endanger local children. Mr. Morris
informed Council that he is legally blind, and asked for their
assistance in this matter. Mayor Monahan noted that the City
will investigate the problem.
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Parking Violations Georgia Morris, 281 'Rochester Street, Costa Mesa, noted that
her neighbor intended to change the law regarding the
aforementioned sidewalk parking: She reported that Mr. Morris,
the previous speaker,, cannot take a walk due to the illegally
parked vehicles. She. asked to be notified if the law is changed.
CONSENT The following items ' were removed from the Consent Calendar:
CALENDAR Item No. 1, Reading Folder; and Item No. 4, Request from
United Way of Orange County to install 57 banners promoting
the 1999-2000 United Way campaign.
MOTION/Approved On motion by Council Member Erickson, seconded by Council
Except Items 1 Member Dixon, and carried 5-0, the remaining Consent Calendar
And 4 items were approved as recommended.
WARRANTS The following warrants were approved:
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Approved Warrant Warrant Resolution 1762, funding City operating expenses
1762/Payroll 918 for $564,791.04; and Payroll 918 for $1,521,707.90.
Approved Warrant Warrant Resolution 1763, funding City operating expenses
1763 for $379,154.17.
ADMINISTRATIVE The following agreements were approved, and the City Manager
ACTIONS/Approve was authorized to sign on behalf of the City:
d Lease Agreement
for Rea School; Ground Lease Agreement with Newport -Mesa Unified School
Approved Lease District, for $1.00 per year, for use of a portion of the Rea
Agreement Exten- School grounds, 601 Hamilton Street, for a 5 -year period,
sion for Balearic renewed annually thereafter.
School
One-year extension of a lease agreement with the Newport -
Mesa Unified School District, for $47,142.00, for use of
Balearic School, 1975 Balearic Drive.
Approved Agree- An agreement was approved with ---the Orange County Humane
ment with Humane Society, 21362 Newland Street, Huntington Beach, to provide
Society for Animal animal shelter services for a three-year period, at a cost of
Shelter Services $45,000.00 the first year, $46,000.00 the second year, and
$47,000.00 the third year; and the Mayor and Deputy City
Clerk were authorized to sign on behalf of the City.
Accepted Work for Design and Installation of a Heating and Air Conditioning
Balearic Center System at Balearic Center, 1975 Balearic Drive, Project No. 99 -
Heating and Air 07, were completed to the satisfaction of the Public Services
Conditioning, Director on July 30, 1999, by Air Conditioning Technologies,
Project No. 99-07, Inc., 22971 Triton Way, Unit G, Laguna Hills. The work was
by Air Conditioning accepted, the Deputy City Clerk was authorized to file a Notice
Technologies of Completion; authorization 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 12 months thereafter.
Accepted Work for Bristol Street Improvements from SR -73 to Red Hill Avenue,
Bristol Street Im- Project No. 98-08, were completed to the satisfaction of the
provements, Public Services Director on August 27, 1999, by Holland -Lowe
Project No. 98-08, Construction, Inc., 541 North Main Street, Suite 104-350,
by Holland -Lowe Corona. The work was accepted, the Deputy City Clerk was
authorized to file a Notice of Completion; authorization was
given to release retention monies 35 days thereafter; the Labor
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and, Material Bond 'was ordered exonerated 7 months thereafter;
and the Performance, Bond was ordered exonerated 12 months
thereafter.
Accepted Street
Street improvements at 2024 Kornat Drive were completed to
Improvements at
the satisfaction of the Public Services Director by Seacliffe
2024 Kornat Drive
Mobile Homes, 8,90 'West 15th Street, Newport Beach, in
by Seacliffe Mobile
connection with Encroachment' Permit No. PS99-00339. The
Homes, EP-PS99-
work was accepted, and approval was given to refund the
00339
$11,000.00 cash deposit.
Accepted Street
Street improvements at 514 Hamilton Street were
Improvements at
completed to the satisfaction of the Public Services
514 Hamilton
Director by Casa Victoria Apartments, LLC, 525 Victoria
Street by Casa
Street, 'Costa Mesa, in connection with Encroachment
Victoria Apart-
Permit No. PS99-00397 (PA -97-52). The work was
Ments, EP-PS99-
accepted; and approval was given to refund the
00397
$12,000.00 cash ; deposit.
Accepted Street Street improvements on Bristol Street and Red Hill Avenue were
Improvements on completed to the satisfaction of the Public Services Director by
Bristol and Red Hill Price Technical Services, L.P., 725 East Debra Lane, Anaheim,
by Price Technical in connection with! Encroachment Permit No. 14030. The work
Services, EP -14030 was accepted, and: the bonds were ordered exonerated.
Accepted Improve- Street improvements at 138 East 18th Street were
ments at 138 East completed to the satisfaction of the Public Services Director by
18th by Albrecht Peter Albrecht and Winifred Wilson, same address, in
and Rilson, EP- connection with Encroachment Permit No. 14172 (PA -94-57).
14172 (PA -94-57) The work was 'accepted, and the bonds were ordered
exonerated.
Adopted Resolution Resolution 99-61 was adopted: A RESOLUTION OF THE CITY
99-61, Approving COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
Submittal of Five APPROVING THE SUBMITTAL OF FIVE IMPROVEMENT
Projects to OCTA PROJECTS TO THE ORANGE COUNTY TRANSPORTATION
for Funding AUTHORITY FOR FUNDING UNDER THE REGIONAL SURFACE
TRANSPORTATION PROGRAM, for Fiscal Year 1999-2000
through Fiscal Year 2003-2004: Northbound 1-405 Anton
Boulevard on-ramp; Newport Boulevard widening, 19th Street to
17th Street; East 17th 'Street improvements; SR-55/Baker Street
Interchange; and Wilson Street widening, Newport Boulevard to
Fairview�Road.
Approved Budget Budget Adjustment No. 00-16 was approved for $78,800.00, to
Adjustment 00-16, provide an adequate appropriation for the acquisition of two
for Fingerprint Automated Fingerprint Identification Devices (live scan) for the
Devices for Police Police Department front desk and the West Side Substation.
READING FOLDER Item No. 1 on the Consent Calendar was presented: Reading
Folder:
Claims Claims received by the Deputy City Clerk: Allstate Insurance
Company, as subrogee for William Testa; and Janet Blair.
Alcoholic Beverage Alcoholic Beverage. Control (ABC) Licenses:
Control Licenses
Buck Liquor Store, 1089 Baker Street, for a person-to-person
transfer of a Type 21 ABC license (off -sale beer and wine)
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Memphis Caf6, 2920 Bristol Street, for a person-to-person
and premise -to' -'premise transfer of a Type 47 ABC license
(on -sale beer and wine for a bona fide eating place), formerly
licensed with 'a Type. 41 (on -sale beer and wine for a bona
fide eating place).
The Wrapper, 3333 Bristol Street, Suite 2612, for a premise -
to -premise transfer of a Type 20 ABC license (off -sale beer
and wine), a seasonal business which was located in Suite
2883 of South Coast Plaza last year.
Pick Up Stix, 2701 Harbor Boulevard, Suite D7, for an
original Type 41 ABC license (on -sale beer and wine for a
bona fide eating place).
Sav Max Food s....(formerly Vons), 2975 Harbor Boulevard, for
a person-to-person transfer of a Type 21 ABC license (off -
sale general).
Pink Dot (formerly Cheers Market), 1525 Mesa Verde Drive
East, Suite 127-129, for a Type 21 ABC license (off -sale
general).
Sav On Drugs, 1835 Newport Boulevard, No. C, for a
fiduciary transfer of a Type 20 ABC license (off -sale beer and
wine).
Council Member Somers asked if the requests for transfers of
ABC licenses were from within the City or from other cities, and
wondered if a list of all types of ABC licenses within the City is
being maintained. She requested that this information be
provided at the meeting of October 4, 1999. The Development
Services Director offered to provide a quarterly report on the
subject.
MOTION On motion by Council Member Somers, seconded by Council
Received and Filed . Member Erickson, and carried 5-0, the Reading Folder was
received and processed.
Request from Item No. 4 on the Consent Calendar was presented: Request
United Way for from United Way of Orange County, 18012 Mitchell Avenue
1999-2000 South, Irvine, to install 34 banners along Sunflower Avenue,
Campaign Banners Town Center Drive, Bristol and Bear Streets, and Anton
Boulevard, from October 13 through November 15, 1999, and
23 banners around Harbor and Newport Boulevards, and 19th
Street, from September 17 through November 15, 1999,
promoting the 1999-2000 United Way campaign. Mayor
Monahan explained that United Way had altered their request to
MOTION/Approved exclude the banners around Triangle Square. A motion was
Banners made by" Mayor Monahan, seconded by Council Member
Erickson, and carried 5-0, to approve the request for 34 banners
along Sunflower Avenue, Town .Center Drive, Bristol and Bear
Streets, and Anton Boulevard, from October 13 through
November 15, 1999.
PUBLIC HEARING The Deputy City Clerk announced the following public hearings:
PA -99-10, Ward;
and PA -99-13, Continued from the meeting of September 7, 1999, an
Thames/Fiala application from Council Member Linda Dixon appealing the
Planning Commission's approval of Planning Application PA-
99-10, for Donald Ward, for a conditional use permit for a
drug/alcohol rehabilitation facility with 12 residents plus 2
caretakers occupying a duplex, with some probationary
residents (probation related to drug/alcohol abuse offenses),
located at 382 Hamilton Street in an R2 -MD zone.
Environmental Determination: Exempt.
Continued from the meeting of September 7, 1999,
application from Council Member Joe Erickson appealing the
Planning Commission's approval of Planning Application PA -
99 -13, for Dr. Annemarie Thames, authorized agent for
Janet Fiala, for a conditional use permit to legalize a first
step recovery facility for up to 14 people and open AA
meetings in an -existing single-family residence, located at
154 East Bay Street in an R1 zone. Environmental
Determination: Exempt. An application was also received
from Latham & Watkins, 650 Town Center Drive, Suite
2000, Costa Mesa, representing Yellowstone Women's First
Step House, appealing the Planning Commission's Conditions
of Approval.
Communications were' received on Public Hearing No. 2 from
Marsha Gehring, Post Office Box 8344, Fountain Valley,
opposing the conditional use permit; Ron and Parwin Bamboat,
3074 Yellowstone Drive, Costa Mesa, relating to prior business
dealings with Dr. Thames; and Diane Gomez, 158 Buoy Street,
Costa Mesa, criticizing the Agenda Report for the subject
application.
MOTIONS
On motion by Mayor Pro Tem Cowan, seconded by Council
Continued to
Member Dixon, and carried 5-0, the public hearings were
October 4, 1999
continued to the meeting of October 4, 1999.
PUBLIC HEARING
The Deputy City Clerk announced that this was the time and
PA -99-32, Sewell/
place set for the public hearing to consider a request from
Gartner
Mayor Monahan for City Council review of the Planning
Commission's decision for Conditional Use Permit PA -99-32 for
Richard Sewell, 2900 Bristol Street, Suite A-108, Costa Mesa,
authorized agent for Bill Gartner, Harbor Christian Fellowship,
740 West Wilson Street, Costa Mesa, to allow establishment of
a school for 50 students, ages 5 to 18, at 740 West Wilson
Street and 740 Joann Street. Environmental Determination:
Exempt. The Affidavits of Publishing and Mailing are on file in
the City Clerk's office. A communication was received from the
applicant detailing regular events and activities for Harbor
Christian Fellowship. The Development Services Director
reviewed the Agenda Report dated September 3, 1999, and
showed photographs of the project.
Richard Sewell, Program Director of South Coast Priority
School, asked that Council reconsider the conditional use permit
stipulation of 25 students imposed by the Planning Com-
mission, noting that the current permit allows for 80 preschool
students. He stated that the number of students is critical to
the cost-effectiveness of the school, and believes that the site
can accommodate 150 students. He reported that there will be
12 students per classroom, with the ratio of one staff member
for every four students. Mr. Sewell responded to questions
from Council by stating that the total number of classrooms is
eight; the majority of students have either learning disabilities,
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speech and language impairment, or an emotional disturbance;
the disabilities are overcome with a highly structured program
designed to meet each child's individual educational plan; and
the goal is to graduate the students back into the public school
system.
Mr. Sewell
addressed
Condition No. 10
of the
Conditions of
Approval,
specifically,
"The conditional
use
permit herein
approved shall be.brought back before Planning Commission for
review one year from date of approval...", referring to the
Planning Commission minutes of August 23, 1999, Page 9,
wherein Commissioner Fewel stated that, "He does not think
this site can accommodate 50 students, even if a one-year
review reveals .that it's working well with 25 students." Mr.
Sewell disagreed, stating that 50 is a workable number of
students, and asked the consequences of returning to the
Planning Commission. if Council should approve the 50.
Council Member Erickson asked the City Attorney the
implications should the Planning Commission in the future wish
to review the conditional use permit, allowing that the 50
students have been approved. The City Attorney responded
that the evidence is clear that the applicant has been made
aware of the fact that their reliance, economically or otherwise,
on the amount of children that will be permitted at the location
is conditional and can be reconsidered at a later date or at any
time that the City brings it to the attention of the Planning
Commission and City Council. He stated that it should be made
clear that their investment in the facility is always in jeopardy if,
for proper reasons, the City were to call the matter back and
either revoke the conditional use permit, or modify or amend it,
in some way by reducing the amount of students.
Council Member Erickson asked that if the conditional use
permit. were approved for 50 students, that the applicant's
concurrence with the City Attorney's previous statement be
duly noted in the minutes of the meeting.
Mr. Sewell explained to Council Member Somers that the "level"
system, utilized by the Department of Social Services, is applied
to residential facilities and is not applicable to schools. He
reported that the higher. the level number, 14 being the
maximum, the greater number ofstaff members of higher
quality are required, referring to educational achievements. He
responded to several questions from Council Member Somers,
and reiterated the portion of his Executive Summary which
states that the children are not living in a group home nor
enrolled in the school because they have committed a crime,
rather, they. are . the victims.. He indicated that the student
enroll hent is currently at 19; a'!,[ from the Newport -Mesa Unified
School District except three. Mr. Sewell indicated that there is
a contract with the District for each child, approximately
$20,000.00 per student, per year, which is directed to lease of
the site, staff, administrators, psychologists, speech and
language pathologists; and he noted that the school is
nonprofit.
Mr. Sewell reiterated for Council Member Dixon that the school
in Newport Beach will remain open with 10 students currently,
with a maximum of 20 allowable. He objected to a condition
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which would limit enrollment to Newport -Mesa Unified School
District ,children only, as suggested by Council Member Dixon,
and observed that the average length of stay for a student is
one and one-half ,years. He reviewed the process by.which a
student is admitted to the school, and responded to additional
questions from Council Member Dixon.
Doug Scribner, 321 Avocado Street, No. P, Costa Mesa,
reported that he attended an alternative school as a child, and is
now a substitute teacher at correctional alternative schools for
the County of Orange. He supported approving the 50
students. There being no other speakers, the Mayor closed the
public hearing.
MOTION/Adopted A motion was made, by Council Member Erickson, seconded by
Resolution 99-62 Mayor Monahan, t'o adopt Resolution 99-62, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT PA -99-
32, modifying the; conditions of approval as follows: Page 4,
modify Condition No. 4, "The school shall be limited to a
maximum of 50 students, ages 5 to 18% and Page 5, Condition
No. 10, delete the first sentence, "The conditional use permit
herein approved shall be brought back before the Planning
Commission for review one year from date of approval, but shall
expire upon discontinuance of the activity authorized hereby for
a period of 180 days or more.", and add, "The applicant
acknowledges and agrees that the conditional use permit may
be referred to the; Planning Commission and/or the City Council
for modification or revocation at any time if the conditions of _
approval are not', being complied with, if the use is being
operated in violation of applicable laws and .ordinances, or if in
the opinion of the Development Services Director or his
designee, any of ; the findings upon which the approval was
based are no longer applicable. The conditional use permit shall
expire upon discontinuance of the activity authorized hereby for
a period -of 180 days or more."; and the applicant is required to
initial each condition of approval.
Council Member Somers opposed the motion, stating that her
preference would be to start enrollment with 25 students,
complete renovation work on the buildings, and add more
students at a one-year interval. Council Member Dixon opposed
the, motion, agreeing that an initial 25 students would be
appropriate, with 'a review after one year. Mayor Pro Tem
Cowan supported, the motion noting that Condition No. 9
addresses these concerns by requiring renovation of the facility
to be completed prior to additional occupancy, and Condition
No. 10, -which allows review of any issues. The motion carried
3-2, Council Members Somers and Dixon voting no.
RECESS The Mayor declared a recess at 8:30 p.m., and reconvened the
meeting at 8:40 pm..
PUBLIC HEARING The Deputy City Clerk announced that this was the time and
Source Reduction place set for the public hearing to consider a resolution
and Recycling establishing a fee pertaining to the implementation of the City of
Element Costa Mesa Source Reduction and Recycling Element, making
findings'to reauthorize the current fee of $1.00 per ton of solid
waste charged to ;haulers for administration and monitoring for
fiscal year 1999-2000. The Affidavit of Publication is on file in
the City Clerk's office. A communication was received from
Ware Disposal Company, Inc., Post Office Box 8206, Newport
Beach, asking if the maximum fee for the City's environmental
consultantwill be divided among the hauling community, and
asked that a provision be included in the resolution stating that
the consultant must disclose all pertinent financial information
to the hauling community. The Transportation Services
Manager reviewed the Agenda Report dated September 13,
1.999. There being no speakers, the Mayor closed the public
hearing.
MOTION/Adopted On motion by Council Member Erickson, seconded by Council
Resolution 99-63 Member Somers, and carried 5-0, Resolution 99-63 was
adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ESTABLISHING A FEE
PERTAINING TO THE IMPLEMENTATION OF THE CITY OF
COSTA MESA SOURCE REDUCTION AND RECYCLING
ELEMENT.
OLD BUSINESS The Deputy City Clerk presented from the meeting of
Landscaping
September 7, 1999, second reading and adoption of Ordinance
Standards
99-13, relating to landscaping standards.
MOTION/Adopted
On motion by Mayor Pro Tem Cowan, seconded by Council
Ordinance 99-13
Member Somers, and carried 5-0, Ordinance 99-13, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, AMENDING CHAPTER VII OF TITLE 13 OF
COSTA MESA MUNICIPAL CODE RELATING TO LAND-
SCAPING STANDARDS, was given second reading and
adopted.
OLD BUSINESS
The Deputy City Clerk presented from the meeting of
North American
September 7, 1999, a request from North American Brokers,
Brokers ABC
1814 Tanager Drive, for an original Type 9 and Type 17 ABC
License
license (beer and wine importer and beer and wine wholesaling,
respectively). The Development Services Director summarized
the Agenda Report dated September 1, 1999, verifying that
there is an office for importing and exporting in the home, no
delivery or sales would take place in the home, and the product
would be stored in the Universal Warehouse in Carson.
MOTION/Received On motion by Council Member Erickson, seconded by Mayor
and Filed Pro Tem Cowan, and carried 5-0, the request was received and
filed.
NEW BUSINESS The Deputy City Clerk presented a resolution adopting the
CenterLine Transit Centerline Transit Supportive Development Guidelines and a
Supportive local action plan for incorporating these policies into the General
Development Plan, Zoning Code, and other appropriate planning documents.
Guidelines The Planning and Redevelopment Manager reviewed the Agenda
Report dated September 13, 1999.
Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, asked
about the approval procedure. Mayor Monahan responded that
the City would like to have a voice in the plan should the
Orange County Transportation Authority decide to proceed.
The Transportation Services Manager reviewed the process
which had taken place to date, and reported that a workshop
will be held on September 28, 1999, at the Neighborhood
Community Center.
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Council Member Erickson suggested clearly stating that density
of development in the City ,should not be dictated by the need
to have an efficiently run light rail system, and opposed higher
floor area ratios (FAR) and residential densities than are
currently stated in ,the' General Plan.
MOTION/Adopted A motion was made by Council Member Erickson, seconded by
Resolution 99-64 Council Member Dixon, and carried 4-1, Council Member
Somers voting no, to adopt Resolution 99-64, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ADOPTING THE CENTERLINE TRANSIT SUPPOR-
TIVE DEVELOPMENT GUIDELINES AND A LOCAL ACTION
PLAN FOR INCORPORATING THESE POLICIES INTO THE
GENERAL PLAN, ZONING CODE, AND OTHER APPROPRIATE
PLANNING DOCUMENTS, adding, "Be it further resolved by the
City Council of Costa Mesa that any future transit support of
land use considerations will be in compliance with City Council
land use/zoning policies in accordance with the City's General
Plan."
Council Member ;Somers opposed the motion because she
believed that land densities would be dictated by the
transportation system, and stated that there were many
questions that needed answering.
NEW BUSINESS The Deputy City Clerk presented a request for review of Council
Council Policy 000- Policy 000-8, Legislative Positions. Communications were
8, Legislative received, from Assemblywoman Marilyn C. Brewer, 70t`' District,
Positions thanking the Mayor for his input which provides her with
valuable. information and facilitates the decision-making process
on issues; Ed Fawcett, Costa Mesa Chamber of Commerce,
1700 Adams Avenue, Suite 101, Costa Mesa, expressing
appreciation for the ' aggressive efforts that the City has made
on legislative issues; Supervisor Jim Silva, 2"d District, thanking
the Mayor for the Mayor's joint advocacy on legislative issues
of mutual importance to cities and counties; and Senator Ross
Johnson, 35" District, expressing appreciation for being made
aware of the Council's interest in issues pending before the
legislature. The Assistant to the City Manager summarized the
Agenda Report dated September 10, 1999.
Council Member Somers expressed her concern about individual
misuse of official letterhead, specifically issues which do not
directly affect the City are being addressed on City letterhead
and given the same weight as statements of support by the
entire Council. She suggested incorporation of an addendum to
No. 7 and No. 8 of Council Policy 000-8, as follows: No. 7,
"All City Council members shall receive a copy of all legislative
position letters. A quarterly activity report of the City's
legislative positions, . and the status of legislation will be
provided to the City Council. All letters written on City
letterhead shall be copied to all Council members."; and No. 8,
"The preceding in, no way infringes upon the right of Council
members to express individual positions on legislative issues
that they may express on their personal stationery. Issues not
directly pertaining :to Costa Mesa shall be written on personal
stationery and not on the official stationery of. Costa Mesa."
Mayor Monahan observed that as an elected official, it is his
duty to interact with local legislative representatives, as well as
with Sacramento, Washington, D.C., the County of Orange, etc.
Mayor Pro Tem Cowan proposed allowing the individual to
decide which -manner of stationery is suitable in each instance.
She suggested a disclaimer when letterhead is being used, and
asked that No. 3 of the policy be amended to add the Orange
County Division of the League of California Cities, and the
Orange County Council of Governments.
Council Member Somers requested that an official disclaimer be
added to the City's letterhead which indicates that the letter
does not reflect either the City's or City Council's official
position.
Doug Scribner, 321 Avocado Street, No. P, Costa Mesa,
supported amendments to the policy.
MOTION/Modified A motion was made by Council Member Somers, seconded by
Policy Mayor Pro Tem Cowan, and carried 5-0, to modify No. 8 of
Policy 000-8 to read, "The preceding in no way infringes upon
the right of Council members to express an individual position
on legislative issues", and a subsection under No. 8 will read,
"In expressing an individual position, Council members will
clearly state that the position is personal and is not sent on
behalf of the City or City Council and that the City itself has not
taken a position."
CITY ATTORNEY'S The City Attorney requested a closed session pursuant to
REPORT/Request Government Code Section 54956.9(a) to discuss City of Costa
for Closed Session: Mesa v. Kathleen Connell, Orange County Superior Court Case
City v. Connell No. 78-01-84. He informed Council that this item could be
discussed in open session if so desired.
MOTION/Approved A motion was made by Council Member Erickson, seconded by
Recommendation " Mayor Pro Tem Cowan, and carried 5-0, to approve the City
Attorney's recommendation as contained in his confidential
memorandum dated September 17, 1999.
Request for Closed The City Attorney requested a closed session pursuant to
Session: Pacific Government Code Section 54956.9(c) to discuss possible
Amphitheatre litigation between the City and the 32nd Agricultural District
over operation of the Pacific Amphitheatre. The Mayor
announced that closed session would be held at the conclusion
of regular business.
COUNCIL Council Member Dixon announced that the Costa Mesa Senior
COMMENTS Center would hold an open house on Tuesday, September 21,
Senior Center Open 1999, at 1:00 p.m., ,to introduce the new Executive Director,
House Dr. Alar Meyers, to the community. She reported that on
Wednesday, September 22, 1999, 7:00 p.m., in City Hall first
Census 2000 floor Conference Room A, the Human Relations Committee will
be giving a presentation on Census 2000 involvement.
Neighbors -for- Council Member Erickson stated that the Neighbors -for -
Neighbors Neighbors cleanup is scheduled for October 2, 1999, 8:00 a.m.
to 12:00 p.m., and encouraged the public to participate. He
S.O.Y. 2"d Annual announced that the 2nd Annual Save Our Youth (S.O.Y.) softball
Softball Game game, where young people in the organization play City
officials, will occur at Rea School on a yet -to -be -announced
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Sunday in October. He congratulated the City Manager on his
3n' wedding anniversary.
Crippled Children's Mayor. Monahan reported that he had attended the opening of
Society After- the Crippled Children's Society after-school program last week
School Program at Monte Vista High School. He reiterated his attendance at the
Disneyland Community Service Awards, and expressed pleasure
that the Costa Mesa Senior Center received the Outstanding
Disneyland Aware Care Award, one' of two, and a check for $50,000.00. He
commented that Saturday, September 18, 1999, was the sixth
Walk for Peace annual Walk for Peace at Triangle Square, and thanked those
who participated.
ADJOURNMENT At 9:35 p.m., the Mayor adjourned the meeting to a closed
TO session: in first floor, Conference Room A to discuss the item
CLOSED SESSION previously announced by the City Attorney.
MEETING The Mayor reconvened the meeting at 9:45 p.m., and the
RECONVENED action taken during closed session was announced.
Pacific Regarding possible litigation between the City and the 32nd
Amphitheatre Agricultural District over operation of the Pacific Amphitheatre,
no action was taken.
ADJOURNMENT The Mayor declared the meeting adjourned at 9:50 p.m.
Mayor of the City o Costa Mesa
ATTEST:
I
Deputy ' ty Clerk ;of the City of Costa Mesa
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