HomeMy WebLinkAbout10/04/1999 - City Council1
FI
L
ROLL CALL
MINUTES
September 20,
1999
REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
OCTOBER 4, 1999
The City Council of the City of Costa Mesa, California, met in
regular session October 4, 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 Mayor Monahan, and invocation
by the Reverend Bill Gartner, Harbor Christian Fellowship.
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
Public Services Director William
Morris
Finance Director Marc Puckett
Senior Planner Willa Bouwens-
Killeen
Park Superintendent Dave
Alkema
Assistant City Attorney Tom
Wood
Management Analyst Carol
Proctor".
Deputy City Clerk Mary Elliott
On motion by Council Member Erickson, seconded by Council
Member Dixon, and carried 5-0, the minutes of the regular
meeting of September 20, 1999, were approved as distributed.
ORDINANCES AND A motion was made by Council Member Erickson, seconded by
RESOLUTIONS Council Member Dixon, and carried 5-0, to read all ordinances
and resolutions by title only.
PRESENTATION Mayor Monahan presented the Mayor's Award to Oscar
Mayor's Award Santoyo, Director of Save Our Youth (S.O.Y.), in recognition of
his commitment and. service to the youth of Costa Mesa.
Mayor Monahan announced that Mr. Santoyo and S.O.Y. are
hosting a conference for Latino youth on Tuesday, October 5,
1999, at the Neighborhood Community Center.
PRESENTATION Mayor Monahan commended Willa Bouwens-Killeen on being
Employee of the named Employee of . the Month for September, 1999, in
Month appreciation of her contributions to the Development Services
Department as a Senior Planner. Mrs. Bouwens-Killeen is
recognized for her skills, abilities, and experience which. have
been invaluable in assisting the City with a broad range of
complex planning projects.
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PRESENTATION Sue Smith, member of the Educator Exchange Group, Costa
Educator Exchange Mesa Sister City Committee, detailed events of a July, 1999,
Group/Sister City trip to Wyndham,, Australia, and introduced group members
Committee Kathryn Hofer, Principal of Kaiser. Primary School, Pat Courter,
Tracey Frank, Marilyn Wright, and Julie Brogan, teachers in the
Newport -'Mesa Unified School District. Mayor Monahan was
presented with a key to the City of Wyndham.
ORAL COMMUNI- Georgia Morris, 281 Rochester Street, Costa Mesa, commended
CATIONS/Staff Senior Code Enforcement Officer Sandra Benson and Manage -
Commendation ment Analyst Carol, Proctor for their assistance with her problem
regarding sidewalk access in her neighborhood which she had
previously discussed at the meeting of September 20, 1999.
Mrs. Morris indicated that her husband is blind, and the
improved sidewalk safety will be to his benefit.
Fillmore Way John Feeney, 1154 Dorset Lane, Costa Mesa, addressed his
"Slum" complaints regarding the Fillmore Way "slum commenting on
the graffiti, and showing photographs of same. He reiterated
his request for Council review of the Cicero, Illinois, gang
ordinance. Mayor; Monahan responded that the ordinance is
currently being reviewed. Mr. Feeney reported that he is in
possession of a program for gang removal from the City of San
Diego, and offered this information to Council for their perusal.
CONSENT On motion by Council Member Erickson, seconded by Council
CALENDAR Member Somers, and carried 5-0, the 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: Jennifer Henning;
and Paul Allen Harris.
Alcoholic Beverage Alcoholic Beverage Control Request from Globe Delicatessen,
License 1928 Harbor Boulevard, for a person-to-person transfer of a
Type 20 ABC license ,(off -sale beer and wine).
WARRANTS
Approved Warrant
1764/Payroll 919
Approved Warrant
1765
ADMINISTRATIVE
ACTIONS/Accepted
Work by Alpha
Omega Construc-
tion for Fire
Station No. 5
Shower Stalls,
Project No. 99-09
The following warrants were approved:
Warrant Resolution 1764, funding City operating expenses
for $750,581.57; and Payroll 919 for $1,502,063.89.
Warrant Resolution 1765, funding City operating expenses
for $631,005.18.
Replacement of Shower Stalls at Costa Mesa City Fire Station
No. 5, 2450 Vanguard Way, Project No. 99-09, was completed
to the satisfaction of the Public Services Director on August 24,
1999, by Alpha Omega Construction, 11265 Promesa Drive,
San Diego. 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
and Material Bond was ordered exonerated 7 months thereafter;
and the Performance Bond was ordered exonerated 12 months
thereafter.
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Accepted Improve- Street improvements at 1905 Fullerton Avenue were completed
ments at 1905 to the satisfaction of the Public Services Director by William
Fullerton by William Winters, same address, in connection with Encroachment
Winters, EP -PS -99- Permit No. PS -99-00508 (DR -97-16). The work was accepted,
00508 (DR -97-16) and approval was given to refund the $13,000.00 cash deposit.
Accepted Improve- Street improvements at 3046 Capri Lane were completed to the
ments at 3046 satisfaction of the Public Services Director by Japan
Capri Lane by Landscaping, 15132 Goldenwest Circle, Westminster, in
Japan Landscaping, connection with Encroachment Permit No. PS -99-00553. The
EP -PS -99-00553 work was accepted, and approval was given to refund the
$16,000.00 cash deposit.
Approved Police Purchase of two mid-sized sedans for the Police Department
Sedans; Approved Detective Bureau was approved for $21,000.00 each; and
Adjustment 00-20 Budget Adjustment,No. 00-20 was approved for $42,000.00.
Approved Adjust- Budget Adjustment No. 00-22 was approved for $4,000.00, for
ment 00-22 for grant funds awarded by the U.S. Department of Justice, Office
Bulletproof Vests of Justice Programs, Bureau of Justice Assistance, Bulletproof
Vest Partnership.
Approved Adjust-
ment 00-25 for
Newport/17th
Project
Adopted Resolution
99-65, Approving
Amendment to San
Joaquin Hills Trans-
portation Corridor
Agency Agreement
Budget Adjustment 00-25 was approved for $869,900.00, to
appropriate funding for the Newport Boulevard/17th Street
Improvement Project.
Resolution 99-65 was adopted: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
APPROVING AMENDMENT NO. 4 TO THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY AGREEMENT,
approving Laguna Woods as a member to the Agency; and the
Mayor and Deputy City Clerk were authorized to sign the
amendment on behalf of the City.
Approved Agree- A Joint Powers Agreement with the City of Newport Beach was
ment with Newport approved, to continue the existing '"Airborne Law Enforcement
Beach for ABLE (ABLE) Program; and the Mayor and Deputy City Clerk were
Program authorized to sign on behalf of the City.
PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued
Appeal of PA -99- from the meeting of September 20, 1999, to consider an
10, Ward application from Council Member Linda Dixon appealing the
Planning Commission's approval of Conditional Use Permit PA -
99 -10, for Donald Ward, 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. The following
communications were received relating to Public Hearings 1 and
2: Copy of a letter to Governor Gray Davis, State Capitol
Building, Sacramento, from Diane Gomez, 158 Buoy Street,
Costa Mesa, imploring the governor to sign Senate Bill 986
relating to regulation of group homes; and a letter from Natalie
Holmes -Peterson, 120 Yorktown Lane, Costa Mesa, objecting to
more recovery homes being established in Costa Mesa, and
suggesting that other cities be forced to accept their share of
the responsibility. The Development Services Director reviewed
the Agenda Report dated September 23, 1999, regarding group
home standard conditions. He summarized the Agenda Report
dated September 24, 1999, concerning the appeal of
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Conditional Use Permit PA -99-10. Mayor Monahan commented
that his'home is in the area of the subject property but indicated
that any action taken will not affect his property value. The
Development Services Director and Assistant City Attorney
responded to questions from Council.
Dee Ward, 133 The Masters Circle, Costa Mesa, reported that
Newport Harbor Recovery is an organization in transition from
its beginning as a sober -living residence to a community-based,
multifaceted program, for the treatment of alcoholism and drug
addiction. He stated that the current phase of the development
is the licensing of 382 Hamilton Street as a residential treatment
program by the Department of Drug and Alcohol Programs of
the State of California, and indicated that residential treatment
for alcoholism and drug addiction provides a highly structured
and closely supervised environment in which persons learn to
practice the skills and disciplines of recovery. He indicated that
the State has licensed this facility to provide services for 12
clients. He responded to questions from Mayor Monahan by
stating that members of the public will not be invited to
meetings or activities; visiting hours are on Sundays between
11:00 a.m. and 3:00 p.m.; some visitors may be recovering
alcoholics or drug: addicts; the maximum number of visitors at
one time is 12; most residents do not have vehicles; and
emergency facilities utilized would be Charle Street for a male,
Yellowstone for a female, or the Hoag Hospital emergency
room.
Council Member Erickson asked if Mr. Ward accepted the
Planning Commission's conditions of approval, and he
responded in the affirmative. Mr. Ward acknowledged that the
garage is being used for meetings and understood that this
could be a conflict. Council Member Erickson encouraged Mr.
Ward to review Conditions No. 3, No. 6, and No. 16. Mr.
Ward clarified for 'Mayor Pro Tem Cowan that total occupancy
for the facility is 15, with a treatment/recovery capacity of 12.
The following persons spoke in support of Newport Harbor
Recovery: Betsy, ' Bradley, 2110 Newport Boulevard, No. 21,
Costa Mesa, an employee at Newport Harbor Recovery, a
volunteer at Yellowstone, and a participant in a recovery
program; Chad Moninger, 394 Hamilton Street, Apartment A,
Costa Mesa, resident of Newport Harbor Recovery; Clint
Sackman, 2507 Windover Drive, Corona del Mar, staff member
at Newport Harbor Recovery, former member of an alcohol
recovery program; Frank Flaskerlid, 396 Hamilton Street,
Apartment B, Costa Mesa, resident of Newport Harbor
Recovery; Dana Heniser, 382 Hamilton Street, Costa Mesa,
resident, of Newport Harbor Recovery; John Shafer, 393
Hamilton Street, 'No. A8, Costa Mesa, neighbor across the
street from the recovery home; Greg Morrell, 1800 Beryl Lane,
Newport Beach, a member of Alcoholics Anonymous; Terry
Vaage, 327 Bowling Green Drive, Costa Mesa, a former resident
of Newport Harbor Recovery; Clarence Jennings, 955 West 19th
Street, Costa Mesa, former resident of Newport Harbor
Recovery; Michael Griffin, 509 Pecan Avenue, Huntington
Beach, former resident of Newport Harbor Recovery; Lanning
Seiler, 384 Hamilton Street, Apartment C, Costa Mesa, resident
of Newport Harbor Recovery; Rick Ortega, 1741 Tustin Avenue,
No. 2C, Costa Mesa, an alcoholic and a drug addict; Matt
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Marshall, 382 Hamilton ,Street, Costa Mesa, resident of Newport
Harbor . Recovery; Jeremy Northan, 396 Hamilton Street,
Apartment A, Costa Mesa, -resident of Newport Harbor
Recovery;, Jack Reilly, 111 181h Street, Newport Beach; Jeryl
Thompson, 214 Palmer Street, Apartment A, Costa Mesa,
previously in - a recovery program; Bobbie Larsen, 10 Lucerne,
Newport Beach, recovering from alcoholism and drug addiction
for 20 years;, Heather Armbruster, 32 Cape Andover, Newport
Beach, owner- and operator of three Costa Mesa residential care
facilities; and -Fred Cebrowski, 394 Hamilton Street, Apartment
B, Costa Mesa, resident of Newport Harbor Recovery.
Doug Scribner, '321 Avocado. Street, No. P, Costa Mesa,
suggested that if this application is not a detriment to
surrounding properties, including the lowering of property
values, then the privacy of their property should be respected.
Speaking on behalf of Newport Harbor Recovery were Don
Ward, 133 The Masters Circle, Costa Mesa; and Michael
Williams 396 Hamilton Street, Costa Mesa, Program Manager,
who indicated that he, will commit to not parking any vehicles
on the street, and.requested that Condition No. 3 regarding use
of the garage for ,meetings, be rescinded. Council reviewed
several of the conditions with Mr. Williams. There being no
other speakers, the Mayor closed the public hearing.
The City Manager clarified that . garages are not typically
designed to be occupied, and encouraged Council to consider
asking the Fire Marshall to set an occupancy rating, as well as
designate proper exiting, should this garage be approved as a
meeting place. Council Member Erickson commented that he
did not approve of using the garage as a habitable structure.
MOTION/Adopted A motion was made. by Council Member Erickson, seconded by
Resolution 99-66 Council Member Somers, to adopt Resolution 99-66, A
RESOLUTION OF THE CITY COUNCIL'OF THE CITY OF COSTA
MESA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
PA -99-10, with the following modifications to the conditions of
approval: In Condition No. 1, the number of residents and
caretakers shall not exceed 14; retain Condition No. 3
disallowing the use of garages or carports for meetings; revise
Condition No. 6 to read, "All counseling and other meetings at
this 'site shall be held inside the home.", to reaffirm that
meetings will not be held in the garage; revise Condition No. 8
to read, "A 24-hour on-site manager shall be provided at all
times."; retain Condition No. 16 in tact; add Condition No. 20,
based .on the applicant's word, "Formal visiting hours shall be
on Sunday between 11:00 a.m. and 3:00 p.m.; add Condition
21, based on the applicant's ..word, "The maximum number of
visitors at any one. time shall 6e no greater than 12"; and add
Condition No. 22, "All cars from the residence including staff
and clients shall be parked on site."
Mayor Pro Tem Cowan asked that a condition be added
indicating that the meetings will not be open to the public and
prohibiting their advertisement in AA periodicals, etc. Council
Member Dixon suggested that a request for an inspection by
the Fire Marshall be added to ' the motion. The maker of the
motion agreed to the additions, and the seconder concurred.
The motion carried 5-0.
Council Member Erickson commented that a property of this
size is appropriate 'for -the use with the proper conditions, and
indicated that large meetings should be in an institutional
setting, in a park, or at the beach.
RECESS The Mayor declared a recess at 8:40 p.m., and reconvened the
meeting at 8:55 p.m.
PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued
PA -99-13, Thames/ from the meeting of September 20, 1999, to consider an
Fiala application from Council Member Joe Erickson appealing the
Planning Commission's approval of Conditional Use Permit 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 Dr. Suite 2000, Costa Mesa, representing
Yellowstone Women's First Step House, appealing the Planning
Commission's Conditions of Approval. Communications were
received from Carl Braatz, 2032 Fullerton Avenue, Costa Mesa,
recommending additional conditions if the use permit were
approved; Marcia iGahring, Post Office Box 8344, Fountain
Valley, questioning the actions of the Planning staff and
Planning Commission ;regarding, this project, and submitting a
partial transcript of :the Commission's meeting of June 28,
1999; Charlotte Dale, 161 Buoy Street, Costa Mesa, requesting
that open AA meetings at Yellowstone be terminated; 37
communications from Costa Mesa residents supporting approval
of the project; an& one communication containing signatures of
three Costa Mesa presidents also in support. The Deputy City
Clerk announced that this evening, Mayor Monahan received 22
supporting letters. Mayor Monahan reiterated that his residence
is in the area of ! the project, and Council Member Somers
indicated the same, but neither party felt that a conflict of
interest was involved.
The Development Services Director summarized the Agenda
Report dated September 23, 1999, proposing that a Condition
No. 17, be added to the conditions of approval: "The
conditional use permit herein approved is not valid until a
notarized signature is , received from the property owner. As
part of the documentcontaining the notarized signature, the
property owner shall certify that she has read, understands, and
acknowledges the' final City Council action, including the
resolution and conditions. This condition shall be satisfied
within 60 days of City Council action." He and the Senior
Planner responded to questions from Council.
Dr. Annemarie Thames, 1222 Las Arenas, Costa Mesa, showed
photographs of the first step recovery facility and several of the
staff and clients. She reported that the home is not a medical
detox facility but does assist women during their first 10 days
of recovery. Ms. Thames reviewed the history of the facility,
noting that the entire staff is made up of volunteers. She
clarified 'for Council that members of the public are not invited
to attend meetings; the Sunday barbecue will be limited to once
or twice a month; from 3:00 p.m. to 4:00 p.m.; the nearby
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church lot is used for parking; and the food is prepared by the
women in the house and volunteers.
Robert Brake, Latham & Watkins, 650 Town Center Drive, Suite
200, Costa Mesa, reported that Condition No. 7 which
addressed the number of nonresidents invited to attend
meetings, is of concern, and stated that it is suspect under the
Fair Housing Act and the Americans with Disability Act.
Council Member Erickson replied that the problem is parking and
large outside meetings which are noisy. Mr. Brake stated that it
would be acceptable to limit visiting hours to between 3:00
p.m. and 5:00 p.m. on Sundays, with the vehicles belonging to
volunteers, residents, or staff to be parked in the church
parking lot instead of on the street; the maximum number of
visitors shall remain in place and the weekend limitation be
based on an hour limit and not a numbers limit; it would be
appropriate for a local community member to join the board;
and the Sunday afternoon meetings will not be publicized after
the first of next year. For the record, Council Member Erickson
commented that he was not comparing the Sunday afternoon
meetings to a party.
The following persons spoke in support of the recovery facility:
Kelly Green, 660 Ross Street, Costa Mesa, former resident of
Yellowstone; Kim Hill, 660 Ross Street, Costa Mesa, former
resident of Yellowstone; Clarence Jennings, 955 West 19th
Street, No. B-107, Costa Mesa; Kristin Lundreen, 218 Prospect
Street, Newport Beach, former resident of Yellowstone; Laura
Merler, 218 Prospect Street, Newport Beach, former resident of
Yellowstone; Kelly Hill, 1413 East Sail Avenue, Orange, member
of the Board of Directors, and former alcoholic; Michael Leigh,
1530 Miramar Drive, No. 2, Newport Beach, President of the
faculty of Orange Coast College; Jeryl Thompson, 214 Palmer
Street, Apartment A, Costa Mesa; 'Samuel Stevens, 2450
Newport Boulevard, No. 130, Costa Mesa, a volunteer at
Yellowstone, member of the Board of Directors, and a
recovering alcoholic; Jack Reilly, 111 18th Street, Newport
Beach, member of the Board of Directors; Dr. Ron Gellis, 101
North Bayside Drive, Newport Beach, a recovering alcoholic;
Kristan Schmadeke, 1222 Las Arenas, Costa Mesa; Ann Louise
Witty, 133 East 16th Street, No. 21, Costa Mesa, a recovering
alcoholic; Dexter Cohen, 10 Lucern, Newport Beach, a
recovering alcoholic; Garry Troxell, 21851 Newland Street, No.
265, Huntington Beach, member of the Board of Directors, a
recovering alcoholic; Rick Campbell, 2110 Thurin Street, Costa
Mesa, manager of a nonprofit organization in Newport Beach;
Grant McNiff, 326 Holmwood Drive, Newport Beach, Executive
Director of the National Council on Alcoholism; Michael
Williams, 396 Hamilton Street,,;,Costa Mesa; Bonnie Larsen, 10
Lucern Newport Beach, member of the Board of Directors, and
a member of AA; Dee Ward, 133 The Masters Circle, Costa
Mesa; Roy Ward, 1222 Las Arenas, Costa Mesa; Leandra
Aguilar, homeless; and Marilyn Ashwell, 196 East Bay Street,
Costa Mesa.
Larry Weichman, 1175 Boise Way, Costa Mesa, commented on
group homes in general, expressing concern that some facilities
are not properly operated.
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Carl Braatz, 13061,. Loretta Drive, Santa Ana, owner of 2032
Fullerton Avenue, objected to the conditional use permit to
increase the number' of residents and to hold open AA
meetings.
Diane Gomez, 158 Buoy Street, Costa Mesa, opposed the
application, objecting to the noise caused by the Sunday
meetings. She maintained that one of her neighbors was
threatened when he : verbally objected to the noise. She
informed Council Member Erickson that she would entertain the
idea of becoming a neighborhood representative.
John Parks, 174 Buoy Street, Costa Mesa, expressed concern
about the garage door, being continually open, and the number
of residents.
Marsha Gahring, , 2036 Fullerton Avenue, Costa Mesa,
addressed several issues regarding group homes.
Howie Bamboat, 3074 Yellowstone Drive, Costa Mesa, a
recovering alcoholic, supported the recovery program but noted
the affect of the home on the neighborhood. There being no
other speakers, the Mayor closed the public hearing.
Bob Brake, Latham & Watkins, after conferring with Dr.
Thames, agreed to limit the barbecues to once a month
between 2:30 p.m. and 4:30 p.m., limit the weekend meetings
to 28 persons, holding the meetings indoors for the six winter
months and moving outdoors in the summertime, and use the
church parking lot instead of parking on the street. He agreed
that the cones in the driveway 'should be removed. He
responded to questions from Council, as did Dexter Cohen, 10
Lucern, Newport 'Beach, representing the board, and Dr.
Thames.
MOTION/Adopted A motion was made by Mayor Pro Tem Cowan, seconded by
Resolution 99-67 Council Member Dixon, and carried 5-0, to adopt Resolution 99-
67, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT PA -99-13, amending the conditions of approval as
follows: -reduce the maximum occupancy in Condition No. 3
from 14 to 7 residents, plus up to two residential managers;
restrict the barbecue in Condition. No. 7 to once a month,
between 2:30 p.m., and 4:30 p.m.; restrict the Sunday meetings
to 14 persons to be held inside; and add Condition No. 17, "The
conditional use permit herein approved is not valid until a
notarized signature is received from the property owner. As
part of the document containing the notarized signature, the
property owner shall certify that she has read, understands, and
acknowledges the final City Council action, including the
resolution and conditions. This condition shall be satisfied
within 60 days of City Council action."; recommending that a
community member be added to the board of directors,
discontinuing publicizing the open AA meetings to be held at
the site; based on the following findings:
A. The City Council understands that state and federal
policy requires that some alcohol and drug recovery and
treatment facilities be located in a residential setting to
afford the recovering addicts group support and to start
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the process of reintegration into normal society.
However, such users must be compatible with the zone
in which they , are established. The City Council cannot
find that this facility is substantially compatible with
developments in the same general area or that it would
not be -materially , detrimental to other properties in the
area. The 'proposed use is not residential in nature, but
rather commercial in nature, given that it provides
regular and institutionalized services to members of the
public. -Due to factors- including, but not limited to, the
transiency of the guests and the relative lack of control
the management and the guests themselves have over
.the others who temporarily. occupy the facility, it is
unlikely that the. residents will form the close, social,
economic, and. psychological commitments to each other
that typifies alSingle housekeeping unit.
B. The City Council cannot find that the facility will not be
materially detrimental to the health, safety, and general
welfare of the public or otherwise injurious to property or
improvements within the immediate neighborhood. The
record reflects that this facility generates more police,
fire, and emergency response calls than do residential
uses in the neighborhood. Moreover, the City has
received complaints about excessive noise and increased
parking and traffic problems due to the large number of
people residing at and visiting this facility. Of even more
importance and concern is the evidence indicating that
the facility may continue to provide detoxification
services (i.e., to accept residents who are currently
under the influence of alcohol and/or drugs), despite the
fact that the facility is not licensed to provide such
services and that it has expressly declared to the
California Department of Alcohol and Drug Programs that
it will cease providing such services. By accepting
residents who are currently `under the influence of drugs
and/or alcohol, the facility dramatically changes the
character of the neighborhood .by, among other things,
creating excessive and disruptive noise, conceivably at
all hours of the day and night, and necessitating the
presence of more emergency vehicles at the facility.
Among other problems, this disrupts and changes the
character of the residential neighborhood.
C. Although the City Council has determined that the
proposed use is incompatible. with the surrounding area,
in light of the state and federal policy referenced above,
and as a reasonable accommodation to those in need of
rehabilitation, as required by the federal Fair Housing
Act, the City Council''believes that the conditions
imposed on the facility, as set forth in exhibit "B" , will
reduce the detrimental effects of the facility on the
neighborhood. Specifically; the condition limiting the
number of residents that the facility may serve to 7 or
fewer persons is reasonable because that number of
residents is at least somewhat consistent with the
surrounding uses of property given that the City's
records reveal that the average occupancy load in the
area in which the facility is located is 2.96. While the
City Council still finds that the transiency of the users of
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the facility is inconsistent with the surrounding uses of
property, that impact is reduced by limiting the number
of recovering addicts to 7 or fewer, yet still providing for
the provision of recovery services in a residential setting.
D. Granting the conditional use permit will not allow a use,
density or intensity which is not in accordance with the
general plan designation for the property. The proposed
use of the, property is consistent with the policies and
goals of the general plan.
E. The project has been reviewed for compliance with the
California Environmental Quality Act (CEQA), the CEQA
Guidelines, ; and the City environmental procedures, and
has been found to be exempt from CEQA.
F. The project, as conditioned, is consistent with Chapter
XII, Article. 3, Transportation System Management, of
Title 13 of the Costa. Mesa Municipal Code in that the
development p'roject's traffic impacts will be mitigated by
the payment of traffic impact fees.
RECESS The Mayor declared a recess at 11:45 p.m., and reconvened
the meeting at 11:50 p.m.
OLD BUSINESS The Deputy City Clerk presented from the meeting of July 6,
Skateboard Facility 1999, skateboard facility site evaluation. A communication was
Site Evaluation received from the Lions Park Association containing comments
and concerns about the Skateboard Facility Site Evaluation in _
the Agenda Report, dated September 27, 1999. The Public
Services Director summarized the above mentioned report. The
Park Superintendent responded to questions from Council.
Bill Turpit, 1772: Kenwood Place, Costa Mesa, speaking on
behalf of the Lions Park Association, commended staff for a
thorough report, and observed that the use of Lions Park open
space will increase when the new Downtown Community
Center is completed: He suggested investigating TeWinkle
Park, Davis School, Costa Mesa High School, the Fairgrounds,
and the ;Civic Center park, as potential sites.
Jim Gray, 215 Knox Street, Costa Mesa, encouraged Council to
proceed with the project.
Brian Todd, 1845 Anaheim Avenue, .No. 3A, Costa Mesa,
mentioned that building the skateboard facility at Lions Park
would bring in many young people from otherareas, and
expressed his concerns on safety issues. He supported
investigating Shiffer Park, Wakeham Park, the area at the Civic
Center, and Newport -Mesa Unified School District property.
Paul Schmidt, 1351 Logan Avenue, Costa Mesa, offered his
assistance in finding the right location, and supported Lion's
Park as one of the best choices because of accessibility. He
reported that the City of Glendale documented noise studies at
Murdy Park in Huntington Beach where they found a 50 decibel
level, and a skateboard park in Temecula which had a decibel
level of 40.
Warren Christianson, 1845 Anaheim Avenue, Costa Mesa,
observed that -'-a skateboard facility at Lions Park would be
incompatible with the neighborhood.
Doug Scribner,.. 321 Avocado Street, No. P, Costa Mesa,
objected to spending a large amount of City money for the park
which would serve a small amount of the population.
MOTION/Gave A motion was made by Mayor Pro Tem Cowan, seconded by
Directions to Staff Council Member Somers, directing staff to open discussions
with the Newport -Mesa Unified School District, specifically
considering high schools and middle schools, in other words
any school that houses 6th grade and above, respond to the
Lions Park Association comments on the report, begin a public
exploration of Shiffer Park, TeWinkle Park, and Civic Center
sites as identified, draft a comprehensive long-term plan which
would identify locations for two or three parks, and return by
the meeting of November 15, 1999, with solid
recommendations.
Mayor Pro Tem Cowan clarified that Lions Park would remain. a
part of the study. Council Member Erickson stated that he
preferred not to proceed with yet another study, and anticipated
the completion of the skateboard facility. Mayor Pro Tem
Cowan replied that a site would be selected at the meeting of
November 15, 1999. Mayor Monahan asked that notice be
given to residents in neighborhoods near the proposed sites.
The motion carried 5-0.
NEW BUSINESS The Deputy City Clerk presented an ordinance amending
Millennium New Section 9-181 of the Costa Mesa Municipal Code to clarify the
Year Fireworks meaning of principal and permanent meeting place as it relates
to issuance of permits for the sale of safe and sane fireworks;
and a resolution authorizing the sale and discharge of certified
safe and sane fireworks for the millennium new year celebration
between December 26, 1999, and January 1, 2000. The
Affidavit of Mailing is on file in the City Clerk's office. The
Deputy City Clerk announced that 38 notices had been sent to
fireworks companies and to nonprofit organizations. The
Management Analyst reviewed the Agenda Report dated
September 15, 1999. She read a prepared statement from
Walden Hughes, 2527 Duke Place, Costa Mesa, Current Past
President of the Costa Mesa Orange Coast Lions Club, and Jess
Bequette, 2399 College Drive, Costa Mesa, Past President of
the Costa Mesa Orange Coast Lions Club, in support of the
fireworks.
Irene Lefebvre, 3100 Fernheath Lane, Costa Mesa, supported
the sale 'of safe and sane fireworks. She stated that the City
would gain revenue from the' sales, and suggested that the
period of sale should span a few days prior to the actual
celebration.
Also speaking in support of the new year fireworks were Costa
Mesa residents Ron Arnburgey, 2736 Cibola Avenue; Doug
Scribner, 321 Avocado Street, No. P; Linda Herzog, 2345
Fordham Drive; Karl W. Koenig, 3068 Fernheath Lane; Valerie
Schepens, 947 Serra Way; Colleen Atkins, 1356 Watson
Avenue; and Marilynn Capen, 2817 Drake Street.
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John Kelly.., American Promotional Events, 41111 Freeway
Drive, Suite 200, Santa Fe Springs, referred to Section 9-183,
Attachment F, of the Agenda Report, and asked why the
deadline -for filing an'application to sell fireworks for the 4t' of
July was June '1. IHe !reported that the application deadline for
the State Fire Marshall is . June 15. The Finance Director
responded that the' June 1 deadline is contained in the current
ordinance which was adopted on January 7, 1975.
MOTION/Adopted
On motion by Mayor Monahan, seconded by Mayor Pro Tem
Resolution 99-68;
Cowan, and carried 4-1, Council Member Erickson voting no,
Gave Ordinance
the following action was taken:
99-14 First Reading
Resolution 99-68 was adopted: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AUTHORIZING THE SALE AND DISCHARGE
OF CERTIFIED, SAFE AND SANE FIREWORKS FOR THE
MILLENNIUM ':NEW YEAR CELEBRATION BETWEEN
DECEMBER, 26, 1999, AND JANUARY 1, 2000, limiting the
sale of fireworks to December 29, 30, and 31, 1999, from
9:00 a.m. to, 10:00 p.m.; allowing the discharge of
fireworks on December 31, 1999, 4:00 p.m. to 12:00 a.m.,
and January 1, 2000, 12:00 a.m. to 12:30 a.m., and
allowing block, parties on December 31, 1999, from 4:00
p.m. to 12:00 a.m. on January 1, 2000, .from 12:00 a.m. to
1:00 a.m.
Ordinance 99-14 was given first reading: AN ORDINANCE
OF THE CITY 'COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AMENDING SECTION 9-181 OF THE COSTA
MESA MUNICIPAL CODE TO CLARIFY THE MEANING OF
PRINCIPAL AND PERMANENT MEETING PLACE AS IT
RELATES TO THE ISSUANCE OF PERMITS FOR THE SALE
OF SAFE AND SANE FIREWORKS. Second reading and
adoption are scheduled for the meeting of October 18,
1999.
Council Member Erickson opposed the motion based in part on
the viewpoint of the Fire and Police Departments.
NEW BUSINESS The Deputy City Clerk presented a request for installation of
Santa Ana Avenue/ four-way stop signs at the intersection of Santa Ana Avenue
Magnolia Street and Magnolia Street. The Public Services Director summarized
Four -Way Stop the Agenda Report; dated September 23, 1999.
MOTION A motion was made by Council Member Erickson, seconded by
Directions Given Mayor Pro Tem Cowan, to direct staff not to pursue the four -
to Staff way stop controls at the intersection of Santa Ana Avenue and
Magnolia Street.
Council Member Somers opposed the motion, stating that the
extra stop signs could slow down the traffic on those streets.
SUBSTITUTE A substitute motion was made by Mayor Monahan, seconded
MOTION/To by Council Member Somers, directing staff to place this item on
Proceed Failed to an agenda and to� notice the church and the residents in the
Carry area. The substitute motion failed to carry 3-2, Council
Members Cowan, Erickson, and Dixon,, voting no.
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I.
The original motion carried 3-2, Council Members Monahan and
Somers voting no.
NEW BUSINESS The Deputy City Clerk presented the Santa Ana River Crossings
SARX Study (SARX) Study .update, Community Objective 98-134; and West
Update; West Side Side Specific Plan .Status .Report No. 10, Community Objective
Specific Plan 98-D1. The Development Services Director reviewed the
Agenda Report dated September 27, 1999, noting that a
tentative meeting is scheduled for October 20, 1999, with the
West Side Latino Business Council, and November 9, 1999,
with the all west side businesses. The Public Services Director
summarized the Agenda report dated September 24, 1999,
regarding the Santa Ana River Crossings.
COUNCIL Council Member . Somers acknowledged the two boy scout
COMMENTS troops who had been in attendance this evening.
Sandy Pinkerton Council Member Erickson acknowledged Sandy Pinkerton for
Acknowledged her work representing the Mesa del Mar Homeowners
Association; several committees in the City; the Parks,
Recreation Facilities and Parkways Commission; Save Our Youth
Neighbors -for- and the Senior Corporation. He reported that he, Mayor Pro
Neighbors Tem Cowan and Council Member Dixon had participated in the
Neighbors -for -Neighbors Cleanup on Saturday, October 2,
1999. He noted his understanding that the next cleanup, which
will duplicate this effort, need not be brought before Council.
Centerline Project Mayor Pro Tem Cowan reported her attendance at the Joint
Agency meeting on the Centerline Project, and requested that
Council explore and define locally preferred alternatives at the
meeting of October 18, 1999, to be forwarded to the Orange
County Transportation Authority (OCTA) Board as a Council
action. The Public Services Director stated that the process will
begin at the study session of October 11, 1999. Mayor Pro
Tem Cowan asked the Director to contact OCTA, and he replied
that he has been meeting regularly with the Director at OCTA
who oversees this project,. and the schedule has been locked in.
ADJOURNMENT The Mayor declared the meeting adjourned at 1:05 a.m.
eq.., (_��
Mayor of th City of Costa Mesa
ATTEST:
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Deputy Ci Clerk of the City of Costa Mesa
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