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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. 349 350 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. Fj 1 1 1 rt; 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 352 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 353 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 i 1 1 1 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. 355 : 35 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 1 1 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 7 358 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. 359 360 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. 1 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: 1 Deputy Ci Clerk of the City of Costa Mesa 361