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HomeMy WebLinkAbout01/15/2001 - City Council1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 15, 2001 The City Council of the City of Costa Mesa, California, met. in regular session January 15, 2001, 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 Cowan. ACKNOWLEDGE- The Administrative Services Director gave a presentation honoring MENT/Commemorated Dr. Martin Luther King, Jr., in conjunction with a slide presentation Martin Luther King, Jr. which commemorated his accomplishments. He commented that the heart of Dr. King's philosophy was a concept of service, measuring a person's worth by their commitment to making a better life for everyone, and quoted Coretta Scott King who stated that, "The greatest birthday gift my husband could receive is if people of all racial and ethnic backgrounds celebrate the holiday by performing individual acts of kindness through service to others." ROLL CALL Council Members Present: Mayor Libby Cowan Mayor Pro Tem Linda Dixon Council Member Gary Monahan Council Member Karen Robinson Council Member Chris Steel Council Members Absent: Officials Present: None City Manager Allan Roeder City Attorney Jerry Scheer Development Services Director Donald Lamm Public Services Director William Morris Administrative Services Director Steve Hayman Planning and Redevelopment Manager Mike Robinson Transportation Services Manger Peter Naghavi Police Lieutenant Ron Smith Senior Police Officer Paul Dondero Deputy City Clerk Mary Elliott ORDINANCES AND A motion was made by Council Member Monahan, seconded by RESOLUTIONS Mayor Pro Tem Dixon, and carried 5-0, to read all ordinances and resolutions by title only. PROCLAMATION Sue Smith and Julie Chan, Newport -Mesa Unified School District Sister City Wyndham, administrators, provided an overview of the Sister City Program. Victoria, Australia Mayor Cowan read proclamations recognizing sister city Wyndham, Victoria, Australia, educators Sharon Ranger, who was not in attendance, Elissa Reynolds, Heidi Morgan, Jeannette Hearn, Sarah Serong, and Raymond McCredden, and City Counselor Karen Roberts, who was not in attendance, for their contributions to increasing the understanding between nations and enriching the experience of teachers, students, elected officials, and business leaders in our community. She presented the documents to those in attendance. The delegation from Wyndham presented Council with several pieces of memorabilia. Mayor Cowan announced that the proclamation for City Counselor Karen Roberts will be presented at a reception in her honor at Skosh Monahan's, 2000 Newport Boulevard, Costa Mesa, on Monday, January 22, 2001. PRESENTATION Mayor Cowan reported that recent actions by the owners of the Ice Ice Chalet Chalet on Harbor Boulevard have generated a considerable amount of public interest, and invited representatives of this group to summarize their concerns. She commented that this is not an agenda item and was uncertain whether it fell within the jurisdiction of the City Council. She stated that Oral Communications addresses only items which are under the purview of Council. Paul Freeman, C. J. Segerstrom & Sons, 3315 Fairview Road, Costa Mesa, reported that owners of the Ice Chalet had asked for an early release from their long-term lease, and C. J. Segerstrom & Sons had complied with their request. Council Member Steel suggested that the Segerstroms either retain the skating rink or relocate it to the Home Ranch area. Mr. Freeman replied that the Home Ranch project consists of a two-story business park, residential area, and an IKEA store, and does not include this type of use. He responded to questions from Council Member Robinson by stating that a demolition date has not been set nor are there future plans for the Ice Chalet. Council Member Robinson asked that a demolition date, which she believed to be at the end of January, be postponed in order that a corporate sponsor may be located to take over the lease or buy the property. Mr. Freemen reiterated that there is no demolition date, and the deadline in January is the date by which the Ice Chalet will vacate the property. David Martinez, 1592 Caraway Drive, Costa Mesa, addressing closure of the Ice Chalet on January 28, 2001, appealed to the City for assistance in creating an agenda for development of an independent ice rink, and in approaching the Segerstrom organization to garner their support. Mayor Cowan commented that this is a business decision made by Ice Chalet representatives, and asked exactly what Mr. Martinez is requesting of the City. Mr. Martinez felt that the City and the community should have been noticed of the closing by C. J. Segerstrom and Sons, and asked the City to take any action possible. Mayor Cowan replied that the Segerstroms are in confidential negotiations with the business owner, and suggested that Mr. Martinez and his group approach the Segerstroms and ask what can be done. She suggested that he determine the interest of the Ice Chalet in selling or leasing their building, and asked that the status of these discussions be placed on the agenda for the meeting of February 20, 2001. Connie Jankaoski, 18879 Monte Castile Circle, Fountain Valley, and Carol Blankfield, 9341 Southshore Drive, Huntington Beach, spoke about the popularity of the Ice Chalet, stating that it is beneficial to the City for the rink to remain open. ORAL COMMUNICA- Robert Graham, 3260 Dakota Avenue, Costa Mesa, presented TIONS/Fairview photographs of the erosion on the bluff tops at Fairview Park. He Park Bluff Top Erosion reported that the "clay cap" hadi been severely compromised, and stated that it is imperative to consult an expert immediately. Mayor Cowan asked the Public Services Director to provide an update at the meeting of February 5, 2001: Santa Ana Heights Robert Hanley, 1601 Indus Street, Costa Mesa, indicated that Annexation; John residents of the Santa Ana Heights area in which he lives wish to Wayne Airport be relocated into the Newport Beach sphere of influence. He expressed his concerns regarding John Wayne Airport, and told of his attempts to mitigate the situation by promoting EI Toro Marine Air Corps Station as an alternative. He noted that the community is progressive and will continue to grow, and asked that the City take a more active interest in the airport situation. A Santa Ana Heights resident addressed the EI Toro land use issue. Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, provided a slide presentation of a County proposal regarding a sloped area of John Wayne Airport which involves Costa Mesa, Santa Ana Heights, and Newport Beach. He presented his design for the slope in lieu of a proposed wall. He contended that there is a plan to remove half the slope to allow for future runway expansion. Somers Comments Heather Somers, 313 Robin Hood Lane, Costa Mesa, supported Russ Niewiarowski's request, asking that a letter be forwarded to the Orange County Board of Supervisors regarding the proposed wall at John Wayne Airport. She asked Council to review the contract with City tree -trimmers, reporting that the 90 -year old date palm trees on the east side are being butchered. She asked why the City of Newport Beach will be receiving an increase of 10 percent in their electric bills, while Costa Mesa will be receiving an 18 percent increase. The City Manager could not confirm the reason for the difference in rates, but stated that almost 50 percent of the City's cost for electrical utilities is attributed to street lighting. Mrs. Somers commended the City's use of a powerpoint presentation. Mayor Cowan asked the City Manager for a written status report on the wall at John Wayne Airport. Cochran Comments Harvey Alexander Cochran, 2111 Doctors Circle, Apt. A-101, Costa Mesa, thanked the Development Services Director for action taken regarding sign infringement on Harbor Boulevard, previously reported at the meeting of January 2, 2001. He congratulated the Lighthouse Thrift Store which opened for business this date, and commended the business for its landscaping. He reported that several trees on Fairview Road encroach onto the street. Mayor Cowan asked Mr. Cochran to contact the Parks Department regarding the trees. Planning Application Alison Aquon, 215 Cabrillo Avenue, Costa Mesa, addressed PA -99-12 Planning Application PA -99-12 regarding property at 1716 Orange Avenue/204 East 17th Street, noting that her residence is affected by the lighting and the appearance of the building. She maintained that the conditions of approval have not been met, and asked that the City and/or the owners of the property remedy the situation. The Development Services Director indicated that he is well aware of the situation, and stated that the building is near completion and occupancy is being withheld pending correction of any infractions. He reported that a letter has been forwarded to Mrs. Aquon. West Side Neighbor- Janice Davidson, 1982 Arnold Avenue, Costa Mesa, commended hood Watch Police Officer Jerry Hildeman, a new officer on the west side of Costa Mesa, who has arranged for a Neighborhood Watch meeting in her area. IMN East 17th Street Dan Purlmutter, 450 Newport Center Drive, Newport Beach, Widening addressed the proposal to widen East 17th Street, stating that it is time to adopt a four -lane plan. He asked Council to amend the General Plan in order to revise the requirement to widen a portion of East 17th Street to -six lanes.: He stated that a member of the East 17th Street Merchants and Community Association has designed a four -lane plan with ; bus turnouts and enhancements. Mr. Purlmutter asked about an environmental impact report, stating that the association : had only received a mitigated negative declaration. Mayor Cowan thought that the east side traffic should be reviewed, residential as well as that on Newport Boulevard, and noted that a report will be forthcoming in March, 2001. Council Member Robinson asked that this item be placed on an agenda for a Council study session prior to March, 2001. Curt Herberts, Pacific Coast Realty Group, 234 East 17th Street, Costa Mesa, a member of the East 17t Street Merchants and Community Association, expressed concern regarding the method by which East 17th Street will be widened. He indicated that the City's Traffic Engineering Division, under Council direction, has initiated concepts of multiple alternative plans to rebuild the street into a six -lane highway. He stated that the Association is opposed to a six -lane highway. Mr. Herberts asked that Traffic Engineering be provided with new directives which are consistent with the community desires for,an improved East 17th Street. Job Center Martin Millard, 2973 Harbor Boulevard, Costa Mesa, reported on his adventures at the City's Job Center, 1679 Placentia Avenue, stating that identification papers; are not properly reviewed, and he had been asked to leave. Street Sweeping Eleanor Egan, 1893 Parkview Circle, Costa Mesa, expressed Signs; Code Enforce- appreciation to the Public Services Director for the installation of ment street sweeping no parking signs on 19th Street between Federal and Monrovia Avenues. She explained the severity of the problem, noting that the street sweeper has made a momentous improvement. She commended the City's Code Enforcement efforts on the west side. Feeney Comments John Feeney, 1154 Dorset Lane, Costa Mesa, asked when the City Council will address a' gang ordinance. Mayor Cowan replied that a City Council member is required to place that item on the agenda. Referring to his previous comments that property owners in the "Fillmore Slum" have harassed their tenants into refusing to cooperate with Code Enforcement personnel and the Police Department, he asked if plans were in place to correct , the situation. The City Manager answered that he will consult with the Police Department, provide a confidential report to Council, and meet with Mr. Feeney. Mr. Feeney asked that persons who address City Council be required to provide at least the city of their residence. He asked that a City Council member, as soon as possible, place on the agenda ;the Buena Park gang ordinance. Council Member Steel stated that the City Attorney is investigating the ordinance and will provide a report. CONSENT On motion by Council Member Monahan, seconded by Mayor Pro CALENDAR Tem Dixon, and carried 5-0, all Consent Calendar items were MOTION/Approved approved as recommended. READING FOLDER The following reading folder items were received and processed: Claims Claims received by the Deputy City Clerk: Robert M. Orahood; Joan E. Ellis; and Gary Don Deadmon. Alcoholic Beverage Alcoholic Beverage Control (ABC) License requests: Licenses Bistro Japan, 1870 Harbor Boulevard, Suite A100 (formerly Pain du Monde), for an original Type 41 ABC license (on sale beer and wine for a bona fide eating place). Mobil Gas Station, 3006 Harbor Boulevard, for a person-to- person transfer of a Type 20 ABC license (off -sale beer and wine). The Huddle, 741 Baker Street, for a stock transfer of a Type 48 ABC license (on -sale general for public premises). Public Utilities Notice from Southern California Edison Company that it has Commission filed an application with the Public Utilities Commission for authorization to raise electric rates as of January 4, 2001. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1830, funding City operating expenses for 1830 $676,085.02. Approved Warrant Warrant Resolution 1831, funding Payroll 101 for 1831/Payroll 101 $1,654,667.45, and City operating expenses for $666,514.88, including payroll deductions. ADMINISTRATIVE Bids received for Bid Item No. 1057, New Ford Super Duty F-350 ACTIONS/Awarded Bi -Fuel Stencil Truck, are on file in the City Clerk's office. The Bid Item No. 1057, contract was awarded to Raceway Ford, 5900 Sycamore Canyon Truck, to Raceway Boulevard, Riverside, for $71,462.78. Accepted Easement A street and highway easement was accepted from C.J. Deed No. 3444, Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, for 2888 Harbor Boule- property at 2888 Harbor Boulevard, in accordance with the vard, PA -00-12 conditions of approval for Planning Action PA -00-12; and the Mayor and Deputy City Clerk were authorized to sign Easement Deed No. 3444 on behalf of the City. RECESS The Mayor declared a recess at 8:20 p.m., and reconvened the meeting at 8:30 p.m. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued South Coast Plaza from the meeting of December 4, 2000, for Paul Freeman, Town Center authorized agent for South Coast Plaza and the Orange County Performing Arts Center, and Phillip Schwartze, authorized agent for CommonWealth Capital Management, LLC/Fifth Street Properties, to expand South Coast Plaza Town Center, generally located between Sunflower Avenue, the San Diego Freeway (I- 405), Avenue of the Arts, and Bristol Street: Final Program Environmental Impact Report No. 1047 for South Coast Plaza Town Center (State Clearing House No. 2000041100). General Plan Amendment GP -00-02, to amend the 1990 General Plan text and figures to change the land use desig- nation from Urban Center Commercial to Cultural Arts Center on 54 net acres; to increase the trip budget; to increase the floor area ratio (FAR) to 1.77 from 0.60/0.50; and to amend the Master Plan of Highways to delete a portion of Town Center Drive Between Bristol Street and Avenue of the Arts and to incorporate other miscellaneous amendments. Specific Plan Amendment SP -00-01, to amend the North Costa Mesa Specific Plan text and figures relative to Area 4's land use designation, trip budget, maximum allowable FAR and building square footage, maximum building heights, and the preservation of the "California Scenario" garden. Town Center Preliminary Master Plan PA -00-38, for an amendment to reflect the proposed general plan and specific plan amendments, and to further delineate the three sub -areas of South Coast Plaza Town Center. An ordinance approving Development Agreement DA -00-02 between the City of Costa Mesa and South Coast Plaza. An ordinance approving Development Agreement DA -00-03 between the City of Costa Mesa and the Orange County Performing Arts Center. An ordinance approving Development Agreement DA -00-04 between the City of Costa Mesa and Fifth Street Properties. The Affidavits of Publication and Mailing are on file in the City Clerk's office. A communication was received from Doug Sutton, 2739 Canary Drive, Costa Mesa, suggesting that the interaction between the City and the Segerstroms remain positive, constructive, and rewarding for: both parties. The Planning and Redevelopment Manager reviewed the Agenda Report dated January 8, 2001. He and the, Transportation Services Manager responded to questions from Council. Council Member Robinson asked for the parking analysis table which was not available prior to the Council meeting, and Mayor Cowan asked that it be provided to all Council Members. Jim Anderson, Commonwealth Partners, 633 West Fifth Street, 72nd Floor, Los Angeles, addressed the Noguchi California Scenario Outdoor Sculpture Garden, proposing to remove the time limit for preservation and maintenance of the garden and substitute words such as, "preservation and maintenance indefinitely", and then to work with staff to define the terms to settle any differences. He confirmed that they had retained a traffic engineer to review the study for the Avenue of the Arts off -ramp at the 1-405 Freeway. Paul Freeman, agent for South Coast Plaza and South Coast Plaza Partners, 3315 Fairview Road, Costa Mesa, noted his availability to answer questions. He asked for the record that final action be taken at the meeting of February 5, 2001. Paul Wilkinson, Linscott, Law, and Greenspan, consulting traffic and parking engineers, 1580 Corporate Drive, Suite 122, Costa Mesa, provided exhibits to bring visibility to the parking issue concerns which had been expressed, and provided an overview of the parking situation. Robin Leffler, 3025 Samoa Place, Costa Mesa, expressed concern when the significance of cumulative impact is minimized. She encouraged Council to limit the impact in the City to that which is comfortable, not to the maximum that the infrastructure can possibly bear. She suggested that it may be appropriate to place a moratorium on any more development above the General Plan parameters until there is an update of the Plan with appropriate public input. Harvey Alexander Cochran, 2111 Doctors Circle, Apt. A-101, Costa Mesa, Vice President of the Beachwood Chapter of California for Disability Rights and Advocacy, asked about handicap parking for single car and van access. Mayor Cowan replied that the codes require that the American with Disability Act standards for parking are met. Robert Graham, 3260 Dakota Avenue, Costa Mesa, objected to Costa Mesa becoming a mediocre city, and commented that the subject project will allow the City to grow. He suggested that Commonwealth Partners be encouraged to enhance the City by placing artwork on the street. Mayor Cowan stated that there are negotiations within the . development agreement to include additional art elements throughout the area. John Feeney, 1154 Dorset Lane, Costa Mesa, upon ascertaining that a hotel is included in the project, noted that hotels are one of the businesses that traditionally exploit cheap labor. He complained that, over the years, the Segerstroms have not worked to rid the City of slums. Kirk Bauermeister, 498 Traverse Drive, Costa Mesa, reported that the freeway retaining wall will be located five feet from his rear fence, and asked about noise abatement measures. The Transportation Services Manager indicated that there are no plans to build in Mr. Bauermeister's area. Paul Flanagan, 3090 Bali Circle, Costa Mesa, objected to the word "indefinitely" being used in relation to the Naguchi Gardens, and to the reference to Reston, Virginia, in the applicant's presentation. MOTION/Continued A motion was made by Council Member Monahan, seconded by to February 5, 2001 Mayor Pro Tem Dixon, and carried 5-0, to continue the public hearing to the meeting of February 5, 2001. OLD BUSINESS The Deputy City Clerk presented from the meeting of January 2, Residential Service 2001, second reading and adoption of Ordinance No. 01-1, to Facilities correct the references to "residential service facilities". MOTION/Adopted On motion by Council Member Monahan, seconded by Mayor Pro Ordinance 01-1 Tem Dixon, and carried 5-0, Ordinance 01-1 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TABLE 13-30, CITY OF COSTA MESA LAND USE MATRIX, IN TITLE 13 OF THE COSTA MESA MUNICIPAL CODE TO CORRECT THE REFERENCES TO RESIDENTIAL SERVICE FACILITIES. OLD BUSINESS The Deputy City Clerk presented from the meeting of January 2, Living Wage 2001, payment of living wage by City contractors. Mayor Cowan asked that the living wage issue be placed on the agenda for the study session of February 12, 2001, requesting that Council Members review the questions prepared by the City Manager. MOTION/Referred to A motion was made by Mayor Cowan, seconded by Mayor Pro February 12, 2001, Tem Dixon, and carried .5-0, to refer this item to the study session Study Session of February 12, 2001. Mayor Cowan suggested that after discussing the living wage at the study session, staff should' then prepare information on the economic impact, and return the item to a Council agenda. OLD BUSINESS The Deputy City Clerk presented from the meeting of January 2, Commissioner 2001, a draft ordinance regulating commissioner appointments. A Appointments communication was received from Fred Bockmiller, Jr., 1872 Monrovia Avenue, No. B4, Costa Mesa, opposing the proposal to have each Council Member appoint a Planning and Parks Commissioner. The City Attorney summarized the Agenda Report dated January 12, 2001. Council Member Robinson addressed Item No. 2 on Page 2 of the ordinance, "A commissioner may be removed from office by the appointing council member, without cause and by a majority vote of the council upon a finding that the commissioner has violated any city, state, or federal law.", suggesting that the use of "and" in the sentence renders the phrases before and after the "and" conditions of removal. She agreed to using the word "or" in lieu of "and". She commented that her request to not limit the reasons by which the majority of Council could remove a commissioner is not reflected in the ordinance. Eleanor Egan, 1893 Parkview Circle, Costa Mesa, objected to the proposal, stating that City commissions should be insulated from political pressure. She noted that a relatively independent Planning Commission provides a measure of insulation for land - use decisions without pressure from developers and other interested parties. Harvey Alexander Cochran, 2111 Doctors Circle, Apt. A-101, Costa Mesa, commended Planning Commissioners for a job well done. He agreed that the three -commissioner vote should be retained. William Perkins, 1300 Adams Avenue, No. 11 P, Costa Mesa, objected to the proposal because the commissioners would be subject to the whim of the appointing Council Member. He believed that commissioners should have independent thoughts and the right to speak their minds. Bill Turpit, 1772 Kenwood Place, Costa Mesa, agreed with the Daily Pilot editorial staff who identified the proposal to require citizenship screening in the selection of City commissioners as, "..a shameful act targeted against Latinos who have become the scapegoat for every problem in Costa Mesa." He reported that City staff suggests that Council adopt a requirement that commissioners be qualified electors. Tom Egan, 1893 Parkview Circle, Costa Mesa, supported the individual appointment of commissioners, stating that Council will be more accountable to the residents. He identified the positive aspects of the new system, noting that current actions at the commission level are taken by persons who are not elected. Doug Sutton, 2739 Canary Drive, Costa Mesa, observed that City Council has always had the final authority. He added that the Planning Commissioners are committed and responsible Costa Mesa residents who have contributed a great deal of time. Robert Graham, 3260 Dakota Avenue, Costa Mesa, commented that the present system works well, and asked if the change would comply with the "spirit of the law". Robin Leffler, 3025 Samoa Place, Costa Mesa, expressed reservations regarding the proposal, and agreed with the comments made by Eleanor Egan. MOTION/Retained A motion was made by Council Member Monahan, seconded by Existing Code Proce- Council Member Steel, and carried 5-0, to continue to follow the dures system outlined in the Costa Mesa Municipal Code, appointing commissioners by majority vote of the City Council. Mayor Pro Tem Dixon supported the motion but felt that each new City Council should have the opportunity to review existing commissions. Mayor Cowan supported the motion, suggesting that changes could be made to the ordinance in the future. Council Member Robinson expressed concerns about the proposed ordinance, noting her support of the motion. She thanked staff for their efforts. Council Member Steel supported the motion declaring the current concept stable and sound. Mayor Cowan clarified that the motion did not include a two-year term limit. MOTION/Reduced A motion was made by Mayor Cowan, seconded by Mayor Pro Number of Parks Tem Dixon, and carried 3-2, Council Members Monahan and Commissioners Robinson voting no, to reduce the number of members of the Parks, Recreation Facilities and Parkways Commission from seven to five, and to limit the term of the commissioners to two years. 1 Council Member Monahan supported the reduction of Parks Commission members but opposed reducing the terms to two years, stating that it is important to retain some continuity and experience. Mayor Cowan asked that Council review the applications and submit a list to her of four prospects to be interviewed. The City Manager provided an overview of the process utilized when commissioners were appointed previously. Mayor Cowan pointed out that because an applicant is not interviewed, it is not an �J indication that he/she is not being considered for appointment. ----� She added that sitting commissioners are not usually interviewed because they have been observed in action for the past four years. Mayor Pro Tem Dixon asked staff to supply applicants with the standards of conduct and a description of the responsibilities for 11:7 f both commissions. Council Member Monahan asked staff to provide the attendance record of the City commissioners who have reapplied. OLD BUSINESS The Deputy City Clerk presented from the meeting of January 2, Council Meeting 2001, a resolution concerning Council meeting agendas. Mayor Agendas Cowan clarified that Council Member Comments will follow the Consent Calendar; the title Oral Communications will be changed to Public Comments; and an addition will be made to the first page, after approval of the minutes, "To read all ordinances and resolutions by title only." MOTION/Adopted A motion was made by Mayor Cowan, seconded by Council Resolution 01-5 Member Monahan, and carried 5-0, Resolution 01-5 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING COUNCIL MEETING AGENDAS, revising Item (g) to read, "Council Member Reports, Comments, and Suggestions," as recommended by Council Member Robinson. OLD BUSINESS The Deputy City Clerk presented from the meeting of November Placentia Avenue 20, 2000, proposed undergrounding of utilities on Placentia Undergrounding Avenue from 20th Street to Wilson Street and on 19th Street from Monrovia Avenue to the westerly City limits. A communication was received from Eleanor Egan, 1893 Parkview Circle, Costa Mesa, suggesting that it may be feasible to free up enough money to complete undergrounding along the last one and one-half blocks of West 19th Street, District 21, by deleting the Placentia Avenue portion from Center Street south to 18th Street, and to alter the portion north of 19th Street to stop partway to 20th Street. A letter was also received from Kim Scherer, Region Manager, Southern California Edison Company, 1325 South Grand Avenue, Santa Ana, stating that Edison must suspend all Rule 20A projects to underground utilities because of a financial crisis. The Public Services Director summarized the Agenda Report dated January 8, 2001, and responded to questions from Council. Tom Egan, 1893 Parkview Circle, Costa Mesa, questioned Edison's ability to spend the underground funding. Mayor Cowan responded that they are not necessarily utilizing the Rule 20A funds, but have indicated that their staffing efforts are required in other areas at this time. MOTION/Tabled A motion was made by Council Member Monahan, seconded by Mayor Pro Tem Dixon, and carried 5-0, to table this item until further information is obtained by the Public Services Director. RECESS The Mayor declared a recess at 10:20 p.m., and reconvened the meeting at 10:30 p.m. NEW BUSINESS The Deputy City Clerk presented an urgency ordinance imposing a Construction Mora- moratorium on construction of certain new residences and torium remodels on R1 lots. The Development Services Director summarized the Agenda Report dated January 8, 2001. Doug Sutton, 2739 Canary Drive, Costa Mesa, suggested developing a Citywide notification system. He asked if the property owners still have a right to build if the City's Planning Division turns down their project. The City Attorney replied that the answer is probably yes. Mr. Sutton announced that he is in complete opposition to any moratoriums, and asked for open debates on every development, starting with the Home Ranch project, including the cost and benefit to the entire City. Robert Graham, 3260 Dakota Avenue, Costa Mesa, asked what measures could be taken to preclude properties in R1 areas from being built for commercial purposes. Mayor Cowan asked the Development Services Director to prepare a response to Mr. Graham's question. Robin Leffler, 3025 Samoa 'Place, Costa Mesa, noted the importance of protecting property rights and neighborhoods, commenting that under the moratorium most residents will be allowed to proceed with their remodeling. MOTION/Adopted On motion by Mayor Pro Tem Dixon, seconded by Mayor Cowan, Urgency Ordinance and carried 5-0, Ordinance 01-2 was adopted: AN URGENCY 01-2 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, IMPOSING A MORATORIUM ON 1 1 F -i r CONSTRUCTION OF CERTAIN NEW RESIDENCES AND REMODELS ON R-1 LOTS, for a 45 -day period as proposed by staff. Council Member Robinson supported the motion and concurred with comments by Mrs. Leffler that the current codes and standards should protect any of the City's neighborhoods from out - of -scale, incompatible structures. Council Member Steel supported the motion, agreeing with comments made by Mr. Sutton. Council Member Monahan asked the City Manager to bring to Council within the next two weeks, options regarding Mr. Sutton's suggestion about using the internet for noticing and advertising in the newspaper, in order to notify residents in R1 and R2 areas concerning standard changes. He indicated that he was also interested in noticing proposals such as a community newsletter, and commented that this matter is urgent due to upcoming major revisions. NEW BUSINESS The Deputy City Clerk presented an ordinance repealing and Massage Ordinance replacing Title 9, Chapter II, Article 22 of the Costa Mesa Municipal Code (CMMC) regarding massage establishments, practitioners, and employees. The Senior Police Officer reviewed the Agenda Report dated January 4, 2001, and responded to questions from Council. Larry Horton, 3140 Red Hill Avenue, Costa Mesa, employee of a Costa Mesa chiropractor, asked not to be grouped with persons who provide illegal massages. Shapley Kimes, Attorney at Law, 4199 Campus Drive, Suite 600, Irvine, representing a woman who owns two massage businesses, reported that neither establishment has ever received a complaint. He commented on the stringent regulations imposed on the second business located in an area recently annexed to the City of Costa Mesa, complaining that they are only allowed three months to comply. Mayor Cowan replied that the City is aware of this situation, several proposals have been made, and negotiations will take place. Mr. Kimes stated that the main problem is the time factor. Kelley Gast, BodXcentre, 660 Baker Street, No. 101, Costa Mesa, and 103 East 17 Street, Costa Mesa, stated that the publicity for massage has been negative. She commended the Police Department for their assistance. She noted her concerns with the proposed ordinance. The owner of massage businesses in Newport Beach and Costa Mesa, commented that a doctor's license would be jeopardized should prostitution occur in his office. He quoted from the laws and regulations of the State Board of Chiropractic Examiners, "Unlicensed individuals may administer physical therapy treatment as an adjunct to chiropractic adjustments provided the physical therapy treatment is conducted under the adequate supervision of a licensed doctor of chiropractic." Pat Edwards, Kneaded Touch, 1670 Santa Ana Avenue, Costa Mesa, supported testing for a massage license, and asked if every facility was required to have a shower. The Police Lieutenant replied that the ordinance does not require the installation of showers where none exist. '* Ma Louise Soltis, 16721 Landau Lane, Huntington Beach, owner of Mesa Massage and Sports Therapy, 2991 Grace Lane, No. 2G, Costa Mesa, stated that the therapists which caused the Police Department problems do not have permits. She agreed with the licensing process, and commented that the requirement that the door remain open should be addressed more carefully. The Police Lieutenant concurred 'with the Police Officer by stating that the purpose of the new restriction is not to eliminate legitimate massage establishments, and commented that the new regulations will be good for the industry. Tamara Homan, 2547 Anacapa Drive, No. 106, Costa Mesa, licensed therapist at the Bodycentre, 103 East 17th Street, Costa Mesa, commented that the newspapers have made persons in her profession look bad. She felt that the Police Department is placing pressure on legitimate therapists, and complained about the increase in the examination fee. Peggy Hagan, 5331 Anthony Avenue, Garden Grove, owner of PDH Massage, 170 East 17th Street, No. 208, Costa Mesa, felt that the City is progressing with the new ordinance Dr. Thomas Hugo, Back Pain Chiropractic, 1525 Mesa Verde Drive East, Costa Mesa, reported that he had never received a complaint regarding his massage therapist. Mayor Cowan clarified for Dr. Hugo that he, as an operator of a massage element, would be required to obtain an establishment permit. MOTION/Gave A motion was made by Council Member Monahan, seconded by Ordinance 01-3 Council Member Steel, and carried 5-0, to give first reading to First Reading Ordinance 01-3, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING AND REPLACING TITLE 9; CHAPTER ll, ARTICLE 22 OF THE COSTA MESA MUNICIPAL CODE REGARDING MASSAGE ESTABLISHMENTS, PRACTITIONERS, AND EMPLOYEES. Second reading and adoption are scheduled for the meeting of February 5, 2001. NEW BUSINESS The Deputy City Clerk presented the Centerline Project Centerline Project supplemental draft environmental impact state ment/revised draft environmental impact report; reaffirmation to support the Centerline Project by adopting the following recommendations to the Orange County Transportation Authority (OCTA) Board of Directors: Adopt Elevated Alternative 2 (EA2) on Bristol Street/Anton Boulevard as the preferred Centerline Project alignment within the City of Costa Mesa. Include the City of Costa Mesa as part of initial Minimum Operable Segment (MOS) South A, South B, or Central for the Centerline Project. Any station location, station, design, and overall aesthetics of the entire system within City boundaries must be consistent with the overall design quality and architectural distinction of the surrounding area as approved by the City Council. OCTA shall address all issues raised in City's previous comments to OCTA dated October 22, 1999, in response to the Draft Environmental Impact Statement/Draft Environmental Impact Report during completion of the Final Environmental Impact Statement/Environmental Impact Report. The Transportation Services Manager summarized the Agenda Report dated January 5, 2001. MOTION/Approved A motion was made by Mayor Cowan, seconded by Mayor Pro Items Tem Dixon, and carried 5-0, to approve the four staff COUNCIL recommendations listed above. Council Member Robinson thanked Council for taking the time for COMMENTS the Martin Luther King, Jr., presentation, stating that she would like Martin Luther King, the City to honor him by declaring this day as a City holiday. She Jr., Day asked that Council acknowledge all those who volunteer on committees, introducing all members to the community one City Committees meeting at a time. She indicated that the purpose would be to educate the community on the committees within the City. She Developer's asked if guidelines are in place to ensure that a developer's project Compliance complies with all conditions for the duration of a development, prior to beginning the second phase. Council Member Robinson asked East 17th Street that the widening of East 17th Street be placed on the study Widening session agenda for February 12, 2001. Mayor Cowan stated that East 17th Street is a piece of the bigger issue, and asked that the discussion be delayed until after the March presentation on the Environmental Impact Report. Council Member Robinson thought that perhaps City funds could be saved if this issue is dealt with earlier. The City Manager suggested that a copy of the draft study be provided to Council for review. Council Member Monahan suggested placing the item on the study session for March 12, 2001. Council Agenda Council Member Steel supported moving Council Members Comments to the first part of the agenda. He asked that Council's EI Toro Airport stand on the EI Toro Airport issue be discussed. Mayor Cowan indicated that the subject could be reviewed at the initial visioning and Council priority community .objectives meeting on Saturday, January 27, 2001. The City Manager offered to provide a packet on the currently adopted position on the .issues. Council Member Daily Pilot Articles Steel complained about reports in the Daily Pilot regarding his position on citizenship and immigration, denying that he "bashed" immigrants. Redevelopment Council Member Monahan suggested changing the time of the Agency Meeting Redevelopment Agency meeting to 6:30 p.m. on Monday evening following the study session. The City Manager confirmed that the time must be changed at an Agency meeting. Mayor Cowan asked that this be placed on the Agency agenda. Council Member Sister City Reception Monahan invited everyone to a reception at Skosh Monahan's on Monday, January 16, 2001, 5:30 p.m. to 7:00 p.m., to honor the sister city representatives. East 17th Street Mayor Pro Tem Dixon asked about the status of a report she had requested on East 17th Street. Mayor Cowan responded that there is a legal process taking place and the item may be brought to the study session in February, 2001. She invited everyone to support Costa Mesa Senior the Costa Mesa Senior Center V attending an event on January Center 16, 2001, at Ruby's on East 17t Street. Mayor Pro Tem Dixon reported that ReLeaf Costa Mesa has volunteered to plant more trees in Fairview Park, and asked that this be investigated. She thanked the Administrative Services Director for his tribute to Dr. Martin Luther King, Jr. Mayor and Council Mayor Cowan reported that last week she, Mayor Pro Tem Dixon, Member Institute and Council Member Robinson, attended the League of Cities Mayor and Council Member Institute, and advised that it is important to avail oneself of the educational and training opportunities put forth by the League. She informed the City Conflict of Interest Attorney's office of changes in the Conflict of Interest law and Code interpretations and asked them to follow up. She issued a reminder to City Council Members that Saturday, January 27, Visioning Meeting 2001, is scheduled as the day to discuss priorities, community objectives, and the visioning process. Mayor Cowan indicated that representatives from the City of Laguna Beach, currently undergoing a visioning process, will be in attendance. She asked that the public be advised, via the cable channel and press Seismic Retrofit releases in The Breeze and the Daily Pilot, of the seismic retrofit now underway at City Hall. She asked that the microphones at the two podiums in the Council Chambers be checked. Mayor Cowan spoke of her pleasure in being a Costa Mesa resident. ADJOURNMENT The Mayor declared the meeting adjourned at 12:20 p.m. Mayor of the City of Costa Mesa ATTEST: 1• Deputy City I rk of the City of Costa Mesa 1