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HomeMy WebLinkAbout02/05/2001 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA February 5, 2001 The City Council of the City of Costa Mesa, California, met in regular session February 5, 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 presentation of the colors and the Pledge of Allegiance to the Flag led by the Costa Mesa Police Explorers. A moment of silence was observed for Nita Stallcup, an employee of the City's Planning Division, who passed away Friday, February 1, 2001, and the invocation was given by David Alford, Vanguard University. 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 Planning and Redevelopment Manager Mike Robinson Senior Police Officer Paul Dondero Parks Project Manager Dave Alkema Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Monahan, seconded by Council January 2 and Member Dixon, and carried 5-0, the minutes of the regular January 15, 2001 meetings of January 2 and January 15, 2001, were approved as distributed. 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. PRESENTATION Mayor Cowan congratulated Battalion Chief Jim Ellis on being Employee of the named Employee of the Month for January, 2001, in appreciation Month of his contributions as an employee of the Costa Mesa Fire Department. Chief Ellis was recognized for his dedication to the community, and for his kindness and genuine concern for the citizens of Costa Mesa. PUBLIC COMMENTS Robert Hanley, 1601 Indus Street, Santa Ana Heights, referred to Santa Ana Heights a survey which he had .recently received from the City regarding Annexation the Santa Ana Heights annexation issue. He commented on Santa Ana Heights residents preferring to be -annexed to the City of Newport Beach, and indicated that John Wayne Airport impacts his quality of life. 1 1 1 1 L Expansion of John Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, Wayne Airport understood that the Council intends to hire a consultant to provide "vision" for the City, and commented that it is the residents' vision which should be fulfilled. He expressed his desire to become incorporated into the City of Newport Beach, primarily because that City is a strong defense against the expansion of John Wayne Airport. He encouraged Council to investigate the possibility of expansion of EI Toro Marine Air Corps Station, and invited the Mayor to attend a meeting at the John Wayne Airport on Tuesday, February 6, 2001. Mayor Cowan stated that the City Council is on record as supporting an airport at EI Toro, and there is no intent to withdraw from the Orange County Regional Airport Authority (OCRAA), as had been suggested by Mr. Niewiarowski. Council Member Steel, as the City's representative to OCRAA, asked that Council's position on this issue be determined. Marcella Niewiarowski, 20102 Kline Drive, Santa Ana Heights, was appalled by the City's recent survey questionnaire regarding the unincorporated areas, and supported annexation of the area to Newport Beach. She indicated that Costa Mesa has not been supportive of their community issues such as the potential expansion of John Wayne Airport. West Side Redevel- Janice Davidson, 1982 Arnold Avenue, Costa Mesa, Chairwoman opment of Citizens for the Improvement of Costa Mesa, requested on behalf of the executive committee of her organization that the west side of Costa Mesa be redeveloped to rid the area of slums and blight. Mayor Cowan replied that this issue will be discussed at the Redevelopment Agency meeting on Monday, February 12, 2001, 4:00 p.m. Council Member Monahan informed Mrs. Davidson that an initial report regarding the cost to proceed with a redevelopment area will be presented at that time, and announced that reports are available from Development Services, Redevelopment, and the City Clerk's office. Martin Millard, 2973 Harbor Boulevard, Costa Mesa, agreed with previous speakers that redevelopment is imperative to remove the slums from the west side, Mesa North, and Mesa del Mar. Tim Cromwell, 2021 Swan Drive, Costa Mesa, urged Council to consider redevelopment of the west side, and supported eminent domain when appropriate. He suggested utilizing developers instead of consultants, and concurred that Mesa del Mar and other areas should be targeted City Council Eric Bever, 1046 Westward Way, Costa Mesa, Cochairman of the "Visioning" Meeting Westside Improvement Association, speaking on his own behalf, complimented City Council's "visioning" session at the Neighborhood Community Center, acknowledging the Council's recognition of the need for improvement and long-term planning in Costa Mesa. He quoted the Laguna Beach Mayor's comment that the process is "doomed to failure if the entire City is not involved", and recommended that the City cease expending time and money on this type of visioning, citing the City's geographically divided nature where neighborhoods are traditionally cohesive and the City as a whole is not. Cathy Waters, 1925 Wallace Avenue, Apt. A, Costa Mesa, opposed the "visioning" process for Costa Mesa, and stated that redevelopment of the blighted areas should begin. Rubbish on City Donald Nicholson, 2063 Republic Avenue, Costa Mesa, Streets commented that the City streets are dirty, and litter is washed into rivers and beaches when it rains. He noted that the City street sweepers are hampered in his area due to major parking problems. Mayor Cowan responded that an ordinance is being prepared which addresses street sweeping issues. The Public Services Director confirmed that staff is investigating City-wide no parking for street sweeping. Harbor Boulevard Harvey Alexander Cochran, 2111 Doctors Circle, Apt. A-101, Block Wall/Code Costa Mesa, provided Council with copies of the Californians for Enforcement Issues Disabilities Rights Beach -Wood Bulletin. He asked about the progress in replacing the damaged block wall adjacent to Harbor Boulevard. Mayor Cowan replied that the City Manager will be providing an update this evening. Mr. Cochran expressed concern regarding several unaddressed code enforcement issues contained in a list he provided to the City. The Development Services Director responded that Code Enforcement has received Mr. Cochran's complaints, has responded, and an officer has been assigned to handle his concerns. Victoria Street Land- Mildred Nicholson, 2063 Republic Avenue, Costa Mesa, scaping/Placentia complained about the landscaping on Victoria Street, and Avenue Trees observed that the new trees on Placentia Avenue will eventually cover the sidewalk and impede pedestrians if they are not vandalized first. She agreed with her husband regarding the street sweeping problems. Pierce Street Annex Tory Sirkin, 333 Cabrillo Street, Unit D, Costa Mesa, reported that his residence is behind the Pierce Street Annex, a bar which does not provide supervision of intoxicated patrons when they exit the premises. Edmond Lishka, 329 Cabrillo Street, Unit D, Costa Mesa, who also resides behind the Pierce Street Annex, noted that in addition to the noise from the patrons, their cars are very loud. He reported that they have spoken to the owner of the premises and to the Costa Mesa Police Department, and no action has been taken. Mayor Cowan asked the City. Manager and the Development Services Director to follow up on this situation. "Fillmore Slum"/Pro- John Feeney, 1154 Dorset Lane, Costa Mesa, asked about the position 21 progress of the situation wherein landlords of the "Fillmore Slum" are threatening tenants should they allow Code Enforcement or the Police Department to inspect the property. He suggested that redevelopment may be the only answer for this area. He advised that Proposition 21, Gang Violence Juvenile Crime Prevention Act of 1998, ,which passed on March 7, 2000, requires that an ordinance be adopted by the City Council to become effective. He distributed copies of the proposition to Council and asked that this be placed on an agenda at the earliest possible date. Mayor Cowan announced that in the future, 10 speakers in 30 minutes will be allowed under Public Comments, and any additional speakers will be trailed to the end of the meeting. Heather Somers, 313 Robin Hood Lane, Costa Mesa, asked Council to consider adopting a resolution calling for a regional airport plan for Southern California. She reported that Southern California Association of Governments (SCAG) has provided documentation on transportation loads which will be placed on freeways, as well as the airport. 1 CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 7, Contract for Relocation of the Huscroft House from TeWinkle Park, , 970 Arlington Drive, to Fairview Park, 2525 Placentia Avenue, Project No. 00-17; Item No. 9, Bid Item No. 1058, Discreet Non -Linear Edit System; and Item No. 17, Addendum to the License Agreement with Southern California Edison Company permitting an existing City bicycle trail to cross Southern California Edison Company's property. MOTION/Approved On motion by Council Member Monahan, seconded by Mayor Pro Except Item No. 7, 9, Tem Dixon, and carried 5-0, the remaining Consent Calendar items and 17 were approved as recommended. WRITTEN COMMUNI- Resolution 01-5 was adopted: A RESOLUTION OF THE CITY CATIONS/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 01-5, AUTHORIZING RECORDS DESTRUCTION FOR THE FIRE Records Destruction DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO for Fire Department ORDINANCE NO. 75-60. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Lorraine Contorelli; Sybil Countryman; Paul Giries; Maurilio Hernandez; Duncan Robert Malcolm Ferguson; Daniel Martinez; and Shannell Sedgwick. - Alcoholic Beverage Alcoholic Beverage Control (ABC) License request from EI License Torito Restaurant, 633 Anton Boulevard, a stock transfer for a Type 47 (on -sale general), Type 58 (caterer's permit) and Type 68 (portable bar) ABC licenses. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1832, funding City operating expenses for 1832 $544,637.96. Approved Warrant Warrant Resolution 1833, funding Payroll 102 for 1833/Payroll 102 $1,682,198.12, and City operating expenses for $1,700,103.91, including payroll deductions. Approved Warrant Warrant Resolution 1834 funding City operating expenses for 1834 $532,756.52. REJECTED CLAIM The claim from Kenneth Spears (alleged trip and fall in a pothole in Spears the street) was rejected. ADMINISTRATIVE An agreement was approved with AKM Consulting Engineering, ACTIONS/Approved 101 Pacifica, Suite 150, Irvine, for design services for the Fairview Agreement with AKM Road and Baker Street Rehabilitation Project, for an amount not to Consulting for Fair- exceed $131,996.00, and the Mayor and Deputy City Clerk were view /Baker Design authorized to sign on behalf of the City. Accepted Street Im- Street improvements at 1718 Placentia Avenue were completed to provements at 1718 the satisfaction of the Public Services Director by Hank's Electric, Placentia by Hank's same address, in connection with Encroachment Permit No. PS99- Electric, PS99-00571 00571 (DR -98-10). The work was accepted, and the bonds were (DR -98-10) ordered exonerated. Accepted Street Im- Street improvements at 267 Mesa Drive were completed to the provements at 267 satisfaction of the Public Services Director by Classic Pacific, 151 Mesa Drive by Classic Kalmus Drive, Costa Mesa, in connection with Encroachment Pacific, PS99-00643 Permit No. PS99-00643 (Tract '15821). The work was accepted, (Tract 15821) and the bonds were ordered exonerated. Accepted Street Im- Street improvements at 1740 Newport Boulevard were completed provements at 1740 to the satisfaction of the Public Services Director by G & M Oil Newport Boulevard Company, Inc., 16868 A Street, Huntington Beach, in connection by G & M Oil, PS99- with Encroachment Permit No. PS99-00739 (PA -98-13). The work 00739 (PA 98-13) was accepted, and the bonds were ordered exonerated. Accepted Street Im- Street improvements at 2239 Pacific Avenue were completed to provements at 2239 the satisfaction of the Public Services Director by Joseph Cefalia, Pacific Avenue by 818 West Balboa Boulevard, Newport -,Beach, in connection with Joseph Cefalia, Encroachment Permit No. PS00-00168 (Tract 15532). The work PS00-00168 (Tract was accepted, and the bonds were ordered exonerated. 15532) Accepted Street Im- Street improvements at 480 East 17th Street were completed to the provements at 480 satisfaction of the Public Services Director by Hofmann Finn East 17th Street by Development Company, Inc., 1048 Irvine Avenue, Newport Beach, Hofmann Fin, PS00- in connection with Encroachment Permit Nos. PS00-00357 and 00357/PS-00-00431 PS00-00431 (DR -97-15). The work was accepted, and the bonds (DR -97-15) were ordered exonerated. Approved Permit for Notice of Intention to Appeal or Solicit for Charitable Purpose was All American Boy's received from The All American Boy's Chorus, 88 Fair Drive, Costa Chorus Mesa, to solicit funds door-to-door from February 3 to March 24, 2001, in Mesa Verde, Mesa del Mar, and South Coast Metro, to raise funds for a March 24, 2001, Jog-A-Thon. The request was approved pursuant to Costa Mesa Municipal Code Section 9- 127(d). Adopted Resolution Resolution 01-6 was adopted: - A RESOLUTION OF THE CITY 01-6, AB 2766 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Alternative Fuel ENDORSING APPLICATION UNDER THE MOBILE SOURCE AIR Program for City POLLUTION REDUCTION REVIEW COMMITTEE FISCAL YEAR Fleet; Approved 2000-01 AB 2766 SUBVENTION MATCH PROGRAM, for the Contract with South purchase of alternative fuel vehicles for the City fleet; and a Coast Air Quality contract with South Coast Air Quality Management District was Management District approved, and the City Manager was authorized to sign should the City receive the grant. Reappointed Charles Charles Gleason, the current City representative .to the Orange Gleason to the Vector County Vector Control District Board, was reappointed for a four - Control Board year term. Relocation of Hus- Item No. 7 on the Consent Calendar was presented: Relocation of croft House, Project the Huscroft House from TeWinkle Park, 970 Arlington Drive, to No. 00-17 Fairview Park, 2525 Placentia Avenue, Project No. 00-17. Harvey Alexander Cochran, 2111 Doctors Circle, Apt. A-101, Costa Mesa, asked if a structural engineering report or an architectural assessment has been obtained of the house. Mayor Cowan replied that the aforementioned, studies have been performed. In response to a question from Council Member Monahan, the Public Services Director stated that approximately $52,600.00 has been expended in relocation efforts to date. Council Member Monahan commented that he is opposed to spending another $137,000.00 plus monies on improvements, and asked for more information about additional costs after the house is moved. 1 '307 MOTION/Gave A motion was made by Council Member Monahan, seconded by Directions to Staff Council Member Robinson, directing staff to place the Huscroft House on a Council agenda as a public hearing in order to discuss all the issues. Council Member Robinson shared in the concerns regarding additional costs after the house has been moved to its final destination, but supported retaining the house as a cultural location. Mayor Pro Tem Dixon opposed the motion, stating that the house is being created as an historical monument, and felt that money should be spent to bring culture to the community. Mayor Cowan opposed the motion, stating that it had previously been decided to save the house. The motion carried 3-2, Council Members Cowan and Dixon voting no. Bid Item No. 1058, Item No. 9 on the Consent Calendar was presented: Bid Item No. Discreet Non -Linear 1058, Discreet Non -Linear Edit System. Harvey Alexander Edit System Cochran, 2111 Doctors Circle, Apt. A-101, Costa Mesa, asked if Motion Media will be responsible for maintaining the system. The City Manager assured Mr. Cochran that this equipment is not the same as the equipment now in use with which there are problems. He indicated that Motion Media will not be maintaining the system. MOTION/Awarded On motion by Council Member Monahan, seconded by Mayor Pro to Motion Media Tem Dixon, and carried 5-0, the contract was awarded to Motion Media, 1847 Centinela Avenue, Santa Monica, for $39,427.32. Addendum to Agree- Item No. 17 on the Consent Calendar was presented: Addendum ment with SCE for to the ten-year License Agreement with Southern California Edison Bicycle Trail (SCE) Company, Corporate Real Estate Department, Real Estate Operations, 14799 Chestnut Street, Westminster, permitting an existing City bicycle trail to cross Southern California Edison Company's property. Robert Graham, 3260 Dakota Avenue, Costa Mesa, reported that the easement for the existing bike trail veers close to the tunnel under the 1-405 freeway. He commented that the path is unsafe because of its exit onto the Santa Ana River trail, and suggested signage or moving the trail north of its current location. Council Member Monahan asked the Public Services Director to investigate Mr. Graham's comments. On motion by Council Member Robinson, seconded by Mayor Cowan, and carried 5-0, the addendum was approved. COUNCIL Council Member Robinson reported that she and Mayor Pro Tem COMMENTS Dixon had attended the Santa Ana Black History Parade Santa Ana Black celebrating unity through diversity, and remarked that it was a History Month wonderful cultural event. She announced that she is chairman of the Human Relations Committee, and hoped to initiate cultural diversity events in Costa Mesa. She mentioned that the Santa Ana parade and cultural fair was predominately supported by private interests, and thought that this could be duplicated in our city. EI Toro Airport/City Council Member Steel stated that he would like to place the Slum Areas expansion of EI Toro Marine Corps Air Station on a study session agenda. He asked that slum areas within the City be discussed at a study session, specifically the Paularino tract, the "Fillmore Slums", Mesa del Mar apartments, and the west side, as well programs such as the Job Center and certain charities. "Costa Mesa City Mayor Pro Tem Dixon announced that former Mayor Bob Wilson of the Arts" published a book entitled, "Costa Mesa City of the Arts", and suggested that the City purchase 100 copies for visiting dignitaries. She stated that the Costa Mesa Senior Center will hold a Senior Center Fund fundraiser at Ruby's in South Coast Plaza west on February 13, Raiser 2001, and 20 percent of each purchase will be directed to the Senior Center. She concurred with Council Member Robinson regarding the Black History Parade, and hoped that Costa Mesa will do something similar. Orange County Model Mayor Cowan reported that she had attended a dinner for the Engineers Orange County Model Engineers, sponsors of the train in Fairview Park. She commended the Engineers for their contributions to the community, and commented on the organization being intergenerational. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued South Coast Plaza from the meeting of January 15, 2004, 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. Communications were received from James R. Anderson, Partner, CommonWealth Partners, Two Town Center, 3200 Park Center Drive, Suite 660, Costa Mesa, providing an overview and information regarding the conceptual plan for the Two Town Center/Downey Savings properties; and Robin Leffler, 3025 Samoa Place, Costa Mesa, reiterating her concerns regarding the intensity of the Town Center proposal. The Planning and Redevelopment Manager reviewed the Agenda Reports dated January 23 and 29, 2001. He announced that a letter has been received from the Planning and Building Agency, City of Santa Ana, 20 Civic Center Plaza, M-20, Santa Ana, indicating that two of the mitigation measures identified for their city were infeasible. The Planning and Redevelopment Manager reported that the City's transportation consultant reviewed the intersection in question, and had determined that the improvements are indeed feasible. He suggested that the approving resolution for the environmental impact report include the following addition at the end: "BE IT FURTHER RESOLVED the administrative record is located in the City of Costa Mesa, Development Services Department, 77 Fair Drive, Costa Mesa, California. The custodian of the administrative record is the Director of Development Services." Phillip Schwartze, Commonwealth Capital Management, LLC/Fifth Street Properties, a planner on the Two Town Center/ Downey Savings projects, commented that it has been recognized that the Noguchi California Scenario Outdoor Sculpture Garden is a community treasure, and stated that every effort will be expended to preserve that feature. Mayor Pro Tem Dixon stated that she would like the time limit for preservation and maintenance of the garden increased to 100 years. Mr. Schwartze replied that any action regarding the Noguchi Garden requires approval by the City Council, and that will remain the same in the future. Mayor Pro Tem Dixon asked if a land -use restriction for a 100 -year period could be drafted for the garden. The Development Services Director replied that a future City Council, by majority vote, could rescind the restriction. The City Attorney concurred with the previous statement. Tom Nixon, Woodruff, Spradlin and Smart, Attorneys at Law, 701 South Parker Street, Suite 8000, Orange, counsel for the City, opined that the land -use restriction could be changed at any time by both parties to the agreement. Paul Freeman, authorized agent for South Coast Plaza and the Orange County Performing Arts Center, 3315 Fairview Road, Costa Mesa, indicated that the "gift of land" for the Segerstrom Center for the Arts had been made, and monies have been donated. He provided details of the project, noting that approval of the office structure will provide a net increase in parking for the arts center. He urged support of the projects which he called a classic example of well -integrated, well -conceived planning. He responded to a question from Council Member Robinson regarding funding for the Santa Ana intersection improvements by stating that those improvements are part of the City of Santa Ana's general plan. He commented on the location of the 21 -story building by showing a photograph of the structure and commenting .that it is superior to the buildings currently located in that area. Martin Millard, 2973 Harbor Boulevard, Costa Mesa, expressed concern that the City will eventually be funding the six Santa Ana intersections, and objected that the area has lost its "Costa Mesa" identity. He suggested that the projects be considered along with Home Ranch. Robert Graham, 3260 Dakota Avenue, Costa Mesa, observed that the projects are a wonderful opportunity for Costa Mesa and supported approval. F Sandra Genis, 1586 Myrtlewoo:d Street, Costa Mesa, suggested that the cultural uses be approved and action on the commercial uses be deferred until adequate environmental documentation can be prepared. She proposed that public benefits for Two Town Center listed in the development agreement be included as conditions of approval, thereby not binding the City to a development agreement. Ms. Genis asked that if the project is approved as proposed, a finding; be made that this is a unique area and the density approved is not intended to set a precedent for other areas of the City. Paul Flanagan, 3090 Valley ' Circle, Costa Mesa, addressed pollution issues regarding the projects. He suggested that Costa Mesa citizens receive preferential treatment for parking. There being no other speakers, the Mayor closed the public hearing. RECESS The Mayor declared a recess at 8:40 p.m., and reconvened the meeting at 8:50 p.m. The Development Services Director stated that the E.I.R. for the projects complies with the California Environmental Quality Act, and sufficiently addresses the issues of the City and the City of Santa Ana. Tom Nixon explained to Mayor Pro Tem Dixon that the Noguchi Garden was approved through a landscaping plan which provides a long-term low level of protection. The Planning and Redevelopment Manager commented that, for this reason, language was added to the General Plan Amendment and Specific Plan Amendment to protect the Garden for a specified period of time. Mayor Pro Tem Dixon proposed that Costa Mesa residents receive a 50 percent reduction for to parking fees. She asked that signage for the projects contain the words "Costa Mesa". Council Member Robinson concurred with public comments regarding inadequacies of the E.I.R., commenting that it identifies problems but does not offer solutions. She stated that there are countless examples wherein the E.I.R. does not answer questions, and thought that residents deserved to know the environmental impact now. She stated that there are many cities who would not want a 21 -story building in their bedroom community by the ocean. Council Member Robinson asked Council to ensure that the City receives substantial benefits for giving up a piece of the quality of life in regard to pollution and traffic. She addressed the "benefits to the City", reciprocal easements, consistency of design, the theater and arts district plan, and identifying Costa Mesa in the project. MOTION/Adopted A motion was made by Mayor Cowan, seconded by Council Resolution 01-7, Member Monahan, and carried 4-1, Council Member Robinson Certifying E.I.R. 1047 voting no, to. adopt Resolution 01-7: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CERTIFYING FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT NO. 1047 FOR THE SOUTH COAST PLAZA TOWN CENTER. MOTION/Adopted A motion was made by Mayor Cowan, seconded by Council Resolution 01-8, Member Monahan, to adopt Resolution 01-8: A RESOLUTION OF Adopting GP -00-02 THE CITY COUNCIL OF THE CITY OF COSTA MESA, and SP -00-01 CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP - 00 -02 AND NORTH COSTA MESA SPECIFIC PLAN AMENDMENT SP -00-01 TO CHANGE THE LAND USE 1 1 Ll DESIGNATION FROM URBAN CENTER COMMERCIAL TO CULTURAL ARTS CENTER, AND OTHER RELATED AMENDMENTS FOR SOUTH COAST PLAZA TOWN CENTER. Mayor Pro Tem Dixon asked that the agreement for the Noguchi Garden be changed to 100 years, and any changes in the landscaping plans or land restriction be done at a noticed public hearing; "Costa Mesa" be added to project signage; and a 50 percent discount in parking fees be instituted_ for Costa Mesa residents for arts use in the evenings and on weekends. Mayor Cowan agreed with these additions to the motion, and the seconder concurred. Phillip Schwartze suggested substituting "useful life of the buildings" for the proposed "100 years". Tom Nixon added that the clause could be made a condition of the project, and recorded as a restriction against the property. The maker of the motion accepted the modification to the motion, substituting "useful life of the buildings" for "100 years", and the seconder concurred. The motion carried 4-1, Council Member Robinson voting no. Council Member Robinson opposed the motion, commenting that the floor area ratio is too intense for the area, and opposed amending the General Plan which provides for adequate square footage and adequate trips for a project to proceed in this location. She supported the cultural arts portion of the project but not the two commercial portions. Paul Freeman addressed the 50 percent discount in parking fees for Costa Mesa residents, stating for the record that they have controlling interest in only one of the parking structures, and some have restrictions that would preclude this action. MOTION/Adopted A motion was made by Mayor Cowan, seconded by Council Resolution 01-9 Member Monahan, and carried 4-1, Council Member Robinson Adopting PA -00-38 voting no, to adopt Resolution 01-9: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING PRELIMINARY MASTER PLAN AMENDMENT PA -00- 38. Mayor Pro Tem Dixon clarified that the resolution would include the changes identified for the previous actions. MOTION/Gave First A motion was made by Mayor Cowan, seconded by Council Reading to Ordinance Member Monahan, and carried 4-1, Council Member Robinson 01-4, Approving voting no, to give first reading to Ordinance 01-4: AN DA -00-02 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DA -00-02 BETWEEN THE CITY OF COSTA MESA AND SOUTH COAST PLAZA ("SEGERSTROM TOWN CENTER"). MOTION/Gave First A motion was made by Mayor Cowan, seconded by Council Reading to Ordinance Member Monahan, and carried 5-0, to give first reading to 01-5, Approving Ordinance 01-5: AN ORDINANCE OF THE CITY COUNCIL OF DA -00-03 THE CITY OF COSTA MESA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DA -00-03 BETWEEN THE CITY OF COSTA MESA, THE ORANGE COUNTY PERFORMING ARTS CENTER AND SOUTH COAST REPERTORY THEATRE ("SEGERSTROM CENTER FOR THE ARTS"). V Mayor Pro Tem Dixon clarified that any changes previously read into the record will be included in all the agreements. MOTION/Gave First A motion was made by Mayor Cowan, seconded by Council Reading to Ordinance Member Monahan, and carried 4-1, Council Member Robinson 01-6, Approving voting no, to give first reading to Ordinance 01-6: AN DA -00-04 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT DA -00-04 BETWEEN THE CITY OF COSTA MESA, THE FSP TWO TOWN CENTER AND FIFTH STREET PROPERTIES -DS ("TWO TOWN CENTER AND DOWNEY SAVINGS"). Mayor Cowan commented that she believed that this is a unique urban arts district, and described the project as exciting. OLD BUSINESS The Deputy City Clerk presented a revised ordinance repealing and Massage Establish- replacing Title 9, Chapter II, Article 22 of the Costa Mesa Municipal ments, Practitioners, Code regarding massage establishments, practitioners and and Employees employees; and from the meeting of January 15, 2001, second reading and adoption of Ordinance 01-3, regarding massage establishments, practitioners, and employees. Communications were received from Shirley Henderson, 3004 Deodar Avenue, Unit B, Costa Mesa, expressing her concerns with several sections of the ordinance; Beverly Park, 170 East 17th Street, Costa Mesa; suggesting some changes she believes should be made to the ordinance; Ann Nguyen, co-owner of The Healing Touch 2790 Harbor Boulevard, Suite 307, Costa Mesa, with which she attached six pages of comments concerning the proposed ordinance; and Kelley Gast, President of the BodyCentre, 660 Baker Street, Suite 101, Costa Mesa, with which she included a five-page analysis of the proposed ordinance. The Senior Police Officer summarized the Agenda Report dated January 26, 2001. Mayor Cowan expressed her desire that the same group of people who met after the January 15, 2001, Council meeting meet again to review the new ordinance prior to adoption. Council Member Monahan clarified that he was comfortable with the original ordinance, and supported the revised version which provides the Police Department with the tools to clean up certain areas of this business. The following persons supported the revised ordinance: Melinda Dewey, Interlight Center, 2900 -Bristol Street, Suite J206, Costa Mesa; Pat Edwards, Kneaded Touch, 1670 Santa Ana Avenue, Costa Mesa; Dung Truong, The Healing Touch, 2790 Harbor Boulevard, Suite 307, Costa - Mesa, who addressed several portions of the proposed ordinance; and Jennifer McNash, 1017 East Balboa Boulevard, Newport Beach, representing Total Body Care. Kelley Gast, BodyCentre, 660 Baker Street, Suite 101, Costa Mesa, objected to the increase, in the City licensing fee and the new requirement for a CPR class. She asked that Council review the examination which is extremely difficult. Tom Hugo, Back Pain Chiropractic, 1525 Mesa Verde Drive East, Costa Mesa, observed that the public should have had notice of the meeting held regarding the proposed ordinance. He advised a 100 -hour training requirement for a massage practitioner. 313 Dr. Simone Kotsch, 218 7th Street, Huntington Beach, asked for an additional six months for employees to obtain their city, state, and national certification and licensure. Ray Bradley, a Costa Mesa barber, asked if this ordinance would affect his business. Mayor Cowan replied that the ordinance did not apply to barbers. MOTION/Gave First Reading to Ordinance A motion was made by Mayor Cowan, seconded by Council Member Robinson, and carried 5-0, to reject Ordinance 01-3, and 01-7 to give first reading to Ordinance 01-7: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING AND REPLACING TITLE 9, CHAPTER II, ARTICLE 22 OF THE COSTA MESA MUNICIPAL CODE REGARDING MASSAGE ESTABLISHMENTS, PRACTITIONERS AND EMPLOYEES, asking that the massage practitioners be allowed the time to meet and discuss the proposed ordinance. Mayor Cowan asked staff to notify this evening's speakers of the meeting, and that they, in turn notice others in the business. She also asked to staff to investigate the examination fees, the 6 -months compliance, and the barber issue. MOTION/Scheduled A motion was made by Mayor Cowan, seconded by Mayor Pro Second Reading for Tem Dixon, and carried 5-0, to schedule second reading and March 5, 2001 adoption of Ordinance 01-7 on March 5, 2001. OLD BUSINESS The Deputy City Clerk presented a request from Council Member Charle/Hamilton Monahan for review of the location of the proposed skateboard Skateboard Park park at Charle and Hamilton Streets. (This was discussed at the meeting of January 2, 2001.) Council Member Monahan summarized his request for review. Mayor Cowan expressed concern that this item had not been noticed as a public hearing, and interested parties may not be in attendance. Council Member Monahan replied that he had only asked for a rehearing. Harvey Alexander Cochran, 2111 Doctors Circle, Apt. A-101, Costa Mesa, commented on the large amount of trash at the Charle/Hamilton site. He provided photographs which showed that skateboarders are using a parking lot near Lions Park. The following Costa Mesa residents supported reopening the issue, opposing the Charle/Hamilton site: Hector Jiminez, 583 Knowell Place, who responded to questions from Mayor Pro Tem Dixon regarding safety issues in that neighborhood; Rick Rodgers, 3192 Sicily Avenue; Robert Graham, 3260 Dakota Avenue; Greg Cocroft, 587 Knowell Place; and Peter Luke, 546 Hamilton Street. The following Costa Mesa residents wanted a skateboard park constructed as quickly as possible: David Farrell, 1985 Anaheim Avenue,' Unit All, President of Bridgeport Homeowners Association; Paul Schmidt, owner of a business at 1351 Logan Avenue; Jim Gray, 215 Knox Street, No. B; and Chuck Hults, 3137 Boston Way, who provided photographs of the parking situation. Council Member Monahan reviewed his reasons for reopening this issue, and stated that the children in Costa Mesa deserve a state- of-the-art skateboard park in a regional park that has parking, rest rooms, and is safe. He believed that it was in the best interest of the City not to build the skateboard park at Charle and Hamilton Streets. MOTION/Rejected A motion was made by Council Member Monahan, seconded by Charle/Hamilton Council Member Steel, and carried 3-2, Council Members Cowan Streets Site and Dixon voting no, to not proceed with a skateboard park at Charle and Hamilton Streets. Mayor Pro Tem Dixon commented that the youth of the community are being let down again, and noted that adequate research had been conducted which determined that there is not another suitable location for a skateboard park in the City. She expressed hope that there will be a solution to this dilemma. Council Member Robinson stated that the research had been conducted, and believed that there are appropriate sites within the City. Council Member Steel suggested providing direction to staff listing viable alternatives. He offered various alternatives such as a joint agreement with the City of Newport Beach, locating the park at Home Ranch, along with an ice rink, or at Lions Park. MOTION/Gave A motion was made by Mayor: Cowan, seconded by Mayor Pro Directions to Staff Tem Dixon, and carried 5-0, directing staff to develop a plan for a for Temporary temporary skateboard park within the City by May 28, 2001 Skateboard Park (Memorial Day), which includes top quality, portable equipment for a summer and year-round program which can run daily all summer and on weekends throughout the school year, using as a budget up to $100,000.00 of the project money set aside for the Charle/Hamilton location. Mayor Pro Tem Dixon asked that staff prepare a report on the conversion of the Charle/Hamilton site into a community garden. Council Member Monahan asked that other alternatives for this location also be provided. RECESS The Mayor declared a recess at 10:30 p.m., and reconvened the meeting at 10:40 p.m. OLD BUSINESS The Deputy City Clerk presented the Canyon Park Tree Growth Canyon Park Tree Management and Maintenance Plan. The Public Services Director Growth Management reviewed the Agenda Report dated January 19, 2001. and Maintenance Plan Rory Hughes, 2013 Republic Avenue, Costa Mesa, supported deferring adoption of the plan,, stating that it did not serve the needs of the citizens of Costa Mesa nor manage the park properly, and there are many outstanding issues that have not been addressed in a public forum. He commented that retaining the view of the ocean will increase property values in his area by 40 to 50 percent. Mark Mcllroy, 2039 Republic Avenue, Costa Mesa, informed Council that the eucalyptus trees are not the only issue in Canyon Park, stating that the pine trees' and others should be included in the maintenance plan. Glen Davidson, 2009 Republic Avenue, Costa Mesa, thought that the view of the park should be balanced. James Keller, 2033 Republic Avenue, Costa Mesa, supported the proposal. He encouraged working as a community, along with the City, to create a maintenance plan for Canyon Park as a whole. He provided a proposed plan. 11 Motion to Proceed A motion was made by Mayor Cowan to initiate a final push to Died address the concerns regarding the draft Canyon Park Tree Growth Management and Maintenance Plan, including the three- year replacement/removal timeline, and to return for adoption of the plan within 90 days, foregoing permission of the Coastal Commission. The motion died for lack of a second. MOTION/Gave A motion was made by Council Member Monahan, seconded by Directions to Staff Mayor Pro Tem Dixon, and carried 4-1, Mayor Cowan voting no, to defer adoption of the Plan and Council Policy to allow staff and the consultant more time to work with the Coastal Commission to obtain a permit; and to direct staff to provide for moderate to heavy trimming of the taller Eucalyptus trees in Canyon Park, at the direction of a state -certified arborist. Mayor Cowan opposed the motion because the trees have been an issue since 1998, and she felt that there is another option at this point. OLD BUSINESS The Deputy City Clerk presented the Canary Drive Access to Canary Drive Access Fairview Park. A communication was received from Judith Gielow, to Fairview Park 469 East 18th Street, Costa Mesa, stating her reasons for supporting staff's recommendation to refer this item to the Parks, Recreation Facilities and Parkways Commission. The Parks Project Manager summarized the Agenda Report dated January 19, 2001. Dan Thompson 2751 Canary Drive, Costa Mesa, complimented the alternatives provided in the report except for Alternative No. 3, Stairs Only, which is not American's with Disability Act compliant. He observed that sidewalks in the neighborhood are not wheelchair accessible. He proposed holding the project in abeyance until a legitimate plan is devised. Mayor Cowan replied that there is a program which addresses ADA compliancy within a neighborhood where the need is immediate, and asked Mr. Thompson to contact the City Manager. Robert Graham, 3260 Dakota Avenue, Costa Mesa, expressed concern that the bicycle trail had been eliminated in Fairview Park. He supported the Canary Drive ramp, commenting that the access will be improved for pedestrians. Council Member Robinson announced that she would recuse herself from the vote on this item due to the proximity of her home, and indicated her desire to speak on the issue as a member of the public. Karen Robinson, 2722 Canary Drive, Costa Mesa, stated that the street is private and isolated, and commented that none of the options in the proposal are suitable. She observed that access to the park would create tremendous traffic for the neighborhood. She suggested providing graded planters which would prevent access by bicycles, and skateboards. MOTION/Referred A motion was made by Mayor Pro Tem Dixon, seconded by Mayor to Parks Commission Cowan, and carried 4-0, Council Member Robinson abstaining, to eliminate the proposed access on Canary Drive, directing the Parks, Recreation Facilities and Parkways Commission to conduct a community meeting on reinstalling the bicycle trail on Tanager Drive to reach Fairview Park, and to formulate additional alternatives. OLD BUSINESS The Deputy City Clerk presented an ordinance amending Parks, Commission Appoint- Recreation Facilities and Parkways Commission terms of office ments and number of members; appoint 5 members to the Parks, Recreation Facilities and Parkways Commission; and appoint 5 members to the Planning Commission. MOTION/Give First A motion was made by Council Member Monahan, seconded by Reading to Ordinance Council Member Steel, 'to give first reading to the ordinance, modifying the ordinance to retain four-year terms, staggering the terms, deleting the ex -officio member from ReLeaf Costa Mesa, and providing a salary of' $100.00 per month for the commissioners. Council Member Steel supported the motion but endorsed a two- year term because each new City Council would have an opportunity to review the commissioners. Council Member Monahan stated that it is in the City's best interest to have a portion of the members continuing on so that all five are not replaced at the same time. SUBSTITUTE A substitute motion was made by Council Member Steel, seconded MOTION/Retained by Mayor Cowan, and carried 4-1, Council Member Robinson Two -Year Terms and voting no, to reduce the terms to two years, to delete the ex -officio Compensation member from ReLeaf Costa Mesa, and to provide a salary of $100.00 per month for each commissioner. MOTION/Gave A motion was made by Mayor. Cowan, seconded by Mayor Pro Ordinance 01-8 Tem Dixon, and carried 5-0, to give first reading to Ordinance 01-8, First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE COSTA MESA MUNICIPAL CODE REGARDING THE NUMBER AND TERMS FOR CITY PARKS, RECREATION FACILITIES AND PARKWAYS COMMISSIONERS, as modified. MOTION/To Appoint A motion was made by Mayor Cowan, seconded by Mayor Pro Five Parks Com- Tem Dixon, to appoint Mark Harris, Margy Johnston, Kelly missioners Feldman, Kim Alan Pederson, and Robert Love to the Parks, Recreation Facilities and Parkways Commission. Council Member Monahan commented that he would encourage taking the appointments one member at a time. SUBSTITUTE A substitute motion was made by Council Member Monahan, MOTION/Appointed seconded by Council Member Robinson, and carried 5-0, to Mark Harris appoint Mark Harris to the Parks Commission for a two-year term expiring February, 2003. MOTION/Appointed A motion was made by Mayor Cowan, seconded by Mayor Pro Margy Johnston Tem Dixon, and carried 4-1, Council Member Monahan voting no, to appoint Margy Johnston to the Parks Commission for, a two-year term expiring February, 2003. MOTION/Appointed A motion was made by Mayor Cowan, seconded by Mayor Pro Kelly Feldman Tem Dixon, and carried 5-0, to appoint Kelly Feldman to the Parks Commission for a two-year term expiring February, 2003. MOTION/Appointed A motion was made by Mayor Cowan, seconded by Mayor Pro Kim Pederson Tem Dixon, and carried 5-0, to appoint Kim Alan Pederson to the Parks Commission for a two-year.term expiring February, 2003. MOTION/Appointed A motion was made by Mayor Cowan, seconded by Mayor Pro Robert Love Tem Dixon; and carried 3-1, Council Member Monahan voting no, Council Member Robinson abstaining, to appoint Robert Love to the Parks Commission for a two-year term expiring February, 2003. Council Member Robinson noted her abstention because of the process. SUBSTITUTE A substitute motion was made by Council Member Monahan, MOTION/To Appoint seconded by Council Member Steel, to appoint Bruce Garlich to Garlich Failed to Carry the Parks Commission. The motion failed to carry 2-2, Council Members Cowan and Dixon voting no, and Council Member Robinson abstaining. Mayor Cowan noted her abstention, explaining that she supported Bruce Garlich's appointment to the Planning Commission. Council Member Robinson noted her support of appointing Mr. Garlich to the Planning Commission. MOTION/Appointed A motion was made by Mayor Cowan, seconded by Council Katrina Foley Member Robinson, and carried 3-2, Council Members Monahan and Steel voting no, to appoint Katrina Foley to the Planning Commission. MOTION/Appointed A motion was made by Mayor Cowan, seconded by Council Katie Wilson Member Monahan, and carried 5-0, to appoint Katie Wilson to the Planning Commission. MOTION/Appointed A motion was made by Mayor Cowan, seconded by Mayor Pro Bruce Garlich Tem Dixon, and carried 4-1, Council Member Monahan voting no, to appoint Bruce Garlich to the Planning Commission. MOTION/To Appoint A motion was made by Mayor Cowan, seconded by Mayor Pro Mike Whitehead Tem Dixon, to appoint Mike Whitehead to the Planning Commission. SUBSTITUTE A substitute motion was made by Council Member Steel to appoint MOTION/To Appoint Campbell Davidson. The motion died for lack of a second. Davidson Died SECOND SUBSTI- A second substitute motion was made by Council Member TUTE MOTION/ Monahan, seconded by Council Member Steel, to reappoint Walter Appointed Walter Davenport to the Planning Commission. The motion carried 3-1, Davenport Mayor Pro Tem Dixon voting no, Council Member Robinson abstaining, Motion to Appoint A motion was made by Council Member Robinson to appoint Michael Schrock Died Michael Levi Schrock. The motion died for lack of a second. MOTION/To Appoint A motion was made by Council Member Steel, seconded by Donn Hall Failed to Council Member Monahan, to appoint Donn Hall. The motion Carry failed to carry 2-2, Council Members Cowan and Dixon voting no, Council Member Robinson abstaining, MOTION/To Appoint A motion was made by Mayor Cowan, seconded by Mayor Pro Mike Whitehead Tem Dixon, to appoint Mike Whitehead to the Planning Commission. SUBSTITUTE A substitute motion was made by Council Member Monahan, MOTION/Appointed seconded by Council Member Steel, and carried 3-2, Council William Perkins Members Cowan and Dixon voting no, to appoint William Perkins to the Planning Commission. CITY MANAGER'S The City Manager addressed the Harbor Boulevard wall between REPORT Princeton Drive and the Orange Coast Jeep Dealership, reporting Harbor Boulevard Wall that five of the adjoining property owners had been surveyed on a proposal of splitting the cost between the City and property owner, two expressed support of the proposal, three were opposed, and one property owner could not be contacted. He reported that the three who are opposed support the concept but do not feel that they are willing to contribute financially. He indicated that there is a good possibility that the insurance company, with the property owner's consent, would participate in the cost of constructing a new wall, keeping in mind that. the cost to rebuild the damaged portion is extremely small in relationship to building a new 8 -foot block wall. Energy Crisis Regarding the current energy crisis, the City Manager indicated that the City has conducted an energy efficiency audit, and he reported on a series of energy saving measures which have been implemented. He stated that plan options are being considered for further reductions which may include alternate work schedules, closing certain facilities during certain hours, and looking at better technology for energy savings. He stated that action will not be taken until measures are brought before the City Council for review and approval. Terms of Office for Council. Member Monahan, referring to the previous commission Planning Commis- appointments, stated that since the Planning Commission was not sioners included in Ordinance 01-8, the terms remain at four years, and a decision is required as to who will serve two years and who will serve four. Mayor Cowan asked that staff research the issue. The City Attorney suggested considering this at the meeting of February 20, 2001, at which time an ordinance regarding two-year terms for the Planning Commission may be addressed. Mayor Cowan preferred that staff return with clear cut options and methods to stagger the appointments of the Planning Commission, and provide draft language for revisions to the Planning Commission terms. Mayor Pro Tem Dixon had understood that the ordinance encompassed both commissions. ADJOURNMENT Mayor Cowan reiterated her earlier statement that in future meetings, if Oral Communications extends beyond the 10 speaker/30-minute limit, additional speakers will be trailed to the end of the meeting. The Mayor declared the meeting adjourned at 11:45 p. m. Mayor of the City of Costa Mesa ATTEST: T. Deputy City lerk of the City of Costa Mesa 1 1