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HomeMy WebLinkAbout03/05/2001 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH 5, 2001 The City Council of the City of Costa Mesa, California, met in regular session March 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 Girl Scouts of Costa Mesa, and invocation by Mr. Robert Krattli, First Church of Christ Scientist. 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: None Officials Present: City Manager Allan Roeder - City Attorney Jerry Scheer. Public Services Director William Morris Planning and Redevelopment Manager Mike Robinson Recreation Manager Stacia Mancini Senior Police Officer Paul Dondero Office Specialist II Emily Evers Assistant City Attorney Tom Wood Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Monahan, seconded by Council February 20, 2001 Member Robinson, and carried 5-0, the minutes of the regular meeting of February 20, 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 read a proclamation recognizing March 12, 2001, as Girl Scouts of the Girl Scouts of the U.S.A. Day in the City, in commemoration of the U.S.A. 89th Anniver- Girl Scouts' 89th anniversary. , She presented the document to sary Proclamation Sandi Kjar, leader of the Costa Mesa Girl Scouts, and two senior scouts from Troop No. 1384. PRESENTATION Mayor Cowan congratulated Police Officer Matt Olin on being Employee of the named Employee of the Month for March, 2001, in appreciation of Month his willingness to go above and beyond the call of duty, and in recognition of his diligence, dedication, and outstanding service to the City. PUBLIC COMMENTS Tom Egan, 1893 Parkview Circle, Costa Mesa, made the following West Side Costa points in a presentation regarding west side Costa Mesa: Mesa knowledge of a problem does not reveal the solution; the goal setting process should be open with maximum input; all interest groups should be involved from the beginning; and the City's problems include slums, intensity of development, traffic, and the economy. Millard Comments Martin Millard, 2973 Harbor Boulevard, Costa Mesa, commented that due to lack of action by the City Council, property values in the City are being driven down. Specifically, he noted that Costa Mesa has the highest crime rate of any large city in Orange County; the median home price in Costa Mesa is lower than those in Newport Beach, Huntington Beach, and Fountain Valley; the school system is lacking; and the City's Job Center is being used by illegal aliens. Mr. Millard complained that anti -loitering laws should be enforced against illegal aliens who gather in certain areas of the City. He suggested revising the zoning of property in the bluff area of the west side from industrial to single-family residential. Graham Comments Robert Graham, 3260 Dakota Avenue, Costa Mesa, proposed that the undergrounding of utilities in the City be maintained as a community objective. He reported that the City plans to remove a tree from 1722 Iowa Street at the owner's request, and observed that it is not possible to replace a 30 -year old tree. He asked that this be investigated. Mr. Graham stated that the Home Ranch project will add 400 plus homes to the area north of the 1-405 freeway with no bicycle access from the area south of the freeway. Harvey Alexander Cochran, 2111 Doctors Circle, Apt. A-101, Costa Mesa, thanked persons who assisted him during a recent personal crisis. "Fillmore Slum" John Feeney, 1154 Dorset Lane, Costa Mesa, showed Graffiti; Anti -Gang photographs of graffiti in the "Fillmore Slum" and adjacent areas. Ordinance He noted that the Buena Park anti -gang ordinance, which Council Member Steel had requested be placed on a City Council agenda, is currently "tied up" in the City Attorney's office. He asked for permission to create a display of the graffiti pictures in the City Hall lobby. Sutton Comments Doug Sutton, 2739 Canary Drive, Costa Mesa, asked that the City address the following concerns: the need for owner occupied housing, encouraging conversion of rentals to owner occupied; and elimination of illegal rentals in R1 neighborhoods. He thought that the City Council should communicate its hopes to provide valued services in economic slow periods and that performance of high school students should be of paramount concern to the Council. He suggested that persons who address Council be more positive and less angry. Transportation Issues Heather Somers, 313 Robin Hood Lane, Costa Mesa, speaking on behalf of Mayor Mike Gordon, City of EI Segundo, and representing the Coalition for a Truly Regional Airport Plan, presented a report and a resolution supporting the regional planning process for all Southern California Transportation. She indicated that the Transportation and Communications Commission (TCC), a division of the Southern California Association of Governments (SCAG), approved Option No. 8 for future planning. She announced that SCAG will hold a meeting in April, 2001, where the Regional Council will vote on the TCC recommendation. She asked that the resolution be placed on the agenda for March 19, 2001. EI Toro Airport Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, acknowledged Mayor Cowan's opposition to the EI Toro Reuse Planning Authority (ETRPA) action. He indicated that ETRPA opposes an airport at EI Toro. He encouraged Council to adopt a resolution which ensures that Costa Mesa will support the best airport planned. Placentia Avenue Chris Eric, 1825 Placentia Avenue, Costa Mesa, detailed problems Problem Property with properties at 1807 and 1811 Placentia Avenue, stating that the Police Department has been called an inordinate number of times due to drug problems. He asked that the City use the powers of eminent domain, but noted that the property may be under the jurisdiction of Housing and Urban Development (HUD). He requested City support in this matter. The City Manager replied that the City does not have legal authority over this property. Eric Bever, 1046 Westward Way, Costa Mesa, addressing the property on Placentia Avenue, asked if it should be considered a commercial property and therefore subject to eminent domain. He reported that the property is an eyesore in the community, dysfunctional, and obsolete. Mike Berry, 2064 Meadow View Lane, Costa Mesa, reported that the Placentia property is not owned by HUD, but is owned by a private individual. He suggested withholding an occupancy permit until the property meets code requirements. The City Manager indicated that Code Enforcement and the City Attorney's office will address this issue. Pierce Street Annex Alicia Berhow, 332 Cabrillo Street, Costa Mesa, asked for City Council assistance in revoking the business license of the Pierce Street Annex, and listed the problems she has encountered with this bar/tavern. Mayor Cowan replied that the City is in the process of dealing with the manager of the Annex and an adjacent property owner. She asked that the Planning and Redevelopment Manager follow up to ascertain if conditions improve, and referred Ms. Berhow to the Chief of Code Enforcement. Karen Smith, 332 Cabrillo Street, Costa Mesa, added her, comments regarding the Pierce Street Annex. Mayor Cowan asked the Planning and Redevelopment Manager to follow up with Ms. Smith. CONSENT On motion by Mayor Pro Tem Dixon, seconded by Council Member CALENDAR Robinson, 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: LaVerne C. Aiello; Bruce Bender; Aaron Trent Harris; Richard and Evelyn Everett; Jeff and Erin Locke; Beatrice Ateniese; and Jimmy Stovall. Alcoholic Beverage Alcoholic Beverage Control (ABC) License requests: Licenses Balasova Dagmar/Unique (formerly Sports Page Saloon), 2562 Newport Boulevard, Suites C and D, for a person-to-person transfer of a Type 42 ABC License (on -sale beer and wine for public premises). Z'Tejas Costa Mesa, Inc. (formerly Piret's), 3333 Bristol Street, Suite 1876, for a premise-to-premise/person-to-person transfer 1 1 1 of a Type 47 ABC License (on -sale general for a bona fide eating place). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1837, funding Payroll 104 for 1837/Payroll 104 $1,606,743.78, and City operating expenses for $1,585,744.26, including payroll deductions. Approved Warrant Warrant Resolution 1838, funding City operating expenses for 1838 $429,486.03. ADMINISTRATIVE Travelers Casualty and Surety Company's Bond 054 S 103510226 ACTIONS/Accepted BCM was accepted as Southern California Gas Company's Travelers Bond for Franchise Bond, replacing Reliance Insurance Company's Bond Southern California B2878883; and Reliance was released from future liability. Gas Company Awarded Debris Bids received for Design and Construction of a Debris Dump Site Dump Site at Corp at the City Corporation Yard, 2310 Placentia Avenue, Project No. Yard, Project 01-01, 01-01, are on file in the City Clerk's office. The contract was to Premier Con- awarded to Premier Contractors, 1401 North Batavia Street, No. tractors 204, Orange, for $109,715.63 (Base Bid plus Alternate Bid Item No. 2) for a 70 -foot wide facility, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Awarded Bid Item Bids received for Bid Item No. 1059, Red Light Emitting Diodes 1059, Red LED, to (LED), for traffic and pedestrian signal heads, are on file in the City Western Pacific Clerk's office. The contract was awarded to Western Pacific Signal; Approved Signal, LLC, 20993 Foothill Boulevard, No. 214, Hayward, for a Budget Adjustment total cost of $121,781.34, which includes 2 percent 20 days No. 01-77 payment discount; and Budget Adjustment No. 01-77 was approved for $66,000.00, to encumber the necessary funds enabling participation with Southern California Edison Company's grant program to convert traffic signals to LED types. Approved Agreement Agreement No. 12-427 was approved with CALTRANS to receive with CALTRANS for $38,972.00 in grant funds for the installation of Closed Circuit CCTV Cameras at Television (CCTV) cameras at the Harbor Boulevard/- 1-405 and Harbor/1-405 and Fairview Road/1-405 interchanges, and the Mayor and Deputy City Fairview/1-405 Clerk were authorized to sign on behalf of the City. Accepted Deed No. A sidewalk easement was accepted from Atlantic Richfield 3450 from Atlantic Company, 4 Centerpointe Drive, LPR 6-160, La Palma, for Richfield for 1450 property at 1450 Baker Street, and the Mayor was authorized to Baker Street sign Grant of Easement and Right of Entry Deed No. 3450 on behalf of the City. Adopted Resolution 01-13, Revising Pay Ranges for Classifica- tions Represented by the City Employees Association Adopted Resolution 01-14, Revising Pay Rates for Part -Time Employees; Approved Budget Adjustment No. 01-82 Resolution 01-13 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE PAY RANGES FOR JOB CLASSIFICATIONS REPRESENTED BY THE COSTA MESA CITY EMPLOYEES ASSOCIATION PURSUANT TO THE 1997-2001 MEMORANDUM OF UNDERSTANDING (MOU). Resolution 01-14 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE RATES OF PAY FOR PART-TIME CLASSIFICATIONS AND EMPLOYEES TO REFLECT THE ESTABLISHED MARKETPLACE; and Budget Adjustment No. 01- 82 was approved for $28,439.00. 325 Adopted Resolution Resolution 01-15 was adopted:, A RESOLUTION OF THE CITY 01-16, Revising Pay COUNCIL. OF THE CITY OF COSTA MESA, CALIFORNIA, Ranges for Classifi- REVISING THE SALARY RANGES FOR JOB CLASSIFICATIONS cations Represented REPRESENTED BY THE COSTA MESA FIREFIGHTERS by Firefighters Asso- ASSOCIATION TO REFLECT THE ESTABLISHED LABOR ciation; Approved MARKETPLACE PURSUANT TO THE 2000-2004 MEMORAN- Budget Adjustment DUM OF UNDERSTANDING (MOU); and Budget Adjustment No. No. 01-83 01-83 was approved for $174,490.00. COUNCIL Council Member Steel commented that in the near future Council COMMENTS will need to face problems, such as crime, which impact the City City Problems and affect property values. He pinpointed the Job Center, charities, and rentals on the west side of the City. He asked the City Manager to provide an explanation as to why the Buena Park ordinance is not on this agenda, which will be heard under City Manager's Report. Little League Opening Mayor Pro Tem Dixon announced that she had attended the National and American Little League opening day ceremonies. Huscroft House She invited everyone to attend a meeting on Thursday, March 15, 2001, at 7:00 p.m., at the Neighborhood Community Center, regarding the historical preservation of the Huscroft House. OLD BUSINESS The Deputy City Clerk presented from the meeting of February 5, Massage Ordinance 2001, second reading and adoption of Ordinance 01-7, regarding massage establishments, practitioners and employees. A communication was received from Dr. Chad Rohlfsen, 424 South 2nd Avenue East, Newton, Iowa, supporting Dr. Brian Stanton, opposing the ordinance, and stating that chiropractic practices are dictated by state law, not by city ordinances. The following communications were received protesting the City's test, asserting that it is more suitable for doctors or pre-med students; it is not directly related to the practice of massage; it is vague and confusing; it is based on procedures not taught in massage schools; it is too long and too technical; it is unfair to those without sports massage training; it has too many questions about the municipal code; and the fees are too high: Debra Driscoll, 30025 Alicia Parkway, No. 112, Laguna Niguel; Cathe Thomas Hall, Body Centre Day Spa, Costa Mesa (no street address given); Paula Maurer, 550 Paularino Avenue, No. G202, Costa Mesa; Sandra Lee Milan, 245 Broadway, Unit A, Costa Mesa; Julie Jeffrey, 39202 Virginia Way, Laguna Beach; Renee C. Yanez, Body Center, Costa Mesa (no street address given); Tamara Holman, no address given; Lucinda Berntsen, no address given; Elaine Troutman, 70 Bluejay, Irvine; Ingrid Devin -Kayne, 17682 Cameron Street, Apt. J, Huntington Beach; Erin D. Rico, 2900 East Lincoln Avenue, Anaheim; Robert A. Busby, 2548 East Garnet Avenue, Mesa, Arizona; and Angela Gomez, 3742 Bayberry Drive, Chino Hills. The Senior Police Office reviewed the Agenda Report dated February 22, 2001, and assisted by the Office Specialist 11, responded to questions from Council. The following persons spoke regarding the proposed ordinance: Kelley Gast, Body Center, 660 Baker Street, Suite 101, Costa Mesa, addressed several aspects; Joseph Frascella, attorney at law, 14517 Sunset Boulevard, Pacific Palisades, representing the Mind & Body Connection, 2138 Newport Boulevard, Costa Mesa, observed that the ordinance conflicted with state law, and suggested that it not be adopted at this time; Robert Ellis, 2850 Mesa Verde Drive, Costa Mesa, asked that Council make a decision; Tom Hugo, Back Pain Chiropractic, 1525 Mesa Verde 1 1 210L Drive East, Costa Mesa, objected to the test; and Patty, a massage therapist, opposed the 500 -hour requirement. Ron (last name unintelligible), 1875 Monrovia Avenue, Costa Mesa, stated that his wife was an aesthetician, and the City Attorney confirmed that that category of service was exempt from the ordinance. The City Attorney replied to Council Member Robinson by stating that the ordinance had been carefully examined and complies with state law. Council Member Steel advised massage practitioners to address Council with future concerns regarding the ordinance. MOTION/Adopted On motion by Council Member Monahan seconded by Council Ordinance 01-7 Member Robinson, and carried 5-0, Ordinance 01-7 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA REPEALING AND REPLACING TITLE 9, CHAPTER II, ARTICLE 22 OF THE COSTA MESA MUNICIPAL CODE REGARDING MASSAGE ESTABLISHMENTS, PRACTITIONERS AND EMPLOYEES, changing the period of conformance from three to six months, and. including the CPR certificate as continuing education credit. OLD BUSINESS The Deputy City Clerk presented from the meeting of February 20, Minor Additions in 2001, second reading and adoption of Ordinance 01-10, to modify Developments with the procedures for allowing minor additions in existing Master Plans developments with master plans. MOTION/Adopted On motion by Mayor Pro Tem Dixon, seconded by Council Member Ordinance 01-10 Steel, and carried 5-0, Ordinance 01-10 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE TO MODIFY THE PROCEDURES FOR ALLOWING MINOR ADDITIONS IN EXISTING DEVELOPMENTS WITH MASTER PLANS. OLD BUSINESS The Deputy City Clerk presented from the meeting of February 20, Public Notice 2001, second reading and adoption of Ordinance 01-11, relating to Requirements public notice requirements. The Planning and Redevelopment Manager advised that applications currently being accepted are being asked to comply with the 500 -foot radius mailing requirement, and information on the size and type of display regarding the notice to be posted on the property will be forthcoming as a Council Policy at the meeting of March 19, 2001. MOTION/Adopted On motion by Mayor Pro Tem Dixon, seconded by Council Member Ordinance 01-11 Steel, and carried 5-0, Ordinance 01-11 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 13- 29(d) OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATING TO PUBLIC NOTICE REQUIREMENTS. OLD BUSINESS The Deputy City Clerk presented from the meeting of February 20, Planning Commis- 2001, second reading and adoption of Ordinance 01-12, amending sioner Terms the terms of office of Planning Commissioners. MOTION/Adopted On motion by Mayor Pro Tem Dixon, seconded by Council Member Ordinance 01-12 Steel, and carried 4-1, Council Member Monahan voting no, Ordinance 01-12 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE COSTA MESA OLD BUSINESS South Coast Plaza Town Center MUNICIPAL CODE BY AMENDING THE TERMS OF OFFICE FOR PLANNING COMMISSIONERS. The Deputy City Clerk presented requests for rehearing concerning the City Council's approval on February 5, 2001, for expansion of South Coast Plaza Town Center: Request from James R. Anderson, CommonWealth Partners, LLC, 3200 Park, Center Drive, Suite 660, Costa Mesa, owner of Two Town Center and Downey Savings properties, to rehear Development Agreement DA -00-04. Requests from the City Attorney to rehear General Plan Amendment GP -00-02, Specific Plan SP -00-01, Master Plan Amendment PA -00-38, and Development Agreements DA -00- 02, DA -00-03, and DA -00-04. From the meeting of February 5, 2001, second reading and adoption of Ordinance 01-4, approving Development Agreement DA -00-02 between the City of Costa Mesa and South Coast Plaza ("Segerstrom Town Center'). From the meeting of February 5, 2001, second reading and adoption of Ordinance - 01-5, approving . Development Agreement DA -00-03 between the City of Costa Mesa, the Orange County Performing Arts Center and South Costa Repertory Theatre ("Segerstrom Center for the Arts"). From the meeting of February 5, 2001, second first reading of Ordinance 01-6, approving Development Agreement DA -00-04 between the City of Costa Mesa and the FSP Two Town Center and Fifth Street Properties -DS ("Two Town Center and Downey Savings"). DA -00-04 A communication was received from James R. Anderson, (Ordinance 01-6) CommonWealth Partners, supporting the request for rehearing of Development Agreement DA -00-04, addressing the term of the Noguchi Garden, shared parking, lender consent and subordination agreement, and submitting the changes they are recommending for the development agreement. Tom Nixon, the City's outside attorney, reported that Two Town Center had requested that second reading'and adoption of Ordinance 01-6, approving Development Agreement DA -00-04, be continued to the meeting of March 19, 2001, to allow for additional negotiations. He reviewed his recommendations, for the remainder of the items, reported that the issues in question are the term of the land use restriction for the Noguchi Garden and parking, and responded to questions from Council. Paul Freeman, representing South Coast Plaza Partners, 3315 Fairview Road, Costa Mesa, and authorized agent for the Orange County Performing Arts Center, 600 Town Center Drive, Costa Mesa, indicated that both parties supported the staff recommendation. He reported, that the South Coast Repertory Theatre was anxious to commence, and asked that the recommended action for Town Center and the Performing Arts Center be endorsed. Phillip Schwartze, CommonWealth Partners, 31682 EI Camino Real, San Juan Capistrano, representing Two Town Center, addressed the parking at Two Town Center stating that parking for the tenants is of primary importance, and noted the possibility of more than 50 percent of the parking being available for arts patrons. He confirmed that a 25 -year proposal for the Noguchi Garden was still viable, and addressed the definition of "useful life". Jim Anderson, CommonWealth Partners, responded to questions from Council Member Monahan by stating that their first obligation is to serve their tenants, and there is no intent to shirk their obligations. He noted that the land use restriction is a separate document and will "run with the land", and all restrictions contained therein have tremendous implication to the project. He observed that the changes being requested in reference to the Noguchi Garden relate to not requiring City Council approval for normal maintenance requirements. Mr. Anderson suggested that the language for the shared project parking in the consent and subordination agreement, contained in the multi -colored copy of the development agreement, should suffice. He reported that the structures which encompass the Noguchi Garden are the Comerica building; the Ditech building, and the parking structure, and "useful life" would be defined as "as long as tenants are in the building." He stated that "useful life" under Federal guidelines is defined as 39 years, and addressed the subordination language. Mayor Cowan believed that a specific timeline should be identified, rather than dealing with language such as "useful life of the building", "in perpetuity", etc. She supported requiring City Council approval for any actions relating to the Noguchi Garden, and thought that the parking issue was about a reduced parking fee in the evenings for Costa Mesa residents. Mayor Cowan asked that the strength of the development agreement not be lost in the discussion. Council Member Monahan agreed that if the issue on parking and life of the building were resolved, the subordination would take care of itself. Council Member Robinson explained the City's concern that each one of the projects in this application converge to ensure that parking is adequate for any additional capacity seating. She asked that any parking restrictions and regulations be added to the agreement. Ted Bischak, 390 Santa Isabel Avenue, Costa Mesa, CommonWealth Partners, in charge of the office buildings at Two Town Center, reported that along with the Segerstrom property, approximately 7,000 parking spaces will be available. He stressed that the parking issue is actually a small one, and restrictions will damage the project from a marketing standpoint. MOTION/Continued A motion was made by Council Member Monahan, seconded by to March 19, 2001 Council Member Steel, to continue first reading of Ordinance 01-6, approving Development Agreement DA -00-04, to the meeting of March 19, 2001, stipulating that the period of time for the Noguchi Garden will be 25 years, rather than "useful life", "in perpetuity", etc., and public parking shall be available according to the language provided in Development Agreement DA -00-04, as revised by Two Town Center, "OWNER may apply for a reduction in the required parking ratios in accordance with the provision of Section 13-89.5 of the City's Municipal Code."; extensive public noticing will be required for any changes relative to the Noguchi Garden, with the intention to do whatever it takes for the development agreement to maintain its strength in relationship to the master plan, and directing staff to address Two Town Center's concerns regarding catastrophic incidents in relation to the buildings surrounding Noguchi Garden. ��: 3�.;, Mayor Pro Tem Dixon opposed the motion, recommending that Council Member Monahan and .Mr. Schwartze read the transcript wherein the useful life of the building was quoted as 10 to 1,000 years. She objected to the 25 -year term. The motion carried 3-2, Council Members Dixon and Robinson voting no. Request for Rehearing Jim Anderson, Commonwealth Partners, agreed to a severance of GP -00-02, SP -00-01, the Segerstrom Town Center and Segerstrom Center for the Arts PA -00-38, DA -00-02, projects from the Two Town Center and Downey Savings project. DA -00-03, DA -00-04 He indicated that his intent for requesting a rehearing was to remove the Segerstroms and the Performing Arts Center from issues involving Two Town Center's development agreement. MOTION/Granted A motion was made by Mayor Cowan, seconded by Council Partial Rehearing Member Monahan, and carried '3-2, Council Members Dixon and Robinson voting no, to grant a partial rehearing of the application by the City Attorney for only those provisions in GP -00-02, SP -00- 01, and PA -00-38, dealing with increased development on the Two Town Center property, and directing staff to make the appropriate changes to the corresponding. resolutions regarding the Town Center projects. Relating to Council Member Robinson's intention to abstain from the above vote, the Assistant City Attorney reported to Mayor Cowan that in the event a Council Member seeks to abstain without a conflict of interest being involved, the vote would be counted as a "yes". Mayor Cowan asked the City Attorney to move forward with research and an opinion on this matter, and provide same to Council as soon as possible. MOTION/Adopted A motion was made by Mayor Cowan, seconded by Mayor Pro Ordinance 01-4 Tem Dixon, and carried 5-0, to give second reading and adopt Approving DA -00-02 Ordinance 01-4, AN 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/Adopted A motion was made by Mayor Cowan, seconded by Mayor Pro Ordinance 01-5 Tem Dixon, and carried 5-0, to give second reading and adopt Approving DA -00-03 Ordinance 01-5, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DA -00-3 BETWEEN THE CITY OF COSTA MESA, THE ORANGE COUNTY PERFORMING ARTS CENTER AND SOUTH COAST REPERTORY THEATRE ("SEGERSTROM CENTER FOR THE ARTS"). MOTION/Denied A motion was made by Mayor Cowan, seconded by Council Request for Rehearing Member Monahan, and carried 5-0, to deny the request for for DA -00-04 rehearing from James Anderson, Commonwealth Partners, for Development Agreement DA -00=04. NEW BUSINESS The Deputy City Clerk presented the Cultural Arts and Historic Youth Art Display Resources Committee recommendation to have a rotating youth art display in the lobby of City Hall; and Budget Adjustment No. 01- 84 for $2,000.00 to recognize revenue from signs of support. The Recreation Manager summarized the Agenda Report dated February 16, 2001. 1 1 1 341 Katrina Foley, 2778 Lorenzo Avenue, Costa Mesa, supported the item and encouraged staff to contact the County education programs. MOTION/Approved A motion was made by Mayor Pro Tem Dixon, seconded by Display; Approved Council Member Robinson, and carried 5-0, to approve a rotating Budget Adjustment youth art display in the lobby of City Hall, and to approve Budget No. 01-84 Adjustment No. 01-84. NEW BUSINESS The Deputy City Clerk presented an ordinance repealing and Abandoned Shopping replacing Title 15, Chapter I, Article 1 of the Costa Mesa Municipal Carts Code regarding abandoned shopping carts. The City Attorney reviewed the Agenda Report dated February 23, 2001. MOTION/Gave On motion by Mayor Pro Tem Dixon, seconded by Council Member Ordinance 01-13 Monahan, and carried 5-0, Ordinance 01-13 was given first First Reading reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING AND REPLACING TITLE 15, CHAPTER I, ARTICLE 1, OF THE COSTA MESA MUNICIPAL CODE REGARDING ABANDONMENT OF SHOPPING CARTS. Second reading and adoption are scheduled for the meeting of March 19, 2001. Mayor Cowan commented that she would like staff to begin to address picking up abandoned shopping carts, and asked staff to research the means to be proactive in this matter. Council Member Monahan reported that the Smart & Final store on 19th Street recently added automatic brakes on their shopping carts which prevents carts from being removed from their property. CITY ATTORNEY'S The City Attorney addressed the crime abatement ordinance REPORT mentioned under Public Comments by John Feeney, reporting that Crime Abatement the request to prepare the ordinance had been received from the Ordinance Police Department and the document has been completed. He stated that there is a pending lawsuit against the City of Buena Park for a similar ordinance, and indicated that review of the lawsuit prior to bringing the ordinance to Council would be prudent. Council Member Steel asked the City Attorney to provide him with copies of the litigation by the American Civil Liberties Union pertinent to job centers. ADJOURNMENT The Mayor declared the meeting adjourned at 9:59 p.m. in ll`ayorof the City of Costa Mesa ATTEST: 6_4_�f _T' qizj� Deputy City lerk of the City of Costa Mesa