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HomeMy WebLinkAbout03/19/2001 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH 19, 2001 The City Council of the City of Costa Mesa, California, met in regular session March 19, 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 Boy Scout Troop No. 188, and invocation by Pastor Shin Asami, Orange Coast Free Methodist Church. 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 Development Services Director Donald Lamm Public Services Director William Morris Administrative Services Director Steve Hayman Planning and Redevelopment Manager Mike Robinson Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Monahan, seconded by Mayor Pro March 5, 2001 Tem Dixon, and carried 5-0, the minutes of the regular meeting of March 5, 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. ANNOUNCEMENT Mayor Cowan introduced former Mayors Jack Hammett, Bob Wilson, and Donn Hall, and former member of the Mesa Consolidated Water District Board of Directors Hank Panian. PRESENTATION Mayor Cowan read a proclamation recognizing March, 2001, as Irish American Irish American Heritage Month in the City, in recognition of the Heritage Proclamation many sacrifices and considerable contributions of Irish Americans in our country's history. She presented the document to Danny McDermott, President of the Southern California Irish Network. PRESENTATION Mayor Cowan read a proclamation recognizing Liz Meyer on her Liz Meyer Proclama- retirement from ReLeaf Costa Mesa in November, 2000, and tion commending ReLeaf's planting of their 2000th tree in Fairview Park. She presented the document to Ms. Meyer. ANNOUNCEMENT Mayor Cowan announced that New Business No. 3, Request for support of a resolution supporting the display of the United States flag on "freedom days", will be considered prior to the Public Hearing; and reported that staff has requested a continuance of New Business No. 2, Fiscal Year 2001-02 Community Objectives. PUBLIC COMMENTS Janice Davidson, 1982 Arnold Avenue, Costa Mesa, Chairwoman Costa Mesa Charities of Citizens for the Improvement of Costa Mesa, commented on local charities, asking Council to discourage them from moving to Costa Mesa. Millard Comments Martin Millard, 2973 Harbor Boulevard, Costa Mesa, concurred with Mrs. Davidson regarding the overabundance of charities in the City. He referred to the concept as the "Government Illegal Alien Charity and Industrial -Complex", and indicated that Costa Mesa is currently undergoing a downward spiral, specifically on the west side. Mr. Millard commented on the near completion of City work on Baker Street, between Mendoza Drive -and Fairview Road, noting that the wall on the north side of the street has not been improved. He complained about day workers loitering at the 7-11 Store on Baker and Bristol Streets, and commented on persons from the "Fillmore Slum" who jaywalk. City Code Violation Forrest Drain, 109 The Masters Circle, Costa Mesa, owner of property at 1072 Southeast Bristol Street, Santa Ana Heights, reported that he had received a letter from the City stating that living in a trailer on the Bristol Street property is in violation of City code. He stated that he is the owner of a court reporting agency, and the trailer is used for business. Mayor Cowan asked Mr. Drain to contact the Development Services Director regarding this issue. ReLeaf Costa Mesa Rebecca Chadwick, 3007 Fernheath Lane, Costa Mesa, a member of the ReLeaf Costa Mesa Board of Directors, reported that 35 to 40 trees will be planted in the east side of Fairview Park on Saturday, March 31, 2001, at 9:00 a.m. She presented the City with a check representing the last of the year 2000 grant monies received from the State of California, and thanked Council and staff for their support. Disabled Citizens Harvey Alexander Cochran, 2111 Doctors Circle, Apt. A-101, Costa Mesa, referred to a recent article in the Daily Pilot in which he was featured regarding his concerns about citizens with disabilities. West 19th Street Robert Graham, 3260 Dakota Avenue, Costa Mesa, observed that Expansion a Santa Ana River Crossing (SARX) meeting is scheduled in approximately one month, and supported a study of 19th Street commercial property to determine if expansion of 19th Street would be beneficial. Gonzalez Comments Hilldegard Gonzalez, 1932 Pomona Avenue, Costa Mesa, supported the Habitat for Humanity house at 1925 Pomona Avenue, encouraging home ownership rather than renting. She complained about an unattractive accessory unit in her neighborhood, and observed that the City's tree trimming efforts are less than satisfactory. Mayor Cowan suggested that Ms. Gonzales contact the Development Services Director or the City Manager in regard to the accessory unit. Improving Costa Mesa Tom Egan, 1893 Parkview Circle, Costa Mesa, provided his plan to improve Costa Mesa. Standardized Con- Ernie Feeney, 1154 Dorset Lane, Costa Mesa, reported that the tainer Program Costa Mesa Sanitary District will hold their third study session regarding the Standardized Container Program on Thursday, March 22, 2001, at 6:00 p.m., in City Hall Conference Room 5A. She briefly reviewed the program. LJ [I 1 Niewiarowski Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, Comments suggested that the City hire a part-time employee to be the "voice of reason" in relation to the EI Toro Airport issue. He addressed problems with 17th Street, supporting the use of additional left -turn signals. Mr. Niewiarowski announced progress in stopping construction of a concrete wall at Bristol Street and John Wayne Airport, and encouraged Council to endorse proposed landscaping for Bristol Street. Anti -Gang Methods John Feeney, 1154 Dorset Lane, Costa Mesa, reiterated his request for Council to consider the Buena Park anti -gang ordinance; Proposition 21, Anti -Gang Violence Act; and the San Diego Program, Safe Streets Now. He felt that staff should research every anti -gang ordinance in the United States. Elmore Comments Donald Elmore, 2209 Wallace Avenue, Costa Mesa, asked about the status of water main replacement on Wilson Street between Harbor Boulevard and Placentia Avenue; the Costa Mesa Disposal trucks who use Wilson Street, instead of Victoria Street, to access the east side; and suggested repairing the numerous potholes throughout the City. Mansoor Comments Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, encouraged complete redevelopment of the west side, and asked that rezoning of the bluff area from commercial to residential be discussed. He requested that funding for special interest groups such as the Soup Kitchen be discontinued, and complained about the noise from vending trucks. 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: Cathy Cozad; Julian Ertz, et al.; Morgan Green; John Jerome; Diane McCardle; and Douglas Franklin Smith. Alcoholic Beverage Alcoholic Beverage Control (ABC) License request from License Champaign French Bakery, 3333 Bear Street, No. 151, for an original Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Public Utilities Notice that Southern California Gas Company and San Diego Commission Gas and Electric Company jointly filed Application No. A.01-01- 021 with the California Public Utilities Commission to combine their departments that purchase natural gas to effect a cost reduction in the cost of gas to customers of both utilities. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1839, funding Payroll 105 for 1839/Payroll 105 $1,630,173.62, and City operating expenses for $1,104,355.92, including payroll deductions. Approved Warrant Warrant Resolution 1840, funding City operating expenses 1840 for $933,153.58. :tel ADMINISTRATIVE Resolution 01-16 was adopted: A RESOLUTION OF THE CITY ACTIONS/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 01-16, REVISING THE PAY RANGES FOR JOB CLASSIFICATIONS Employee Pay REPRESENTED BY THE COSTA MESA CITY EMPLOYEES Increases; Approved ASSOCIATION PURSUANT TO THE 1997-2001 MOU; and Adjustment 01-87 Budget Adjustment No. 01-87 was approved for $233,720.00. Approved Agreement An agreement was approved with Meyer & Allen Associates, 2690 with Meyer & Allen Beachwood Drive, Los Angeles, for $133,330.00, to develop for Police Facility conceptual alternatives and to conduct microlevel Planning; Approved planning/programming for expansion of the Police facility; and Adjustment 01-71 Budget Adjustment No. 01-71 was approved for $18,330.00. Approved Purchase Purchase was approved of green Light Emitting Diodes (LED) from of Green LED from Western Pacific Signal, LLC, 20993 Foothill Boulevard, No. 214, Western Pacific Hayward, for $50,193.84 (in conjunction with the State of Signal California's purchase of the same item). Accepted Street Im- Street improvements at 204 East 17th Street were completed to the provements at 204 satisfaction of the Public Services Director by IDC, 1216 North East 17th by IDC, Tustin Avenue, Orange, in connection with Encroachment Permit Permit PS00-00287, No. PS00-00287 (PA -99-12). The work was accepted, and refund (PA -99-12) of $68,870.00 cash deposit was approved. Accepted Street Im- Street improvements at 1746 Orange Avenue were completed to provements at 1746 the satisfaction of the Public Services Director by Robert Conner, Orange by Connor, 177 Riverside Avenue, Suite F-212, Newport Beach, in connection Permit PS00-00476, with Encroachment Permit No. PS00-00476 (DR -00-10). The work (DR -00-10) was accepted, and refund of $6,199.00 cash deposit was approved. Accepted Street Im- Street improvements at 431 West Bay Street were completed to provements at 431 the satisfaction of the Public Services Director by Full Service, Inc., West Bay by Full 200 West Commonwealth Avenue, Fullerton, in connection with Service, Permit PS00- Encroachment Permit No. PS00-00483 (DR -00-04). The work was 00483 (DR -00-04) accepted, and refund of $25,482.50 cash deposit was approved. Approved Amended An Amended Joint Powers Agreement was approved with the City Agreement with City of of Newport Beach for Airborne Law Enforcement (ABLE) services, Newport Beach for and the Mayor and Deputy City Clerk were authorized to sign on ABLE behalf of the City. Approved Purchase Purchase was approved of miscellaneous hardware and of Hardware for accessories to facilitate the Police Department's transition to the Police 800 MHz 800 MHz Countywide Coordinated Communications System; and System; Approved Budget Adjustment No. 01-86 was approved for $11,865.00. Adjustment 01-86 COUNCIL . Council Member Robinson reported that she and Mayor Pro Tem COMMENTS Dixon met with the Newport -Mesa Unified School District, and School Report stated that members of the School Board indicated that schools throughout the district are improving. She shared the following information from the past year: Rea Intermediate School, Whittier Elementary School, and Sonora Elementary School have improved scores in every grade in reading, language, math, and spelling; College Park Elementary School and Paularino Elementary School have improved in all grades in all areas except a one point drop in language on the third grade level; Victoria Elementary School's second and fourth grades showed improvement in all areas; Costa Mesa High School had growth in all areas for Grades 7 and 10; Vietnamese Cultural and Estancia High School showed growth in all areas for Grade 9. Night Council Member Robinson indicated that she attended the 1 1 Vietnamese Student Association at Orange Coast College Cultural Night, on Sunday, March 18, 2001, and reported her enjoyment of the event. Costa Mesa Charities Council Member Steel felt that the schools will not achieve a desirable standard until action is taken to relieve the cities of the "magnets", i.e., charities, etc., which destroy quality of life. He 55 Freeway proposed that the 55 Freeway be tunneled under 17th and 19th Streets and be recessed to 15th Street or Industrial Way. He Gang Ordinance commended John Feeney for his perseverance regarding Council action on a gang ordinance for the: City, and asked the City Attorney to contact Mr. Feeney regarding placement of the Council Goals ordinance on an upcoming agenda. Council Member Steel Neighbors -for- suggested that Council must overcome the following obstacles: Neighbors the fear of change; past voting records; and an attitude of denial in regard to problems within the City. School Report Mayor Pro Tem Dixon addressed the meeting with the Newport - Mesa Unified School District, stating that appointing a School Board member to the Redevelopment Committee for the west side had been discussed. She stated that the Board is working with the City to obtain long-term leases at Balearic, and the District will provide 50 percent of the cost for police officer training, salaries, equipment, and vehicles, should it be decided to place officers in junior and high schools. Mayor Pro Tem Dixon mentioned that the District is working with Save Our Youth and the Costa Mesa Civic Neighbors -for- Playhouse on a vision for the Rea School site. She thanked Surat Neighbors Singh of Angels Car Wash for his gift of $500.00 for the Neighbors - for -Neighbors program to be held on April 28, 2001. She asked Vending Trucks that the vending truck ordinance be reviewed in a study session. NEW BUSINESS The Deputy City Clerk presented a request from Mayor Pro Tem Display of United Dixon for approval of a resolution supporting the display of the States Flag United States flag on "freedom days". The City Manager reviewed the Agenda Report dated March 6, 2001. Mayor Pro Tem Dixon noted her intent to help educate young people about the flag and to assist in helping them to recognize the importance of flying the flag. Council Member Steel observed that patriotism enhances character. The following members of the Freedom Committee of Orange County spoke in support of the resolution: Henry S. Panian, 4365 Swarthmore Lane, Costa Mesa, former member of the Mesa Consolidated Water District Board of Directors; Lieutenant Colonel Retired Fran Ryder, no street address given, Irvine, Chairman of the Freedom Committee; Bob Wilson, 3435 Plumeria Place, Costa Mesa, former Mayor of Costa Mesa, World War II veteran; Jack Hammett, 809 Presidio Drive, Costa Mesa, former Mayor of Costa Mesa and founding Chairman of the Freedom Committee of Orange County, World War II and Pearl Harbor survivor; Donn Hall, 3080 Johnson Avenue, Costa Mesa, former Mayor of Costa Mesa and President of the local chapter of the United States Air Force Association; Mel Phillips, no address given, World War II prisoner of war, paratrooper and bronze star recipient; and John Savilla, no street address given, Laguna Woods, retired United States Air Force Colonel, helicopter pilot. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, added her support for the resolution. MOTION/Adopted On motion by Mayor Pro Tem Dixon, seconded by Council Member Resolution 01-17 Steel, and carried 5-0, Resolution 01-17 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SUPPORTING THE DISPLAY OF THE UNITED STATES FLAG ON' "FREEDOM DAYS," specifically Banner Day, March 3, Flag Day, June 14, Labor Day, Memorial Day, Independence Day, July 4, Veteran's Day, City Incorporation Day, June 29, and Constitution 'Day, September 17, directing staff to contact a youth group, such as Brownies, Camp Fire Girls, Boy Scouts, or Indian Guides, to lead the Pledge of Allegiance at the Council meeting prior to a freedom day; to ask a member of the Freedom Committee of Orange County to give a short presentation on the value of the flag, and to prepare a press release prior to each "freedom day" containing a reminder about flag etiquette, and include the comments made by former Mayor Bob Wilson. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place GP -00-08/R-00-04, set for the public hearing to consider General Plan Amendment Pratt/EI Camino GP -00-08 and Rezone Petition R-00-04, Jeffrey Pratt, authorized Partners agent for EI Camino Partners, LLC/Orange National Bank, to amend the land use designation from Neighborhood Commercial to Medium Density Residential, and to rezone from C1 to R2 -MD, for property located at 1011-1045 EI Camino Drive. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the City Clerk's office. Communications were received from Michael Dilsisian, 2761 Lorenzo Avenue, Costa Mesa, urging Council to approve the R2 zoning; a petition containing 481 signatures submitted by commercial tenants of the center, supporting retention of the center; and a second petition containing 379 signatures submitted by adjacent homeowners supporting redevelopment of the site. The Planning and Redevelopment Manager summarized the Agenda Report dated March 6, 2001. Jeff Pratt, EI Camino Partners, LLC, 17752 Mitchell, Suite H, Irvine, supported the action recommended by staff, and responded to questions from Council. Council Member Monahan reviewed the history of his association with this project, commending,, EI Camino Properties for their endurance and the neighbors for their involvement. The following Costa Mesa residents spoke in support of rezoning the property from C1 to R2 -MD: Ed Keane, 2777 Lorenzo Avenue, member of the Board of Directors of the Mesa del Mar Homeowners Association; Martin Millard, 2973 Harbor Boulevard; Allan Mansoor, 2973 Harbor Boulevard, No. 406; Jim DeNuccio, 2811 Francis Lane, member of the Board of Directors of the Homeowners Association; Donald Elmore, 2209 Wallace Avenue; Mike Dalessandro, 2784 Cibola Avenue, member of the Homeowners Association; Michael Dilsisian, 2761 Lorenzo Avenue, member of the Homeowners Association; Bill Perkins, 1300 Adams Avenue, No. 11 P; ,Catherine Markert, 2761 Mendoza Drive; Lance Thompson -Hailstone, 1102 EI Camino Drive, President of the Homeowners Association; the resident at 1103 EI Camino Drive; and Jay Smith, 2787 Cibola Avenue. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Council Member Monahan, seconded by' Council Resolution 01-18; Member Steel, and carried 5-0, ;Resolution 01-18 was adopted: A Gave First Reading RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA to Ordinance 01-14 MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -00-08 AMENDING THE 199'0 GENERAL PLAN OF THE CITY .. 351 OF COSTA MESA REGARDING THE EL CAMINO CENTER AT 1011-1045 EL CAMINO DRIVE; adopting the Mitigated Negative Declaration; and Ordinance 01-14 was given first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REZONING THE 2.5 -ACRE EL CAMINO CENTER PROPERTY FROM C1 TO R2 -MD BY ADOPTION OF REZONE PETITION R-00-04. Second reading and adoption are scheduled for the meeting of April 2, 2001. Council Member Steel complimented former Council Member Heather Somers for her efforts on this issue. He assured the homeowners in the EI Camino Shopping Center area that he would pursue investigating the apartments which surround the Center. Mayor Cowan supported the motion, indicating that the Center had been useful at a certain period in time but circumstances had changed. She observed that the property owner had chosen to neglect the Center. Mayor Cowan hoped that prices for the new homes would not be above and beyond the means of teachers, nurses, secretaries, City employees, police officers, etc. Council Member Robinson expressed her interest in R1 development in this area, and encouraged Mr. Pratt to consider density issues and the voice of the community as expressed this evening. Mayor Pro Tem Dixon suggested that Mr. Pratt be sensitive in the project design in order for the homes to fit into the existing community. RECESS The Mayor declared a recess at 8:30 p.m., and reconvened the meeting at 8:45 p.m. OLD BUSINESS The Deputy City Clerk presented from the meeting of March 5, Shopping Carts. 2001, second reading and adoption of Ordinance No. 01-13, regarding abandonment of shopping carts. MOTION/Adopted On motion by Mayor Pro Tem Dixon, seconded by Mayor Cowan, Ordinance 01-13 and carried 5-0, Ordinance 01-13 was given second reading and adopted: 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. The City Manager reported that the City previously had a program for cart pickup and removal under an agreement with the Southern California Grocers Association, but a new program would need to be created. Eleanor Egan, 1893 Parkview Circle, Costa Mesa, asked if State law required consent from private property owners prior to shopping cart removal. The City Attorney responded in the affirmative. Mrs. Egan suggested that if consent is denied, there should be a consequence for maintaining a public nuisance. In the case of multi -family residential, she proposed that the contact person for shopping cart removal be posted, and asked that removing a cart from the business area by any person be considered a public offense. Mayor Cowan asked that the program address Mrs. Egan's concerns. Harvey Alexander Cochran, 2111 Doctors Circle, Apt. A-101, Costa Mesa, asked that a hotline be established. Mayor Cowan asked that a number be included in the program. OLD BUSINESS The Deputy City Clerk presented from the meeting of March 5, Two Town Center; 2001, second first reading of Ordinance 01-6, approving DA -00-04 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"); and rehearing on Development Agreement DA -00-04 (on agenda for administrative purposes only, no hearing to be held). Communications were received from Eric and Tammy Bever, 1046 Westward Way, Costa Mesa, stating that the "California Scenario" must be protected in perpetuity; a second letter from Eric Bever, supporting the preservation of the Noguchi Gardens; Bert Winther-Tamaki, Assistant Professor, Department of Art History, University of California, Irvine, expressing dismay to learn of the irresponsible plan which would endanger - the California Scenario; Laura Rakunas, 1781 Tanager Drive,; Costa Mesa, expressing concern that preservation of the "California Scenario" may be in danger because of the Two Town Center Project; Shoji Sadao, Executive Director, The Isamu Noguchi Foundation, Inc., stating that the "California Scenario" should be preserved in perpetuity; Cindy Brenneman, 1856 Elba Circle, Costa Mesa, urging Council to preserve the Noguchi Gardens for future generations; Paul Flanagan, M.D., 3090 Bali Circle, Costa Mesa, urging preservation of the Noguchi Gardens; and a petition from 18 professors from the University of California, Irvine, urging Council to reject any plan that leaves the "California Scenario" vulnerable to destruction at any time in the future. Tom Nixon, Woodruff, Spradlin and Smart, Attorneys at Law, 701 South Parker Street, Suite 800, Orange, Counsel for the City, reported that outstanding issues of the development agreement have been resolved as reported in the City Attorney's memorandums dated March 15' and 19, 2001. He responded to questions from Council. Jim Anderson, CommonWealth Partners, LLC, 3200 Park Center Drive, Suite 660, Costa Mesa, reported that the current parking, day and night, is 2,000 to 3,000 spaces. At the conclusion of the project, he indicated that there will be in excess of 7,000 spaces, which precludes mandating parking for the daytime and would create an undue burden. He stated that persons whose destination is Noguchi Gardens will receive free parking, and theater and arts patrons will receive a 50 percent parking discount. Mr. Anderson mentioned an agreement with the South Coast Repertory Theatre which includes creation of six original plays about Noguchi Gardens to be performed at the Gardens this summer, and sponsored by the developer. He reported that until 2026, regardless of who owns the property, any changes to the Gardens will be prohibited, and it will be preserved and maintained with public access and parking. He responded to questions from Council. Mayor Pro Tem Dixon reiterated' her desired for the Gardens to be preserved in perpetuity. Council Member Robinson commented on receiving changes to the development agreement at the last minute. Mayor Cowan fully supported the theater arts district concept but emphasized that the parking arrangement and parking plans must be compatible with the: Theater Arts District (TAD) Plan. Mike Woodward, attorney with Paul, Hastings, Janofsky, and Walker, LLP, 695 Town Center Drive, Seventeenth Floor, Costa Mesa, representing Two Town Center, commented that there is a provision in the development agreement and in State law for a periodic review each year to demonstrate good faith compliance, and commented on the parking situation. The following persons urged preservation of the Noguchi Gardens: Paul Flanagan, 3090 Valley Circle, Costa Mesa, who also addressed the 1.7 floor area ratio which he thought was excessive; Bert Winther-Tamaki, 15 Dickens Court, Irvine, professor of Art History,. University of California, Irvine; Eric Bever, 1046 Westward Way, Costa Mesa, requested that the item be continued should it be decided not to preserve the Gardens; Laura Rakunas, 1781 Tanager Drive, Costa Mesa, read a letter regarding the Gardens from Dickran Tashjian, Chair and Professor, Department of Art History, University of California, Irvine; Eleanor Egan, 1893 Parkview Circle, Costa Mesa; Cindy Brenneman, 1856 Elba Circle, Costa Mesa, representing Mesa Verde Community, Inc.; Robin Leffler, 3025 Samoa Place, Costa Mesa, asked Council to define for the public any action which is taken regarding the Gardens; Ursula Bowen, Portola Drive, Costa Mesa; Robert Graham, 3260 Dakota Avenue, Costa Mesa; Tom Egan, 1893 Parkview Circle, Costa Mesa; and Matt Bowen, Portola Drive, Costa Mesa; Rick Rodgers, 3192 Sicily Avenue, Costa Mesa, concurred with previous comments by Council Member Monahan, stating that a future Council has the authority to negate any action taken at this time to preserve the Gardens. MOTION/Continued On motion by Mayor Cowan, seconded by Mayor Pro Tem Dixon, to April 16, 2001 and carried 5-0, the following action was taken: Development Agreement DA -00-04 was continued to the meeting of April 16, 2001, provided that staff and the applicant are ready to respond by that date, for the purpose of protecting the Noguchi Gardens in perpetuity; and to address the Theatre and Arts District (TAD) parking text which the Mayor recommended for insertion into the Development Agreement as shown on Page 15 of the Agenda Report, following the first paragraph: "Notwithstanding the foregoing in this Subsection 3, the parking requirements in such parking arrangement and parking plan shall be compatible with the parking requirement in the TAD Plan. To the extent that the requirements in the parking arrangement and parking plan are not compatible with the TAD Plan, the parking requirements in the TAD Plan shall govern." Council Member Steel requested that the following be added to the motion: proceed with making a decision on some of these items tonight, such as the parking, Section 1.1(c) regarding the "Theatre and Arts District Plan" in the development agreement, and Section 3.29, regarding a provision that requires the City to negotiate a new agreement with the owners of any parcel that is severed from the rest of its property. Mayor Cowan declined to add the above to the motion. Jim Anderson indicated that the most important issue for the project has been the Noguchi Gardens. He reported that there are currently restrictions on the Gardens from Federal, State, and City entities, and denied that they intend to destroy the Gardens. Mayor Cowan indicated that she had revised her opinion that the 25 -year clause would be adequate for the Noguchi Gardens, stating that the community should be protected for future RECESS OLD BUSINESS Alternative Uses for 523 Hamilton Street generations. Council Member'Robinson supported retaining the Gardens in perpetuity for the City and the County. The Mayor declared a recess at 10:10 p.m., and reconvened the meeting at 10:20 p.m. The Deputy City Clerk presented proposed alternative uses for the city -owned property at 523 Hamilton Street: Direct staff to contact the owner of the adjoining parcel to the south of 523 Hamilton Street, AP -422-091-07 (no address assigned), to determine their interest in acquiring the City - owned property at,appraised value. If interest is shown in acquiring the property, direct staff to update the appraisal prepared in 1998 by The Schooler Company, and direct staff to begin negotiations for the sale of the property with the adjoining property owner/developer for a period of six months. Direct staff to report to the City Council with the status of the contract and/or negotiations.; The Public Services Director reviewed the Agenda Report dated March 7, 2001. Harvey Alexander Cochran, 2111 Doctors Circle, Apt. A-101, Costa Mesa, showed a photograph of the site, noting several openings in the fence and damaged signage. He suggested using the property as a staging area for City vehicles. Robert Graham, 3260 Dakota Avenue, Costa Mesa, proposed investigating the possibility of buyers other than the owner of the property to the south, and believed that converting the property into a neighborhood park should be considered. Mayor Pro Tem Dixon indicated that she valued Hamilton Street as one of the lead entrances to the west side of Costa Mesa, and supported beautifying the area. Council Member Robinson endorsed converting the area into open space with grass, trees, a bench, and a walkway. Mayor Cowan agreed that this site would qualify for a pocket park, as opposed to a neighborhood park. MOTION/To Give A motion was made by Mayor Cowan, seconded by Council Directions to Staff Member Robinson, directing staff to prepare a proposal for a for a Pocket Park pocket park without play equipment, but having landscaping, park benches, that kind of amenity. Council Member Monahan theorized that a business in that area may be able to utilize this corner, and turning it into a pocket park may preclude redevelopment improvement on adjoining properties. He asked that discussion with ' these property owners regarding their interests relative to the property be added to the motion. Mayor Cowan indicated her interest in retaining the property as open space for the City, and declined the addition to the motion. Eric Bever, 1046 Westward Way, Costa Mesa, stated that Rea Community Center contained a ;large park with playing fields, and supported commercial use of the Hamilton Street property. SUBSTITUTE A substitute motion was made by Council Member Monahan, MOTION/Gave Di- seconded by Council Member Steel, and carried 3-2, Council rections to Staff to Members Cowan and Robinson voting no, to direct staff to prepare Also Contact Adjoin- the proposal for a pocket park, and to also contact the neighboring ing Property Owners property owner to the south to determine their interest in acquiring Regarding Purchase the property. OLD BUSINESS The Deputy City Clerk presented an agreement with Alexander Huscroft House Associates, 2452-B North Glassell Street, Orange, for $137,707.00, to relocate the Huscroft House from TeWinkle Park to Fairview Park, to permanently place the structure on a foundation, and to construct other improvements. Communications were received from Laura Rakunas, 1781 Tanager Drive, Costa Mesa, stating that the Huscroft House was rejected by the National Historical Register, and will have little impact beyond our city limits; Eric- Bever, 1046 Westward Way, Costa Mesa, in support of preserving the Huscroft House; Nina Webster Gill, 3050 Ceylon Road, Costa Mesa, and signed by eight other residents, in support of preserving the house; and Dana Black, 465 Abbie Way, Costa Mesa, and Cindy Brenneman, 1856 Elba Circle, Costa Mesa, in support of preserving the house. The Public Services Director summarized the Agenda Report dated March 8, 2001. Mayor Pro Tem Dixon shared information on the meeting regarding the Huscroft House held the previous week, reporting that the house was constructed of redwood in 1915 in Santa Ana, and has been in Costa Mesa for 50 years. She indicated that participants in the meeting offered their services to help rebuild the house, donate materials, and to accomplish fund raising. Harvey Alexander Cochran, 2111 Doctors Circle, Apt. A-101, Costa Mesa, opposed spending funds to repair the house. Kristen Petros, 2135 Iris Place, Costa Mesa, Vice Chairman of the Cultural Arts and Historical Resources Committee, identified Council's specific objective (Community Objective 99-3[b]) to establish a historical renovation committee with an annual budget to refurbish the Huscroft House and identify other preservation efforts. She reported that the committee had made restoration of the house one of its top priorities, and a host of citizens have contacted the committee to volunteer. Mrs. Petros reported that the donor of the house is responsible. for asbestos removal. Donald Elmore, 2209 Wallace Avenue, Costa Mesa, commented that the house is dilapidated, and has been modified so many times that it does not even resemble its original state. He noted other problems such as infestation and asbestos removal, and suggested a continuance until private funding and/or donations can be used rather than taxpayer monies. Bill Huscroft, South Puente, Brea, stated that he grew up in this house, and provided details of its construction. He urged preservation as an architectural site for displays. Al Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, felt that restoration of the house would be a waste of taxpayers money, and suggested using these funds for west side redevelopment. He supported private funding. Cindy Brenneman, 1856 Elba Circle, Costa Mesa, reported her attendance at the meeting, and supported the preservation efforts. She committed herself to assist with corporate sponsorship solicitation and with the physical restoration, and asked for a continuance in order for other options to be considered. Rick Rodgers, 3192 Sicily Avenue, Costa Mesa, supported private funding. Martin Millard, 2973 Harbor Boulevard, Costa Mesa, considered the project a waste of money, noting that the house was not of historic value, nor was it built in Costa Mesa. He supported spending the funds on senior housing. Robert Graham, 3260 Dakota Avenue, Costa Mesa, read a letter from his wife, Marylane Graham, member of the Friends of Fairview Park Committee, supporting moving the Huscroft House to Fairview Park, stating that a historical area would be created which would be landscaped, enjoyed, and used as an educational tool. The resident at 250 Broadway, Costa Mesa, reported on her experience at the Huscroft ,House meeting, and supported restoration. She volunteered' that the house has educational possibilities, and noted that part of California's past will be preserved. She stated that the house could be used for community functions. Eric Bever, 1046 Westward. Way, Costa Mesa, supported preserving the house, suggesting that the house be moved to the historic village location, architectural needs be accessed, and a community foundation raise the necessary funds, expertise, and labor to privately restore and maintain the house. Kerry Smith, Costa. Mesa resident, opposed renovating the Huscroft House, stating that rather than a historical monument, it is merely an old house. He observed that no one of historical significance lived there nor did; anything of historical significance take place there. Mark Korando, 582 Park Drive, Costa Mesa, suggested utilizing the same people who volunteer, for the Neighbors -for -Neighbors program for restoration of the house. He stated that the house is not historic but a representation of old Costa Mesa. Robin Leffler, 3025 Samoa Place, Costa Mesa, expanded her vision to include preserving single-family neighborhoods in Costa Mesa. Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, referred to a house in Santa Ana Heights which has been destroyed, and suggested that community members devote their time, energy, and resources on the airport issue, and fixing up current, livable houses. David Stiller, 2879 Regis Lane, ;Costa Mesa, objected to spending money on items which show no foreseeable, justifiable return. He cited a City memorandum which indicated that the Cultural Arts and Historical Resources Committee have not created a plan for use of the house. Although not opposing restoration for its own sake, he urged Council to return this matter to the Committee to ascertain their plans for the house. Tom Egan, 1893 Parkview Circle, Costa Mesa, spoke about his "visioning" plan. 357 Mayor Pro Tem Dixon replied to several comments by stating that the Committee had contacted several cities and ascertained that they use historical villages for teas, living history school tours, weddings, botanical gardens, exhibits in local history, women's clubhouses, and more. She stated that community is being created, not history, and citizens will benefit. Motion to Approve A motion was made by Mayor Pro Tem Dixon, seconded by Mayor Agreement and to Cowan, to approve the agreement with Alexander Associates to Give Directions to relocate the Huscroft House from TeWinkle Park to Fairview Park Staff Failed to Carry for $137,707.00, and authorize the Mayor and Deputy City Clerk to sign on behalf of the City; to hire an architect; and to allow the Cultural Arts and Historical Resources Committee to fundraise for materials and work to attract volunteers to refurbish the house. After additional motions and discussion, this motion failed to carry 3-2, Council Members Monahan, Robinson, and Steel voting no. Council Member Robinson expressed pleasure regarding community turnout at the meeting regarding the house relocation and renovation but expressed concern that Council did not have sufficient information to make the decision to expend funds for these activities. Substitute Motion to A substitution motion was made by Council Member Robinson, Continue Failed to seconded by Council Member Monahan, to continue this item to Carry allow the committee another opportunity to provide more information as outlined by the above speakers as to how the house can be used once it is restored, the hours of operation, determine if it can be used for meetings and luncheons, if it will be self- sustaining, and determine maintenance costs. The substitute motion failed to carry 3-2, Council Members Cowan, Dixon, and Steel voting no. Mayor Cowan opposed the substitute motion, agreeing with the need to develop a plan, but expressing concern that if the facility is not moved and set on a foundation and restoration begun, the information from the committee will be too late. She felt that it is imperative that the house be moved now. Mayor Pro Tem Dixon commented that the Agenda Report sufficiently outlined the high end of what is expected, and the committee will work to fundraise and to ensure that the job is satisfactorily completed. Council Member Steel expressed concern over the amount of money to relocate the house and its not being germane to Costa Mesa. Substitute Motion to A substitute motion was made by Council Member Steel to approve Approve Financing the financing for the relocation of the Huscroft House to Fairview Died Park, and use monies derived from closing the Costa Mesa Job Center. Council Member Robinson expressed her desire for information from the committee on uses for the house and how it might be self- supporting. MOTION/Continued A motion was made by Mayor Cowan, seconded by Council Member Monahan, and carried 5-0, to continue this item until the Cultural Arts and Historical Resources Committee can prepare, as quickly as possible, a draft proposal regarding the use of this facility. Council Member Robinson asked that the information from the committee address the volunteers who help to refurbish the house, how that would reduce the cost,to the City, how the intended uses may cut down on the cost, and information on obtaining private/corporate sponsorship. She asked that a firm plan be in place. Mayor Pro Tem Dixon indicated that she was uncomfortable approaching corporations for funding prior to obtaining City support. MOTION/To A motion was made ,by Mayor Cowan, seconded by Mayor Pro Continue New Tem Dixon, to continue New Business Item No. 4, City Council Business Item Nos. Policy No. 500-13, and New Business No. 5, Resolution in support 4 and 5 of a Truly Regional Airport Plan, `to the meeting of April 2, 2001. SUBSTITUTE A substitute motion was made by Council Member Monahan, MOTION/Continua- seconded by Council Member Robinson, and carried 3-2, Council tion Rejected Members Cowan and Dixon voting no, to complete the agenda, including New Business Item Nos. 4 and 5. NEW BUSINESS The Deputy City Clerk presented a resolution of intention to 3 Percent at 55 for approve an amendment to a contract between the Board of Fire Safety Members Administration of the Public Employees' Retirement System and the City Council of the City of Costa Mesa, to provide 3 percent at 55 full formula for local fire safety members; and an ordinance authorizing an amendment to the contract between the City of Costa Mesa and the Board of Administration of the Public Employees' Retirement System. The Administrative Services Director reviewed the Agenda Report dated March 7, 2001. MOTION/Adopted On motion by Mayor Cowan, seconded by Council Member Resolution 01-19; Robinson, and carried 5-0, the following action was taken: Gave Ordinance 01-15 First Reading Resolution 01-19 was adopted: A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF a. COSTA MESA, CALIFORNIA, TO APPROVE AN AMENDMENT TO A CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF COSTA MESA. Ordinance 01-15 was given first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF COSTA MESA AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Second reading and adoption are scheduled for the meeting of April 16, 2001. NEW BUSINESS The Deputy City Clerk presented the Fiscal Year 2001-02 Objectives Community Objectives. MOTION/Continued A motion was made by Mayor Cowan, seconded by Mayor Pro to April 2, 2001 Tem Dixon, and carried 5-0, to continue this item to the meeting of April 2, 2001, as requested by staff. NEW BUSINESS The Deputy City Clerk presented City Council Policy No. 500-13 Council Policy 500- establishing standards for on-site public hearing notices. The 13, On -Site Public Development Services Director, summarized the Agenda Report Hearing Notices dated March 19, 2001. MOTION/Adopted A motion was made by Mayor Pro Tem Dixon, seconded by Mayor Policy 500-13 Cowan, and carried 4-1, Council Member Monahan voting no, to adopt Council Policy 500-13 with the following changes: public hearing notices posted on commercial properties shall be a minimum of 36 inches by 36 inches; signs shall be posted a minimum of 15 days prior to the hearing date; and signs shall be posted within 5 feet of the public property line. NEW BUSINESS Truly Regional The Deputy City Clerk presented a request for adoption of a resolution in support of a Truly Regional Airport Plan. Airport Plan Communications were received from Josh Frey, via e-mail, complaining that it is irresponsible and a breach of the public trust for the City Council to hire former elected officials to lobby or to allow them to be hired and paid by another city; Roland Chavez, via e-mail, supporting an airport at El Toro; Mary Schwartz, 103351 Miralago Place, Santa Ana, supporting restrictions at John Wayne Airport, and opposing a new airport at EI Toro; Ann Watt, Santa Ana Heights (two communications) recommending that Costa Mesa join the Southern California Regional Air Transportation Coalition, and supporting an airport at EI Toro; Thomas Grisafe, 25032 Paseo Cipres, Lake Forest, requesting that Council withdraw its support for the EI Toro Airport, and terminate its relationship with those who promote that project; John Sarnecky, Irvine, stating that Costa Mesa and Newport Beach must realize that an airport at EI Toro is a dead issue; Matthew Ruiz, Fullerton, requesting that the Council carefully consider the effects of supporting the resolution fora Regional Airport Plan; Leonard Kranser, stating that it is understandable for the Council to support John Wayne Airport restrictions, but pushing construction of an airport at EI Toro harms Costa Mesa's neighbors; Steve Novak, former Costa Mesa resident, urging Council to reject the proposed resolution supporting the regional airport ,plan; and Jan Phillips, Santa Ana Heights, in support of the EI Toro Airport. Communications were received supporting a resolution for a regional air transportation plan that includes an airport at EI Toro from Joan Ramstedt Andersen and Jack Andersen, Newport Beach; Chris McCormick; Warren Tarmas; Margaret- B. Coholan; and Robert Strader. The City Manager summarized the Agenda Report dated March 15, 2001. Heather Somers, 313 Robin Hood Lane, Costa Mesa, reported that the purpose of the resolution is .to promote consensus regarding the best possible transportation solutions for all of Southern California. She added that the resolutions are the beginning of the process which will evolve into strategic planning and a consensus building process consistent with the goals and objectives of the Southern California Regional Airport Authority. She volunteered to research information as to why the City of Ontario is not included in the coalition roster. The following persons opposed expansion of John Wayne Airport: Ralph P. Morgan, Jr., 206 15th Street, Costa Mesa; a resident of Santa Ana Heights; Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights; Ann Wyatt, Santa Ana Heights, Aaron Elder, 2527 Andover Place, Costa Mesa; George Margolin, 1701 Irvine Avenue, Newport Beach; Rachel Hamilton, 266 Brentwood Street, Costa Mesa; and a Santa Ana Heights resident. Council Member Steel encourages the City to become financially involved with the Orange County Regional Airport Authority (OCRAA). Council Member Monahan asked Council Member Steel, the OCRAA representative, to research how much funding they would require for the next six months. Mayor Cowan believed the resolution sends a message that we have to get above the ground war and begin to work in a systematic way to share the burden. MOTION/Adopted A motion was made by Council Member Monahan, seconded by Resolution 01-20 Mayor Cowan, and carried 5-0, to adopt Resolution 01-20, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SUPPORTING A REGIONAL AIRPORT PLAN FOR SOUTHERN CALIFORNIA, with the following amendment: the words "often times" were removed form the fifth paragraph of the resolution. CITY ATTORNEY'S The City Attorney reported that the Buena Park ordinance will be REPORT/Ordinance brought to Council as soon as possible. ADJOURNMENT The Mayor declared the meeting adjourned at 12:40 a.m. Mayor of the City of Costa Mesa ATTEST: Deputy City C rk of the City of Costa Mesa 1 1 F -J