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