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HomeMy WebLinkAbout04/02/2001 - City Council1 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 2, 2001 The City Council of the City of Costa Mesa, California, met in regular session April 2, 2001, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag led by Mayor Pro Tem Dixon, and invocation by Pastor Bill Gartner, Harbor Christian Fellowship. ROLL CALL Council Members Present: Council Members Absent: Officials Present: Mayor Libby Cowan Mayor Pro Tem Linda Dixon Council Member Gary Monahan (arrived at 6:50 p.m.) Council Member Karen Robinson Council Member Chris Steel None Acting City Manager Donald Lamm City Attorney Jerry Scheer Public Services Director William Morris Director of Finance Marc Puckett Senior Planner Tamara Campbell Deputy City Clerk Mary Elliott ORDINANCES AND A motion was made by Mayor Pro Tem Dixon, seconded by RESOLUTIONS Council Member Steel, and carried 4-0, Council Member Monahan absent, to read all ordinances and resolutions by title only. PRESENTATION Mayor Cowan congratulated Robert Dahl, Albert Tirre and Raul Employee of the Perez of the Public Services, Maintenance Services Division, on Month being named Employees of the Month for April, 2001, in appreciation of their compassion, dedication, and outstanding service to the citizens of Costa Mesa. PRESENTATION Mark Harris, Parks Recreation Facilities, and Parkways Sons of the American Commissioner, and First Vice Commander of the Sons of the Legion, Post 291 American Legion, Post 291, presented the Costa Mesa Community Foundation with a $500.00 check to be directed to the Advisory Committee of Teens (ACT). PUBLIC COMMENTS Martin Millard, 2973 Harbor Boulevard, Costa Mesa, encouraged West Side Costa rezoning of the west side bluff area from commercial to residential. Mesa He commented that illegal aliens in the area draw charities to the City, who provide free dental, medical, food, clothes, etc. He ,thought that the west side would improve within six months should the rezone occur. Donald Elmore, 2209 Wallace Avenue, Costa Mesa, supported the rezone of the bluff area. He reported that the Citizens for the Improvement of Costa Mesa are circulating a petition in favor of this action. John Wayne Airport/ Robert Graham, 3260 Dakota Avenue, Costa Mesa, asked that the EI Toro Airport City support the use of the airport at EI Toro, which encompasses a large area of land, in lieu of expanding John Wayne Airport. En Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, commended Council's intent to financially support the Orange County Regional Airport Authority (OCRAA). He proposed a safe and .reasonable airport plan which protects south county neighbors as . well as Costa Mesa citizens. Mayor Cowan clarified that OCRAA has not as yet requested funding. Robert Hanley, 1601 Indus Street, Santa Ana Heights, concurred that air traffic should be diverted to the EI Toro Airport in order to protect Costa Mesa, Newport Beach, and Irvine residents. Neighbors -for- Richard Studenick, 1174 Atlanta Way, Costa Mesa, President of Neighbors the Costa Mesa National Rifle Association (NRA) Members Council, pledged the Association's support of the City's Neighbors - for -Neighbors program. He announced that they will contribute $550.00 to the program, and challenged local business to match or exceed this annual contribution.. Mr. Studenick asked residents to support this effort by attending the Canyon Park cleanup on April 28, 2001. Noise, Noise, Noise David James, owner of an independent record store Noise, Noise, Record Store Noise, 1505A Mesa Verde Drive East, Costa Mesa, complained that the City has taken away his ability to use 100 percent of his window area for signage. He' reported that he has been cited under Costa Mesa Municipal Code Section 13-115 for using more than 10 percent of the window area. He stated his case, and asked that his business be exempt from this law. Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, supported Mr. James, stating that this law has been on the books for ten years and has not been enforced. He observed that forced conformity is not desirable, nor healthy. Ned Raggett, 1062 Vallejo, Circle, Costa Mesa, believed that signage in store windows provides character. He noted that the 10 percent figure for the ' window area was arbitrary, and suggested that the section of the municipal code addressing signs be reviewed. Mansoor Comments Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, reiterated his previous request to rezone the bluff area on the west side of Costa Mesa from commercial to residential. Referring to the rezone to residential of the property in at 1011-1045 EI Camino Drive (Rezone Petition R-00-04), he stated that fair market value should dictate the cost of the homes. He again asked that the City cease funding special interest groups such as the Soup Kitchen. Mr. Mansoor, who opposed funding for the Huscroft House, asked where the one-half million dollars for renovation would be obtained. Regarding vending trucks on the west side, he asked why the trucks are being imported from, Los Angeles, and suggested the following: there be only one authorized vending truck; vendors be required to live within the City, and vending be limited to only commercial areas. City Website Paul Bunney, Post Office Box 11024, Costa Mesa, commended the City for placing the minutes' of the Council meetings on their website, as well as Planning Commission minutes. He reported on a recent incident involving the Police Department. Shereshevsky Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Comments Mesa, referred to a Saturday, March 31, 2001, article in the Daily Pilot which revealed that school test scores and property values are up, and the City does not have an abnormally high crime rate. She congratulated the University of California, Irvine's intention to assist with Costa Mesa's west side. Sign Regulations Eleanor Egan, 1893 Parkview Circle, Costa Mesa, indicated that lack of enforcement of sign regulations and other ordinances contributed to the degradation of West 19th Street. She encouraged code enforcement's efforts to regulate signs, stating that it benefits the area in which she lives. Agenda Order Willy Reese, 354 Vista Baya, Newport Beach, asked why public hearings are at the end of the agenda. Mayor Cowan replied that public hearings are actually prior to Old and New Business, following the Consent Calendar and Public Comments. She noted that items prior to Public Hearings are typically routine, and the public has the opportunity to speak at 6:30 p.m. as opposed to midnight. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 7, Recommendation from the Cultural Arts and Historical Resources Committee to support the Leadership Tomorrow Class of 2001 project; and Item No. 10, Change Order No. 2 to the contract with Analytical Planning Services, Inc., for engineering services in connection with construction of the Downtown Recreation Facility, Project No. 99-16. MOTION/Approved On motion by Council Member Monahan, seconded by Council Except Item Nos. Member Robinson, and carried 5-0, the remaining Consent 7 and 10 Calendar items were approved as recommended. WRITTEN COMMUNI- Resolution 01-21 was adopted: A RESOLUTION OF THE CITY CATIONS/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 01-21, AUTHORIZING RECORDS DESTRUCTION FOR THE POLICE Records Destruction DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO for Police ORDINANCE 75-60. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Enterprise Rent -a - Car; Forrest L. Drain; and Joseph Panarisi. Alcoholic Beverage Alcoholic Beverage Control (ABC) License requests: Licenses Plaza Restaurant Project, for Back Bay Rowing and Running Club, located at South Coast Plaza, 3333 Bristol Street, Suite 1200, for a person-to-person transfer of a Type 47 ABC license (on -sale general fora bona fide eating place). Detroit Project LLC, 843 West 19th Street, for a person-to- person transfer of a Type 48 ABC license (on -sale general for public premises). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1841, funding Payroll 106 for 1841/Payroll 106 $1,667,655.57, and City operating expenses for $792,146.10, including payroll deductions. Approved Warrant 1842 REJECTED CLAIM Orange County Deaf Advocacy Center Warrant Resolution 1842, funding City operating expenses for $486,293.03. A claim from the Orange County Deaf Advocacy Center (alleging discrimination in denial of a business license) was rejected. ADMINISTRATIVE Renewal was approved of the Support Agreement, pursuant to the ACTIONS/Approved License Agreement with PeopleSoft USA, Inc., Department Renewal of People- CH10699, Palatine, Illinois, effective March 19, 2001, through Soft Agreement March 18, 2002, for an annual amount of $109,918.30. Approved Agree- An agreement was approved with Alderman Engineering, 19936 ment with Alderman Little Woods Road, Cottonwood, California, for $28,000.00, to for TeWinkle Park improve water quality at the TeWinkle Park lakes, and the Mayor Water Quality and Deputy City Clerk were authorized to sign on behalf of the City. Awarded Baker Street Bids received for Baker Street, Wall and Fence from Cleveland Wall and Fence, Avenue to Babb Street, Project; No. 01-02, are on file in the City Project No. 01-02, Clerk's office. The contract was awarded to Frank C. Palmer, Inc., to Palmer Masonry doing business as Palmer Masonry, 2672 Newport Boulevard, Costa Mesa, for $35,065.00 (base bid plus all alternate bid items), and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Tile Mural at Item No. 7 on the Consent Calendar was presented: TeWinkle Park Recommendation from the Cultural Arts and Historical Resources Committee to support the Leadership Tomorrow Class of 2001 project to place a the mural on ;the outside of the TeWinkle Park restroom: Mayor Pro Tem Dixon explained that Leadership Tomorrow consists of' a group of community leaders who spend approximately 9 months together addressing community issues. She reported that the group will hold a fair at TeWinkle Park in May, 2001, and a tile painting session will be part of the free MOTION/Approved activities. On motion by Mayor Pro Tem Dixon, seconded by Recommendation; Mayor Cowan, and carried 5-0; the Committee recommendation Accepted Gift was approved, and the tile mural gift was accepted. Change Order No. 2 Item No. 10 on the Consent Calendar was presented: Change to Contract with Order No. 2 for $85,000.00 to the contract with Analytical Planning Analytical Planning Services, Inc., 15707 Rockfield Boulevard, Suite 225, Irvine, to for Downtown Re- provide additional engineering services in connection with creation Facility, construction of the Downtown Recreation Facility, Project No. 99 - Project No. 99-16 16. Council Member Robinson Basked if the delay was caused by the contractor or the City, and wondered if the City will bear the price if the delay was indeed caused by the contractor. The Public Services Director responded that the delays have mostly been caused by the contractor in -that the roof trestles were not constructed properly; and the project will be completed approximately the middle or the lend of the July. He indicated that the contract provides for liquidated damages. On motion by MOTION/Approved Council Member Robinson, seconded by Council Member Monahan, and carried 5-0, the change order was approved. COUNCIL Council Member Robinson reported on her attendance at the COMMENTS Orange County 2001 Human Relations Awards banquet, in her 2001 Human capacity as liaison to the ,Costa Mesa Human Relations Relations Awards Committee. She indicated that; the purpose of the event was to recognize outstanding contributions in the field, and noted that groups from many Orange County cities were honored. Council Town Hall Meetings Member Robinson noted her and Council Member Steel's 1 1 participation in a Mesa Verde Community, Inc., Town Hall Meeting, and encouraged residents to attend these meetings. OCRAA Meeting Council Member Steel concurred that the town hall meetings are a positive event in the City. He reported that meetings will be held this week with the Orange County Regional Airport Authority (OCRAA), the City Manager, and City Manager's from other cities, to strengthen the position opposing expansion of John Wayne Airport, and to provide funding to OCRAA. He complimented Costa Mesa "Vision" resident Tom Egan on his "vision" for Costa Mesa as presented at the meeting of March 19, 2001, and suggested adopting this plan for the City. He volunteered to work with Mr. Egan to develop this "vision", and commented that it would be beneficial. Council Member Monahan supported funding for OCRAA. He Sign Issues asked the Development Services Director for a synopsis of the issues regarding signage as reported by the speaker from Noise, Noise, Noise under Public Comments. Regarding moving the Huscroft House Huscroft House, he indicated that there may be a problem with the building code in that the building would be required to be up to code prior to the move, and asked that the Building Official investigate. Regarding vending trucks in the City, Council Member Dana Point Vendors Monahan asked that the City of Dana Point be contacted regarding their policy, for example, if there is a franchise agreement. In response to a question from Council Member Monahan, the City Charter Amendment Attorney, indicated that he will provide a report on a charter to City/Buena Park amendment to the City at the study session of May 14, 2001, and Ordinance the Buena Park ordinance will be on the agenda for the meeting of April 16, 2001. Council Member Monahan asked that the next Little League Parking meeting of the Newport -Mesa Unified School District Board address the parking problem for Costa Mesa Little League events, and supported police officers being assigned to Costa Mesa high schools. Conference and Mayor Pro Tem Dixon announced that on Wednesday, March 18, Visitors Bureau 2001, at the annual California Travel and Tourism Council, Award sponsored by the California Department of Tourism, the Costa Mesa Conference and Visitors Bureau was awarded the best cooperative marketing program award because they successfully promoted the City's theaters, restaurants, and retail businesses. Senior Center She stated that the Costa Mesa Senior Center received a Campaign $10,000.00 gift from the Segerstrom Family Foundation towards their annual campaign which has a goal of $100,000.00. Redevelopment Mayor Cowan noted that she will be representing Council at the Conference Redevelopment Conference on April 4 and 5, 2001, and will provide information to the City's Agency regarding current law and statues. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Annexation 01-01 set for the public hearing to consider a resolution requesting the Local Agency Formation Commission to initiate proceedings for the annexation of the unincorporated territory within the Costa Mesa sphere of influence (Annexation No. 01-01) including adoption of the Negative Declaration. The Affidavit of Publication is on file in the City Clerk's office. Communications were received from City Manager Homer Bludau advising that the City of Newport Beach has filed an application with the Local Agency Formation Commission (LAFCO) for annexation of Bay Knolls, eastern Santa Ana Heights, and the Newport Coast/Newport Ridge territories; Joanne C. Johnston, 2216 Donnie Road, Newport Beach, reporting that an application was filed by the City of Newport Beach with LAFCO to annex the Bay Knolls area; Ronald S. and Jacqueline Stanzak, 2282 Redlands Drive, Newport Beach, opposing the annexation of the Bay Knolls territory to the City of Costa Mesa; Greater Bay Knolls Area Homeowners, 346 Vista Baya Circle, Costa Mesa, (dated March 7, 2001) recommending considerations that should be addressed to make annexation to Costa Mesa more attractive; Robert W. Birmingham, Greater Bay Knolls Area Homeowners, no address, containing comments and objections of many citizens who live within the boundaries of the proposed island annexation areas; John A. Buchanan and John F. Marder, members of the Bay Knolls Homeowners Steering Committee, no address, requesting Council to support Costa Mesa Resolution 97- 69 which supports their association's application to LAFCO to be annexed to the City of Newport Beach; Wolfgang Jurinek, 2385 Redlands Drive, Newport Beach, opposing annexation of the Bay Knolls area to the City of Costa Mesa; Milena W. and Malcolm F. Thompson, 1602 Indus Street, Santa Ana Heights, requesting that the west Santa Ana Heights area be removed from Costa Mesa's Sphere of Influence; Michael McDonough, 1562 Pegasus Street, Santa Ana Heights, opposing the City of Costa Mesa's annexation of the western portion of Santa Ana Heights; Rita Lorman, 1541 Indus Street, Santa Heights, opposing annexation to the City of Costa Mesa; Jeffrey D. Littell, . 1622 Orchard Drive, Santa Ana Heights, stating his preference to be annexed to the City of Newport Beach; Loren L. and Michelle D. Bovee-Olson, 21000 Kline Drive, Santa Ana Heights, opposing annexation to the City of Costa Mesa; Law offices of Jay R. Taylor, 1072 South East Bristol Street, Santa Ana Heights, which includes a proposed resolution which would exclude certain territory within western Santa Ana Heights from the City of Costa Mesa's application for annexation, and to support a petition dated, December 15, 1999, filed by the Western Santa Ana Heights Ad Hoc Committee with LAFCO; Cynthia Churchill, 2074 Churchill Court, Newport Beach, representing nine property owners on Tustin Avenue, Emerson, Street, and Churchill Court, opposed to annexation to the City of Costa Mesa; four letters from Frank and Lois Vining, 2074 Tustin Avenue, Newport Beach, opposing annexation to the City of Costa Mesa. The Development Services Director summarized the Agenda Report dated March 26, '2001. Dana Smith, Executive Director of LAFCO, 12 Civic Center Plaza, Room 235, Santa Ana, explained that unincorporated areas are unacceptable because they create and maintain inefficient service areas. She acknowledged the application on file from the City of Newport Beach, from Santa Ana Heights residents, and residents from the Emerson Street island. She pledged to consider fairly all points of view, all evidence, and all historical documentation. She stressed that only LAFCO determines spheres of influence, and that no action would lead to continued uncertainty. Ms. Smith reviewed the process to be taken, estimated that the hearing will be held in late summer, and responded to questions from Council. The Senior Planner reviewed the Agenda Report dated March 26, 2001, and responded to questions from Council. Council Member Monahan revealed his understanding that a public hearing is required if the City is to take action to move forward with an annexation request in certain areas, and if action is not to be taken, an area may be removed prior to the hearing. The City Attorney observed that his preference would be to allow public input prior to any action. Ek y. ,S`tr .. MOTION/To Remove A motion was made by Council Member Monahan, seconded by a Portion of Area No. Council Member Steel, to remove from the City's application to 2 from the Appli- LAFCO a portion of Area No. 2, east of Tustin Avenue. The cation Failed to Carry motion failed to carry 3-2, Council Members Cowan, Dixon, and Robinson voting no. Council Member Monahan explained that five or six of the properties in Area No. 2 have a Newport Beach address, use Newport Beach cable, vote in Newport Beach elections, are served by Newport Beach Police Department, etc. He did not believe that annexation is in the best interest of those residents nor the City. Council Member Steel agreed with Council Member Monahan. Mayor Cowan opposed the motion, stating that an application is going forward, a direction has been identified, and it is difficult from this position to pull individual areas out of the application. She supported forwarding the application to enable LAFCO to make a decision. MOTION/ To Remove A motion was made by Council Member Monahan, seconded by Bay Knolls from the Council Member Steel, to remove from the City's application to Application Failed to LAFCO the Bay Knolls area which has already been included in Carry Newport Beach's application. The motion failed to carry 3-2, Council Members Cowan, Dixon, and Robinson voting no. Council Member Monahan stated that this area has been discussed for many years, and thought that the City had indicated to Bay Knolls residents that annexation would not be pursued. Council Member Robinson opposed the motion, commenting that since she had not been privy to the discussions regarding Bay Knolls, nor had she attended any meetings on the subject, she would like to hear public comment prior to making a decision. MOTION/ To Remove A motion was made by Council Member Monahan, seconded by a Portion of the Santa Council Member Steel, to remove from the City's application to Ana Heights Area LAFCO the west Santa Ana Heights area, north of Mesa Drive and from the Application east of Santa Ana Avenue. The motion failed to carry 3-2, Council Failed to Carry Members Cowan, Dixon, and Robinson voting no. Council Member Monahan stated his position that the City should not annex an area this large since it is clear that if a protest vote were taken, the chance of overriding it would be slim. He believed that there would be 90 percent or more who would vote against the annexation, and the City would waste time and money. In response to a question from Mayor Pro Tem Dixon, the Senior Planner reported that the City of Newport Beach has applied for the annexation of Bay Knolls and east Santa Ana Heights, not the area being discussed. The following persons opposed the annexation, asking to be released from Costa Mesa's sphere of influence: Paul Bunney, Post Office Box 11024, Costa Mesa, opposed incorporating these areas into the City if the citizens object, suggesting that the Santa Ana Country Club be annexed; Brent Courier, 2072 Churchill Court, Newport Beach, suggested that the dividing line should be Emerson Street; Cynthia Churchill, 2074 Churchill Court, Newport Beach; Joanne Johnston, 2216 Donnie Road, Newport Beach; John Marder, 2246 Donnie Road, Newport Beach; Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights; the resident at 1551 Pegasus Street, Santa Ana Heights, urged Council to reconsider; Jay Taylor 1631 Pegasus Street, Santa Ana Heights, submitted a letter with a proposed resolution, and asked that Santa RECESS Ana Heights be removed from the application; John Buchanan, 2215 Donnie Road, Newport Beach, reported that over $50,000.00 has been expended by the residents regarding this annexation; Marcella Niewiarowski, 20102 Kline Drive, Santa Ana Heights, criticized Council for not attending meetings held by the residents; Calvin McLaughlin, 2616 Redlands Drive, Costa Mesa; Shari Williamson, 1501 Pegasus Street, Santa Ana Heights; Jeff Friedman, 350 Vista Baya, Newport Beach, referred to a letter he received from the Mayor of Newport Beach regarding the annexation; and Barbara Yates, 2078 Tustin Avenue, Newport Beach. Robert Graham, 3260 Dakota Avenue, Costa Mesa; Leslie Marler, 327 East 21St Street, Costa Mesa, supported the annexation. The Mayor declared a recess at 8:40 p.m., and reconvened the meeting at 8:50 p.m. After recess, the following persons spoke in opposition to the annexation: Patrick Munoz, 611 Anton Boulevard, Suite 1400, Costa Mesa, representing the ,Santa Ana Country Club; Robert Hanley, 1601 Indus Street, Santa Ana Heights; Judy Walker, 1571 Indus Street, Santa Ana Heights; the resident at 1701 Orchard Drive, Santa Ana Heights; the resident at 315 Colleen Place, Costa Mesa, noting his objection to the manner in which infrastructure has grown in east side Costa Mesa, and providing photos to Council; John Eaton', 375 Vista Baya, Newport Beach; Rita Lorman, 1641 Indus Street, Santa Ana Heights; Randy Wood, 375 Newport Glen Court, Newport Beach, representing the 11 residents on Newport Glen Court; the resident at 311 Colleen Place, Costa Mesa; Willy Reese, 354 Vista Baya, Newport Beach; Rob Masters, 20182 Kline Drive, Santa Ana Heights; a resident of Santa Ana Heights, neighbor of 'the previous speaker; and Michael Salas, 2310 Fairhill Drive, Newport Beach. Speaking in support of the annexation were Eleanor Egan, 1893 Parkview Circle, Costa Mesa, who opined that the land belongs in Costa Mesa, and the residents ,are free to move; and Tom Egan, 1893 Parkview Circle, Costa Mesa. Chin McLaughlin, 2616 Redlands, Drive, Costa Mesa, objected to the manner in which Council spoke to members of the public. Paul Flanagan 3090 Bali Circle, Costa Mesa, chastised the speakers on this issue who belittled Council for their efforts. Kenneth Lindberg, 385 Mira Loma Place, Costa Mesa, asked for clarification regarding the annexation. Mayor Cowan clarified that there is a state-wide effort to eliminate counties being required to provide municipal services. Mitch Berry, 227 Magnolia Street, Costa Mesa, supported the speakers opposed to annexation, but as a Costa Mesa citizen expressed concern about having these hostile people become citizens of Costa Mesa. Bob Wilson, 3435 Plumeria Place, Costa Mesa, former Mayor and 52 -year resident, provided a background of Costa Mesa, and addressed the annexation area. There being no other speakers, the Mayor closed the public hearing. 1 1 1 Dana Smith, Executive Director of LAFCO, responded to questions from Council, stating that she felt that the City of Newport Beach had asked the citizens to conduct a study as a stall mechanism. Pam Dobson, 387 Vista Baya, Newport Beach, addressed the amount of time and money involved to bring this issue to closure, stating that the actual figure could be well over $100,000.00. of the City of Newport Beach. MOTION/Approved A motion was made by Council Member Monahan, seconded by Removal of Bay Mayor Cowan, and carried 4-1, Mayor Pro Tem Dixon voting no, to Knolls from LAFCO approve removal of Bay Knolls from the City's application to Application LAFCO. Council Member Monahan indicated this is the area included in Newport Beach's annexation application, and felt that the residents involved in this annexation are looking to the City of Costa Mesa for leadership. MOTION/To Approve A motion was made by Council Member Monahan, seconded by Removal of West Council Member Steel, to approve removal of west Santa Ana Santa Ana Heights Heights, north of Mesa Drive and east of Santa Ana Avenue, from from LAFCO Appli- the City's application to LAFCO. The motion failed to carry 3-2, cation Failed to Council Members Cowan, Dixon, and Robinson voting no. Carry MOTION/Adopted A motion was made by Mayor Cowan, seconded by Council Resolution 01-22 Member Robinson, and carried 5-0, to adopt Resolution 01-22, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE ANNEXATION OF THE UNINCORPORATED TERRITORY WITHIN THE COSTA MESA SPHERE OF INFLUENCE (ANNEXATION NO. 01-01) WITH ADOPTION OF A NEGATIVE DECLARATION, as modified above; directing staff to continue working with residents on issues identified on the public comments matrix. Council Member Monahan observed that the land belongs to the persons who own the property, even though government requires the land to be considered under the sphere of influence of one city or another. He commented that he had not been a part of the agreement to allow Mr. Wilson to speak for a longer period of time. He clarified with Ms. Smith that LAFCO would bear the expense of protest proceedings, and complimented Dana Smith, the Senior Planner, and consultant Sharon Browning for their efforts in this matter. Regarding Mr. Wilson's speech, Mayor Pro Tem Dixon informed Council Member Monahan that the decision to allow longer than three minutes had been decided at the Council study session prior to the meeting. Council Member Robinson indicated for the record that she had supported Mr. Wilson's being granted extended time because of his tremendous contributions to the community, the amount of history he added to the issue, and stated that he is very deserving of respect and additional time. MOTION/Approved A motion was made by Council Member Monahan, seconded by Removal of a Portion Council Member Steel, and carried 4-1, Mayor Cowan voting no, to of Area No. 2 from approve removal of that portion of Area No. 2 east of Tustin LAFCO Application Avenue from the City's application to LAFCO, allowing them to go forward with their action to be placed under the sphere of influence of the City of Newport Beach. MOTION/Approved A motion was made by Council Member Monahan, seconded by Removal of Bay Mayor Cowan, and carried 4-1, Mayor Pro Tem Dixon voting no, to Knolls from LAFCO approve removal of Bay Knolls from the City's application to Application LAFCO. Council Member Monahan indicated this is the area included in Newport Beach's annexation application, and felt that the residents involved in this annexation are looking to the City of Costa Mesa for leadership. MOTION/To Approve A motion was made by Council Member Monahan, seconded by Removal of West Council Member Steel, to approve removal of west Santa Ana Santa Ana Heights Heights, north of Mesa Drive and east of Santa Ana Avenue, from from LAFCO Appli- the City's application to LAFCO. The motion failed to carry 3-2, cation Failed to Council Members Cowan, Dixon, and Robinson voting no. Carry MOTION/Adopted A motion was made by Mayor Cowan, seconded by Council Resolution 01-22 Member Robinson, and carried 5-0, to adopt Resolution 01-22, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE ANNEXATION OF THE UNINCORPORATED TERRITORY WITHIN THE COSTA MESA SPHERE OF INFLUENCE (ANNEXATION NO. 01-01) WITH ADOPTION OF A NEGATIVE DECLARATION, as modified above; directing staff to continue working with residents on issues identified on the public comments matrix. RECESS The Mayor declared a recess at 10:05 p.m., and reconvened the meeting at 10:15 p.m. ' OLD BUSINESS The Deputy City Clerk presented from the meeting of March 19, EI Camino Property 2001, second reading and adoption of Ordinance 01-14, rezoning the 2.5 -acre EI Camino Center property from C1 to R2 -MD. MOTION/Adopted On motion by Council Member, Robinson, seconded by Council Ordinance 01-14 Member Steel, and carried 5-0, Ordinance 01-14 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REZONING THE 2.5 -ACRE EL CAMINO CENTER PROPERTY FROM C170 R2 - MD BY ADOPTION OF REZONE PETITION R-00-04. OLD BUSINESS The Deputy City Clerk presented an agreement with Culbertson Canyon Park Trees Adams and Associates, 85 Argonaut, Suite 220, Aliso Viejo, for $37,000.00, to negotiate a permit with the California Coastal Commission to allow trimming and/or removal of trees in Canyon Park; and Budget Adjustment: No. 01-90 for $37,000.00. A communication was received from Mr. and Mrs. D. V. Nicholson, 2063 Republic Avenue, Costa Mesa, objecting to spending $37,000.00, or any amount, to hire a consultant in connection with tree trimming in Canyon Park. The Public Services Director reviewed the Agenda Report dated March 21, 2001, and responded to questions from Council. Tom Egan, 1893 Parkview Circle, Costa Mesa, asked if there is a penalty for failing to obtain permission to cut the trees in Canyon Park. The Public Services Director replied that there is no penalty for trimming or cutting down a tree which is deemed to be a hazard to the public health or safety. He was unsure as to the penalty for trimming or removing -healthy trees. Mr. Egan commented that, from his own experience, eucalyptus trees are dangerous trees. Mark Mcllroy, 2039 Republic Avenue, Costa Mesa, asked that residents be notified , in a timely manner of proposed Council actions. He expressed concern: regarding the cost of the contract but supported trimming some trees and removing others. Jim Keller, 2033 Republic Avenue, Costa Mesa, asked if any of the trees in Canyon Park had been trimmed. The Public Services Director replied that several weeks ago, eight or nine trees had been trimmed according to the Growth Management Plan. He reported that the Coastal Commission staff has indicated that a permit is needed to trim the trees, and expressed a desire to work within their guidelines. so this does not become an issue for the City in the future. Mayor Cowan stated that the Growth Management Plan is solid, and asked that suggestions from Mr. Keller be incorporated into the plan. MOTION/Approved A motion was made by Mayor Cowan, seconded by Council Growth Management Member Steel, and carried 5-0, to implement the Growth Plan Management Plan, to continue the trimming currently in progress within the guidelines of the Growth Management Plan, and not seek a Coastal Commission permit at this time. The Public Services Director stated that, at staff level, the trimming of trees. should occur without creating an impact. Mayor Pro Tem Dixon indicated that she would like to be notified when the trimmings would take place. r, 1 1 NEW BUSINESS The Deputy City Clerk presented from the meeting of March 19, 2001-02 Community 2001, Community Objectives for fiscal year 2001-02. The Director Objectives of Finance summarized the Agenda Report dated March 26, 2001. Mayor Pro Tem Dixon addressed the anti -litter campaign objective, asking if trash containers will be installed up and down the streets where this program is implemented, and would like a container program to be included as part of the objective. She asked to be notified when pickups would take place to ensure that the trash containers are emptied. She asked about outreach in the schools regarding the anti -litter campaign so that the youth are educated about litter and the importance of picking it up. Mayor Cowan asked that an anti -graffiti element be added to the anti -litter campaign. Mayor Pro Tem Dixon referring to the "Adopt a Park" clean-up program objective, asked why the start date is December 1, 2001, and the completion date is June 30, 2002. She indicated that she would like to make certain that the park bench program is ongoing, and that ways to get the message to the community are determined. She asked that sites in the City be chosen where benches may be placed, and suggested that advertising be placed in the Recreation pamphlet. Mayor Pro Tem Dixon stated that the Technology Infrastructure Task Force start date, listed as Spring, 2002, should be Spring, 2001. She requested that the committee be formed and the research completed with other cities who have implemented similar programs. MOTION/Approved On motion by Mayor Cowan, seconded by Council Member Objectives Monahan, and carried 5-0, the Community Objectives were approved. ADJOURNMENT The Mayor declared the meeting adjourned at 10:45 p.m. Mayor of the City of Costa Mesa ATTEST: jg&4��Z T Deputy City Cl k of the City of Costa Mesa