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HomeMy WebLinkAbout05/07/2001 - City CouncilLJ 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MAY 7, 2001 The City Council of the City of Costa Mesa, California, met in regular session May 7, 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 Council Member Robinson, and invocation by the Reverend Joseph Robillard, St. Joachim Catholic 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 Finance Director Marc Puckett Associate Planner David Brantley Police Chief Dave Snowden Police Captain Tom Warnack Police Lieutenant Tom Curtis Police Sergeant Clay Epperson Police Sergeant Bob Phillips Transportation Services Manager Peter Naghavi Deputy City Attorney Heather Iker Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Monahan, seconded by Mayor Pro April 16, 2001 Tem Dixon, and carried 5-0, the minutes of the regular meeting of April 16, 2001, were approved as distributed. ORDINANCES AND A motion was made by Council Member Monahan, seconded by RESOLUTIONS Mayor Pro Tem Dixon, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Cowan read a proclamation declaring May, 2001, as Special Special Olympics Olympics Month in the City, and June 5, 2001, as Special Olympics Month Proclamation Day, and commending the Orange County Special. Olympics as it continues to brighten the world for thousands of deserving individuals. She presented the document to Jennie Skinner. PRESENTATION Council Member Robinson commended Carol Orswell, a member Community Quilt of the City's Human Relations Committee, for her assistance in Project completing the most recent panel of the Costa Mesa Community Quilt. PUBLIC COMMENT Doug Sutton, 2739 Canary Drive, Costa Mesa, suggested that Sutton Comments illegal aliens, approximately one-third of Costa Mesa's population, U should not be blamed- for problems which exist within the City. He commented on the Home Ranch project, and mentioned the revenue which would be generated by the IKEA store. West Side Bluff Janice Davidson, 1982 Arnold Avenue, Costa Mesa, chairwoman Area Rezone; Vending of Citizens for the Improvement of Costa Mesa, reported that at a Trucks recent CICM meeting, residents supported the immediate rezone of the bluff area on the City's west side from industrial to single- family residential. She complained that produce (vending) trucks, originating in Los Angeles and Santa Ana, clutter Costa Mesa neighborhoods causing pollution and overcrowding. She advised that the trucks are not subject to, health and safety standards. Seismic Retrofit Robert Graham, 3260 Dakota Avenue, Costa Mesa, expressed his appreciation of the artwork displayed to enhance the appearance of the Council Chambers during the City's seismic retrofit Fairview Park construction. He addressed a photograph of a South County park in a flyer he recently received depicting two persons on rollerblades, noting that a similar area does not exist in Fairview Park. He encouraged Council to reconsider installing paved trails for the park. Millard Comments Martin Millard, 2973 Harbor Boulevard, Costa Mesa, reported that continuing gang problems exist in Mesa North, initiating in the Fillmore and Mendoza slums. He objected to the produce trucks in his neighborhood, abandoned shopping carts, graffiti, trash on the sidewalks and in the parkway across from Paularino. School, and the gangs. He urged the City to correct these situations. He asked that rezone of the bluff area on the west side of Costa Mesa be placed on a Council agenda. Mayor Cowan replied that the rezone item will be included in the Reading Folder on the May 21, 2001, agenda. Street Sweeping Christopher Ganiere, 2822 La Salle Avenue, Costa Mesa, Parking Prohibition addressed the implementation of a street sweeping parking prohibition, stating that such limitations are a nuisance to both residents and their visitors. He, suggested that monies to be used for implementation of the program be redirected to other important areas of the City which require improvement. Jeff Chapman, 2264 Pomona Avenue, Apt. C, Costa Mesa, opposed the new street sweeping pilot program, and suggested that parking tickets be issued on one side of the street on one day, and the other side on an alternate day. The Public Services Director confirmed that this issue is tentatively scheduled for the meeting of May 21, 2001. Youth Achievers Henry S. Panian, 436 Swarthmore Lane, Costa Mesa, thanked Open House Mayor Cowan and Mayor -Pro Tem Dixon for their attendance at the Youth Achievers Open House the previous week. He reported that the group offers tutorial services for seventh and eighth grade students from Costa. Mesa High School, and the program is intended to improve their opportunities. Mr. Panian encouraged Council to become more, involved with this age group, and suggested that Council initiate:a dialogue. He provided a letter from concerned citizens to the City Manager. City Website Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, member of the Child Care and Youth Services Committee, proposed updating the committee's portion of the City's website (www.ci.costa-mesa.ca.us) in order to be more responsive to users. He asked that Council agenda reports be posted on the website. Mayor Cowan indicated that this addition was part of the new agenda system, and asked the City Manager to provide a report at the meeting of May 21, 2001. She mentioned that staff will be providing a proposal regarding committees who may participate in building a website. Elmore Comments Don Elmore, 2209 Wallace Avenue, Costa Mesa, thanked the City for addressing the previously reported problem with his driveway. He believed that the City should issue more citations for street sweeping parking violations because of citizen complaints regarding dirty streets. He proposed either banning produce trucks, or contacting the owners to ensure that City codes are not violated. Mr. Elmore supported the rezone on the west side of Costa Mesa. Handicap Access/ Campbell Davidson, 1982 Arnold Avenue, Costa Mesa, reported Trash Problem that handicap curbs have been installed on Meyer Place, and revealed a -severe trash problem, which has existed for several weeks, in the 2000 block of the same street. Mayor Cowan asked the Development Services Director to direct Code Enforcement to investigate this situation. Bunney Comments Paul Bunney, Post Office Box 11024, Costa Mesa, confirmed that trash is overwhelming in the 2000 block of Meyer Place, and supported adding agenda reports to the website. He proposed using the website to the greatest advantage by adding as much information as possible. Trash Problems Hilldegard Gonzalez, 1932 Pomona Avenue, Costa Mesa, commented on the trash in an alley between Pomona Avenue and Meyer Place, near the Department of Motor Vehicles. She felt that this City alley should be cleaned on a weekly basis. Referring to the property maintenance ordinance, she indicated that trash and shopping cart problems still exist, and complained about produce trucks. Mayor Cowan asked the Public Services Director to investigate this trash issue. TeWinkle School Daniel Boren, 1626-A Iowa Street, Costa Mesa, member of Mesa Planting Verde Villas Homeowners Association, commended Council for its efforts to clean the City. He mentioned that no planting has occurred at TeWinkle School, and asked that this be pursued. Mayor Cowan asked the City Manager to follow up on this project. Skateboard Park Jim Gray, 215 Knox Street, Apt. B, Costa Mesa, representing the skateboarders of Costa Mesa, asked about the status of the City's skateboard park. Mayor Cowan replied that a portable park will be in the place in May, 2001, and will travel throughout the City. She asked Mr. Gray to address his concerns in a letter, and to request that location of a park be placed on an agenda. Tom Egan, 1893 Parkview Circle, Costa Mesa, confirmed that the portable skateboard park will be introduced on Saturday, May 19, 2001, at Fairview Park, and will contain five or six ramps. East Side Downzone Robin Leffler, 3025 Samoa Place, Costa Mesa, asked about downzoning target areas on the east side of Costa Mesa from R2 to R1, and supported preservation of the shrinking R1 east side neighborhoods. She asked that the public hearing on this agenda for R1 and small -lot development be considered separately. !r y Larry Peltier, 2457 Santa Ana Avenue, Costa Mesa, expressed a difference of opinion from Mrs. Leffler, -pointing out a drastic need for housing in Costa Mesa. He, stated that the economic effect of downzoning is tremendous, and; suggested that Council investigate alternative methods of planning to achieve a good quality, higher density. Computer Recycling Michael Boyd, 1800 East Garry; Avenue, Santa Ana, representing Inner Vision Youth, reported on the group's computer recycling programs throughout Costa Mesa, and suggested that the City institute a program which would also assist with meeting the AB 939 waste reduction requirements. Mayor Cowan suggested that Mr. Boyd either forward a letter or contact the Council office to make an appointment. Canvas Carport Bruce Jones, 355 East 19th Street, Costa Mesa, purchased a canvas carport for his third car, reporting that he has been ticketed by the City's Code Enforcement Officers who complained that the carport is in public view. Mayor :Cowan referred this situation to the Development Services Director. ANNOUNCEMENT Mayor Cowan announced that Council action will not be taken on the following items as they will be noticed as public hearings for the meeting of May 21, 2001: Old Business Item No. 3, Resolution approving the Mitigated Negative Declaration for East 17th Street Improvements; and Old Business Item No. 4, Comprehensive Analysis of Improvement Options for East 17th Street, Newport Boulevard, and East Side Costa; Mesa. Mayor Pro Tem Dixon announced that she would remove New Business Item No. 4, Ordinance amending the Costa Mesa Municipal Code provisions relating to historic preservation, and that it would not be heard at this meeting. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 8, Completion of Parkway Concrete Repair and New Sidewalk, Project No. 00-10; and Item_ No. 18, Ninth annual review of the 1990 General Plan. MOTION/Approved On motion by Council Member Monahan, seconded by Mayor Pro Except Item Nos. 8 Tem Dixon, and carried 5-0, the -remaining Consent Calendar items and 18 were approved as recommended. WRITTEN COMMUNI- - Resolution 01-25 was adopted: A RESOLUTION OF THE CITY CATIONS/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 01-25, AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE Authorizing Finance DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO Records Destruction ORDINANCE NO. 75-60. Adopted Resolution Resolution 01-26 was adopted: A RESOLUTION OF THE CITY 01-26, Authorizing COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Police Records AUTHORIZING RECORDS DESTRUCTION FOR THE POLICE Destruction DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Glenn Brooks; Jeremy Burns; Gueno Development Co.; Ruth Holewka; and Omar Jaber. Alcoholic Beverage Alcoholic Beverage Control (ABC) License request from Koo License Koo Roo, 212 East 17th Street, for an original Type 41 ABC license (on -sale beer and wine for a bona fide eating place). WARRANTS. The following warrants were approved: Approved Warrant Warrant Resolution 1845, funding Payroll 108 for 1845/Payroll 108 $1,687,086.50, and City operating expenses for $806,048.27, including payroll deductions. Approved Warrant Warrant Resolution 1846, funding City operating expenses for 1846 $904,638.04. Approved Warrant Warrant Resolution 1847, funding Payroll 109 for 1847/Payroll 109 $1,672,306.52, and City operating expenses for $734,616.09, including payroll deductions. ADMINISTRATIVE Renewal was approved for the contract with Mike Linares, Inc., ACTIONS/Approved Post Office Box 3913, San Clemente, in an amount not to exceed Renewal of Linares $74,000.00, for Community Development Block Grant Contract for CDBG/ (CDBG)/HOME contract staff services; and the City Manager was HOME Services authorized to enter into the contract on behalf of the City. Accepted Work for Replacement of an H.V.A.C. Unit at the Neighborhood Community Replacement of Center, 1845 Park Avenue, Project No. 00-16, was completed to H.V.A.C. Unit at the satisfaction of the Public Services Director on March 30, 2001, NCC, Project No. by Bon Air, Inc., 1525 South Sepulveda Boulevard, Suite G, Los 00-16, by Bon Air, Angeles. The work was accepted; the Deputy City Clerk was Inc. authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Accepted Work for Installation of durable monuments at exterior and interior parcel Installation of Durable corners at 2527-2535 Orange Avenue was completed to the Monuments at 2527- satisfaction of the Public Services Director by Mekambe 2535 Orange Avenue, Development Group, LLC, 17775 Main Street, Suite B, Irvine, in by Mekambe connection with Tract 15880. The work was accepted, and the bond was ordered exonerated. Accepted Work for Street improvements at 1654 Santa Ana Avenue were completed Street Improvements to the satisfaction of the Public Services Director by Preferred at 1654 Santa Ana Paving Company, Inc., 2850 East La Cresta Avenue, Anaheim, in by Preferred Paving, connection with Encroachment Permit No. PS00-00083. The work EP No. PS00-00083 was accepted, and the bonds were ordered exonerated. Accepted Work for Street improvements at 2080 Newport Boulevard were completed Street Improvements to the satisfaction of the Public Services Director by AHMS at 2080 Newport Properties, a California Limited Partnership, 234 East 17 h Street, by AHMS Properties, Suite 103, Costa Mesa, in connection with Encroachment Permit EP No, PS00-00174 No. PS00-00174. The work was accepted, and the bonds were ordered exonerated. Accepted Work for Street improvements at 2527-2535 Orange Avenue were Street Improvements completed to the satisfaction of the Public Services Director by at 2527-2535 Orange Southern Sun Construction Company, 17775 Main Street, Suite B, by Southern Sun, EP Irvine, in connection with Encroachment Permit Nos. PS00-00344 Nos. PS00-00344/ and PS00-00608 (Tract 15880). The work was accepted, and the 00608, Tract 15880 bonds were ordered exonerated. Accepted Work for Street improvements at 1741 Whittier Avenue were completed to Street Improvements the satisfaction of the Public Services Director by Nexus at 1741 Whittier by Development Corporation, 3 Imperial Promenade, Suite 410, Nexus, EP No. PS99- Santa Ana, in connection with; Encroachment Permit No. PS99- 00714 (ZA-99-11) 00714 (ZA-99-11). The work was accepted, and the bonds were ordered exonerated. Authorized to Nego- Staff was authorized to negotiate a contract with a qualified roofing tiate Contract to Re- contractor for a total, amount not to exceed $24,000.00, in roof Communications connection with Reroof of the Communications Facility Shop Area Shop Area and and Canopy at 79 Fair Drive,' Project No. 01-03, and the City Canopy Manager was authorized to execute the agreement on behalf of the City. Adopted Resolution Resolution 01-27 was adopted: A RESOLUTION OF THE CITY 01-27, Revising Pay COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ranges for Police REVISING THE PAY RANGES FOR JOB CLASSIFICATIONS Positions REPRESENTED BY THE COSTA MESA CITY EMPLOYEES ASSOCIATION, correcting salary ranges for Police Records Technician, Senior Police Records Technician, and Police Records Shift Supervisor. Adopted Resolution Resolution 01-28 was adopted:, A RESOLUTION OF THE CITY 01-28, Establishing COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Executive Compensa- ESTABLISHING THE' EXECUTIVE COMPENSATION PLAN AND tion for Senior Deputy REVISING THE EXECUTIVE SALARY SCHEDULE. TO REFLECT City Attorney CHANGES IN THE LABOR MARKETPLACE, adding the new management classification of Senior Deputy City Attorney; and Budget Adjustment No. 01-103 was approved for $30,930.00. Completion of Park- Item 8 on the Consent Calendar was presented: Completion of way Concrete Repair Parkway Concrete Repair and New Sidewalk, Project No. 00-10, and New Sidewalk by S. Parker Engineering, Inc., 10059 Whippoorwill Avenue, Construction, Project Fountain Valley. The Public Services Director indicated that he No, 00-10 would like to continue this item; in order to include information on the locations of the completed work. On motion by Council Member Monahan, seconded by Council Member Robinson, and MOTION/Continued carried 5-0, this item was continued to the meeting of May 21, to May 21, 2001 2001. Annual Review of the, Item No. 18 on the, Consent Calendar was presented: Ninth 1990 General Plan annual review of the, 1990 General Plan. Robert Graham, 3260 Dakota Avenue, Costa Mesa, indicated that he is unaware of the nature of this item. The Development Services Director replied that the General Plan laws of ;the State of California require an annual review to be conducted which includes a status of all MOTION/Received activities to date. On motion by Council Member Monahan, and Filed seconded by Mayor Cowan, and carried 5-0, the report was received and filed. COUNCIL Council Member Robinson reported that the Neighbors-for- COMMENTS/Neigh- Neighbors cleanup on Saturday, April 28, 2001, at Canyon Park bors-for-Neighbors had been a success. She acknowledged all who participated in the event, especially the crew who iworked on the house near Wilson Street. She reported that on ; Saturday, May 5, 2001, she had Pearl Harbor presented a proclamation to the Pearl Harbor Survivors Survivors Association declaring the first week of May as Pearl Harbor Remembrance Week. She announced that the final Mesa Verde Mesa Verde Town Town Hall Meeting will be held' on Tuesday, May 8, 2001, at the Hall Meeting Neighborhood Community Center, 1845 Park Avenue, 7:00 p.m. to 9:00 p.m., featuring Mayor Cowan, Council Member Monahan, and a> ` r the Development Services Director. Council Member Robinson Computer Recycling commented on the computer recycling program mentioned during Program public comments, reporting that she had attended the fund raiser, and noting her astonishment at the number of persons who had donated computers to the cause. She indicated that another event will be held on May 10, 2001, at Triangle Square, and encouraged the donation of old computers. Skateboard Park Council Member Steel addressed the skateboard park situation, stating that Council Members Monahan and Dixon have been meeting with the Orange County Fairgrounds Board in an effort to determine a location, and again noted his interest in placing one on the Home Ranch site, along with an ice skating rink. He reiterated his direction to staff to contact the City of Newport Beach. He Monrovia Avenue asked the Public Services Director about the status of resurfacing Resurfacing Monrovia Avenue between 18th and 19th Streets. The Public Services Director replied that he would provide that information as Marie Maples soon as possible. Council Member Steel commented on the passing of Costa Mesa resident Marie Maples. He expressed his Fish Fry desire to find a temporary location for the Fish Fry, again suggesting the Home Ranch property, the Orange County John Wayne Airport Fairgrounds, or Fairview Park. He reported on his recent trip to Expansion Washington D.C. as the City's representative to the Orange County Regional Airport Authority (OCRAA), for discussions regarding limiting the expansion of John Wayne Airport and providing an alternative at EI Toro Marine Corps Air Station. West Side Rezone Council Member Monahan thanked Council Member Steel for attending the conference in Washington D.C: He announced that a request has been received for a Circle of Service Award for Marie Maples. He asked the City Manager about a previous statement which indicated that rezone of the bluff area of Costa Mesa would be on the Reading Folder portion of the agenda for the meeting of May 21, 2001. The City Manager responded that the Reading Folder contains correspondence which relates to City Council matters, making the information available should a Council Member choose to place the item on a future agenda. Tanager Drive Bicycle Mayor Pro Tem Dixon reported that she had watched the recent Trail Parks, Recreation Facilities and Parkways Commission meeting, and commented on the Tanager Drive homeowners who expressed concern regarding the bicycle trail behind their homes. She indicated that she was concerned about the residents on West Side Improve- Joann Street, and asked staff to explore the possibility of deleting ment the bicycle trail behind the homes on that street, and to determine an alternate route. Mayor Pro Tem Dixon thanked Hilldegard Gonzalez for her comment regarding improvement in her west side neighborhood. In reference to the skateboard park, she asked Skateboard Park staff to investigate a vacant lot on the west side of Newport Boulevard. Marie Maples Mayor Cowan expressed her sorrow at the passing of Marie Maples, stating that her sense of humor and hard work will be Fish Fry missed. .She asked staff to reserve Lions Park next year for the traditional weekend for the Fish Fry, directing staff to initiate discussions with the Lions Club so that any issues can be resolved by early 2002. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Residential Deve- from the meeting of February 20, 2001, to consider an ordinance lopment Standards amending the regulations contained in Title 13 of the Costa Mesa Municipal Code relating to residential development standards and parking requirements; :and a resolution adopting residential design guidelines and revised wall, fence, and landscape standards. Environmental Determination: Exempt. Communications were received from Mesa Verde residents on the island and state streets, and west side residents on Republic Avenue, Linden Place, and Oak Street, raising their objections to proposed revisions to the residential standards and permit procedures for R1, R2, and R3 properties; and Mesa Verde residents on the island and state streets, residents on Republic Avenue and Linden Place, and east side R2 property owners, opposing restrictions on fence height in the front yard setback area. The Associate Planner reviewed the Agenda Report dated April 30, 2001, and he and the Development Services Director responded to questions from Council. RECESS The Mayor declared 'a recess at 8:50 p.m. and reconvened the meeting at 9:00 p.m. The following Costa Mesa residents addressed the proposed residential development standards and parking requirements: Robert Graham, 3260: Dakota Avenue; the resident at 269 Abbie Way; the resident at 315 Colleen Place, addressed the density issue; the resident at 2460 Orange Avenue; James J. Barney, 419 East 17th Street, Suite 203, opposed changes to the development standards, stated that, single-family residential development on R1 lots should not be subjected to design review, and supported a parking study prior to increasing parking requirements; David Hohmann, 1807 Gisler Avenue; ;Bill Carsten, 3129 Pierce Avenue, supported retaining the current fence setback; Jim Gray, 215 Knox Street, Apt. B; Christopher Koch, 3257 Iowa Street, provided a letter to the Deputy City Clerk regarding the fence/wall issue and the subject development guidelines; the resident at 3116 Lincoln Avenue; Ian Linton, 181-H Del Mar Avenue, addressed increased parking requirements, versus open space requirements; Robin Leffler, 3025 Samoa Place, supported the changes as being a "step in the right direction" but indicated that portions need more definition; Cindy Brenneman, 1856 Elba Circle, supported the design review process; Kerry Smith, 302 Turtle Bay Lane, asked that prior to final adoption, staff be directed to study the projects built in the last eight years as to whether they meet parking needs, and to commission an architect to draw the end result of the proposals; Paul Bunney, Post Office Box 11024; and Paul Flanagan, 3090 Bali Circle. There being no other speakers, the Mayor closed the public hearing. MOTION/Approved A motion was made by Council Member Monahan, seconded by R-1 Zone Parking Mayor Cowan, to delete the proposed requirement for 5 plus Requirements bedrooms in an R-1 zone requiring a 3 -car garage (one garage space may be a tandem space) ;and 2 open spaces on a driveway 19 feet in length (minimum), retaining the proposed requirement of a 2 -car garage and 2 open spaces on a driveway 19 feet in length (minimum) (Page 3 of the Residential Development Standards Revision, Community Forum Presentation), with the understanding that there is a potential alternative location mentioned by the Zoning Administrator, and a variance is possible if needed. The motion carried 4-1, Mayor Pro Tem Dixon voting no. Motion to Remove A motion was made by Council Member Monahan, seconded by Prohibition on Chain Council Member Steel, to remove the prohibition for chain link Link Fencing Failed fencing in any R-1 area visible from a public street (refer to Page 4 to Carry of the Community Forum booklet). The motion failed to carry 4-1, Council Members Cowan, Dixon,' Robinson, and Steel, voting no. Mayor Cowan opposed the motion, commenting that chain link fencing is not aesthetically pleasing. Mayor Pro Tem Dixon opposed the motion, indicating .that removing chain link fences from front yards is a step in the right direction. Motion to Approve A motion was made by Council Member Monahan, seconded by Retention of R1 Council Member Steel, to approve retention of the R1 zone Zone Fence/Wall permitted fence/wall height requirement with the following change: Height Failed to "Fences/walls located within (10 -foot) required front yard setback Carry from a public street shall not exceed 42 inches in height" (Page 4Y. The motion failed to carry 3-2, Council Members Cowan, Dixon, and Robinson voting no. MOTION/Approved A motion was made by Mayor Cowan, seconded by Council Fence/Wall Permitted Member Monahan, and carried 5-0, to approve retention of the Height fence/wall height requirement, changing the front yard setback from a public street to 36 inches maximum in height (Page 4). MOTION/Approved A motion was made by Council Member Monahan, seconded by Fence/Wall Require- Mayor Cowan, and carried 5-0, to approve retaining the current ment requirement as follows: "Walls/fences not located within 10 feet of front property line: 6 feet maximum height" (Page 4). MOTION/Deleted A motion was made by Council Member Monahan, seconded by Requirement for Mayor Cowan, to delete the five plus bedroom requirement for Small -Lot Project small -lot projects (R-2, R-3, and Planned Development Zones) for a three -car garage (one garage space may be a tandem space) and two open spaces (Page 7). The motion carried 3-2, Council Members Dixon and Robinson voting no. MOTION/Approved A motion was made by Council Member Monahan, seconded by Fence/Wall Require- Mayor Cowan, and carried 5-0, to approve retention of the ment fence/wall height requirement, changing the front yard setback from a public street a maximum of 36 inches in height (Page 8). Council Member Monahan asked that when the ordinance returns for second reading that staff provide a definition for "awning". Mayor Cowan requested that staff provide at the same meeting the differential between a pitched versus a flat roof, specifically should a flat -roof home have the same height requirement, or maximum height limit, as a pitched -roof home. Mayor Pro Tem Dixon added that the speaker who had referred to this issue, David Hohmann, has indicated that the City of Newport Beach had standards for the above. Council Member Robinson expressed her desire to preserve the character of Costa Mesa. MOTION/Approved A motion was made by Council Member Robinson, seconded by Revised Lot Require- Mayor Pro Tem Dixon, to revise individual dwelling unit lot ments requirements for R2 -MD, R2 -HD, and R3 to 4,500 square -foot average with a 4,000 square -foot minimum; revise PDR -LD to 5,000 square -foot (minimum) with overall average of 5,500 square feet; and revise PDR -MD to 4,000 square -foot (minimum) with overall average of 4,500 square feet (Page 5). The motion carried 3-2, Council Members Cowan and Monahan voting no. Council. Member Monahan opposed the motion, stating that the requirements will limit building other than R1. He opined that should the standards be adopted, many lots on the west side will not be improved. He observed that property owners, builders, and families would lose flexibility. Mayor' Cowan opposed the motion, stating that the standards contained protection for setbacks and open space, and expressed concern regarding available housing for teachers, policemen, etc. She commented on the high quality of projects, a positive influence for the community. Mayor Pro Tem Dixon supported the motion, mentioning resident concern regarding parking and neighborhood standards. Council Member Steel supported the motion, stating that the community will be upgraded and attract more people. Council Member Robinson maintained that developers are making profits in Costa Mesa which indicates that there is a substantial value to the City's property. She thought that well-built projects will succeed at these square - foot levels, and the residents of Costa Mesa and the character of the City must be considered. MOTION/Gave A motion was made by Mayor Cowan, seconded by Mayor Pro Directions to Staff Tem Dixon, and carried 5-0, to strike references to any administrative adjustment or minor modification relating to building height (handwritten Pages 7 and 9 of the Agenda Report), and directing staff to prepare a report regarding the past history within the last five years regarding administrative adjustments and minor modifications. Mayor Cowan clarified that her Planning Commission, not staff, modifications to building height. intention is to -ensure that the determines the adjustments or MOTION/Gave On motion by Mayor Pro Tem Dixon, seconded by Council Member Ordinance 01-16 Steel, and carried 5-0, the following action was taken: First Reading; Adopted Resolution Ordinance 01-16 was given first reading: AN ORDINANCE OF 01-29 THE CITY COUNCIL OF. THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATING TO RESIDENTIAL DEVELOPMENT STANDARDS, including Council's modifications. Second reading and adoption are scheduled for the meeting of May 21, 2001. Resolution 01-29 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING RESIDENTIAL DESIGN GUIDELINES AND REVISED WALL, FENCE, AND LANDSCAPE STANDARDS, including Council's modifications. Mayor Cowan supported the motion, commenting that she disagreed with the changes to small lot developments but felt that community needs were met overall. She commended staff for their efforts. OLD BUSINESS The Deputy City Clerk presented a request from Isabel Hernandez, Request for Rehearing Country Club Convalescent Hospital, Inc., 20362 Santa Ana of Annexation Appli- Avenue, Santa Ana, for rehearing of the City Council's April 2, cation to LAFCO 2001, decision to include West Santa Ana Heights in Costa Mesa's Which Includes West annexation application to Local Agency Formation Commission Santa Ana Heights (LAFCO). The Development Services Director reviewed the Agenda Report dated April 20, 2001. Mr. Taylor, no first name nor address given, reported that in 1974, the City of Newport Beach had ;filed an application to annex West Santa Ana Heights, and one of the documents referenced in the Agenda Report mentions "the 'sphere of influence line south of Mesa Drive" which would include the heights area. 1 1 9e MOTION/Denied A motion was made by Council Member Steel, seconded by Mayor Request Cowan, and carried 4-1, Council Member Monahan voting no, to deny the request for rehearing. Council Member Steel stated that LAFCO should make the decision on this matter. Mayor Cowan supported the motion, concurring with Council Member Steel. OLD BUSINESS The Deputy City Clerk presented the TeWinkle Intermediate TeWinkle Field School Athletic Field Lighting Project. A communication was Lighting received from Jon Zich, via e-mail, stating his opinion that the Parks, Recreation Facilities and Parkways Commission should be utilized to consider this project's development and implementation. The Public Services Director summarized the Agenda Report dated April 24, 2001. David Hickey, Attorney at Law, 26056 Acero Street, Suite 100, Mission Viejo, legal counsel for the Mesa Verde Villas Homeowners Association, a 140 -unit. condominium complex located on Iowa Street adjacent to TeWinkle Middle School and California Elementary School, noted the significant impact the athletic field currently has on the complex. He expressed concern that increased use would compound the problems, creating further difficulties for the residents. He addressed specific concerns such as parking, safety, noise, and litter. Daniel Boren, 1626-A Iowa Street, Costa Mesa, President of the Mesa Verde Villas Homeowners Association, voiced his concern regarding the number of games which take place at this facility, and utilized photographs to illustrate the parking problem. MOTION/Referred A motion was made by Mayor Cowan, seconded by Council to Parks Commission Member Steel, and carried 5-0, to refer the Lighting Project to the Parks, Recreation Facilities and Parkways Commission and the Planning Commission for review and recommendation. RECESS The Mayor declared a recess at 10:45 p.m., and reconvened the meeting at 10:55 p.m. Motion to Continue A motion was made by Mayor Cowan, seconded by Mayor Pro Several Agenda Items Tem Dixon, to continue the following items to the meeting of May Failed to Carry 21, 2001: Old Business Item Nos. 3 and 4, Resolution approving the Mitigated Negative Declaration for East 17th Street, and Comprehensive Analysis of Improvement Options for East 17th Street, declining public comment at this time; Old Business Item No. 5, Fiscal Year 2000-2001 Third Quarter Community Objectives; and Old Business Item No. 6, Review of Planning Commission approval of PA -98-89. The motion failed to carry 3-2, Council Members Monahan, Robinson, and Steel voting no. Council Member Monahan opposed the motion, noting that the agenda for the meeting of May 21, 2001, had many items scheduled and declined to postpone the above. OLD BUSINESS The Deputy City Clerk presented a resolution approving the East 17th Street Mitigated Negative Declaration for East 17th Street Improvements; and a Comprehensive Analysis of Improvement Options for East 17th Street, Newport Boulevard, and East Side Costa Mesa. A communication was received from Brian Harris, via e-mail, stating that Plan B, retaining four lanes and implementing certain improvements, should be approved. The Transportation Services Manager responded to questions from Council. MOTION/Continued On motion by Mayor Cowan,. seconded by Council Member to May 21, 2001 Robinson, and carried 5-0, these items were continued to the meeting of May 21, 2001. OLD BUSINESS The Deputy City Clerk presented Fiscal Year 2000-2001 Third Community Quarter Community Objectives. The Finance Director summarized Objectives the Agenda Report dated April 27, 2001, and he and the Public Services Director responded to questions from Council. Tom Egan, 1893 Parkview Circle, Costa Mesa, addressing Objective 98-E10, Establish Measurable Service Standards, urged Council to proceed with this concept. MOTION/Received On motion by Council Member Monahan, seconded by Council and Filed Member Robinson, and carried 5-0, the objectives were received and filed. OLD BUSINESS The Deputy City Clerk presented a request for review of Planning Review of PA -98-89 Commission approval of PA -98-89 (approved at the meeting of December 14, 1998), to construct 51 new parking spaces at the Downtown Recreation Center in Lions Park (City Council Community Objective 02-C1). A communication was received from Virginia Christiansen, via e-mail, requesting Council to preserve the green space in Lions Park by deleting the additional parking spaces. The Public Services Director summarized the Agenda Report dated April 30, 2001. The City Manager responded to questions from Council. Bill Turpit, 1772 Kenwood Place, Costa Mesa, speaking on behalf of two members of the Lions Park Association Board of Directors, indicated that their interest is to retain green space and to reduce the amount of drainage offsite. He expressed concern regarding the calculation of hardscape in the Agenda Report and the impact of the storm drain on West 19th Street. He encouraged minimized expansion and increased greenbelt along Anaheim Avenue. Warren Christensen, 1845 Anaheim Avenue, Costa Mesa, supported retention of the green space. MOTION/Denied A motion was made by Mayor Pro Tem Dixon, seconded by PA -98-89 Council Member Robinson, and carried 5-0, to reverse the Planning Commission's decision by denying PA -98-89, the construction of 51 new parking spaces at the Downtown Recreation Center, to immediately reprogram funding for the expenditures; with the remaining monies directed to street maintenance on westside Costa Mesa, and to review the application next year if it is determined that parking is needed. Mayor Cowan supported the motion but indicated her belief that it is a mistake to completely remove the parking, noting that she would support the addition of new parking only in Area No. 2, returning Area No. 1 to open space. NEW BUSINESS The Deputy City Clerk presented a Memorandum of Understanding School Resource between the City and the Newport -Mesa Unified School District Officer Program relative to the implementation and operation of a School Resource Officer Program: Authorize the Finance Director to prepare the necessary budget amendment to reflect the additional revenue from the School District and the allocation of $213,450.00 to the Police Department budget to operate the program during fiscal year 2001-2002. Authorize the purchase of two additional fully -equipped patrol vehicles, for $89,550.00, to facilitate program implementation. The Police Captain responded to questions from Council, stating that this program focuses on providing two police officers who devote their time primarily to bring a law enforcement presence to the schools; to provide a mentoring/teaching relationship for the students with respect to topics such as government, child abuse, drug and alcohol recognition and resistance, as well as positive decision making; and to act as liaison between the school, the faculty, the students and their parents. Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, reported that the Drug Abuse Resistance Education (D.A.R.E.) Program is ineffective as it does not stop drug use. He supported the Police Department protecting the citizens of Costa Mesa from violent criminals, and finding alternative effective ways to fight the drug problem. He proposed using the current D.A.R.E. officers for this program. MOTION/Approved A motion was made by Council Member Monahan, seconded by MOU Council Member Steel, and carried 5-0, to approve the Memorandum of Understanding, to authorize the Finance Director to prepare the necessary budget amendment, and to authorize the purchase of two additional fully -equipped patrol vehicles. Mayor Cowan supported the motion but noted her preference of. the alternative which would disband the D.A.R.E. Program and transfer the two available officers to the new program. NEW BUSINESS The Deputy City Clerk presented an ordinance adding Chapter 12 Drug/Gang Activity to Title 11 of the Costa Mesa Municipal Code, and establishing regulations applicable to landlords renting property upon which specified drug and/or gang activities are occurring. .The Police Lieutenant reviewed the Agenda Report dated April 21, 2001, and he and the Deputy City Attorney responded to questions from Council. The City Manager explained utilizing the administrative hearing process and the selection of a hearing officer. Eleanor Egan, 1893 Parkview Circle, Costa Mesa, asked what would occur should the guilty person not be a signatory on the rental agreement. The Deputy City Attorney replied by stating that if the person who is the signatory is permitting the illegal activity, they would also be an offending tenant. Paul Bunney, Post Office Box 11024, Costa Mesa, asked if this ordinance is applicable to the City's current situation. Mayor Cowan indicated that the ordinance originated in the Police Department who obviously determined a need. Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, opposed the ordinance, stating that it is directed at the wrong persons and arguing that landlords should not be responsible for the deeds of their tenants_ . He objected to modeling Costa Mesa laws after those of the City of Buena Park. Matt Petteruto, 12822 Garden Grove Boulevard,. No. D, Garden Grove, representing the Apartment Association of Orange County, voiced support for the proposed crime eviction ordinance. He believed that the ordinance is effective in many ways, and commented that there will be .an appeals process for both the property owner and the resident. David Stiller, 2879 Regis Lane; Costa Mesa, observed that "due process of law" is not mentioned in the ordinance, and felt that the landlord is being placed in an unfortunate position. He stated that the ordinance is ambiguous and unenforceable. Deen Foxx, 3009 Fillmore Way, No. 108, Costa Mesa, stated that a good neighborhood is created by good neighbors not by the Police. He indicated that he would not feel comfortable being an enforcer of suspect activities. He opposed the ordinance, and stated that he did not perceive his neighborhood as a "slum." Police Sergeants Phillips and Epperson responded to questions from Council. Mayor Cowan stated ' that the ordinance seemed discriminatory, and noted that she was uncomfortable with its present form. In response to a question from Council Member Monahan, the Police Chief indicated that he is comfortable with the ordinance since it has been revised by the Deputy ;City Attorney. He commented that the ordinance would enable his department to rid neighborhoods of drugs, crimes, gangs, etc. Council Member Monahan reported that a "public nuisance" letter had previously been used was quite effective. Motion Give Ordinance A motion was made by Council Member Steel, seconded by First Reading Council Member Monahan, to give first reading to the ordinance. Council Member Robinson enumerated her problems with the ordinance, referring to Section 12-1(C) and Section 12-2(B), the definition of "drug-related nuisance"; Section 12-4(A), noting her concern regarding enforcement; -and Section 12-5(A), (B), and (D), change the 15 -day notice to landlords to 30 days. She clarified that her concern regarding inappropriate use did not involve the Police Department but members of the community. Mayor Cowan concurred that her concerns did not involve the Police Department. SUBSTITUTE A substitute motion was made by Mayor Cowan, seconded by MOTION/Referred Council Member Robinson, and carried 3-2, Council Members to Study Session Monahan and Steel voting no, directing staff to consider the comments made by Council this evening, review Council Member Robinson's interest in deletion and modification of language, identify issues and concerns, 'and return this item to a study session with new proposed language and comments. Council Member Monahan opposed the motion, stating that the proposed changes would make the ordinance ineffective. He thought that the ordinance could be a tool to assist with negative activity in the community. Council Member Steel opposed the motion, suggesting that staff comment on the items identified by Council Member Robinson. Mayor Pro Tem Dixon supported the motion, noting the need for clarification of several areas of the ordinance. NEW BUSINESS The Deputy City Clerk presented requests for funding from the OCRAA and AWG Orange County Regional Airport Authority (OCRAA) and the Airport Funding Working Group (AWG). The City Manager summarized the Agenda. Report dated May 1, 2001. Council Member Steel recommended approval of the requested funding which would be directed to administration of the program. Council Member Monahan indicated that the funding would be directed towards additional public forums and information for Costa Mesa citizens. General Art Bloomer, Executive Director of OCRAA, 11222 Acacia Parkway, Garden Grove, reported OCRAA's goal of promoting the aviation reuse of the Marine Corps Air Station at EI Toro, and to oppose the expansion of John Wayne Airport (JWA). He indicated that OCRAA had adopted a resolution which supports a regional concept for an aviation plan within southern California, and stated that the Joint Powers Authority does not require its members to make a contribution, noting that the action is strictly voluntary. He confirmed that the funds would be directed to administration, specifically salaries, travel expenses, and legal fees, etc. Tom Naughton, president of the Airport Working Group of Orange County, 1048 Irvine Avenue, Newport Beach, .gave a photographic presentation of departing aircraft from JWA, stating that there has been a steady increase of air traffic. Richard Taylor, 1612 Highland Drive, Newport Beach, member of the Airport Working Group, reviewed additional expansion plans for JWA. He confirmed that the funding would be used to alert Costa Mesa residents to the potential detrimental facts of an expanded JWA. The following persons opposed expansion of JWA: the resident at 2527 Andover Place, Costa Mesa, noting that Boeing 747's will also be used at JWA; Mike Stevens, 720 Manchester Drive, Inglewood; Margaret Morgan, 206 East 15th Street, Costa Mesa; Rachel Perez -Hamilton, 266 Brentwood Place, Costa Mesa; and Ralph Morgan, 206 East 15th Street, Costa Mesa. MOTION/Approved A motion was made by Council Member Robinson, seconded by OCRAA Funding Council Member Monahan, and carried 5-0, to approve OCRAA funding of $21,231.00 from the City Council Net Revenue Special Projects Account. Council Member Robinson asked for assurance that the AWG meetings will be held in Costa Mesa, the primary objectives of the meetings will be to educate people on the dangers of the expansion of JWA and the various proposals, and to not affirmatively promote an airport at EI Toro. MOTION/Approved A motion was made by Council Member Monahan, seconded by AWG Funding Council Member Steel, and carried 5-0, to approve AWG funding of $15,000.00 from the City Council Net Revenue Special Projects Account, and to include the above comments from Council Member Robinson in the agreement. Mayor Cowan asked the City Manager to investigate a recent article regarding a Newport Beach agreement for JWA. The City Manager replied that there is an item on the Board of Supervisors agenda for May 8, 2001, which would authorize entering into negotiations regarding the JWA expansion for the City of Newport Beach settlement agreement. Mayor Cowan asked that a letter be drafted to the City of Newport Beach suggesting'that information be shared with Costa Mesa. ADJOURNMENT Mayor Cowan declared the meeting adjourned at 1:30 a.m. Mayor of the City of Costa Mesa ATTEST: Deputy City I.erk of the City of Costa Mesa 1 1 1