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HomeMy WebLinkAbout07/02/2001 - City CouncilREGULAR MEETING; OF THE CITY COUNCIL CITY OF COSTA MESA JULY 2, 2001 The City Council of the City of Costa Mesa, California, met in regular session July 2, 2001, at 0:30 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, commentary on Freedom Day — Independence Day by Gene Robens, and invocation by Pastor Joseph Strubbe, Christ Lutheran 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: Officials Present: None City Manager Allan Roeder Acting City Attorney Tom Wood Development Services Director Donald Lamm Public Services Director William Morris Finance Director Mark Puckett Assistant to City Manager Ann Shultz Assistant Planner Wendy Shih Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Monahan, seconded by Mayor Pro June 18, 2001 Tem Dixon, and carried 5-0, the minutes of the regular Council meeting of June 18, 2001, were ;approved. ORDINANCE AND A motion was made by Council Member Monahan, seconded by RESOLUTIONS Mayor Cowan, and , carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Cowan congratulated , Kimberly Thomas, Management Employee of the Analyst for The Housing and Community Development Division, on Month being named Employee of the Month for July, 2001, for her excellent work on the Neighbors -for -Neighbors Program. PRESENTATION Mayor Cowan read a proclamation declaring July, 2001, as Parks "Parks and and Recreation Month, and presented the proclamation to the Recreation Month" Parks, Recreation ' Facilities and Parkways Commission Chairperson, Mark Harris. PUBLIC Martin Millard, 2973 Harbor 'Boulevard, Costa Mesa, showed COMMENTS photographs of an alley to the; rear of Mendoza Drive and Baker Costa Mesa Job Street that is full of trash and abandoned shopping carts. He spoke Center of the loitering in the area of the; Job Center, and suggested moving the Job Center to Balearic Center in Mesa Verde. Vending Trucks Allan Mansoor, 2973 Harbor Boulevard, Costa Mesa, asked when the vending truck problem will be placed on the agenda. 1 John Wayne Airport Ralph Morgan, 2.06 East 15th Street, Costa Mesa, addressing the Expansion John Wayne Airport, showed a diagram of the projected flight path, if it were expanded. He also addressed the 1985 settlement agreement for John Wayne Airport. Fireworks Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Mesa, suggested that fireworks be banned in the City, and stated there are other ways for money to be raised besides selling fireworks. Talbert Park Robert Graham, 3260 Dakota Avenue, Costa Mesa, showed photos of Talbert Park, owned and operated by the County, which has restroom facilities, large trees, paved trails, and bike trails. Gang Ordinance John Feeney, 1154 Dorset Lane, Costa Mesa, reported on display of illegal fireworks on Fillmore Avenue. He disagreed with Council Member Robinson that the gang ordinance targets landlords instead of gang members. Airport at EI Toro Margaret Morgan, 206 East 15th Street, Costa Mesa, felt that Council should support an airport at EI Toro to eliminate the expansion of John Wayne Airport. Pierce Street Annex John Waters, 2620 Elden Avenue, Costa Mesa, representing Pierce Street Annex, asked the neighbors to work with him to take care of any problems there may be in the neighborhood. John Wayne Airport Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, spoke Expansion about alternatives to the expansion of John Wayne Airport, and asked that people get involved so the expansion does not happen. Arthur Comments Katie Arthur, 400 Cabrillo Street Costa Mesa, asked about several items of concern which she feels need Council action; vending trucks, gang ordinance, rezoning, slums, loitering, and the John Wayne Airport expansion. Fireworks Craig Stevens, 1845 Anaheim Avenue, Unit 6D, Costa Mesa, does not want Costa Mesa to ban fireworks. He also expressed his support of Council Member Steel. Parking Survey Dennis Patterson, 696 Darrell Street, Costa Mesa, reported on a parking prohibition survey that he received in the mail, and expressed concern about the problems which may be encountered if the program is initiated. Mayor Cowan advised him to contact the Public Services Director regarding his concerns. Street Sweeping Jeff Chapman, 2264 Pomona Avenue, Unit C, Costa Mesa, opposed parking prohibition in his neighborhood for street sweeping. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR No. 8, Public Works and Facilities Maintenance Manual, MOTION/Approved On motion by Council Member Monahan, seconded by Mayor Except Item No. 8 Cowan, and carried 5-0, the remaining Consent Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Steve M. Conti; Bruce Englebrecht; John Gilles; Roberto Gonzalez; Gerald McGuire; Jeff Miller; Richard K. O'Grady; and Edward Straub. Alcoholic Beverage Alcoholic Beverage Control (ABC) License request from Raphael License Entertainment, Inc., for a person-to-person transfer of a Type 41 (on -sale beer and wine) ABC License for Ooiso Restaurant, 488 East 17th Street, Suite B104. ; WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1854, funding City operating expenses for 1854 $1,186,232.63. Approved Warrant Warrant Resolution 1855, funding Payroll 113 for $1,726,482.73, 1855/Payroll 113 and City operating; expenses for $1,755,938.77, including payroll deductions. ADMINISTRATIVE Fairview Road Reconstruction from Fair Drive to Paularino Channel, ACTIONS/Accepted and Fairview Road and Baker; Street Intersection Improvements, Work by R.J. Noble, Project No. 99-15, Federal Nos. STPL-5312 (024), (025), (026), Project 99-15, (027), and (028), were completed to the satisfaction of the Public Fairview Road Service Director by R.J. Noble Company, 15505 East Lincoln Improvements Avenue, Orange. The work was accepted, the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 6 months thereafter; and the Performance Bond was ordered iexonerated 6 months thereafter. Adopted Resolution Resolution 01-42 was adopted: A RESOLUTION OF THE CITY 01-42, Per Capita COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Grant Program AUTHORIZING THE APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT 'PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000; and the City Manager, or his designee, was! appointed as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements and payment requests, which may be necessary for the completion of projects. Awarded Contract Bids received for Lions Park Plaza Improvements and Pool for Lions Park Plaza Equipment Building Access Road, Project No. 01-04, are on file in and Pool, Project the City Clerk's office. The contract was awarded to Topline 01-04, to TopLine Construction, Inc., 9272 Russell Street, La Habra, for $265,222.00 (Base Bid plus Alternate Bid Item), and the Mayor and Deputy City Clerk were authorized to sign on'; behalf of the City. Approved Extension An extension was approved for the Capital Lease with Oce — Office of Lease with OCE Systems, a division of Oce — USA, Inc., Document Printing System for Color Copier Division, 2 Park Plaza, Irvine, ' Bid Item No. 1029, for the lease purchase of a CS150 Color Copier through November 1, 2006. Item No. 8/Public Item No. 8 on the Consent Calendar was presented: Public Works Works and Facilities and Facilities Maintenance Manual. Mayor Pro Tem Dixon wanted Maintenance Manual two items added: direct staff to continue to clean the storm drain catch basins whenever they drive through the City; and remove weeds from the parkways and tree wells. MOTION/Continued On motion by Mayor Pro Tem Dixon, seconded by Council Member to July 16, 2001 Monahan, and carried 5-0, this litern was continued to the meeting of July 16, 2001. COUNCIL Council Member Robinson responded to the issues brought up COMMENTS during Public Comments. Regarding the vending trucks, she stated Vending Trucks that after checking with the City Attorney, she was advised that a report would be forthcoming. As to the gang ordinance, Council 1 1 445 Gang Ordinance Member Robinson reported that it has been sent back to rework some of the language to provide appropriate Constitutional protection and the ordinance should be brought back to the Study Session of July 9, 2001. She encouraged attendance at the Study Session, and stated she is available to discuss issues on any Chamber of Saturday. Regarding rezoning, Council Member Robinson noted Rezoning that Redevelopment Agency meetings are televised, and Luncheon redevelopment of the west side is currently being explored, which includes rezoning. She advised that a study is being prepared on which areas of the City can be improved through redevelopment. Shopping Carts On the loitering problem, Council Member Robinson wanted to Loitering follow up on the photos that were shown, and explore this problem. She reported that she is expecting a report on the Costa Mesa Job Center from staff to make sure it still meets the needs of the City. Regarding the John Wayne Airport expansion, Council Member John Wayne Airport Robinson commented that there will be a meeting at which Costa Mesa residents will be able to share their views. Council Member Robinson clarified that she abstained from voting on a bike trail in Human Relations her neighborhood. She then asked for interested parties to submit Committee applications to serve on the Human Relations Committee. Council Comments Council Member Steel expressed his appreciation to Craig Stevens for his support. He preferred having Council Comments at the beginning, rather than at the end of the agenda so the public could Public Comments hear what the Council Members have to say. Council Member Steel favored allowing as much time as necessary for public comments; and was disappointed that citizens disapproved of the Home Ranch Home Ranch Project liaison committee which included Mayor Cowan and Council Member Robinson. Council Member Steel commented on the vending truck problem, and stated that by allowing poor, Vending Trucks undocumented immigrants into the City and giving them free food and housing, our schools, parks, and housing are being impacted. He emphasized that these problems must be addressed. Little League Mayor Pro Tem Dixon congratulated the Costa Mesa Marlins of the National Little League Major Division, for going farther in the District 62 Tournament of Champions than any other Costa Mesa Little League Team. She commended the Chamber of Commerce for their Service Award Luncheon a week ago. which recognized Chamber of outstanding people who work for the City, including Police Officer of Commerce Award the Year, Sergeant Don Holford, and the Firefighter of the Year, Luncheon Captain Curt Yoder. She thanked them for all they have done for our community. Mayor Pro Tem Dixon mentioned that there are more and more abandoned shopping carts on the streets, and Shopping Carts asked the City Manager to contact the Cities of Santa Ana and Anaheim regarding their ordinances on shopping carts. Mayor Pro Tem Dixon reported that she spoke with the owner of the property at Baker and Bristol Streets regarding loitering problems and how it affects his business. She stated that the business owner was not Loitering aware of the problem, and will consider posting "No Loitering" signs. Regarding the 7-11 store at Victoria Street.and Placentia Avenue, the Mayor Pro Tem stated that it is up to the property owner to post the "No Loitering" signs so the ordinance can be enforced. Shopping Cart Mayor Cowan stated that the abandoned shopping cart ordinance Ordinance was very effective until the Grocer's Association lobbied in Sacramento, and a State Law was enacted which limited the City's ability to control the shopping carts. She wanted to see other cities' ordinances to determine if a working ordinance can be drafted. Mayor Pro Tem Dixon commented that if store owners are given the opportunity to pick up their shopping carts, and they do not do so, then the City can remove them without State interference. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued South Coast Plaza from the meeting of June 4, 2001,for a request for rehearing from Town Center City Attorney Jerry Scheer, of the City Council's approval on February 5, 2001, of applications from Paul Freeman, authorized agent for South Coast Plaza and the Orange County Performing Arts Center, and Phillip Schwartze, authorized agent for CommonWealth Capital Management, LLC/Fifth Street Properties, for the expansion of South Coast Plaza Town Center, located between Sunflower Avenue, the San Diego Freeway (1-405), Avenue of the Arts, and Bristol Street: An ordinance approving Development Agreement DA -00-04 between the City of Costa Mesa and Fifth Street Properties (Ordinance 01-6 was given first reading and was scheduled for a second first reading). General Plan Amendment GP -00-02 (adopted by Resolution 01- 8), to amend the 1990 General Plan text and figures to change the land use designation from Urban Center Commercial to Cultural Arts Center on 54 net acres; to increase the trip budget; to increase the floor area ratio (FAR) to 1.77 from 0.60/0.50; and to amend the Master Plan of Highways to delete a portion of Town Center Drive between Bristol Street and Avenue of the Arts, and to incorporate other miscellaneous amendments. Specific Plan Amendment SP -00-01 (adopted by Resolution 01- 8), to amend the North Costa Mesa Specific Plan text and figures relative to Area 4's ;land use designation, trip budget, maximum allowable FAR and building square footage, maximum building heights, and the preservation of the "California Scenario" garden. Town Center Preliminary Master Plan PA -00-38 (approved by Resolution 01-9), for an amendment to reflect the proposed general plan and specific plan amendments, and to further delineate the three sub -areas of South Coast Plaza Town Center. Tom Nixon, Woodlin, Spraudlin and Smart, Attorneys at Law, 701 South Parker Street, Suite 8000, Orange, counsel for the City, summarized the agenda report and responded to questions from Council. James Anderson, CommonWealth Capital Management, LLC/Fifth Street Properties, 633 West Fifth Street, 72nd Floor, Los Angeles, thanked the Council for the 'opportunity for this Development Agreement, and their willingness to move forward toward conclusion. Craig Stevens, 1845 Anaheim Avenue, Costa Mesa, wanted to discuss the "California' Scenario", hoping. that this will be retained in its current form. MOTION/Gave A motion was made by Council Member Monahan, seconded by First Reading to Council Member Steel, and carried 3-2, Council Members Dixon Ordinance 01-6 and Robinson voting no, to give first reading to Ordinance 01-6: AN Approving DA -00-04 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT DA -00-04 BETWEEN THE CITY OF COSTA MESA, THE FSP TWO TOWN CENTER AND FIFTH STREET PROPERTIES -DS ("TWO TOWN CENTER AND DOWNEY SAVINGS), and to continue the remaining items to the meeting of December 3, 2001. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Appeal of Parcel from the meeting of June 4, 2001, to consider an appeal of the Map PM -00-239 Planning Commission's conditions of approval for Tentative Parcel Map PM -00-239 from C. Kelly Kraushaar, representing Southern California Edison Company, 14799 Chestnut Street, Westminster, to subdivide Edison's lot into two parcels, located at 373 Monte Vista Avenue, in an R2 -MD zone. Environmental Determination: Exempt. Also under consideration: Purchase of excess property from Southern California Edison Company for park and open space purposes: (1) Determination that Parcel No. 1 of the proposed Parcel Map PM -00-239 is appropriate for use as a City park or City open space; (2) Direction to staff to hire a licensed appraiser to establish market value for Parcel No. 1 of proposed Parcel Map PM - 00 -239, for a cost not to exceed $4,400.00, to be appropriated from City Council Net Revenue Special Projects; (3) Direction to staff to enter into final negotiations with Southern California Edison Company (SCE) for the purchase of Parcel No. 1 at fair market value; and (4) Direction to staff to report back to City Council no later than August 31, 2001, for approval of a purchase agreement and funding proposal, or on the status of the negotiation. The Development Services Director, and the Public Services Director summarized the Agenda Report dated June 25, 2001. Council Member Monahan asked about the type of park this property could be used for: open space, a picnic area, or a tot lot. C. Kelly Kraushaar, representing Southern California Edison Company, thanked the Public Services Director for his help in the negotiations, and asked for confirmation .of that which is to be decided at this meeting. He reported he has drafted a letter of understanding which would be a three way agreement between the City, Edison Company, and the current purchasers. He responded to questions from Council. Tom Egan, 1893 Parkview Circle, Costa Mesa, commented that the lot is only about one-third of an acre, and was concerned that the City may pay too much money for the site. Mayor Cowan commented that Council would be reviewing the cost before finalizing the purchase. The Acting City Attorney confirmed that the letter of understanding was merely a conceptual letter, and Council is not being asked to approve it at this meeting. Robert Graham, 3260 Dakota Avenue, Costa Mesa, noted that this property is very near to Newport Beach, and the site may be impacted by noise if John Wayne Airport were expanded. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Monahan, seconded by Resolution 01-43; Mayor Cowan, and carried 5-0 to adopt Resolution 01-43: A Approved Four RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Recommendations MESA, CALIFORNIA, APPROVING PARCEL MAP NO. PM -00 - for Purchase of 239, modifying the, Planning Commission's decision by approving Property . the lot line of the original application, the wall with residential standards, and providing an option for a. chain link fence or wrought iron, or just to remove it, and ; to approve items 1 through 4, in connection with the purchase of iexcess property from Edison. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Business set for the public hearing to consider a resolution re -authorizing the Improvement Area Business Improvement Area assessment of two (2%) for City of Costa Mesa hotels and motels for fiscal year 2001-2002, an agreement with Costa Mesa Conference and Visitor Bureau, and an ordinance amending Ordinance No. 95-9 to change the name of the Business Improvement Area covering certain Costa Mesa hotels and motels. The Affidavit of Publication is on file in the City Clerk's Office. No communications were received. The Assistant to the City Manager summarized the Agenda Report dated June 20, 2001. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Council Member Monahan, seconded by Council Resolution 01-44; Member Steel, and carried 5-0 the following action was taken: Approved the Resolution 01-44 was adopted: A RESOLUTION OF THE CITY Agreement; Gave COUNCIL OF THE , CITY OF COSTA MESA, CALIFORNIA, Ordinance 01-17 LEVYING AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2001 - First Reading, 2002 FOR A BUSINESS 'IM ! PROVEMENT AREA COVERING CERTAIN COSTA MESA HOTLS AND MOTELS; the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City; Ordinance 01-17 was given first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ORDINANCE NO. 95-9 TO CHANGE THE NAME. OF THE BUSINESS IMPROVEMENT AREA COVERING CERTAIN COSTA MESA HOTELS AND MOTELS. Second reading and adoption are scheduled for the meeting of July 16, 2001. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Appeal of PA -01-15, set for the public hearing to consider an application from Dan Architects Orange/ Perlmutter appealing the Planning Commission's approval of Burnham Planning Application PA -01-15, for Architects Orange, 144 North Orange Street, Orange, authorized agent for Burnham 17th Street Corner, LLC, 270 Newport Center Drive, Suite 100, Newport Beach, for a master plan to construct a 2,500 -square -foot, one-story retail building at 299 East 17th Street in a C1 -S zone. Environmental Determination: Exempt. The Affidavits of Publishing, Mailing, and Posting of the property are on file in the City Clerk's office. A communication was received from Dan Perlmutter, 450 Newport 'Center Drive, Suite 440, . Newport Beach, who believes that there are serious problems with the proposed project. The Development Services Director summarized the Agenda Report dated June 25, 2001, and both the Development Services Director and the Assistant Planner responded to questions from Council. Dan Perlmutter, asked Council if he would have enough time to present his experts that were prepared to speak. He also mentioned that he was not invited to the Study Session regarding this project. Mayor Cowan allowed Mr. Perlmutter 15 minutes for his entire presentation. He began by showing photos of the project, and submitted petitions which were signed by neighbors in the area of the project. Council Member Robinson asked whether Mr. Perlmutter's experts would be able to speak during public comments, and the Mayor agreed that they would be allowed to do so. Gwen McKenzie, 357 Promontory, Newport Beach, a real estate agent specializing in retail for 17 years, thought that the proposed building is not in proportion to the other stores in the area, and impairs the visibility of the center. She suggested that the building be no more than 12 to 14 feet in height. John Petry, 2699 White Road, Suite 150, Irvine, Ross Stores, submitted a letter to Council from Michael Smith, Director of Real Estate for Ross, who also believed the building was too high, and was concerned about adequate parking. He responded to questions from Council. Kevin Osborne, President and CEO of La Salsa, Inc., was concerned with the impact this new building would have on the La Salsa business which is currently under construction. MOTION/Granted On motion by Council Member Steel, seconded by Council Member Additional Time to Robinson, and carried 4-1, Mayor Cowan voting no, Mr. Perlmutter Appellant was permitted extra time to complete his presentation. Dan Perlmutter discussed the adjacent property as to compatibility and showed photos of the shopping center, and the buildings adjacent to the subject property which depicts various heights of each of these buildings. One of the photos showed the tower with a round sphere which is planned for the Burnham building. Peter Buffa, 2824 Nevis Circle, Costa Mesa, representing the applicant, submitted letters of support from property owners in the area with an attachment naming the owners of properties in the center. He stated that everything included in the application is within code requirements, and no variances are being requested. He showed additional photographs of the site, and responded to questions from Council. Jim Dietze, Architects Orange, 144 North Orange Street, Orange, explained why the applicant was requesting a 25 -foot high structure, and responded to questions from Council. Katie Arthur, 400 Cabrillo, Costa Mesa, opposed the project. Allan Mansoor, 2973 Harbor Boulevard, Costa Mesa, did not like the plans, and commented that the project was not best for the community. Martin Millard, 2973 Harbor Boulevard, Costa Mesa, also spoke in opposition to the proposed building. Doug Scribner, 321 Avocado, Costa Mesa, stated the Council should not decide what is aesthetically correct, and commented that regulations should be the same for everyone. Wr. Bonnie Alder, Aroma's Espresso Cafe, 259 East 17th Street, Costa Mesa, stated that the building will block visibility of her business. John Feeney, 1154 Dorset Lane, Costa Mesa, did not understand why this building had to be 25: feet high since it would block the visibility to the businesses behind it. Ted Crisell, 2650 Harla Avenue, Costa Mesa, commercial real estate agent, discussed all of the projects he has been involved with in other states and cities. He believes Council should be in on the aesthetics of the projects in the City. Jerry Silver, 103 Edgewater Avenue, Newport Beach, commended Dan Perlmutter for being a positive force in the City, and opposed the project. There being no other speakers, the Mayor closed the public hearing. MOTION/To Deny A motion was made by Mayor Pro Tem Dixon, seconded by Council PA -01-15 Member Steel, to deny the application, asking the Project Manager to come up with a design more compatible to the area. Council Member Monahan stated that he would not support the motion to deny the project, but he would be willing to approve a lower height. SUBSTITUTE A substitute motion was made by Mayor Pro Tem Dixon, to approve MOTION/To Approve a maximum of 15 feet for the building, and to send the request back 15 -Feet to the Planning Commission for further review. SECOND A second substitute motion was made by Council Member SUBSTITUTE Monahan, seconded 'by Mayor Cowan, to uphold the Planning MOTION/Adopted Commission's decision by adopting Resolution 01-45:. A Resolution 01-45 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Approving PA -01-15 MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA - 01 -15, with the height limited to 18 feet. Additional discussion ensued, during which Council Member Robinson commented that the biggest issue is the height of the building. She asked Council to take into consideration the compatibility and look of the City in making decisions that are smart for the City, where common sense comes into play. She contended that this particular building at 25 feet does not fit the surrounding buildings, and it is appropriate for Council to consider this. The motion to adopt Resolution 01-45 carried 3-2, Council Members Dixon and Robinson voting no. RECESS The Mayor declared a recess at 9:50 p.m., and reconvened the meeting at 10:00 p.m. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Development set for the public hearing to consider an ordinance amending Standards for Signs regulations contained in Title 13 of the Costa Mesa Municipal Code relating to development standards for signs. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's Office. Communications were received a from Randy J. Garell, The Grant Boys, 1750 Newport Boulevard, Costa Mesa, objecting to the revisions to the' sign ordinance relating to banners on private property; and Kimball, Tirey & St. John, 1600 Dove Street, Suite 450, Newport Beach suggesting some issues Council should consider before adopting the proposed ordinance. The Development Services Director summarized the Agenda Report dated June 25, 2001, and responded to questions from Council. Lawana Wright, 400 .Merrimac Way, #60, Costa Mesa, representing The Grant Boys, stated that Randy Garell was not notified of these proposed changes, and she was most concerned about the possibility of banners being prohibited. John Casoria, Casoria and Associates, 20271 Southwest Birch Street, Suite 100, Newport Beach, representing Trinity Christian Center of Santa Ana, Inc., addressed the electronic changeable copy signs, stating that the Trinity sign is a benefit to the City because it attracts tourists to the area. He requested that these signs not be eliminated. Eleanor Egan, 1893 Parkview Circle, Costa Mesa, asked that the ordinance be continued so that Council could take a comprehensive look at what the City should look like. John Feeney, 1154 Dorset Lane, Costa Mesa, a member of the sign review committee in 1995, reported that major improvements in signage were- made throughout the City. He voiced his concerns about the proposed ordinance. Ken Oberland, The Ticket Shack, 1820 Newport Boulevard, Costa Mesa, spoke about the changes in the sign ordinance that took place in 1995, and did not agree with the changes being proposed in the current ordinance. Allan Mansoor, 2973 Harbor Boulevard, Costa Mesa, suggested additional study of the ordinance before it is adopted. Frank Haselton, 1 Park Plaza, Suite 500, Irvine, speaking on behalf of his client, the Orange County Fair and Exposition Center, was concerned about their electronic changeable sign having to be removed. Staff explained that since the sign is located on State property, they would be exempt from this ordinance. Ed Fawcett, Costa Mesa Chamber of Commerce, wanted more input from small businesses on how this new ordinance will impact them. Martin Millard, 2973 Harbor Boulevard, Costa Mesa, commented that other cities have sign ordinances that are very strict, and he did not understand why the proposed ordinance would hurt businesses if the all had to comply with the same regulations. Lisa Salisbury Cushman, 1600 Dove Street, Suite 450, Newport Beach, representing Arnel Management Company, felt that the proposed ordinance would negatively impact the businesses in the City. There being no other speakers, the Mayor closed the Public Hearing. Council Member Monahan was surprised to see this new sign ordinance coming forward without having notified the prior sign committee, without asking Council if they wanted to bring the committee back, or selecting a new committee to review the changes. He suggested setting aside the ordinance until a committee can be appointed to study these revisions. Mayor Cowan reported on complaints she has received regarding electronic signs, and businesses that have too many banners. MOTION/Study A motion was made by Mayor Cowan, to put together a study group Group Authorized comprised of businesses, residents, homeowner associations, and people shown on the distribution list for the agenda report, to walk through the changes that have'been proposed, take any changes back to the Planning Commission, and then bring them back to Council. Mayor Pro Tem Dixon asked about the number of people who would comprise the study group, and the length of time before the ordinance comes back to Council. Mayor Cowan stated she did not have all the details worked out as yet, but thought a group of 10 to 15 people might be appropriate, and that recommendations would be brought back to Council in approximately 6 months. The motion was seconded by Mayor Pro Tem Dixon, and carried 5- 0. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Urgency Ordinance set for the public hearing to consider an urgency ordinance Regarding R-1 Lots extending Interim Ordinance 01:2 and 01-9 imposing a moratorium on construction of certain new' residences and remodels on R-1 lots, to July 18, 2001. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's Office. No communications were received. The Development Services Director summarized the Agenda Report dated June 19, 2001. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Mayor P;ro Tem Dixon, seconded by Council Urgency Ordinance Member Robinson, and carried 5-0, to adopt Urgency Ordinance 01-18 01-18: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, EXTENDING INTERIM ORDINANCE NOS. 01-2 and 01-9 IMPOSING A MORATORIUM ON CONSTRUCTION OF CERTAIN NEW RESIDENCES AND REMODELS ON R-1 LOTS. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Site Improvements set for the public hearing to consider an ordinance amending Title and Sidewalk 13, Chapter V, Article 9, Section 13-70 et seq. of the Costa Mesa Construction Municipal Code pertaining to. general site improvements and sidewalk construction; and a resolution approving the City's American's with Disabilities Act (ADA) Plan as amended to permit exemptions of sidewalk construction on residential blocks in coordination with the attached ordinance. The Affidavit of Publication is on file in the City Clerk's Office. No communications were received. The Public Services Director summarized the Agenda Report;dated June 25, 2001. Robert Graham, 3260 Dakota Avenue, Costa Mesa, commented on the concern being paid to the ADA directives. He showed a picture of Canary Drive asking if access for wheelchairs will be considered. There being no other speakers, the Mayor closed the Public Hearing. MOTION/Gave On motion by Council Member ;Monahan, seconded by Mayor Pro Ordinance 01-19 Tem Dixon, and carried 5-0,- the following action was taken: First Ordinance 01-19 was given first reading: AN ORDINANCE OF THE Reading/Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 01-46 AMENDING COSTA MESA MUNICIPAL CODE TITLE 13, CHAPTER V, ARTICLE 9, SECTION 13-70 ET. SEQ. PERTAINING TO GENERAL SITE IMPROVEMENTS AND SIDEWALK CONSTRUCTION; and Resolution 01-46 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING CHANGES TO THE COSTA MESA VEHICLE AND PEDESTRIAN TRANSPORTATION FACILITIES AND ACCESS FOR PERSONS WITH DISABILITIES. OLD BUSINESS The Deputy City Clerk presented from the meeting of June 18, Amendment to 2001, a proposed amendment to the League of California Cities League of California Bylaws to increase dues to implement a grassroots network. The Cities Bylaws City Manager summarized the Agenda Report dated June 26, 2001. Mayor Cowan stated that this item was continued in order to discuss the amendment with the staff of the League's Orange County Division. The Mayor reported that after this was done, she is comfortable that Orange County will receive its fair share of support. Tom Egan, 1893 Parkview Circle, Costa Mesa, supported the amendment. Council Member Steel agreed with the amendment and supported it as well. MOTION/Approved On motion by Mayor Cowan, seconded by Mayor Pro Tem Dixon, Amendment and carried 4-1, Council Member Monahan voting no, the amendment was approved. OLD BUSINESS The Deputy City Clerk presented from the meeting of June 18, Allocation of Net 2001, allocation of available net revenue for capital improvements Revenue Funds and one-time expenditures or special projects. The Finance Director summarized the Agenda Report dated June 25, 2001, and responded to questions from Council. Mayor Cowan announced that she received a request from the Environmental Nature Center for $100,000.00 over a three-year period to match Newport Beach's contribution. Council Member Robinson noted that funds for the Airport Working Group are still shown; however, that organization previously rejected money from the City. Tom Egan, 1893 Parkview Circle, Costa Mesa, questioned the storm drain improvements, and thought the allocation was more than should be spent. He suggested spending the money to prevent flooding and erosion due to the rain. Council Member Monahan reviewed the Supplemental Agenda Information dated June 29, 2001, which includes a list of unfunded projects to be identified for potential public improvements requiring funding. Mayor Pro Tem Dixon suggested setting aside approximately $300,000.00 for possible purchase of the Edison property on Monte Vista Avenue. Mayor Cowan agreed but thought that $500,000.00 would be more appropriate. Discussion ensued on the projects listed in the supplemental report. EM MOTION/Approved A motion was made by Council Member Monahan, seconded by Left Turn Arrows on Mayor Cowan, and carried 5-0, to budget $93,000.00 for left turn 19th Street arrows on 19th Street at the intersections of Anaheim and Pomona Avenues. MOTION/Approved A motion was made by Council Member Monahan, seconded by Bus Turnouts on Mayor Cowan, and carried 5-0, to budget $179,000.00 for bus 119th Street turnout improvements on West 19th Street, requesting staff to return to Council with a design and report. MOTION/Approved A motion was made by Council Member Monahan, seconded by Cabrillo Street Mayor Pro Tem Dixon, and carried 5-0, to budget $20,000.00 for a Closure permanent street closure on Cabrillo Street, including landscaping. MOTION/Authorized A motion was made by Council Member Monahan, seconded by Traffic Control for Mayor Cowan, to budget $50,000.00 for a traffic signal on Wilson Wilson Street East Street east of Harbor Boulevard, directing staff to enter into further of Harbor Boulevard negotiations with K -Mart prior to the expenditure, and directing that notice be given prior to the signal being installed. Council Member Robinson asked if anything short of a traffic light might, be used to reduce traffic hazards in this location. She believes a signal at the driveways to the two shopping centers would be too close to the Harbor/Wilson intersection and cause a backup of traffic. She asked if there were any way to direct traffic certain ways out of the two exits to alleviate the problem. Council Member Robinson asked if this item will require a public hearing so that folks in the area can comment on whether or not the light is something they are interested in. The Public Services Director responded that if Council desires a public hearing, staff could bring it forward as such. - She asked that the maker of the motion include her request for a public hearing. Council Member Monahan stated that he would do so if she intended to support his motion; however if Council Member Robinson intended to vote no, he would not include it. The motion carried 5-0. MOTION/Request On motion by Mayor Cowan, seconded by Mayor Pro Tem Dixon, from Environmental and carried 5-0, staff was directed to place the Environmental Nature Center Nature Center's request on a Council Agenda. MOTION/To Hold A motion was made by Council Member Monahan, seconded by Remaining Funds for Mayor Pro Tem Dixon, to place the remaining funds into residential Street Rehabilitation street rehabilitation. After discussion, Mayor Pro Tem Dixon Died for Lack of withdrew her second. Second The City Manager cautioned Council not to assume the City will receive $3.6 million in the gas tax settlement. MOTION/Directed A motion was made by Mayor Cowan, seconded by Council Staff on Remainder Member Robinson, and carried 5-0, to hold in abeyance the of Funds remainder of the capital improvement project funds of $286,715.00 until the appraisal is received for the Edison property, and the request from the Environmental Nature Center is processed. NEW BUSINESS The Deputy City Clerk presented a resolution amending Resolution Amending Council 01-4 concerning order of business on Council agendas. The City Meeting Agendas Manager summarized the Agenda Report dated June 22, 2001, and responded to questions from Council. 1 1 Allan Mansoor, 2973 Harbor Boulevard, Costa Mesa, did not agree with Council Comments being moved to the end of the Agenda. Tom Egan, 1893 Parkview Circle, Costa Mesa, agreed with Mr. Mansoor that Council Comments should not be moved to the end of the Agenda. Council Member Steel preferred having "Council Comments" at the beginning of the Agenda as they are now. Mayor Pro Tem Dixon was not sure where the public wanted it placed on the Agenda, and suggested that it might be a good idea to either start the meetings earlier or add another meeting. Council Member Robinson thought it might not be a good idea to start the meetings earlier as it could be difficult for some people to get to the meeting on time. She also expressed doubt about having a fourth meeting in the month. The Council Member also acknowledged that the City Council had tried "Council Comments" at the end of the Agenda, as well as at the beginning, and that neither way is satisfactory to everyone. Council Member Monahan preferred having "Council Comments" at the end of the meeting. Mayor Cowan stated that she suggested having "Council Comments" moved forward on the Agenda, but after six months, she has decided that it does not help the flow of the meeting and would prefer moving it back to the end of the meeting. MOTION/Adopted A motion was made by Mayor Cowan, seconded by Council Resolution 01-47 Member Monahan, and carried 4-1, Council Member Steel voting no, to adopt Resolution 01-47: A RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION 01-4, CONCERNING COUNCIL MEETING AGENDAS, moving Council Members Reports, Comments, and Suggestions to the end of the meeting, just before Adjournment. NEW BUSINESS The Deputy City Clerk presented costs and procedures for District Costs/Procedures Elections and Direct Election of Mayor. The Deputy City Attorney for District Elections summarized the Agenda Report dated June 6, 2001. Tom Egan, 1893 Parkview Circle, Costa Mesa, was interested in these ideas, and asked that they be given consideration. MOTION/To Place a A motion was made by Council Member Monahan, seconded by Measure on the Ballot Council Member Steel, to place a Measure on the ballot at the next was Withdrawn General Election for the Mayor of Costa Mesa to be elected by majority vote of the electorate for a term of two years, at a cost of approximately $1,393.00. After discussion, this motion was withdrawn by Council Member Monahan. MOTION/Directed that A motion was made by Council Member Robinson, seconded by a Public Hearing be Council Member Monahan, to bring this item. back as a public Scheduled hearing at a future Council meeting, and that it be published in the newspapers. SUBSTITUTE A substitute motion was made by Mayor Pro Tem Dixon, seconded MOTION/to File the by Mayor Cowan, to file the report. The motion failed to carry 3-2, Report Failed to Council Members Steel, Monahan, and Robinson voting no. Carry The motion to schedule a public hearing carried 3-2, Council Members Cowan and Dixon voting no. NEW BUSINESS/Fill The Deputy City Clerk presented a request for Council direction to Unexpired Term of fill the unexpired term of Planning Commissioner Katie Wilson. Planning The City Manager summarized the Agenda Report dated June 26, Commissioner 2001, and responded to questions from Council. MOTION/Proceed A motion was made by Mayor Cowan, seconded by Council with Recruitment Member Steel, and carried 5-0, to proceed with the recruitment, and schedule a special meeting on Monday, July 9, 2001, to discuss alternatives and procedures to fill commission vacancies. ADJOURNMENT The Mayor adjourned the meeting at 12:10 a.m. Mayor of the City of Costa Mesa ATTEST: Deputy City lerk of the City of Costa Mesa 1 I