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HomeMy WebLinkAbout07/16/2001 - City Council�7 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 16, 2001 The . City Council of the City of Costa Mesa, California, met in regular session June 16, 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 Monahan, and invocation by the Reverend Tim McCalmont, Presbyterian Church of the Covenant. 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 ORDINANCES AND RESOLUTIONS Council Members Absent: Officials Present: A motion was made b, Mayor Pro Tem Dixon, resolutions by title only. None City Manager Allan Roeder City Attorney Jerry Scheer Development Services_ Director Donald Lamm Public Services Director, William Morris Finance Director Marc Puckett Recreation Manager Stacia Mancini Senior Planner Willa Bouwens- Killeen Associate Planner Mel Lee Deputy City Clerk Mary Elliott Council Member Monahan, seconded by and carried 5-0, to read all ordinances and PUBLIC Mildred Nicholson, 2063 Republic Avenue, Costa Mesa, objected COMMENTS to the 4th of July fireworks which disrupted her evening, created 4th of July Fireworks noise and litter, posed a fire hazard, and frightened neighborhood animals. She proposed banning the fireworks and donating monies to the organizations which use the event to raise funds. Mrs. Nicholson commented on the hazardous conditions of Costa Mesa streets, and the state of the Victoria Street landscaping. Donald Nicholson, 2063 Republic Avenue, Costa Mesa, concurred with the above statements, proposing that the individuals selling the fireworks be required to reimburse the City for the cost of extra public service and cleanup. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, reported on the success of the 4th of July block party in her neighborhood in relation to the absence of fire -related incidents, and noted the clean-up efforts after the event. Fireworks Craig Stevens, 1845 Anaheim Avenue, Apt. 6D, Costa Mesa, opposed the large, illegal fireworks displays which occurred on the west side, suggesting that they be monitored in lieu of closing the legal fireworks stands. 1 1 RII Council Comments Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, opposed Council Comments being moved to the end of the agenda, an action taken at the meeting of July 2, 2001. He observed that the new policy will prevent Council from responding to the people, and felt that the action was taken to prevent important issues from being addressed. He issued a general complaint about placement of items on the agenda, noting that Wilson Street Signal important items are relegated to the end. Mr. Mansoor addressed the proposed traffic signal on Wilson Street, east of Harbor Boulevard, stating that the signal will increase traffic, and suggested eliminating left-hand turns from the Home Depot parking lot, thereby eliminating the safety issue. He urged Council to oppose expansion of John Wayne Airport, and to support the vending truck ordinance. "Fillmore Slum"/Job Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, Center addressed the "Fillmore slum" trash and gang problems. He stated that the Costa Mesa Job Center is ineffectual, and showed a picture of several men loitering near a 7-11 Store. He indicated the same problem exists at the U Haul, 2680 Newport Boulevard, a convenience market on 17th Street, and the 7-11 Stores on Bristol and Baker Streets, and Baker Street and Grace Lane. Mayor Cowan replied that private property owners have the option to post "no loitering" signs since the City does not have jurisdiction over private property. EI Toro Airport Margaret Morgan, 206 East 15th Street, Costa Mesa, reported that the environmental impact report prepared for the EI Toro Airport will be considered by the County Board of Supervisors in September, 2001. She read a portion thereof, stating that Costa Mesa citizens who reside near the airport are not cognizant of the potential impact should the EI Toro Airport not be constructed. Ralph P. Morgan, Jr., 206 East 15th Street, Costa Mesa, presented a proposed EI Toro Reuse Planning Authority (ETRPA) budget for fiscal year 2001-2002, from their Board of Directors meeting of May 30, 2001, and requested that copies be distributed to Council. He provided a chart from the Airport Working Group (AWG) which illustrated the circle of impact from an expanded John Wayne Airport. He chastised Council for not paying more attention and devoting more money to fighting the expansion. Bicycles Mike Clifford, 666 West 19th Street, No. 709, Costa Mesa, objected to bicycles driven on sidewalks which endangers pedestrians. He reported on a recent incident involving a bicycle and an automobile. Staff Commended Gino Buero, 2080 Garden Lane, Costa Mesa, complimented City staff on their assistance with a recent problem. "New Directions for The resident at 2585 Willow Lane, Costa Mesa, objected to the Women" expansion of a drug and alcohol rehabilitation center "New Directions for Women" onto her block of Willow Lane. She expressed concern that that they have saturated the area with a seven -facility compound, they own the entire block on University Drive between Willow Lane and Redlands Drive, and they are a big business, whereas Willow Lane is a single-family residential zone. She alluded to the potential increase of traffic and crime. She asked that permits be withheld until more information about this business is obtained. Mayor Cowan stated that the Mayor Pro Tem has asked the Board of Supervisors to relinquish planning authority during the annexation process. Mayor Pro Tem Dixon L commented that she has written to Supervisors Wilson and Silva regarding this item; and asked 'that it be placed on the August 6, 2001, agenda. Huscroft House Jeff Seiver, 21131 Cedar Lane, Mission Viejo, owner of commercial property on Whittier Avenue, and a teacher at Costa Mesa High School, volunteered his time to rehabilitate the Huscroft House. Mayor's Cup Pat McGuire, 2356 Rutgers Drive, Costa Mesa, President of Costa Mesa American Little League, announced the date for the 2001 Mayor's Cup as Wednesday, July 25, 2001, 5:15 p.m., Costa Mesa High School. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR No. 1, Reading Folder. MOTION/Approved On motion by Mayor Pro Tem Dixon, seconded by Council Member Except Item No. 1 Monahan, and carried 5-0, the remaining Consent Calendar items were approved as recommended. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1856, funding City operating expenses for 1856 $1,292,423.69. Approved Warrant Warrant Resolution 1857, funding Payroll 114 for 1857/Payroll 114 $1,746,065.63, and City operating expenses for $962,509,48, including payroll. deductions. REJECTED CLAIMS The following claims were rejected: Holewka Ruth Holewka (alleged dangerous condition of property) Rios Manuel V. Rios (alleged false arrest). ADMINISTRATIVE The first amendment' was approved to the contract with Michael ACTIONS/Approved Balliet, 26351 Tarrasa Lane, Mission Viejo, for $33,390.00, to Amendment to administer the City's Source Reduction and Recycling Element Balliet Contract for (SRRE) from July 1, 2001, to June, 30, 2002, and the Mayor was SRRE Administration authorized to sign on behalf of the City. Authorized Seismic The Public Services Director was authorized to hear appeals on Retrofit Appeals behalf of the City Council from subcontractors on Seismic Retrofit Procedure Project No. 00-14. Approved Thomas A request from Catherine Thomas, Senior Police Records Extended Leave of Technician, was approved for a,60 -day extended leave of absence Absence without pay through August 11, 2001.. Ratified Preliminary The preliminary response of the City Manager dated June 26, Response to Grand 2001, to Findings and Recommendations of the 2000-2001 Orange Jury Report, 800 County Grand Jury Report, "999 -Officer Needs Assistance, 800 MHz Radio MHz Radio — A Public' Safety Perspective", was ratified. Reading Folder Item No. 1 on the Consent Calendar was presented: Reading Folder. Council Member Robinson addressed the request from ATM Liquor, 586 West 19th Street, for a person-to-person transfer of a Type 21 ABC 'license (off -sale general), noting that they purportedly have substantial problems. She reported that conditions of approval had been stipulated for the last transfer at this location, and suggested that restrictions be added to this 1 approval. The Senior Planner clarified the history of this store, relating that the owner is working with the Police Department to reduce calls for service, and the Police now support the transfer. Council Member Monahan explained the protest procedure. Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, opposed permitting additional liquor stores on the west side, and suggested that this item be a public hearing. Mayor Cowan replied that the City has little control over the transfer of ABC licenses. Mike Clifford, 666 West 19th Street, No. 709, Costa Mesa, asked if the new licensee has been investigated. Mayor Cowan replied in the affirmative. Council Member Monahan reported that the Police Department and the ABC both conduct an investigation, and should the transfer not be approved, the license reverts to the original owner. MOTION/Gave A motion was made by Council Member Robinson, seconded by Directions to Staff Council Member Steel, and carried 5-0, directing staff to forward a letter to the ABC recommending that the following conditions of approval be imposed for this ABC license: Sales and service of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 11:00 p.m., Sunday through Thursday, and from 7:00 a.m. to midnight, Friday and Saturday. 2. There shall be no exterior advertising or sign of any kind of type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 3. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the licensee(s). 4. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control. 5. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted over within 48 hours of being applied. 6. Petitioner(s) shall police the area under their control every half hour from 4:00 p.m. to close in an effort to prevent the loitering of persons about the premises. 7. The parking lot on the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 8. No wine shall be sold with an alcoholic content of greater than 15 percent by volume except for "dinner wines" which have been aged two years or more and maintained in cork bottles. 9. Beer, malt beverages, and wine coolers packed in containers in 16 ounces or less may not be sold by single containers but • 11 must be sold in manufacturer pre-packaged multi -unit quantities. MOTION/Received On motion by Council Member Monahan, seconded by Council and Processed Member Robinson, and carried .5-0, the remaining Reading Folder . items were received and processed: Claims Claims received by the Deputy City Clerk: Laurann Cook; Kathleen Estes; :Pacific Bell; and Duc Kim Tran. Alcoholic Beverage Alcoholic Beverage Control (ABC)_ License requests from: Licenses Minute King Liquor, 2052 Newport Boulevard, Nos. 1 and 2, for a fiduciary transfer of a Type 21 ABC license (off -sale general). Zen Bistro Restaurant, 1870 Harbor Boulevard, No. A100, for a person-to-person transfer of a Type 41 ABC license (on -sale beer and wine). Public Utilities Notice from Southern California Gas Company that it has filed an Commission Application No. 01-06-027 with the Public Utilities Commission submitting its seventh annual application under the Gas Cost Incentive Mechanism, reporting on its gas supply and storage operations for the year April 1, 2000, through March 31, 2001, and requesting approval of a shareholder award in the amount of $106.1 million for that period. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Appeal of PA -01-11, set for the public hearing to consider an application from Mayor Mason/Heffernan Pro Tem Dixon appealing the Planning Commission's approval of Planning Application PA -01-11, for Bill Mason, 3505 Cadillac Avenue, Building "O", Costa Mesa, authorized agent for John Heffernan, Trustee, 26 Corporate Plaza, Suite 100, Newport Beach, for a conditional use permit to construct a 3,995 -square - foot building for an oil change business within 200 feet of a residential zone, located at 3045 Bristol Street in a C1 zone. Environmental Determination: Exempt. The Affidavits of Mailing, Publishing, and Posting of the Property are on file in the City Clerk's office. No communications were received. Mayor Pro Tem Dixon indicated that she had concerns with this project's lack of compatibility with the surrounding area, and cited several examples of high-end stores ,and hotels/motels located nearby. The Associate Planner summarized the Agenda Report dated July 6, 2001. ' John Heffernan, 1971 Port. Laurent Place, Newport Beach, reviewed the history of the property, listing businesses which had been offered the property but were unable to meet the overhead. He approved of the design for the building offered by the proposed tenant, suggesting that the use is compatible. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa .Mesa, thanked Mayor Pro Tem Dixon for addressing this issue. He reported that 40 or 50 day laborers loiter at the 7 -Eleven Store adjacent to the subject property. He opposed the application, suggesting that the owner of the property could devise a better use for this location. Marylou Mendez, owner of the Chevron Station, 3048 Bristol Street, Costa Mesa, across the street from the proposed Oil Stop, opposed the application, stating that there are too many Chevron stations in the area and there would be a duplication of effort. Lif Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, supported the application because there is a need for the business. Mike Clifford, 666 West 19th Street, No. 709, Costa Mesa; and Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, opposed the application. Mr. Mansoor suggested limiting approval of these types of businesses on Harbor Boulevard and on 17th Street. Larry Dahl, 1829 Adobe Creek Drive, Petaluma, California, the developer, commented that the Oil Stop would create a positive impact on surrounding service stations. He reported that they have been recognized by the City of Santa Rosa for excellent small company development and low traffic impact. He added that an award was also received from the City of Petaluma. MOTION/Extended A motion was made by Council Member Monahan, seconded by Time Council Member Steel, and carried 5-0, to extend Mr. Dahl's time to speak. Mr. Dahl provided photographs of the rendering of the building and the landscaping, which he purported is second to none. He commented that traffic impact to the intersection is minimal, and noted that the company has definitive policies which would not allow the above-mentioned loitering. Council Member Robinson noted that the photographs on Page 14 of the Agenda Report illustrated that the landscaping is not maintained, and there are cars lined up for service. Mr. Dahl replied that the photograph depicts unimproved land adjacent to the facility, and the facility has three bays with no trellis. He reviewed the company's employee - program, and responded to questions from Council. Jeff Mayhew, 518Y2 Poinsettia, no city given, supported the application, and commended Oil Stop on their service. He showed photographs of other locations. 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 Failed to Carry Council Member Robinson, to deny Planning Application PA -01- 011 as it does not comply with Costa Mesa Municipal Code Section 13-29, specifically the proposed development and use is not compatible and harmonious with uses both on-site as well as those on surrounding properties; the planning application is for a project -specific case and does not establish a precedent for future development; and the cumulative effect of all past and present planning applications have been considered for both the subject property and surrounding properties. The motion failed to carry 3- 2, Council Members Cowan, Monahan, and Steel voting no. Council Member Steel stated that the Council cannot spot zone, and urged standards for usage, design, planning, color, _ beautification, etc. Council Member Monahan opposed the motion, noting that the Oil Stop has demonstrated that they are good operators. He observed that the business is replacing a gas station, and referred to Ms. Mendez' comments, owner of the Chevron station across the street, that she did not welcome competition. He disagreed that the use is incompatible with the neighborhood. Council Member Robinson commented that the message sent by denying this action is that Council cares about improving the City, and will take the necessary steps to do so. She noted that this facility will be located 200 feet from residences, it has four bays, and the cars lined up for service could be a LE problem. She agreed with the Mayor Pro Tem's comments. Mayor Cowan opposed the motion but questioned the compatibility issue. She observed that with this project, the 20 -foot setback landscape will be gained. MOTION/Adopted A motion was made by Mayor Cowan, seconded by Council Resolution 01-48 Member Monahan,, and carried 3-2, Council Members Dixon and Robinson voting no, to uphold the Planning Commission decision by adopting Resolution 01-48: A RESOLUTION OF THE CITY - COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -01-11, directing staff to revise the landscaping plan to substitute Costa Mesa preferred trees for palm trees. MOTION/Gave A motion was made by Mayor Pro Tem Dixon, seconded by Mayor Directions to Staff Cowan, and carried 5-0, directing staff to provide Council with an outline of what is involved in creating a specific plan for Bristol Street from Sunflower to Red Hill Avenues. RECESS The Mayor declared 'a recess at 8:10 p.m., and reconvened the meeting at 8:20 p.m. OLD BUSINESS . The Deputy City Clerk presented from the meeting. of July 2, 2001, DA -00-04 second reading and adoption of Ordinance 01-6, approving Development Agreement DA -00-04. MOTION/Adopted On motion by Council Member Monahan, seconded by Mayor Ordinance 01-6 Cowan, and carried 3-2, Council Members Dixon and Robinson voting no, Ordinance 01-6 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DA -00-04 BETWEEN THE CITY OF COSTA MESA, THE FSP TWO TOWN CENTER, AND FIFTH STREET PROPERTIES -DS., OLD BUSINESS The Deputy City Clerk presented from the meeting of July 2, 2001, Business Improve- second reading and adoption of Ordinance 01-17, amending ment Area Ordinance 95-9 to change the name of the Business Improvement Area. MOTION/Adopted On motion by Council Member Monahan, seconded by Council Ordinance 01-17 Member Steel, and carried 5-0, Ordinance 01-17 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA 'MESA, CALIFORNIA, AMENDING ORDINANCE 95-9 TO CHANGE THE NAME OF THE BUSINESS IMPROVEMENT AREA COVERING CERTAIN COSTA MESA HOTELS AND MOTELS. OLD BUSINESS The Deputy City Clerk presented from the meeting of July 2, 2001, Site Improvements second reading and adoption of Ordinance 01-19, pertaining to and Sidewalk general site improvements and sidewalk construction. Construction Council Member Robinson noted inconsistencies in the ordinance, specifically Section 13-72.1(d)(1)(i) which requires 90 percent of property owner concurrence in order to "opt out", and Section 13- 72.1(d)(4) requires two-thirds (2/3) of the property owners to "opt back in". She felt that these numbers should be consistent. The Public Services Director addressed this issue by stating that staff had chosen the two-thirds figure as reasonable for a one block segment which may desire to opt back in, and suggested that should the two-thirds figure be desired for an owner to "opt out", than the ordinance should be returned for first reading. Council Member Monahan indicated that he preferred the two-thirds figure to opt out, rather than 90 percent: MOTION/Gave A motion was made by Council Member Robinson, seconded by Directions to Staff Council Member Steel, and carried 5-0, directing staff to revise Section 13-72.1(d)(1)(i) by changing the "opt out" figure to two- thirds, retaining the "opt back in" figure, Section 13-72.1(d)(4), at two-thirds, and to bring the ordinance back to Council for first reading. OLD BUSINESS The Deputy City Clerk presented an urgency ordinance repealing Small Lot Residen- the moratorium on small lot residential developments. The tial Moratorium Development Services Director reviewed the Agenda Report dated July 6, 2001. Tom Egan, 1893 Parkview Circle, Costa Mesa, asked about the need for the "urgency" ordinance. Mayor Cowan replied that an urgency ordinance becomes effective immediately. MOTION/Adopted A motion was made by Council Member Monahan, seconded by Ordinance 01-20 Mayor Pro Tem Dixon, and carried 5-0, to adopt Ordinance 01-20, AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING INTERIM ORDINANCE NO. 00-19 IMPOSING A MORATORIUM ON SMALL LOT RESIDENTIAL DEVELOPMENTS. OLD BUSINESS The Deputy City Clerk presented from the meeting of July 2, 2001, Public Works and Public Works and Facilities Maintenance Manual. The Public Facilities Mainte- Services Director summarized the Agenda Report dated July 9, nance Manual 2001. MOTION/Approved On motion by Council Member Monahan, seconded by Mayor Pro Manual Tem Dixon, and carried 5-0, the manual was approved as presented. OLD BUSINESS_ The Deputy City Clerk presented requests for rehearing from PA-00-56/Light- Edmond Deckert, authorized agent for the Lighthouse Coastal house Coastal Community Church, 300/301 Magnolia Street, Costa Mesa; and Community Church from Paul Wilbur,. 312 Magnolia Street, Costa Mesa, concerning the City Council's decision on June 18, 2001, to adopt Resolution 01-35, upholding the Planning Commission's approval of Master Plan PA -00-56, with Condition of Approval No. 8 amended to read "no secular outdoor activities shall be permitted on any part of the church grounds between 6:00 p.m. and 7:00 a.m." Communications were received from Thomas G. Johnsen, 476 Magnolia, Street, Costa Mesa, requesting that Council rehear the Master Plan and in the process, determine a way to allow Kline School to maintain its current use of the parking area; Susan A. Kline, Kline School, 320 East 18th Street, Costa Mesa, stating reasons for Council to conduct a rehearing of PA -00-56; Maria deLeon, 308 East 18th Street, Costa Mesa, giving reasons for Council to rehear the church's request; and Lloyd Crane, 319 East 18th Street, Costa Mesa, supporting the church's request for rehearing. The Development Services Director summarized the Agenda Report dated June 25, 2001. Ed Deckert, agent for Lighthouse Coastal Community Church, reported that conditions placed upon the church have been determined to be arbitrary, discriminatory, and unconstitutional. He indicated that the church operated preschool has a right to exist under the United States constitution. He requested that a rehearing be conducted in 60 days, and presented a petition supporting that action. Mr. Deckert responded to a question from Mayor Cowan by stating that the 60 days is requested in order for the church to demonstrate their eagerness to be good neighbors. Paul Wilbur reviewed the history of this property, stating that information had been withheld regarding uses of the property. Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, observed that the restrictions on the church, such as noise, should . be applied to other problems in the City. He supported the church, stating that there should be no restrictions. Chris Mays, 12 Kialoa Court, Newport Beach, spoke in support of the church youth groups.. Michele Tizon, 317 Cabrillo Street, No. A, Costa Mesa, complained about noise from the Pierce Street Annex, and supported the church application. Mike Clifford, 666 West 19th Street, No: 709, Costa Mesa, questioned the separation of secular and spiritual activities. Tom Bazacas, Pastor of the Lighthouse Coastal Community Church, 300 Magnolia Street, Costa Mesa, commented that the church is there for everyone. He stated that they need to use their facility but not at the expense of'being a good neighbor. Motion to Grant A motion was made by Council Member Steel, to grant the Rehearing Died rehearing, and to schedule it for the meeting of September 17, 2001, precluding any discussion of the preschool and including all other issues. The motion died for lack of a second. The City Attorney confirmed with the Mayor that the subject matter for the rehearing cannot be restricted. MOTION/Granted A motion was made by Council Member Monahan, seconded by Rehearing Council Member Steel, and carried 5-0, to grant the rehearing, and to schedule it for the meeting of September 17, 2001. Council Member Robinson supported the motion, and asked for a response from staff as to whether the word "secular" was part of the motion at the meeting of June 18, 2001. OLD BUSINESS The Deputy City Clerk presented a recommendation from the Canary Drive Retain- Parks, Recreation Facilities and Parkways Commission and City ing Wall staff to design and construct a decorative retaining wall and stairway at the cul-de-sac at the south end of Canary Drive adjacent to Fairview Park, using materials and design to deter skateboarders; and staff's recommendation to designate $75,000.00 from the approved Fairview park Capital Improvement funds for fiscal year 2001-02. A communication was received from Liz and Rick McCormack, 2695 Canary Drive, Costa Mesa, opposing any plan that would allow for a ramp to be built at the south end of Canary Drive adjacent to the park. Council Member Robinson announced that she would not participate in the discussion, from a Council seat; nor the vote due to the proximity of the project to her home, and she stepped down off the dais. The Public Services Director reviewed the Agenda Report dated July 2, 2001. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, observed that utilizing a stairway may lead to Americans with Disabilities (ADA) violations. Rick McCormick, 2695 Canary Drive, Costa Mesa, expressed concern that the proposed improvements may affect the peace and relative privacy that now exist. He asked that if a stairway is determined essential, that it be constructed to the minimum size the code requires and of materials which downplay the entrance as an official one. He related his main concern that the construction of a ramp would increase noise, litter, and traffic. Robert Braun, 2721 Canary Drive, Costa Mesa, suggested that should a soil stabilization solution be utilized, that a "crib wall", which is a precise concrete element which allows for planting pockets, be used. He asked that irrigation and planting be included within the budget, and warned of the danger of the steel guardrail at the base of the slope. Robert Graham, 3260 Dakota Avenue, Costa Mesa, showed a sketch of the bikeway system, and supported construction of a ramp. He showed photographs of the trails, and encouraged providing access for everyone. Doug Sutton, 2739 Canary Drive, Costa Mesa, referred to the Canary Drive Access Study, Attachment C to the Agenda Report, Page 2, 1. Create a multi -use trail for pedestrians and cyclists which will link the remaining areas of the park to this sector and allow local community access to the Park", stressing the "local", not overall, access. He proceeded with, "2. Limit park facilities in the area of Canary Drive in order to allow access without adverse impact upon the local residents." He supported the narrowest stairs at minimal cost, fitting as closely as possible into the neighborhood. Karen Robinson, 2722 Canary Drive, Costa Mesa, did not believe that a Canary Drive entrance to Fairview Park is appropriate for a public entrance, noting specifically privacy and safety issues. She addressed the construction of a ramp, which she indicated would not be feasible nor appropriate. She asked that action not be taken at this location. Paul Bunney, Post Office Box 11024, Costa Mesa; and Eric Bever, 1046 Westward Way, Costa Mesa, supported a public entrance at Canary Drive. Paul Flanagan, 3090 Valley Circle, Costa Mesa, accused Council of attempting to ruin the Canary Drive neighborhood. The Public Services Director addressed the ADA requirements for this project, reporting that the Federal Office of the Architect, a part of the Justice Department, indicated that Canary Drive is a minor entrance to Fairview Park. He stated that they require that the park be accessible to all individuals through a major entrance, which is the east entrance at the signal. He responded to questions from Council. Motion to Approve A motion was made by Council Member Monahan, to approve the Died recommendation from the Parks, Recreation Facilities . and Parkways Commission, stipulating that the smallest stairway possible and the decorative retaining wall with the plants be constructed. The motion died for lack of a second. Wil Motion to Remove A motion was made by Mayor Cowan, seconded by Mayor Pro Can Drive Access Tem Dixon, directing staff to remove the Canary Drive access from from Fairview Park the Fairview Park Master Plan, to close off the access, and to build Master Plan Failed a vertical retaining wall which is designed in concert with the to Carry neighbors. The motion failed to carry 2-2, Council Members Monahan and Steel voting no, Council Member Robinson abstaining. Council Member Monahan opposed the motion, clarifying that access will be denied 'to local residents. Mayor Cowan stated that there will always be a question of access unless it is removed from the Master Plan. MOTION/To Remove A motion was made by Mayor Cowan, seconded by Mayor Pro Canary Drive Access Tem Dixon, to remove the Canary Drive access from the Fairview Park Master Plan, and to work with the neighbors to design a retaining wall but not construct a stairway or any other access. SUBSTITUTE A motion was made by Council Member Monahan, seconded by MOTION/Continued Council Member Steel, and carried 3-1, Mayor Cowan voting no, to August 6, 2001 Council Member Robinson abstaining, to continue this item to the meeting of August 6, 2001, and provide notice in order to hear from the adjacent neighborhood residents. OLD BUSINESS The Deputy City Clerk presented a recommendation from the Tanager Drive Bike Parks, Recreation Facilities and Parkways Commission and City Route staff to delete the Class 3 bike route on Tanager Drive, from Golf Course Drive to Canary Drive, from the Master Plan of Bikeways; consider the stairway alternative for access on Canary Drive using materials and designs to deter skateboarders; and deny the Class 1 bike trail behind the residences on Tanager Drive between Golf Course Drive and Canary Drive. The Public Services Director summarized the Agenda Report dated July 9, 2001, and responded to questions from Council. The following Costa Mesa residents opposed a Bike Trail on Tanager Drive: Karen Koder, , 1801 Tanager Drive, addressed safety issues; Lori Hoskins, 179,9 Tanager Drive; Pat Davis, 1968 Pemba Drive; Doug Sutton, 2739 Canary Drive; Michael Chun, 1803 Tanager Drive; Eleanor Egan, 1893 Parkview Circle, proposed removing the existing trail on the other side of the park; Dennis Reinholt, 1823 Tanager Drive; Jo Ann Reinholt, 1823 Tanager Drive; and a resident on Tanager Drive, no street address given. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, supported the Mesa Verde residents' comments but thought that they should speak out on other Costa Mesa issues as well. Tom Egan, 1893 Parkview Circle, Costa Mesa, commented that the bicycle people had not provided input on the trails, and thought that the Parks Commission should conduct a public meeting. Karen Robinson, 2722 Canary Drive, Costa Mesa, thought that the Tanager Drive residents had done an excellent job illustrating why the enclosed bike trail behind their homes should be removed from the Master Plan. She indicated that the trail invites trash, vandalism, theft, assault, graffiti, and raises property value concerns. She encouraged removal of the enclosed bicycle trail on Joann Street to alleviate substantial problems in that area. Robert Graham, 3260 Dakota Avenue, Costa Mesa, supported the Canary Street access. Paul Bunney, Post Office Box 11024, Costa Mesa, suggested that the City check the problems on the Joann Street bike trail daily, and supported access to Fairview Park through the bike trail. Eric Bever, 1046 Westward Way, Costa Mesa, encouraged Mesa Verde residents to support issues which involve the entire city. MOTION/To Deny A motion was made by Council Member Monahan, seconded by Bike Trails Council Member Steel, to deny the installation of a Class 1 bike trail behind the residences on Tanager Drive between Golf Course and Canary Drives, and to approve deleting from the Master Plan of Bikeways the Class 3 bike route on Tanager Drive from Golf Course to Canary Drives. SUBSTITUTE A substitute motion was made by Mayor Cowan, seconded by MOTION/Approved Mayor Pro Tem Dixon, to deny installation of the Class 1 trail, and Changes to retain the Class 3 route. The substitute motion carried 3-1, Council Member Steel voting no, Council Member Robinson abstaining. Council Member Monahan supported the motion, commending the Parks Commission for recognizing the situation. Mayor Pro Tem Dixon acknowledged that she was not aware of problems with the Joann Street bike trail, and supported retention of the Class 3 trail. RECESS The Mayor declared a recess at 10:25 p.m., and reconvened the meeting at 10:35 p.m. CITY ATTORNEY'S A motion was made by Council Member Monahan, seconded by REPORT Mayor Pro Tem Dixon, and carried 5-0, to continue the City Attorney's Report to the meeting of August 6, 2001: Request for MOTION/Continued closed session pursuant to Government Code Section 54957.6 to to August 6, 2001 discuss negotiations with the Costa Mesa City Employees Association (CMCEA), the Costa Mesa Police Association (CMPA), and the Costa Mesa Police Management Association (CMPMA). OLD BUSINESS The Deputy City Clerk presented the award of a contract to Huscroft House Alexander Associates, 2452-B North Glassell, Orange, for $174,900.00, to relocate the Huscroft House from TeWinkle Park to Fairview Park, to place the house on a permanent foundation and construct other improvements. The Recreation Manager summarized the Agenda Report dated June 4, 2001. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, suggested that the Huscroft House volunteers financially support the house instead of Costa Mesa taxpayers. Margy Johnston, 2018 Phalarope Court, Costa Mesa, thought that a sense of history is important, and supported the Huscroft House. She listed various other historical locations in the County. Richard Studenick, 1174 Atlanta Way, Costa Mesa, could not understand the purpose of spending this amount of money on a Santa Ana house which has no great historical significance to the City. He asked if the potential environmental impact of moving the house had been considered. Kristen Petros, 2135 Iris Place, Costa Mesa, commented that the house is historic as determined by the strict standards adopted by the State of California. She suggested using the house as an educational tool and a potential meeting place which could generate revenue for the City. Craig Stevens, 1845 Anaheim Avenue, Apt. 6D, Costa Mesa, recommended using the funds earmarked for the. Huscroft House for street repair and revitalizing areas of the City. Bill Huscroft, 708 ,South Puente Street, Brea, provided a brief history of the house. Ralph Morgan, Jr., 206 East 15th Street, Costa Mesa, referred to the Huscroft. House as a "boondoggle", questioning the City spending approximately $200,000.00, plus additional costs, to move a ramshackled house to Fairview Park. He suggested giving a portion of that money to the Orange County Regional Airport Authority. Tom Egan, 1893 Parkview Circle, Costa Mesa, observed that the City has grown in sophistication, and declined to comment on the Costa Mesa Job Center, addressed by Council Member Steel. Eric Bever, 1046 Westward' Way, Costa Mesa, supported relocation and renovation of the Huscroft House, and endorsed citizens from all areas in the City working together on the project. Beth Refakes, 320 Magnolia Street, Costa Mesa, supported preserving the history of Costa Mesa but questioned the historical significance of the Huscroft House for the City. She asked why funds for the house had not, been raised within the community. Robert Graham, 3260 Dakota Avenue, Costa Mesa, supported the project. Paul Bunney, Post Office Box 11024, Costa Mesa, indicated that there are other areas of the city which demonstrate a significant need for these funds. MOTION/To Award A motion was made by Mayor Pro Tem Dixon, seconded by Mayor Contract to Cowan, to award the contract to Alexander Associates, and to Alexander Associates authorize $47,500.00 in matching funds to restore the house. Council Member Monahan opposed the motion noting that the house is a gamble and could cost more money than estimated. He observed that the City has more important needs. Council Member Steel opposed the motion, reiterating the suggestion to utilize monies from sale of the Costa Mesa Job Center to relocate the house to Fairview Park. Council Member Robinson commented that the venture is expensive with a tremendous amount of unknowns. SUBSTITUTE A substitute motion was made by Council Member Robinson to MOTION/To Table table this item until ,a determination has been made as to whether Item Died the Huscroft House will be included in the Fairview Park Master Plan. The substitute motion died for lack of a second. Mayor Cowan supported the original motion, stating that the infrastructure of the City is being addressed but a sense of "community" needs attention. She declared that the Huscroft House is an opportunity for residents. The original motion failed to carry 3-2, Council Members Monahan, Robinson, and Steel, voting no. Motion to Demolish A motion was made by Council Member Monahan to demolish the Died Huscroft House. The motion died for lack of a second. MOTION/Gave A motion was made by Mayor Cowan, seconded by Council Directions to Staff Member Monahan, and carried 4-1, Council Member Robinson voting no, directing staff to make the Huscroft House available to anyone interested in moving the house to another location, and in the event that no interest is shown, that the house be demolished. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, suggested leaving the house in TeWinkle Park. Beth Refakas, 320 Magnolia Street, Costa Mesa, proposed alternate funding from the community. Eric Bever, 1046 Westward Way, Costa Mesa, asked why the City could not fund relocation of the house. Bill Huscroft, Sr., no address given, clarified the history of the house. Robert Graham, 3260 Dakota Avenue, Costa Mesa, supported fundraising for the relocation. Tom Egan, 1893 Parkview Circle, Costa Mesa, proposed better definition of the project and development of more community support. Richard Studenick, 1174 Atlanta Way, Costa Mesa, encouraged selling the house to a private entity, such as an individual or a charity organization, and suggested that this be done in a timely manner. NEW BUSINESS The Deputy City Clerk presented a resolution amending the Residential Arterial Streetscape and Median Development Standards to allow City Walls participation in the design and construction/reconstruction costs of private arterial walls, and to include these design standards for new arterial walls along residential neighborhoods: results of the Voter Opinion survey of Public Support in accepting a property assessment to fund the cost of rebuilding existing arterial block walls; and direction to staff to remove Community Objective 98- 613 from the active list. The Public Services Director reviewed the Agenda Report dated July 9, 2001, and responded to questions from Council. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, proposed enacting an arterial wall beautification ordinance. He opposed a Citywide property assessment, stating that walls may be replaced as the old ones disintegrate. Tom Egan, 1893 Parkview Circle, Costa Mesa, opposed using City funds to repair private property. He encouraged a "vision" for the City. Robert Graham, 3260 Dakota Avenue, Costa Mesa, suggested that monies earned from selling the Costa Mesa Job Center should be used to pay for the concrete blocks. MOTION/Adopted A motion was made by Council .Member Monahan, seconded by Resolution 01-49; Council Member Steel, and carried 4-1, Council Member Robinson Gave Directions to voting no, to adopt Resolution 01-49: A RESO-LUTION OF THE Staff CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE STREETSCAPE AND MEDIAN DEVELOPMENT STANDARDS; to receive and file the Voter Opinion Survey of Public Support; and direct staff to remove Community Objective 98-1313. Council Member Robinson questioned the 50 percent contribution, and expressed concern regarding enforcement in terms of "who gets to design what" relative to Sections 804 and 805. She indicated that she understood :the need to beautify the City but asked if there were some other way to do so, such as a loan program. Council Member Robinson opined that this is the use of public funds to improve private property. NEW BUSINESS The Deputy City Clerk presented a resolution implementing the Council Meeting proposed public comment card system; and consideration of an Changes additional Council meeting and/or change the starting time of the City Council meeting. Communications were received from Tom and Eleanor Egan, 1893 Parkview Circle, Costa Mesa, opposing the requirement that speakers at Council Meetings must give their addresses; Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, asserting that this item means "that citizens will have to write out their -questions on cards and pass them to a staff member, and then someone will decide which speakers will speak"; and Janice Davidson, 1982 Arnold Avenue, Costa Mesa, opposed to implementing the public comment card system. The City Manager reviewed the Agenda Report dated July 10, 2001. Paul Bunney, Post Office Box 11024, Costa Mesa, noted the importance of Council hearing community issues, and providing the citizenry with an opportunity to address the general populace. Ralph P. Morgan, Jr., 206 East 15th Street, Costa Mesa, supported the use of yellow cards, stating that he is a dedicated citizen of Costa Mesa. He objected to inhibiting freedom of speech, and opposed any change from the current system. Craig Stevens, 1845, Anaheim Avenue, Apt. 6D, Costa Mesa, commented that the citizens provide the funds for all City payroll and projects and they will not be silenced by the people who are voted into service. He supported full public comment prior to discussion of the balance of the agenda. Richard Studenick, 1174 Atlanta Way, Costa Mesa, opposed the "citizen gag rule", stating that it could abridge citizen's civil rights, noting that those lawsuits are very expensive. He encouraged Council to reexamine the proposed changes to the system, providing the public with an opportunity for review. Margaret Morgan, 206 East 15th Street, Costa Mesa, supported the use of yellow cards but objected to using them as a method of "choosing" speakers. She proposed the use of extra meetings or starting earlier in order to allow everyone interested to speak. Eleanor Egan, 1893 Parkview Circle, Costa Mesa, observed that regulating the time for public comment is not necessarily a wise thing. . The following Costa Mesa residents also opposed the proposed change to the card system: Jerry McDonald, 3024 Grant Avenue; Tom Egan, 1893 Parkview Circle; Martin Millard, 2973 Harbor Boulevard, No. 264; and Beth Refakas, 320 Magnolia Street, objected to stating and recording the address in the minutes. Council Member Monahan expressed concern that the proposed changes were considered to be restricting public comment, reporting that the survey indicates that out of 32 cities, 15 cities allow a 5 -minute time limit per speaker, and 17 allow for 3 minutes. He indicated that he will support the most open process. MOTION/Retained A motion was made by Council Member Monahan, seconded by Public Comments Council Member Steel, and carried 5-0, to retain public comments at Beginning of at the beginning of the meeting with no overall time limit. Meeting Motion to Increase A motion was made by Council Member Monahan, seconded by Speaking Time Council Member Steel, to increase the individual speaking time Withdrawn limit to 5 minutes for all agenda items. After discussion, the motion was withdrawn. Council Member Robinson indicated that she favored retaining the public comments time limit at 3 minutes, stating that it is a substantial amount of time to address an issue. She observed that the 3 -minute limit provides the flexibility to hear from more people. Mayor Pro Tem Dixon suggested that if 3 minutes is- not enough time, the residents should contact her with their concerns. Mayor Cowan supported the 3 -minute limit as being adequate and providing individuals with an opportunity to express their opinions and concerns. Motion to Change A motion was made by Mayor Pro Tem Dixon, seconded by Mayor Starting Time Failed Cowan, to change the Council meeting starting time to 5:30 p.m., to Carry to better suit the public, City staff, and Council. Council Members Robinson and Monahan preferred to retain the 6:30 starting time due to conflicting work schedules. Council Member Robinson suggested implementing other alternatives to shorten the meetings. Mayor Cowan thought that the meeting should begin earlier, arranging the agenda to consider first the Consent Calendar, second reading of ordinances and Old Business, and begin Public Comments at 6:30 p.m. Mayor Pro Tem Dixon agreed to add the above to the motion. Council Member Monahan opposed the motion, stating that the 6:30 p.m. start time has worked' for years and did not feel comfortable changing the order of business. The motion failed to carry 3-2, Council Members Monahan, Robinson, and Steel, voting no. NEW BUSINESS The Deputy City Clerk presented the 2000-2001 Fourth Quarter Community Objec- Community Objectives. tives Mayor Pro Tem Dixon addressed the odor ordinance, suggesting that it be retained in the Community Objectives, and provided staff with a list of related elements. Regarding Objective 02-D1, Technology Infrastructure Task Force, Page 43 of the Agenda Report, she asked that the estimated start date.be revised to July, 2001. Robert Graham, 3260 Dakota Avenue, Costa Mesa, likened Community Objective 02-C1 to an earlier discussion of Fairview Park. He commented on Objectives .02-C2 (Page 30), Community Objective 02-E2 (Page 53); Community Objective 00-C2 (Page Ku 23); Community Objective 98-B11 (Page 6); and Community Objective 98-1324 (Page 11). He commented that a positive attitude should be initiated by Council. Mayor Pro Tem Dixon, asked that Community Object 99-133, Page 13, be eliminated. MOTION/Received A motion was made by Council Member Monahan, seconded by and Filed Mayor Pro Tem Dixon, and carried 5-0, to receive and file the report including the above comments. NEW BUSINESS The Deputy City Clerk presented a lease agreement with Cox PCS Lease Agreement for a monopine cell phone tower at 1701 Golf Course Drive. with Cox MOTION/Approved On motion by Mayor Cowan, seconded by Mayor Pro Tem Dixon, Agreement and carried 5-0, the agreement was approved, and the City Manager was authorized to sign on behalf of the City. COUNCIL Council Member Robinson asked about the status of vending COMMENTS trucks in the City. The City Attorney replied that his office is Vending Ordinance coordinating with the Development Services Department, and is currently working on this item. Council Member Steel decried the need for standards on beautification, design, planning, and usage, to provide a "vision" for the future. Concerts in the Park Mayor Pro Tem Dixon announced that she had attended the first summer concert at Shiffer Park, featuring the Alley Cats, and approximately 300 persons were in attendance. She stated that the next concert will be held Tuesday, July 17, 2001, at Fairview Park, featuring L. A. Band. She suggested contacting the Bark Park Fundraiser Recreation Department for future events. Mayor Pro Tem Dixon announced that the Bark Park Foundation will hold a fundraiser Tuesday, July 17, 2001, at Ruby's Restaurant on 17th Street from Anti -Litter Committee 5:00 to 9:00 p.m. She indicated that the Anti -Litter Committee shows signs of being successful. ADJOURNMENT The Mayor declared the meeting: adjourned at 12:25 a.m. Mayor of the City of Costa Mesa ATTEST: T• Deputy City Ullerk of the City of Costa Mesa