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HomeMy WebLinkAbout08/06/2001 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 6, 2001 The City Council of the City of Costa Mesa, California, met in regular session August 6, 2001, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag led by Council Member Robinson, and invocation by Greg Austring, Vanguard University. 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 City Attorney Jerry Scheer Development Services Director Donald Lamm Public Services Director William Morris Administrative Services Director Steve Hayman Senior Deputy City Attorney Marianne Reger Transportation Services Manager Peter Naghavi Contract Planner Paul Deibel Deputy City Clerk Mary Elliott MINUTES Mayor Cowan announced a request to continue the minutes from July 2, 9, 16, and 28, the regular meetings: of July 2, and 16, 2001, due to requested 2001 changes and the need for additional research. A motion was made by Council Member Monahan, seconded by Mayor Pro Tem Dixon, and carried 5-0, to approve the minutes of the special meetings of July 9 and 28, 2001, as distributed, and to continue the minutes of the. regular meetings to the meeting of August 20, 2001. ORDINANCES AND A motion was made by Mayor Pro Tem Dixon, seconded by Mayor RESOLUTIONS Cowan, and carried 5-0, to read all ordinances and resolutions by title only. ANNOUNCEMENT Mayor Cowan announced that the Council Chambers are being fitted with new sound equipment, and the process will be completed by the meeting -of August 20, 2001. PRESENTATION Mayor Cowan congratulated Bob . Baumgardner, Code Employee of the Month Enforcement Officer in the Development Services. Department, on being named Employee of the Month for August, 2001, in recognition of his efforts to ensure the success and continuous improvement of the City's Code Enforcement Program, and his tireless and professional manner in assisting the community. ANNOUNCEMENTS Mayor Cowan recognized the -following dignitaries who were in attendance: former Mayor Robert Wilson; 'Fred Bockmiller, member of the Mesa. Consolidated Water District Board of Directors; and Kim Pederson, Costa Mesa Parks, Recreation 1 1 23 Facilities and Parkways Commissioner. She announced that the upcoming Community Policing Citizen's Academy will begin Tuesday, August 28, 2001, 6:30 p.m., at the Costa Mesa Police Department, and consists of a 3 -hour class each week for a period of 12 weeks. MOTION/New Mayor Cowan stated that a request was received to withdraw New Business No. 2 Business Item No. 2 from the agenda, an ordinance relating to the Withdrawn display of wild or exotic animals for entertainment or amusement purposes. A motion was made by Mayor Cowan, seconded by Mayor Pro Tem Dixon, to withdraw this item. Mayor Cowan took this as a unanimous decision. Council Member Robinson reported that she had received calls and letters regarding her not having attended the recent Airport Working Group (AWG) meeting regarding the expansion of EI Toro Airport. The Council Member explained that she had a previous obligation to attend the Redevelopment and Residential Rehabilitation (3R) committee meeting. She indicated that AWG had not confirmed the attendance of Council Members for the event and that the 3R Committee meeting had been planned well in advance. Council Member Robinson reiterated that a community event to solicit resident input on the EI Toro issued is being planned for a date in October, 2001. Mayor Cowan commented that she had been unable to attend the AWG meeting due to her attendance at one of the City's concert series at Balearic Center. PUBLIC COMMENTS Doug Sutton, 2739 Canary Drive, Costa Mesa, addressed the Arterial Walls items previously discussed at the meeting of July 16, 2001, regarding City participation in the design and construction/ reconstruction costs of private arterial walls. Mayor Cowan confirmed that the standard had been added to the Streetscape and Median Development Standards. Mr. Sutton recommended that low-cost financing be instituted by the City should homeowners have a financial problem, or finance the entire project, with reimbursement via fee transfer. Costa Mesa Libraries Donald Nicholson, 2063 Republic Avenue, Costa Mesa, supported a "proper' library system for Costa Mesa. He noted several suggestions for improvement within the current system. Council Member Robinson confirmed that the Library Services Committee report will be finalized at the next committee meeting, and will subsequently be submitted to Council. Handicap Access Janice Davidson, 1982 Arnold Avenue, Costa Mesa, suggested that a small handicap ramp be installed to improve access to the Council Chambers. She asked that she be added to the distribution list for minutes of the Costa Mesa Redevelopment Agency. "Reasonable Alterna- Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, tive Airport Initiative" indicated that an opportunity is available to change the "face" of EI Toro through a filing which has been made with the County of the "Reasonable Alternative Airport Initiative". He presented slides depicting projected adverse impacts within a one -mile area, provided reasonable alternatives, and stated that the proposed plan would have less impact than John Wayne Airport. John Wayne Airport Mildred Nicholson, 2063 Republic Avenue, Costa Mesa, expressed Expansion concern regarding the proposed expansion of John Wayne Airport, noting that property would be condemned and businesses lost. 4 Margaret Morgan, 206 East 15"' Street, Costa Mesa, reported on the recent AWG meeting, and reviewed the information provided. Ralph P. Morgan, Jr., 206 East 15th Street, Costa Mesa, thanked Council Members Monahan and Steel for attending the AWG/Orange County Regional Airport Authority meeting on Tuesday, July 31, 2001, stating that the meeting had been well attended and well received. Robert Hanley, 1601 Indus Street, Santa Ana Heights, gave a history of the annexations which will be considered under public hearings. Santa Ana Heights Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, Annexations addressed recent newspaper articles which reported recent rapes, tracing the perpetrators' history to gang activity which involved "tagging"; and a Costa Mesa Breeze article which indicated that the "Gang Ordinance" American Civil Liberties Union (ACLU) objected to the "gang ordinance". He supported "true" redevelopment as a solution to the gang problem, and endorsed the Airport Working Group who oppose the expansion of John Wayne Airport. John Feeney, 1154 Dorset Lane, Costa Mesa, commented on Costa Mesa gangs, and decried the ACLU's position on the gang ordinance. Home Ranch Project Cindy Brenneman, 1856 Elba Circle, Costa Mesa, noted the importance of public input regarding such issues as the proposed Home Ranch project: She reported that a resident group called Citizens Against Overdevelopment, consisting of board members of several Costa Mesa homeowners associations and other concerned residents, are requesting study sessions be scheduled with the Planning Commission and City Council. Martin Millard, 2973 Harbor Boulevard, No. 264, - Costa Mesa, addressed the "vision" for Costa Mesa as reported in the Costa Mesa Breeze, noting the goal of converting the City into a better "Costa Mesa by the place to live, and suggesting that the name of the City be change Sea" to "Costa Mesa by the Sea". He complained about produce trucks in the Mesa North neighborhood, as well as abandoned shopping carts which are left on virtually every street corner. Mayor Cowan replied that produce truck and shopping cart discussions are scheduled for upcoming Council meetings. Code Enforcement Dave Morley, 2027 Maple Avenue, Costa Mesa, cited a March, Problem 2001, letter from the City's Code Enforcement Division requesting that he obtain a permit for enclosing his garage, restoring it to its original configuration. He stated that the area is now a bedroom, and the two available locations where the garage could be constructed have many drawbacks. Mayor Cowan asked the Development Services Director to contact Mr. Morley to review the situation. Home Ranch EIR Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, confronted the issue of documents for the Home Ranch project which are inconsistent, including the environmental impact report. Arlene Flanagan, 3090 Bali Circle, Costa Mesa, stated that the Home Ranch project has not been approved; however, the requested list of amendments to the General Plan will be heard by the Planning Commission on August 13, 2001. She encouraged residents to speak at that meeting and to attend the meeting on the 2±0 same subject at the Mesa Verde Methodist Church, Baker Street and Mesa Verde Drive East, on Wednesday, August 8, 2001, 7:00 p.m. Ontario Airport Alan Remington, 1164 Boise Way, Costa Mesa, suggested Ontario Alternative Airport as an alternative to an expansion of EI Toro Airport and expansion of John Wayne Airport (JWA), proposing that a bullet train be installed between JWA and Ontario. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 10, Resolution authorizing the Director of Public Services to certify right-of-way projects receiving Federal funding; and Item No. 12, Award of contract for Site Walls on Harbor Boulevard, Project No. 01-05; and Budget Adjustment No. 01-104. MOTION/Approved On motion by Council Member Monahan, seconded by Mayor Pro Except Item Nos. 10 Tem Dixon, and carried 5-0, the remaining Consent Calendar items and 12 - were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Alexander Associates; Jacqueline Sue Armstrong; Scott Carr; Nicolette Robin Davis and Rachel Lynn Nelson; Sandi Logan; Steve Millen; Todd Palombo; Effie Rivera; Dmitri Romahhov; Theodore Robins Ford Rentals; and April M. Vera. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1858, funding City operating expenses for 1858 $605,072.08. Approved Warrant Warrant Resolution 1859, funding Payroll 115 for $1,726,550.04, 1859/Payroll 115 and City operating expenses for $1,440,794.06, including payroll deductions. Approved Warrant Warrant Resolution 1860, funding City operating expenses for 1860 $682,416.81. REJECTED CLAIM The claim from Christopher Heil (alleged failure to warn of a Heil change in traffic control), was rejected. ADMINISTRATIVE Baker Street Wall and Fence (from Cleveland Avenue to Babb ACTIONS/Accepted Street), Project No. 01-02, was completed to the satisfaction of the Work for Baker Public Services Director on June 29, 2001, by Frank C. Palmer, Street Wall and Inc., doing business as Palmer Masonry, 2672 Newport Boulevard, Fence, Project No. Costa Mesa. The work was accepted; the Deputy City Clerk was 01-02, by Palmer authorized to file a Notice of Completion; authorization was given Masonry to release retention monies 35 days thereafter; the cash deposit of $35,065.00 submitted in lieu of a Labor and Material Bond was ordered exonerated 7 months thereafter; and the cash deposit of $35,065.00 submitted in lieu of a Performance Bond was ordered exonerated 12 months thereafter. Accepted Street Street improvements at 2248 Harbor Boulevard were completed to Improvements at the satisfaction of the Public Services Director by EZ Lube, Inc., 2248 Harbor by 3506 West Lake Center Drive, Suite B, Santa Ana, in connection EZ Lube, Encroach- with Encroachment Permit No. PS00-00527 (DR -99-11). The work ment Permit PS00- was accepted, and the bonds were ordered exonerated. 00527 (DR -99-11) ME Awarded Bid Item Bids received for Bid Item No. 1060, Purchase of Hewlett Packard No. 1060, Computer Computer Equipment, are on file in the City Clerk's office. The Equipment, to Printer contract was awarded to The Printer Connection, 1831 West Connection Lincoln Avenue, Anaheim, for $88,781.03. Awarded Bid Item Bids received for Bid Item No. 1061, Purchase of Three BMW No. 1061, Motor- Police Motorcycles, are on file in the City Clerk's office. The cycles, to A & S contract was awarded to A & S BMW Motorcycles, 1125 Orlando Avenue, Roseville, California, for $55,430.39. Approved Extended A request was approved from Rachel L. Berg, Building Technician, Leave of Absence for for an extended leave of absence without pay through December Rachel L. Berg 31, 2001. Reappointed Mem- The following current members of the Local Law Enforcement bers to LLEBG Block Grant (LLEBG) Ad Hoc Advisory Committee were reappointed for a one-year term expiring August 5, 2002: David Brooks; David Gardner; Michael Hyams; Paul Odwald; Anthony Petros; and Craig Robinson. Ratified Signature The Mayor's signature was ratified on the lease agreement with on Cox PCS Agree- Cox PCS for a monopine cell phone tower at 1701 Golf Course ment Drive. Projects Receiving Item 10 on the Consent Calendar was presented: Resolution Federal Funding authorizing the Director of Public Services to certify right-of-way projects receiving Federal funding. Council Member Robinson indicated that the authority for 'this approval is open ended, and proposed revising the resolution to include a one-year time limit. MOTION/Adopted A motion was made by Council Member Robinson, seconded by Resolution 01-50 Mayor Pro Tem Dixon, and carried 5-0, to adopt Resolution 01-50: A RESOLUTION OF' THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE DIRECTOR OF PUBLIC SERVICES TO CERTIFY RIGHT-OF-WAY PROJECTS RECEIVING FEDERAL FUNDING, amending the resolution to stipulate that it shall be brought to Council for reaffirmation each subsequent year. Site Walls on Harbor, Item 12 on the Consent Calendar was presented: Award contract Project No. 01-05; for Site Walls on Harbor Boulevard, (Fair Drive to Princeton Drive), and Budget Adjust- Project No. 01-05; and Budget Adjustment No. 01-104. Martin ment No. 01-104 Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, thought that the price of the contract was high, and asked if the design and type of construction had been determined. He suggested using the same wall design to ensure conformity of new or replacement walls installed throughout the City. Mayor Cowan replied that the conformity issue had been added to the standards, and assured him that the contract was awarded to the lowest bidder. MOTION/Awarded On motion by Council Member Monahan, seconded by Mayor Pro Contract to Con- Tem Dixon, and carried 5-0, the contract was awarded to struction Systems, Construction Systems, Inc., 7500 Topanga Canyon Boulevard, Inc.; Approved Suite 201, Canoga Park, for $154,403.00; the Mayor and Deputy Adjustment City Clerk were authorized to sign on behalf of the City; and Budget Adjustment'No. 01-104 for $173,150.00 was approved. ANNOUNCEMENTS Mayor Cowan reiterated that New Business Item No. 2, regarding display of wild or exotic animals, had been withdrawn, and announced that Mayor Pro Tem Dixon will request a continuance of New Business Item No. 3, the odor ordinance, and she will'ask that Old Business Item No. 1, Canary Drive cul-de-sac be 1 1 continued and eventually be combined with Old Business Item No 3, Fairview Park Master Plan. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Council Elections set for the public hearing to consider direct election of the Mayor, Council elections by District, and increasing Council to seven members. No communications were received. The Senior Deputy City Attorney summarized the Agenda Report dated June 6, 2001. Council Member Monahan added that to address these items, it was not necessary to change to the full charter system, and expressed his preference that the choices be placed on the ballot for the voters to decide. Council Member Steel suggested that the item be continued to Spring, 2002, with the intent of placing it on the November, 2002, ballot in an advisory, non-binding capacity. A question and answer period ensued. Fred Bockmiller, 1872 Monrovia Avenue, Costa Mesa, opposed an election in an advisory capacity, and stated that he preferred the ballot to address these items as three separate issues. He supported elections by district. Tom Egan, 1893 Parkview Circle, Costa Mesa, asked for additional public discourse prior to taking any action. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, opposed these suggestions as a waste of money and time, and mentioned the cost to taxpayers for additional Council people. Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, thought that some change was good, and noted the benefit of districts. He commended Council Members Monahan and Steel for their foresightedness. Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, noted a lack of representation in the City, specifically regarding the airport issue. He supported additional public input on this item. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, and Doug Sutton, 2739 Canary Drive, Costa Mesa, supported placing these items on the ballot. Joel Faris, 1863 Parkglen Circle, Costa Mesa; and Doug Sutton, 2739 Canary Drive, Costa Mesa, supported the district concept. The following Costa Mesa residents supported retaining the current system: Margaret Morgan, 206 East 15th Street; Alan Remington, 1164 Boise Way, who complimented the City on the Police and Fire Departments, and the Park system; Cindy Brenneman, 1856 Elba Circle, President of Mesa Verde Community, Inc.; Janice Remington, 1164 Boise Way, who stated that she liked the current small-town arrangement; Sandra Genis, 1586 Myrtlewood Street; and Robert Wilson, 3435 Plumeria Place. There being no other speakers, the Mayor closed the public hearing. Motion to Continue A motion was made by Council Member Steel, seconded by Died Council Member Monahan, to continue discussion of this item to Spring, 2002, waiving a decision on action until that time. Council Member Monahan commented that his intention was to give the voters an opportunity to make a decision. He agreed that the items should be separated on the ballot, and believed that it was important for the voters to have a choice. Mayor Cowan opposed the motion, stating that the only way to assure broad- based discussion and debate is to further these issues in petition form. Council Member Robinson opposed the motion, and supported the use of petitions. She stated that she had utilized this method prior to her service on Council., Mayor Pro Tem Dixon opposed the motion, stating that she had been elected to represent all of the people and districts would divide the City. After discussion, Council Member Monahan withdrew his second, and the motion died. MOTION/Received A motion was made by Mayor Pro Tem Dixon, seconded by Mayor and Filed Cowan, and carried 3-2, Council Members Monahan and Steel voting no, to receive and file the report. RECESS The Mayor declared a recess at 8:20 p.m., and reconvened the meeting at 8:30 p.m. PUBLIC HEARINGS The Deputy City Clerk announced that this was the time and place set for the public hearings to consider the following: Rezone Petition Rezone Petition R-01-01, for the City of Costa Mesa, to prezone R-01-01, City of 85 acres of unincorporated territory in several county "islands" Costa Mesa proposed for annexation to the City, located within, but not including all of the area south of Mesa Drive, north of 20th Street, east of Santa Ana Avenue, and west of Tustin Avenue/Irvine Avenue. Environmental Determination: Negative Declaration. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. R-01-02/SP-01-01, Rezone Petition R-01-02 and Specific Plan SP -01-01, for the City of Costa Mesa City of Costa Mesa, to prezone 193 acres of unincorporated territory proposed for annexation to the City, located within, but not including all of the area north of Mesa Drive, east of Newport Boulevard, south of Bristol Street, and west of Irvine Avenue; and including adoption of provisions of the Santa Ana Heights Specific Plan for 53 acres of this area located west of Irvine Avenue. Environmental Determination: Negative Declaration. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Communications were received from Woodrow Lewis, Post Office Box 2286, Newport Beach, asking for the exact zoning proposed for these properties; Edwin and Arlene Hall, 1572 Indus Street, Santa Ana Heights, opposed to their property being annexed to the City of Costa Mesa; Watkins, Blakely & Torgerson, 535 Anton Boulevard, Costa Mesa, representing the Santa Ana Country Club, stating that their client opposes the annexations; Milena W. Thompson, 1602 Indus Street, Santa Ana Heights, opposing the annexations; and petitions from 90 Santa Ana Heights residents opposing the annexations. The Development Services Director and the Contract Planner summarized the Agenda Reports dated July 27, 2001, and responded to questions from Council. Jay Taylor, 2631 Pegasus Street, Santa Ana Heights, indicated that he understood that the final; decision regarding annexation will be left to the residents. Charlotte Alexander, 347 Vista Baya, Costa Mesa, addressed zoning issues, reporting that Santa Ana Avenue is a "messy" street. She blamed utility lines for the appearance of disarray, and M asked about undergrounding. Mayor Cowan reported that the zoning being considered would be as close to the current zoning as possible. Ms. Alexander supported R1 zoning on streets which are predominately R1. Council Member Robinson suggested that she circulate a petition in the neighborhood. Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, reported that the residents of Santa Ana Heights have circulated petitions which had been submitted to the City previously. He suggested rezoning the area, returning it to its original state. Jessica Ching, Sewind Drive, Newport Beach, representing Bay Point Homeowners Association, observed that in choosing to address issues of zoning, the annexation concern is excluded. She reported that she purchased her property which is served by the Newport Beach Post Office, and property values reflected that fact. She felt that rezoning would negatively influence those values. Ms. Ching presented a petition that had been signed two years prior. Council Member Robinson stated that she has not received a copy of any of the aforementioned petitions. It was determined that the petitions were circulated prior to Council Member Robinson's election to Council. Mayor Cowan explained to Ms. Ching that the County has asked the City to "clean up" the "islands" within the City. Edward Bosley, 1632 Indus Street, Santa Ana Heights, commented that he is not aware of a high-density apartment project being constructed in his area within the last five years, rather high-density, single -townhouses and condominiums are being built which are "delightful". He felt that the problems such as underground utilities will be resolved by the builders of these units. Judy Chapel, 386 Seawind Drive, Newport Beach, representing Bay Point Homeowners Association, stated that Seawind Drive is the private property of the Association, and related that a portion of her property is designated R2 Medium Density which is in error. Mayor Cowan asked the Contract Planner to investigate this matter. Daniel Moore, 1701 Orchard Drive, Santa Ana Heights, expressed dismay that the citizens were not being heard, stating they have stated their desire not to be annexed to Costa Mesa. Bob Birmingham, 346 Vista Baya, Costa Mesa, complained about the impact of two-story housing on residents in one-story homes. Chet Groskreatz, 1551 Pegasus Street, Santa Ana Heights, expressed concern regarding the City's ability to monitor any readjustment in rezoning. He worried about homeowners renting rooms which would severely impact parking. The Development Services Director indicated that the City has restrictive housing regulations, and code enforcement can address any issues of concern. Isabel Hernandez, Country Club Convalescent Hospital, 20362 Santa Ana Avenue, Santa Ana Heights, asked about the proposed zoning for one -acre parcel, owned by himself, adjacent to the hospital. Mayor Cowan replied that the proposed prezoning is R2 - MD. The Contract Planner clarified that this zoning would allow for a maximum density of 12 units per acre, which is a substantial decrease from the current restrictions. Mr. Hernandez reported that he would like a more dense zoning since he is interested in creating senior housing on this property. John Feeney, 1154 Dorset Lane, Costa Mesa, opined that Council will not clean up the Santa Ana Heights area. There being no other speakers, the Mayor closed the public hearings. Mayor Cowan proposed that direction be given to staff, and both public hearings be continued until answers are provided. She asked staff for information on the R1 lots in the Seawind Townhome area; to work with Mr. Hernandez for information on his property; and to investigate which area of single homes on single lots could legally be 'rezoned, without "spot zoning". Mayor Pro Tem Dixon asked that staff contact Newport Beach to discuss how they are allowing Mr. Hernandez to build senior housing at 24 -units per acre. Council Member Steel thought that "grandfathering" should be considered in Mr. Hernandez's case so that his economic and property values are not adversely affected. Council Member Monahan supported a continuance, especially for Rezone Petition R-01-01. Council Member Robinson said that she had been concerned about the "global zoning" in that area, thought that some of the specifics heard this evening should be taken into consideration, and asked staff to address those issues. MOTION/Continued A motion was made by Mayor Cowan, seconded by Mayor Pro to September 17, Tem Dixon, and carried 5-0, to continue the public hearing on 2001 Rezone Petition R-01=01 to the meeting of September 17, 2001, directing staff to return with the requested information and analysis thereof. MOTION/Continued A motion was made by Mayor Cowan, seconded by Mayor Pro to September 17, Tem Dixon, and carried 4-1, Council Member Monahan voting no, 2001 to continue the public hearing on Rezone Petition R-01-02, to the meeting of September 17, 2001, with the direction provided and an analysis requested. RECESS The Mayor declared a recess at 10:00 p.m., and reconvened the meeting at 10:10 p.m. ANNOUNCEMENT Mayor Cowan announced that New Business No. 5 would be heard after the next public hearing. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Newport Boulevard set for the public hearing for the Newport Boulevard Improvement Improvement Project Project, 17t to 19th Streets. The Affidavit of Publication is on file in the City Clerk's office. A communication was received from Walter Wada, 114A Cabrillo Street, Costa Mesa, owner of property at 1816 Newport Boulevard, stating that parallel parking in front of the stores is vital for business. The Transportation Services Manager reviewed the Agenda Report dated July 26, 2001, and responded to questions from Council. Mayor Pro Tem Dixon asked that staff further investigate crosswalks at street level where pedestrian bridges are constructed; eliminate left-hand turn lanes on Irvine Avenue; and create cul-de-sacs, islands, and one-way streets to eliminate an overload of traffic on the east side of Costa Mesa. She suggested that the California Department of Transportation (CALTRANS) should assist with the funding for parking meters behind establishments on Newport Boulevard should parking on the street be eliminated to ease traffic flow. 1 1 1 Tom Egan, 1893 Parkview Circle, Costa Mesa, stated that the Agenda Report is from a traffic engineering perspective, and noted the lack of participation by an economic development committee, the Planning Division, or a citizen's business committee. He suggested that the lead organization be Planning, and presented drawings. of traffic options. MOTION/Granted A motion was made by Council Member Steel, seconded by Mayor Additional Time to Pro Tem Dixon, (no vote taken), Mr. Egan was granted additional Speak time to speak. Mr. Egan proposed forming a multi -disciplinary committee to save downtown Costa Mesa, and provided handouts. Mike Nelson, regional Vice President of Discount Tire Centers, 1950 Newport Boulevard, Costa Mesa, supported Council's decisions regarding the improvements, and spoke favorably about Council's commitment to the community. There being no other speakers, the Mayor closed the public hearing. Council Member Monahan stated that the types of construction discussed would be devastating to the downtown area. He opposed changing Newport Boulevard to eight lanes; however, he supported staff's recommendations for mitigation, such as locating property for additional parking, and building pedestrian bridges. Council Member Robinson questioned the benefit of adding a seventh lane to Newport Boulevard. She thought that the short- term approach would only bring disruption. MOTION/Approved A motion was made by Mayor Cowan, seconded by Council Recommendations Member Monahan, and carried 5-0, to approve Recommen-dations (a) and (b) as contained in the Agenda Report dated July 26, 2001, requesting that a Traffic Management Ad Hoc Committee be established as soon as possible, and that further demands be made of CALTRANS to open up their pocketbook, referring to the exploration of the flyover and a tunnel for Newport Boulevard. Mayor Pro Tem Dixon supported forming a committee consisting of homeowners and businessmen, and expressed concern about approving the recommendations prior to forming the committee. Council Member Monahan anticipated that the formation of the committee would take precedence over taking further action. Mayor Cowan enumerated that the Traffic Management Ad Hoc Committee will be reestablished; the interest in extending State Route 55 will diminish; and a northbound fourth lane on Newport Boulevard will be added. She supported the staff -recommended action which addresses pedestrian linkages, maintaining the downtown area, and revitalization. Council Member Steel reiterated his interest in pursuing a tunnel for Newport Boulevard. Council Member Monahan clarified. that the motion implies immediate formation of a committee, and Mayor Cowan concurred. Mayor Pro Tem Dixon indicated that she had a problem with the approval of this item prior to further research. NEW BUSINESS The Deputy City Clerk presented a request from Mayor Pro Tem New Directions for Dixon for support of her request to the Orange County Board of Women Supervisors to defer action on the application by "New Directions for Women" for a community care facility at 2596 Willo Lane pending City annexation. A communication was received from Kim E. Newett, 2592 Willo Lane, Costa Mesa, opposing a conditional use permit for the single-family residence at 2696 Willo Lane, for use as a drug and alcohol recovery group home for women with approximately 38 beds. Mayor Pro Tem Dixon summarized the Agenda Report dated August 2, 2001, asking Council to support forwarding a letter to the Board of Supervisors requesting that they not consider any land. use applications or actions for any property that is awaiting annexation. She responded to a question from Council Member Monahan by clarifying that her intention is to ask Mayor Cowan to write the letter on behalf of the Council. The City Manager added that the request would ask the County not to process any "discretionary" land !use approvals. The following persons spoke on behalf of New Directions for Women, and as requested by th'e Mayor, addressed only the issue of whether or not the Council should ask the County to defer action: Jan Christie, 334 University Drive, Costa Mesa, Executive Director of New Directions for Women; Dr. Ruth Stafford, 505 Allview Terrace, Laguna Beach; Becky Stewart, no address given, Business Director for New Directions for Women; a consultant for New Directions, no address given; Sally Frei, 2495 Santa Ana Avenue, Costa Mesa;'Leslie Lehrbass, 1924 Maple Avenue, No. 3, Costa Mesa; Kristina Wright, 345 University Drive, No. K4, Costa Mesa; Allison Wilder, 413 Costa Mesa Street, Costa Mesa; Georgia Salvino, 1807 Port Kimberly Place, Newport Beach; Grant McNiff, 1672 Tustin Avenue, Costa Mesa; Carole Englund, 24172 Paseo del Campo, Laguna Niguel; Kathleen Jimenez, 345 University Drive, No. J-1, Costa Mesa; Nancy Reaves, 2618 Willo Lane, Costa Mesa; Tiffany Reaves, 2610 Willo Lane, Costa Mesa; Carolyn Beaver, 2306 Port Carlisle, Newport Beach, Chairman of New Directions for Women; a resident of Newport Beach; a Costa Mesa resident; and Bianca Jimenez, no address given. Jennifer Stockland Crandall, 2585 Willo Lane, Costa Mesa, urged support of Mayor Pro Tem Dixon's request to defer action on the application. MOTION/Supported A motion was made by Mayor Pro Tem Dixon, seconded by Request to Board Council Member Steel, to support the request to the Board of of Supervisors Supervisors to defer action on the application until the land is annexed. Council Member Steel supported the motion, stating, however, that New Directions for Women is an outstanding program. He expressed concern regarding surrounding property values. Mayor Cowan opposed the motion, indicating that the matter is procedural at this time. Council Member Monahan supported the motion, stating that it is an' important question for the. City to have answered. Council Member Robinson requested that if it is voted to proceed with the letter, that it "not single out any particular areas but more generally speak to the issue of having this Council address properties that would be annexed to us and not have the County do it while they are up in limbo." The maker of the motion agreed with Council Member Robinson's point. The motion carried 4-1, Mayor Cowan voting no. RECESS The Mayor ,declared a recess at 12:15 a.m., and reconvened the meeting at 12:20 a.m. OLD BUSINESS The Deputy City Clerk presented from the meeting of July 16, Canary.Drive Decora- 2001, a recommendation from the Parks, Recreation Facilities and tive Wall and Stair- Parkways Commission and City staff to design and construct a way 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 1 1 1 33 recommendation to designate $75,000.00 from the approved Fairview Park Capital Improvement funds for fiscal year 2001-02. Communications were received from Robert Graham, 3260 Dakota Avenue, Costa Mesa, insisting that a ramp is needed at the south end of Canary Drive, along with the proposed stairway; Robert Braun, 2721 Canary Drive, Costa Mesa, supporting the design recommended by staff .and the Parks, Recreation Facilities and Parkways Commission; and a message from Liz McCormack, 2695 Canary Drive, Costa Mesa, who was present earlier, was unhappy about the order of the agenda being changed, and had to leave. Council Member Robinson stepped down from the dais since this item pertains to her neighborhood. Mayor Cowan indicated that her interest was to "fold this in" to the issues related to Old Business No. 3, Fairview Park Master Plan review. She explained that all issues should be considered together, and asked for this item to be continued. Doug Sutton, 2739 Canary Drive, Costa Mesa, thought that the decision should be made at this meeting, separate from that of Fairview Park. He communicated his request for minimal stairs and a decorative retaining wall. He reviewed several park issues. Karen Robinson, 2722 Canary Drive, Costa Mesa, reiterated that what the neighborhood residents think would be appropriate as the entrance does not prohibit the public from access. She felt that the Americans with Disabilities Act (ADA) question had been resolved by the City Attorney. Motion to Approve A motion was made by Council Member Monahan to approve the Recommendations recommendations provided by the Parks, Recreation Facilities and Died Parkways Commission. The motion died for lack of a second. MOTION/Combined A motion was made by Mayor Cowan, seconded by Mayor Pro Items Tem Dixon, and carried 4-0, Council Member Robinson abstaining, to fold this item in with the Fairview Park Master Plan review. OLD BUSINESS The Deputy City Clerk presented first reading of Ordinance 01-19, Site Improvements pertaining to general site improvements and sidewalk construction. and Sidewalks MOTION/Gave A motion was made by Council Member Monahan, seconded by Ordinance 01-19 Mayor Pro Tem Dixon, and carried 5-0, to give Ordinance 01-19 First Reading first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13, CHAPTER V, ARTICLE 9, SECTIONS 13-70 ET SEQ. OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO GENERAL SITE IMPROVEMENTS AND SIDEWALK CONSTRUCTION. Second reading and adoption are scheduled for the meeting of August 20, 2001. OLD BUSINESS The Deputy City Clerk presented the Fairview Park Master Plan Fairview Park Master review: Plan Review Direct staff to conduct a public workshop to determine the level of community support for the Fairview Park Master Plan, and authorize a maximum of $4,000.00 from budgeted Fairview Park capital improvement funds to provide consultant staff support at the meeting. Direct staff to conduct a public hearing at the next available Parks, Recreation Facilities and Parkways Commission meeting to address the input received from the public workshop. Direct the Commission to provide a recommendation to the City Council regarding the adequacy of the Fairview Park Master Plan based on input provided at the public workshop and the Commission hearing. Communications were received from Dennis Dininger, 766 West Wilson Street, Costa Mesa, requesting a reply on his suggestion to build a skateboard park in Fairview Park; Tim Cromwell, 2029 Swan Drive, Costa Mesa, requesting that Council proceed with the amended master plan; Doug Sutton, 2739 Canary Drive, Costa Mesa, containing a job description for Fairview Park which addresses the concerns expressed by Council at previous meetings; and Chris Huey, 2006 Swan Drive, Costa Mesa, opposed to hiring a naturalist for Fairview Park. Doug Sutton, 2739 Canary Drive, Costa Mesa, asked Council to reject the recommendations and alternatives suggested by staff; and vote tonight to approve funding for a part-time naturalist Fairview Park manager under a three-year contract, who shall report to Council. He felt that the problem with the previous park plan was that it had not been sold to the community. Sandra Genis, 1586' Myrtlewood Street, Costa Mesa; and Jan Vandersloot, Newport Beach, concurred that a part-time naturalist should be retained as soon as possible, and opposed reopening the master plan issue. MOTION/Gave A motion was made by Mayor Cowan, seconded by Council Directions to Staff Member Steel, and carried 5-0, to reaffirm the Fairview Park Master Plan, directing staff to initiate the development of a scope of work, or job classification, for a naturalist, either contract (so that Council has the opportunity to choose a contractor), or staff, and return to Council with alternatives, including contract, or staff, and part time or full time; proceed using Doug Sutton's timetable as outlined in his communication :of August 1, 2001, regarding the hiring or contracting, giving him an opportunity to get to know the park, and utilizing, that person to conduct the public workshop process. OLD BUSINESS The Deputy City Clerk presented the third amendment to the Third Amendment agreement with Kimley-Horn and Associates, Inc., 2100 West to Agreement for Orangewood Avenue; Suite 140, Orange, for the Santa Ana River SARX Study Crossings (SARX) Study. MOTION/Approved On motion by Council Member Monahan, seconded by Mayor Amendment Cowan, and carried 5-0, the amendment was approved, and the Mayor and Deputy City Clerk were authorized.to sign on behalf of the City. NEW BUSINESS The Deputy City Clerk presented Planning Application PA -01-12 PA-01-12/Emmes, for David Emmes, authorized agent for South Coast Repertory, for South Coast Reper- a Master Plan Amendment to construct an approximately 34,000 - tory square -foot addition containing a 336 -seat auditorium, stage, and ancillary support space; with an amendment to preliminary Master Plan. PA -00-38, to allow 3 stories (2 stories permitted), located at 655 Town Center Drive in a TC zone. Environmental Determination: Final Program EIR No. 1047; and a request from 1 1 1 �k ,0 South Coast Repertory Theatre to waive all City fees associated with permit processing and transportation improvements. Martin Benson, Artistic Director, South Coast Repertory, 655 Town Center Drive Costa Mesa, reported that the new building will be an asset to the community, and elaborated on scheduled programming for youth. He discussed the "naming" possibilities, specifically the "wall of donors" for those who contribute to the fund raising. Council Member Robinson asked if "Costa Mesa" could be more prominently mentioned. Mr. Benson replied that they would entertain any and all opportunities to identify the City. MOTION/Adopted A motion was made by Mayor Cowan, seconded by Mayor Pro Resolution 01-51; Tem Dixon, and carried 5-0, to adopt Resolution 01-51: A Approved Waiver of RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Fees MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -01-12, and to approve the request for the waiver of fees, directing staff to explore opportunities with South Coast Repertory for prominent display of the Costa Mesa name. NEW BUSINESS An ordinance was presented which repeals and replaces Section Performance Stan- 13-54(a) and amending Table 13-30 of the Costa Mesa Municipal dards for Industrial Code regarding performance standards for industrial districts. Districts MOTION/Continued A motion was made by Council Member Robinson, seconded by Council Member Steel, and carried 5-0, to continue this item to such time as Mayor Pro Tem Dixon determines it is appropriate. NEW BUSINESS The Deputy City Clerk presented the following General Plan General Plan Amend- Amendment Screening Requests: ment Screening Requests Robert Stanbrook, 504 Calle Malaguena, San Clemente, for 1900 and 1904 Federal Avenue. Wendi Chai, American Maxim Center, LLC, 4136 East Hillsborough Avenue, Orange, for 2651 Irvine Avenue. Terry E. Tornek, Hudson Properties, 646 South Hudson Avenue, Pasadena, for 1901 Newport Boulevard. Communications were received from Anne Stanbrook, opposing the recommendation to change the land use designation for 1900 and 1904 Federal Avenue to Low Density Residential; and two letters from Terry E. Tornek, Hudson Properties, 646 South Hudson Avenue, Pasadena, supporting his request for a higher Floor Area Ratio (FAR) and residential density for property at 1901 Newport Boulevard. The Development Services Director responded to questions from Council. MOTION/To Accept A motion was made by Council Member Monahan, seconded by Stanbrook and Chai; Council Member Robinson, to accept the General . Plan to Reject Tornek Amendment Screening Requests for Robert Stanbrook and Wendi Chai; and to reject the request from Terry E. Tornek. Mayor Cowan opposed the motion, stating that she would like to give the owners of 1901 Newport Boulevard the opportunity to meet the City's standards, possibly by reducing the height and the FAR. MOTION/Accepted A motion was made by Council Member Monahan, seconded by Stanbrook for Mayor Pro Tem Dixon, and carried 5-0, to accept the Screening Processing Request from Robert Stanbrook for processing. MOTION/Accepted A motion was made by Council Member Monahan, seconded by Chai for Processing Mayor Pro Tem Dixon, and carried 5-0, to accept the Screening Request from Wendi Chai for processing. MOTION/Rejected A motion was made by Council Member Monahan, seconded by Tornek for Proces- Council Member Robinson, to reject the Screening Request from sing Terry E. Tornek, Hudson Properties. Council Member Robinson stated that she was pleased that the intent was to construct a housing element in this location but thought that the density is too high. Council Member Steel supported the motion because of the density issue. Council Member Monahan opposed housing in this area, noting that it would have to come back in a different form. An unidentified speaker indicated. that he understood that the screening process was a preliminary hearing at which input would be given to Council and staff prior to proceeding. He was under the impression that there was a desire on the part of the Council for residential activity and multi -use activity as a part of the downtown plan. He stated that additional commercial/retail development will not be viable for the site because of traffic concerns. Council Member Monahan expressed his desire for a successful project on this site. He recommended that dialogue be started with Council Members to determine their vision. SUBSTITUTE A substitute motion was made by Mayor Cowan, seconded by MOTION/To Accept Council Member Steel, to accept the request for processing with Tornak for Pro- directions to staff and to the applicant to reduce the height, reduce cessing the FAR, and reduce intensity. The substitute motion failed to , carry 3-2, Council Members Monahan, Robinson, and Steel, voting no. Mayor Cowan stated that the motion does not lock in apartments nor home ownership. Council Member Robinson opposed apartments at that location but supported home ownership opportunities. She objected to staff spending their time on a project proposing apartments. The original motion to reject the request carried 3-2, Council Members Dixon and Cowan voting no. CITY ATTORNEY The City Attorney presented from the meeting of July 16, 2001, a REPORT Request for request for closed session pursuant to Government Code Section Closed Session: 54957.6 to discuss negotiations with the Costa Mesa City Negotiations with Employees Association (CMCEA), the Costa Mesa Police CMCEA, CMPA and Association (CMPA), and the Costa Mesa Police Management CMPMA Association (CMPMA). Mayor Cowan announced that closed _ session would be held at the conclusion of regular business. COUNCIL Council Member Robinson announced that the Human Relations COMMENTS/Human Committee is hosting its first community picnic on Sunday, August Relations Picnic 19, 2001, at Fairview Park. She reported that the Home Ranch Project has not yet been approved by Council or the Planning Home Ranch Commission. She encouraged those interested in the project to attend these meetings. She asked the status of the vending truck Vending Trucks issue. The City Manager replied that this item will be discussed at the August 13, 2001, study session, at 4:30 p.m. At Council ti John Wayne Airport Member Robinson's request, the City Manager reported that he has been in touch with the County on the EI Toro Reuse Process and with John Wayne Airport people, and there is willingness by both parties to come and make a presentation. He is anticipating scheduling the presentations in Fall, 2001. Home Ranch Council Member Steel complimented Dr. Flanagan who forwarded information on Home Ranch. He suggested placing on a study session agenda, standards on design, usage, and color. He complained that contracts are being let for the Home Ranch, a project which has not yet been approved. Mayor Pro Tem Dixon asked the status of the encroachment issue at Fairview Park. The Public Services Director responded that the matter is tentatively scheduled for one of the September Council meetings, waiting for a final response from the County on a restriction clause in the deed. ADJOURNMENT TO At 1:20 a.m., Mayor Cowan adjourned. the meeting to a closed CLOSED SESSION session in first floor Conference Room A to discuss the item previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 1:45 a.m., and the action RECONVENED taken during closed session was announced. Gave Status of Regarding negotiations with the Costa Mesa City Employees Negotiations Association (CMCEA), the Costa Mesa Police Association (CMPA), and the Costa Mesa Police Management Association (CMPMA), the Administrative Services Director discussed the status of the labor negotiations. ADJOURNMENT The Mayor declared the meeting adjourned at 1:50 a.m. Mayor of the City of Costa Mesa ATTEST: A'a-�7- ��� Deputy Ci Clerk of the City of Costa Mesa 1