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HomeMy WebLinkAbout10/29/2001 - City Council Special MeetingSPECIAL MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 29, 2001 The City Council of ;the special session October Chambers of City Hall, i was called to order ; by Allegiance to the Flag invocation by Rick Hardy, City of Costa Mesa, California, met in 29, 2001, at 5:30 p.m., in the Council 7 Fair; Drive, Costa Mesa. The meeting the Mayor, followed by the Pledge of led by Council Member Robinson, and Vanguard University. ROLL CALL Council Members Present: Council Members Absent: Mayor Libby Cowan Mayor Pro Tem Linda Dixon Council Member Gary Monahan Council Member Karen Robinson Council Member Chris Steel Officials Present: ;City Manager Allan Roeder :City Attorney Jerry Scheer ;Development Services Director Donald Lamm Planning & Redevelopment Manager Mike Robinson !Senior Planner Kim Brandt Transportation Services Manager Peter Naghavi ;Deputy City Clerk Mary Elliott 1 PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Segerstrom Home from the meeting of October 151, 2001, to consider the Segerstrom Ranch Home Ranch. The 93 -acre site is currently used for agricultural purposes with a limited number of buildings, and the site is bordered by Sunflower Avenue to the north, San Diego Freeway (1- 405) to the south, Fairview Road to the east, and Harbor Boulevard to the west in the Cityof Costa Mesa. The City Council will consider the following items: EIR No. 1048 Final Program Environmental Impact Report No. 1048 for Segerstrom Home Ranch. GP -00-05 General Plan Amendment ' GP -00-05, to amend the 1990 General Plan text and figures; to change the land use designation from Industrial Park and Medium Density Residential to High Density Residential, Industrial Park, and Commercial Center on 93.34 acres; establish a site-specific floor area ratio of 0.41 for the Commercial Center component; establish a site-specific density of 29 dwelling 'unit's per acre for the High Density Residential component; increase the trip budget; increase maximum buildingjarea (961;,060 square feet of industrial uses and 366 dwelling ,units allowed; 791,050 square feet of office - and office -related uses, 252,648 square feet of industrial uses, 308,000 square feet of retail uses (IKEA), and.464,dwelling units proposed); amend: the Master Plan of bikeways to delete the proposed grade -separated bike trail undercrossing of the 1-405 Freeway and related links between Gisler Avenue ,and South Coast Drive. SP -00-02 Specific Plan Amendment SP -00-02, to amend the North Costa Mesa Specific Plan to increase the size of Area 1 (Home Ranch) to include the 30.5 acres located north of South Coast- Drive; 1 L7 1 modify Area 1's land use designations, trip budget, maximum allowable floor area ratio and building square footage, and development standards. R-00-02 Rezone Petition R-00-02, to rezone 93.34 acres from Planned Development Industrial (PDI) and Planned Development Residential -Medium Density (PDR -MD) to Planned Development Industrial (PDI), Planned Development Commercial (PDC), and Planned Development Residential -North Costa Mesa (PDR - NCM). PA-99-34/ZA-01-36 Master Plan PA-99-34/Minor Conditional Use Permit ZA-01-36, for a final master plan to allow the construction of a 308,000 square -foot retail, 45 -foot tall building (IKEA) located at the southeast corner of Harbor Boulevard and South Coast Drive, with a minor conditional use permit to allow compact parking spaces. DA -00-01 Development Agreement DA -00-01, to establish a development agreement for the Segerstrom Home Ranch project. Communications in favor of the project were received from Costa Mesa residents Merl L. Cornelius, 925 Tanana Place; two from Jim and Kellie Bieber, 3028 Royce Lane; Bill Nycofm, no address given; Jack Ross 1865 Swan Drive; Rod Savely via email; Scott Westerfield and Edward Miskevich, no address given; and Doug Sutton, 2739 Canary Drive. Communications opposed to the project were received from Costa Mesa residents Laurie Stoutenborough, 205 Flower Street; Ambika Hanna, 3111 Platte Drive; Marvel Aeschliman, 3102 Platte Drive; Douglas Morrow, 3023 Royce Lane; James and Geraldine Peterson, 1791 Tanager Drive; Ross Stoutenborough, 205 Flower Street; Herman A. Singer, 2848 Velasco Lane; Laura Rakunas, 1781 Tanager Drive; and Dottie Jones, 166 Magnolia. Additional communications were received from Costa Mesa residents John Anderson, 1657 Labrador Drive, who favors the project, except for IKEA; and Tim Cromwell, 2029 Swan Drive, who asked that the decision be made based on quality, not on a bribe to the school district. Anastasia Christman, representing SEIU Local 1877, 1247 West 7th Street, Los Angeles, reported that the local represents approximately 3,500 workers throughout Orange County, including janitors, and stadium and arena workers. She stated that the center of their mission is a deep commitment to build a better life for working families, that nearly 1,100 workers fall within a 3- to 5 -mile radius of the proposed Segerstrom Home Ranch Project, and 60 of these families make their homes within Costa Mesa proper. She added that these families are concerned about how the increased air pollution will affect their health and that of their children, they worry that increased traffic will make already difficult commutes even more onerous, fearing that such a large project, which will employ many workers in non -managerial positions, will lead to an increase in overcrowding, and decreased health and safety for their neighborhoods. Michael Wall, Counsel for SEIU Local 1877, Altshuler, Berzon, Nussbaum, Rubin and Demain, 177 Post Street, Suite 300, San Francisco, thanked Council on behalf of Local 1877 for the opportunity to present their concerns. He discussed the EIR process, traffic congestion and air pollution impacting the quality of life of the citizens, and some of the conclusions reached in the EIR. He addressed the predictions in the Traffic Impact Analysis, stating that they are only assumptions; and not precise conclusions. He commended staff on their hard work on the EIR, and providing the information he requested. Mr. Wall felt that the EIR did not consider the IKEA phase of the project's impact on weekend traffic, giving examples of the structural problem with the traffic analysis, and he was concerned with ;air pollution. Mr. Wall suggested that the developer go back and determine what can be done to reduce air pollution in order 'to: come into compliance with Federal Law. Another concern discussed by, Mr. Wall dealt with the lack of affordable housing in the City for the number of workers needed for this project. Council Member Robinson asked about the Santa Ana River Crossings (SARX) study, and the Home Ranch study relating to the level of service at various intersections. Mr. Wall responded that he did not have the information with, him at this time. Mayor Cowan asked Mr. Wall if he is employed by SEIU, and was told that he is an outside counsel. She then asked for clarification on the traffic issues raised, his concerns being related only to IKEA, why SEIU would be 'involved in a City's land use decision, and finally, if SEIU is getting involved only because of an attempt by SEIU to unionize a company that works for Segerstrom. Mr. Wall stated that he could not answer all of these questions since he is merely outside counsel for SEN and does not follow all projects involving SEIU. He denied that:he is involved for any other reason than environmental issues. Mayor Pro Tem Dixon asked if there were any other projects in Orange County where, Mr. Wall,, or his firm, represented SEIU. Mr. Wall could not answer for his firm, but stated that he had not represented SEIU in Orange County prior to this project. Mayor Pro Tem Dixon asked Mr. Wall to explain how cities work together when they consider pollution, what one city is building versus what another ;city is building. Mr. Wall stated the South Coast Air Quality Management District covers the entire South Coast Air Basin, and other cities would be using the same standards. Mayor Pro Tem Dixon wanted clarification on funds being cut if traffic was not mitigated throughout the County. Mr. Wall responded that it is a�,result of the Federal Clean Act Amendments of 1990, which requires that areas come into compliance. Juana Hernandez, 3700 South Plaza Drive, #EPH-11, Santa Ana, a member of Local 1877, lives and works in the community, and is very concerned about affordable housing availability, excess traffic, and air pollution due to this project. RECESS The Mayor declared 'a recess at 6:30 p.m., and reconvened the meeting at 6:40 p.m. Robin Leffler, 3025 Samoa Place, Vice President of Costa Mesa Citizens for Responsible Growth (CMCRG), gave a demonstration on the effects of over development, and increased smog and traffic. She commented that Segerstrom is not hearing what the community is saying regarding this project, which is that citizens do not support it. Paul Flanagan, 3090 Bali Circle,; spoke about the increase in traffic, the traffic impact fees; increase; in smog, fewer dwelling units than 1 1 1 that required in the General Plan, the problem with the jobs/housing ratio, and the risk of closing the Fire Station at Royal Palm Drive and Adams. Avenue. He also commented on the new jobs being generated, the lack of affordable housing in the City, and the increase in police and fire costs. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, presented information regarding the Floor Area Ratio, land use, traffic problems that have been confirmed by a letter from CALTRANS, the job/housing imbalance, flood control problems that could become an issue if this project is approved, and the vacancy rate which should be 5 percent, but in Costa Mesa is 2.97 percent. Jay Humphrey, 1620 Sandalwood, showed photographs of the traffic on the northbound 1-405 Freeway. As to the IKEA store, he had a list of 25 existing stores in Costa Mesa that sell the same types of items sold at IKEA, and commented on the loss of revenue to existing stores when IKEA opens. He mentioned that the Development Agreement being proposed affects this property for 20 years. Mr. Humphrey gave a demonstration on the traffic problems that will result if the project is approved. Brent Neumeyer, 3158 Kerry Lane, addressed the endowment to the Newport -Mesa Unified School District that is being offered in the Development Agreement. He referred to the budgets for Costa Mesa High School, Estancia High School, and TeWinkle Intermediate School, stating that the money being offered by Segerstrom is not enough to make a significant difference. He suggested removing the endowment from the Development Agreement. Gene Hutchins, 1808 Kinglet Court, a member of the General Plan Steering Committee from late 1987 through 1992, thought that the objection to the project is mostly because it is too close to housing, as opposed to South Coast Plaza's location where residential areas are not impacted. He discussed the traffic problems now and in the future, and questioned staffs recommendation for the project. Mr. Hutchins opposed construction of the Gisler bridge. RECESS The Mayor declared a recess at 8:20 p.m., and reconvened the meeting at 8:30 p.m. Robin Leffler, 3025 Samoa Place, reiterated the position of the CMCRG (Costa Mesa Resident for Responsible Growth), that is, the project is excessive and not in compliance with goals, policies, and objectives of the Costa Mesa General Plan. Sidney Gielow, 3018 Samoa Place, commented on the redevelopment of the west side, stating that the bluff area is an ideal location for high quality residential development, instead of the existing businesses which is a misuse of the land. She suggested moving warehouses and industrial buildings .to the Home Ranch site, and stated she was able to obtain 675 signatures on a petition in a relatively short time from citizens of Costa Mesa against over development. Herman Singer, 2848 Velasco Lane, was concerned about diesel delivery trucks making 14 trips per day causing an excessive amount of pollution, and the high amount of traffic this project will generate. Don McGee, 20701 ''Beach Boulevard, Huntington Beach, who works in the City of Costa Mesa, stated that there is not enough affordable housing in Costa Mesa. Alan Mansoor, 2973 Harbor Boulevard, asked Council not to throw out the General Plan for the following reasons; Segerstrom and the citizens of the community have had input in constructing the General Plan, and to: stray from it would give the Segerstroms the status of "special interest", and if it is done for the Segerstroms, it would have to be done for everyone. He admitted that people should be able to do what they Want with their land, but it should be within reason. Mr. Mansoor thought that this project would have a negative affect on the;'people who live in the surrounding areas, and all of Costa Mesa. He suggested that the project would cause an increase in traffic, and'bring in too many low-level jobs. Ed Keane, 2777 Lorenzo Avenue, stated that traffic on Fairview Road and Adams Avenue is already grid locked on Saturdays and Sundays, and asked if a study ';has been done for this intersection on the weekend, since he could not find any such reference in the EIR or in the addendum report. Paul Bunney, Post Office Box 11024, mentioned the technical problems on Channel:,74 during the previous Council meeting. He complained that the Web page was not updated to reflect the time change of the Council, meeting from 6:30 p.m. to 5:30 p.m., and was unavailable today due to a power outage at City Hall. Mr. Bunney was concerned about people loitering at the 7-11 store near the Job Center at Placentia Avenue and; 17th Street. He was in favor of the IKEA store at the proposed location, even if it will cause an increase in traffic. Doug Sutton, 2739 Canary Drive, stated that he would like more than four minutes to speak, and requested 45 minutes. Mayor Cowan advised Mr. Sutton that he could submit his request in writing for the Council oto review. Del Heintz, 1151 Aviemore Terrace, member of "Costa Mesa United" requested an opportunity for this group to speak for an hour at the meeting of November 5, 2001, to respond to CMCRG's comments of this evening. Mayor Cowan responded that these requests had been previously planned out, and thatIonight's meeting was designated to give any organization the opportunity to speak as CMCRG and SEIU did. She stated that since no other organization came forward to request extra time, the only opportunity tonight would be for'each person to speak for four minutes. Mr. Heintz stated that the process confused him, as his group represents all portions of the community, and asked for an equal opportunity to present;their case for the project. Mayor Cowan asked if there were any other groups in the audience requesting time, but no one responded. Mayor Cowan then asked for input from other Council Members on this request. Council Member Monahan asked the City Attorney to look into the freedom of speech issues, as to equal access and discrimination, and get back to Council as soon as possible with a response. He stated that there are 'several other Homeowners Associations who may also want time which could become a never-ending debate. Mayor Pro Tem Dixon agreed with Council Member Monahan's comments, stating she has never heard of these groups before tonight. Council Member Robinson concurred with the thoughts of Council Members Monahan and Dixon, stating that discussion on this project has been going on for quite a long time. She felt there was a substantial danger that this hearing will never be completed because everybody sitting at home will decide they are a "new group", and will want to come down and speak to Council either pro or con. She added that Council also needs to be sensitive of all who want to speak and thought an extended time period would be appropriate. Council Member Monahan stated that it did not matter whether it was a new group or an established group, because the opportunity to speak must be the same for everybody, and Council needs to be careful. Mayor Cowan requested the City Attorney to complete an opinion for Council on the issue of whether or not additional speakers can be given additional time, and to bring the information to the November 5, 2001, Council meeting. The City Attorney reported that Mr. Sutton was able to give a copy of his statement to the Council Members, and it will be made part of the administrative record of the meeting. He was unsure if the other individuals have their information in writing to be submitted for the record and to be distributed to the Council Members and staff, which might be something that they would consider a compromise. The City Attorney suggested adding 10 or 15 minutes tonight rather than bringing it back on November 5, 2001. Mayor Cowan confirmed that she would rather have the City Attorney return with a report on this issue, and Council would then advise Mr. Sutton and Mr. Heintz of their decision. Mr. Heintz stated that he is not trying to waste the Council's time, but really feels they have legitimate positions which are important for the community and Council to hear. Mr. Heintz advised that the ten people in his group have all lived in Costa Mesa since the 1950's, they are new as an "official" group, but not new when it comes to residency and citizenship. Robert Graham, 3260 Dakota Avenue, resented people from outside Costa Mesa, such as Attorney Wall, coming in and trying to "run the show". Regarding traffic, Mr. Graham stated that it is only one issue, as opposed to the amount of revenue that will be brought into Costa Mesa. He also believed that if there were a bridge built over Harbor Boulevard from Triangle Square to the Courtyards, there would be more business at these two shopping areas. Mr. Graham thought that the citizens should appreciate what the Segerstroms have brought to Costa Mesa, and allow them to go ahead with the Home Ranch project. Mayor Cowan announced that the public hearing would be continued to the meeting of November 5, 2001. ANNOUNCEMENT Mayor Cowan asked staff to provide the following information at the next meeting: a detailed response to traffic issues; on the SARX study, use the Gisler bridge in the traffic modeling until such time as it has been removed from the Master Plan so that other traffic s 1 conclusions can be made; the number of General Plan amendments that have been approved since the General Plan was adopted in 1992. Regarding the relationship IKEA has with The Irvine Company in Tustin, the Mayor asked for clarification of the issue on sharing tax revenues, etc. Relative to the entire question of jobs/housing balance the Mayor asked about the reduction in housing density in the 1990 General Plan, what it was before, and as a result of the General Plan, what additional reductions in densities occurred since that time until today. Council Member Robinson asked about the trip budget and how discarding it would affect the, Home Ranch project under the General Plan. She ;requested; additional information about floor area ratios for some iof the surrounding industrial parks and that which could be applied to Home Ranch. She also asked for clarification of staff's opinion, on proposed mitigation for the job/housing balance. She asked for further clarification on the Times building's railroad stops that were discussed earlier, for example, are there toxins, and is there anything that would prevent construction of housing on that part of the project. She wanted clarification on staff's; use of acreage versus percentage of use relating to the job/housing balance. Council Member Robinson was concerned about the conflict of including the Gisler Bridge relating to traffic issues with the understanding that the bridge will not be constructed, and asked how traffic figures can be accurate when the bridge will not be there. She asked for more information on weekend traffic and how it will be mitigated. Regarding the Segerstrom's comments about the General Plan creating a permanent deficit for the City, and statements in opposition to those comments, Council Member Robinson asked staff to clarify this issue. She also asked if a fire: station is required for this project, and if so, does that mean that the one on Royal Palm Drive will be closed, and has staff figured out; if a fire truck all the way across the 1-405 Freeway can make it to the area now serviced by the Royal Palm Drive fire station;; given the increased traffic generated by this project. Finally, she asked for clarification on the income to the City to be used to mitigate problems as additional development occurs during the 20 -year development agreement. Mayor Pro Tem Dixon,'wanted to know how many jobs the high rise office buildings will bring to Costa Mesa, and asked for more detail about the Susan Street offramp if the Home Ranch project were denied, especially Costa Mesa's financial responsibility for that offramp. She asked for a clearer picture on the proposed widening of Fairview Road, and the time frame. Mayor Pro Tem Dixon also asked for information on the following issues: the cost to the City for right-of-way acquisition for street improvements if this project is approved; how the City of Irvine i addresses the job/housing ratio for it's industrial area; why the 1990 General Plan designates the area adjacent to the Los Angeles Times building as residential; and a comparison between i the mitigation fees of $4.5 million for this Home Ranch project ;and no mitigation fees in the 1990 General Plan. Mayor Cowan confirmed with the Planning and Redevelopment Manager that he understood what information the Council requested. She asked the Planning and Redevelopment Manager what kind of confidence level staff has in the current EIR. He responded that staff' is very confident that the EIR meets the requirements of CEQA. ANNOUNCEMENT Mayor Cowan announced that a Special City Council meeting will be held in the Council Chambers on Tuesday, November 13, 2001, at 5:30 p.m., instead of a Study Session in order to proceed with the Segerstrom Home Ranch public hearing. CITY ATTORNEY The City Attorney reported that he received an opinion from the Fair REPORT Political Practices Commission which states that Mayor Cowan does not have a conflict of interest based upon her employment with the City of Irvine, and she may participate in decisions involving reuse of the EI Toro Airport. CITY MANAGER The City Manager clarified that the Segerstrom Home Ranch project REPORT is coming forward on November 5, 13, and 19, and other applicants have been cooperative with having their items delayed in order for Council to take more public comments on the Home Ranch project. ADJOURNMENT The Mayor declared the meeting adjourned at 10:00 p.m. A� AMayor of the City of Costa Mesa ATTEST: -r - Deputy City 0 erk of the City of Costa Mesa 1 1