HomeMy WebLinkAbout01/07/2002 - City Councilim
REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
JANUARY 7, 2002
The City Council of the City of Costa Mesa, California, met in
regular session January 7, 2002, at 6:30 p.m., in the Council
Chambers of City Hall, 77 Fair -Drive, Costa Mesa. The meeting
was called to order by the Mayor, followed by the Pledge of
Allegiance to the Flag led by: Council Member Robinson, and
invocation by the Reverend Tim McCalmont, Presbyterian Church
of the Covenant.
ROLL CALL Council Members Present: Mayor Linda Dixon
Mayor Pro Tem Gary Monahan
Council Member Libby Cowan
Council Member Karen Robinson
Council Member Chris Steel
Council Members Absent: None
Officials Present:
City Manager Allan Roeder
City Attorney Jerry Scheer
Development Services Director
Donald Lamm
Public Services Director William
Morris
Police Lieutenant Karl Schuler
Associate Planner Mel Lee
Assistant Planner Wendy Shih
Deputy City Clerk Mary Elliott
MINUTES On motion by Mayor Pro Tem Monahan, seconded by Council
December 17, 2001 Member Cowan, and carried :5-0, the minutes of the regular
meeting of December 17, 2001, were approved.
ORDINANCES AND A motion was made by Mayor: Pro Tem Monahan, seconded by
RESOLUTIONS Council Member Cowan, and carried 5-0, to read all ordinances
and resolutions by title only.
PRESENTATION Mayor Dixon announced that in 1998, the City and the Newport -
Sister City Exchange Mesa Unified School District' entered into a partnership to
Program strengthen the educational component of the Sister City agreement
between the cities of Costa Mesa and Wyndham, Victoria,
Australia, and presented visiting educators Safia Brown, Pierina
McWilliam, and Sonia Reid, with a proclamation and gifts. She
commended community members Sue Smith, John DeWitt, and
Dr. Julie Chan, for their involvement.
PRESENTATION Mayor Dixon announced winners of the "Capturing the Essence of
Photo Contest Costa Mesa" Student Photo Contest: first place color category
winner Trevor Holmes, Estancia High School; second place
Melissa Buchmann, TeWinkle - Middle School; and third place,
Trevor Homes; first place black'and white category winner Steven
Thomas, Costa Mesa High School; and a second place tie
between Tiffani Larson and Devon Stephens, Costa Mesa High
School. Mayor Dixon indicated that the award winning
photographs will be presented to Sister City Wyndham, Australia,
to be displayed at their newly. renovated Centenary Hall. She
thanked Dr. Chan, representing; the Newport -Mesa Unified School
District, and Diane Prichart, ' representing the Costa Mesa
Conference and Visitors Bureau.
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PUBLIC COMMENTS Bill Folsom, 2700 Peterson Place, No. 45C, Costa Mesa,
Skateboard Park reminisced about a recent vacation to St. George, Utah, population
approximately 38,000, stating that the City Council of this hamlet
had addressed the controversial issue of installing a skateboard
park, deciding to serve the many rather than appease the few. He
showed photographs of the new St. George park.
Polder Comments William Polder, 1628 White Oak Street, Costa Mesa, commented
on the lack of proper landscaping and foliage near the miniature
railroad at Fairview Park, stating that he would like to see
sycamore trees on both sides of the tracks and elimination of the
palm trees. He observed that the medians are bare on Adams
Avenue between Mesa Verde Drive East and Mesa Verde Drive
West, suggesting that the entrance to the City be improved. He
proposed planting the, medians on Adams Avenue from Harbor
Boulevard to the Santa Ana River, and complained about street
conditions on Adams Avenue.
Cars For Sale Diane LaDuca, West 19th Street, Costa Mesa, stated that there are
streets in front of strip malls on the west side on which "for sale"
cars are parked on the weekends on a regular basis. She asked
what recourse is open to residents. The City Manager suggested
that she provide information to his office regarding specific
locations in order for Code Enforcement and the Police
Department to investigate.
Home Ranch Referen- Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, thanked
dum supporters of the recent referendum effort for the Home Ranch
project. He felt that the holiday season had affected their ability to
collect the required number of signatures although he reported that
every area of the City had been canvassed.
Gun Control A Costa Mesa resident (name unintelligible, no street address
given), opposes gun control stating that it is against the
Constitution of the United States. He shared a book entitled, "Gun
Control — Gateway to Tyranny", and provided -his views on the
subject.
Produce Trucks/ Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa,
Dayworkers complained that the Mesa North area continues to experience a
problem with produce trucks, and asked that the City remedy the
situation. He reported that 15 to 30 dayworkers loiter daily at the
intersection of Bristol and Baker Streets; 50 to 60 dayworkers loiter
at the 7 -Eleven store at Placentia Avenue and Victoria Street;
employees at the Costa Mesa Job Center do not check for proper
identification; and 50 percent of employers who utilize the Job
Center are not Costa Mesa residents.
Newport Beach Plan- Tom Egan, 1893 Parkview Circle, Costa Mesa, reported "that the
ning Meeting City of Newport Beach has scheduled a meeting on Saturday,
January 12, 2002, regarding strategic planning, and mentioned that
the south side of Costa Mesa is vulnerable. He suggested that a
member of the City's Planning Division attend the meeting in
Newport Beach. Mayor Dixon asked the Development Services
Director to arrange for a member of his staff to attend the
aforementioned meeting.
Bristol Street Specific Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa,
Plan addressed the Bristol Street Specific Plan, suggesting that identical
plans should be instituted for other major streets throughout the
City such as 17th Street and Harbor Boulevard.
Illegal Fence A Costa Mesa resident objected to a neighbor's fence and foliage.
She indicated that Code Enforcement has declared the fence
illegal. Mayor Dixon asked her to contact the Development
Services Director for assistance:
Abrams' Comments Mark Abrams, 174 Broadway, No. A, Costa Mesa, noted the large
attendance, thanked those present, and reminded Council that
government is by the people and for the people.
CONSENT On motion by Council Member Cowan, seconded by Council
CALENDAR Member Robinson; and carried 5-0, all Consent Calendar items
MOTION/Approved were approved as recommended.
READING FOLDER The following Reading Folder items were received and processed:
Claims Claims received by the Deputy City Clerk: Margaret M.
Birnbaum; Dewayne Neufeld; ;and Donald V. Nicholson.
Alcoholic Beverage Alcoholic Beverage Control (ABC) License request from Happy
License Camper, 2937 Bristol Street, for an original Type 47 ABC license
(on -sale general for bona fide eating place).
WARRANTS The following warrants were approved:
Approved Warrant Warrant Resolution 1880, funding City operating expenses for
1880 $1,086,177.12.
Approved Warrant Warrant Resolution 1881, funding Payroll 126 for $2,013,146.23,
1881 /Payroll 126 and City operating, expenses for $514,484.07, including payroll
deductions.
Approved Warrant Warrant Resolution No. 1882, funding City operating expenses
1882 for $1,161,476.67.
ADMINISTRATIVE Bids for Bid Item No. 1065, Annual Agreement for "Recreation
ACTIONS/Awarded Review" Brochure Printing, are; on file in the City Clerk's office.
Bid Item No. 1065, The contract was awarded to Westminster Press, Inc., 4906 West
"Recreation Review", First Street, Santa Ana, for an annual amount of $28,843.60.
to Westminster Press
Awarded Bid Item No. Bids for Bid Item No. 1066, Purchase of Fourteen Police Patrol
1066, Police Patrol Vehicles, are on file in the City Clerk's office. The contract was
Vehicles, to Villa awarded to Villa Ford, 2550 North Tustin Avenue, Orange, for
Ford; Approved $318,564.84; and Budget Adjustment No. 02-074 was approved for
Adjustment 02-074 $235,160.00.
Approved Agreement An agreement was approved with Kabbara Engineering, 121 North
with Kabbara for Harwood Street, Orange, in an amount not to exceed $225,160.00,
Street Improvements for design of rehabilitation improvements for several arterial
streets, residential streets, and one alley, and the Mayor and
Deputy City Clerk were authorized to sign on behalf of the City.
Approved Amend- The first amendment was approved to the agreement with A.C.T.,
ment to Agreement 937 South Via Lata, Suite 500, Colton, for $140,000.00, for
with A.C.T. for G.I.S. Geographic Information Systems (G.I.S.) support services and
enhancements, and the City Manager and Deputy City Clerk were
authorized to sign on behalf of the City.
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Accepted Street
Improvements at
400 East 17th Street
by TA Construction,
EP No. PS -01-00019
(PA -99-44)
Street improvements at 400 East 17th Street were completed to the
satisfaction of the Public Services Director by TA Construction,
1717 West Orangewood Avenue, Suite B, Orange, in connection
with Encroachment Permit No. PS -01-00019 (PA -99-44). The work
was accepted, and the bonds were ordered exonerated.
Accepted Street Street improvements at 335 Baker Street were completed to the
Improvements at satisfaction of the Public Services Director by Action Contractors,
335 Baker Street by Inc., 17111 South Broadway, Gardena, in connection with
Action Contractors, Encroachment Permit No. PS -01-00041. The work was accepted,
EP No. PS -01-00041 and refund of the $5,956.00 cash deposit was authorized.
Accepted Work for Design and Construction of a Concrete Patio and Seat Wall at the
Senior Center Patio Costa Mesa Senior Center, 695 West 19th Street, Project No. Ol-
and Wall, Project No. 13, was completed to the satisfaction of the Public Services
01-13, by S. Parker Director on December 7, 2001, by S. Parker Engineering, Inc.,
Engineering 10059 Whippoorwill Avenue, Fountain Valley. The work was
accepted; the Deputy City Clerk was authorized to file a Notice of
Completion; authorization was given to release retention monies 35
days thereafter; the Labor and Material Bond was ordered
exonerated 7 months thereafter; and the Performance Bond was
ordered exonerated 12 months thereafter.
Approved DBE Pro-
The Disadvantaged Business Enterprise (DBE) Program was
gram, Appointed Mejia
approved for the City of Costa Mesa for the Federal fiscal year
beginning October 1, 2001, and ending September 30, 2002, the
City Manager was authorized to sign on behalf of the City, and
Baltazar Mejia was appointed as the DBE Liaison Officer.
Adopted Resolution
Resolution 02-1 was adopted: A RESOLUTION OF THE CITY
02-1 for Executive
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
Salaries; Approved
REVISING THE SALARY RANGES OF THE EXECUTIVE
Budget Adjustment
SALARY RESOLUTION FOR AT -WILL EXECUTIVE JOB CLASSI-
No. 02-01
FICATIONS, and Budget Adjustment No. 02-075 for $8,244.00 was
approved.
Appointed Davidson
Janice Davidson was appointed as a regular member of the
to Human Relations
Human Relations Committee for a term expiring October, 2005, to
Committee
coincide with the most recent appointments.
PUBLIC HEARING The Deputy City Clerk announced that this is the time and place set
Rehearing of PA -01- for the public hearing to rehear PA -01-25, requested by Rhonda
25, McCune/Chan/ McCune, 1973 Newport Boulevard, Suite 26, Costa Mesa,
Chock authorized agent for Eugene Chan and Gladys Chock, 2458
Newport Boulevard, Costa Mesa, for a conditional use permit to
allow truck rental, including on-site storage of up to six U -Haul
rental trucks, in conjunction with an existing mini -storage use,
located at 2458 Newport Boulevard, in a Cl zone. The request
was denied by the City Council on October 15, 2001.
Environmental Determination: Exempt. The Affidavits of
Publishing and Mailing are on file in the City Clerk's office.
Communications were received from McCune & Associates, 1973
Newport Boulevard, Suite 26, Costa Mesa, authorized agent for
Eugene Chan, the property owner, stating that the addition of a
truck rental business will enhance the chances of continuing
success at this location; and A+ Storage, 2458 Newport Boulevard,
Costa Mesa, supporting the request for the addition of a truck
rental service. The Development Services Director reviewed the
Agenda Report dated December 24, 2001.
Eugene Chan, the applicant, reported that the Newport Boulevard
Specific Plan indicates that mini -warehouses are not a restricted
use, and stated that he does not intend to open a motor vehicle
dealership or repair service. He offered that any servicing of the
vehicles will be accomplished off -premises, and clarified that the
facility will be used for storage of trucks provided for the
convenience of his customers. ; Mr. Chan stated that he had only
been informed this evening that he is in violation of the City's
municipal code, and pointed out that his facility has nine parking
stalls, not the seven ''noted in the agenda report. He outlined a
plan to park all vehicles to the rear of the establishment, and
responded to questions from Council. Mr. Chan commented that
as the property owner, he would not tolerate any loitering.
Doug Scribner, 321 Avocado Street, No. P, Costa Mesa,
suggested allowing Mr. Chan the proposed changes to his
business.
Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa,
commented that Mr. Chan should adhere to the Newport
Boulevard Specific Plan, and felt that this application should be
restricted to its original use. He reported that dayworkers loiter
every day at the U -Haul business at 2680 Newport Boulevard.
Irene Krinsky, 371 Walnut Street, Costa Mesa, suggested that the
speed limit on Newport Boulevard be lowered, and commented
that the City should address the dayworker loitering problem.
Chris (last name unintelligible), Newport Beach, thought that Mr.
Chan should be allowed to run h'is business.
Cheryl Townsend, 1683 New' Hampshire Drive, Costa Mesa,
supported Mr. Chan's incorporating the use of U -Haul trucks into
his business. There being no other speakers, the Mayor closed
the public hearing.
Motion to Approve A motion was made by Council Member Cowan, seconded by
Failed to Carry Council Member Monahan, to adopt a resolution approving PA -01-
25, based upon the new information received regarding the change
in parking plans and the fact that there will not be a deficiency in
the width of the driveway; adding to Exhibit B, Conditions of
Approval, four trucks will be allowed and only employees may
operate the vehicles beyond the gate; there will be no outdoor
storage of any vehicle except the four trucks; the owner will be
given 12 months to'move from banner -type to permanent signage;
and a total of five trees will be planted in the rear planter area.
Mayor Dixon opposed the motion, stating that the Newport
Boulevard Specific Plan was devised for a reason and should be
followed. Mayor Pro Tem Monahan supported Mr. Chan's attempt
to provide a service for his customers by allowing customers to
rent the truck from his place of business. He reported that he had
visited the site, did not believe that loitering will be a problem, and
thought that the purpose of; the Newport Boulevard Study
Committee is to improve businesses on the Boulevard, which Mr.
Chan is attempting to accomplish. Council Member Robinson
opposed the motion, stating that this particular use is not in the
spirit of the Specific Plan which addresses automotive, motorcycle,
and boat dealerships, including sales and service, as restricted
uses. She thought ,that the City's specific plans must be enforced
to be effective. The motion failed to carry 3-2, Council Members
Dixon, Robinson, and Steel, voting no.
PUBLIC HEARING The Deputy City Clerk announced that this is the time and place
Appeal of PA -01-33, set for the public hearing to consider an application from Council
Korando/Habitat for Member Steel, appealing the Planning Commission's approval of
Humanity PA -01-33, for Mark Korando, representing Habitat for Humanity, for
a minor design review to construct two two-story dwelling units
behind six units which will be converted to four units; with variances
from open space, driveway landscaping, and vehicular backout
requirements, with up to 20 percent reduction in the number of
parking spaces, for an affordable ownership housing project at
1925 Pomona Avenue in an R2 -HD zone. Environmental
Determination: Exempt.. The Affidavits of Publishing and Mailing
are on file in the City Clerk's office. Communications were
received from Janice Davidson, 1982 Arnold Avenue, Costa Mesa,
requesting that density not be increased for this project; and
Hilldegard Gonzales, 1932 Pomona Avenue, Costa Mesa,
opposing increased density for this site.
MOTION/Continued On motion by Council Member Robinson, seconded by Mayor
to January 22, 2002 Dixon, and carried 5-0, the public hearing was continued to the
meeting of January 22, 2002.
PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued
Appeal of PA -00-37, from the meeting of November 19, 2001, to consider an application
The Regents Group/ from Council Member Robinson, appealing the Planning
Garner Commission's approval of PA -00-37, for The Regents Group, 420
McKinley Street, Suite 111, Corona, authorized agent for Russell
Garner, South Coast R. E. Investments, 303 Broadway, Suite 210,
Laguna Beach, for a variance from parking requirements (24
spaces required, 16 proposed), and to allow 3 compact parking
spaces; and a minor modification to allow a trash enclosure to
encroach 1 foot, 3 inches into the required 20 -foot front setback, in
conjunction with the conversion of residential dwelling units to
commercial uses at 248 Victoria Street, in a C2 zone.
Environmental Determination: Exempt. A communication was
received from Russell C. Garner, 303 Broadway, No. 210, Laguna
Beach, supporting his request for a variance and a minor
modification for the trash enclosure. The Development Services
Director reviewed the Agenda Report dated December 24, 2001,
mentioning Council Member Robinson's concern that the applicant
cannot demonstrate the ability to provide adequate parking. The
Associate Planner addressed specific questions posed by Council.
Council Member Robinson noted her visit to the site, commenting
that the only means of exiting the property is to back out onto
Victoria Street. She asked how 16 vehicles could leave the area
safely.
David Rose, The Regents Group, representing the applicant,
reported that the property had. been in foreclosure and was
purchased from a bank with the intent to rehabilitate it. He
reviewed the progress of the project, addressing concerns
previously pointed out by staff. He indicated the applicant's
willingness to accept conditions.
Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, supported
the project.
Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa,
opposed the project, suggesting that the structures be reconverted
to residential units.
A Newport Beach resident felt that the applicant is entitled to build
what he desires on his, own property.
William Polder, 1628 White Oak Street, Costa Mesa, expressed
concern regarding signage, asking if there would be a large
billboard -type sign. He concurred with Council Member Robinson
that backing onto Victoria Street is extremely dangerous. There
being no other speakers, the Mayor closed the public hearing.
MOTION/Adopted A motion was made by Mayor :Pro Tem Monahan, seconded by
Resolution 02-2 Council Member Cowan, and carried 5-0, to uphold the Planning
Commission's decision by adopting Resolution 02-2, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, APPROVING PLANNING APPLICATION
PA -00-37, stipulating that the trash container shall be placed in
front of the project; the trash enclosure shall be screened and
walled; lighting shall be added to the rear of the property;
landscaping shall be 'added to both sides of the driveway; office
use only was approved; signage shall include an address and the
name of the office complex; no parking shall be permitted in front
of the rear unit; no outdoor storage of vehicles shall be permitted;
and direction was given to add a sign which prohibits backing out
of the driveway onto Victoria Street.
Council Member Cowan supported the motion, stating that a
commercial application was appropriate for this location, noting her
preference that the existing structure be demolished and a new
structure erected. She thought that the conditions were
appropriate, and the eight -tenant restriction, as well as the
restriction for office use only, were important. Mayor Dixon
supported the motion, indicating, her main concern was the ingress
and egress onto the site, specifically backing out onto Victoria
Street. Council Member Robinson concurred with Mayor Dixon's
statement about backing out of the driveway and supported the
motion as amended by the ;above conditions, including the
applicant's limitations of the tenants and an agreement to install a
no -parking sign where the turnaround problem exists.
RECESS The Mayor declared a recess at 8:50 p.m., and reconvened the
meeting at 9:05 p.m.
PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued
Appeal of ZA-01-38, from the meeting of December 3, 2001, to consider an application
Jim's Towing from Mayor Dixon appealing the Planning Commission's approval
of Minor Conditional Use Permit ZA-01-38, for Chip Cox,
authorized agent for' James R. Lewis, 26272 Yolanda Street,
Laguna Hills, to allow an automotive impound yard for Jim's
Towing, 913 and '917 West , 18th Street, in an MG zone.
Environmental Determination: Exempt. No communications were
received. The Development Services Director summarized the
Agenda Report dated November 8, 2001.
Mayor Dixon stated that she appealed this item because she
believed that Council's intent is to revitalize the west side of Costa
Mesa, including more residentia'I zoning in areas on the bluff and
nearby. She believed that an auto storage facility is not compatible
with residential properties, and this site is one block from R1
residential zoning. She thought'that to encourage Jim's Towing to
expand its business to an area that is currently being considered
for residential would be an unfair action for this Council to take,
and quoted from Page 34 of the; Agenda Report, No. 6, "if the City
of Costa Mesa had any intention of implementing the overlay zone,
why did it grant a CUP to Jim's Towing in the first place?" The
Assistant Planner responded to questions from Council.
Chip Cox, 26272 Yolanda Street, Laguna Hills, representing the
applicant, noted their intent to build a "glorified parking lot". He
reviewed aspects of the site, agreeing with the Assistant Planner
that this property is not part of the overlay zone. He proposed that
the parking lot is essentially a much less intense use of the
property.
James Lewis, 26272 Yolanda Street, Laguna Hills, in response to a
question from Mayor Pro Tem Monahan, reported that cars are
towed by the California Highway Patrol in the evening, and the
vehicles are placed in an unregulated area overnight. Mayor Pro
Tem Monahan expressed concern regarding the evening activity
but Mr. Lewis stated that he would be unwilling to curtail it. He
verified that only two or three vehicles per week were towed at
night. He and Mr. Cox responded to questions from Council.
Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa,
commented on the surrounding areas adjacent to Jim's Towing,
that is, single-family homes, apartments, and a school across the
street. He noted the increased activity in the neighborhood.
Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, supported
the application, reiterating that nighttime usage will not increase,
and mentioning that removing abandoned cars from the streets is a
benefit to the City. He suggested that in the future, the
determination of land use is left to the property owners.
Virginia Anderson, Costa Mesa resident, stated that impound yard
traffic is not excessive, and the yard is protected and secure. She
reported that Jim's Towing is an honest, straightforward business.
Council Member Cowan asked Mr. Cox if he would be willing to
install pervious cement in the parking lot which would allow water
to percolate through the surface, eliminating the need for drainage
and sewer connections. The Public Services Director indicated
that staff has conducted research on this subject and will provide
that information to the applicant. Mr. Cox replied that they would
be receptive to this concept. There being no other speakers, the
Mayor closed the public hearing.
Motion to Deny A motion was made by Mayor Dixon, seconded by Council
Failed to Carry Member Steel, to adopt a resolution reversing the Planning
Commission's approval of ZA-01-38, based on incompatibility with
the adjacent residences.
Council Member Cowan opposed the motion stating that Jim's
Towing has done an excellent job in landscaping the property and
providing a block wall, and thought that this is a quality project.
She felt that the project could be conditioned which would provide
long-range protection. The motion failed to carry 3-2, Council
Members Cowan, Monahan, and Robinson, voting no.
MOTION/Adopted A motion was made by Mayor Pro Tem Monahan, seconded by
Resolution 02-3 Council Member Cowan, and carried 5-0, to adopt Resolution 02-3,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING MINOR
CONDITIONAL USE PERMIT ZA-01-38, upholding the Planning
Commission's decision with the following additions to the
conditions of approval: no structure shall be allowed on the
property; the block wall and landscaping shall be a continuation of
the existing block wall and landscaping, with no palm trees used;
and the property owner shall work with staff to review the use of
the pervious concrete for surfacing of the property.
OLD BUSINESS The Deputy City Clerk presented from the meeting of December
Development Stan- 17, 2001, second, reading and adoption of Ordinance 01-30,
dards for Liquor relating to development standards for liquor stores, convenience
Stores, Etc. stores, and mini -markets.
Doug Scribner, 321 Avocado Street, No.. P, Costa Mesa,
suggested pursuing the persons who litter, loiter, and create graffiti
and noise, rather than punishing and regulating businesses.
A Newport Beach resident thought that the Police Department
should be enhanced to cope with the offenders.
MOTION/Adopted On motion by Mayor Pro Tem Monahan, seconded by Council
Ordinance 01-30 Member Cowan, and carried 5-0, Ordinance 01-30 was given
second reading and adopted: , AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
REGARDING REGULATIONS RELATING TO DEVELOPMENT
STANDARDS FOR LIQUOR STORES, CONVENIENCE STORES,
AND MINI -MARKETS.
OLD BUSINESS The Deputy City Clerk presented from the meeting of December
Rezone Petition 17, 2001, second reading and adoption of Ordinance 01-31,
R-01-05 adopting Rezone Petition R-01-05.
MOTION/Adopted On motion by Mayor Pro Tem Monahan, seconded by Council
Ordinance 01-31 Member Cowan, and carried 5-0, Ordinance 01-31 was given
second reading and adopted: ; AN ORDINANCE OF THE CITY
COUNCIL OF THE � CITY OF COSTA MESA, CALIFORNIA,
REZONING 115 EAST WILSON STREET AND 2340 NEWPORT
BOULEVARD FROM C1 TO R2 -MD BY ADOPTION OF REZONE
PETITION R-01-05. ,
OLD BUSINESS
The Deputy City Clerk presented from the meeting of December
Parking of Oversized
17, 2001, second reading and adoption of Ordinance 01-32,
Vehicles on Residen-
regarding the parking of oversized and non -motorized vehicles in
tial Streets
residential districts. Communications in opposition to the proposed
ordinance were received from :Costa Mesa residents Frank and
Susan Calabretta, 446 Cabrillo Street; Wayne Anderson, 958
Junipero Drive; Jeanne Brown, '951 Presidio Drive, and Joyce D.
Wood, 2878 Boa Vista, stating that more than 24 hours is needed
to prepare a recreational vehicle for a trip and to clean it afterward.
Communications in support were received from Costa Mesa
residents Mark and , Jessica Harris, 917 Tanana Place; Don
Elmore, 2209 Wallace Avenue; Keith and Lois Raffel, 2024 Swan
Drive; Becky and George Cote,. 1668 New Hampshire Street; and
Tim Cromwell, 2029 Swan Drive. A communication was received
from Gary Plascencia, 1954 Wallace Avenue, No. A, Costa Mesa,
asking that citizens be allowed to park recreational vehicles on their
own property. The Police Lieutenant reviewed the proposed
ordinance, and responded to questions from Council.
Mayor Pro Tem Monahan proposed that public comment be taken
this evening, the ordinance be provided to those members of the
public who do not possess a copy, and second reading be
continued to the meeting of January 22, 2002. Council Member
Steel concurred, suggesting that it be placed as the first item on
the next agenda.
Nicole Lloyd, 2287%2 Pacific Avenue, Costa Mesa, commented that
there are two RV's parked at the end of her block that have been
there for more than one year, and stated that those abusing the
law make it hard on everyone else.
light of the new restrictions; William Russell, 3111 Ginger Avenue;
Steve O'Daly, 1663 New Hampshire Drive, thought that the same
citizens are complaining about oversized vehicles; a resident on
Magnolia Street, objected to the 24-hour limit; Jim Wagner, 3150
Brea Lane; John Blair, 1162 Dorset Lane, acting President of the
Mesa Amateur Radio Communication Group, reported that they
serve the City 24 hours a day, 7 days a week, mentioning that
many of the 50 members have RV's; Jack Michael, 1601
Myrtlewood Street, thought that stricter rules could be in the offing;
Frank Leingang, 3368 California Street, proposed providing
statistics defining who originated the complaints; Bruce (last name
unintelligible), 657 Cove Street; Dennis Patterson, Darrell Street,
objected to the suggestion in the ordinance that parking of
oversized vehicles causes "visual blight"; Shedrick Moore, 1853
Elba Circle, objected to the 24-hour time limit; the resident at 1657
Oahu Place, encouraged Council to be responsive to the wishes of
the people, and to enforce the 72 -hour law; and Gayle Lackey, 917
Coronado Drive, declared that the 24-hour limit is not realistic and
asked for reconsideration.
RECESS The Mayor declared a recess at 11:00 p.m., and reconvened the
meeting at 11:10 p.m.
The following Costa Mesa residents supported the ordinance:
Diane LaDuca, 939 West 19th Street, No. B4, showed a
photograph illustrating the hazardous manner in which large
vehicles are parked on West 19th Street; a Costa Mesa resident,
complained about RV parking in her neighborhood, stating that
they are a safety hazard and unsightly; Regina Goldwag, 2021
Balearic Drive, stated that an RV has been parked near her home
for 20 years, stating that it is not only an eyesore but hazardous;
Mark Hubbard, 2858 Inroz Drive, felt that the large vehicles are a
The following Costa Mesa residents opposed adoption of the
proposed RV ordinance: Inez McLane, 3245 Iowa Street,
questioned enforcement of the 24-hour restriction, and noted that
this amount of time is not sufficient to clean a large vehicle; Frank
Cummings, 3046 Capri Lane, supported some regulation of large
vehicles but opposed the ordinance as being excessive; David
Stiller, 2879 Regis Lane, felt that the 72 -hour State law is sufficient
if enforced by the Police Department, and RV owners have paid
registration fees which entitles them to drive on the City's streets
and highways; Bill Folsom, 2700 Pederson Place, No. 45C,
observed that 99 percent of RV owners are responsible and do not
use the street for storage; Irene Krinsky, 371 Walnut Street,
thought that the 24-hour limitation was unrealistic; Debbie
Marsteller, 3374 California Street, felt that the RV owners who
were attempting to abide by the law were being penalized; Sandy
Ward, 371 Walnut Street, asserted that there is a vendetta against
motor homes and that they have been included with trucks and
commercial vehicles; Mark Abrams, 174 Broadway, No. A,
commented that pertinent data has been omitted from the
proposed document; Fred Jansson, a Costa Mesa resident,
addressed the 24-hour time limit; Sandra Brooks, 678 Darrell
Street, commented that she will be forced to sell her motor home in
light of the new restrictions; William Russell, 3111 Ginger Avenue;
Steve O'Daly, 1663 New Hampshire Drive, thought that the same
citizens are complaining about oversized vehicles; a resident on
Magnolia Street, objected to the 24-hour limit; Jim Wagner, 3150
Brea Lane; John Blair, 1162 Dorset Lane, acting President of the
Mesa Amateur Radio Communication Group, reported that they
serve the City 24 hours a day, 7 days a week, mentioning that
many of the 50 members have RV's; Jack Michael, 1601
Myrtlewood Street, thought that stricter rules could be in the offing;
Frank Leingang, 3368 California Street, proposed providing
statistics defining who originated the complaints; Bruce (last name
unintelligible), 657 Cove Street; Dennis Patterson, Darrell Street,
objected to the suggestion in the ordinance that parking of
oversized vehicles causes "visual blight"; Shedrick Moore, 1853
Elba Circle, objected to the 24-hour time limit; the resident at 1657
Oahu Place, encouraged Council to be responsive to the wishes of
the people, and to enforce the 72 -hour law; and Gayle Lackey, 917
Coronado Drive, declared that the 24-hour limit is not realistic and
asked for reconsideration.
RECESS The Mayor declared a recess at 11:00 p.m., and reconvened the
meeting at 11:10 p.m.
The following Costa Mesa residents supported the ordinance:
Diane LaDuca, 939 West 19th Street, No. B4, showed a
photograph illustrating the hazardous manner in which large
vehicles are parked on West 19th Street; a Costa Mesa resident,
complained about RV parking in her neighborhood, stating that
they are a safety hazard and unsightly; Regina Goldwag, 2021
Balearic Drive, stated that an RV has been parked near her home
for 20 years, stating that it is not only an eyesore but hazardous;
Mark Hubbard, 2858 Inroz Drive, felt that the large vehicles are a
ER
health and safety issue, and supported the 72 -hour restriction if it
is enforced; Joe Panarisi, 2850 Chios Road, concurred with the
previous speaker; and Charley Alexander, a Costa Mesa resident,
found the oversized vehicles a 'blight and encouraged Council to
seek a solution.
The following Costa Mesa residents opposed the ordinance: Ron
Renish, 3236 Iowa Street; John Lackey, 917 Coronado Drive,
thought that the problem was aesthetic, not practical, and asked
how many facts had been gathered; M. A. lannelli, 3233 Michigan
Avenue, commented that the 24-hour limited is unrealistic and will
not deter those who disregard the current law; Linda Bell, no
address given, a member of the law enforcement community, felt
that more information should be, obtained prior to citing an RV; Bill
Graham, 2792 Redwing Circle, asked that the 72 -hour restriction
be retained; Robert Stoddard, 2928 Royal Palm Drive; a resident
on Pierce Street; the resident at 2809 Shantar Drive, thought that
other issues in the City required attention; Steve Rice, 3113
Roosevelt Way; Richard Millward, 3157 Killarney Lane, thought
that the current law should be enforced; Carol Smith, 2884
Monterey Avenue; Bernard Ungrodt, 927 Presidio Drive; and Lou
Lelea, 2395 Westminster Avenue.
Debra Valenzuela, 2928 Royal, Palm Drive, Costa Mesa, stated
that she parks her oversized vehicle in her driveway but expressed
concern that should the ordinance be adopted, she may not be
allowed to do so.
Jim Shaffer, 2340 College Drive, Costa Mesa, pointed out that
other vehicles, not only RV's,, are at issue, and suggested a
Citywide posted time for street sweeping.
Tom DeLong, 2421 College Drive, Costa Mesa, favored the 72 -
hour restriction, asking that it be enforced.
Lauri Millward, 3157 Killarney Lane, Costa Mesa, reported that her
neighborhood, the Hall of Fame; tract, has a Neighborhood Watch
program for disaster preparedness and maintain a motor home as
a supply and first aid station. She supported the current 72 -hour
parking restriction.
Scott Bell, 3123 Dublin Street, Costa Mesa, encouraged a solution
which did not penalize the entire City, rather addressing each
problem individually.
Ron Staugaard, 1998 Rosemary Place, Costa Mesa, indicated that
the home in which he lives does not have a driveway on which to
store his motor home, nor is there room in his rear yard, and
thought that he would be forced to sell the vehicle should the
ordinance be adopted.
Simon Horton, 1634 Baker Street, Costa Mesa, suggested that the
Police Department provide an explanation of the means by which
the parking restriction will be `enforced. He thought that the
number of vehicles illegally parked past the 72 -hour period is
probably very small.
Bernie Anderson, 3130 Dublin Street, Costa Mesa, owner of a
motor home, felt that owners should be responsible for adhering to
the rules.
1
Oran Marksbury, 2273 Colgate Drive, Costa Mesa, addressed the
"nuts and bolts" of the proposed ordinance.
Council Member Cowan commented that the review of the parking
of oversized vehicles was initiated by City Council, not the Police
Department. She believed that the City has a responsibility to
protect residents. who do not want a recreation vehicle parked in
front of their house, and replied to the RV owners' concerns
regarding the time limit by stating that the vehicle should be
allowed to be parked on the street as long as active preparation for
leaving or returning from travel is in progress. Council Member
Cowan stated that during the time of preparation, the vehicle
should be parked in front of the address to which it is registered.
She approved of the manner in which the ordinance addresses
commercial vehicles, and felt the 24-hour time limit contained in
(c)(1) of the ordinance should be reconsidered, although she
approved of the general language of the item. She proposed
instituting a fine.
Council Member Steel related that he had voted in the affirmative
for the first reading, explaining that aesthetics were a factor, as
well as safety. He proposed working with homeowners to identify
"cheaters". Mayor Dixon indicated that she had heard many
complaints about motor homes during her ten years of service with
the City. She recognized both sides of the argument.
Motion to Deny A motion was made by Mayor Pro Tem Monahan to deny second
Second Reading of reading of Ordinance 01-32, regarding the parking of oversized
Ordinance 01-32 Died and non -motorized vehicles in residential districts. The motion
died for lack of a second.
MOTION/Continued to A motion was made by Council Member Cowan, seconded by
February 4, 2002; Mayor Dixon, and carried 4-1, Council Member Monahan voting
Gave Directions to no, to continue this item to the meeting of February 4, 2002,
Staff directing staff to address comments from Council Members,
particularly, addressing the 24-hour parking restriction in Section
(c)(1) of the ordinance, bringing back a 48-hour alternative,
ensuring that the ordinance contains wording indicating that the
vehicle shall be "adjacent to or in front of the address", and
deleting Section (e).
Council Member Robinson asked staff to investigate the feasibility
of instituting a permit program to allow additional time for special
occasions, such as preparing for a three-month trip. She
suggested posting signs prohibiting RV parking in areas where
parking these vehicles would create a safety hazard, and
supported postponing second reading of the ordinance until the
above questions are answered. Council Member Cowan agreed to
add Council Member Robinson's comments to the motion.
Mayor Pro Tem Monahan asked the City Attorney to research the
legality of restricting the parking of RV's to the area. adjacent or in
front of the owner's property. He opposed the motion, stating that
he supported instituting a permit process should the ordinance be
adopted. He asked staff to investigate the fact that new vehicles
which exceed 20 feet in length and 10,000 pounds will be covered
by the ordinance. Council Member Steel supported the motion,
asking the RV owners to communicate with staff. regarding. -the
most effective manner in which to deal with the "cheaters", and
asking staff to look into "grandfathering" those cases which show
undue hardship. He suggested that when this. item is returned to
Council, that it be placed first on the agenda. The City Attorney
proposed continuing this item to the meeting of February 4, 2002.
Council Member Cowan included in her motion that this item shall
be moved to the front of the agenda, and the seconder concurred.
CITY MANAGER'S The City Manager proposed a Saturday study session, on January
REPORT/Community 26, 2002, for the purpose of discussing Community Objectives for
Objectives; AT&T the coming year. He announced that the Planning Commission
Broadband Service and the Parks, Recreation Facilities and Parkways Commission
would be invited. The City Manager commented that Mayor Dixon
had requested that concerns be addressed regarding the lack of
customer service by Costa ; Mesa's cable company, AT&T
Broadband. He reported that they will be providing written
documentation within the next two weeks on the latest service
period, and this item will be brought to a Council agenda, with a
presentation by AT&T Broadband.
COUNCIL Council Member Robinson asked when a report will be presented
COMMENTS which addresses Council questions on the Costa Mesa Job Center.
Costa Mesa Job The City Manager replied that he believed it is scheduled for the
Center; AT&T meeting of January 22, 2002, and will verify that information. She
Broadband indicated that several community activists had wondered if there is
Federal funding available to support the Job Center, and asked for
a written response. Regarding the AT&T Broadband problems,
Council Member Robinson asked about other available options,
and how quickly those could be put into place.
Home Fire Council Member Cowan thanked Costa Mesa Fire Department
Station No. 5 and other public safety officers for their assistance
Code Enforcement with a fire at her home. She suggested that the City's Code
Enforcement Division stress the use of mediation, as opposed to
issuing civil citations.
California Redevelop- Mayor Pro Tem Monahan announced that he had received an
ment Association invitation from the California Redevelopment Association to attend
Conference their Annual Conference and Expo at the Disneyland Hotel,
February 27 thru March 1, 2002, and encouraged Council and staff
Council Newsletter to attend. He commented that the City newsletter is the perfect
tool by which to inform community members of Council activities.
He asked that a program be instituted wherein future newsletter
have an activity area where ordinances, City goals, and recently
passed actions are listed.
Music Teacher Mayor Dixon congratulated Jon Lindfors, a music instructor at
Honored; "Painters Costa Mesa High School, recently honored as one of the four top
of Costa Mesa" teachers in Orange County. She announced the "Painters of
Costa Mesa" art show, to be held at the Robert Mondavi Food
Center, January 19 thru March 15, 2002, and is free to the public.
ADJOURNMENT The Mayor declared the meeting adjourned at 12:50 a.m.
All
Mayor of the City of Costa Mesa
ATTEST:
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Deputy City C k of the City of Costa Mesa