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HomeMy WebLinkAbout05/06/2002 - City CouncilREGULAR MEETING .OF THE CITY COUNCIL CITY OF COSTA MESA MAY 6, 2002 The City Council of ;the City of Costa Mesa, California, met in regular session May 6, 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 Flad led by Mayor Dixon, and invocation by the Reverend Bill Gartner; Harbor Christian Fellowship. 1 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.Attor-ney-J&ry Scheer Development Services Director Donald Lamm Public Services Director William Morris Police Chief Dave Snowden Police Patrol Services Captain Tom Warnack Police Lieutenant Karl Schuler Planning and Redevelopment Manager Mike Robinson Senior Planner Kim Brandt Senior Deputy City Attorney Marianne Reger Legislation and Public Affairs Manager Ann Shultz Finance Director Marc Puckett Budget and Research Officer Agnes Walker Associate Planner Claire Nguyen Deputy City Clerk Mary Elliott MINUTES On motion by Mayor, Pro Tem Monahan, seconded by Council April 15, 2002 Member Robinson, and carried 4-0, Council Member Cowan abstaining, the minutes of the regular meeting of April 15, 2002, were approved as distributed. 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 congratulated Willa Bouwens-Killeen, Kim Brandt, Employees of the and Mike Robinson,: Development Services Department; Peter Month Naghavi and Raja Sethuraman; Public Services Department; and Tom Wood, City Attorney's office, on being named Employees of the Month for May, 2002, in recognition of their dedication and commitment to the successful processing of the Home Ranch project. She commended the; combined efforts which allowed project debates to maintain a professional demeanor, remain courteous, and be equally fair to all parties, and stated that each 1 person truly exemplifies the City Council's criteria for employee recognition. PRESENTATION Mayor Dixon read a proclamation declaring the month of May, Water Awareness 2002, Water Awareness Month in the City, and announced that the Month Proclamation Mesa Consolidated Water District will promote participation in celebrations throughout Orange County to raise awareness of the importance of water management efforts. She presented the document to Jim Atkinson, Water District Board President, and Fred Bockmiller, Vice President of the 1St District. Council Member Cowan commented that the liaison relationship between the City, the Water District, and the Costa Mesa Sanitary District is a model for other cities. PUBLIC COMMENTS Doug Sutton, 2739 Canary Drive, Costa Mesa, complimented Sutton Comments Standard Pacific Homes for their development of 69 residences at 1645 Adams Avenue, Costa Mesa, (PA -99-40R). He reported that the homes are "sold out", with the last model being purchased for over $700,000.00. He commented that the City's future depends on its ability to improve schools, noting that ample funds are available since the approval of the Home Ranch project. He asked that the City direct $500,000.00 each year to an educational "lock box" controlled and directed by the City Manager to improve Costa Mesa's academic opportunities and performance, and outlined a proposed program. Prince of Peace Ficus Gordon Pate, 2973 Ceylon Drive, Costa Mesa, referred to his Trees comments at the meeting of April 15, 2002, regarding the 52 ficus trees .at the Prince of Peace School, 2987 Mesa Verde Drive East, which are planted near a sidewalk with no proper root barrier. He reported that he had received a response from Assistant Development Services Director Perry Valantine on April 19, 2002, indicating concurrence with the fact that the originally approved trees were replaced with ficus trees, without City approval and in conflict with the Costa Mesa Municipal Code, and proper root barriers were not installed. Mr. Pate referred to Planning Commission Resolution No. PC -99-03, adopted on January 11, 1999, citing relevant sections of the Conditions of Approval (Exhibit B) which illustrate that the City's apparent approval of the type and location of tree is in error. Mayor Dixon asked that a meeting be arranged on Friday, May 10, 2002, between herself, Mr. Pate, and the Assistant Development Services Director, in order to clarify this situation. 19th Street Traffic Janice Davidson, 1982 Arnold Avenue, Costa Mesa, referring to Signals the timing of the traffic signals on 19th Street/Meyer Place and 19th Street/Pomona Avenue, announced that pamphlets are available in the City's Transportation Division which address signal timing and Code Enforcement safety issues. She commented that a personal friend who resides Issue on West 19th Street is in the process of remodeling her home and has been cited on several occasions by the City's Code Enforcement Division. She asked if there is a remedy for this problem, and offered to provide the street address to the City Manager. Orange Coast Swap Beth Refakes, 320 Magnolia Street, Costa Mesa, objected to the Meet Planning Division's inspection of the Orange Coast Swap Meet as reported in the Daily Pilot, complaining that the City failed in its responsibility to the residents. She observed that an overhaul of the City's Planning Division practices may be in order and mentioned the City of Azusa as a good example of community planning. Graffiti John Feeney, 1154 Dorset Lane', Costa Mesa, reported that graffiti had been discovered 'approximately two weeks ago east and west of Fillmore Way on the fences along Paularino Avenue. He indicated that the clean-up was expedient but a redwood fence has been painted over with a dark brown paint, and weathered cedar fences appear to be sandblasted. He requested that the City redo the fences to mask the graffiti scars. Mr. Feeney asked that the City contact the City'of Ontario to investigate their use of anti - graffiti cameras whichwe portable, cost $2,500.00, and are crime - specific. Mayor Dixon asked the Public Services Director to follow- up. Millard Comments Martin Millard, 2973 -Harbor Boulevard, No. 264, Costa Mesa, objected to nuisance' produce !trucks in his neighborhood. He reiterated his objection to graffiti, and proposed changing several of the buildings in the "Fillmore Slum" into parking lots. He proposed a "rolling redevelopment" in the City, making small changes every three months, and complained about the trash on Paularino Avenue caused by gangs and the produce trucks. Huscroft House Robert Graham, 3260 Dakota Avenue, Costa Mesa, asked when the Huscroft House will be to; moved Fairview Park, which he believed will be a catalyst for resident's enjoyment of the park. The Public Services Director addressed receipt of the funds from the Home Ranch project to be directed to relocation of the house. The Planning and Redevelopment Manager clarified that the donation to the City for relocation of the, Huscroft House is due within 90 days of issuing the first structural building permit for the IKEA structure, which is anticipated to; be approximately the first week of June, 2002. CONSENT The following item was removed! from the Consent Calendar: Item CALENDAR No. 14, Sole source purchase of Rainbird Maxicom irrigation controllers and components from United Green Tech. MOTION/Approved On motion by Mayor; Pro Tem Monahan, seconded by Council Except Item No. 14 Member Robinson, and carried 5-0, the remaining Consent Calendar items were approved ass recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Peter Martin Adelaars; CFG Investments; Constance "Joyce" Delacy; Donald Doty; and Steffani J. Unvert. Alcoholic Beverage Alcoholic Beverage Control (ABC) License requests: Licenses ARCO, 2021 Newport Boulevard, for a stock and fiduciary transfer of a Type 120 ABC license (off -sale beer and wine). Clubhouse Restaurant, 3333 Bristol Street, Suite 2800, for a fiduciary transfer of a Type 447 ABC license (on -sale general for a bona fide eating. place). OC Pizza, 1420 Baker Street, Suite B (Costa Mesa Square), for an original Type 41 ABC :license (off -sale beer and wine for a bona fide eating; place). i Sushi Benten, 270 Bristol Street, Suite 180, for a person-to- person transfer, of a Type 41 ABC license (on -sale beer and wine for a bona ;fide eating place). 1 1 1 �9 Tacos y Tacos Mexican Food, 580 West 19th Street, for an original Type 41 ABC license (on -sale beer and wine for a bona fide eating place). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1897, funding Payroll 208 for 1897/Payroll 208 $1,829,071.80, and City operating expenses for $525,710.17, including payroll deductions. Approved Warrant Warrant Resolution 1898, funding City operating expenses for 1898 $1,782,355.56. Approved Warrant Warrant Resolution 1899, funding Payroll 209 for 1899/Payroll 209 $1,854,406.66, and City operating expenses for $479,790.70, including payroll deductions. ADMINISTRATIVE Bids received for Reconstruction of Santa Ana Avenue (from Santa ACTIONS/Awarded Isabel Avenue to Monte Vista Avenue), 19th Street (from Orange Reconstruction of Avenue to Santa Ana Avenue), and Orange Avenue (from Santa Ana Avenue, Broadway to 19th Street), Project No. 02-04, are on file in the City 19th Street, and Clerk's office. The contract was awarded to R. J. Noble Company, Orange Avenue, Pro- 15505 East Lincoln Avenue, Orange, for $641,687.30 (base bid ject No. 02-04, to plus all additive bid items), and the Mayor and Deputy City Clerk R. J. Noble were authorized to sign. Awarded CCTV Bids received for Closed Circuit Television (CCTV) Expansion, Expansion, Phase II, Phase II, Project No. 02-05, are on file in the City Clerk's office. Project No. 02-05, to The contract was awarded to Moore Electrical Contracting, Inc., Moore Electrical; 463 North Smith Avenue, Corona, for $282,400.00, the Mayor and Rejected Johnson Bid Deputy City Clerk were authorized to sign on behalf of the City, and the non-responsive bid from F. J. Johnson, Inc., was rejected. Accepted Work for Site Walls on Harbor Boulevard (Fair Drive to Princeton Drive), Site Walls on Harbor Project No. 01-05, were completed to the satisfaction of the Public Boulevard, Project No. Services Director on April 19, 2002, by Construction Systems, Inc., 01-05, by Construc- 7500 Topanga Canyon Boulevard, Suite 201, Canoga Park. The tion Systems 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 Agreement Agreement No. SA -28-021 E was approved with the 32nd District with Fairgrounds for Agricultural Association, for an amount not to exceed $30,000.00, for Interim Traffic for the City to provide and coordinate traffic management services Management during designated interim events at the Orange County Fair and Exposition Center from April 19 through December 31, 2002, and the Police Chief was authorized to sign on behalf of the City. Approved Agreement Agreement No. SA -29-02F was approved with the 32nd District with Fairgrounds for Agricultural Association, for an amount not to exceed $120,000.00, 2002 Orange County for the City to provide traffic management services at the 2002 Fair Traffic Manage- Orange County Fair from July 12 through July 28, 2002, and the ment Police Chief was authorized to sign on behalf of the City. Approved Participa- Regarding the South Coast Air Quality Management (SCAQMD) tion in SCAQMD Air Rule 2202, On -Road Motor Vehicle Mitigation Options, the Quality Investment following action was taken: Participation in the Air Quality Program; Authorized Investment Program - Triennial Compliance Option was approved; Triennial Payment and triennial payment of $35,337.40 to SCAQMD was authorized. Adopted Resolution Resolution 02-30 was adopted: A RESOLUTION OF THE CITY 02-30, Authorizing COUNCIL OF. THE'CITY OF COSTA MESA, CALIFORNIA, Director to Certify AUTHORIZING THE' DIRECTOR OF PUBLIC SERVICES TO Right -of -Way Projects CERTIFY RIGHT-OF-WAY PROJECTS RECEIVING FEDERAL FUNDING IN FISCAL:YEAR 2001-2002. Approved Final Map The Final Map and ; Subdivision Agreement were approved for and Subdivision Tract No. 15991, located at 2087 Garden Lane, to subdivide 2 lots Agreement for Tract 15991, Cefalia into 6 lots, 5 lots for single-family residential use and 1 lot for access purposes and common open space, by developers Joe and Stella Cefalia, 1649 Bayside Drive, Corona del Mar, the Deputy City Clerk was authorized to sign the map on behalf of the City; and the Mayor and Deputy City Clerk were authorized to sign the Subdivision Agreement on behalf of the City. Approved Letter of A letter of agreement was approved to accept grant funds not to Agreement for Grant exceed $5,000.00 from the California Highway Patrol to conduct Funds for "Every 15 the "Every 15 Minute Program", a "drinking and driving" Minute Program"; educational program; for high school students, the Mayor was Approved Adjustment authorized to sign on behalf of the City, and Budget Adjustment No. 02-117 No. 02-117 was approved for $5,000.00. Sole Source Purchase Item No. 14 on the Consent Calendar was presented: Sole source of Rainbird Maxicom purchase of Rainbird Maxicom irrigation controllers and from United Green components from United Green Tech. Tom Egan, 1893 Parkview Tech Circle, Costa Mesa, complimented staff on the quality of the report generated for this item. He ,called the report systematic and MOTION/Approved comprehensive. On motion: by Mayor Pro Tem Monahan, Purchase seconded by Mayor. Dixon, and carried 4-0, Council Member Cowan absent, the purchase was approved from United Green Tech, 23372 South Pointe Drive,, Laguna Hills, for $70,653.83. PUBLIC HEARING The Deputy City Clerk presented the public hearing, continued Residential, Commer- from the meeting of April 15,, 2002, to consider an ordinance cial, and Industrial amending regulations contained in Title 13 of the Costa Mesa Lot Requirements Municipal Code relating to street frontage requirements and minimum lot width for residential, commercial, and industrial lots, and minimum lot size ;requirements of planned development zones. Environmental Determination: Exempt. Communications were received from Edward and Fariba Khosravi, 264 Santa Isabel Avenue, Costa Mesa, recommending that Council consider a minimum lot size of one-half acre for the PDR zone; and Farhad Goshtasbi, 39 La Costa Court, Laguna Beach, owner of property on the east side of Costa Mesa, requesting that Council remove the lot size restriction from the proposed ordinance. The Senior Planner reviewed the Agenda Report dated April 26, 2002. i Edward Khosravi, 264 Santa Isabel Avenue, Costa Mesa, addressed his project which will be affected by the proposed ordinance by not allowing him to replace five existing homes. He mentioned that the cities of Lake Forest, Orange, Anaheim, Irvine, or Newport Beach! do not impose similar restrictions on development. He supported adopting a minimum one-half acre, instead of one -acre, development lot size in the planned development zones for projects requesting a rezone. Farhad Goshtasbi, 39; La Costa Court, Laguna Beach, co-owner of property at 264 Santa, Isabel Avenue, concurred with Mr. Khosravi regarding the one-half ''acre lot size. a� 4 David Swerdlin, 31125 Via Cristal, San Juan Capistrano, representing Edward Khosravi, indicated that the desired one-half acre minimum lot size affects three properties in Costa Mesa, one of which belongs to his client. He observed that the one-half acre minimum will not allow an increase in density. There being no other speakers, the Mayor closed the public hearing. The Senior Planner responded to questions from Council, clarifying that there are ten properties on the east side which are between the one-half and one -acre lot size, and believe that Mr. Swerdlin's assertion is that three are private properties, and the remaining seven are in conjunction with schools or parks. MOTION/To Approve A motion was made by Council Member Robinson, seconded by Planning Commission Mayor Dixon, to approve the Planning Commission recommen- Recommendations dations and adopt the proposed requirement for newly subdivided R1 lots to have frontage on a dedicated street; adopt the proposed requirement to increase the minimum lot width and require street frontage; and adopt the proposed minimum one -acre development lot size. SUBSTITUTE A substitute motion was made by Mayor Pro Tem Monahan, MOTION/Adopted seconded by Mayor Dixon, and carried 5-0, to adopt the proposed Frontage Requirement requirement for newly subdivided R1 lots to have frontage on a for R1 Lots dedicated street. SUBSTITUTE A substitute motion was made by Mayor Pro Tem Monahan, MOTION/Adopted seconded by Mayor Dixon, and carried 5-0, to adopt the proposed Frontage Requirement requirement to increase the minimum lot width and require street for Commercial/ frontage for newly subdivided lots in the commercial and industrial Industrial zoning districts. SUBSTITUTE A substitute motion was made by Mayor Pro Tem Monahan, MOTION/Adopted seconded by Council Member Steel, and carried 3-2, Council One -Half Acre Lot Members Dixon and Robinson voting no, to adopt the proposed Size; Gave First minimum one-half acre development lot size in the planned Reading to Ordinance development zones for projects requesting a rezone, and to give 02-9 first reading to Ordinance 02-9: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING STREET FRONTAGE REQUIREMENTS, MINIMUM LOT WIDTH REQUIREMENTS FOR RESIDENTIAL, COMMER- CIAL AND INDUSTRIAL ZONES, AND MINIMUM DEVELOP- MENT LOT SIZE REQUIREMENTS FOR PLANNED DEVELOP- MENT ZONES. Second reading and adoption are scheduled for the meeting of May 20, 2002. Council Member Cowan supported the half -acre development lot size, stating that there is an interest by the Planning Commission, City Council, and the community to reduce densities, particularly on the east side of Costa Mesa. She explained that the concept of PDR is to provide the community an opportunity to discuss and work on a property in order to envision something other than a "cookie cutter' type of project. She directed staff to provide fair warning to those applying for PDR that it is only a first step and there are no guarantees. Council Member Robinson opposed the motion, commenting that the density issue needs to be addressed "head on" by City Council in every planning decision made, and recognized this as an opportunity to send a message to the east side that Council is concerned about density over there. She felt that passing a one-half acre development lot size for planned development zones sends the opposite message. Mayor Dixon opposed the motion believing that planned development ;has been used improperly in the past. She believed that it was intended to be used for large, not one-half acre projects. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place GP -02-01, West 19th set for the public hearing to consider General Plan Amendment Street Transition Area GP -02-01, removing tlie West 19th Street Transition Area from the General Plan land use map; and an ordinance amending Title 13 of the Costa Mesa Municipal Code removing the Transition Area provisions from the zoning code. (The Transition Area is 854 through 1014 West 19th Street; even numbered properties only). The Affidavit of Publication is on file in the City Clerk's office. A communication was received from Sid Soffer, Las Vegas, who submitted his comments on removal of the Transition Area. The Associate Planner reviewed the Agenda Report dated April 25, 2002. She and the, Planning, and Redevelopment Manager responded to questions from Council. Council Member Cowan suggested that since this area is a part of a proposed Redevelopment zone and the community Redevelopment group has just been organized, that the item be postponed until such time as the Redevelopment Agency decides jurisdiction. Council Member Steel concurred that the Redevelopment Agency should review the status of the Transition Area. Tom Egan, 1893 Parkview Circle, Costa Mesa, was concerned about postponing the issue, stating that the area has been a "sore spot" for years, and' the Redevelopment Agency cannot make zoning decisions. He felt that the delay would set a precedent when consideration is given to rezoning the bluffs. Doug Scribner, 321 Avocado Street, No. P, Costa Mesa, proposed that Council allow businesses in the Transition Area to remain in perpetuity, and retain;- the ability to transfer the business assets along with the location: Robert Graham, 3260 Dakota Avenue, Costa Mesa, asked why this is an issue after 40 years. He observed that the street is not out of character with the balance of the west side, and suggested that the Redevelopment Agency be offered the opportunity to consider the situation. Sylvia Branson, 900 West 19th Street, Costa Mesa, asked that this matter be referred to the Redevelopment Agency. Jay Branson, 900 West 19th Street, Costa Mesa, stated that he and his wife own a hair salon on 19th street and are concerned about losing their business. He asked that a decision be withheld pending a determination regarding extension of 19th Street to Huntington Beach. W. D. Heidorn, 854 West 19th Street, Costa Mesa, protested the planned change. He; felt that families with small children will not purchase a home on West 19th' Street because of the traffic, and that the proposed change would Ibe unfair to all business owners on the street. Mr. Heidorn commented that property will be devaluated if the change is accepted. Taoward Lee, 904 West 19th Street, Costa Mesa, reported that he had previously run a business from his home which did not interfere with adjacent residential property. He opposed the proposed removal of the Transition Area. WOZA�11_ Nori Bunasawa, 880 West 19th Street, Costa Mesa, submitted a petition from the affected residents/landowners on the north side of West 19th Street, proposing that the current zoning be allowed to continue. He reviewed his objections to the change. There being no other speakers, the Mayor closed the public hearing. MOTION/Received A motion was made by Council Member Cowan, seconded by and Filed Council Member Steel, and carried 5-0, to receive and file GP -02-01 and the proposed ordinance, and to reconsider the issue if and when the Redevelopment Agency requests Council to look at the Transition Area. Council Member Cowan commented to Mr. Graham regarding the 19th Street. bridge that the determination to consider the bridge may come about gradually since the committee has just recently been formed. RECESS The Mayor declared a recess at 8:15 p.m., and reconvened the meeting at 8:25 p.m. OLD BUSINESS The Deputy City Clerk presented from the meeting April 15, 2002, Parking of Oversized a request to rescind first reading of Ordinance 02-3 regarding the and Nonmotorized parking of oversized and nonmotorized vehicles throughout the Vehicles City, and a direction to staff to prepare an oversized and nonmotorized vehicle ordinance similar to that currently in effect in the City of Newport Beach. Communications received are on file in the City Clerk's office: 13 supporting fair and just parking regulations for recreational vehicles; 5 supporting elimination of RV parking on streets except to load and unload; 15 to prohibit or severely restrict RV parking on City streets; 1 opposing any new parking regulations for RV's; 2 supporting an ordinance similar to the Newport Beach ordinance; and a request from David Goss, President, RV Owners' Association to allow six speakers to deliver prepared statements and for an extension of time if needed. The Police Lieutenant summarized the Agenda Report dated March 26, 2002, and responded to questions from Council. Mayor Dixon clarified that the rules in the Newport Beach ordinance for visitor's RV's are the same as those for resident's RV's. The Senior Deputy City Attorney added that the above-mentioned ordinance does not contain permit requirements, essentially there is a 24- hour limit with a possible 72 -hour extension. The resident at 281 Rochester. Street, Costa Mesa, observed that RV owners often park illegally in their driveways. Vickie Moore, Mesa Verde resident, indicated that she drives a vehicle pulling a trailer, and asked that the new ordinance address parking only the trailer on the street as she detaches her truck for everyday use. David Goss, 2021 Kornat Drive, Costa Mesa, President of Costa Mesa RV Owner's Association, asked that a few members of his organization be allowed extra time to speak on behalf of the entire membership, and that they be allowed to speak in sequence. Council concurred with this request. Mr. Goss noted the two issues to be addressed by the ordinance: fairness to residents who are not RV owners, noting that the Association is not advocating RV storage on the street; and fairness to the RV owners. He commented that RV's are an important part of the owners' lives, forming a basis for family recreation activities, and often acting as a second home. He stated that ease of enforcement of the ordinance should be second to the needs of the community. 9.11 Audrey Buck, 1890 Parkcrest Drive, Costa Mesa, gave a slide presentation which provided RV statistics, proposing that the 250 to 300 RV's targeted by citizen complaints represent less than 10 percent of the estimated population. She reported that there are few facilities with vacancies to store RV's, and requested that staff be directed to conduct a ;study on the ability of owners to comply with new parking restriction's with respect to availability of storage space, and to make considerations as ,to the extent this factor should be considered in phasing in those restrictions. Fred Sendra, 817 'Cortez Street, Costa Mesa, felt that Council should adopt an ordinance whichi recognizes the rights of all citizens, denying the necessity for a ballot measure. He objected to the alternative concept which would prohibit any and all RV parking. Frank Leingang, 3368 California Street, Costa Mesa, Secretary - Treasurer of Costa Mesa RV Owners' Association, concurred with the Agenda Report that an overnight parking ban is not a workable alternative, and supported creation of an ordinance similar to the one adopted in Newport Beach. He complimented Council on their efforts. Bill Folsom, 2700 Pederson Place, Costa Mesa, Vice President of Costa Mesa RV Owners' Association, reported that the Association fully supports a new ordinance based on the Newport Beach model. He asked Council to take a proactive role working on the problem of RV, boat, and trailer storage, including working with other city governments, the County Board of Supervisors, and the Navy to have a portion of .the former EI Toro Marine Corps Air Station preserved for RV parking. He also suggested using underutilized City property, and encouraged private development of storage in the City. John Blair, 1162 Dorset Lane, President of the Mesa Radio Communication Group, related ;that major restrictions will greatly reduce his ability to serve the City as an emergency radio person. A Costa Mesa resident felt that Council should address imposing fewer stipulations. Bernard Ungrodt, 927; Presidio Drive, Costa Mesa, opposed RV's being stored on City streets; but objected to the proposed restrictions. Frank Cummings, 3046 Capri. Lane, Costa Mesa, owner of a motorhome, appreciated the fact that an RV parked full-time on the street will significantly devalue the property in the neighborhood. He supported an ordinance similar to that in Newport Beach. Lori McDonald, 284. Walnut Street, Costa Mesa, stated her understanding that trailers, boats, and RV's were supposed to be enclosed behind a solid gate and out of view. The Senior Deputy City Attorney replied that this is the case if the vehicles are stored on private property. Ms. McDonald supported the proposed ordinance. Beth Refakes, 320 Magnolia Street, Costa Mesa, supported a City- wide ban on oversized vehicles, including dump trucks and like vehicles, as well as ! RV's. She felt that the City has spent considerable time to create a manageable system to appease a narrow segment of residents. The resident at 3026 Babb Street supported the 72 -hour time restriction, stating that it allows loading and unloading of RV's. Cindy Brenneman, 1856 Elba Circle, Costa Mesa, stated that she reported inconsiderate RV owners on two occasions, sharing the circumstances which she felt created a safety hazard. Sandy Ward, no address given, observed that the majority of motorhome owners are considerate. MOTION/Rescinded A motion was made by Council Member Cowan, seconded by Mayor Ordinance; Gave Dixon, and carried 5-0, to rescind the first reading of Ordinance 02 - Directions to Staff 3, directing staff to prepare an oversized and nonmotorized vehicle ordinance similar to that currently in effect in the City of Newport Beach, to include all streets within the City, to work out the 72 -hour question regarding permission for emergencies and extensions, retaining as close as possible the wording of the Newport Beach ordinance, to address commercial/heavy vehicles, and asking that prior to returning to City Council for first reading, a town hall meeting be held to include the Costa Mesa RV Owners' Association and other interested persons, including those who spoke about a complete ban/control at the last several meetings. Mayor Dixon requested that the ordinance spell out that the 24 hours be included in the 72 hours, granted for hardship, and ensure that visitors with RV's have the same restrictions as residents. She asked for staff to provide information regarding restrictions on RV's with handicap placards, requesting that the information be included in the ordinance. Mayor Dixon referred to the above as clarification of the ordinance, and Council Member Cowan agreed to the addition to the motion. Council Member Robinson supported the motion and thanked the RV owners for their participation in the process. She felt that the manner in which the issues were presented was effective and aided in arriving at a decision that is best for the City. Council Member Steel thanked staff and the RV owners for their efforts. OLD BUSINESS The Deputy City Clerk presented a request from Council Member Resolution 02-25, Cowan for the City Council to reconsider. Resolution 02-25, Executive Compen- Executive Compensation, adopted on April 15, 2002. Council sation Member Cowan expressed her concern that adoption of Resolution 02-25, changing the "Executive to the City Manager" title to "Deputy City Manager -Legislation and Public Affairs", would place the position at a level which is not appropriate in terms of the organizational structure of the City. She felt that the title indicated a person second in command in the City, and she did not agree that is warranted by the position in question. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 02-31 Council Member Robinson, and carried 5-0, to adopt Resolution 02- 31, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION 02-25 AND REVISING THE EXECUTIVE SALARY SCHEDULE TO REFLECT A JOB TITLE CHANGE, changing "Deputy City Manager - Legislation and Public Affairs" to "Legislation and Public Affairs Manager". NEW BUSINESS The Deputy City Clerk presented the third quarter Community 2001-2002 Com- Objectives report for Fiscal Year 2001-02. The Budget and munity Objectives Research Officer summarized the Agenda Report dated April 26, 2002. MOTION/Received A motion was made by Mayor Pro Tem Monahan, seconded by and Filed Council Member Robinson, and carried 4-0, Council Member Cowan absent, to receive and file the report. NEW BUSINESS The Deputy City Clerk presented Part One crime increases for Part One Crime 2001. The Police Chief and Police Patrol Services Captain Increases summarized the Agenda Report dated April 15, 2002, and responded to questions from Council. The Police Chief noted the differences among reporting techniques between the cities, and indicated that Costa Mesa records each and every crime. Council Member Steele felt that it is unfair to Costa Mesa that other cities do not adhere to:the same,reporting system. The Police Chief replied that citizens should not be concerned about crime in other cities but only what occurs in Costa Mesa. Tom Egan, 1893 Parkview Circle, Costa Mesa, commented that the agenda report is difficult to understand. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, felt that crime in the City is related to the number of illegal aliens. The Police Chief disagreed with that ,assessment. Mr. Millard asked for statistics attesting to his assertion, and the Police Chief suggested that he contact the Immigration and Naturalization Service. MOTION/Received A motion was made by Council Member Robinson, seconded by and Filed Council Member Cowan, and carried 5-0, to receive and file the report. Council Member Cowan thanked the Police Chief and Police Captain for presenting; this information and for their part in reducing Part One crime. Mayor Dixon; concurred, reinforcing that every crime, however small, should be reported to the Police Department. NEW BUSINESS The Deputy City Clerk presented an ordinance amending Title 12 of Parks and the Parks the Costa Mesa Municipal Code regarding City parks and the Commission Parks, Recreation Facilities and Parkways Commission. The Public Services Director reviewed the Agenda Report dated April 29, 2002. He suggested revising Section 12-20, Item 16, to read as follows, "Operate a remotely controlled vehicle with an internal combustion engine on or within any park, square, grounds or recreation center, except in areas as designated by the Administrative Services Director." Council Member Cowan asked that the water fowl in No. 18 be identified as such, and not referred to as "wild animals". The Public Services Director noted the name change, Chapter III, from "Parks, Recreation Facilities and Parkways Commission" to "Parks and Recreation Commission". Katrina Foley, 2778 Lorenzo Avenue, Costa Mesa, indicated that while her children enjoy feeding the ducks at TeWinkle Park, she felt that it is important to clean up the park and also address the squirrel problem. She proposed sending notices to homeowners associations and residents in the Mesa del Mar neighborhood as to the changes proposed in the ordinance. Ms. Foley objected to Section 12-28, which prohibits riding a bicycle, skateboarding or rollerskating on basketball courts -in the park, and recommended that the restriction be removed. In Section 12-57, she suggested changing "Chairman, vice-chairman" to "Chair, vice -chair'. Tom Egan, 1893 Parkview Circle, Costa Mesa, suggested adding "hang gliders" to Section 12-20, Disorderly conduct, Section (8). 1 LJ 1 MOTION/Gave A motion was made by Mayor Pro Tem Monahan, seconded by Ordinance 02-10 Council Member Steel, and carried 5-0, to give first reading to First Reading Ordinance 02-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 12 OF THE COSTA MESA MUNICIPAL CODE REGARDING CITY PARKS AND THE PARKS AND RECREATION COMMISSION, removing from Section 12-20(18) the prohibition relating to feeding ducks and geese in TeWinkle Park; removing from Section 12-28, the prohibition regarding riding a bicycle, skateboard or rollerskates on basketball courts in the park; and revising Section 12-57(a) to "Chair, Vice -chair". Second reading and adoption are scheduled for the meeting of May 20, 2002. Council Member Cowan thought that there is a health and safety issue regarding the water fowl, but suggested the feeding exclusion for TeWinkle Park. Mayor Dixon supported the motion, and proposed public education and signage to encourage responsible feeding. NEW BUSINESS The Deputy City Clerk presented the Business Improvement Area BIA Reauthorization (BIA) reauthorization: Annual report for Fiscal Year 2002-2003; and a resolution declaring the Intention to levy an annual assessment for Fiscal Year 2002-2003 for a Business Improvement Area covering certain Costa Mesa hotels and motels. The Legislation and Public Affairs Manager reviewed the Agenda Report dated April 17, 2002. Dan King, General Manager, Westin South Coast Plaza, 686 Anton Boulevard, Costa Mesa, speaking on behalf of general managers and the Conference and Visitors Bureau, thanked Council for their support. He provided Council with examples of advertising and promotions conducted over the past year, stating that the quality of the work has been recognized by their peers and the industry. Council Member Steel complimented Diane Pritchett on her work with the Costa Mesa Tourism and Promotion Council. MOTION/Approved A motion was made by Council Member Cowan, seconded by Mayor Annual Report; Dixon, and carried 5-0, to approve the annual report, and to adopt Adopted Resolution Resolution 02-32: A RESOLUTION OF THE CITY COUNCIL OF 02-32; Set Hearing THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS for June 17, 2002, INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL at 6:30 p.m. YEAR 2002-2003 FOR A BUSINESS IMPROVEMENT AREA COVERING CERTAIN COSTA MESA HOTELS AND MOTELS AND SETTING THE TIME AND PLACE OF A PUBLIC HEARING ON PROPOSAL, reauthorizing boundaries for the Assessment District, approving the budget, and setting a public hearing on June 17, 2002, at 6:30 p.m. RECESS The Mayor declared a recess at 10:35 p.m., and reconvened the meeting at 10:45 p.m. NEW BUSINESS The Deputy City Clerk presented a request from "Cruisin for a Cure" "Cruisin for a Cure" for a waiver of $3,794.50 in fees for the cost of police officers to Fee Waiver control the traffic and overflow of parking for their annual event on September 28, 2002, at the Orange County Fairgrounds. The Legislation and Public Affairs Manager summarized the Agenda Report dated April 18, 2002. MOTION/Denied On motion by Mayor Pro Tem Monahan, seconded by Council Waiver Member Cowan, and carried 5-0, the waiver was denied. 297 NEW BUSINESS The Deputy City Clerk presented a request from the 2002 Police Police and Fire and Fire Olympic Games for a waiver of the $100.00 Special Event Olympic Games Fee Permit Fee and the estimated cost of up to $8,000.00 for Costa Waiver Mesa Police services from June 16 through 22, 2002, in several locations including the Orange County Performing Arts Center and the Westin Hotel in ;Costa Mesa. The Legislation and Public Affairs Manager summarized the Agenda Report dated April 17, 2002. Lieutenant Dave Petko, Santa :Ana Police Department, 60 Civic Center Plaza, M-18; Santa Ana,, Operations Director for the event, provided additional information regarding schedules, adding that the cities of Irvine, Long Beach, and Anaheim have waived fees. He provided background information speculating that 8,000 visitors will participate, and reported that the charities receiving donations are "generic". MOTION/To Grant A motion was made by Council Member Steel, seconded by Council Waiver Member Robinson, to ;waive the $100.00 Special Event Permit Fee and the Police service ;cost at a straight time rate of $4,500.00. Council Member Robinson expressed concern stating that the previous request, which is also a worthy cause, had been denied. She wondered if Jn' the future - the City would be open to discrimination claims on the grounds of fees being waived for some organizations and not for others: The City Attorney felt that it is at Council's discretion whether to grant the waiver depending upon individual circumstances. Mayor; Pro Tem Monahan felt comfortable granting this request because it iis a very special event which does not occur often. i SUBSTITUTE A substitute motion ;was made by Mayor Pro Tem Monahan, MOTION/Granted seconded by Council Member Cowan, and carried 4-1, Council Waiver Member Robinson voting no, to grant the waiver of the $100.00 Special Event Permit Fee and the estimated cost of up to $8,000.00 for Costa Mesa Police services,. absorbing the costs in the Council special projects fund rather than the Police Department operating budget. NEW BUSINESS The Deputy City Clerk presented the following General Plan General Plan Amend- Amendment Screening Requests: ment Screening Requests Screening Request GPS -02-01 from Coralee Newman, Government Solutions, 230 !Newport Center Drive, Suite 210, Newport Beach, : and Joseph Brown, 19762 MacArthur Boulevard, Suite 150, Irvine, for property at 1626 and 1640 Newport Boulevard. Screening Request GPS -02=02 from Shaheen Sadeghi, 5501 30th Street, Newport Beach,' and Marc Kaplan, 11570 Martens River Circle, Fountain Valley, for property at 709 Randolph Avenue. The Senior Planner reviewed the Agenda Report date April 29, 2002, and responded to questions from Council. Referring to GPS - 02 -01, she stated that the request is for an increase in floor area ratio (FAR) from .30 to .50 and an increase in the maximum building height from 4 stories to 5 stories. Concerning the second request GPS -02-02, she reported that the request is for a mixed use project that would allow a unique combination of retail, office, and living space in a single building. Mayor Pro Tem Monahan noted his primary concern with the second request is traffic and trip 1 1 generation. Council Member Steel supported allowing the applicants for GPS -02-01 to bring their application to the Planning Commission. Carol Hoffman, representing the applicants for property at 1626 and 1640 Newport Boulevard, pointed out that all nearby properties along Newport Boulevard are commercial, and there is a need for the proposed medical office building. She reviewed the project, stating that the increased FAR has been requested in order to provide a building that will be aesthetically pleasing and would fit in with the area. Ms. Hoffman maintained that the medical office building will be significantly lower in terms of traffic generation which is one of the reasons for authorizing a general plan amendment. She asked that their request not be denied, and wanted the opportunity to speak further with the Planning Commission regarding the ultimate square footage and the FAR. She responded to questions from Council. Beth Refakes, 320 Magnolia Street, Costa Mesa, did not think that a four- or five -story building would -be compatible with the other buildings in the neighborhood. She commented that an exit from the site onto Orange Avenue would generate too much traffic. Cindy Brenneman, 1856 Elba Circle, Costa Mesa, objected to substituting a medical office building for housing, and urged denial of the request. Lori McDonald, 284 Walnut Street, Costa Mesa, asked when the City will stop allowing large businesses to encroach into small neighborhoods. MOTION/To Deny A motion was made by Council Member Robinson, seconded by Request Mayor Dixon, to deny the GPA Screening Request for GPS -02-01 for reasons expressed by staff that they would like to do more investigation of the area and some of the issues raised by this particular project prior to processing the request. Mayor Pro Tem Monahan commented that since this is merely a request for screening, concerns regarding the project could be addressed and studied during the next phase which is the actual project submittal. He stated that the project will be located on Newport Boulevard which is zoned commercial, thought that the five - story height would be too high, commented on the tremendous need for medical buildings, and encouraged Council to allow the applicants to proceed with this request. SUBSTITUTE - A substitute motion was made by Mayor Pro Tem Monahan, MOTION/Accepted seconded by Council Member Steel, and carried 3-2, Council GPS -02-01 for Members Dixon and Robinson voting no, to accept the request for Processing processing with the staff recommended alternative to maintain the four-story height limitation; allow a maximum FAR of 0.40 and maximum building area of 76,650 square feet; and require a trip budget for the property and restricted use of the buildings to medical offices only. Mayor Dixon opposed the motion, stating that she had met with the property owner several months ago and the objections that she had at that time had not been addressed. Ms. Hoffman asked for clarification of the motion regarding the square footage, stating that it could be part of the analysis that would occur. Mayor Pro Tem Monahan replied that at this point he was holding to the staff recommendation but indicated that if she made an argument for, a higher FAR, staff could consider that. Ms. Hoffman indicated that she preferred not to have anything in the motion that would preclude that discussion from being analyzed and considered. Council Member Cowan approved of the medical building concept in lieu of retail but expressed concern regarding the loss of housing. MOTION/Accepted On motion by Mayor Pro Tem Monahan, seconded by Mayor Dixon, GPS -02-02 for and carried 5-0, GPA ScreeningRequest GPS -02-02 was accepted Processing for processing, stipulating that a trip budget be prepared and the scope of the GPA be, expanded to include all nine parcels along Randolph Avenue. The Senior Planner advised that the formal processing of these applications through the Planning Commission will be in August, 2002, moving forward to City Council in September, 2002. NEW BUSINESS The Deputy City Clerk'presented -a request from the Orange County OCRAA Measure W Regional Airport Authority (OCRAA) for City adoption of a Resolution resolution joining litigation challenging Measure W (the Park and Nature Preserve Initiative at the EI Toro Marine Corps Air Station). Communications in support of joining in litigation challenging Measure W were received from Rick Beville, 119 West Palmyra Avenue, Orange; Chris and Jessica Duma, 1000 Santiago Drive, Newport Beach; Clarence Alvey III, Fountain Valley; Norm Ewers, 47 Seton Road, Irvine; ' James Moore, no address given; Linda Newman, 2017 Anaheim Avenue, Unit 4, Costa Mesa; and Geoff Williams, Costa Mesa: A communication was received from Keith and Lois Raffel, 2024 Swan Drive, Costa Mesa, opposing an airport at El Toro. A communication was received from Ann Watt, The New Millennium Group, 2967 Michelson Drive, Suite G202, Irvine, supporting a request to the Orange County Supervisors to place a Reasonable Airport, Park & Nature Preserve on its May 14th agenda, and on the November ballot. The City Manager summarized the Agenda Report dated- May 2, 2002. Council Member Steel, the City's representative to OCRAA, reported that the request is for the City to be.named a'plaintiff in the legal action against Measure W. He supported that action. Jack Wagner, Deputy; Executive! Director of OCRAA, reported that 68.6 percent of the City's voters opposed Measure W. He indicated that the measure retracts authority given to the Orange County Board of Supervisors by the State and Federal governments. Mr. Wagner indicated that there is .no cost to the City to participate, reported that eight other cities had joined in the lawsuit, and urged Council to assist in making this political statement. George Margolin, 701 Irvine Avenue, Newport Beach, asked the City to join OCRAA in the lawsuit, and observed that if Measure W is not defeated in court, Costa Mesa and Newport Beach will be destroyed by the certain growth; and encroachment of John Wayne Airport (JWA). Cathy Margolin, 701 Irvine Avenue, Newport Beach, reported that there is no downside in joining the lawsuit. Geoff Williams, 2539, Westminster Avenue, Costa Mesa; Tony Ballard, 2455 Santa Ana Avenue, Costa Mesa, and Beth Refakes, 320 Magnolia Street, Costa Mesa, urged Council to join the lawsuit. 1 J Art Bloomer, resident of Irvine, Executive Director of OCRAA, asked that the City become a co -plaintiff in the lawsuit, noting that now is the time to speak up to represent their constituents. Motion to Approve A motion was made by Council Member Steel, seconded by Mayor Failed to Carry Pro Tem Monahan, to approve OCRAA's request that the City join the litigation in the lawsuits, and accept the Airport Working Group's (AWG) proposed indemnity agreement. The motion failed to carry 3-2, Council Members Dixon, Cowan, and Robinson voting no. Council Member Steel asked to continue this item awaiting more information from OCRAA and AWG. Council Member Cowan replied that she did not need more information, stating that it is time to disassociate from this process which has been going on since Measure A. She observed that JWA is a completely different matter than this challenge will ever address. Mayor Dixon stated that it is important for her to focus her time and energy on retaining strong limits and no expansion at JWA. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORTS/Request Government Code Section 54956.9(a) and 54956.9(c) to discuss for Closed Session: Paul Wilbur vs. City of Costa Mesa, Lighthouse Community Wilbur vs. City; Church, Orange County Superior Court Case No. 01 CC137752; 268 Flower Street; authorization for the City Attorney to file a civil lawsuit in Orange and 125 Cabrillo County Superior Court seeking to abate a public nuisance Street occurring on the property of Gary Johnson at 268 Flower Street; and authorization for the City Attorney to file a civil lawsuit in Orange County Superior Court seeking to abate a public nuisance occurring on the property of Theodore Tanner at 125 Cabrillo Street. Council concurred with the City Attorney that the information provided in his reports was adequate, declining a need for discussion and a closed session. MOTION/Approved Regarding Paul Wilbur vs. City of Costa Mesa, Lighthouse Recommendation Community Church, Orange County Superior Court Case No. in Wilbur vs. City 01 CC137752, a motion was made by, Mayor Pro Tem Monahan, seconded by Council Member Steel, and carried 5-0, to approve the recommendation as contained in the City Attorney's confidential memorandum dated May 1, 2002. MOTION/Approved Regarding the property of Gary Johnson at 268 Flower Street, on Recommendation to motion by Mayor Pro Tem Monahan, seconded by Mayor Dixon, File Lawsuit Re and carried 5-0, the City Attorney was authorized to file a civil 268 Flower Street lawsuit in Orange County Superior Court seeking to abate a public nuisance in accordance with the City Attorney's confidential memorandum dated May 2, 2002. MOTION/Approved Regarding the property of Theodore Tanner at 125 Cabrillo Street, Recommendation to on motion by Mayor Pro Tem Monahan, seconded by Mayor Dixon, File Lawsuit Re and carried 5-0, the City Attorney was authorized to file a civil 125 Cabrillo Street lawsuit in Orange County Superior Court seeking to abate a public nuisance in accordance with the City Attorney's confidential memorandum dated May 2, 2002. CITY MANAGER'S The City Manager presented the fiscal year 2002-2003 City REPORT/Budget Budget, reporting that it will be discussed at the, June 10, 2002, Council Study Session, 4:30 p.m., and adoption is scheduled for the_ regular Council meeting June 17, 2002. He announced that copies will be available in the City Clerk's office, at both --Costa Mesa libraries, and on the City's website, --wwW.ci.costa- mesa.ca.us, on Monday, May 13, 2002: The Finance- Director clarified that the document on the website can be downloaded in its entirety as a "read only" file. CITY MANAGER'S The City Manager presented a request for clarification of the REPORT/March 4, motion on Page 11 of the regular meeting March 4, 2002 regarding 2002, Minute City Streets and Missing Link Sidewalks. He stated that Mayor Pro Clarification Tem Monahan had clarified that the intent was that net revenue allocations for capital improvements be brought forward as part of the budget process. MOTION/Included A motion was made by Mayor Pro Tem Monahan, seconded by Capital Improvements Council Member Robinson, and -carried 5-0, to include street and in Budget Process missing link sidewalks in the budget process. COUNCIL Council Member Robinson commented that Police Chief Dave COMMENTS Snowden and Fire' Chief Jim Ellis participated in a Town Hall Town Hall Meeting meeting hosted by the Costa Mesa Human Relations Committee and Mesa Verde Inc. 'Homeowners Association, and the event will be shown on Channel 61. Indoor Skateboard Council Member Steel hoped that if there is a development Park agreement with C. J.' Segerstrom and Sons regarding the Mesa Verde Shopping Center, that the City could retain the Kona Lanes and the Ice Chalet for use as an indoor skateboard park. Brunette Installation Council Member Cowan thanked: staff for the new covered chairs in the Council Chambers. She 'reported that she had attended Recreation Supervisor; Richard Wunette's installation as President of the California Parks and Recreation Society, District 10. At the Costa Mesa Cares same meeting, she accepted a volunteer award, along with Newport - Mesa Unified School District Board Member Dave Brooks, for the Costa Mesa Cares project. She explained that this is a collaborative effort between the District, the City, and several nonprofit organizations, to create a coalition addressing recreation and after- school care, educational opportunities, special programs, etc. She Community Redeve- presented the plaque; to Mayor Dixon. Council Member Cowan lopment Action stated that she had attended the Community Redevelopment Action Committee Meeting Committee meeting on Tuesday,April 30, 2002, and was impressed by the number in attendance, and noted the enthusiasm. Sonora School Mayor Dixon congratuiated Sonora School for being recognized as the California Distinguished School, and thanked parents, teachers, community members, and students. She commended the members Las Vegas to of the Costa Mesa Police Department who participated in the Baker Bakersfield Run to Las Vegas run. She announced that she volunteered to be a participant in the Children's Hospital of Orange County (CHOC) CHOC Follies Follies on May 17, 18, and 19, 2002, in a tent at the Performing Arts Center. ADJOURNMENT The Mayor declared the meeting adjo rued at 12:20 a.m. Mayor of the City of Costa Mesa ST-