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HomeMy WebLinkAbout09/16/2002 - City Council1 1 ROLL CALL MINUTES September 3, 2002 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 16, 2002 The City Council of the City of Costa Mesa, California, met in regular session September 16, 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 Boy Scout Troop No. 106, and invocation by Robert Krattli, First Church of Christ Scientist. Council Members Present: Council Members Absent Officials Present: Mayor Linda Dixon Mayor Pro Tem Gary Monahan Council Member Libby Cowan Council Member Karen Robinson (arrived at 9:35 p.m.) Council Member Chris Steel None City Manager Allan Roeder Development Services Director Donald Lamm Public Services Director William Morris Police Administrative Services Commander Scheralee Ford Police Lieutenant Karl Schuler Recreation Manager Stacia Mancini Building Official Rick Brown Assistant Planner Wendy Shih Deputy City Clerk Julie Folcik On motion by Mayor Pro Tem Monahan, seconded by Council Member Cowan, and carried 4-0, Council Member Robinson absent, the minutes of the regular meeting of September 3, 2002, were approved as distributed. ORDINANCES AND A motion was made by Mayor Pro Tem Monahan, seconded by RESOLUTIONS Council Member Cowan, and carried 4-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Dixon announced that a proclamation has been prepared Breast Cancer Aware- for the American Cancer Society declaring October as Breast ness Proclamation Cancer Awareness Month. ANNOUNCEMENT Mayor Dixon announced Old Business No. 1, request for a Planning Application rehearing of Planning Application ZA-01-63, would not be heard ZA-01-63 this evening, as the applicants had withdrawn their application. PUBLIC COMMENTS Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, Gang Problems recounted the continuous problems with illegal aliens in the City, and gang problems in his neighborhood. Segerstrom Educa- Doug Sutton, 2739 Canary Drive, Costa Mesa, discussed the tional Foundation Segerstrom Educational Foundation's need to agree on a purpose. Regarding the skateboard park he asked that the skateboard Skateboard Park community make a commitment to collaborate with the City in the creation and operation of the skateboard park. He stated his support for the City Attorneys. 404 406 Water Conservation Heather Somers, 313 Robin Hood Lane, Costa Mesa, stated her grave concern regarding the depletion of our water supply from the underground water basin which is managed by the Orange County Water District, and encouraged water conservation in the City. She described factors that may increase water rates in the upcoming months. Berry Comments Mike Berry, 2064 Meadow View Lane, Costa Mesa, a member of the Westside Improvement Association, commented on land use and cited examples of non-compliance within the City, and stated the problems are not being taken care of. Mayor Dixon commented that the CHOC Clinic at Rea School would need a General Plan Amendment and zoning changes, and she did not accept what was being presented. She was further advised by the Newport -Mesa School District that CHOC has dropped the idea at this point. Skateboard Park Janice Davidson, 1982 Arnold Avenue, Costa Mesa, agreed with Mr. Sutton regarding the skateboard park; reiterated the need for Water Conservation water conservation in the City; and discussed a dog attack in her neighborhood. Megan's Law Doug Scribner, 321 Avocado Street, Costa Mesa, believes that the City website should be updated to include the name and phone number of Holly Carver, Police Crime Analyst, in order for citizens to obtain information in accordance of Megan's Law, regarding sex offenders that may reside in their neighborhood. Waste Trucks Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, asked that the issue of waste trucks which are parked in a number of neighborhoods during the day, and sometimes overnight, be researched. Mr. Humphrey suggested that the City should stand united on issues that benefit the community and are positive for their quality of life. Adult Soccer Fields Jose Pacheco, 988 EI Camino Drive, No. 2, Costa Mesa, stated he still had not been contacted regarding the availability of adult soccer fields in the City. LAFCO Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, gave an overview of the Local Agency Formation Commission (LAFCO) meeting, stating that LAFCO staff recommended to the Commissioners that Santa Ana Heights is a community in and of itself and deserves to stay a community by being annexed as a City. Recreational Soccer Branden Cortez, 1973 Federal Avenue, Costa Mesa, stated that he would like to play recreational soccer at any field available in the community. Westside Costa Mesa Jan Peterson, 1996 Maple Avenue, Costa Mesa, discussed her distress at the deterioration of the Westside neighborhood where she is a property owner, noting problems with gang fights in the area. Code Enforcement Phil Morello, Post Office Box 10487, Costa Mesa, recounted the Issues numerous calls he has made to Code Enforcement and the Police Department regarding problems on the Westside. He feels little or nothing is being done to solve problems such as vending trucks, trash, and trashcans that are in view of the street. 2135 Sterling Avenue Christina Collins, 2136 Raleigh Avenue, Costa Mesa, addressed a house which is being constructed at 2135 Sterling Avenue. She also showed photographs, which depict the home as not being harmonious with the surrounding neighborhood, and thanked Council Member Steel for visiting the location. Mayor Dixon advised she had also seen the house, and has requested additional information regarding the structure being constructed. Council Member Steel empathized with Mrs. Collins, and was aghast that such a project could have been approved. He was told that there was a petition that was submitted by the neighbors which was never received by the Deputy City Clerk, or the City Council. He further asked why this project was not brought to the City Council or the Planning Commission for approval before construction. Newport/Broadway Beth Refakes, 320 Magnolia Street, Costa Mesa, thanked the City Damaged Curb Manager for a copy,of the letter that was sent to CALTRANS from the Public Services Director regarding the damaged curb on Newport Boulevard and Broadway. She stated that the dumpster Dumpster Removal located at 300 Magnolia Street had been removed, as the Development Services Director had, promised, per Planning Long Beach Application PA -00-56 Conditions of Approval. Ms. Refakes Flight Patterns confirmed the airplanes flying over the Mesa Verde area are from the Long Beach Airport. She noted the amount of noise which "Taste of Newport" filtered into the eastside of the City from the entertainment at the "Taste of Newport" the previous weekend; and questioned if there is a possible completion date for the Seismic Retrofit of City Hall. Seismic Retrofit The Public Services Director responded that there is no completion Completion date at this time, but negotiations are being held with the bonding company to complete the project. 2135 Sterling Avenue Jenny Tavares, 2132 Raleigh Avenue, Costa Mesa, discussed the project under construction at 2135 Sterling Avenue, stating she did not understand how the Zoning Administrator could have approved the Minor Design Review, and asked Council to investigate this matter. RV Ordinance Georgia Morris, 281 Rochester Street, Costa Mesa, thanked Lieutenant Karl Schuler for his work on the RV parking ordinance. She stated that the problem with cars parking on the sidewalk in her neighborhood has been resolved. Wallace Area Improve- Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, ment Group remarked that the Wallace Area Improvement Group is doing a good job keeping up the apartments in the area, and that these apartments have on -sight managers. Lion's Park John Lever, 2184 Miner Street, Costa Mesa, thanked the City for the recreation center, but expressed concern about Lion's Park, stating that transients, excessive trash, lewd acts taking place in the restrooms, and fights, dissuades groups of utilizing the park for their activities because of safety concerns. 9/11 Memorial Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Mesa, voiced her thanks for the 9/11 Memorial that was held at the Fairgrounds, believing it was a wonderful tribute. She stated that the flag/quilt shown at the Neighborhood Community Center was Senior Mobility beautiful. She appreciated the Senior Mobility Program for the Program City, and commented that she still wants to see fireworks banned in the City. She addressed comments made by Richard Reiser 19th Street Traffic regarding the traffic on 19th Street and the safety of people crossing the street on Pomona to Monrovia Avenues. The City Manager advised that staff has followed up with Mr. Reiser to identify specific concerns and is continuing to work with him on the problem. Santa Ana Heights Robert Graham, 3260 Dakota Avenue, Costa Mesa, reported that Annexation he attended the LAFCO meeting where the City Manager and staff took abuse from people who live in West Santa Ana Heights and prefer to be annexed to Newport Beach instead of Costa Mesa. He felt that this area should be annexed to Costa Mesa. Mesa North Crime John Feeney, 1154 Dorset Lane, Costa Mesa, described a serious crime problem in the Mesa North neighborhood which is boarding house businesses that have proliferated in the area. He reported that -the Police have been called to investigate a rape, and an assault on a minor. He further stated his confusion of a business being allowed to operate in an R1 neighborhood. The Development Services Director stated the zoning code currently allows rental of up to three bedrooms of a single family home to up to three unrelated individuals, but that a use permit is required if more rooms are to be, rented out. Daily Pilot Articles Paul Wilbur, 312 Magnolia Street, Costa Mesa, addressed current articles in the Daily'Pilot which he did not appreciate. Zoning Administrator Al Morelli, 3412 Geranium Street, Costa Mesa, objected to having Decisions to pay a fee to appeal the Zoning Administrator's decision that he or other residents do not agree with. He did not understand why Orange Coast College the Orange Coast College Swap Meet cannot be held on Swap Meet Saturday's and Sunday's. Council Member Cowan did not believe the City is holding up progress on this issue, and the Development Services Director confirmed that discussion of the Orange Coast College Swap Meet, is tentatively scheduled for the Planning Commission meeting of October 14, 2002. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 5, Agreement with Western Transit System for a Senior Mobility Program, and Budget Adjustment No. 03-025 for $51,203.00; Item No. 6, Joint Use Agreement for use of athletic fields; Item No. 9, Release of Special Tax Lien; and Item No. 11, Resolution for increase in fines for oversized, non -motorized, and commercial vehicles. MOTION/Approved On motion by Mayor Pro Tem Monahan, seconded by Council Except Item Nos. 5, 6, Member Steel, and carried 4-0, the remaining Consent Calendar 9, and 11 items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claim Claim received by the Deputy City Clerk: Bret Hansen. Alcoholic Beverage Alcoholic Beverage Control (ABC) License requests: Licenses The Wrapper, 3333 Bristol Street, Suite 1505 (South Coast Plaza), for a premise -to -premise transfer of an existing Type 20 ABC license (off -sale beer and wine). San Sivar Restaurant, 1940 Harbor Boulevard, for an original Type 41 ABC license (on -sale beer and wine for a bona fide eating place). 1 1 Niko Niko Sushi, 2300 Harbor Boulevard, Suite N5 (Harbor Shopping Center), for a person-to-person transfer of an existing Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Dish Cooking School, 435 East 17th Street, Suite B, for an original Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Scampi Restaurant, 1576 Newport Boulevard, for a person-to- person transfer of a Type 47 ABC license (on -sale general for a bona fide eating place). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1917, funding Payroll 218 for 1917/Payroll 218 $1,965,061.12, and City operating expenses for $403,978.68. Approved Warrant Warrant Resolution 1916, funding City operating expenses for 1918 $503,329.41. ADMINISTRATIVE An agreement was approved to extend the contract with Nabil ACTIONS/Approved Nasre, D.V.M., Orange County Humane Society, 21362 Newland Agreement with O.C. Street, Huntington Beach, to provide animal shelter and related Humane Society services for a three-year period, for an amount not to exceed $147,000.00, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Awarded Contract for Bids received for Completion of Upgrade Requirements on Completion of Upgrade Underground Storage Tanks at Various Locations, Project No. 02 - Requirements on 10, are on file in the City Clerk's office. The contract was awarded Underground Storage to Hy-Serco, Inc., 16233 Minnesota Avenue, Paramount, for Tanks, Project No. 02- $95,500.00, the Mayor and Deputy City Clerk were authorized to 10, to Hy-Serco, Inc. sign on behalf of the City, and Budget Adjustment No. 03-024 was approved for $105,050.00. Approved Sole Source The Sole Source Purchase was approved of One Forensic Video Purchase of Video Enhancement System from Ocean Systems, 4016 Blackburn Lane, System from Ocean Burtonsville, Maryland, for $29,867.00, using 2001-2002 California Systems Law Enforcement Equipment Program grant funds. Adopted Resolution Resolution 02-69 was adopted: A RESOLUTION OF THE CITY 02-69, Revising Pay COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ranges for CMPA REVISING THE PAY RANGES FOR TWO JOB CLASSIFICATIONS REPRESENTED BY THE COSTA MESA POLICE ASSOCIATION (CMPA). Agreement with Western Transit System for Senior Mobility Program MOTION/Approved Agreement and Budget Adjustment No. 02-035 Item No. 5 on the Consent Calendar was presented: Agreement with Western Transit System, 1619 East Lincoln Avenue, Anaheim, for a Senior Mobility Program — Driver Services, for a three-year period with two optional one-year extensions, with $51,203.00 funded by the Orange County Transportation Authority Senior Mobility Program for the first year, with annual inflation adjustments, and Budget Adjustment No. 03-025 for $51,203.00. The Recreation Manager gave a brief presentation. On motion by Council Member Cowan, seconded by Mayor Pro Tem Monahan, and carried 4-0, the agreement was approved, the Mayor and Deputy City Clerk were authorized to sign on behalf of the City, and Budget Adjustment No. 03-025 was approved for $51,203.00. �C - - -1,0 Joint Use Agreement Item No. 6 on the Consent Calendar was presented: A joint use with Newport -Mesa agreement between the City of Costa Mesa and the Newport -Mesa Unified School District Unified School District for use of athletic fields by the City's youth For Athletic Field Use sports,organizations and the public, as well as access to buildings, classrooms, multi -use rooms, auditoriums, etc., for a five-year period, with five-year renewal intervals. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, expressed his concern regarding this agreement. Council Member Steel commented he is hopeful that this agreement does not adversely affect the residents on Iowa Street and Gisler Avenue near California and TeWinkle Schools. The Recreation Manager responded that the intent of this agreement is to build better communication between the City and the School District with regards to how fields are permitted and maintained. Bob Love, Mesa Verde resident, commended the City Council and the State Board of Education for their respect of staff for the work put forth that culminated in this agreement. Doug Sutton, 2739 Canary Drive, Costa Mesa, supported Mr. Love's statement, and offered his compliments to staff and City Council for working with the School District on this agreement. Paul Wilbur, 312 Magnolia Street, Costa Mesa, questioned if there was a possibility of using other schools in the community. John Feeney, 1154 Dorsett Lane, Costa Mesa, asked if the agreement included adult soccer leagues at Paularino School. The Recreation Manager responded that the facilities will be used that are appropriate for the size, explaining that some facilities do not have fields large enough to accommodate adult sports leagues. MOTION/Approved On motion by Council Member Cowan, seconded by Mayor Pro Joint Use Agreement Tem Monahan, and carried 4-0, the Joint Use Agreement was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Release of Special Tax Item No. 9 on the Consent Calendar was presented: Release of Lien Special Tax Lien in connection with Community Facilities District No. 97-1 (Sunflower Avenue Utility Undergrounding Project); Robert Graham, 3260 Dakota Avenue, Costa Mesa, understood that the widening of Sunflower Avenue and the undergrounding of the utilities originally was partially funded by the City, and was taken from the bikeway fund. He asked why the bike lane striping ended at Harbor Boulevard when the undergrounding continued past Whittier Law School, and asked if this Release could be delayed until the work, is completed. The Public Services Director advised this item addresses only the Underground Utility District, and has nothing to do with the street striping. He responded to MOTION/Approved questions from Council. On motion by Mayor Pro Tem Monahan, Release of Special seconded by Council Member Steel, and carried 3-1, Council Tax Lien Member Cowan voting no, the Release of Special Tax Lien was approved, and the Deputy City Clerk was authorized to sign the Notice of Cessation of Special Tax Lien on behalf of the City. Resolution for Increase Item No. 11 on the Consent Calendar was presented: Resolution in Fines for increase in fines for oversized, non -motorized, and commercial vehicles. Bill Folsom, 2700 Peterson Place, Costa Mesa, remarked that the RV ordinance previously passed by Council restricted freedom for RV owners in the community, and asked that 41� this resolution be postponed for at least a year to make certain the RV ordinance is working. The Police Lieutenant responded to MOTION/Adopted questions from Council. On motion by Mayor Dixon, seconded by Resolution 02-70 Council Member Steel, and carried 3-1, Mayor Pro Tem Monahan voting no, Resolution 02-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE BAIL SCHEDULE FOR PENALTIES FOR SPECIFIED VIOLATIONS OF TITLE 10 OF THE COSTA MESA MUNICIPAL CODE, was adopted. Motion to Continue A motion was made by Council Member Steel to request that Died Public Hearing No. 1 be continued for 30 days due to Council Member Robinson's absence, and no legal representation in attendance for the City. The motion died for lack of a second. RECESS The Mayor declared a recess at 8:00 p.m. and reconvened the meeting at 8:15 p.m. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Minor Conditional Use set for the public hearing to consider an application from Council Permit ZA-02-36 Member Chris Steel appealing the Planning Commission's approval of Minor Conditional Use Permit ZA-02-36 for Greta Anderson -Davis, for a second -story addition to an existing single - story, single-family home, with an exemption from current parking requirements (20 -foot garage width required; 18 -foot width existing), located at 3080 Madison Avenue in an R1 zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Communications were received in opposition to the project from Eric Bever (via email); and Maryalice Wilson, 3435 Plumeria Place, Costa Mesa. Communications were received in support of the project from Brent Ogden, Jr., President of the Baycrest Development Company, 3400 Irvine Avenue, Suite 205, Newport Beach; and Tammy Fulbright (via email). The Development Services Director, and the Assistant Planner summarized the Agenda Report, and responded to questions from Council. Greta Anderson -Davis, 3080 Madison Avenue, Costa Mesa, furnished copies of a petition signed by 21 of her neighbors in support of the project. The following individuals spoke in support of the project: Brent Ogden, 3400 Irvine Avenue, No. 205, Costa Mesa; Ken Maddox, 12865 Main Street, No. 100, Garden Grove; Paul Lakata, 996 Springfield Street, Costa Mesa; David Parker, 24493 Via Tequila, Lake Forest; Jason Lang, 336 Rochester Street, Costa Mesa; Mark Davies, 3076 Madison Avenue, Costa Mesa; Elaine Weber, 1189 Boise Way, Costa Mesa; Robert Skinner, 2026 East Santa Clara Avenue, Santa Ana; and Greta Jean Ridley, 1111 South Coast Drive, Costa Mesa. The following Costa Mesa residents spoke in opposition to the project: Christina Christianson, 3082 Madison Avenue; Don Elmore, 2209 Wallace Avenue; Stan Brown, 1023 Cheyenne Street; Lou Desandro, 1031 Cheyenne Street; Yvonne Brown, 1023 Cheyenne Street; Janice Davidson, 1982 Arnold Avenue; Donn Hall, 3080 Johnson Avenue; Martin Millard, 2973 Harbor Boulevard, No. 264; John Feeney, 1154 Dorset Lane; and Ernie Feeney, 1154 Dorset Lane. There being no further speakers, the Mayor closed the public hearing. Greta Anderson -Davis, 3080 Madison Avenue, Costa Mesa, reiterated the support of 18 of her neighbors to build the addition, and confirmed that it is in compliance and harmonious with the neighborhood. She showed Council photographs of other homes that have second -story additions within their housing tract. Council Member Cowan asserted her belief that Council has struggled since 1992 with the issue of second story additions, the current Council has made great strides in reducing the size and density of housing on lot sizes, and the new standards are designed to continue to do that. Council Member Cowan stated this project meets all of the new standards, and she fully supported the project. Mayor Dixon stated that she has met with individuals on both sides of this issue, and will support the project because the addition is legally allowed under the current regulations. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 02-71 Mayor Pro Tem Monahan, and carried 3-1, Council Member Steel Approving ZA-02-36 voting no, to uphold the Planning Commission's decision by adopting Resolution 02-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MINOR DESIGN REVIEW ZA-02-36. RECESS The Mayor declared a recess at 9:25 p.m., and reconvened the meeting at 9:35 p.m. Council Member Robinson arrived at 9:35 p.m. OLD BUSINESS The Deputy City Clerk presented from the meeting of September 3, Agreement with KFM 2002, agreement with KFM Engineering, 26672 Towne Center Engineering for 19th Drive, Suite 300, Foothill Ranch, in an amount not to exceed Street and Placentia $246,065.00, for 19th Street and Placentia Avenue design services. Avenue Design The Public Services Director summarized the Agenda Report and Services responded to questions from Council. Robert Graham, 3260 Dakota Avenue, Costa Mesa, addressing the design of 19th Street and Placentia Avenue, suggested this item be postponed until the future of the intersection of Bluff Road and 19th Street is determined. MOTION/Approved On motion by Council Member Cowan, seconded by Council Agreement with KFM Member Steel, and carried 5-0, the agreement with KFM Engineering Engineering was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. OLD BUSINESS The Deputy City Clerk presented from the meeting of December 3, Huscroft House 2001, Huscroft House status report. A communication was received from John Morehart, Managing Director of 126 Properties, LLC, 126 East 16th Street, Costa Mesa, proposing an alternative to the Council of transferring the Huscroft House to a property located at 548 Bernard Street, Costa Mesa. The Public Services Director summarized the Agenda Report, and he and the City Manager responded to questions from Council. John Morehart, 126 East 16th Street, Costa Mesa, described the property he owns at 548 Bernard Street where he is proposing to move the Huscroft House in lieu of destroying it. 41.3 Mayor Pro Tem Monahan advised he had previously met with Mr. Morehart and agrees there needs to be a review of the financing of the project and further discussion with the Planning Department. Robert Graham, 3260 Dakota Avenue, Costa Mesa, expressed his desire to keep the Huscroft House at Fairview Park, or suggested the possibility of finding a replacement to be placed there. Beth Refakes, 320 Magnolia Street, Costa Mesa, stated the Huscroft House has no historical significance to the City, and deemed it no longer a viable project since there appears to be no community support for its relocation and the high restoration costs. Ms. Refakes mentioned the possibility of funding upgrades for the Estancia Adobe which is a historical gift to the City from the Segerstroms. She informed the Council of an Open House that was held by the Costa Mesa Historical Society the previous weekend at the Estancia Adobe, expressing surprise none of the Council Members were in attendance. Mayor Dixon stated she was not aware of the Open House. Mary Ellen Goddard, 2901 Palau Place, Costa Mesa, advised that the Open House held at the Estancia Adobe was noted in the Historical Society Newsletter which is distributed to each Council Member. MOTION/Directed A motion was made by Mayor Dixon, seconded by Mayor Pro Tem Staff to Proceed with Monahan, and carried 5-0, directing staff to proceed with disposal Disposal of the of the Huscroft House as quickly as possible, and to solicit bids Huscroft House from interested parties who are qualified, and who have the resources to acquire, relocate, and put the house to productive use. NEW BUSINESS The Deputy City Clerk presented a resolution authorizing Local Law Enforce- application for and acceptance of 2002 Local Law Enforcement ment Block Grant Block Grant allocation, and authorizing the City Manager or his Allocation designee to electronically submit an application and accept the grant award, and staff recommendation for Committee Appointments. The Police Administrative Services Commander summarized the Agenda Report dated August 28, 2002. MOTION/Adopted On motion by Council Member Robinson, seconded by Council Resolution 02-72 Member Cowan, and carried 5-0, Resolution 02-72 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING APPLICATION FOR, AND ACCEPTANCE OF YEAR 2002 LOCAL LAW ENFORCEMENT BLOCK GRANT ALLOCATION; and appointments of David Brooks, Michael Hyams, Sonia Balleste, Craig Robison, Lindsy Pike, and Dave Gardner to the Local Law Enforcement Block Grant Ad Hoc Advisory Committee for a one- year term along with Council Member Steel serving as liaison to the Committee, was approved. NEW BUSINESS The Deputy City Clerk presented the Bristol Street Specific Plan Bristol Street Specific status report. The Development Services Director summarized the Plan Status Report Agenda Report dated September 9, 2002, and he and the City Manager responded to questions from Council. Motion Died For Lack A motion was made by Council Member Steel to direct the Of a Second Oversight Committee to continue its work towards development of the Bristol Street Specific Plan with a planning firm. The motion died for lack of a second. 414 MOTION/Directed A motion was made by Mayor Dixon, seconded by Mayor Pro Tem Staff To Work With Monahan, and carried 4-1, Council Member Cowan voting no, to The Bristol Street direct staff to come back with a proposed zone to include mixed Specific Plan Oversight use commercial and to look at the stretch of land from Baker Street Committee to Red Hill Avenue regarding streetscape and landscape on public and private property, using some type of funding to develop a concept plan to move forward with the corridor, and to work closely with the Bristol Street Specific Plan Oversight Committee on the proposal. Mayor Pro Tem Monahan supported the motion and asked that the new streetscape, landscape, median guide, which was recently approved, be used. NEW BUSINESS The Deputy City Clerk presented the Costa Mesa 50th Anniversary "CostaMazing" "CostaMazing" Celebration. The Recreation Manager summarized Celebration the Agenda Report, and responded to questions from Council. MOTION/Approved A motion was made by Council Member Cowan, seconded by Proposed City Council Member Robinson, and carried 5-0, to approve the Sponsored Events proposed City -sponsored events for the CostaMazing Celebration, authorize staff to plan the events, and approve the expenditure of $50,000.00 for the CostaMazing Celebration, per Community Objective 02-E1. NEW BUSINESS The Deputy City Clerk presented an ordinance regarding the Ordinance Regarding operation of remote-controlled vehicles. The Director of Public Operation of Remote- Services summarized the Agenda Report and responded to Controlled Vehicles questions from Council. Judy Gielow, 469 East 18th Street, Costa Mesa, supported the staff recommendation that the operation of remote-controlled cars not be allowed in Fairview Park. Beth Refakes, 320 Magnolia Street, Costa Mesa, supported the ordinance. Lance Jenks, 443 Flower Street, Costa Mesa, opposed the ordinance stating that kids usually use these cars. MOTION/Gave First A motion was made by Council Member Cowan, seconded by Reading to Ordinance Mayor Dixon, and carried 5-0, to give first reading to Ordinance 02- 02-18 18: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 12-20(a)(16) OF TITLE 12 OF THE COSTA MESA MUNICIPAL CODE REGARDING DISORDERLY CONDUCT IN PUBLIC PARKS. Second reading and adoption are scheduled for the meeting of October 7, 2002. Council Member Cowan observed that the remote-controlled car situation became out of control in Fairview Park, and major damage has been done by the City not being more proactive about the issue. NEW BUSINESS The Deputy City Clerk presented a request from Mayor Pro Tem Review of an Overlay Monahan to review an overlay zone on the east side of Costa Zone on the Eastside Mesa. Mayor Pro Tem Monahan summarized the Agenda Report dated September 12, 2002, and he and the Development Services Director responded to questions from Council. 1 1 1 Laurie Madigan, Senior Partner, MNA Consulting, 427 "C" Street, Suite 308, San Diego, introduced the Steering Committee of the Neighbors to Preserve Tract 1154. Chris Kearns, 198 East 20th Street, Costa Mesa, communicated that he is encouraging an overlay zone in order for the neighborhood to keep its character, and asked that the zone be extended to include from Irvine Avenue to Orange Avenue between 18th and 19th Streets. Steven Dewong, 439 Broadway, Costa Mesa, commented he did not agree with the overlay zone, he stated it would possibly cause a "big -box" sameness, and predictability, or "cookie -cutter architecture". Beth Refakes, 320 Magnolia Street, Costa Mesa, proposed that any overlay zone on the eastside be expanded to include Tustin Avenue, to Orange Avenue, and from East 18tH Street to East 19tH Street, including any tracks that are adjacent with identical characteristics. A resident at 429 Broadway, Costa Mesa, stated his disapproval of any overlay zone in the City. Greg Hoff, 440 Flower Street, Costa Mesa, agreed with the resident at 429 Broadway, and with Mr. Dewong, in that he disapproves of an overlay zone. Cori Ferrentino, 398 Flower Street, Costa Mesa, expressed the eastside of the City is very eclectic, and would like it to remain that way, and would also like the freedom to add on to her home. Paul Wilbur, 312 Magnolia Street, Costa Mesa, stated he is against an overlay zone and showed a districting map for the area of 19th Street, 17th Street, Newport Boulevard, and Irvine Avenue, commenting that the R1 zones in these areas are already restricted from building because they have alleys and cannot be expanded. Michael Hutchins, 408 Magnolia Street, Costa Mesa, stated that based on the differing opinions, this issue seems to merit further study. Mayor Pro Tem Monahan reiterated that this request is for staff to study the idea of overlay zones; he has argued against the "one size fits all", and is not trying to restrict additions. He further encouraged the community to work with staff as the study is conducted so their concerns can be considered along with any recommendations. MOTION/Direct Staff A motion was made by Mayor Pro Tem Monahan, seconded by To Study Overlay Zone Council Member Steel, and carried 5-0, to direct staff to further study an overlay zone for the eastside of Costa Mesa, and to bring a report to the Planning Commission, with recommendations, "if there is a need for it." NEW BUSINESS The Deputy City Clerk presented a request from Mayor Pro Tem Code .Enforcement Monahan to discuss Code Enforcement issues. Mayor Pro Tem Issues Monahan summarized the Agenda Report dated September 12, 2002, and he and the Building Official responded to questions from Council. Council Member Cowan complimented Mayor Pro Tem Monahan for bringing this issue forward, and stated she has had staff set up meetings for her with several property owners through October 15, 2002. She commented that the reason for the meetings are to involve property owners in the resolution of issues regarding "sub- standard housing" and bringing properties up to code as well as overflowing dumpsters, illegal dumping, and other related issues; explaining how important it is to make progress on these growing concerns. Council Member Steel expressed his appreciation for what Mayor Pro Tem Monahan is doing, but thought a lot of the problem is basically a "band aid", and it would be taken care of by eliminating the "magnets" that are the source of the problem. Paul Wilbur, 312 Magnolia Street, Costa Mesa, stated this is an issue of zoning enforcement and code enforcement, and supported the proposed position of a Zoning Officer for the City who will bring forward code violations to public hearings. Beth Refakes, 320 Magnolia Street, Costa Mesa, addressed that in the Agenda Report it states that sub -standard housing is already a high-priority for Code Enforcement, and sometimes the application of city ordinances are inconsistent and ineffective, and stated that sometimes the Conditions of Approval are vague. Allan Mansoor, 2973' Harbor Boulevard, No. 406, Costa Mesa, stated his concern that the City is taking on another program that may not be effective as ordinances are being passed, but not enforced as they should be. MOTION/Direct Staff A motion was made by Mayor Pro Tem Monahan, seconded by To Move Forward Council Member Robinson, and carried 5-0, to direct staff to make the sub -standard housing problem a top priority, in Code Enforcement, and to move forward with the Building Official's recommendations. Mayor Dixon supported the motion, but encouraged Code Enforcement and Police to enforce the current ordinances, citing examples of vending trucks/carts, trash, etc. COUNCIL Council Member Robinson stated her appreciation to the City COMMENTS Manager, Chief of Police, Fire Chief, and staff for the 9/11 Memorial that was held at the Fairgrounds on September 11, 2002, 9/11 Memorial she thought it was outstanding. She further stated she has followed up with the Police Department on the vending truck issue Vending Trucks and they have given their assurance that they are issuing citations where they once were not, and she will be following up to make sure it continues. Centerline Project Council Member Cowan presented an update on the Centerline Project as she has been representing the City for a couple of years on this project and, they are working with OCTA on several elements of the Centerline Project. One major element is a public outreach program to educate and seek input from the major developers and business owners adjacent to and within close proximity of the proposed Centerline alignment in Costa Mesa; OCTA has secured the services of Patrone Communications. Mr. Buffa, of Patrone Communications, will be setting up and moderating a series of meetings to present the major stakeholders in the northern section of the City, with alternatives and issues regarding the project; she believes there are about 6 to 8 different 1 17 hull 1 alternatives at this time, each coming with different issues. The meetings will be scheduled between September 25 and October 15, 2002, and she will be attending them on behalf of the City Council. Upon the conclusion of these meetings, staff will make a full presentation tentatively scheduled for the November 18, 2002, Council Meeting, of the issues and alternatives, as well as, the results of the stakeholders meetings. Council Member Cowan LAFCO Meeting discussed the LAFCO meeting and stated that LAFCO approved all of the City's annexation petitions except the West Santa Ana Heights area which has been continued for six months by the City of Newport Beach to do an additional study and review. She Appeal Cost addressed the appeals process and explained that the cost has been reduced by 50% for residents of Costa Mesa; she asked staff Fairview Park Master for follow-up on the Fairview Park Master Plan, and stated that the Plan Seismic Retrofit must be completed as soon as possible. Animal Control Mayor Dixon asked'about the availability of Animal Control on the weekends, and if they are not available, what should the citizens do if they need assistance from Animal Control. She stated she liked Mr. Scribner's idea of placing information on the website Megan's Law regarding Megan's Law, and would like staff to follow=up. She requested the Recreation Manager contact Mr. Pacheco regarding Soccer Fields soccer fields for adults. She commented on the gang fight on Maple Street stating she would like to be sure the Police are pro - Gang Incident active before someone is seriously hurt. Mayor Dixon announced that on Saturday, September 21, 2002, there will be a fundraiser at Detroit, at a cost of $15.00 per person, for Leilani Guiterrez, who was injured and paralyzed in a car accident on Wilson Street and Newport Avenue ADJOURNMENT TO At 11:50 p.m., Mayor Dixon adjourned the meeting to a closed CLOSED SESSION session in the first floor conference room B to conduct performance evaluations of the City Manager and City Attorney pursuant to Section 54957 of the California Government Code. MEETING The Mayor reconvened the meeting at 1:00 a.m., and the action RECONVENED taken during the closed session was announced. MOTION/Rescind A motion was made by Council Member Cowan, seconded by Assistant City Mayor Pro Tem Monahan, carried 5-0, to rescinded the motion to Attorney's Administra- place the Assistant City Attorney on administrative leave and tive Leave referred the matter to the City Manager. MOTION/City Council A motion was made by Council Member Cowan, seconded by Pursue Changing City Council Member Robinson, carried 4-1, Council Member Steel Attorney's Office voting no, to make the statement that the City Council will actively Functions pursue changing how the City Attorney's office functions. ADJOURNMENT The Mayor declared the meeting ad'urned at 1:05 a.m. ayor of the City of Costa Mesa ATTEST Dep ,City Clerk of the City of Costa Mesa