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HomeMy WebLinkAbout01/06/2003 - City Council[I 1 �., REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 6, 2003 The City Council of the City of Costa Mesa, California, met in regular session January 6, 2003, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag led by Council Member Mansoor, and invocation by the Reverend Barbara Stewart, St. John the Divine Episcopal Church. ROLL CALL Council Members Present: Mayor Karen Robinson Mayor Pro Tem Chris Steel Council Member Gary Monahan Council Member Libby Cowan Council Member Allan Mansoor Council Members Absent: Officials Present: None City Manager Allan Roeder Assistant City Attorney Tom Wood Development Services Director Donald Lamm Public Services Director William Morris Planning and Redevelopment Manager Mike Robinson Police Patrol Services Captain Tom Warnack Associate Planner Mel Lee Assistant Planner Wendy Shih Deputy City Clerk Julie Folcik MINUTES On motion by Council Member Cowan, seconded by Council December 16, 2002 Member Monahan, and carried 5-0, the minutes of the regular meeting of December 16, 2002, were approved as distributed. ORDINANCES AND A motion was made by Council Member Cowan, seconded by RESOLUTIONS Council Member Monahan, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Robinson congratulated Laura Suico, Recreation Leader in Employee of the the Recreation Division of the Administrative Services Department, Month on being named Employee of the Month for January, 2003, in recognition of the extra effort and individual care she provides to each child in the City's Playground Program, as well as her fresh perspective and unique analysis of reaction programs. PUBLIC COMMENTS Doug Sutton, 2739 Canary Drive, Costa Mesa, resubmitted a June Segerstrom Home 26, 2002, letter, addressed to the City Manager, regarding the Ranch Educational Segerstrom Home Ranch Development Agreement Educational Fund Fund, reiterating his request that one foundation be formed which includes one City representative, one Segerstrom family representative, and one community representative. He proposed that these members set the foundation mandate and select additional board members. Mr. Sutton proposed instructing the foundation to direct the interest earned from the funds to an after- school homework assistance program modeled after the one currently employed at Newport Harbor High School. Bus Stop Posters Karen Schwandt, 2192 Miner Street, Costa Mesa, asked about the disposition of posters, displayed at bus stops, when they are no longer needed. The Public Services Director replied that bus stops are maintained by a private company who sells the advertising, and indicated that he will ask the vendor. Victoria Street Property An unidentified speaker addressed the property at 1118 Victoria Street, stating that the owner had "bootlegged" 400 square feet of concrete without City permits. He chronicled Code Enforcement efforts but noted that there has been no substantial improvement. He asked that staff be directed to investigate. Mayor Pro Tem Steel asked the City Manager for a history of this property to ascertain Code Enforcement action. Davidson Comments Janice Davidson, 1982 Arnold Avenue, Costa Mesa, observed that she has never in recent years been granted an extension of her 3 - minute time limit during Public Comments, and asked for future consideration. She commented that she has consistently "polled" Council Members regarding their stance on west side issues, and has received negative responses. As a member of the Community Redevelopment Action Committee (CRAC), she registered her discontent with the manner in which the process is conducted. She chastised the Daily Pilot for comments made regarding Mayor Pro Tem Steel and Council Member Mansoor. Code Enforcement Don Elmore, 2298 Wallace Avenue, Costa Mesa, reported that he had informed Code Enforcement of several infractions, such as fences constructed too high, dilapidated, etc., and was informed that these are a low priority on their agenda. He commented on a situation on Wilson'Street, describing it as blight. Mayor Robinson asked the Public Services Director to follow up on the above -noted situations. Millard Comments Martin Millard, 2973 - Harbor Boulevard, No. 264, Costa Mesa, asked the City to dedicate memorial plaques to two girls who were slain within the City. - He reported abandoned shopping carts on Baker Street from Bristol Street to Harbor Boulevard, commenting that it "cheapens" the- area and leads to additional problems. Mr. Millard observed that the EI Camino Shopping Center is still deteriorating, despite Council approval to replace the Center with homes, and suggested that the City confer with the owner of the property. Senior Activities/ Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Fireworks Mesa, thanked Council for their continued support of senior citizens and their activities, and for the recently acquired Orange County Transportation Authority (OCTA) van. She suggested alternative methods for school fundraising other than the sale of fireworks. Ms. Hogan-Shereshevsky offered to visit long-term residents of the City to gain their comments on Costa Mesa's 50 - year anniversary. Sid Soffer Brian Evans, Post Office Box 15070, Newport Beach, reiterated information regarding documents relating to former Costa Mesa resident Sid Soffer, 540 Bernard Street, who had legal problems with the City involving a building permit. 3R Committee Phil Morello, Post Office 10487, Costa Mesa, member of the Redevelopment and Residential Rehabilitation (3R) Committee, speaking on his own behalf, commented that in February, 2003, the committee will evaluate applications for requests for charitable donations and proposed certain criteria: determine the impact of the charity on the surrounding neighborhood, obtain information regarding requests for service from the Police and Fire Departments, and ascertain the number of complaints received regarding the charity. New Years Wishes Karl Ahlf, 157 East 23rd Street, No. A, Costa Mesa, wished the City Council a happy and safe 2003. Abandoned Shopping Beth Refakes, 320 Magnolia Street, Costa Mesa, observed that Carts abandoned shopping carts are also a problem on the east side of the City, calling them a "blight on the neighborhood". She complained that a current method to deal with the carts is not in place. Ms. Refakes stated that shrubs are growing into the City trees in the parkway across the street from her home. She has been advised that the matter would need to be referred to the Planning Division, but to date nothing has been done. Costa Mesa Fire/Police Cindy Brenneman, 1856 Elba Circle, Costa Mesa, thanked the Costa Mesa Fire and Police Departments for their efforts. Referring to Mrs. Davidson's comments regarding the 3 -minute time limit during Public Comments, she reported that the City of Fountain Valley has a 5 -minute time limit. Council Member Cowan responded to the shopping cart comments by stating that the City is making progress and is currently in negotiations with the California Grocers Association. She expects the new program before the end of February or early March, 2003. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR No. 5, Bid Item No. 1071, Purchase of Seven Alternative Fuel Vehicles. MOTION/Approved On motion by Council Member Cowan, seconded by Mayor Except Item No. 5 Robinson, and carried 5-0, the remaining Consent Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Jim Holahan; Harriet Lin; Susan Monroe; Santiago Ochoa; Robin Rille; and Joshua Waite. ABC License Request for Alcoholic Beverage Control (ABC) License from MM Food & Spirit, LLC, 2263 Fairview Road, for a fiduciary transfer of an existing Type 21 ABC License (off -sale general). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1932, funding City operating expenses for 1932 $844,954.14. Approved Warrant Warrant Resolution 1933, funding Payroll 226 for 1933/Payroll 226 $2,142,022.99, and City operating expenses for $579,676.37. Approved Warrant Warrant Resolution 1934, funding City operating expenses for 1934 $597,379.90. ADMINISTRATIVE Bids received for Bid Item No. 1072, Purchase of a New Avid ACTIONS/Awarded Nonlinear Edit Turnkey System, are on file in the City Clerk's office. Bid Item 1072, Edit The contract was awarded to Key Code Media, 17922 Sky Park System, to Key Code Circle, Suite D, Irvine, for $35,176.44. 0 Approved Sole Source Sole Source purchase was approved from American LaFrance of Purchase of Fire Los Angeles, 1049-A South Vineyard Avenue, Ontario, of one Fire Pumper from American Department Pumper (vehicle), trading in one 1985 Pumper for LaFrance $19,500.00, for a total net purchase cost, including trade-in, of $369,396.69. Accepted Work for Upgrade Requirements on Underground Storage Tanks at Various Underground Storage Locations, Project No. 02-10, was completed to the satisfaction of Tanks, Project No. the Public Services Director on November 25, 2002, by Hy-Serco, 02-10, by Hy-Serco Inc., 16233 Minnesota Avenue, Paramount. The work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the. Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Approved Extension A request from Chris Messina, Police Department, Patrol Division, of Leave for Chris was approved for an extension of a leave of absence to February Messina 15, 2003. Approved Adjustment Budget Adjustment No. 03-069 was approved for $12,000.00, for 03-069 for OCRAA funding for the City's membership fee to the Orange County Funding Regional Airport Authority (OCRAA). Bid Item No. 1071, Item No. 5 on the Consent Calendar was presented: Bid Item No. Purchase of Seven 1071, Purchase of Seven Alternative Fuel Vehicles. Council Alternative Fuel Member Monahan indicated that he did not have a comment on Vehicles this item but wanted the opportunity for a vote separate from the remainder of the Consent Calendar. A motion was made by Council Member Cowan, seconded by Mayor Robinson, and carried 4-1, Council Member Monahan voting no, to award the contract as follows: a contract for five vehicles was awarded to Raceway Ford, 2900 Sycamore Canyon, Riverside, for $108,133.60; and a contract for two vehicles was awarded to Pacific Ford, 3600 Cherry Avenue, Long Beach, for $47,926.72. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Public Improvements/ set for the public hearing to consider an ordinance amending Title Subdivision Parcel 13 of the Costa Mesa Municipal Code to require public Maps improvements in connection with approval of subdivision parcel maps. The Affidavit of Publication is on file in the City Clerk's office. The Public Services Director reviewed the Agenda Report, reporting that the only significant change in the code will be as it pertains to public improvements such as grading and drainage, curb, gutter, and street widening, with the approval process remaining the same. He responded to questions from Council. Mayor Robinson agreed with the purpose for the changes but in reviewing the ordinance section which addresses final maps, felt that the language had not been changed to what was intended. With respect to parcel maps, she thought that Council will be "taking away" from the Planning Commission in Section 13-241, and asked why that level of review was no longer needed. The Public Services Director replied that the City Attorney's office had reviewed the new wording for Section 13-241 and determined that the Planning Commission's authority was not being reduced. The Assistant City Attorney clarified that the State Subdivision Map Act requires that the Planning Commission provide final approval for parcel maps. Mayor Robinson asked about Section 13-230, with respect to whether or not it is actually accomplishing what is intended. She thought that the Public Services Director's comment about amending this section to require that "any contractor who 1 FJ C 1 knowingly subdivides five or fewer will do x, y, and z, in terms of improvement" is very clear, concise language. She does not see that language in the ordinance. The Public Services Director suggested that staff provide further clarification. MOTION/Continued A motion was made by Council Member Cowan, seconded by to February 3, 2003 Council Member Mansoor, and carried 5-0, to continue this item to the meeting of February 3, 2003, in order to provide staff the opportunity to review Mayor Robinson's questions and to further review the language that may or may not be included. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place PA -02-26, Mellott/ set for the public hearing to consider Planning Application PA-02- Millian 26 for Earl Mellott, authorized agent for Dr. Ken Millian, for variances from parking requirements (46 spaces required; 39 spaces provided) and to allow compact spaces (10% maximum allowed through a minor conditional use permit; 10% proposed) in conjunction with a Master Plan for a 6,000 sq. ft. addition to the existing Newport Harbor Animal Hospital, located at 125 Mesa Drive in a PDC zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. A communication was received from Dr. Millian, Newport Harbor Animal Hospital, commenting on the balanced design of the proposed construction. Earl Mellott, 12752 Garden Grove Boulevard, Suite 100, Garden Grove, architect for the project, reported that the intent of the design is to locate the building at a distance from the residential area, and as many trees as possible were saved, others being replaced. In response to Council Member Mansoor's question regarding noise, he stated that the exterior walls will be insulated, and insulated glass will be used. Addressing noise, traffic, and parking considerations, Mayor Robinson asked if the applicant would be amenable to a condition which eliminated dog training classes. Mr. Mellott replied in the affirmative. Fred Sendra, Costa Mesa resident, thought that the Newport Harbor Animal Hospital provides excellent health care for pets, citing their interest in the care of greyhounds. He supported approval of the project in its entirety. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Mayor Robinson, seconded by Council Resolution 03-1, Member Monahan, and carried 5-0, to adopt Resolution 03-1, A Approving PA -02-26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -02-26, adding a Condition of Approval which stipulates that no dog obedience training shall be permitted at the facility since the open space is no longer available. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place ZA-02-64, Hernandez set for the public hearing to consider an application from Council Member Gary Monahan appealing the Planning Commission's denial of Minor Design Review ZA-02-64 for Alexander Hernandez, for a second -story addition to an existing single-family residence, located at 870 West 19th Street in an R1 zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. A communication was received from Elizabeth Freeman, 879 Arbor Street, Costa Mesa, opposing the project because the upper structure would overlook her backyard, reducing her privacy and view. Council Member Monahan addressed � denial of the project due to compatibility issues, believing that the applicant deserved an opportunity to explain the project. The Associate Planner informed Council Member Cowan that denial by the Zoning Administrator, which was upheld by the Planning Commission, was based upon compatibility and harmony with the surrounding properties. He provided a site plan, and reviewed the contributing factors which led to the denial. Recounting her visit to the project, Council Member Cowan stated that she did not find incompatibility or harmoniousness an issue, and questioned the denial. She observed that the applicant is willing to make architectural deviations. Mayor Robinson commented that she ,was concerned about why the project was appealed but appreciated meeting with the applicant to review the fagade which was transformed from a block wall. Alexander Hernandez, the applicant, reviewed proposed design changes. He reported that a petition of support had been signed by his neighbors, and the design does not include any rear or side balconies. He showed photographs of the project, and observed that great care had been taken to adhere to the Residential Design Guidelines, Zoning Code, and additional research had been conducted to ensure that the remodel did not violate any codes or laws that are currently enforceable in the City of Costa Mesa. He stated that the business conducted from his residence is low key, and does not disrupt the intention of the ordinance which returned the 19th Street Transition Zone to residential. In reference to the adjacent neighbor who objects to the project, Mr. Hernandez indicated that he is agreeable to installing high, fixed windows in the back area of the house. He explained that the additional, entrance to the house is for the purpose of separating the business from his home. Robin Leffler, 3025 'Samoa Place, Costa Mesa, opposed the project, stating that staff and the Planning Commission were astute in recommending denial of the construction. She thought that the scale of the addition is incompatible with the neighborhood, creating a poorly balanced design with a severe massing effect. She thought that the structure could easily be converted into apartments. A 19th Street resident, next door to the project, spoke in support, stating that it will improve the west side. David Bunnell, 2571' Orange Avenue, Apt. A, Costa Mesa, supported the project, stating that it will enhance the street and raise the value of existing, as well as future, homes. There being no other speakers; the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Monahan, seconded by Resolution 03-2, Council Member Cowan, and carried 3-2, Mayor Pro Tem Steel Approving ZA-02-64 and Council Member Mansoor voting no, to reverse the Planning Commission's decision by adopting Resolution 03-2: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,,APPROVING MINOR DESIGN REVIEW ZA- 02-64, including the new designs for the long wall (the 5 feet as offered), and deleting Condition of Approval No. 10. Council Member Mansoor opposed the motion, stating that the terms " harmonious and compatible" need to be replaced with specific wording which address some of the issues. He felt that this structure would not be built on the east side or in the Mesa Verde area. Council _Member Cowan supported the motion, commenting that the project meets the current development standards. She observed that this is an improvement to the property which benefits the west side. She did not understand the Zoning Administrator's denial, stating that there is not an issue of compatibility in her mind. Council Member Monahan supported the motion, agreeing that the project complies with all the codes. He felt that the applicant has altered the project attempting to "make everyone happy". Mayor Robinson supported the motion, stating that given the changes agreed to by the applicant, the project is now compatible with the surrounding area. She felt that the applicant will work with staff to ensure that this is an improvement to the west side. - She asked that.the motion included clarification of the improvements which have been agreed to by the applicant, including 40 percent open space, elevations and design that were shown to Council, the fixed high windows to the back and side portion of the house for privacy issues, and moving the rear portion of the house in by five feet. The Assistant City Attorney suggested using the findings proposed for denial and making the modifications which Council has indicated, and showing that the project is compatible and harmonious with other properties in the area. Council Member Monahan, the maker of the motion, and Council Member Cowan, concurred that those are the correct findings. Council Member Mansoor felt that this project is being allowed on the west side but would not be built on the east side. He noted the double standard. Mayor Robinson clarified that she felt that the project is compatible with the area on the 19th Street, not the entire west side. RECESS The Mayor declared a recess at 8:35 p.m., and reconvened the meeting at 8:45 p.m. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place ZA-02-63, Varela set for the public hearing to consider applications from Mayor Karen Robinson and Mayor Pro Tem Chris Steel appealing the Planning Commission's approval of Minor Design Review ZA-02-63 for Ray Varela, authorized agent for Bradley Kirk, for the construction of a 2 -story single-family residence with a minor modification for a 2 -foot encroachment into the side setback (10 feet required; 8 feet proposed) for second floor windows, in conjunction with a development review to convert an existing apartment into a granny unit, located at 250 Flower Street in an R1 zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. A communication was received from "Concerned Surrounding Neighbors to 250 Flower Street", stating their opposition to the minor design review. Mayor Robinson appealed this project in order to obtain clarification on the issues of floor area ratios, parking, and the scale of the structure being inconsistent with the prevailing character of the neighborhood_ Mayor Pro Tem Steel commented that "mansionization", building homes simulating a mansion, is a large concern throughout the City but particularly on the east side, citing concerns about privacy, property values, and property rights. The Assistant Planner reviewed the agenda report, showed photographs of the site, and responded to questions from Council. Bradley Kirk, 619 Marguerite Avenue, Corona del Mar, provided background and his' reasons for the purchase of the subject property. He addressed "mansionization", stating that he could understand the neighbor's aversion to larger homes, and stated that he did not want to live in a mansion. He felt that the proposed structure is aesthetically pleasing, is not boxy, and he believed that he has complied with all the rules, guidelines, ordinances, setbacks, height restrictions, and open space. He reiterated that the house complies with all the rules and is compatible with the neighborhood. He asked that Condition of Approval No. 7 be deleted: "The granny unit shall be served from the same utility meters .(electric, gas 'and water) as the main dwelling unit on the property". Regarding Condition of Approval No. 1, "All new and existing construction shall be architecturally compatible with regard to building materials, style, colors, etc. Plans submitted for plan check shall indicate how this will be accomplished.", Mr. Kirk did not see the necessity of the rental unit, which opens onto Westminster Avenue, being architecturally compatible with the main structure which opens onto Flower Street. Mayor Robinson advised Mr. Kirk to take into consideration the "mansionization" issues. Council Member Cowan commented that Condition of Approval: No. 1 is appropriate, since the original intent of a granny unit was for use by a family member. Council Member Mansoor felt that since the spirit of the law now includes renting a granny unit to any elderly couple, Condition of Approval No. 1 would not be appropriate. Council Member Cowan stated that the lot is zoned R1, and 'placing two separate meters on the property indicates a rental unit -on an R1 lot. Martin Millard, 2973; Harbor Boulevard, No. 264, Costa Mesa, supported approval of the application, believing that the proposed house is beautiful. He observed that Costa Mesa needs homes such as this to maintain an upwardly mobile, professional population. Synthia Neyland, 250, Broadway, Costa Mesa, provided a handout to Council, and asked how an R1 lot could accommodate three separate units. She objected to the proposed driveway onto Flower Street, and the 94 -foot expanse of building along Westminster Avenue.. Ms. Neyland addressed compatibility of the project with the neighborhood, stating that the quaintness and charm of east side neighborhoods needs to be preserved. The resident at 246 Flower Street, complained that there is not an elevation available from the Westminster Avenue view. He observed that there are no driveways off the corner of Flower Street and Westminster Avenue, and the proposed development adds a curb cut, a driveway, removes an existing street tree, and ignores the natural alley access. Robin Leffler, 3025 Samoa Place, Costa Mesa, thought that the 150 feet of continuous street frontage is overpowering in scale to the surrounding neighborhood. She suggested separating the two buildings, placing the; garage off the alley or shortening the main house on the Westminster Avenue side. She objected to removal of a mature tree due:to the location of the driveway. Mrs. Leffler reported that the R1 code revisions provide for consideration to be given to neighborhood character and harmony. Alan Adams, no address given, thought that developments of this type should be encouraged in Costa Mesa because they add to property values, and noted that single -story homes and two-story homes are compatible in the same neighborhood. He suggested that a large-scale public hearing should be held to receive the entire community's opinion. Bradley Kirk responded to the driveway issue by stating that the attached garage was more suited to the family perspective. Regarding compatibility with the neighborhood, he observed that there are several two-story homes in the neighborhood. There being no other speakers, the Mayor closed the public hearing. The Assistant Planner clarified for Mayor Robinson that three structures on a property are permitted in an R1 zone as long as all requirements, such as open space and setback, are met. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 03-3, Council Member Monahan, to uphold the Planning Commission's Approving ZA-02-63 decision by adopting Resolution 03-3, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MINOR DESIGN REVIEW ZA-02-63, deleting Condition of Approval No. 1. Mayor Robinson thought that architectural compatibility should be required (Condition of Approval No. 1), since it is one unit in an R1 area. She was concerned with the applicant's unwillingness to deal with the 80 percent mass of the second unit, and had concerns regarding the 150 feet of unbroken mass on Westminster Avenue. Mayor Robinson asked that a variation in elevation be considered, and because of the above issues, opposed the motion. Substitute Motion A substitute motion was made by Council Member Mansoor to to Approve Died uphold the Planning Commission's decision, deleting Conditions of Approval No. 1 and No. 7. The substitute motion died for lack of a second. The original motion carried 3-2, Mayor Robinson and Mayor Pro Tem Steel voting no. OLD BUSINESS The Deputy City Clerk presented from the meeting of December 2, Huscroft House 2002, disposition of the Huscroft House: Authorize staff to accept nonbinding Letter of Intent from 126 Properties, LLC, including the waiver of fees. Direct staff to negotiate and enter into a Purchase Agreement, incorporating the terms outlined in the Letter of Intent. Budget Adjustment No. 03-067 for $30,000.00, for payment to 126 Properties, LLC, upon fulfillment of the Letter of Intent and Purchase Agreement. Authorize staff to utilize the funds from Budget Adjustment No. 03-067 to mitigate all hazardous materials, dismantle, or demolish, and dispose of the structure in the event that, for whatever reason, the transaction with 126 Properties, LLC, is not concluded. Request for a closed session, pursuant to Government Code Section 54956.8 for the purpose of conducting a conference with the City's real property negotiators William Morris, Public Services Director,' and Don Lamm, Development Services Director with 126 Properties, LLC, regarding the price and terms of sale of the Huscroft House located at TeWinkle Park. The Public Services Director reviewed the agenda report. Beth Refakes, 320 Magnolia Street, Costa Mesa, was concerned that the Huscroft House structure, being dilapidated, could force a blighted situation into the neighborhood where it is to be relocated. In order to move the building, she thought it should be brought to a minimum level of adherence to codes. She objected to paying to get rid of the structure then waiving fees, and though it was time to put the issue to rest. Council Member Monahan noted that in Attachment 1 to the Letter of Intent, Item 9 indicates that all applications, plans, and documents necessary for processing development approval of 548 Bernard Street, to include the Huscroft House relocation, is to be submitted to the City Planning Division within one month of the date of the Letter of Intent. Don Elmore, 2209 Wallace Avenue, Costa Mesa, asked how long restoration would take, and asked if the buyer would be required to do abatements, such as lead paint. He thought that it could be less expensive for the', to demolish the building. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, proposed that should the City enter into an agreement, that language be included to ensure that the buyer listed is actually the person who purchases the building. He suggested leaving the house where it is currently located and utilizing the premises as office space for the City. Council Member Mansoor expressed concern regarding expending additional funds on'the house, but mentioned that the cost would be approximately the same for demolition and for relocation. Mayor Robinson wanted a guarantee that improvements will be completed within a certain timeframe, which should include enforcement measure. The Assistant City Attorney proposed adding a condition in the final agreement that the property be improved sooner than 18 months. Council Member Monahan was comfortable with a 12 -month period. Mayor Pro Tem Steel suggested that funds remaining be designated to the Cultural Arts Committee and the Historical Preservation Committee, with the bulk being directed to Code Enforcement to regulate businesses and their hiring policies, as well as "magnets" in the City- MOTION/Gave A motion was made ; by Mayor Robinson, seconded by Council Directions to Staff Member Monahan, and carried 5-0, to authorize staff to accept the nonbinding Letter of Intent from 126 Properties, LLC, including the waiver of fees, amending Attachment 1 to the Letter of Intent, adding at the end of Paragraph 9, "...and begin construction within six months of relocation of the house to the property, and completion thereafter within 12 months of issuance of the building permit."; to direct staff to negotiate and enter into a Purchase Agreement, incorporating the terms outlined in the Letter of Intent, and authorizing the City Manager to sign the agreement on behalf of the City; to approve Budget Adjustment No. 03-067 for $30,000.00; and to authorize staff to utilize the funds from Budget Adjustment No. 03-067 to mitigate all hazardous materials, dismantle, or demolish, and dispose of the structure in the event 0'7 that, for whatever reason, the transaction with 126 Properties, LLC, is not concluded, and authorize the City Manager to enter into any agreements necessary to dispose of the structure. OLD BUSINESS The Deputy City Clerk presented a request for Rehearing from Request for Re- Paul Wilbur, 312 Magnolia Street, Costa Mesa, for the Title 9 hearing Orange Coast permit for the Orange Coast College Swap Meet, 2701 Fairview College Swap Meet, Road. The Development Services Director summarized the Title 9 agenda report. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, objected to a swap meet at that location commenting that there are no benefits to the citizens of Costa Mesa. He felt that the swap meet serves the citizens of Santa Ana, and Costa Mesa pays for the road upkeep, Police, etc, adding that the swap meet diverts attention from fixed local merchants on the two best days of the week. Don Elmore, 2209 Wallace Avenue, Costa Mesa, observed that parking at the swap meet has always been a problem, and 80 percent of the merchandise comes from stores, with the sellers being from Los Angeles, Pomona, and elsewhere. Michael Dilsisian, 2761 Lorenzo Avenue, Costa Mesa, agreed that the swap meet caters to persons from Santa Ana, Anaheim, and surrounding cities. He felt that it is not a swap meet but a "third world bazaar". He noted the traffic impact on the Mesa del Mar housing tract. The Assistant City Attorney clarified that the matter under consideration is whether to grant the rehearing regarding Title 9, not the merits of the swap meet. Beth Refakes, 320 Magnolia Street, Costa Mesa, asked if the City is getting the past revenues generated by the swap meet. She thought that the State Board of Equilization should be informed of possible "under reporting". Robin Leffler, 3025 Samoa Place, Costa Mesa, addressed benefits versus the impact of the swap meet, believing that the revenue generated was not sufficient to offset the impact. The resident at 3400 Meadow Brook, Costa Mesa, a swap meet vendor, opposed a rehearing, stating that no new information had been presented. He commented that the college has made improvements to the parking and traffic conditions, and asked that the swap meet be allowed to proceed. Mayor Pro Tem Steel agreed with many of the comments which had been made by citizens this evening, and thought that the situation should be reviewed in six months by City Council. Council Member Mansoor supported a rehearing because Mr. Wilbur had paid a fee and should be allowed the opportunity to present his point. He suggested that the OCC swap meet require a local tax identification number so that Costa Mesa receives the revenue. Mayor Robinson did not believe that new evidence had been presented. MOTION/Rehearing A motion was made by Mayor Robinson, seconded by Council Denied Member Monahan, and carried 4-1, Council Member Mansoor voting no, to deny the rehearing. OLD BUSINESS CRAC Recommenda- tions The Deputy City Clerk presented the Community Redevelopment Action Committee (CRAC) recommendations: Authorize distribution of revised Request for Proposal for the Westside Bluffs General Plan Amendment and Rezone Project. Provide direction regarding West 19th Street Bridge Study. The Planning and Redevelopment Manager reviewed the agenda report, and responded to questions from Council. Mayor Robinson advised that the above subjects would be discussed separately. Regarding the RFP for the Westside Bluff area, Council Member Cowan observed that this area already has an underlying low- density residential designation which could be activated at any time, and asked why this has not triggered any interest to date. She asked that an analysis of this subject be incorporated in the RFP. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, member of CRAC, supported distributing the RFP. Lance Jencks, 443 Flower Street, Costa Mesa, commented that one of his largest clients is located on Monrovia Street. Don Elmore, 2209 Wallace Avenue, Costa Mesa, member of CRAC, believed that the bluff area should be rezoned. MOTION/Authorized A motion was made by Council Member Monahan, seconded by Distribution of RFP Mayor Pro Tem Steel, and carried 5-0, to authorize distribution of the RFP, including the above-mentioned analysis regarding the underlying low-density residential designation which has not triggered any interest to date. Council Member Cowan supported the process but does not necessarily support rezoning. She was not convinced that the industrial area is bad or is pulling down property values, and supports related information. Regarding the 19th Street Bridge Study, Mayor Robinson asked the status of the Santa Ana River Crossing (SARX) Study. The Public Services Director replied that they are attempting to bring the cities of Fountain Valley, Huntington Beach, and Newport Beach, together for a consensus because the Orange County Transportation Authority (OCTA) has major concerns about going forward with the public hearing on the SARX Study if the cities are not in agreement. The City Manager added that the actual design and construction of a 19th Street bridge would require a cooperative agreement between the cities of Costa Mesa and Huntington Beach, the County of Orange, and agencies such as the Fish and Game Department have jurisdiction over the area. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, reported that west side residents have constantly said that th9 want a market/drug shopping center on that side of town, and 19 Street would need to have the traffic to support such a center. He thought that a practical study should be conducted as to whether a bridge going thru would actually produce traffic to support a center or whether, in fact, 19th Street would turn into a freeway. Mr. Millard proposed soliciting information from shopping center and market/drug center developers asking what would be required, traffic wise, for a center to be constructed at that location. 1 f1 L Don Elmore, 2209 Wallace Avenue, Costa Mesa, thought that the 19th Street bridge should remain on the County's Master Plan of Arterial Highways, preserving that option. Paul Abels, 1160 Gleneagles Terrace, Costa Mesa, did not believe that there is a need for another study on the 19th Street bridge, nor is there a need for the bridge. He indicated that in the last ten years, there has been an overwhelming number of citizens who oppose the bridge. He felt that the $150,000.00 for the study would be better spent on Costa Mesa needs. Chris Manka, 2051 Meadow View Lane, Costa Mesa, thought that a bridge within a half -mile of his residence, which is south of Victoria Street, would have a large impact, as well .as negatively affecting the Talbert Nature Preserve. Matt Lawrence, 1014 West 19th Street, Costa Mesa, opposed the 19th Street bridge, and thought that a study would be a waste of money. He supported redevelopment on the west side, and opined that the bridge would be a distraction. Mr. Lawrence believed that a bridge would add a huge amount of traffic, would disrupt the Talbert Nature Preserve, and the City has sufficient information from the previous SARX Study. He encouraged removing the bridge from the Master Plan. Also speaking in opposition to a study on the 19th Street bridge were Costa Mesa residents Lisa Lawrence, 1014 West 19th Street, who opposed the bridge and suggested improving the quality of life by adding greenbelts and trees, protecting natural resources, undergrounding utilities, and placing facades on old buildings; Marilyn Douglass, 1149 Sea Bluff Drive, proposed spending the money for the study on street repairs or law enforcement; Sonia Abels, 1160 Gleneagles Terrace; Beth Refakes, 320 Magnolia Street, suggested waiting for the SARX Study, and indicated that a bridge would divide the City; Terry Douglass, 1149 Sea Bluff Drive; Dean Reinemann, 1877 Park View Circle, opposed using City funds for a bridge study stating that the City, as well as local businesses and the Chamber of Commerce, has historically opposed the bridge; and Robin Leffler, 3025 Samoa Place, thought that it was redundant to consider a bridge in light of several factors, one of which is that it has not been budgeted. Robert Graham, 3260 Dakota Avenue, Costa Mesa, thought that the issue is what is best for the west side, and encouraged Council to approve the study. Phil Morello, Post Office Box 10487, Costa Mesa, encouraged support of the study, and stated that it is impossible to know the impact of the bridge at this point. He referred to a previous .survey of west side residents which had shown 465 (86 percent) in support of the bridge, and 65 (14 percent) against. He read an opinion from former Mayor Peter Buffa supporting a study. Paul Bunney, Post Office Box 11024, Costa Mesa, observed that Victoria Street or Adams Avenue will have to be widened to handle increased traffic if there are no alternate ways to travel from one side of town to the other. He supported a study but did not want to spend $150,000.00. MOTION/Reconfirmed A motion was made by Council Member Cowan, seconded by Deletion of Bridge Council Member Monahan, and carried 4-1, Council Member Mansoor voting no, to reconfirm the City's commitment to the removal of the 19th Street and Gisler Avenue bridges from the County's Master Plan of Arterial Highways through the SARX Study process. Council Member Mansoor indicated that he was not convinced that a 19th Street bridge will revitalize the west side but had indicated during his campaign that he would support a study. Mayor Pro Tem Steel stated that he is opposed to a bridge at 19th Street but supported a hearing on the subject. He did not, however, approve of the study, mentioning the effect of a bridge on East 19th Street. He recommended that CRAC focus on eliminating the "magnets" from the west side. Mayor Robinson supported the motion, reporting that she had attended the Fountain Valley City Council hearing on this subject, and had read them Costa Mesa's strenuously worded resolution saying that we would oppose them studying a bridge at Gisler Avenue. She was appalled, as was the City, that they would do this without consulting with the City when there is an agreement to wait for the SARX Study. She felt the same situation is relevant to 19th Street. NEW BUSINESS The Deputy City Clerk presented a request for the addition of one ABLE Sergeant Police Helicopter Sergeant Position for assignment to the Airborne Position Law Enforcement Services Program. The Police Patrol Services Captain introduced Lieutenant Bob Oakley, Newport Beach Police Department, Commander of the Airborne Law Enforcement Services, who is in attendance to clarify questions from Council. The Police Captain reviewed the agenda report, and responded to questions from Council. Don Elmore, 2209 Wallace Avenue, Costa Mesa, highly recommended approval of this item. MOTION/Approved A motion was made by Council Member Monahan, seconded by Request Council Member Cowan, and carried 5-0, the request was approved. NEW BUSINESS The Deputy City Clerk presented the review of residential remodel Residential Remodel - design review and minor design review process. The Review Process Development Services Director reviewed the Agenda Report. Council Member Monahan believed that the City needs to return to a more objective standard where projects that do not "fit in the box" go through the minor design review process. He asked that the chart that provides a more graphic summary of the disposition of minor design review applications be forwarded to the Planning Commission for review, and that the minor design review process will no longer be used for every second -story construction but only those that fall outside of the residential design guidelines. Council Member Cowan agreed with Council Member Monahan, stating that when the process was developed, Council had committed to its review, and she approved of forwarding it to the Planning Commission. Paul Bunney, Post Office Box 11024, Costa Mesa, appreciated Council for going through this process. Robin Leffler, 3025 Samoa Place, Costa Mesa, urged the Council to hold public hearings on this issue, stating that this affects every homeowner in Costa Mesa. She proposed that a limit be placed on the size of the remodel which would trigger this review. 41, Beth Refakes, 320 Magnolia Street, Costa Mesa, suggested taking input from residents in the community, and thought that there should be different standards for different neighborhoods. Lance Jencks, 443 Flower Street, Costa Mesa, appreciated that the City has taken this action, and asked that "moving the wall back versus how tall it is" be investigated. MOTION/Gave A motion was made by Council Member Cowan, seconded by Directions to Staff Council Member Monahan, and carried 5-0, to direct staff "to take comments from this evening and to take an ordinance review back through" the Planning Commission, ensuring that alternatives are discussed, directing the Planning Commission to hold two public hearings and a study session on this issue. Council Member Cowan explained that the last time this was considered, many public hearings were held and extra effort was expended on advertising, such as public notices in the newspaper. Council Member Monahan indicated that his goal is to get the design review process to deal only with projects that do not conform, and to get away from the compatibility discussion, even if it means "tweaking down" the design guidelines. Council Member Cowan suggested that the matrix, handed out this evening, be utilized as a foundation, and Council Members and members of the public who picked one up, jot notes on it to staff and turn them in to the Development Services Director. NEW BUSINESS Mayor Robinson announced -that the following will be discussed at Request for Closed the conclusion of regular business: Session Pursuant _to. Section -5357 of_the California Government Code, a closed -ses4i^^ '1as: been -scheduled regarding a public employee -release- Pursuant to Section 54956.9(b)(3)(B) of the California Government Code, a closed session has been scheduled to confer with legal counsel regarding anticipated litigation of matters that involve significant exposure to litigation - one (1) case. COUNCIL Council Member Cowan announced that she had asked the City COMMENTS/Costa Manager to agendize Costa Mesa Beautiful, Costa Mesa Safe, a Mesa Project project which she would like to allocate staff time. Daily Pilot Comments Mayor Pro Tem Steel thanked Janice Davidson for her support during Public Comments when she defended he and Council Member Mansoor against comments in the Daily Pilot newspaper. He suggested that his supporters communicate their concerns regarding the west side to other Council Members, as well as himself. 19th Street/Gisler Mayor Robinson commented that she and the City Manager have Avenue Bridges been contacted by the City of Huntington Beach regarding a meeting on the 19th Street bridge issue. She announced her intent to continue to monitor the situation regarding the City of Fountain Valley/Gisler Street bridge issue. ADJOURNED TO At 11:40 p.m., Mayor Robinson adjourned the meeting to a closed CLOSED SESSION session in first floor Conference Room 1A. MEETING The Mayor reconvened the meeting at 12:15 a.m., and announced RECONVENED that no action was taken in regards to a public employee release. ADJOURNED TO CLOSED SESSION The facts and circumstances were announced that the closed session regarding the request to confer with legal counsel regarding anticipated litigation of matters that involve significant exposure to litigation — one (1) case, related to a letter dated October 15, 2002, from Tom Wood, Assistant City Attorney, regarding the Council convening a possible illegal meeting, in violation of the Brown Act, on September 9, 2002, a closed session that was held to conduct a public employee evaluation. This closed session was held to discuss the allegations in the foregoing letter. At 12:17 a.m., Mayor Robinson adjourned the meeting to a closed session in first floor Conference Room 1A. MEETING The Mayor reconvened the meeting at 12:20 a.m., and it was RECONVENED announced that no action was taken during the conference with legal counsel regarding anticipated litigation of matters that involve significant exposure to litigation. ADJOURNMENT Mayor Robinson declared the meeting adjourned at 12:25 a.m. yor oft e City of Costa Mesa ATTEST: D e p u :its Cle►k f the City of Costa Mesa 1 r: