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HomeMy WebLinkAbout02/03/2003 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY 3, 2003 The City Council of � the City of Costa Mesa, California, met in regular session February 3, 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 Mayor Robinson, and invocation by the Reverend Tim McCalmont, Presbyterian Church of the Covenant. ROLL CALL Council Members Present: Mayor Karen Robinson Mayor Pro Tem Chris Steel Council Member Libby Cowan Council Member Gary Monahan Council Member Allan Mansoor Council Members Absent: Officials Present: None City Manager Allan Roeder Acting City Attorney Tom Wood Development Services Director Donald Lamm Public Services Director William Morris Administrative Services Director Steve Hayman Fire Chief Jim Ellis Police Chief Dave Snowden Finance Director Marc Puckett Transportation Services Manager Peter Naghavi Deputy City Clerk Julie Folcik ORDINANCES AND A motion was made by Council Member Cowan, seconded by RESOLUTIONS Mayor Pro Tem Steel, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Robinson congratulated Officer Michael Manson, Police Employee of the Month Department Traffic Division, on being named employee of the month for February, 2003, recognizing the commitment and professional demeanor he showed recently while obtaining a hit and run report at a resident's home. PRESENTATIONS The Administrative Services Director introduced the employee Employee Service recognition program for City employees with 25, 30, and 35 years Recognition of service to the City: He then congratulated Tommy Thompson, who was in attendance, for his 25 years of service to the Administrative Services Department, currently working in the Telecommunications- Divisiori as a Communications Installer. The Development Services Director_ congratulated Sandi Benson, Chief of Code Enforcement,,,b -25 years of service. The Finance Director congratulated.;, Dusty_ _Bent, Revenue and Investment Specialist, -.on _'30-7"' yea f servi_.ce, and Tom Neth, Business License Inspector, on p- years of service. The Fire Chief congratulated SCott- ;Coykeridell; Engineer, and Tom Macduff, Fire Marshall, both on X2,.5 years of service. The Public Services Director congratulated Joe Bogart, Arborist, on 35 years of service, Jim Smith, Lead Maintenance Worker, on 30 years of 1 1 service, Dave Alkema, Parks Project Manager, Gary Bray, Senior Maintenance Worker, who was in attendance, Jim Loving, Senior Maintenance Worker, who was also in attendance, Steve Ridgeway, Equipment Mechanic, and Tim Sweet, Senior Maintenance Worker, on 25 years of service. The Police Chief congratulated Mike Fantozzi, Custody Officer, Phil Hartman, Senior Police Officer/Fraud Detective, who was in attendance, and Sergeant Gary McErlain, on 25 years of service. PUBLIC COMMENTS Gordon Pate, 2973 Ceylon Drive, Costa Mesa, discussed the Parking Problem problem he is having in his neighborhood with "scofflaws", he gave an example of a truck with a vehicle trailer parked on the north side of Baker Street, and is moved about a car length every day so it is never cited by Police. Mr. Pate spoke to his neighbors and was told the owner of the truck lives at 3007 Samoa Place, and has many other cars already parked on Samoa Place, and there is nothing that could be done about it. Mayor Robinson asked that this situation be looked into so some type of action can be taken. Newspaper Articles Janice Davidson, 1982 Arnold Avenue, Costa Mesa, stated several articles have appeared in the newspaper regarding the Human Relations Committee, her website, which has been closed down for six months, and Mayor Pro Tem Steel, which have been very negative, and she did not appreciate them. Bus Shelter Side Glass Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, reported the broken side glass on the bus shelter at Baker Street and Grant Avenue and asked if it could be fixed. He also Orange County Human discussed an editorial that appeared in the Orange County Relations Commission Register that stated the Orange County Human Relations Commission should be unfunded. Mr. Millard showed 1925 Pomona Avenue photographs of the property at 1925 Pomona Avenue and stated it was not a condominium conversion, but that it was new construction, and that Habitat for Humanity should have to reapply for the appropriate permits. Graffiti Camera Hildegard Gonzalez, 1932 Pomona Avenue, No. A, Costa Mesa, expressed her appreciation of a graffiti camera being placed in the alley to the rear of the Department of Motor Vehicles at 650 West Soup Kitchen 19th Street. She also showed photographs of drunken homeless men sleeping around Bethel Towers, commenting that she almost tripped over them and that this situation was due to the Soup Kitchen. She had contacted the Police Department, but felt they have much more important matters to take care of. Reopening of City Hall Beth Refakes, 320 Magnolia Street, Costa Mesa, commented on Front Entrance how nice it was to see the reopening of the front entrance to City Hall. She expressed concern about the timeliness of agenda Council Agenda reports and advised that occasionally the attachments are Reports illegible.' She also discussed articles from the newspaper regarding the completion of the Community Garden at Community Garden Charle/Hamilton Streets and concerning road repair reductions Costa Mesa will receive due to State budget reductions; wondering if there is really a need for an $80,000.00 Community Garden, as well as, a $12,000.00 Banner Program. Mayor's Conference Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Mesa, thanked Mayor Robinson for representing Costa Mesa at the Mayor's conference in Washington D.C. She stated the City Fireworks should not sell fireworks, as there is no such thing as "safe and sane" fireworks. Ms'. Hogan-Shreshevsky expressed her support Redevelopment for the redevelopment on the Westside, and also asked about proposed parking structures behind the Pacific Savings building. "The History of Costa Paul Wilbur, 312,Magnolia Street, Costa Mesa, inquired about Mesa" copies of "The History of Costa Mesa" by Robert Wilson, and stated each Council Member should have two copies for reference, as well as copies should be available to the public. He Tract Identities shared some neighborhood identities that are no longer used, such as the Newport Heights Tract, the Newport -Mesa Tract, the Fairview Farms Tract, the Freedom Tract, and the Bluffs Tract. Mr. Wilbur also spoke about eligibility of a property owner to operate a swap meet according to the Business and Professions Code. Westside Redevelop- Robert Graham, 3260 Dakota Avenue, Costa Mesa, commented ment on an editorial in the Daily Pilot Newspaper regarding the Westside redevelopment and the addition of 444 acres to the redevelopment zone�and about Triangle Square's lack of success. Mr. Graham also stated it should be explained why the City is not considering 19th Street going through to the beach, he showed a diagram explaining' it would mitigate traffic problems, and eliminate noise, which would help build a healthy Westside. He discussed the research he has done regarding the 19th Street 19th Street Bridge bridge finding a study which was completed in 1976 which stated a bridge has the potential to improve the visibility of the existing commercial uses along West 19th Street, as well as the positive aspects to retail, and increase in development potential. Red Light Cameras Karl Ahlf, 157 East; 23rd Street, No. A, Costa Mesa, stated he would like to see more red light cameras installed throughout the City and requested that a camera be installed by Triangle Square as he was almost hifby a vehicle, while riding his bicycle. Westside Redevelop- Paula Litten, 1161 Gleneagles Terrace, Costa Mesa, expressed ment her gratitude for the; hard work and effort made on behalf of the Westside redevelopment, but disagreed as to the need for a 19th Street bridge. Feeding the Homeless Nigel Reynolds, no address given, spoke about the feeding of the at Lion's Park homeless in Lion's Park by a few churches, and informed that it has come to an abrupt halt due to complaints to the Police; he offered a suggestion of a meeting to discuss the problems that have caused the complaints and to come to a resolve. Mayor Robinson stated staff would get in touch with Mr. Reynolds regarding this matter. Council Member Ma nsoor stated he did not believe there was a problem with individuals helping each other, but the concerns are trash, feces, needles, disturbances, and drunken people in the park. The City Manager'reported that the City has been working with the charitable groups who have been giving out clothing and food on the weekends. He indicated that they have been asked to obtain the necessary permits for exclusive use of the park, but that the groups have not done so. CONSENT The following items 'were removed from the Consent Calendar: CALENDAR Item No. 9, Completion of Rehabilitation of Baker Street and Fairview Road; and;Item No. 11, Contract Award for Building Upgrades and Modifications at City Hall and Fire Station No. 4. 1 MOTION/Approved On motion by Council Member Monahan, seconded by Council Except Item Nos. 9 and Member Cowan, and carried 5-0, the remaining Consent Calendar 11 items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Josephine Dogali; Miguel Martinez; and Joe Sciarra. Alcoholic Beverage Alcoholic Beverage Control (ABC) License request: License Plaza Chevron, 3048 Bristol Street, a fiduciary transfer for an existing Type 20 (off -sale beer and wine). BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose from Approved Permit for All American Boys Chorus, 88 Fair Drive, Costa Mesa, to solicit All American Boys door-to-door in the areas of Mesa Verde, Mesa del Mar, and Chorus South Coast Metro, from February 8, 2003, through March 22, 2003, for the purpose of providing funds for the operating budget for 2003. The permit was approved pursuant to Costa Mesa Municipal Code 9-127(d). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1937, funding Payroll 302 for 1937/Payroll 302 $1,962,433.53, and City operating expenses for $950,572.43. Approved Warrant Warrant Resolution 1938, funding City operating expenses for 1938 $654,079.79. ADMINISTRATIVE Fiber Optic Cable Installation at 555 Anton Boulevard was ACTIONS/Accepted completed to the satisfaction of the Public Services Director by Work for 555 Anton Adesta Communications, 948 Lemon Street, Orange, in by Adesta PS00-00250 connection with Encroachment Permit No. PS00-00250. The work was accepted, and the bonds were ordered exonerated. Accepted Work for. Setting of Durable Monuments at Exterior and Interior Parcel 3030 Harbor by Target Corners at 3030 Harbor Boulevard were completed to the Parcel Map 99-228 satisfaction of the Public Services Director by Target Corporation, 1000 Nicoller Mall, Minneapolis, Minnesota, in connection with Parcel Map 99-228. The work was accepted, and the bonds were ordered exonerated. Accepted Work for Fiber Optic Cable Installation at 500 Anton Boulevard was 500 Anton by Arizona completed to the satisfaction of the Public Services Director by PS00-00001 Arizona Pipeline Company, 1955 Sampson Avenue, Corona, in connection with Encroachment Permit No. PS00-00001. The work was accepted, and the bonds were ordered exonerated. Accepted Work for Street Improvements at 3333 Bear Street was completed to the 3333 Bear Street by satisfaction of the Public Services Director by Sully -Miller Sully -Miller PS00- Contracting Company, 1100 East Orangethorpe Avenue, Suite 00318 200, Anaheim, in connection with Encroachment Permit No. PS00-00318. The work was accepted, and the bonds were ordered exonerated. Awarded Contract for Bids received for Parkway Concrete Repair and New Sidewalk, Parkway Concrete Project No. 02-17 are on file in the City Clerk's Office. The Repair and New Side- contract was awarded to S. Parker Engineering, Inc. 10059 walk to S. Parker Whippoorwill Avenue, Fountain Valley, for $536,820.75 (base bid Engineering, Inc. plus all additive bid items) and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Awarded Annual Traffic The annual contract ;for Traffic Signal Maintenance was awarded Signal Maintenance to Econolite Traffic Engineering and Maintenance, Inc., 3360 La Contract to Econolite Palma Avenue, Anaheim, and the Mayor and Deputy City Clerk were authorized to! sign on behalf of the City. Staff was authorized to renew the contract annually for up to a maximum of three additional years limited to any cost increase requests as allowed by the terms ;of the contract. Completion of Rehab- Item No. 9 on the Consent Calendar was presented: Completion ilitation of Baker Street of Rehabilitation of Baker Street and Fairview Road, Project No. and Fairview Road 01-15, Federal No. STPL-5312(032)(033)(034). Martin Millard, Project No. 01-15 2973 Harbor Boulevard, No. 264, Costa Mesa, commented that the excessive traffic on Fairview Road, due to the Orange Coast Monahan's inquiry and affirmed that if awarded the item would College Swap Meet,' is causing the need for such repairs. On MOTION/Accepted motion by Council ! Member Monahan, seconded by Mayor Work; Filed Notice of Robinson, and carried 5-0, the work was accepted; the Deputy Completion, Released City Clerk was authorized to file a Notice of Completion; Funds, Exonerated authorization was given to release retention monies 35 days Bonds thereafter; the Labor and Material Bond was ordered exonerated 7 all of the items were included in the current budget and she months thereafter; and the Performance Bond was ordered exonerated 6 months; thereafter. Building Upgrades and Item No. 11 on the Consent Calendar was presented: Building Modifications at City Upgrades and Modifications at City Hall and Fire Station No. 4, Hall and Fire Station Project No. 02-18. - Council Member Mansoor expressed his No. 4 concern regarding the upcoming budget and suggested voting on the items separately as some items may not be high priority. The Director of Public ;Services responded to Council Member Monahan's inquiry and affirmed that if awarded the item would need to be renegotiated with the contractor or the entire project may need to be rebid, should all items not be accepted. Council Member Cowan confirmed with the Public Services Director that all of the items were included in the current budget and she commented she felt it was important to maintain the maintenance MOTION/Awarded and rehabilitation schedule. On motion by Council Member Contract to Service Cowan, seconded by, Mayor Robinson, and carried 4-1, Council First Member Mansoor voting no, the contract was awarded to Service First Contractors Network, d.b.a. Service First, 18001 Irvine Boulevard, Tustin, for $27,578.39, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Ordinance Amending set for the public hearing continued from the meeting of January Title 13 Requiring 6, 2003, to consider an ordinance amending Title 13 of the Costa Public Improvements Mesa Municipal Code to require public improvements in connection with approval of subdivision and parcel maps. The Public Services Director reviewed the Agenda Report. Mayor Robinson stated she would like to include a reference to incorporate Section 13-215, as made in Section 13-240, into Section 13-241 so that there would not be any confusion that the Planning Commission would follow the same procedure as described in 13-215 with respect to dedication and improvements. There being no speakers, the Mayor closed the public hearing. MOTION/Gave First A motion was made by Council Member Monahan, seconded by Reading to Ordinance Mayor Pro Tem Steel, and carried 5-0, to give first reading to 03-1 Ordinance 03-1: AN : ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA. MESA MUNICIPAL CODE TO REQUIRE J PUBLIC IMPROVEMENTS FOR APPROVAL OF SUBDIVISION AND PARCEL MAPS, incorporating the requested changes. OLD BUSINESS The Deputy City Clerk presented a request of Mayor Robinson for Rehearing Request a rehearing of the City Council decision of January 21, 2003, Segerstrom Home regarding the Segerstrom Home Ranch Education Grant. The Ranch Education Grant Acting City Attorney summarized the Agenda Report. Mayor Robinson explained her reason for her request of a rehearing reporting that there were a couple of cases that the Council, at the time of approval, was not aware of that are "on point" very relevant to the action that was taken. Doug Sutton, 2739 Canary Drive, Costa Mesa, expressed his support for a rehearing and commented that he felt that there were several discrepancies in the votes from previous discussions Council had on this matter. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, supported the rehearing and reported that he had delivered to Council a "Formal Cure and Correct Demand" the day after the vote was taken, and advised that there is a 45 day period, set by law, for action to be taken before a lawsuit is filed. He expressed his support for the Brown Act, stating all business should be done out in an open forum. Donna Bjelland, 2773 Bluebird Circle, Costa Mesa, a parent of Costa Mesa High School students, thanked the Council and commented that the parents strongly supported the decisions that were made describing them as well thought out. Karl Ahlf, 157 East 23rd Street, No. A, Costa Mesa, supported the request for rehearing. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, expressed her support of the request for rehearing and commented that residents, of certain parts of the City, are paying a very high price in terms of the quality of their life in order to receive the Education Grant. Robert Graham, 3260 Dakota Avenue, Costa Mesa, stated his support of the Brown Act. Cindy Brenneman, 1856 Elba Circle, Costa Mesa, agreed that the Brown Act should apply to the Foundations, and supported the request for rehearing. Council Member Cowan stated she would not be in support of a rehearing as she had read the additional information and felt that the cases provided were not much different from the action that was taken by Council at the previous meeting. Council Member Mansoor expressed his support of the Brown Act and the concern of the potential for a lawsuit. Mayor Pro Tem Steel agreed with Council Member Cowan, but supported a rehearing due to the Mayor's absence at the previous meeting. Mayor Robinson reiterated that information of the two cases was not available at the previous meeting but that each involves Council action in the formation and existence of foundations. Council Member Monahan stated he would not be supporting a rehearing, as he was comfortable with the actions taken by Council at the previous meeting. MOTION/Granted A motion was made; by Mayor Robinson, seconded by Council Rehearing Member Mansoor, and carried 3-2, Council Members Cowan and Monahan voting no, to grant the rehearing to be held on February 18, 2003. RECESS The Mayor declared a recess at 8:10 p.m., and reconvened the meeting at 8:20 p.m. OLD BUSINESS The Deputy City Clerk presented the establishment of the date Planning and Park and and time to consider applicants and make appointments to the Recreation Commission Planning Commission and Park and Recreation Commission and Appointments a review of procedures for interviewing and appointing Commissioners. The City Manager reviewed the Agenda Report and he and the Acting City Attorney_ responded to questions from Council. Mayor Pro Tem Steel stated he would like to retain one or possibly two of the, current Planning Commissioners due to continuity, stability, ;and experience. He also expressed the interest in interviewing the 12 new candidates for Planning Commission. Council Member Mansoor expressed confusion as to how the appointments are to; be made, and asked for clarification on the appointment process;. Council Member Monahan commented that he would like staggered terms for ;the Planning Commissioners and recalled a previous procedure where each Council Member received a list of the candidates that they could contact for an informal interview; describing the formal interview process like that of a "firing line". Council Member Monahan commented that he would prefer a simple and informal appointment process. Mayor Robinson also expressed confusion of the process for selection of the Commissioners. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, felt that the Planning Commission, serving at the pleasure of the City Council, should reflect the philosophies of each of the City Council Members. He felt that each Council Member should appoint one candidate to the Planning Commission, commenting that this would cut down on the amount of appeals of the decisions made by the Planning Commission. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, believed that each candidate should be interviewed, allowing the public to witness the interviews, and, in addition, felt that Council should come to a consensus on each of the candidates that are appointed to the Planning Commission. MOTION/Approved A motion was made by Council Member Cowan, seconded by Council Members to Council Member Monahan, and carried 4-1, Mayor Pro Tem Steel Appoint Commissioners voting no, for each Council Member to appoint one Commissioner to the Planning Commission and one Commissioner to the Park and Recreation Commission to serve at the pleasure of the appointing Council Member; names are to be submitted to the City Manager, and the appointments made at the February 18, 2003, Council Meeting, with the terms to begin on March 1, 2003; that the commissioners become eligible for reappointment at the time of the appointing Council Member's re-election, and directed staff to prepare the new policy to be presented at the February 18, 2003 meeting. Mayor Robinson liked the policy, but would prefer the interviews take place of each of the candidates to meet and get to know the candidates before they are appointed to the Commissions. Mayor Pro Tem Steel stated the new policy would simplify the process, however his concern was the lack of openness and the possibility for a lack of diversity on the Planning Commission in addition to taking away the opportunity for the candidates to express themselves. NEW BUSINESS The Deputy City Clerk presented a resolution restricting parking Resolution Restricting on Elm Avenue and Lemon Street, allowing "resident only" parking Parking on Elm Avenue on Elm Avenue between Royal Palm Drive and Lemon Street, and and Lemon Street on Lemon Street between Elm Avenue and Ponderosa Street. Communications were received in opposition from the following Costa Mesa residents: D. Charles Smith, 2867 Hickory Place; and Blaine and Elizabeth Cluff, 2854 Royal Palm Drive, No. B. Communications were received in support from the following Costa Mesa residents: Jack Ulanovsky, 2450 Marseilles Way; Dean Stewart, property owner at 2849 Lemon Street; and Jeremy Anderson, 2829 Lemon Street. The Transportation Services Manager reviewed the Agenda Report and he and the Development Services Director responded to questions from Council. Council Member Cowan commented she did not think "resident - only" parking would solve the problem, but instead would push the problem into the other residential streets in the area, and would like staff to contact the property owner and Paul Mitchell School to find out what their parking ratio needs are. Council Member Mansoor agreed with Council Member Cowan, stating he would like to see the problem solved. He also inquired as to a time frame if the problem could be resolved through a Public Nuisance action. The Development Services Director responded of a month or longer. Council Member Monahan stated that if the Resolution is adopted, further efforts would need to be taken to contact the management of the Paul Mitchell School, and the property owner, possibly before a Public Nuisance action is taken. The Acting City Attorney responded to Mayor Robinson's inquiry of additional options, other than a Public Nuisance action, that may be used to mitigate the parking problem. The Acting City Attorney advised that a Conditional Use Permit has not been issued to the Paul Mitchell School that can be enforced and additional remedies would need to be explored through discussion with the Development Services Director; commenting that a Public Nuisance action is a long and laborious process. Mayor Robinson agreed with Council Member Monahan regarding contacting the Paul Mitchell School, but commented that it didn't appear that the Paul Mitchell School has been willing to work with staff to solve the parking problem when they have ignored requests from the City to address the issue. L I I I Council Member Monahan asked whether staff had visited the Paul Mitchell School'to meet with the management "face-to-face." The Transportation Services Manager responded that they had been to the location, and had met with the property owner, but no one from the Paul Mitchell School. Council Member Monahan suggested that the ;letters may have not been getting to the appropriate individuals at the Paul Mitchell School. He suggested staff make direct contact at the location. Charlotte Chamberlin, 1586 Elm Avenue, Costa Mesa, stated she has lived on the Westside of Royal Palm Avenue for 41 years, and supports the resolution. She showed some photographs of the cars parked, some illegally, on Elm Avenue, and commented that the situation has;caused a drop in her property value. Doug Sutton, 2739 Canary Drive, Costa Mesa. The Acting City Attorney responded to a question of Mr. Sutton's advising that the action from a Public Nuisance action would apply to the business owner. The Development Services Director also responded to a question indicating that the lease was signed between the owner of the property, and the Paul Mitchell School, and advised that no zoning change was needed. Mr. Sutton opined that the parking problem should be handled between the owner of the property and the Paul. Mitchell School with the owner of the property accountable to City Council. Brian Schear, Beach City Auto Wholesale, 2833 Harbor Boulevard, Costa Mesa, could not understand how the Paul Mitchell School was; allowed to lease the location with only 19 parking spaces available for the students, as there are several hundred students who attend the school. Mr. Schear informed the Council that the scope of the problem is much grander stating that it is hurting his business due to lack of parking available to his customers. Wendy Crandall, 1544 Elm Avenue, No. A, Costa Mesa, showed photographs of the ;excess of cars parking on Lemon Street, stating she is constantly contacting the Police Department as students are parking around the corners and blocking handicapped access., Mike Berry, 2064 'Meadow View Lane, Costa Mesa, was appreciative of the Council addressing the parking problem, but agreed with Mr. Sutton that it is the responsibility of the property owner, to enforce the; City codes. Ralph Singman, 4638 La Barca Drive, Tarzana, representing the Shelton Trust, 2829 !Lemon Street, Costa Mesa, owners of the residential property for over 35 years, advised the Council of the complexity of the problem for the residents, and also commented that he did not believe a Public Nuisance action would solve the problem. Mr. Singman had previously contacted the Paul Mitchell School, via letter, over 15 months ago and received a letter back from the Dean of the school stating, "they would work with the property owner to resolve the problem quickly"; six to eight months ago the residents tried again, and were told that the Dean was no longer available and! nothing could be done. Mr. Singman also showed photographs,,of the vehicles parked on Elm Avenue and Lemon Street. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, commented that her neighborhood has also experienced problems with parking but that this appeared to be the worst by far. She also recommended the loading zones need to be more clearly marked and enforced. Jenevieve Nicholas, 1552 Elm Avenue, Unit B, Costa Mesa, stated she has lived at her current address for 19 years and that she and her husband have visited the school and were told "not to worry," that another shift would be added, but advised that the problem remains unresolved and is out of control. She also stated that she is handicapped and unable to find parking in front of her residence. Charles Appell, 2829 Lemon Street, Apt. C, Costa Mesa, advised that it is not only a parking problem, but there is also the problem with trash. He stated that all four corners north of the school are affected by the situation and offered a possible solution of the students using the parking lot on the southwest side of the Mesa Verde Center where approximately 60 to 80 parking spaces are not currently used. Jim Nicholas, 1552 Elm Avenue, Unit B, Costa Mesa, concurred with his wife's statement commenting that problems were created and have progressively become worse with the Paul Mitchell School having moved in. He has also attempted to speak with someone at the Paul Mitchell School without success but was able to contact Tom Strong, owner of the property, who suggested that the residents could park in the Cleaners parking lot, at night when it is empty, since they are unable to find parking in front of their residences. Art Stanlow, 1548 Elm Avenue, Costa Mesa, expressed he previously knew a representative of the Paul Mitchell School, and showed a diagram asking why the vacant property near the school cannot be used for parking. Michael Ormerod, 1548 Elm Avenue, Apt. C, Costa Mesa, urged Council to adopt the resolution for immediate relief for the residents on Elm Avenue and Lemon Street. Jose Ayala, 1540 Elm Avenue, Costa Mesa, commented the parking problem is directly related to the operation of the Paul Mitchell School at this location. Patricia Ormerod, 1548 Elm Avenue, Apt. C, Costa Mesa, advised she is handicapped and never able to park in front of her residence. Beth Refakes, 320 Magnolia Street, Costa Mesa, stated there is also a parking problem in her neighborhood although not to this extreme and supported the resolution. Paul Wilbur, 312 Magnolia Street, Costa Mesa, stated that the previous business was a movie theater but explained that the parking situation was not a problem due to shared parking. Cindy Brenneman, 1856 Elba Circle, Costa Mesa, commented that although the residents need immediate relief she felt "resident only" parking doesn't always work, and that the property owner, and the Paul Mitchell School should be held accountable for the parking problem. Ted Doria, 1805 Tanager Drive, Costa Mesa, advised that there are plans for a restaurant at the east end of the parking lot which would require an additional 30 to 40 parking spaces and further exacerbating the problem. William Michael King, 2729 Starbird Drive, Costa Mesa, also supported the resolution but could not understand why commercial occupancy and its square footage was not considered along with parking needs when the Paul Mitchell School took over the location. MOTION/Adopted On motion by Council Member Cowan, seconded by Mayor Resolution 02-9 Robinson, and carried 5-0, Resolution 02-9 was adopted: A Gave Direction to Staff RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON ELM AVENUE AND LEMON STREET; the Transportation Services Manager was authorized to extend limits of the "resident only" parking restriction .as needed on immediately adjacent streets to address future non-resident encroachments; staff was directed to have parking enforcement on a twice-daily basis; any further correspondence sent to the property owner, or the owner/franchisee of Paul Mitchell School be sent via certified mail; and explore all options in addressing the problem including a Public Nuisance action. Council Member Cowan expressed her concern over restricting parking near Tanager Park, as it is a public park. Megan Delaney, 2734 Starbird Drive, Costa Mesa, stated the parking problem is a nuisance, the street sweeper cannot get through, the handicapped access is blocked, the streets are very narrow, and there is a problem with safety due to visibility concerns. Diane Bjelland, 2773 Bluebird Circle, Costa Mesa, explained that the parking problem began when the local apartments started "cracking down" on' their own residents parking within their borders, in addition 'to the security gates going up around their complexes. Mayor Robinson stated she was appalled at the existing problem and stated she will accompany the Transportation Services Manager to the meetings with the property owner, and/or the Paul Mitchell School. NEW BUSINESS The Deputy City Clerk presented a resolution restricting parking Resolution Restricting on Tanager Drive, ; Starbird Drive, Hummingbird Drive, and Parking on Tanager Bluebird Circle, allowing "resident -only" parking in front of the Drive; Starbird Drive; households on Tanager Drive between Golf Course Drive and Hummingbird Drive; Oriole Drive; on Starbird Drive; Bluebird Circle; and Hummingbird and Bluebird Circle Drive between Tanager Drive and Waxwing Circle; and implement an overnight parking ;prohibition adjacent to Tanager Park and the non-residential segment of Tanager Drive between Golf Course Drive and Oriole Drive. Communications were received in support from the following Costa Mesa residents: Terry Simon -Arnold, 1779 Tanager Drive; Herbert and Viola Theiss, 1785 Tanager Drive; Richard and Meredith Churchill, 1786 Hummingbird Drive; and Robin Leffler, Mesa Verde Community, Inc., Post Office Box 4102. The Transportation Services Manager reviewed the Agenda Report and responded to questions from Council. Council Member Cowan expressed her concern over restricting parking near Tanager Park, as it is a public park. Megan Delaney, 2734 Starbird Drive, Costa Mesa, stated the parking problem is a nuisance, the street sweeper cannot get through, the handicapped access is blocked, the streets are very narrow, and there is a problem with safety due to visibility concerns. Diane Bjelland, 2773 Bluebird Circle, Costa Mesa, explained that the parking problem began when the local apartments started "cracking down" on' their own residents parking within their borders, in addition 'to the security gates going up around their complexes. Pat Davis, 2968 Pemba Drive, Costa Mesa, addressed the issue of devaluing the properties in the neighborhood due to the parking problem. Barbie Love, 2713 Starbird Drive, Costa Mesa, appreciated the effort put forth by staff to help resolve this chronic parking issue, and supported the staff recommendations. Judith Berry, 2064 Meadow View Lane, Costa Mesa, expressed her opposition as she would no be allowed to park near Tanager Park, emphasizing that it is a public park. Tom Stewart, 2764 Bluebird Circle, Costa Mesa, stated that many of the cars park near his house, visit Tanager Park, but complained of the noise from the apartment complex where it seems there are people going in and out, at all hours of the day and night. Mike Berry, 2064 Meadow View Lane, Costa Mesa, informed the Council that he had spoken to tenants of one of the apartment complexes and was told that the residents are charged extra for parking spaces. David Taylor, 2789 Bluebird Circle, Costa Mesa, expressed his belief is the problem started with a change in the parking policy at the apartment complex. Cindy Brenneman, 1856 Elba Circle, Costa Mesa, represented Mesa Verde Community, Inc., who wrote a letter of support to the Council, and stated this is safety issue and asked that serious consideration be given to this matter. Norm Louvier, 2777 Bluebird Circle, Costa Mesa, commented on the trash seen thrown into the gutters and asked for Council's help to resolve the problem. Bob Abbott, 2776 Bluebird Circle, Costa Mesa, stated the cure for the parking problem could be towing away the cars that are parking illegally, and supported adoption of the resolution. Richard Quintana, 2772 Bluebird Circle, Costa Mesa, reiterated the problem of the noise of the vehicles driving up and down the streets at all hours of the day and night, and the issue of safety. Beth Refakes, 320 Magnolia Street, Costa Mesa, expressed that this is an example of poor planning allowing inadequate parking, suggesting that these issues should be addressed in the planning stages of new projects, instead of when it is out of control. Gary Barmore, 1823 Hummingbird Drive, Costa Mesa, supported the resolution stating that, currently, there is not enough parking available for the public to enjoy Tanager Park on the weekends. William Michael King, 2729 Starbird Drive, Costa Mesa, supported the staff recommendations, but stated the people on Oriole Drive need to be protected as well. Doug Sutton, 2739 Canary Drive, Costa Mesa, stated that it depends on how Council deals with the residents that will either encourage or discourage new homeowners in the neighborhoods. Paul Wilbur, 312 Magnolia Street, Costa Mesa, stated if the apartments are being used as dormitories, which would require a change in the land use, and the need for a hearing. MOTION/Adopted On motion by Council Member Monahan, seconded by Mayor Pro Resolution 03-10 Tem Steel, and carried 5-0, Resolution 03-10 was adopted: A Gave Direction to Staff RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON TANAGER DRIVE, STARBIRD DRIVE, HUMMINGBIRD DRIVE AND BLUEBIRD CIRCLE; the Transportation Services Manager was authorized to extend limits of the "resident only" parking restriction as needed on immediately adjacent streets to address future non-resident encroachments; staff was directed to have parking enforcement on a twice-daily basis, as well as to confirm with the property owners if they are renting out their parking spaces to anyone other than tenants. Mayor Robinson expressed that she would like to meet with the property owners involved, to have staff look into the change of use issue and the possibility of a Conditional Use Permit requirement, if it can be determined that the apartment complexes are now renting in agreementwith a college or university. RECESS The Mayor declared 'a recess at 10:50 p.m., and reconvened the meeting at 11:00 p.m. NEW BUSINESS The Deputy City Clerk presented a request of Council Member "Costa Mesa Beautiful, Cowan for support of the "Costa Mesa Beautiful, Costa Mesa Costa Mesa Safe" Safe" concept; request authorization of staff time in accordance with Council Policy: 300-6. Council Member Cowan showed photographs, reviewed the Agenda Report, and along with the City Manager, responded to questions from Council. Council Member Monahan expressed his concern regarding the funding for the proposal because of the expected budget cuts due to the State's budget crisis, and in addition would not support a raise in the franchise, fee for trash collection, nor the redirecting of current Police services from other areas of the City into this concentrated area. Mayor Pro Tem Steel applauded Council Member Cowan's efforts on bringing this item forward, but stated he is also concerned about the funding of this proposal. Mayor Robinson reminded the Council that this proposal is to request staff to do further research for the feasibility of the "pilot program". Council Member M'ansoor echoed the concerns of Council Member Monahan, stating that the Council should wait for the recommendations from the Community Redevelopment Action Committee (CRAC), and the Redevelopment Agency, before proceeding with the proposal. Paul Wilbur, 312 Magnolia Street, Costa Mesa, stated he has worked with the "Keep Costa Mesa Beautiful" committee, and stated there are many volunteers who would be willing to assist in this proposal. 1 1 1 MOTION/Approved A motion was made by Mayor Robinson, seconded by Council Authorization of Staff Member Cowan, and carried 3-2, Council Members Monahan and Time Mansoor voting no, to approve the authorization of staff time in accordance with Council Policy 300-6. CITY ATTORNEY The Deputy City Clerk presented a request for closed session REPORT pursuant to Section 54956.9(a) of the California Government Code to be held to confer with legal counsel, Tom Wood, Acting City Attorney, regarding existing litigation concerning Neja vs. LAFCO and City of Costa Mesa, (Case No. 021-11-06142). . MOTION/Approved A motion was made by Council Member Cowan, seconded by Recommended Action Mayor Robinson, and carried 5-0, to approve the recommendation of Acting City Attorney Tom Wood in his memo dated January 29, 2003. ADJOURNMENT The Mayor adjourned the meeting at 11:25 p.m. ayor of't a City of Costa Mesa ATTEST: C)/ �-- Deput ity Clerk ofthe City of Costa Mesa 1 1