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HomeMy WebLinkAbout03/03/2003 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA March 3, 2003 The City Council of ;the City of Costa Mesa, California, met in regular session March 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 Pro Tem Steel, and invocation by Dr. Martin Harris, Vanguard University. 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 Acting City Attorney Tom Wood Development Services Director Donald Lamm Public Services Director William Morris Associate Planner Mel Lee Deputy City Clerk Julie Folcik ORDINANCES AND A motion was made -,by Council Member Monahan, seconded by RESOLUTIONS Mayor Pro Tem Steel,; -.!rid- --carried 5-0, to read all ordinances and resolutions by -titielonly PRESENTATION Mayor Robinson cor ratulated-:&rmando Rutledge, Transportation Employee of the Division, P�!blic Service_ -Department, on being named Employee Month of the Month. for -..March, -2 93,- iri_ recognition of his high quality of service and diligent vrork-_pei-forriance. She thanked Mr. Rutledge for his reliability in rasolving'issues, visiting locations, and meeting with residents. PUBLIC COMMENTS Brian Evans, Post Office Box 15070, Newport Beach, requested a Evans Inquiry response to questions posed at the Council meeting of February 18, 2003. The City Attorney indicated that he had forwarded a reply to Mr. Evans this date. Mr. Evans asked that correspondence from the City Attorney's office be copied to the City Council, and asked that any documents forwarded be signed by Mr. Wood "under penalty of perjury." Mayor Robinson did not recognize the necessity for that action. Little League Opening Kim Pederson, 3154 ,Killarney Lane, Costa Mesa, thanked Mayor Day Robinson and Mayor ,Pro Tem Steel for attending the opening day of the little league season. He reported that due to a "glitch in the system", the City's Parks Department had closed the playing fields on that day, and asked that staff be directed to work with the residents to prevent this type of occurrence. The City Manager replied that the situation has been addressed, and the Recreation Division and Parks Maintenance Division will meet to ensure that in the future the condition of the fields are updated on a regular basis. 1 1 1 Millard Comments Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, complained about the number of loitering day workers in front of Dunn -Edwards Paints, 3015 Bristol Street, stating that he inquired of the manager why City signs were not posted. The store manager indicated that there had not been a consensus amongst the business owners in his building to pursue placement of the signs, and Mr. Millard asked Council to assist in resolving this situation. He addressed pollution on the west side of the City which is causing health problems for residents, and asked Council to support a study of the soil, air, and water. Mr. Millard asked the location of the $2 million slated for Costa Mesa schools. Council Member Mansoor asked the City Manager to follow-up with Dunn - Edwards Paints, asking the manager if he is willing to post the new, "no soliciting" ordinance. He requested that the same sign be posted at the Costa Mesa Job Center, as well as the businesses across the street and west of the Job Center. The City Attorney replied to Mr. Millard regarding the school funding by stating that the $2 million is in the possession of the City Treasurer in an interest bearing account. Senior Center/Kohl's Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Department Store Mesa, thanked the City Manager for the response she received from the Fire Department regarding Costa Mesa Senior Center emergency exit postings, and reported that an outside stairway at the Senior Center has a locked gate midway. She asked about the ice-skating rink and the bowling alley at the Mesa Verde Center, questioning why they went downhill and are now to be replaced by a Kohl's Department Store. She felt that young and old persons need a place to go for recreation. West Side Health Janice Davidson, 1982 Arnold Avenue, Costa Mesa, agreed with Problems/CHOC Mr. Millard regarding health issues on the west side, and cited her own problems. She objected to the Children's Hospital of Orange County (CHOC) proposal to locate at the Rea School site, and observed that other west side residents are also opposed. EIR Process/Business Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, objected to Costs in Costa Mesa consultants replacing the City in the determination if impacts are significant during the environmental review process. She urged the City to develop a program, separate from the individual environmental review of a project, to obtain a sense of what the threshold should be. She referred to a recent study that was conducted regarding the cost of doing business in various cities in California that indicated that Costa Mesa is the least expensive city in this state. Daily Pilot John Feeney, 1154 Dorset Lane, Costa Mesa, suggested that the City encourage the addition of another daily newspaper in the City other than the Daily Pilot. He cited several examples of his objections to the existing paper, noting that there are no conservative columnists and the reporting is deteriorating. Fairview Park Access Robert Graham, 3260 Dakota Avenue, Costa Mesa, commented that Council's denial of additional parking at the lower portion of Fairview Park discriminated against older and handicapped citizens. He encouraged Council to consider the "big picture". Kohl Department Store Cindy Brenneman, 1856 Elba Circle, Costa Mesa, thanked Mayor (PA -02-06, ZA-02-08) Robinson for appealing the Planning Commission's approval of PA-02-06/ZA-02-08 to build a Kohl's Department Store in the Mesa Verde Center, 2701 Harbor Boulevard. She indicated that there had been questions submitted to C. J. Segerstrom and Sons prior to the Planning Commission study session that have not been answered, and misinformation which needs to be clarified. She urged public participation in the April 7, 2003, public hearing. West Side Improve- Tamar Goldmann, 2324 College Drive, Costa Mesa, commented ments that there are many nice, small homes at the end of West 19th Street. She complimented the City, stating that what is being done for the west side is "right on track", including code enforcement, Police patrols, street repairs, and street closure to lessen traffic. She suggested deleting the 19th Street bridge from the County's Master Plan of Arterial Highways. Somers Comments Heather Somers, 313 Robin Hood Lane, Costa Mesa, thanked Mayor Robinson for appealing the Kohl Department Store project, observing that bowling is a viable activity for young people who will now go to Irvine and, Fountain Valley instead of using the Mesa Verde Center. She addressed the 1901 Newport Boulevard property, asking staff�to determine the total parking for both night and weekend traffic. Ms. Somers thought that the proposed project would be high density, and the impact to the neighborhood, as well as adjacent, intersections, would be detrimental to the community. She reported that Mayor Pro Tem Steel, in his capacity as Chairman of the Redevelopment Agency, had commented that redevelopment should no longer be considering the commercial aspect, only residential, and Ms. Somers clarified that redevelopment includes business, commercial and industrial, as well as residential., Mayor Pro Tem Steel replied that there was a "disconnect" in the headline for the story as reported in the Daily Pilot and the story itself. The City Manager responded to a question from Council Member Mansoor, by stating that an analysis of the total parking for 1901 Newport Boulevard will be included in the information presented to Council in connection with the general plan amendment. Mesa Verde Center The resident at 3075; Molokai Place, Costa Mesa, addressed the Entertainment proposed Kohl Department Store, expressing concern that the younger generation will be lacking in entertainment if the bowling alley and ice skating rink are replaced with a department store. He commented that the store goes against the Costa Mesa ideology of uniqueness. Chris Blank, 3160 Gibraltar Avenue, Costa Mesa, observed that the Segerstrom's own the Mesa Verde Center land and have a right to try to make money. He suggested that the City purchase this recreational resource and utilize the space for bowling, roller skating, or skateboarding. Regarding Mr. Graham's concerns about Fairview Park parking, he proposed directional signs for those who need additional assistance to park on Swan Drive. CONSENT On motion by Council Member Cowan, seconded by Mayor CALENDAR Robinson, and carried 5-0, all 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: Brandt Development Ltd.; Jessica Hoefer; and Gary Turnbeau. 1 Alcoholic Beverage Request for Alcoholic Beverage Control (ABC) License from License Pinot Provence, 686 Anton Boulevard, for 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 1941, funding Payroll 304 for $2,043,783.38, 1941/Payroll 304 and City operating expenses for $569,339.05, including payroll deductions. Approved Warrant Warrant Resolution 1942, funding City operating expenses for 1942 $443,258.93. REJECTED CLAIMS The following claims were rejected: Brown Claim from Rachelle Brown (auto versus auto accident on City road). Gutierrez Claims from Leilani, Joe Anthony, and June Lee Gutierrez (auto versus auto accident at Newport Blvd. and Wilson Street). Rille Claim from Robin Rille (regarding Police Department arrest of the claimant). ADMINISTRATIVE Bids received for Electrical Upgrades and Modifications on the 3rd ACTIONS/Awarded Floor Electrical System at City Hall, 77 Fair Drive, Project No. 03 - City Hall 3rd Floor 01, are on file in the City Clerk's office. The contract was awarded Upgrades, Project No. to Skip's Electric, Inc., 2610 West Orangethorpe Avenue, Fullerton, 03-01, to Skip's for $9,400.00, and the Mayor and Deputy City Clerk were Electric authorized to sign on behalf of the City. Awarded Modification Bids for Replacement and Modification of the Heating, Ventilation, of H.V.A.C. at Fire and Air Conditioning (H.V.A.C.) System at Fire Station No. 2, 800 Station 2, Project No. Baker Street, Project No. 02-20, are on file in the City Clerk's 02-20, to Adelphia office. The contract was awarded to Adelphia, Inc., doing business as Chandler's Air Conditioning .and Refrigeration, 1702 West Fifth Street, Santa Ana, for $27,432.00, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Accepted Work for Construction of Joann Street and the Center Street Alley, Project Joann Street and No. 02-03, was completed to the satisfaction of the Public Services Center Street Alley, Director on December 31, 2002, by All American Asphalt, 400 East Project No. 02-03, by Sixth Street, Corona. The work was accepted; the Deputy City All American Asphalt 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 6 months thereafter. Accepted Work for 19th Street Traffic Signal Modifications at Anaheim Avenue and at 19th Street Signal Pomona Avenue, Project No. 02-02, were completed to the Modifications, Project satisfaction of the Public Services Director on January 17, 2003, by No. 02-02, by Inspection Engineering Construction, 2973 Harbor Boulevard, Inspection Engineering Suite 516, Costa Mesa. The work was accepted; the Deputy City Construction 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. _ S4 Accepted Work for CCTV Expansion Project II, Project No. 02-05, was completed to CCTV Expansion, the satisfaction of the Public Services Director on February 7, Project No. 02-05, 2003, by Moore Electrical Contracting, Inc., 463 North Smith by Moore Electrical Avenue, Corona. The work was accepted; the Deputy City Clerk Contracting 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. Accepted Work for Joann -Miner Alley (No. 19) Improvements (from Fountain Way Joann -Miner Alley, West to Fountain Way East), Project No. 02-14, were completed to (No. 19) Improve- the satisfaction of the Public Services Director on January 30, ments, Project No. 02- 2003, by S. Parker Engineering, Inc., 10059 Whippoorwill Avenue, 14, by S. Parker Fountain Valley. The work was accepted; the Deputy City Clerk Engineering 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 Request Request for extension of a leave of absence was approved for for Leave Extension Chris Messina, Costa Mesa Police Department, to May 16, 2003. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Appeal of PA -02-44, from the meeting of February 18, 2003, to consider an application Elowe/Simonian from Council Member Monahan appealing the Planning Commission's denial of Planning Application PA -02-44 for Ed Elowe, authorized agent for Jennifer Simonian, to construct a two- story, 6,400 square -foot mini -storage building with a manager's unit; with variances from building setbacks from residentially -zoned property (50 feet required; 30 feet proposed); and parking (4 spaces required; 3 spaces proposed), located at 1676 Tustin Avenue in a C1 zone. Environmental Determination: Exempt. Communications were received from Jennifer and Mike Simonian, informing Council of the changes which have been made to address the areas of concern; Roger C. Summers, 1663 Aliso Avenue, Costa Mesa, President, Costa Mesa Heights Homeowner's Association, stating that the project is out of character for the residential neighborhood which borders it on three sides; and a petition containing 35 signatures, citing parking issues, traffic flow problems, and asserting that a single -story office or retail building would be better suited for the location. Council Member Monahan encouraged the discussion of this property and other properties like it that are caught in the middle between commercial and residential. For the record, Mayor Robinson indicated that she had asked the City Attorney at the study session prior to the Council meeting if the discussion could go into other alternatives. The City Attorney clarified that since the item poses a potential change in the general plan and has not been agendized for this evening, the Brown Act does limit the remarks. He suggested as the most appropriate action a direction to staff to bring back a report. The Associate Planner reviewed the agenda report. Ed Elowe, 612 Poppy Avenue, Corona del Mar, authorized agent for Jennifer Simonian', offered to increase the front setback to 40 feet and reduce the density of the project by approximately two units, creating extra parking, turnaround space, and providing an improved front elevation to the street. He also volunteered to increase the landscape trees and other buffers, and to limit the 1 1 1 1 business hours to those that are acceptable to the neighbors. Mr. Elowe indicated that the only other financially feasible solution would be .to rezone the property to residential. He responded to questions from Council. Martin Millard, 2973, Harbor Boulevard, No. 264, Costa Mesa, observed that this is a "spot zoning" situation wherein a residential neighborhood has a small piece of commercial property, and he believed that the proposed usage would be incorrect. He encouraged placing homes on the property that would be good for the City and the applicant. Martin J. Chip Stassel, 450 Cambridge Circle, Costa Mesa, reported that all the homes in the area adjacent to the project will be impacted by the commercial activity. He felt that the mini - storage building would be a misdirected and inappropriate use of the property, and thought that a rear buffer would be imperative. Heather Somers, 313 Robin Hood Lane, Costa Mesa, addressed questions which were not answered by the agenda report, stating that she would like to know the total square footage and the number of related facilities; the highest and best use for the site should be researched, as well as the transition zone along 17th Street; and suggested another type of activity be considered for the property since mini -storage facilities do not pay sales tax. Ms. Somers proposed that Council consider supporting the Planning Commission findings that do not support this type of use for that particular zone. Grant McNiff, 1672 Tustin Avenue, Costa Mesa, whose property line is adjacent to the subject property, felt that small warehouses do not fit in the neighborhood. He proposed conducting a traffic study prior to any action. Chris Ota, 1671 Tustin Avenue, Costa Mesa, addressed the above-mentioned petition that contains 35 signatures opposing this application, stating that there are 24 storage facilities within a three and one-half mile of this area. Beth Refakes, 320 Magnolia Street, Costa Mesa, stated that the project is ill conceived and another example of poor planning. She felt that a public storage facility in this location is not harmonious nor compatible with the surrounding neighborhood, suggested denying the project because it is inappropriate for the location and commented that the property is more suited for low -traffic retail or residential use. She also felt that public storage facilities should be located in an industrial area, not a pedestrian friendly, retail shopping area next to single-family residences; and that storage facilities are a blight on residential neighborhoods, impact property values, and intrude on the privacy of nearby residents. Roger Summers, 1663 Aliso Avenue, Costa Mesa, President, Costa Mesa Heights Homeowner's Association, reported that residents in his neighborhood unanimously support denial of this project. He suggested reworking the proposed usage, and offered to participate in the process. Frank Lyazidi, 1670 Tustin Avenue, Costa Mesa, felt the project is inappropriate, and noted the potential loss of his privacy. He observed that there are a number of children in the area that would be endangered by the amount of traffic generated by the proposed project. Ed Elowe responded to comments made by previous speakers by pointing out that the; property to the rear of the site is zoned commercial, not residential. He addressed the turn -around area by stating that it will be safe and for medium-sized vehicles, and reported that the trash enclosure will be located towards the front of the property. There being no other speakers, the Mayor closed the public hearing. Mayor Pro Tem Steel indicated that he had commented to the applicant that a rezone might be appropriate which could be a better value for the property, and stated that he would support a motion for rezone. Mayor Robinson observed that this project is wrong for this area, noting that the property is too narrow to be safe for safety vehicles, even with the proposed changes, and supported the residential rezone option. Council Member Mansoor expressed concern with the two-story aspect of the project, and supported investigating a single -story option, possibly office or residential. He asked that if alternate options are investigated, that staff make the process as smooth as possible. Council Member Monahan confirmed with staff that the deadline for the next General Plan Hearing Schedule does not apply if the request is Council directed. MOTION/Adopted A motion was made by Mayor Robinson, seconded by Mayor Pro Resolution 03-13 Tem Steel, and carried 4-1, Council Member Cowan voting no, to Denying PA -02-44 uphold the Planning Commission's denial by adopting Resolution 03-13, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DENYING PLANNING APPLICATION PA -02-44, based on the findings in Exhibit "A", and directing staff to return with information about rezoning the property to residential. Council Member Cowan opposed the motion, stating that there is a clearly defined commercial zone in that area, and she thought that there is always an issue of buffering from one use to another. She found the proposed use an appropriate buffered use, particularly with a few modifications to the conditions of approval, such as the hours of customer access. RECESS The Mayor declared a recess at 8:00 p.m., and reconvened the meeting at 8:10 p.m. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Appeal of ZA-02-58, set for the public hearing to consider an application from Council Crowe Member Mansoor appealing the Planning Commission's approval of Minor Conditional Use Permit ZA-02-58 for John W. Crowe, to allow outdoor automobile storage for Pacific Coast Auto, located at 837 West 17th Street in an MG zone. Environmental Determination: Exempt. Mayor Robinson reported that a request to continue this item had been received from the applicant. Council Member Mansoor indicated his willingness to continue the item, stating that he had requested the appeal to add landscaping to break up the impact of stored vehicles, the building in general, and to improve the general appearance of the property with respect to the surrounding neighborhood. 1 1 1 MOTION/Continued A motion was made by Council Member Monahan, seconded by to March 17, 2003 Mayor Robinson, and carried 5-0, to continue this public hearing to the meeting of March 17, 2003. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place PA -02-53, Manion set for the public hearing to consider an application from Eric Katz, Latham & Watkins, LLP, authorized agent for Eleanor Manion, appealing the Planning Commission's denial of Planning Application PA -02-53, for a request for reasonable accommodation to allow a nine -person alcohol/drug rehabilitation facility (i.e., sober living group home) in an existing single-family residence, located at 3138 Cork Lane in an R1 zone. Environmental Determination: Exempt. The Affidavits of Mailing and Publishing are on file in the City Clerk's office. Communications in opposition were received from Gil and Mari Beas, 3157 Sharon Lane, Costa Mesa; Mr. and Mrs. Greg Levanas, no address given; Fred and Elaine Lee, no address given; Don Remmel, 1372 Garlingford Street, Costa Mesa; Bill Huang, 1218 McCormack Lane, Costa Mesa; James Wagner, no address given; Marybeth Brophy, 1276 Londonderry Street, Costa Mesa; Dave Manning, 1344 Garlingford Street, Costa Mesa; Darleen JeyaRajah, 1244 Londonderry Street, Costa Mesa; and Henry Gutierrez, no address given. The Associate Planner summarized the agenda report. Eric Katz, Latham & Watkins, LLP, 650 Town Center Drive, Suite 2000, Costa Mesa, representing the applicant, provided a background on the property and Eleanor Manion, stating that she is a 79 -year-old nurse who has been operating Dove Cottage for about ten years. He mentioned confusion regarding the difference between a sober living home and a rehabilitation home, defining a sober living home as a place where residents are at least 30 -days sober, and must stay clean and sober for their entire stay, as well as employed. Mr. Katz stressed that residents stay at the home for months at a time, and addressed the nine factors to be considered by Council. He responded to questions from Council. Laura Morgan, Woodruff, Spradlin, and Smart, 701 South Parker Street, Suite 8000, Orange, representing the City, clarified several points made by Mr. Katz on behalf of the applicant, concurring with Council Member Cowan that the City's position is that the house is not a single housekeeping unit, and because the application is nonconforming, the applicant is going through the City process to legalize the operation. Mayor Robinson confirmed with Mr. Katz that all the evidence is in Council's possession supporting the applicant's belief that the factors weigh in favor of granting this reasonable accommodation request. Diane Hill, 1288 Londonderry Street, Costa Mesa, coordinator of the Neighborhood Watch Program in her area, related that the conditions described in connection with 3138 Cork Lane are not representative of the balance of that area. She supported the concept of sober living homes that live up to the criteria defining them and that are good neighbors but expressed concern about the actions and conditions of the subject home in the ten years it has been in operation. Kim Pederson, 3154 Killarney Lane, Costa Mesa, agreed that there might be a need for Dove Cottage but not the need for a "hotel". He thought that Mr. Katz was vague about the resident's activities. Kai Giffin, owner Independent Processing Services, 2210-D Marine Avenue, Gardena, largest independent provider of drug and alcohol rehabilitation facilities services to Los Angeles and Orange County, objected to the phrase "alcohol/drug rehabilitation facility" used to describe 3138 Cork Lane, suggesting that the City should derive a common term which would be applied to all disabilities. Mary Stockton, 1210 Londonderry Street, Costa Mesa, though it ridiculous that the City, would bring in more alcoholics. She thought that it is too much to: expect for an elderly lady to manage eight alcoholics. Hattie Valdivia, 3153 'Cork Lane, Costa Mesa, reported that Cork Lane is a beautiful, well -kept street except for the subject property at 3138 Cork Lane. Charlotte Molina, 3130 Bray Lane, Costa Mesa, objected to the drug paraphernalia found in front of her home, and asked for documentation regarding the persons that the home has successfully assisted., Kellie Smith, 3133 Cork Lane, Costa Mesa, listed the trash left on her front yard by residents of Dove Cottage, and expressed concern regarding the transient nature of the business. Patricia Simmons, a resident on Cork Lane, showed photographs of 3138 Cork Lane and compared it to other neighborhood homes that are well maintained. Larry Weichman, 1175 Boise Way, Costa Mesa, stated that a "neighborhood nuisance" will be created if more than six residents are allowed on the subject property. He reported that the California Attorney General opined that the location of a licensed care facility serving six or fewer persons is not required to be disclosed under California law. Paul Hill, 1288 Londonderry Street, Costa Mesa, indicated that the subject home is not representative of the area, and stated that Mrs. Manion "charges" residents of the home, not relying on donations. Jim Wagner, 3150 Bray Lane, Costa Mesa, believed that allowing six persons in the home is a reasonable accommodation, but did not understand why two or more additional persons would be,a problem. Heather Somers, 313 Robin Hood Lane, Costa Mesa, addressed the status for the reasonable accommodation request, noting that a disability must be quantifiable by data. She asked if the facility is compliant under the Americans with Disabilities Act (ADA) standards, Title 24; and suggested that compliance be imposed via a conditional use permit. Ms. Somers also inquired if a Transient Occupancy Tax (TOT) had been imposed on the facility. There being no other speakers, the Mayor closed the public hearing. Laura Morgan, Woodruff, Spradlin, and Smart, indicated that she did not believe that ADA standards would pertain to this application. e S9 Mayor Robinson asked if staff had received, since the Planning Commission hearing, any further information responding to the questions and concerns raised in the staff report or by the Commissioners. The Associate Planner responded in the negative. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 03-14, Mayor Pro Tem Steel, and carried 5-0, to uphold the Planning Denying PA -02-53 Commission's denial by adopting Resolution 03-14, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DENYING PLANNING APPLICATION PA - 02 -53, based on the findings in Exhibit "A". Council Member Cowan did not understand what would be accomplished by adding the extra residents. She thought that if the purpose of the home is to provide a sober living environment, it can be done for six as well as eight, and the reasonable accommodation for a variance in the code is not warranted. She stated that she had not heard any evidence that would indicate that anyone is being denied accommodation by maintaining the code of six or fewer. Mayor Robinson supported the motion, stating that Dove Cottage provides a valuable service for those it houses and the community benefits by the sobriety of the residents. She indicated that the issue is whether Dove Cottage's request for an accommodation to have eight residents as opposed to six under the current code is reasonable. She did not believe that evidence had been presented that there is a special need for the additional residents. Mayor Robinson noted the impact on the surrounding neighborhood, including the calls made to police for service, and mentioned that there are four other like homes in the vicinity. She felt that the house is a transitory, interactive group of people rather than a "single housekeeping unit". OLD BUSINESS The Deputy City Clerk presented from the meeting of February 18, Appointment of 2003, second reading and adoption of Ordinance 03-2, regarding Commissions, Boards . City Council appointment of commissions, boards, and committees; Council Policy 000-2.5, containing additional commissioner appointment procedures; and amendment to Council Policy 000-2, governing committees and boards. The Assistant City Attorney reviewed the agenda report, and responded to questions from Council. Council Member Monahan supported a requirement and verification of Costa Mesa residency and voting status. Council Member Cowan, addressing the requirement to be a "qualified elector", called it meaningless unless the person actually votes, and stated that she would not support that condition for any of the commissions or committees as residency alone should be sufficient. Mayor Robinson thought that the appointments should be made from among persons who have submitted applications. Council Member Cowan agreed that each Council Member had an obligation to review the applications but felt that to identify that those are the only ones from which to choose ties the hands of individual members. Council Member Monahan agreed with Council Member Cowan requiring residency as the qualification. Council Member Mansoor concurred that the appointments should be made from a submitted list of applications, and thought that the voting status of potential commissioners should be verified. Mayor Pro Tem Steel agreed with Council Member Mansoor. Heather Somers, 313 Robin Hood Lane, Costa Mesa, was appalled at the proposed practice, charging that Council did not want to have a United States citizen, provable by the fact that they are a voting citizen', as a sworn officer of the City. She commended the Mayor for her support of the application process. Beth Refakes, 320 Magnolia Street, Costa Mesa, supported a minimum residency requirement, and pointed out that not having an application process will deter residents from applying. She felt that the process previously employed was more open and provided an opportunity to go through the interview process. Mayor Pro Tem Steel appreciated Ms. Somers comments and her support of him regarding actions in terms of the procedures and the electorate. Motion to Appoint A motion was made by Mayor Pro Tem Steel to require that Members Died appointees to the committees and the commissions be a member of the electorate and a resident of the City. The motion died for lack of a second. Motion to Deny A motion was made by Mayor Robinson to deny the Second Reading Died recommendation to adopt the ordinance, based on that fact that the public is not given the opportunity to participate in the process, directing staff to come back with a process that permits individual Council nominations with a three-fifths vote of support and a three- fifths vote to remove, and includes an application process where Council may only select from the applications received by a given deadline, stipulating that the interview process being done in an open forum. The motion died for lack of a second. Mayor Robinson qualified her position stating she felt that the public deserves access to information regarding the candidates who would be holding these public positions, and that Council has the responsibility to keep the process open. She clarified that her motion suggests that each member has a name to submit, and unless three people say no, the name is approved. Council Member Monahan supported the application process but was concerned about the three-fifths vote, preferring the four-fifths. MOTION/Adopted A motion was made by Council Member Monahan, seconded by Ordinance 03-2 Council Member Cowan, and carried 3-2, Mayor Robinson and Mayor Pro Tem Steel voting no, to give second reading to and adopt Ordinance 03-2: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLES 2, 12, AND 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING CITY COUNCIL APPOINTMENT OF COMMIS- SIONS, BOARDS, AND COMMITTEES. MOTION/Approved A motion was made 'by Council Member Monahan, seconded by Revisions to Council Council Member Cowan, and carried 5-0, to approve revisions to Policy 000-5 Council Policy 000-2.5, to include that the commission appointments must be made from among persons who have submitted applications. MOTION/Approved A motion was made by Council Member Monahan, seconded by Revisions to Council Mayor Robinson, and carried 5-0, to approve revisions to proposed Policy 000-2.5 Council Policy 000-2.5, to include that the applicants must be residents of the City of Costa Mesa and qualified electors of the City, that this information will be verified upon application or appointment, and the qualifications must be maintained during the term of the commissioner or it will be cause for removal. MOTION/Adopted A motion was made by Council Member Monahan, seconded by Revised Policy Council Member Mansoor, and carried 3-2, Mayor Robinson and 000-2.5 Mayor Pro Tem Steel voting no, to adopt Council Policy 000-2.5, as revised. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Amendment to Council Policy 000-2 Council Member Monahan, and carried 4-1, Mayor Pro Tem Steel voting no, to adopt the amendment to Council Policy 000-2. NEW BUSINESS The Deputy City Clerk presented Annual Review No. 1 of the 2000 2000 General Plan General Plan. The Development Services Director summarized the agenda report. Robert Graham, 3260 Dakota Avenue, Costa Mesa, suggested that the City review the addition of a bridge at 19th Street. He addressed the possible annexation by the City of Newport Beach of the Santa Ana Heights unincorporated area, Santa Ana Country Club, and neighboring areas,- accusing Council of giving the land away. The City Manager- replier_ that contrary to Mr. Graham's comments, Council -supported -annexation of those areas to Costa Mesa, the application--went"_:#o ` the Local Agency Formation Commission (LAFCOI.-wtip=took _action approving the annexation, and the' pro perty_-u:i,t..ers within the area overrode the determination. He—ativise i.that-staff recommended that Costa Mesa be involved in -any-and-all.-discussions between the property owners and the City .of Newport Beach. The City Manager responded to Mayor Pro Tem Steel that representatives from the Santa Ana Country Club have been straightforward in their desire to annex to the City of Newport Beach. Mayor Robinson reiterated that City Council has done everything in its power to annex the property, and the process allowed the residents to override Council's action. MOTION/Received A motion was made by Council Member Cowan, seconded by and Filed Mayor Robinson, and carried 5-0, to receive and file Annual Review No. 1 of the 2000 General Plan. COUNCIL Council Member Monahan indicated that he had been asked by COMMENTS Diane Pritchett from the Tourism Council to announce that the Costa Mesa Costa Mesa Conference and Visitors Bureau has been honored at Conference and the Hospitality Sales and Marketing Association, receiving two Visitor Bureau Awards awards in the 2002 Adrienne Advertising International Travel Awards Competition: the only gold merit award in the direct mail travel trade competition; and a silver merit award in the brochure travel sales category. Thanks to Outgoing Mayor Pro Tem Steel thanked the outgoing commissioners from Commissioners the Parks and Recreation Commission Kim Pederson, Martha Johnson, and Bob Love; and from the Planning Commission Eleanor Egan, and Walt Davenport. He expressed concern regarding the disabled parking at Fairview Park, and is looking for Redevelopment a better approach to accommodate everyone. He announced the Agency March 10, 2003, Redevelopment Agency meeting at the Neighborhood Community Center, 1845 Park Avenue. He appreciated John Feeney's comments regarding the Daily Pilot, and reiterated that there are three disconnects, one between the editors and electorate; secondly between the reporters, who write good stories as a whole, and the editors who write the bylines and headlines; and thirdly between the publisher and the editors. Costa Mesa Citizen's Mayor Robinson announced that Fire Chief Jim Ellis and City staff Corps will conduct a town hall meeting on March 27, 2003, to discuss the establishment of the' Costa Mesa Citizen's Corps, which is a collaboration between City Fire and Police services and residents to protect against acts of terrorism and local crime. She Henry's Marketplace encouraged everyone to participate. Mayor Robinson recognized Donation the $10,000.00 donation by Henry's Marketplace, 3030 Harbor Boulevard, to the Costa Mesa Community Foundation, which will be used to purchase park equipment for Ketchum-Liebolt Park. ADJOURNMENT The Mayor declared the meeting adjourned at 10:45 p.m. ayor of the City of Costa Mesa ATTEST: Depu y City Clerk of the City of Costa Mesa 1 I.