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HomeMy WebLinkAbout04/07/2003 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 7, 2003 The City Council of ;the City of Costa Mesa, California, met in regular session April 7, 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 Monahan, and invocation by the Reverend Bill Gartner, Harbor Christian Fellowship. 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: None Officials Present: City Manager Allan Roeder Acting City Attorney Tom Wood Development Services Director Donald Lamm Public Services Director William Morris Transportation Services Manager Peter Naghavi Police Lieutenant Karl Schuler Associate Planner Mel Lee Neighborhood Improvement Manager Muriel Ullman CDBG/HOME Coordinator Mike Linares Deputy City Clerk Julie Folcik MINUTES On motion -'by Council Member Cowan, seconded by Council March 17, 2003 Member 'Moriahah =und: carr:ad_ 5-0, the minutes of the regular meeting of`March 1.7„20-,*3,.were_-ap proved as distributed. ORDINANCES AND A motion was mach by=,,.�:ouncii Member Cowan, seconded by RESOLUTIONS Council Member Monahan -;"and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Robinson announced that John and Fran Ursini, owners of Mayor's Award Newport Rib Company, had been selected as recipients of the Costa Mesa Mayor's Award. She commended the Ursini's for their support of many academic and athletic programs in the Newport - Mesa Unified School District through sponsorship, gift certificates, student discount programs, donations, meals, and grants, and their commitment to chairing the American Youth Soccer Organization (AYSO) pancake breakfasts for 15 years. PRESENTATION Mayor Robinson read.a proclamation declaring the month of April, Autism Awareness 2003, as Autism Awareness Month and specifically April 5, 2003, Month Proclamation as Autism Awareness Day, urging residents to become educated about, and support those seeking a cure and working with the victims of this developmentally disabling, ever increasingly common disease. She presented the document to Council 1 �1 Member Monahan, who accepted on behalf of Lisa Ackerman, President of Cure Autism Now, who was unable to attend. PRESENTATION Mayor Robinson read a proclamation congratulating and Vanguard University recognizing the Championship Vanguard University Women's Women's Basketball Basketball Team: Deborah Cadelaria, Robbin Dittenbir, Anna Team Proclamation Dittenbir, Michelle Griffo, Cecilia Josefsson, Laura Lee, Crystal Lenderman, Jessica Lenderman (Captain), Courtney McKinney, Lacy Mills, Paulette Seaman, Richeal Werdel, Jennifer Wilcox, and Coach Russ Davis, Assistant Coaches Mike Cherney, John Barney, and Kelly Boeke, and Team Manager Crystal Costa. She congratulated the team for their athletic abilities and skill, their championship season, and their unified spirit. She presented the document to the team. PUBLIC COMMENTS Doug Sutton, 2739 Canary Drive, Costa Mesa, supported Mayor Mayoral Position Pro Tem Chris Steel as the logical candidate to fulfill the role of mayor when Karen Robinson assumes her new position as a judge of the Orange County Superior Court. He commented that Mr. Steel has demonstrated a passion for effecting a vision for Costa Mesa, and felt that Costa Mesa should be on a sustainable path to improve the City. He proposed appointing former Parks and Recreation Commissioner Bob Love to the Council. Mr. Sutton complained that in his opinion Council does not oversee the management of the budget, ensure that Costa Mesa school children are getting their needs met in the school system, make progress on improving conditions on the west side of Costa Mesa, nor have they demonstrated the ability to build a community consensus. He asked Mayor Robinson to seriously accept the responsibility of her newly appointed position. Sid Soffer Brian Evans, Post Office Box 15070, Newport Beach, reiterated information regarding issues relating to former Costa Mesa resident Sid Soffer, 540 Bernard Street, who had legal problems with the City involving a building permit. Local Businesses = Mike Berry, 2064 Meadow View Lane, Costa Mesa, encouraged Council to "do business" with the businesses in Costa Mesa, by awarding contracts to local companies and thereby stimulating the economy. He observed that many contracts are given to companies that do not employ Costa Mesa citizens nor do they pay taxes to the City. Robinson Appointment William Kuhn, 1086 EI Camino Drive, Costa Mesa, commented on Mayor Robinson's appointment, and encouraged her to bring honesty and integrity to the position. Parking Lot Problems Alex Fogel, 1920 Maple Avenue, No. C, Costa Mesa, referred to an e-mail that he had forwarded to Council on March 19, 2003, which addressed problems concerning a parking lot, previously residential, which has become a thoroughfare for every business on the north side of 19th Street between Maple Avenue and Harbor Boulevard. He objected to the noise and inadequate drainage, which causes flooding during the rainy season, and reported that the City Manager's office has indicated that they will be responding shortly to his inquiries. Council Member Monahan clarified that Mr. Fogel was referring to the Bank of America on 19th Street, and the City Manager added the property in question is privately owned. Conflict of Interest Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, stated that a Conflict of Interest ordinance was added a section to the Costa Mesa Municipal Code to disqualify a Council Member from voting on an issue should;: they receive a campaign contribution of $250.00. That it had been approved by the voters in the 1990 election and by Council. She indicated that the City Attorney's summary noted that the chief purpose was to amend the code, to add a new disqualification requirement for City Council members. Ms. Genis stated that a conflict has currently arisen, which she believes was due to ignorance rather than malice, and should be addressed. Hogan-Shereshevsky Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Comments Mesa, congratulated Mayor Robinson on her new assignment, noting that Orange County Metro magazine had named the Mayor one of ten outstanding Orange County women. She reported four potholes at 18th Street and Newport Boulevard, and reiterated her concerns regarding' the "safe and sane" fireworks policy in Costa Mesa. Ms. Hogan Shereshevsky asked to hear from citizens who have lived in the City since 1953 in order to include that information in literature for Costa Mesa's 50 -year anniversary celebration. West Side Costa Mesa Martin Millard, 2973 ; Harbor Boulevard, No. 264, Costa Mesa, asked Council to be more proactive to improve the City, specifically the west side. He mentioned that an article in the April 1, 2003, Los Angeles Times reported that a recent study linked plastic to embryo illnesses such as autism. Mr. Millard stated that industrial units on the bluffs, located on the west side, are the worst polluters in Orange County, and the material is blown throughout the City by breezes from the ocean. He felt that in order to improve the City, it is necessary. to break the symbiotic relationship which exists on the west side which includes the industrialists who need cheap labor, undocumented laborers who are supplied by the Costa Mesa Job Center, and day laborers who supplement their incomes with free food and rental assistance from local charities. 1 C Fairgrounds Traffic Beth Refakes, 320, Magnolia Street, Costa Mesa, congratulated Mayor Robinson, acknowledging that during her term as Mayor she had demonstrated her leadership abilities in dealing with some of the more challenging issues facing the City. Ms. Refakes suggested reviewing the conditions under which special events at the Fairgrounds operate, considering the traffic that had severely Disaster Preparedness impacted City streets the previous weekend. She encouraged residents to participate in the City's Citizen Corps Council program designed to provide the ability to be better prepared in event of disaster, as well as to assist the Police and Fire Departments. She asked the status of the abandoned shopping cart ordinance, and disposal of the Huscroft House. Council Member Cowan replied by announcing that the issue was to be addressed at the study session of April 14, 20'03. "Child Care is Every Vickie Hay, 2300 Fairview Road, No. Y104, Costa Mesa, City's Business" Coordinator of the Welfare to Work Program for Orange Coast College, and member of the Orange County Planning and Development Council for Child Care, announced a forum, sponsored by Orange County United Way, to be held May 15, 2003, entitled "Child ;Care is Every City's Business". She urged Council and members of the Planning and Recreation Divisions to attend the forum, reporting that the focus will be on child care as an essential aspect to municipal infrastructure. Road Repair Oran Marksbury, 2273 Colgate Drive, Costa Mesa, thought that Fairview Road between Fair Drive and Wilson Street should be repaired. Council Member Mansoor agreed that Fairview Road is in need of repair, and; reported that the City is seeking funding to remedy the situation for the top ten worst streets. He announced that he would continually encourage the repair of damaged City streets. Humphrey Comments Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, thanked the Costa Mesa Police Department for being proactive in removing commercial vehicles parked on residential and other non - appropriate streets. Addressing the previous comments by Anne Hogan-Shereshevsky regarding fireworks, he reminded Council that the question on whether to abolish the sale of fireworks in Costa Mesa had been on the ballot as an advisory measure, and was supported by voters. Mr. Humphrey asked that a survey be taken of current rent increases, including the size of the increase, for mobile home parks in Costa Mesa. He felt that redevelopment would force rents upwards causing tenants to relocate. Trash Cans and Barbara Beck, 443 Flower Street, Costa Mesa, thanked Council for Swimming Pools the new trashcans with wheels, and for the Downtown Center swimming pool. Aviemore Terrace Robert Reeder, owner of 1127 and 1131 Aviemore Terrace, Costa Properties Mesa, asked if the Marina Highlands area actually needs preservation guidelines and procedures that would prevent homeowners on Aviemore Terrace from adding a second -story addition to their homes. He cited a two-story home at 1163 Aviemore Terrace which has been in existence for 15 years, and encouraged Council, prior to the meeting of April 21, 2003, when this issue will be addressed, to visit the backyards of the homes at 1157, 1151, and 1147 Gleneagles Terrace, which are above the two-story home. Jeffrey .Childs, 1139 Aviemore Terrace, Costa Mesa, regarding "view preservation guidelines" which will be discussed at the meeting of April 21, 2003, commented that there is no "right to a view" in the State of California. Avalon Lounge Michael Conley and Shelly Leonard, 190 Rochester Street, Costa Mesa, were pleased that the Planning Commission approved the Avalon Lounge at 820 West 19th Street, thanking them for their confidence in the concept. They felt that the lounge would be a positive establishment for the west side. Irvine Wilderness Robert Graham, 3260 Dakota Avenue, Costa Mesa, advised of a Preserve/Fairview flyer from the 50,000 acre Irvine Wilderness Preserve which listed Park their goals of increasing public access, and protecting and restoring the sensitive natural resources. He objected to Council's recent discussion regarding installation of an additional upper parking lot in Fairview Park and removal of the lower lot. Mr. Graham stated he believed the residents on Swan Drive who, consider the entire area their own backyard and private reserve. Tim Cromwell, 2029 Swan Drive, Costa Mesa, replied to Mr. Graham by stating that the majority of the persons who spoke against a parking lot at the lower level of Fairview Park did not live anywhere near Swan Drive. ANNOUNCEMENT Mayor Robinson announced a request to table New Business Item No. 2, an ordinance amending Title 13 of the Costa Mesa Municipal Code to include an art in public places program; and a resolution adopting the Costa Mesa art in public places Policy and Procedures Manual. .r*-.-.- 1-1.4 MOTION/Tabled A motion was made by Council Member Cowan, seconded by Mayor Pro Tem Steel, and carried 5-0, to table the art in public places program. Charlene Ashendorf, 3210 Montana Avenue, Costa Mesa, member of the Cultural Arts Committee, thought that this item should be discussed at a later date, and expressed surprise that the Chamber of Commerce does not support the program. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 8, Agreement No. SA -27-031 E with the 32nd District Agricultural Association, for an amount not to exceed $30,000.00, for traffic management services during designated interim events at the Orange County Fair and Exposition Center; Item No. 9, Agreement No. SA -26-03F with the 32nd District Agricultural Association, for an amount not to exceed $150,000.00, for traffic management services at the 2003 Orange County; Item No. 10, Award of Asbestos and Lead -Base Paint Removal and Demolition and Disposal of Park Structures, Project No. 03-02, to J & G Industries, Inc., for $52,631.00; Item No. 14, Agreement with Conrad and Associates, LLP, for annual independent audit services for fiscal year 2003, for a total amount of $65,528.00; and Item No. 15, Appointment of Ron Molendyk, Fairview Park Plan Administrator, as staff liaison to the Orange Coast River Park Committee. MOTION/Approved On motion by Council Member Monahan, seconded by Mayor Pro Except Item Nos. 8, 9, Tem Steel, and carried 5-0, the remaining Consent Calendar items 10, 14, and 15 were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: ,.Michael P. Barr; and Keri Klein. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1945, funding Payroll 306 for $1,980,385.79 1945/Payroll 306 and and Payroll 305A for $4,061.09, and City operating expenses Payroll 305A for $326,996.14, including payroll deductions. Approved Warrant Warrant Resolution 1946, funding City operating expenses for 1946 $1,005,226.85. Approved Warrant Warrant Resolution 1947, funding Payroll 307 for $1,993,437.37 1947/Payroll 307 and and Payroll 306A for $16,768.23, and City operating expenses Payroll 306A for $652,548.39, including payroll deductions. ADMINISTRATIVE A letter of agreement, continued from the meeting of March 17, ACTIONS/Approved 2003, to accept grant funds not to exceed $5,000.00 from the "Every 15 Minutes California Highway Patrol to conduct the "Every 15 Minutes Program" Grant Funds; Program", a "drinking and driving" education program for high Approved Budget school students, was approved, the Police Chief was authorized to Adjustment No. 03-087 sign on behalf of the City, and Budget Adjustment No. 03-087 was approved for $5,000.00. Adopted Resolution Resolution 03-16 was adopted: A RESOLUTION OF THE CITY 03-16, Transportation COUNCIL OF THE: CITY OF COSTA MESA, CALIFORNIA, Division Records AUTHORIZING RECORDS DESTRUCTION FOR THE Destruction TRANSPORTATION DIVISION OF THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60. Approved Agreement An agreement was approved with PRC, Public Sector, Inc., 946 with PRC for Data West Town and Country Road, Orange, for an amount (allocation) Conversion Services not to exceed $60,000.00, to perform data conversion services for the Police Department and related public safety computer files for translation into the new City Public Safety Computer System, as previously approved and funding appropriated (Resolution No. 03- 12) by the City Council at the meeting held February 18, 2003, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Accepted Street Street improvements at 3303 Harbor Boulevard were completed to Improvements at 3303 the satisfaction of the Public Services Director by Commerce Park, Harbor by Commerce LLC, 19191 South Vermont Avenue, Suite 590, Torrance, in Park, PS01-00076 connection with Encroachment Permit No. PS01-00076. The work was accepted, and the bonds were ordered exonerated. Accepted Street Street improvements' at 215 and 219 East 16th Street were Improvements at 215 completed to the satisfaction of the Public Services Director by and 219 East 16th by Joseph Cefalia, 818 West Balboa Boulevard, Newport Beach, in Joseph Cefalia, PS01- connection with Encroachment Permit No. PS01-00555 (Parcel 00555 (Parcel Map Map 2000-146). The work was accepted, and the bonds were 2000-146) ordered exonerated. Accepted Parcel Parcel corner monumentation at 215 and 219 East 16th Street was Corner Monumentation completed to the satisfaction of the Public Services Director by at 215 and 219 East Joseph Cefalia, 818 West Balboa. Boulevard, Newport Beach, in 16th by Joseph Cefalia, connection with Parcel Map 2000-146. The work was accepted, Parcel Map 2000-146 and the bonds were ordered exonerated. Agreement No. SA -27- The Deputy City Clerk presented Item No. 8 on the Consent 031 E with the Fair- Calendar: Agreement No. SA -27-031 E with the 32"d District grounds for Traffic Agricultural Association, for an amount not to exceed $30,000.00, Management Services for the City to provide and coordinate traffic management services for Interim Events during designated interim events at the Orange County Fair and Exposition Center from April 15, 2003, through December 31, 2003. Oran Marksbury, 2273 Colgate Drive, Costa Mesa, was confused that Item No. 7 on the Consent Calendar had "(allocation)" after the amount, questioning why this is not included after the amount in Item Nos. 8 and No. 9. Addressing Item No. 8, he asked if the Fairgrounds is paying the City the $30,000.00, or the City paying the Fairgrounds. The Police Lieutenant responded by stating that the $30,000.00 is paid to the Police Department by the Fairgrounds. MOTION/Approved On motion by Council Member Monahan, seconded by Council Agreement Member Cowan, and carried 5-0, the agreement was approved, and the Police Chief was authorized to sign on behalf of the City. Agreement No. SA -26- The Deputy City Clerk presented Item No. 9 on the Consent 03F with the Fair- Calendar: Agreement No. SA -26-03F with the 32nd District grounds for Traffic Agricultural Association, for an amount not to exceed $150,000.00, Services for the 2003 for the City to provide traffic management services at the 2003 Orange County Fair Orange County Fair from July 11, 2003, through August 3, 2003. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, supported approval of Items No. 8 and No. 9, stating that the City will provide the traffic management services and should be reimbursed by the Fairgrounds. She encouraged the maintenance of noise monitoring since there will be concerts at the amphitheatre for the first time in years, and urged the City to work with the Fairgrounds. Oran Marksbury, 2273 Colgate Drive, Costa Mesa, questioned the amount charged for traffic services during the Orange County Fair. Council Member Cowan replied by clarifying that the traffic - management services for the Orange County Fair are around-the- clock, as compared to the interim services which are a "per event" charge, not "per day". MOTION/Approved On motion by Council Member Monahan, seconded by Council Agreement Member . Cowan, and; carried 5-0, the agreement was approved, and the Police Chief was authorized to sign on behalf of the City. Contract for Demoli- The Deputy City Clerk presented Item No. 10 on the Consent tion and Disposal of Calendar: Award contract for Asbestos and Lead -Base Paint Park Structures, Pro- Removal and Demolition and Disposal of Park Structures, Project ject No. 03-02 No. 03-02, to J & G Industries, Inc., 18627 Brookhurst Street, Suite 302, Fountain Valley, for $52,631.00. Mike Berry, 2064 Meadow View Lane, Costa Mesa, thought that the monies for the contract should be derived from Community Development Block Grant (CDBG) funds due to the asbestos and lead -base paint removal, and thought that general funds were being utilized. The Public Services Director responded that none of the structures being demolished fall within the target area where CDBG funds could be used. Council Member Monahan clarified that CDBG funds are: only available for use in designated "target areas" and that the Department of Housing and Urban Development (HUD) works with the City to determine those areas. MOTION/Awarded On motion by Council Member Cowan, seconded by Council Contract to J & G Member Monahan, and carried 5-0, the contract award was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Agreement with The Deputy City Clerk presented Item No. 14 on the Consent Conrad and Asso- Calendar: Agreement with Conrad and Associates, LLP, 1100 ciates for Annual Main Street, Suite C, Irvine, for annual independent audit services Independent Audit for fiscal year 2003, for $52,028.00, and for additional audit time Services associated with implementation of GASB Statement No. 34 for the City and all component units, in an amount not to exceed $13,500.00, for a total amount of $65,528.00. Council Member Monahan announced his abstention on this item. MOTION/Approved On motion by Council Member Cowan, seconded by Mayor Agreement Robinson, and carried 4-0, Council Member Monahan abstaining, the agreement was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Appointment of Liaison The Deputy City Clerk presented Item No. 15 on the Consent to Orange Coast River Calendar: Appointment of Ron Molendyk, Fairview Park Plan Park Committee Administrator, as staff liaison to the Orange Coast River Park Committee. Robert Graham, 3260 Dakota Avenue, Costa Mesa, supported the appointment of Ron Molendyk, stating that he would make a good liaison to the committee. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, agreed with Mr. Graham, stating that Mr. Molendyk has done a remarkable job. MOTION/Appointed On motion by Council Member Monahan, seconded by Council Molendyk Staff Liaison Member Cowan, and; carried 5-0, Ron Molendyk, Fairview Park 1 1 Plan Administrator, was appointed staff liaison to the Orange Coast River Park Committee. RECESS The Mayor declared a recess at 7:50 p.m., and reconvened the meeting at 8:00 p.m. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place PA-02-06/ZA-02-08, set for the public hearing to consider an application from Mayor Segerstrom/Kohl's Robinson appealing the Planning Commission's approval of Master Department Store Plan Amendment PA -02-06 . and Planned Signing Program Amendment ZA-02-08, for Tait and Associates, authorized agent for C. J. Segerstrom and Sons, to demolish approximately 95,456 square feet of building area and construct an approximately 95,839 square -foot retail building (Kohl's Department Store), with a minor conditional use permit to deviate from shared parking requirements for Mesa Verde Center, located at 2701 Harbor Boulevard in a C1 - S (Shopping Center District) and C2 (General Business District) zone. Environmental Determination: Negative Declaration. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Communications in support of the project were received from Joan Smith, 220 Knox Street, Apt. B, Costa Mesa; Jeanne Moody, 3315 Nevada Avenue, Costa Mesa; Clint Anderson, 1759 Iowa Street, Costa Mesa; the staff at Laredo Financial Services, 1525 Mesa Verde Drive, Suite 115, Costa Mesa; Beverly Morphy, 106Y2 Diamond Avenue, Balboa Island; Shirley Cross, 1525 Mesa Verde Drive, Costa Mesa; Mark Les, 1808 Hummingbird Drive, Costa Mesa; a petition with 18 signatures submitted by Eugenia Imandt, 2706 Ashwood, Costa Mesa; and a petition with 69 signatures submitted by Barbara Panian, 436 Swarthmore Lane, Costa Mesa. Communications opposing the project were received from Deborah Watson, 2510 Westminster Avenue, Costa Mesa; Mark Andrews, 1819 Hummingbird Drive, Costa Mesa; Edward and Maureen Mazzarella, 1207 Donegal Place, Costa Mesa; Robin Leffler, 3025 Samoa Place, Costa Mesa; Mesa Verde Community, Inc., Post Office Box 4102, Costa Mesa; Carolyn Tashiro, 1557 Amberleaf, Costa Mesa; Jody Pedri, 3332 Nevada Avenue, Costa Mesa; Patrick and Susan Duffy, 1551 Amberleaf Drive, Costa Mesa; Keith and Lois Raffel, 2024 Swan Drive, Costa Mesa; Charlene Ashendorf, 3210 Montana Avenue, Costa Mesa; Chris and Tracy Clevidence, 2792 Vireo Circle, Costa Mesa; Rick and Lisa Fisher, 1649 Oahu Place, Costa Mesa; Rod and Teri Randolph, 2721 Skylark Circle, Costa Mesa; Bill and Michelle Graham, 2792 Redwing Circle, Costa Mesa; Craig and Lisa Belmont, 1700 Oahu Place, Costa Mesa; LaVonn Larsen, no street address, Costa Mesa; William G. Susman, 3035 Country Club Drive, Costa Mesa; Liz Garrett, 2850 Serang Place, Costa Mesa; John Weatherwax, 1278 Logan Avenue, Costa Mesa; Cindy Vines Brenneman, 1856 Elba Circle, Costa Mesa; Janet and Martin Jones, 3186 Madeira Avenue, Costa Mesa; the Palme family, 3252 Colorado Lane, Costa Mesa; the Gordon family, 3214 Colorado Place, Costa Mesa; E. Adrian and Fredericka G. LaGrave, no address given; Doug Scribner, 321 Avocado Street, No. P, Costa Mesa; Bonnie LaBelle, 1643 Beechwood, Costa Mesa; Diane Russell, 1110 Sandi Lane, Costa Mesa; and Bob and Sandi Otoshi, 1657 Palau Place, Costa Mesa. A communication with 109 signatures was received, 89 percent opposed, 7.3 percent undecided or "O.K.", and 2.75 percent in support. Communications asking that the Kona Lanes bowling center be preserved were received from April Gentry, 2210 Pacific Avenue, Apt. K1, Costa Mesa; Leonard Joseph Dunham, no address given; Dieter Kutz, 3013 Grant Avenue, Costa Mesa; Evan Kipnis, 1950 Balearic Drive, Costa Mesa; Weston Barloon, Boy Scout Troop 339, no address given; and Christine Holden, no address given. A communication was received from Jack Mann, Jr., Montecito, owner of the Kona "Lanes bowling center, stating that Kona Lanes will close its doors this summer due to the economic reality of their situation, regardless of whether or not the Planning Commission's approval of Kohl's Department Store is overturned by the City Council. Mayor Robinson stated that her concern regarding recreation in the City, and its importance, was only a part of the reason she appealed this project. She indicated that it is not the Kohl's Department Store that she is appealing but a project of this size at this location, and enumerated the following reasons for the appeal: the minor conditional use permit for deviation from shared parking requirements for Mesa Verde Center; Condition of Approval No. 34 which requires gates be installed, to be locked at dusk and opened at dawn, in the public walkway area between the subject project and adjoining residential area; modification to Condition of Approval No. 20 limiting the number of deliveries; the project poses potential noise impact on the adjoining homes from the delivery truck area, the outdoor trash compactor, and the rooftop air conditioning unit; the ;project will intensify traffic in the immediate area, it will place additional demands on City services and further impact the housing imbalance which already exists in Costa Mesa; and the pressure ori Harbor Boulevard once Home Ranch is developed, coupled with the final build out of Target Greatland and this potential project; will place the City in a difficult, if not impossible, position of fighting a Gisler Street bridge. She did not feel that this project, nor any project this size, adds to a balanced community, and the addition of Kohl's will create densities and intensities that are unacceptable. The Associate Planner summarized the Agenda Report dated March 24, 2003. He agreed with Council Member Cowan's comment that the proposed use is allowed by zoning, and all of the conditions and approvals lend itself to a proposal that meets the current General Plan.; The Transportation Manager reported that the traffic analysis, received by Council on the afternoon of the meeting, was briefly reviewed by Transportation staff, and reported that for the existing ,conditions the analysis did not show any measure of significant impact, in fact the level of services for the weekends is better than for weekdays because of the commute traffic. The Associate Planner, the Transportation Services Manager, and the City Attorney responded to questions from Council. Paul Freeman, C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, owner of the Mesa Verde Center, addressed their request for continuance, citing studies that were in progress such as the traffic analysis which he had received at 4:00 p.m. this date. Council Member Monahan stated that, depending on answers to his questions, he may be interested in a continuance but nonetheless would support taking public comment. Mayor Pro Tem Steel preferred to take a vote on this issue, but failing that, suggested continuance to a Council study session this summer, no earlier than June, 2003. Mayor Robinson agreed that the traffic studies are important but not the primary issue in her appeal, and felt that after the public hearing, she would have enough information for a vote. Mr. Freeman noted for the record that C. J. Segerstrom and Sons were required to pay for a traffic study, delivered today, which has not been analyzed, and he felt that any action would be premature. He responded to Mayor Robinson's reasons for the appeal by stating that there is no longer the need for a variance or deviation from parking requirements, noting that the project is 100 percent compliant; regarding the walkway between the back of Kohl's Department Store and the Mesa Verde Collection, Mr. Freeman stated that they would defer to the City's judgment; residents in the ten homes immediately behind the Center, those who would be directly affected, unanimously support the project; regarding truck deliveries, Kohl's has offered to limit "special events" to 15 weeks out of the year, specifying that for 37 weeks, there would be a maximum of four truck deliveries a week, and for 15 weeks, a maximum of six; regarding intensification of traffic and additional demands on City services such as Police and Fire, he felt that any use would increase traffic and noted that City consultants concluded that, with appropriate mitigation measures, there would not be a significant impact; and regarding the Gisler Street Bridge, which C. J. Segerstrom and Sons have gone on record to oppose, he did not see a need for the bridge as a result of traffic generated from Target Greatland, Home Ranch, and Kohl's Department Store. Mr. Freeman reported that the Segerstrom's began investigating reinvigorating the Mesa Verde Center beginning in 1995, and have considered upgrading Kona Lanes, the Ice Chalet, and the Edwards Theater. He understood the need to replace the loss of recreation but thought that it would be inappropriate next to homes, suggesting instead an area where it would not be an "attractive nuisance." He mentioned that Kohl's will generate between $250,000.00 and $300,000.00 per year in sales tax, they are a good neighbor, and substantial changes in the,plans have been made to effect compliance with the General Plan. Mike Distel, Vice President of Real Estate, Kohl's Department Stores, Inc., N56 W17000 Ridgewood Drive, Menomonee Falls, Wisconsin, reported that Kohl's is a family-oriented, specialty department store offering brand name apparel and home goods, and providing convenient shopping at neighborhood locations. He indicated that there are 482 stores in 33 states, and 28 stores opened last month in southern California, 8 of which .are in Orange County. He stated that their distribution center in San Bernardino supports the entire southern California market, and Kohl's supports the community by improving health and educational opportunities through the Kohl's Cares for Kids Program. Mr. Distel reported that all net profits from select merchandise is donated to fund medical equipment, family resource centers, and hospital expansion programs in 45 children's hospitals throughout the country. He detailed other benevolent aspects of the organization which would make it an asset to the community. Paul Freeman showed visuals of an overview of what is allowed or required under the City's General Plan in comparison to what is being proposed. He did not feel that there is a legal basis for denying the project, noting that they are within every relevant development parameter and every requirement is met or exceeded. He observed that the proposed project is not comparable to other centers such as Target Greatland in terms of the quality of retailer, the landscaping, the setback, nor the reaction of the neighbors most affected by the project. Mr. Freeman observed that any new use will generate vehicular trips. Vasilis Papadatos, 'Perkowitz and Ruth Architects, Inc., 111 West Ocean Boulevard,, 21St Floor, Long Beach, designer of the Kohl's project, responded to a question by Mayor Robinson by stating that there are four other 'Kohl stores in southern California that are within 87 feet of residential properties. Mayor Robinson observed that the General Plan provides a legal basis for denying the project by stating that, "often the full impact of certain land use constraints is not felt until an area is built to or near the limits of the General Plan designation. Individual projects may not present problems but the cumulative effect of several developments at a specific intensity could prove excessive. Under those conditions, a project which comes in the General Plan can be denied because �of its excessive use." Mr. Freeman replied that the Mitigated Negative Declaration does not refer to any cumulative effects that are excessive and does not say that there are any significant impacts that cannot be mitigated. Tony Petros, LSA Associates, 20 Executive Park, Suite 200, Irvine, in response to a question from Council Member Mansoor, stated that traffic would increase on Adams Avenue due to the Kohl's project. He indicated that any new use that would provide an attraction to this site would add traffic, noting that 90 percent will originate in the Costa Mesa area and 10 percent would have an origin to the west; specifically Huntington Beach. Mr. Petros reported that 22 intersections were included in the study, and they do not forecast "cut -through" traffic as being a problem on smaller streets. The Transportation Services Manager added that cut - through traffic was projected to be fewer than two percent for the Mesa Verde Collection, and thought that Kohl's would add another one to two percent. ; He stated that the mitigation measures to reduce significant impact on Adams Avenue would be to provide three left -turn lanes for eastbound Adams Avenue at Harbor Boulevard, a southbound right -turn lane on Fairview Road at Adams Avenue, and a westbound right -turn lane at Victoria Street, all three options being, part of the General Plan. The following Costa ',Mesa residents spoke in opposition to the proposed project: Chris Blank, 3160 Gibraltar Avenue, objected to his neighborhood being intensively used for retail, and suggested more study to determine if recreation uses will work in this location; Tim Cromwell, 2029 Swan Drive, felt that the location is wrong for a Kohl's Department Store, that the shared parking will not work, and suggested alternative areas; Art Gorbaty, 1555 Mesa Verde Drive East, No. 45D, reviewed potential traffic and parking problems; April Gentry, 2210 Pacific Avenue, addressed parking problems, monitoring, of store deliveries, and noise problems, suggesting that the existing Kohl's stores be studied; Cynthia Blackwell, 3363 Larkspur Street, commented on the lack of recreation in the City and the potential traffic and parking problems caused by the proposed project; Pat Duffy, 1551 Amberleaf, opposed the project because of the excessive traffic and noise, and addressed the potential safety issues; Carol Kerr, 2165 Raleigh Avenue, expressed concern over the affect of losing Kona Lanes on young people, and suggested investigating options for other recreational uses; Douglas Labelle, 1643 Beechwood, noted that Kohl's is a good use in the wrong location, the land use is too intense for the site, and proposed a landscaped buffer between the Mesa Verde Center and the Mesa Verde Collection; Martin Millard, 2973 Harbor Boulevard, No. 264, thought that the cumulative effect, the number of stores such as Target Greatland, K -Mart, and Walmart, should be considered, and supported residential for that area, mentioning condominiums; Louise Rusher, 2781 Waxwing Circle, thought that Costa Mesa had enough retail shopping and was concerned about the lack of recreational facilities; Jay Humphrey, 1620 Sandalwood Street, thought that overall the City would not receive increased revenue, and Kohl's would be a "destination store" which will generate traffic; Doug Sutton, 2739 Canary Drive, observed that the use is wrong for this prime Costa Mesa property; a terrible use of space, and urged Council to decide what is best for the community; Arlene Jones, 2995 Ceylon Drive, pointed out that there are now 20 new businesses in the Target Greatland center, noting the worsening traffic even prior to the opening of the new IKEA; Beth Refakes, 320 Magnolia Street, thought that the project should be denied because the shared parking concept is unsuccessful, limiting the number of deliveries is ineffective, and the traffic noise and pollution generated by Kohl's will have a negative impact on the health and quality of life of nearby residents; Paul Flanagan, 3090 Bali Circle, addressed traffic and pollution concerns; Kelly Winn-Boaitey, 1555 Amberleaf, did not believe that the promises made regarding the project would be kept; Karl Ahlf, 157 East 23rd Street, No. A; indicated that the Kona Lanes and Ice Chalet will be missed; Susan Duffy, 1551 Amberleaf; Robin Leffler, 3025 Samoa Place, thought that there was no better location in Costa Mesa for commercial recreation than the Mesa Verde Center; Edward Mazzarella, 1207 Donegal Place, opposed the project because it is not consistent with the General Plan nor compatible or harmonious with the impacted neighborhoods; Lori McDonald, 284 Walnut Street, encouraged the City to plan for the future; the resident at 3075 Molokai Place, stated that the City could do better than another department store; Kevin Kerr, 2165 Raleigh Avenue, thought that the community needs a family place, not a shopping center; and Cindy Brenneman, 1856 Elba Circle, representing herself and Mesa Verde Community Inc., asked that the project be denied, not continued. The following Costa Mesa residents supported the project: Eugenia Imandt, 2706 Ashwood, thought that the Kohl's Department Store could work in the proposed location but complained about current activities at the center; Kevin Orton, 2716 Ashwood, indicated that he will miss Kona Lanes but supported the project 100 percent because it is single use and appropriate for the location; and Mark Les, 1808 Hummingbird Drive, owner of the commercial center directly across the street from the project, representing 45 tenants many of whom are Costa Mesa residents, observed that the project is supported by the neighbors, his commercial tenants, and many of his neighbors, and asked for Council's assistance to revitalize the neighborhood. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, explained that she does not have strong feelings regarding the Kohl's store but would like to see the Kona Lanes and Ice Chalet remain intact. She was concerned about the traffic, and opposed continuing this item to May 5, 2003, suggesting instead the meeting of April 21, 2003. Paul Freeman applauded those who felt that recreational entertainment opportunities for families in Costa Mesa is important but reiterated that those uses have not been successful at this location. He took exception to the comment regarding "buying off the neighbors", explaining that he had worked with the neighbors to find out their concerns, changed the plans to address those concerns, and reported that they now support the project. There being no other speakers, the Mayor closed the public hearing. Mayor Pro Tem Steel thought that the Kohl's Department Store is an improvement over the current usage. He explained that in August, 2002, he was the Ione dissenting vote when the environmental impact report was presented to Council, citing the lack of investigation into recreational issues relating to traffic, etc. He observed that the project is not upscale, distinct, nor unique enough for the Mesa Verde area. Mayor Pro Tem Steel thought that an ice-skating or i roller-skating facility could work in this area, suggesting that Kohl's Department Store or C. J. Segerstrom and Sons revamp the existing building and donate it to the City. He added that he would like to see the building moved closer to Harbor Boulevard, away from the Mesa Verde Collection, and a wider buffer. He suggested that a new or revamped bowling alley could be run by the, City's Recreation Division, as well as the skating rink, and endorsed underground parking and relocation of the loading dock. MOTION/Adopted A motion was made, by Mayor Robinson, seconded by Council Resolution 03-27 Member Monahan, to'reverse the Planning Commission's decision Denying PA -02-06/ by adopting Resolution 03-17, A RESOLUTION OF THE CITY ZA-020-08 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DENYING PLANNING APPLICATION PA -02-06 AND PLANNED SIGNING PROGRAM:ZA-02-08, with the following findings: 1. The information presented does not comply with Costa Mesa Municipal Code Section 13-29(g)(5) because the master plan does not meet the broader goals of the General Plan and the Zoning Code with regard to protection of the integrity of neighboring development. Specifically, the design, size, placement and intensity of use of the commercial building is not compatible with adjacent residential properties and will create cumulative adverse impacts on existing developments in the area including parking, traffic, and noise caused by the proposed development. 2. The proposed development does not comply with Costa Mesa Municipal Code Section 13-29(e) due to the adverse impacts on existing developments in the area including parking, traffic, and noise caused by the design and intensity of the proposed use because: (a) The proposed development is not compatible and harmonious ; with uses that exist in the general neighborhood. (b) The proposed development is not consistent with the General Plan, including, but not limited to, General Plan Objective GM -1A.1, which requires a proportional balance of land uses. Mayor Robinson reiterated her contention that there is a legal basis for denying the project, and again read the relative information from the General Plan, quoted above. She felt that the cumulative effect of this project creates excessive intensity, evidenced by the parking problems across the street which are basis, in and of itself, for denial of the project. She objected to using a national traffic 1 i study, commenting that she drove Mesa Verde Drive East, Harbor Boulevard, and Adams Avenue every day and advised that it takes three to four traffic lights to get through the intersections. Mayor Robinson did not believe that the buffer of trees will protect the residents from delivery truck noise. As an additional legal basis for denial, she quoted the General Plan, "It is the goal of the City of Costa Mesa to reduce traffic congestion and to ensure that adequate transportation facilities are provided", and "Recognizing the constraints of existing physical development conditions, the City shall strive to achieve a balance of land uses whereby residential, commercial, industrial, and public land uses are proportionally balanced." She felt that the City is out of balance and that this particular project, or any project like this in this area, will add to the problem. Council Member Monahan opposed the project because of the compatibility issue, stating that he did not feel comfortable with the "big box" design from the beginning. He expressed concern regarding traffic flow and the safety issues, and directed staff to address his questions from this evening to any future projects. He was not concerned with the delivery truck issue, and hoped that Kohl's will be interested in opening at another location in Costa Mesa. Council Member Cowan opposed the motion, stating that the project met the General Plan and the City's parking standards. She thought that the number of deliveries has been addressed, much has been accomplished to mitigate the noise, and the single owner for the property is a benefit, noting that a number of small businesses would have far more parking issues. She observed that this is, and has been, a commercial center, and suggested that if the community desired other than retail in the center, major rezoning is necessary. Council Member Cowan saw no reason, within the framework of the General Plan, to deny the project. Council Member Mansoor observed that this is not an issue of harmonious and compatible, stating that the proposed Kohl building is nice and the landscaping is beautiful, but traffic is a major concern. He wanted traffic decreased in that area, mentioned his thoughts on "cut through" traffic, and expressed concern that the traffic generated by Kohl's will be greater than the current use if it were fully occupied. He concurred with Mayor Robinson's comments on cumulative effect, and asked the Transportation Services Manager to look into a more local analysis of traffic in lieu of using the national analysis. The motion carried 4-1, Council Member Cowan voting no. RECESS The Mayor declared a recess at 11:40 p.m., and reconvened the meeting at 11:50 p.m. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place 2003-2004 CDBG set for the public hearing to consider 2003-2004 Community Public Service Grant Development Block Grant Public Service Grant Allocations. The Allocations CDBG/HOME Coordinator reviewed the Agenda Report dated April 7, 2003. Judy Berry, 2064 Meadow View Lane, Costa Mesa, understood that a portion of the CDBG funds may be used to fund programs to alleviate homelessness which seems to address persons who are currently homeless rather than adopting preventative measures. She suggested placing the Job Center and the Someone Cares Soup Kitchen in the ,Mesa Verde Center. Mrs. Berry proposed spending more money on senior and youth services and less on the homeless. Martin Millard, 2973, Harbor Boulevard, No. 264, Costa Mesa, thought that funds should be directed to senior citizens rather than the youth of the City: He asked what directors of the charities receive in salaries and benefits, observing that the residents have a right to know where the money is being spent. He objected to giving money to a group that is 100 percent Latino when the City has only a 22 percent Latino population, suggesting that the City be "racially neutral".. Oscar Santoyo, representing Save Our Youth (SOY), reported that his organization welcomes youth of all cultures and backgrounds to assist them with becoming better individuals, and over the past three years, 24 out of 45 senior graduates were accepted into four- year universities. He'stated that the youth members consistently volunteer and participate at public services events, such as the Costa Mesa Neighbors for Neighbors, the Public Safety Expo, and the Lion Club Fish Fry. He introduced three members, Eduardo Rubalcava, Sandra Lopez, and Cynthia Luna, who gave brief presentations on the benefits of belonging to the SOY organization. Tom Sutro, 2956 Pemba Drive, Costa Mesa, representing Youth Employment Services; (YES), observed that the Redevelopment and Residential Rehabilitation (3R) Committee had decided not to fund YES this year. ;He reviewed the goals of this organization, stating that it has been an ongoing project for many years. Bill Turpit, 1772 Kenwood Place, Costa Mesa, member of the Board of Directors of Families Costa Mesa, indicated that because housing and medical costs continue to soar, on any given day in this City there are several thousand residents who need a helping hand. He commended the City activists who identify a problem and then work in partnership with the City, the schools, and other agencies towards resolution. He encouraged Council to accept the 3R Committee recommendations, as well as funding YES. Del Heintz, 1151 Avie;more Terrace, Costa Mesa, president of the Board of Directors ofthe Costa Mesa Senior Center, stated that quality health care and social services ensure that Costa Mesa seniors continue to contribute to the overall quality of life. i Karl Ahlf, 157 East 23rd Street, No. A, Costa Mesa, supported approval of the funding. Karen McGlinn, 1785 Hummingbird Drive, Costa Mesa, Cochairman of Families Costa Mesa, posed the question what is the ratio of the dollar given for administrative costs versus dollars that are directed to the program. She thought that question would be appropriate during the 3R Committee review. There being no other speakers, the Mayor closed the public hearing. MOTION/To Approve A motion was made by Council Member Monahan, seconded by Grants Mayor Robinson, to approve the 2003-2004 CDBG Public Service Grant allocations, with the following additional appropriations: $6,000.00 to Dayle McIntosh, $10,000.00 for the Assistance and Treatment Services Center, and $6,370.00 for YES. Council Member Monahan indicated that the Dayle McIntosh Center assists handicapped persons to exist on their own, and the Assistance and Treatment Services Center works with youths who have issues at home. Mayor Pro Tem Steel supported additional funding for the Costa Mesa Senior Center. He expressed concern that persons being served by YES may not live in the City and that the organization will be yet another "magnet" in Costa Mesa. Tom Sutro responded to Mayor Pro Tem Steel by stating that most of the young people served by YES live in the Costa Mesa area. Council Member Mansoor objected to funding organizations, specifically Women Helping Women, who have had numerous calls for police service, encompassing complaints such as parole violation, disturbance, vandalism, burglary, etc. Council Member Monahan replied that Women Helping Women is located at 711 West 17th Street, Suite 810, the same address on the police report but suite numbers other than 810 are listed. He asked for a more detailed follow-up by the Police Department on the subject report. Council Member Mansoor thought that information regarding incomes should be available to the public, as well as all other information, and was concerned about the 3R Committee scoring system. He asked that the motion be amended to reduce the Homeless funding, Item Nos. 1 through 4, and Low -/Moderate Income funding, Item No. 1, by 50 percent, increasing the senior requests by that amount. The maker of the motion declined the suggested modifications to the motion. Council Member Cowan thanked the 3R Committee, and mentioned the City's obligation under Housing and Urban Development (HUD), as well as the City's guidelines, to provide funding for the homeless. She indicated that the CDBG funding is the only amount that the City gives to homeless programs, agreeing with Council Member Monahan that a better analysis of the police calls is required. Council Member Cowan asked that the $10,000.00 for the Assistance and Treatment Services Center be redirected to Senior Programs Nos. 1, 3, and 5. Council Member Monahan thought that there would be another opportunity to fund seniors when the entire funding of the Senior Center is considered. The Neighborhood Improvement Manager responded to Council Member Cowan by stating that a homeless strategy is required in order to accept CDBG funding. She informed Mayor Pro Tem Steel that a chart has been prepared to indicate what neighboring cities allocate to the homeless. Substitute Motion to A substitute motion was made by Mayor Pro Tem Steel to fully Reallocate Funds fund Senior Item Nos. 3 and 5, for $14,000.00, reducing that Died amount from grants to the homeless. The motion died for lack of a second. SUBSTITUTE A second substitute motion was made by Council Member MOTION/Approved Monahan, seconded by Council Member Cowan, and carried 4-1, Grants Council Member Mansoor voting no, to approve the CDBG Public Service Grant Allocations, and the following appropriations were made: $6,000.00 to Dayle McIntosh; an additional $4,000.00 to Costa Mesa Senior Corporation Preventive Health Program (for a total grant of $15,000.00); an additional $1,000.00 to Costa Mesa Senior Corporation Social Services Program (for a total grant of $6,000.00); $5,000.00 to the Assistance and Treatment Services Center; and $6,370.00 to YES, directing that the remainder of the Costa Mesa Senior Corporation Social Services Program be considered on a future agenda. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place CDBG/HOME Funding set for the public hearing to consider Fiscal Year 2003-2004 Priorities funding priorities for Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME). Recommended allocation for the Fiscal Year 2003-2004 CDBG application, and reallocation of prior year's funds and program income. Recommended allocation for the Fiscal Year 2003-2004 HOME Investment Partnership Grant. Budget Adjustment. No. 03-100, for $167,948.95, to reallocate prior year's CDBG, funds to the Whittier Street Improvement Project for Fiscal Year 2002-2003. Resolution authorizing the City Manager to act as the official representative of the City in order to submit the Annual Action Plan and all certifications and assurances contained therein, and directing and authorizing the City Manager to act in connection with the submission of the Annual Action Plan, and to provide such additional information as may be required. The Neighborhood Improvement Manager summarized the Agenda Report dated April 7, 2003, and responded to questions from Council. Council Member Mansoor wanted to ensure that the Hamilton Street storm drain is addressed prior to repaving the street. The City Manager proposed that design of the rehabilitation work on Hamilton Street be trailed until specific information is obtained on the storm drain system so it may incorporated in the project. There being no speakers, the Mayor closed the public hearing. Motion To Approve A motion was made; by Council Member Cowan, seconded by Allocations Mayor Pro Tem Steel, to approve the four recommended actions, directing that "new project requests be spread out and reduced by $22,371.00." SUBSTITUTE A substitute motion ;was made by Council Member Mansoor, MOTION/Approved seconded by Council Member Monahan, and carried 5-0, to Allocations approve the CDBG application and reallocation of prior year's funds and program income; to approve the 2003-2004 HOME Investment Partnership Grant; to approve Budget Adjustment No. 03-100 for $167,948.95; and to adopt Resolution 03-18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA; AUTHORIZING THE CITY MANAGER TO ACT AS THE OFFICIAL REPRESENTATIVE OF THE CITY IN ORDER TO SUBMIT THE ANNUAL ACTION PLAN AND ALL CERTIFICATIONS AND ASSURANCES CONTAINED THEREIN, AND DIRECTING AND AUTHORIZING THE CITY MANAGER TO ACT IN CONNECTION WITH THE SUBMISSION OF THE ANNUAL' -ACTION PLAN, AND TO PROVIDE SUCH ADDITIONAL INFORMATION AS MAY BE REQUIRED; directing staff to review the issue of drainage on Hamilton Street, and to agendize for a future study session a review of how CDBG funding applications are scored, a review of the Consolidated Plan and the Action Plan, and the Police Department was requested to provide a report which is more specific regarding incidents and crimes that occur at some of the locations 'of organizations which request public funds. 1 1 1 NEW BUSINESS The Deputy City Clerk presented the discussion and direction on Process for Filling the process for filling the unexpired term of Mayor Karen Robinson. Mayoral Term The City Manager summarized the Agenda Report dated April 4, 2003, and presented a PowerPoint presentation on the Council options. He assured Mayor Pro Tem Steel that letters of interest could be placed on the City's website. Council Member Cowan asked if there was an option to consider the first runner up from the recent election, mentioning that their information is recently verified, the electorate expressed their opinion, and the candidate had participated in the electoral process. The City Manager agreed that this is certainly a viable option. Council Member Monahan supported letters of interest to be received within a seven-day period, and commented that the problem with a special election is the time between now and November with a four -person Council. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, reviewed the process used in the 1991 appointment of Joe Erickson to fill an unexpired term, and advised Council to be flexible in their decision. Beth Refakes, 320 Magnolia Street, Costa Mesa, thought that conducting a special election was the most democratic process, with the downside being the time to fill the seat and the cost. She agreed with Council Member Cowan about appointing the candidate who received the next highest number of votes in the recent general election, and suggested that if interviews are conducted, the public should be allowed to attend. Phil Morello, Post Office Box 10487, Costa Mesa, asked, and received, confirmation that Joe Erickson had run for City Council during an election after his appointment. Karl Ahlf, 157 East 23rd Street, No. A, Costa Mesa, thought that he would be a good candidate for City Council. MOTION/Approved A motion was made by Council Member Monahan, seconded by Appointment Option Council Member Mansoor, to approve Appointment Option "B": a B formal solicitation of candidates, within the timeframe of one week (April 8, 2003—April 16, 2003), the letters of interest will be posted on the City's website for public review, Council consideration of the applications will occur at the April 21, 2003, Council meeting, staff to verify registration and residency, and the candidate to be selected by nomination, a second, and three affirmative votes of the Council. Council Member Mansoor favored either Option B or Option C. Council Member Cowan opposed the appointment process, stating that it would be differ ent=if .they were further into an election cycle. She believed that t,iis-is-a.^=.opportunity to take the path which is the clearest, least filled with potholes and obstacles, to fill vacancy, reiterating her belief -that -the first runner-up should be appointed. Mayor Robinson agreed with the comments made by Council Member Cowan, stating that the public had spoken just five months ago in an election regarding who they thought should serve the City. Substitute Motion to A substitute motion was made by Mayor Robinson, seconded by Appoint Council Member Cowan, directing that the Council's select a replacement Council Member by appointing the next highest vote getter from the 2002 General Election, or if that person declines, appoint the next person after that, and so on. The substitute motion failed to carryi3-2, Mayor Pro Tem Steel, Council Member Monahan, and Council Member Mansoor voting no. Mayor Pro Tem Steel opposed the substitute motion, supporting the original motion to approve Option B, and thought that residents should have the opportunity to apply. The original motion 'carried 3-2, Mayor Robinson and Council Member Cowan voting no. NEW BUSINESS The Deputy City Clerk presented General Plan Amendment Screening Request Screening Request GPS -03-01 for the 10,020 square foot parcel at GPS -03-01 1676 Tustin Avenue. MOTION/Accepted A motion was made by Mayor Pro Tem Steel, seconded by Council for Processing Member Cowan, and' carried 5-0, GPS -03-01 was accepted for processing, directing staff to evaluate both low density and medium density residential. COUNCIL Council Member Mansoor reported that he had visited the family of COMMENTS Costa Mesa resident Jose Garibay who gave his life in the war in Garibay Family Iraq, and expressed his appreciation of that sacrifice for our freedom. He congratulated Mayor Robinson on her appointment as a supreme court; judge. Council Member Cowan, Council Member Monahan, and Mayor Pro Tem Steel also congratulated the Mayor on her appointment. TeWinkle School Mayor Pro Tem Steef indicated that he has also spoken with the Joint Use Agreement Garibay family, calling Jose a hero. He reported on conversation with citizens regarding the joint use agreement with the Newport Mesa Unified School District and the TeWinkle School athletic field use, and has asked the City Manager to place this matter on the Council agenda for April 21, 2003. i Mayoral Thanks Mayor Robinson expressed her pleasure at having had the opportunity to serve: on Council and encouraged residents to become involved. She thanked Council for their confidence in her, and thanked City staff and her friends -for their support. ADJOURNMENT The Mayor declared the meeting adjourned at 1:35 a.m. r Mayor of the C6 of Costa Mesa ATTEST: Deputy PrtkCferk of -, f the City of Costa Mesa 1