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HomeMy WebLinkAbout04/21/2003 - City Council1 1 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 21, 2003 The City Council of the City of Costa Mesa, California, met in regular session April 21, 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 Pro Tem, followed by the Pledge of Allegiance to the Flag led by Council Member Cowan, followed by a moment of silence. ROLL CALL Council Members Present: Council Members Absent: Officials Present: Mayor Pro Tem Chris Steel, Council Member Libby Cowan Council Member Gary Monahan Council Member Allan Mansoor None City Manager Allan Roeder Acting City Attorney Tom Wood Assistant Development Services Director Perry Valantine Public Services Director William Morris Associate Planner Mel Lee Deputy City Clerk Julie Folcik MINUTES On motion by Council Member Monahan seconded by Council April 7, 2003 Member Cowan, and carried 4-0, the minutes of the regular meeting of April 7, 2003, were approved. ORDINANCES AND A motion was made by Council Member Cowan, seconded by RESOLUTIONS Mayor Pro Tem Steel, and carried 4-0, to read all ordinances and resolutions by title only. PRESENTATIONS The City Manager introduced Anita Lawrence, President-elect of Finance Department the California Society of Municipal Finance Officers (CSMFO), who presented the Distinguished Budget Presentation Award from the Government Finance Officers Association of the United States and Canada (GFOA), the Award for Excellence in Operational Budgeting and the Award for Excellence in Public Communications (total of three, two Excellence and one Meritorious in this category) from the California Society of Municipal Finance Officers, to Director of Finance Marc Puckett; Budget and Research Officer Agnes Walker; Budget Analyst Betty Watari; Accounting Specialist II Sheri Sanders; and Buyer Debbie Dobrott. ANNOUNCEMENT Council Member Monahan announced that due to the length of the agenda that he would like to continue a few items. Public Hearing No. 3 There being no objection, a motion was made by Council Member Proposed Zoning Monahan, seconded by Council Member Cowan, to continue Overlay for Residential Public Hearing No. 3, a proposed zoning overlay for residential Tract 1154 Tract 1154, which is generally bounded by East 19th Street on the north, Irvine Avenue on the east, East 18th Street on the south, and Tustin Avenue on the west, to the Council Study Session of July 14, 2003. The Affidavit of Publication is on file in the City Clerk's office. Communications were received from the following Costa Mesa residents: Barbara Beck, 443 Flower Street, extending an invitation to Council Member Monahan to visit the neighborhood before making a decision; Steven R. Sloan, 462 Flower Street, expressing his reason for opposition to the overlay zone; Thomas and Judith Gielow, 469 East 18th Street, stating construction should only be allowed on a "case by case" basis. There were an additional 76 letters in support of the proposed overlay zone, and 114 opposed that were submitted to the Planning Commission, and forwarded to Council. Council Member Monahan stated that the proposed zoning overlay for Residential Tract 1154 is intricately combined with the residential design guidelines, and felt concerns would be better discussed at a Council Study Session. MOTION/Continued The amended motion for Public Hearing No. 3, a proposed zoning Public Hearing No. 3 overlay for residential Tract 1154, which is generally bounded by Proposed Zoning East 19th Street on the north, Irvine Avenue on the east, East 18 Overlay for Residential Street on the south,- and Tustin Avenue on the west, to be Tract 1154 continued to the Council Study Session of July 14, 2003, and staff was directed that all applications that would be affected by the overlay zone be forwarded to the Planning Commission by the Zoning Administrator for review, carried 4-0. MOTION/Continued There being no objection, a motion was made by Council Member Public Hearing No. 4 Monahan, seconded by Council Member Cowan, and carried 4-0, Residential Design to continue Public Hearing No. 4, amendment to the Residential Guidelines Design Guidelines to include view preservation guidelines and procedures to the Council Study Session of July 14, 2003, and staff was directed to review and forward all applications, within the view preservation areas, to the Planning Commission. The Affidavit of Publication is on file in the City Clerk's Office. Communications were received in support of the view preservation guidelines from the following Costa Mesa residents: Nancy Dunton, 1136 Gleneagles Terrace; Kacey Jensen, 1164 Gleneagles Terrace; Olive Maxwell, 1144 Gleneagles Terrace; Christine O'Connor, 1128 Gleneagles Terrace; Jerry Vanus, 1093 Glen Circle; Ermine Bappa (no street address given); Delzie Oversen, 1125 Gleneagles Terrace; James and Ann Misel, 1137 Gleneagles Terrace; Alan and Gail Hall, 1147 Gleneagles Terrace; Geraldine Colson, 1143 Gleneagles Terrace; Pauline Weaver, 2066 Valley Road; Melissa Handova, 2052 Valley Road; and Paula Litten, 1161 Gleneagles Terrace. Communications were received in opposition to the view preservation guidelines from the following Costa Mesa residents: Robert Reeder, owner of properties at 1127 and 1131 Aviemore Terrace, expressed many points as to why he is opposed, which included photographs; Jeffrey Childs, 1139 Aviemore Terrace; Steven and Carey Van Wagoner 1009 Grove Place; John and Debbie Clark, 1167 Aviemore Terrace; Dan Hakala, 1159 Aviemore Terrace; and Judith Dolan, 923 West 20th Street. MOTION/Continued There being no objection, a motion was made by Council Member New Business No. 1 Monahan, seconded by Council Member Cowan, and carried 4-0, Review of California/ to continue New Business No. 1, review of California/TeWinkle TeWinkle Schools Schools Athletic Field Use, to the next available Council Study Athletic Field Use Session after the Parks Commission has made their recommendations to . Council, and to include invitations and notifications to anyone on the City's mailing list, all individuals who have sent correspondence, the neighborhood, including the AYSO 1 1 r Officers and Representatives; National Little League Officers and Representatives, Parks Commission Members, and School Board Members. Communications were received from Gary Anderson, 2821 Europa Drive, Costa Mesa, who encouraged Council to come to a Costa Mesa National Little League game at TeWinkle School; Clinton Brown, 2956 Mindanao Drive, Costa Mesa, stating the problems have been blown out of proportion; and Jeanne Smith, 1643 Iowa Street, No. A, Costa Mesa, who stated the fields are overused. Council Member Mansoor agreed that the Parks Commission should handle this issue before Council takes any action. MOTION/Moved Old On motion by Council Member Monahan, seconded by Council Business No. 1 Member Cowan, and carried 4-0, Old Business No. 1, declaring Vacancy for the vacancy for the position of Council Member of the City of Costa Position of Council Mesa, and the filling of the un -expired term through December Member 2004, is to be heard immediately following the Consent Calendar. PUBLIC COMMENTS Mark Mcllroy, 2039 Republic Avenue, Costa Mesa, stated that he View Preservation came before Council four (4) years earlier and asked that the tree blockage in Canyon Park be looked into, he was later advised that it would be at his expense if a tree was to be removed (which would have to be replaced with three trees), or a tree was to be pruned. He did not understand how the proposed view ordinance could be considered for the neighbors living on Gleneagles Terrace, expressing this a "double standard" being applied to different areas of the City. He explained that he has suffered a blockage of his view by large city trees and recommended that the Council review the proposed ordinance and include view obstruction by trees. Alfred Kirsch, 2019 Republic Avenue, Costa Mesa, agreed with Mr. Mcllroy's comments regarding the blockage of the view by city trees, as his view was also obstructed by the trees growing in Canyon Park, and commented that he would have to add a second story to be able to regain his view. He supported the property rights of the owner for second story development in accordance with the building codes and commented that enforcement of the 40 percent setback should not negatively impact adjacent neighbors. Pacific Savings Plaza Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Building Mesa, regarding the Pacific Savings Plaza building at 19th Street and Newport Boulevard, stated that she was curious as to the constant change in signs at the location, questioning if it is indeed occupied. She thanked Dane Bora for televising Bob Graham's Tour of Fairview Park tour of Fairview Park and thanked Mr. Graham for being so thorough in his tour of the park. Ms. Hogan-Shereshevsky Fireworks expressed her dislike of the sale of fireworks in the City, stating they are dangerous, and encouraged the non-profit organizations Mobile Home to find an alternative method of raising money. Irene Shannon, 1640 Newport Blvd., No. 17, Costa Mesa, asked Conversion Ordinance that Council consider a Mobile Home Conversion ordinance, to protect the two trailer parks located next to each other on Newport Boulevard. She stated the owners of the property want to sell and develop the land, although these trailer parks have existed since prior to Costa Mesa's incorporation. Paularino Park Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, showed photographs of Paularino Park, and reported two incidents involving people playing soccer at the park. Mr. Millard reported that there is a tot lot at Paularino Park, but not a sports field. He requested that the signage at the park be changed to include Section 12-45(a) of the Municipal Code, which prohibits soccer or similar activity in the park. Westside Redevelop- Janice Davidson, 1982 Arnold Avenue, Costa Mesa, commented ment on the accuracy of the minutes of the Community Redevelopment Action Committee (C.R.A.C.) expressing that there is a group of Westside residents who would like to continue with the discussion of redevelopment, even though they have not been happy with how things have progressed so far. Ms Davison confirmed for Council Member Monahan that she would like to see the Community Redevelopment Action Committee (C.R.A.C.) continue, without a facilitator. C.R.A.C. Don Elmore, 2209 Wallace Avenue, Costa Mesa, agreed with Ms. Davidson that the Community Redevelopment Action Committee (C.R.A.C.) should continue after the consultant contract expires. Mr. Elmore complained about projects in the City that are approved Parking Problems with parking deviations, which then cause parking problems. He requested the Transportation Department come to his neighborhood in the evening, or on the weekend, to confirm how parking impacted it is and to witness the number of cars that are parked on the residential streets that do not belong there. 19th Street Brent Jones, 1010 West 19th Street, Costa Mesa, advised that he lives on the corner of 19th Street and Whittier Avenue and was concerned about: a: threat of eminent domain if a 19th Street bridge is considered, his neighborhood had been rezoned as part of the transition zone, and of the proposed view preservation ordinance. He expressed that he does not feel comfortable with making improvements to his home until the issues are resolved. Graffiti Hildegard Gonzalez, 1932 Pomona Avenue, No. A, Costa Mesa, brought to the attention of Council the graffiti problem in the alley leading from Pomona Avenue, to the Department of Motor Vehicles. She advised that there have been problems in the past, then police installed a'camera, but it has since been removed. Childs' Comments Jeff Childs, 1139 Aviemore Terrace, Costa Mesa, paraphrased a quote from former President Ronald Reagan, expressing that "you" should not ask the government to do too much, or to Ismicromanage". He addressed the view ordinance and reminisced about the "old Costa Mesa." View Preservation Steven Van Wagoner, 1009 Grove Place, Costa Mesa, supported preserving homeowner's rights, and their views. He read a letter that expressed opposition to design limitations being imposed on the properties in the view preservation areas, and gave reason for his opposition to the inclusion of the Freedom Homes in the proposed view preservation area. Redevelopment Dick Schubert, no street address given, supported Mr. Van Wagoner's comments, stating that he expects to "blow" about $200,000.00 into the City's Redevelopment Agency, and expressed his exasperation and confusion as to what the City wants. View Preservation David Mahon, no street address given, commented that the overgrown trees in Canyon Park have blocked his family's ocean view for many years, and when the trees were trimmed, they still covered the horizon. He supported the homeowners' rights to remodel their homes and took issue with the City wanting to preserve the view for some neighborhoods, but not for all. New Police Chief Beth Refakes, 320 Magnolia Street, Costa Mesa, inquired as to the status on the search for the new Police Chief. The City Manager responded that background checks were currently being conducted Agenda Preparation on the top candidates. Ms. Refakes expressed confusion to the order of the items on the agenda as she felt that there were items Redevelopment/ towards the end of the agenda that would be of the most interest to Planning Commission the public. She also felt that the Redevelopment Agency Meetings meetings, and the Planning Commission meetings should not be held at the same time, allowing residents who have an interest in attending both meetings, to be able to do so. View Preservation Dennis Lyerla, 2031 National Avenue, Costa Mesa, stated his home is one of the properties that would be affected by a view preservation ordinance, expressing his disappointment that this would affect a few residents, but not the Freedom Homes subdivision. Mr. Lyerla advised that Council should take into consideration the individual property rights of its residents, as this will adversely affect the property value of each homeowner and suggested that the city let those constituents with view issues take up the matter in the appropriate courts. Paula Litten, 1161 Gleneagles Terrace, Costa Mesa, spoke regarding the view preservation ordinance, stating that she understood why individuals from the Freedom Homes, and Canyon Park neighborhoods were complaining because they were never intended as view lots. Ms. Litten supported the residents living in the Marina Highland tract's need for a view preservation ordinance. Rory Hughes, 2014 Republic Avenue, Costa Mesa, commented he did not believe a view restriction should be incorporated with the Freedom Home tract, that the Parks Commission, over the past 15 years, has eliminated his, as well as, his neighbors' view. He expressed that the only way he would be able to enjoy a view would be to add on a second story, and would not like that option taken away from him. Gail Hall, 1147 Gleneagles Terrace, Costa Mesa, supported view preservation. She commented that her property is extremely valuable due to the view, which was reason to preserve it. Virginia Colwell, 1111 Aviemore Terrace, Costa Mesa, commented she has spent over $200,000.00 improving her home, but felt that with the building restrictions of the view preservation she would not be able to get the value out of her home when she sells it. Debbie Clark, 1167 Aviemore Terrace, Costa Mesa, stated that before purchasing her two bedroom home she inquired and was told that a second story addition could be added. Ms. Clark recounted that several of her neighbors became disgruntled when they heard of the possibility of her adding a second story and proceeded to misrepresent the situation. After a positive response from City Planners sent to her home to investigate, two public hearings held by the Planning Commission, and an appeal to the Council, her project was then denied due to incompatibility in the neighborhood. Mike Berry, 2064 Meadow View Lane, Costa Mesa, advised that a number of the homes in the area discussed are unable to have second story additions according to the State of California Department of Corporations, as a ten -foot high sheer wail was required to be built to prevent the top of the terraced area from falling down, and stated that the homes were meant to be one- story because they were built on terraced property. Christine O'Connor, 1128 Gleneagles Terrace, Costa Mesa, President of the Marina Highlands Homeowners Association, thanked Council for bringing the view preservation issue forward for discussion and advised that home additions that are incompatible with the neighborhoods cause "massive disruption". Marc Loehren, 2001 Republic Avenue, Costa Mesa, encouraged Council to take the time needed to understand the view preservation issue before making a decision. Speed Limit Samantha Strodel, 1090 EI Camino Drive, Costa Mesa, advised of a serious problem with motorists speeding on EI Camino Drive causing a ,dangeroussituation for pedestrians and suggested that the speed limit should'be lowered to 15 m.p.h. View Preservation Robert Reeder, property owner at 1127 and 1131 Aviemore Terrace, Costa Mesa, expressed that 14 years ago the homeowners on Gleneagles Terrace said that the two-story home at 1163 Aviemore Terrace would block their ocean view. He stated that the neighbors no longer share that opinion because the addition was constructed specifically to minimize its view impact on the surrounding homes above Aviemore Terrace by building down below the existing lot level, and showed photographs of the home. Jeff Evans, property', owner at 999 Grove Place, Costa Mesa, stated his opposition to placing restrictions on properties that do not have any CC&R's, and would like Council to consider excluding the Freedom Home tract from the view preservation ordinance. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR No. 7, License Agreement with Signs of Support, Inc., to install advertising signs on designated non -emergency vehicles owned by the City. MOTION/Approved On motion by Council Member Monahan, seconded by Council Except Item No. 7 Member Cowan, and carried 4-0, the remaining Consent Calendar items were approved as recommended. READING FOLDER The following reading folder items were received and processed: Claims Claims received by the Deputy City Clerk: Jessica Rae Andrews; Debbie Goldstein; Delaine Carlson; and Earl Wayne Willis. Alcoholic Beverage Request for Alcoholic. Beverage Control (ABC) License for Mesa Licenses Village Liquor and Market, 1011 EI Camino Drive, a person-to- person , transfer of an existing Type 21 ABC License (off -sale general). Request for Alcoholic Beverage Control (ABC) License for Central Market, 1031 EI Camino Drive, a person-to-person transfer of an existing Type 20 ABC License (off -sale beer and wine). 1 i 1-9 WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1948, funding City operating expenses for 1948 $1,065,137.09. 1 Adopted Resolution Resolution 03-24 was adopted: A RESOLUTION OF THE CITY 03-24/Recycling COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING SUBMITTAL OF A FUNDING REQUEST FORM TO THE DEPARTMENT OF CONSERVATION'S DIVISION OF RECYCLING. Adopted Resolution Resolution 03-25 was adopted: A RESOLUTION OF THE CITY 03-25/Right-of-Way COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Projects AUTHORIZING THE DIRECTOR OF PUBLIC SERVICES TO CERTIFY RIGHT-OF-WAY PROJECTS RECEIVING FEDERAL FUNDING. Accepted Work for Downtown Recreation Center, Project 99-16 by Old Hickory Construction, Inc. Approved Amendment to CCTV Expansion Project No. 01-09 with Pouk & Steinle, Inc. Awarded Rehabilitation of Whittier Avenue Project 03-03 to All American Asphalt Construction of the Downtown Recreation Center, Project No. 99- 16, was completed to the satisfaction of the Public Services Director on March 25, 2002, by Old Hickory Construction, Inc., Post Office Box 1508, Rancho Cucamonga. The work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; the Labor and Material bond was released, and the Performance Bond and retention monies were exonerated in accordance with the terms of the settlement agreement. An amendment was approved to the current agreement for the CCTV Expansion Project, Project No. 01-09, with Pouk & Steinle, Inc., dba F.J. Johnson, 2520 Rubidoux Blvd., Riverside, and the Mayor Pro Tem and Deputy City Clerk were authorized to sign on behalf of the City. Bids for Rehabilitation of Whittier Avem Street), Project 03-03, are on file in the contract was awarded to All America 2229, Corona, for $676,652.15 (base items), and the Mayor Pro Tem and authorized to sign on behalf of the City. e (from 17th Street to 19th City Clerk's Office. The Asphalt, Post Office Box bid plus all additive bid Deputy City Clerk were Accepted Street Street improvements at 657 Victoria Street were completed to the Improvements at 657 satisfaction of the Public Services Director by R. Herrera, 2569 Victoria Street Robinhood Place, Orange, in connection with Encroachment Approved Warrant Warrant Resolution 1949, funding Payroll 308 for $1,984,774.11, 1949/Payroll 308 and Payroll 307A for $2,783.56, and City operating expenses for Payroll 307A $1,089,805.87, including payroll deductions. ADMINISTRATIVE Resolution 03-22 was adopted: A RESOLUTION OF THE CITY ACTIONS/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 03-22 AUTHORIZING RECORDS DESTRUCTION FOR THE POLICE Police Records DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO Destruction ORDINANCE NO. 75-60. Adopted Resolution Resolution 03-23 was adopted: A RESOLUTION OF THE CITY 03-23/Joann Street COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Bike Trail AUTHORIZING APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITY (TEA) PROGRAM UNDER THE 1998 TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY FOR THE JOANN STREET BIKE TRAIL. 1 Adopted Resolution Resolution 03-24 was adopted: A RESOLUTION OF THE CITY 03-24/Recycling COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING SUBMITTAL OF A FUNDING REQUEST FORM TO THE DEPARTMENT OF CONSERVATION'S DIVISION OF RECYCLING. Adopted Resolution Resolution 03-25 was adopted: A RESOLUTION OF THE CITY 03-25/Right-of-Way COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Projects AUTHORIZING THE DIRECTOR OF PUBLIC SERVICES TO CERTIFY RIGHT-OF-WAY PROJECTS RECEIVING FEDERAL FUNDING. Accepted Work for Downtown Recreation Center, Project 99-16 by Old Hickory Construction, Inc. Approved Amendment to CCTV Expansion Project No. 01-09 with Pouk & Steinle, Inc. Awarded Rehabilitation of Whittier Avenue Project 03-03 to All American Asphalt Construction of the Downtown Recreation Center, Project No. 99- 16, was completed to the satisfaction of the Public Services Director on March 25, 2002, by Old Hickory Construction, Inc., Post Office Box 1508, Rancho Cucamonga. The work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; the Labor and Material bond was released, and the Performance Bond and retention monies were exonerated in accordance with the terms of the settlement agreement. An amendment was approved to the current agreement for the CCTV Expansion Project, Project No. 01-09, with Pouk & Steinle, Inc., dba F.J. Johnson, 2520 Rubidoux Blvd., Riverside, and the Mayor Pro Tem and Deputy City Clerk were authorized to sign on behalf of the City. Bids for Rehabilitation of Whittier Avem Street), Project 03-03, are on file in the contract was awarded to All America 2229, Corona, for $676,652.15 (base items), and the Mayor Pro Tem and authorized to sign on behalf of the City. e (from 17th Street to 19th City Clerk's Office. The Asphalt, Post Office Box bid plus all additive bid Deputy City Clerk were Accepted Street Street improvements at 657 Victoria Street were completed to the Improvements at 657 satisfaction of the Public Services Director by R. Herrera, 2569 Victoria Street Robinhood Place, Orange, in connection with Encroachment - ISO Permit No. PS02-000571 and PS03-00026. The work was accepted, and refund of the cash deposit of $6,810.00 was approved. License Agreement Item No. 7 on the Consent Calendar was presented: License Signs of Support, Inc. agreement with Signs of Support, Inc. (SOS, Inc.), 5421 Campus Drive, PMB 369, Irvine, to install advertising signs on designated non -emergency vehicles owned by the City. Council Member Mansoor reported that the money the City is paid for advertising has been given to the arts program, but a lot of the money is unspent, stating there are other programs in the City that could benefit from the money that is received. MOTION/Approved On motion by Council Member Mansoor, seconded by Council License Agreement Member Monahan, and carried 3-1, Council Member Cowan voting with Signs of Support no, the license agreement with Signs of Support, Inc., was approved; the Mayor Pro Tem and Deputy City Clerk were authorized to sign on- behalf of the City; that the existing balance remain in the Arts Committee and staff was directed that future monies be placed into the City's general fund with its use be at the discretion of the City Council as each request is made. Council Member Cowan opposed the motion commenting that the Cultural Arts Committee has struggled to get its feet on the ground, but is making great progress and have some wonderful ideas. She added that the balance that is currently in the account should remain there, and confirmed if it is expected to maintain a profit of about $19,000.00 per year from this program. OLD BUSINESS The Deputy City Clerk announced a vacancy for the position of Vacancy for Position of Council Member of the City of Costa Mesa, and filling of the un - Council Member expired term through December 2004. Communications were received in support of Katrina Foley from the following Costa Mesa residents: Les Hanson, 995 Cheyenne Street; Eleanor Klein, (no street address given); Jeremiah Anglum, 1975 Parsons Street, No. 11; Kimberly Esslinger (via email); Eleanor Trigher, 1786 Kinglet Court; Paula Litten, 1161 Gleneagles Terrace; Linda and Jerry Murray, 1133 Gleneagles Terrace; Teresa Webster, (no street address given); Nancy Dunton, (no.street address given); Christine O'Connor, Marina Highlands Homeowners Association, 1128 Gleneagles Terrace; Steven Dewan, 439 Broadway; Sherry Sutton, 2739 Canary Drive; Marianne Dick, 330 West Bay Street; Nadine Andreen, 2769 Cibola Avenue; Gay Geiser Sandoval, 3408 Geranium Street; James and Ann Misel, 1137 Gleneagles Terrace; and Wendy Birnbaum, 17671 Irvine Blvd., No. 106, Tustin. Communications were received in support of Heather Somers from Olive M. Maxwell, 1144 Gleneagles Terrace, Costa Mesa; and Agnes Dubberly, 110 The Masters Circle, Costa Mesa, who also supported Linda Dixon. Communications were received in support of Linda Dixon from Jack and Carol Morrison (via email), and Mr. and Mrs. Lee Moritz, 335 Bowling Green Drive, Costa Mesa. Additional communications were received from Don Elmore, 2209 Wallace Avenue, Costa Mesa, supporting a special election; Rachel Perez -Hamilton, 266 Brentwood Street, Costa Mesa, asking Council to chose the person who had the "best interest of Costa Mesa at heart"; and Barbara Marcks, Post Office Box 10704, Costa Mesa, in support of Mike Scheafer and Walter Davenport. The City Manager reviewed the Agenda Report dated April 18, 2003, and responded to questions from Council. The Deputy City Clerk announced the list of qualified applicants who have applied to fill the un -expired term of Council Member through December, 2004 in alphabetical order: Karl Ahlf, Eric R. Bever, Terri Breer, Mirna Burciaga, Mike D. Clifford, Julia Cross, Walter Davenport, Dennis DeMaio, Linda Dixon, James Fisler, Katrina Foley, Bruce Garlich, Tamar Goldmann, Jennifer Kuo, Wendy Leece, Robert Love, Matthew Makin, Frank Michelena, Ralph Morgan, Jr., William Patton, Jr., William Perkins, Art Perry, Mike Scheafer, Heather Somers, William Turpit, and Larry Weichman. Frank Michelena, 2865 Serang Place, Costa Mesa, referred to the Daily Pilot article which discussed partisan politics in the involvement of the council appointment, and he stated it should not be a matter of party affiliation but rather the best person for the job. Eric Bever, 1046 Westward Way, Costa Mesa, mentioned his qualifications for filling the Council term, and thanked Council for their consideration. . Michael Szkaradek, 1555 Mesa Verde Drive East, Costa Mesa, commented on the election contest he had originally filed in the year 2000 and of his appeal currently pending, and expressed his belief that Heather Somers should be appointed as she was the runner-up in the 2000 election. A point of privilege was called by Mayor Pro Tem Steel to address the comments made by Mr. Szkaradek. MOTION/To Deny A motion was made by Council Member Cowan to deny Mayor Pro Point of Privilege Died Tem Steel's point of privilege, died for lack of a second. for Lack of a Second Mayor Pro Tem Steel responded to Mr. Szkaradek's comments regarding the contest of the 2000 election stating that he was not found in violation of the Elections Code neither in Civil Court nor in the Criminal Court and stated that after Mr. Szkaradek has exhausted his appeals, a statement explaining the chain of events will be made to the press. Joe Douley, no street address given, recommended that the individual from the previous election who received the next highest amount of votes should be appointed to the Council, as that was an indication as to the desire of the voters of the City. Sherry Sutton, 2739 Canary Drive, Costa Mesa, expressed her vote of confidence for Katrina Foley for the vacant City Council seat, stating Ms. Foley's experience "to do the job," that she does not have a "hidden agenda" or support a "special interest", her capability to keep an open mind to listen to all sides of an issue, and then formulate an opinion based on that input and that in her role as Planning Commission Chairperson during the Home Ranch Project hearings she was instrumental in building appropriate politically non-partisan consensus amongst the Planning Commissioners, Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Mesa, commented that she was dismayed by the article in the. Daily Pilot, stating that City politics are meant to be non-partisan. Doug Sutton, 2739 Canary Drive, Costa Mesa, agreed with Council Member Cowan that with the latest election held five months ago, the next highest vote getter should serve the remaining term. He further commented that he saw three major concerns for the City: to oversee and prioritize the budget for the City, that the children in ---65 Am# the school district are being served, and finally "franchising the community" to participate in "framing" the City's future. Terri Breer, 956 Magellan Street, Costa Mesa, expressed reasons she should be appointed to the Council, stating she has "vision", and "passion" to achieve her vision. Ms. Breer advised she is a business owner who understands assets, liabilities, balance sheets, financial statements, and that her skills as a mediator, problem solver, and a "team player', made her a good choice. Christine O'Connor, 1;128 Gleneagles Terrace, Costa Mesa, urged the Council Members to rise above party politics, and encouraged Council to appoint an 'individual who cares about the City of Costa Mesa. Karin Ahlf, 157 East 23rd Street, No. A, Cost Mesa, extended her gratitude to Council for the graciousness shown to her son Karl Ahlf, who is a candidate. Ms. Ahlf agreed that the voters had chosen the new Council Member, and supported Linda Dixon for appointment. Jesi Pearce, 2701 Lorenzo Avenue, Costa Mesa, expressed her support for Katrina Foley. Beth Refakes, 320 Magnolia Street, Costa Mesa, thought that the residents and voters should have input into who is chosen as the next Council Member; and suggested the highest vote getter from the last election should be the one. Ms. Refakes also disagreed with the Daily Pilot article regarding partisan politics, stating it has no place in City Government. Mike Decker, 1096 Corona Lane, Costa Mesa, encouraged the Council to vote for the candidate who would best serve the needs of the current Council and expressed his support of Ms. Terri Breer. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, encouraged Council to choose a candidate who has not yet served on Council. Jim Kerins, 3075 Molokai Place, Costa Mesa, commented that "long-term visioning and strategic planning" is needed for the community of Costa Mesa, and expressed his support for Katrina Foley. Ralph Morgan, Jr., 250 East 15th Street, Costa Mesa, commented that he had fully recovered from his illness, and was proud to be a candidate for the Council seat. Paul Flanagan, 3090 Bali Circle, Costa Mesa, thought Council was competent to choose the next Council Member, and supported Mirna Burciaga. William Patton, Jr., 2855 Pinecreek Drive, No. D227, Costa Mesa, expressed his appreciation for the opportunity to apply for the vacant council seat, and expressed the love he has for the City. Heather Somers, 313 Robin Hood Lane, Costa Mesa, commented that each of the candidates are highly qualified, with their own unique strengths that would bring positive benefits and experience to the Council, and supported the electorate's decision as to who should fill the vacant seat, advising that she received only 32 votes less than Karen Robinson in the 2000 election. 1 r -1 MOTION/ To appoint A motion was made by Council Member Cowan to appoint Linda Linda Dixon Died for Dixon, who was the runner-up in the 2002 election, as the Council Lack of a Second Member to fill the un -expired vacancy. The motion died for lack of a second. MOTION/Approved On motion by Council Member Cowan, seconded by Council Option No. 2 Member Monahan, and carried 4-0, Option No. 2 was chosen as the process to be followed in filling the un -expired term of Council Member: the Deputy City Clerk to read the names of the applicants in alphabetical order; each Council Member would be asked to announce the names of those applicants he or she would consider for appointment; there would be no limit as to the number of applicants each Council Member could place in nomination and no priority order as to who would nominate first, second, and so on; once a list is established consisting of the names of all nominees announced by member of the City Council, the name of each nominee would be announced by the Deputy City Clerk with a request for a second; those failing to garner a second would not be considered further; a final list of nominees receiving nomination and a second would then be voted on; voting would continue until one applicant receives three (3) votes or the matter is continued to the meeting of May 5, 2003. The City Manager advised of the first step of the process, nominations were made, followed by the request for a second for each. The following nominations were made: Mayor Pro Tem Steel nominated: Dennis DeMaio, who did not receive a second. Eric R. Bever seconded by Council Member Mansoor. Wendy Leece seconded by Council Member Mansoor. Council Member Cowan nominated: Mirna Burciaga seconded by Mayor Pro Tem Steel. Walter Davenport seconded by Council Member Monahan. Linda Dixon who did not receive a second. Katrina Foley who did not receive a second. Bruce Garlich seconded by Mayor Pro Tem Steel. William Turpit who did not receive a second. Council Member Mansoor nominated: James Fisler seconded by Mayor Pro Tem Steel. Ralph Morgan, Jr. seconded by Mayor Pro Tem Steel. Larry Weichman who did not receive a second. Council Member Monahan nominated: Michael Scheafer seconded by Mayor Pro Tem Steel. Art Perry who did not receive a second. William Perkins seconded by Mayor Pro Tem Steel. The City Manager advised and explained the purpose of the straw vote. The Deputy City Clerk announced the remaining nominees and a straw vote was taken: Straw Votes Failed to Eric R. Bever, failed 2-2, Council Members Cowan and Monahan Carry voting no. Mirna Burciaga, failed 3-1, Mayor Pro Tem Steel and Council Members Mansoor and Monahan voting no. Walter Davenport, failed 3-1, Mayor Pro Tem Steel and Council Members Mansoor and Monahan voting no. James Fisler, failed 2-2, Council Members Cowan and Monahan voting no. :154 Bruce Garlich, failed 3-1, Mayor Pro Tem Steel and Council Members Mansoor and Monahan voting no. Wendy Leece, failed '2-2, Council Members Cowan and Monahan voting no. Ralph Morgan, Jr., failed 2-2, Council Members Cowan and Monahan voting no. William Perkins, failed 3-1, Mayor Pro Tem Steel and Council Members Mansoor and Cowan voting no. Mike Scheafer, failed 3-1, Mayor Pro Tem Steel and Council Members Cowan and Mansoor voting no. RECESS The Mayor Pro Tem declared a recess at 9:00 p.m., and reconvened the meeting at 9:15 p.m. MOTION/Approved A motion was made by Council Member Monahan, seconded by Second Straw Vote Mayor Pro Tem Steel, and carried 3-1, Council Member Cowan voting no, to hold a second straw vote, and any individual not receiving at least two votes be eliminated. Straw Votes Failed to Eric R. Bever, failed 2-2, Council Members Cowan and Monahan Carry voting no. Mirna Burciaga, failed 3-1, Mayor Pro Tem Steel, and Council Members Mansoor and Monahan voting no. Walter Davenport, failed 2-2, Mayor Pro Tem Steel and Council Member Mansoor voting no. James Fisler, failed 2-2, Council Members Cowan and Monahan voting no. Bruce Garlich, failed 3-1, Mayor Pro Tem Steel and Council Members Mansoor and Monahan voting no. Wendy Leece, failed 2-2, Council Members Cowan and Monahan voting no. Ralph Morgan, Jr., failed 2-2, Council Members Cowan and Monahan voting no. William Perkins, failed 3-1, Mayor Pro Tem Steel and Council Members Mansoor and Cowan voting no. Mike Scheafer, carried 3-1, Council Member Mansoor voting no. The Deputy City Clerk announced the remaining individuals: Eric R. Bever, Walter Davenport, James Fisler, Wendy Leece, Ralph Morgan, Jr., and Mike'Scheafer. Council Member Cowan supported nominee Walter Davenport and commented that the individual appointed should have experience in City processes and announced that Mr. Davenport was the nominee with the most experience in that process. Council Member Mansoor commented that he did not agree, expressing that anyone who has the desire can learn the job of Council Member but felt that awareness of the issues and activism 1 1 1 were important. He supported Eric R. Bever and spoke of his qualifications for the position. MOTION/Official Vote A motion was made Mayor Pro Tem Steel, seconded by Council Second Withdrawn Member Monahan, to take an official vote on the remaining individuals. After a short discussion, Council Member Monahan withdrew his second. SUBSTITUTE A substitute motion was made by Council Member Cowan, MOTION/One Name seconded by Council Member Monahan, and carried 3-1, Mayor Per Council Member Pro Tem Steel voting no, for each Council Member to bring one Brought Forward name forward. Council Member Cowan nominated Walter Davenport. Council Member Monahan nominated Michael Scheafer. Mayor Pro Tem Steel nominated Eric R. Bever. Council Member Mansoor nominated Wendy Leece. MOTION/Approved A motion was made by Council Member Monahan, seconded by Binding Vote be Taken Council Member Cowan, and carried 4-0, to take an official vote for the remaining four nominees. Eric R. Bever, failed 2-2, Council Members Cowan and Monahan voting no. Walter Davenport, failed 3-1, Mayor Pro Tem Steel, and Council Members Mansoor and Monahan voting no. Wendy Leece, failed 2-2, Council Members Cowan and Monahan voting no. Michael Scheafer, failed 3-1, Mayor Pro Tem Steel, and Council Members Mansoor and Cowan voting no. MOTION/To Continue A motion was made by Council Member Cowan to continue the Died for Lack of a item to the meeting of May 5, 2003. The motion died for lack of a Second second. MOTION/Approved A motion was made by Council Member Monahan, seconded by Another Vote Mayor Pro Tem Steel, and carried 4-0, to take another straw vote, any individual not receiving 2 votes be eliminated, and the remaining nominees be ranked by Council. Eric R. Bever, failed 2-2, Council Members Cowan and Monahan voting no. Walter Davenport, failed 2-2, Mayor Pro Tem Steel and Council Member Mansoor voting no. Wendy Leece, failed 2-2, Council Members Cowan and Monahan voting no. Michael Scheafer, failed 2-2, Mayor Pro Tem Steel and Council Member Mansoor voting no. MOTION/Approved to A motion was made by Council Member Cowan, seconded by Rank Remaining Council Member Monahan, and carried 3-1, Mayor Pro Tem Steel voting no, to rank the remaining nominees from 1 (least support) to 4 (most support), by paper ballot passed to the Deputy City Clerk to calculate, with the two highest remaining to be voted on separately. The Deputy City Clerk announced the rankings: Steel Cowan Monahan Bever 4 2 1 Davenport 2 4 3 Mansoor TOTAL 4 11 1 10 Leece 3 1 2 3 9 Scheafer 1 3 4 2 10 The Deputy City Clerk confirmed that Wendy Leece was eliminated. MOTION/Approved a A motion was made by Council Member Mansoor, seconded by Second Ranking Council Member Monahan, and carried 4-0, to rank the remaining nominees from 1 (least support) to 3 (most support), with the two highest remaining. The Deputy City Clerk announced the rankings: Steel Cowan Monahan Mansoor TOTAL Bever 3 1 1 3 8 Davenport 2 2 2 1 7 Scheafer 1 3 3 2 9 The Deputy City Clerk confirmed that Walter Davenport was eliminated. Council Member Monahan expressed the reasons he supported Michael Scheafer, and stated his previous experience with the City. Council Member Mansoor expressed his support for Eric Bever, stating Mr. Bever has been involved in many issues in the City, and has worked well with many individuals within the City. Mayor Pro Tem Steel suggested that Council could make a compromise and re -nominated Dennis DeMaio. MOTION/Took Official A motion was made ,by Council Member Mansoor, seconded by Vote on Remaining Mayor Pro Tem Steel, and carried 4-0, to take an official vote on Two Candidates the two remaining candidates. Eric R. Bever, failed 2-2, Council Members Monahan and Cowan voting no. Michael Scheafer, failed 2-2, Mayor Pro Tem Steel and Council Member Mansoor voting no. The City Manager confirmed for the Council the leverage it has in establishing a procedure for the consideration and appointment of a candidate at the next meeting. MOTION/Continued to A motion was made, by Council Member Cowan, seconded by the Meeting of May 5 Mayor Pro Tem Steel', and carried 4-0, to continue the item to the meeting of May 5, 2003, to be heard at the beginning of the meeting immediately following the Consent Calendar, both [ I Fj 1 nominees should be in attendance and will be invited to speak, and upon appointment the new Council Member will be sworn in and seated. RECESS The Mayor Pro Tem declared at recess a 10:15 p.m., and reconvened the meeting at 10:25 p.m. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Conditional Use Permit set for the public hearing to consider an application from Council ZA-03-11/820 West Member Mansoor appealing the Planning Commission's approval 19th Street of Minor Conditional Use Permit ZA-03-11 for Shelly Leonard, authorized agent for Bill Keeler, to allow serving of alcoholic beverages after 11:00 p.m. (1:30 a.m. requested), to re-establish a bar (formerly Irma's), and to deviate from shared parking requirements due to offset hours of operation, located at 820 West 19t Street in a C1 (Commercial Uses) zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's Office. Council Member Mansoor expressed his concerns regarding the existing problems with parking, commenting that they need to be addressed before the "Avalon" is opened. The Associate Planner reviewed the Agenda Report, showed a videotape, and he, the Assistant Development Services Director, the Public Services Director, and the Acting City Attorney responded to questions from Council. Michael Conley, 190 Rochester Street, Costa Mesa, advised the Council of the concept for the "Avalon", stating he felt it would not have an adverse impact on the neighborhood, that he has been cleaning up trash from the property on a daily basis, the exterior of the building was recently painted, and the parking lot will be repaved, striped, and secured so it cannot be used by surrounding businesses. He commented their business would only be deficient by one parking space and there are four parallel spaces available in the front which are usually empty after 5:00 p.m. Mr. Conley then responded to questions from Council. Shelly Leonard, 190 Rochester Street, Costa Mesa, read a letter that was received from Laura Vandemerghel, who resides at 1914 Federal Avenue, Costa Mesa, and is in support of the "Avalon". Council Member Mansoor reiterated that he was not necessarily opposed to the project; he wanted to make sure the parking issues were brought to light and addressed before the "Avalon" is open for business. Gabe Griffin, 8041 16th Street, Westminster, supported the plan for the "Avalon". Don Elmore, 2209 Wallace Avenue, Costa Mesa, expressed there are already too many establishments on West 19th Street that are selling and serving alcoholic beverages. Mr. Elmore did not agree that there should be a parking deviation as it almost always causes future problems. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, thought that the plans for the "Avalon" were very positive, and supported the project as a small step to improvement of the neighborhood. Beth Refakes, 320 Magnolia Street, Costa Mesa, stated she had several concerns regarding this project, including two bars, as well as several liquor stores, within close proximity to the location, stating that it is a high crime area. She advised that problems result in the surrounding neighborhood due to the permitted parking deviations. Patrick Urban, no street address given, "Avalon" bar Manager, felt that the crime rate had decreased at this location in the past two years. He also expressed his belief that the parking deviation should not be a problem. Haverly Horton, 134 Lexington Lane, Costa Mesa, supported the owners of the "Avalon", and advised that the efforts that the applicants have made for this project will be worth it. Eleanor Egan, 1893 Parkview Circle, Costa Mesa, expressed her opposition to the project stating the area is already "awash in alcohol", pointing out the locations that are within a two -minute walk of the proposed project and confirmed that the location is 200 feet from residential property. Ms. Egan stated this is an area of over -concentration of bars and liquor stores. Jason Valdez, no street address given, commented that he has seen many business'going in and out of this area on West 19th Street, and the "Avalon" will be a positive addition to the area. Val Skoro, property owner of 859 West 19th Street, Costa Mesa, stated he was initially ,concerned about the "Avalon" opening at this location, but had subsequently met with the applicants and concluded they are sincere, dedicated people who are trying to provide a more upscale establishment to the area. Scott Rew, no street address given, expressed his support for the project and stated it will bring in a better clientele than the other establishments in the area. Robin Leffler, 3025 Samoa Place, Costa Mesa, emphasized that the applicants are asking for a parking deviation, and felt that it would contribute to the many parking problems that already exist in the City. She was concerned about the impact of the additional bar and if it would enhance the Westside. Mark Block, 190 Rochester Street, Costa Mesa, supported the project and the applicants for the positive business they would be bringing to the neighborhood. Shane Baum, no street address given, commented that the parking requirements are only deviated by one spot, and by restricting the hours it would be "starving" the "Avalon" from their prime serving hours. Mr. Baum encouraged Council to approve the project. Ivar Vasco, 3116 Promenade, Costa Mesa, was concerned about being with the people who "dash" across the middle of the street, but supported the project and thought it would be a positive addition. There being no other speakers, the Mayor closed the public hearing. 1 1 1 1 MOTION/Adopted A motion was made by Council Member Mansoor, seconded by Resolution 03-26 Council Member Monahan, and carried 4-0, to adopt Resolution Approving Minor 03-26: A RESOLUTION OF THE CITY COUNCIL OF THE CITY Conditional Use Permit OF COSTA MESA, CALIFORNIA, APPROVING MINOR ZA-03-11 CONDITIONAL USE PERMIT ZA-03-11, for property located at 820 West 19th Street, modifying Condition of Approval No. 15 to read, "minimize parking conflicts with other uses on the site, hours of operation shall be limited to 5:00 p.m. to 12:00 midnight, Mondays through Thursdays, 5:00 p.m. to 1:00 a.m. , Fridays and Saturdays, and 11:00 a.m. to 11:00 p.m. on Sundays." The following Conditions of Approval were added: "No. 21. If approved by the property owner, applicant shall install a vehicle gate at the rear of the property (behind Faulkner's Lawnmower Shop) to restrict access from the east side of the property"; and "No. 22. Applicant shall post signs stating parking is for Avalon patrons only and that patrons shall not park on nearby residential streets." RECESS The Mayor Pro Tem declared a recess at 11:50 p.m., and reconvened the meeting at 12:00 a.m. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Minor Conditional Use set for the public hearing to consider an application from John B. Permit ZA-02-75 Casoria, authorized agent for Trinity Christian Center, appealing Trinity Christian Center the Planning Commission's continuance of Minor Conditional Use 3180 Bear Street Permit ZA-02-75 to conduct a portion of religious church services and television programming, and similar related uses, outside the building, located at 3180 Bear Street in an AP (Administrative and Professional) zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's Office. Communications were received from the following Costa Mesa residents who opposed the permit being issued: Richard Levowich, 814 Spirit; John W. Murphy 806 Spirit; and Diane Dorrien, 3128 Encore Court. The Associate Planner reviewed the Agenda Report, and he and the Assistant Development Services Director responded to questions from Council. John Casoria, Trinity Christian Center, 3180 Bear Street, Costa Mesa, stated that in reality some of the neighbors are "throwing allegations" that appear to be unfounded. Mr. Casoria continued that the noise that has been complained about is not any louder than the noise coming off the street, the 1-405 Freeway, or the fountain in their plaza. He continued that the studio lights that are used for television production have been adjusted, filtered, and shaded to decrease the impact on the surrounding homes, as a suggestion by the Planning staff. He confirmed that there are no activities held after 10:00 p.m.. although there have been a few activities that have ended at 10:00 p.m., that they are cooperative and address the community concerns, as they are presented and when they are made aware of them, in an effort to be "good neighbors." He advised that it is a goal to move the filming to from 7:00 p.m. to 9:00 p.m. He also addressed the purpose and need for the outdoor services that are filmed. Mr. Casoria responded to questions from Council Member Monahan, regarding outdoor filming and offered a compromise in the number of dates in which outdoor filming would be conducted, suggesting 20 filming opportunities, between now and the end of the year. To Mayor Pro Tem Steel's question of the need to film outdoor Mr. Casoria advised that nature of the services are a benefit to the parishioners and the viewing audience and stated that it their right to conduct services in a way, a manner and time that is within reason and within the law and compliance with the Council. He reported, that he discovered that Trinity Broadcasting Network (TBN) was filming outdoors in violation of their original Conditional Use Permit and in an effort to correct the situation, applied for the Minor Conditional Use Permit. To Council Member Mansoor's question of "necessity" to film outside Mr. Casoria replied that it was a necessity but to film every week was not. Staff' confirmed for the Council Member that the conditional use permit was originally approved by the Planning Commission and pointed out the condition that stated, "all work should be conducted under roof." To a question of the awareness by TBN that they were filming in violation of the Conditional Use Permit, Mr. Casoria recalled a series of correspondence between the City and TBN in late 1999 or 2000 regarding the legality of the issue. He stated that it was the contention that the lack of adequate response was an informally consented to the activity. Council Member Monahan's inquired about a schedule of the activities and making it available to which Mr. Casoria responded that they could provide a schedule that reflects the activities over 60 days. Relating :to a question by both Council Members Monahan and Mansoor of the telethons held Mr. Casoria mentioned the ability to end at 9:00 p.m. but recognized the problems of the noise caused by the busses used in attending the event and stated that they are working to create a solution. Charles Chappell, 3147 Canadian Drive, Costa Mesa, stated he lives on the eastside of the Trinity Christian Center parking lot, and about month prior to this meeting he gave his phone number to Mr. Casoria to get in touch with him to meet to attempt to structure some guidelines that both sides of this debate could live with, but he was never contacted. Mr. Chappell asked Council to deny the Minor Conditional Use Permit. Donna DiPeitrantonio, 21411 High Country Drive, Trabuco Canyon, expressed that when the building was originally built there were not any problems in the neighborhood, and that the indoor television studio was, built in 1996.approved to film inside, and suggested that -a set could be built for them to be able to film outside scenes inside 'asking that Council deny the permit. Wendy Gray, 930 Azalea Drive, Costa Mesa, stated she is opposed to the permit being issued because the outdoor activities and entertainment' are not compatible next to single-family residences. Mariann Chappell, 3147 Canadian Drive, Costa Mesa, advised that Trinity Christian Center has not been in compliance with any of the prior Conditions of Approval, and this permit should be denied. She expressed that the activities are not conducive to peaceful and harmonious enjoyment; they are incompatible and disruptive to the neighborhood. Robin Leffler, 3025 Samoa Place, Costa Mesa, stated she attended a hearing regarding Trinity Christian Center, two years prior, and that the same problems regarding the demonstration of frequent inconsiderate behavior was discussed. Beth Refakes, 320 Magnolia Street, Costa Mesa, opposed the permit due to their not being in compliance thus far, and it is clear that there are many issues concerning noise, traffic, privacy and lighting that need to be addressed. 1 1 1 Ivar Vasco, 3116 Promenade, Costa Mesa, thought that no outdoor taping should be allowed at this location, due to the noise and privacy issues. Dawn Vasco, 3116 Promenade, Costa Mesa, read a letter written by Lars Sivring who was unable to attend the meeting, asking Council to deny the permit. Stacy Schofro, 3131 Encore Court, Costa Mesa, stated that for the past six years it has felt as though they have lived next to door to outdoor entertainment rather than an office building for a church. She expressed that Trinity Christian Centers disregard for the rules has been well documented, and they do not deserve to receive an expanded permit when they have not come close to complying with the one currently in place, and asked Council to deny the permit. Diane Dorrien, 3128 Encore Court, Costa Mesa, advised she is being denied the quiet enjoyment of her retirement home due to the activities at Trinity Christian Center, as they have not complied with the previously imposed Conditions of Approval, and asked Council to deny the permit. Vance Ito, 3127 Tara, Costa Mesa, expressed he not expressed his displeasure with the activities at Trinity Christian Center until his twin sons were born fourteen months ago. He stated that his the children or his wife are routinely awaken by the disturbances that occur during the day and have been as late as 11:00 p.m. Mr. Ito asked Council to deny the permit. Nicholas DiPeitrantonio, 21411 High Country Drive, Trabuco Canyon, a property owner adjacent to Trinity Christian Center, stated the neighbors and community have tried to work with Trinity Christian Center, but they have continually been "bad neighbors" and the permit should be denied. There being no other speakers, the Mayor closed the public hearing. John Casoria, Trinity Christian Center, 3180 Bear Street, Costa Mesa, commented he is aware of the complaints that have been made, and attempts are being made to address those complaints. Mr. Casoria apologized to Mr. Chappell for not getting back to him. Council Member Mansoor expressed to Mr. Casoria that Trinity Christian Center have already had the opportunity to comply with the Conditions of Approval, and have not done so thus far. Council Member Monahan stated he had hoped something could have been worked out, but believed the taping could be done inside of the facility. Council Member Mansoor commented a viable indoor alternative exists, and the issues of noise, lights, and traffic are major quality of life issues. MOTION/Adopted A motion was made by Council Member Monahan, seconded by. Resolution 03-27 to Council Member Cowan, and carried 4-0, to reverse the Planning Deny Minor Commission's decision by adopting Resolution 03-27: A Conditional Use Permit RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA ZA-02-75 MESA, CALIFORNIA, DENYING MINOR CONDITIONAL USE PERMIT ZA-02-75, with the findings. OLD BUSINESS The Deputy City Clerk presented from the meeting of October 21, Downtown and East- 2002, Downtown and Eastside Transportation Ad Hoc Committee side Transportation — Status Report #2. Ad Hoc Committee MOTION/Received A motion was made by Council Member Monahan, seconded by and Filed Council Member Cowan, and carried 4-0 to receive and file the report. OLD BUSINESS The Deputy City Clerk presented from the meeting of April 14, 1901 Newport Plaza 2003, second readingand adoption of Ordinance 03-3, regarding Project the 1901 Newport Plaza Project. Robin Leffler, 3025 Samoa Place, Costa Mesa, opposed the second reading and adoption of Ordinance 03-3, as the project has serious impacts to the neighborhood, the extent of which are not entirely known at this time. Ms. Leffler stated it is too important for thorough consideration not to be given. A Costa Mesa resident asked for reconsideration in this major move towards the "urbanization" of the City. She objected to the height and density of the condominiums, as well as the five -story parking structure that will distract from the "charm" of the downtown area. Beth Refakes, 320 Magnolia Street, Costa Mesa, stated that quality decisions are not made at 1:30 a.m., and her concern is the density of the project, as well as the area that is already having traffic problems. She opposed second reading and adoption of the Ordinance. David Eadie, Rutter Development, 18012 Cowan, No. 200, Irvine, stated this decision culminates several hours of deliberation on this project, findings and' facts were made, and the project was approved based on that information. He thought that the Ordinance should be adopted. MOTION/Adopted On motion by Council Member Monahan, seconded by Council Ordinance 03-3 Member Cowan, and carried 3-1, Council Member Mansoor voting no, Ordinance 03-3 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA! AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL `CODE REGARDING A SITE-SPECIFIC FLOOR AREA RAT1O AND SITE-SPECIFIC RESIDENTIAL DENSITY FOR THE 1901 NEWPORT PLAZA PROJECT IN THE PLANNED DEVELOPMENT COMMERCIAL (PDC) ZONE. NEW BUSINESS The Deputy City Clerk presented a request from Henry's ABC License Request Marketplace, 3030 Harbor Boulevard, Suite D, for a public Henry's Marketplace convenience or necessity finding for the issuance of a person-to- person transfer of an existing Type 21 (off -sale general) ABC license (to replace th'e recently approved Type 20 (off -sale beer and wine ABC license). A communication was received via email from Al Morelli. MOTION/Made A motion was made by Council Member Monahan, seconded by Necessary Finding Mayor Pro Tem Steel, and carried 4-0, to make a necessary finding of public convenience,or necessity. CITY ATTORNEY The Deputy City Clerk presented a request for closed session REPORTS pursuant to Section 54956.9(a) of the California Government Code to be held to confer with legal counsel, Tom Wood, Acting City I. 1 Attorney, regarding existing litigation concerning the Omega Superfund site. Case Name: USEPA Unilateral Administrative Order 95-15. MOTION/Approved A motion was made by Council Member Monahan, seconded by Recommended Action Council Member Cowan, and carried 4-0, to approve the recommendation of Acting City Attorney Tom Wood in his confidential memorandum dated April 16, 2003. The Deputy City Clerk presented a request for closed session pursuant to Section 54956.9(a) of the California Government Code to be held to confer with legal counsel, Tom Wood, Acting City Attorney, regarding existing litigation. Case name: Carmona v. Costa Mesa, No. 03-55227 (USCt.App.) MOTION/Approved A motion was made by Council Member Monahan, seconded by Recommended Action Council Member Cowan, and carried 4-0, to approve the recommendation of Acting City Attorney Tom Wood in his confidential memorandum dated April 16, 2003. ADJOURNMENT The Mayor Pro Tem declared the meeting adjourned at 1:40 a.m. Mayor Pro Tem of ifie City of Costa Mes ATTEST: Deputy 'ty Clerkof.the City of Costa Mesa 1