Loading...
HomeMy WebLinkAbout05/05/2003 - City Council_G4 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA May 5, 2003 The City Council of the City of Costa Mesa, California, met in regular session May 5, 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 Mayor Pro Tem Steel, followed by the Pledge of Allegiance to the Flag led by the Mayor Pro Tem, and invocation by Dr. Dennis Short, Harbor Christian Church. ROLL CALL Council Members Present: 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 Police Administrative Services Commander Sheralee Ford Associate Planner Claire Flynn Legislative and Public Affairs Manager Ann Shultz Deputy City Clerk Julie Folcik ORDINANCES AND A motion was ma:+e - y -council :Member Cowan, seconded by RESOLUTIONS Mayor Pro Tem Steci; and--sarried 4-0, to read all ordinances and resolutions by title only. = PRESENTATION Mayor Pro Tem Steel read a proclamation declaring May, 2003, as Mental Health Month Mental Health Month in the City, and called upon the citizens of Costa Mesa to recommit the community to increasing awareness and understanding mental illness and the need for appropriate and accessible services. He presented the document to Dr. Susan Jacob, a member of the Mental Health Board. PRESENTATION The City Manager congratulated Linda Ochaita, Communications Employee of the Month Officer, Communications Division of the Administrative Services Department, for her dedication and commitment to the City, as well as a willingness to improve her performance as a public safety dispatcher, providing an excellent role model for fellow employees. Ms. Ochaita was commended for her role in a recent incident wherein she convinced a suspect in a domestic violence occurrence to exit the residence peacefully. PUBLIC COMMENTS Doug Sutton, 2739 Canary Drive, Costa Mesa, observed that Sutton Comments although there is a Republican majority on the City Council, only Council Member Mansoor votes the conservative viewpoint. He questioned Council's fiscal responsibility, citing a dramatic increase in the City's recreation budget, Council's abandoning its budget oversight responsibility, and monies wasted on Westside studies and relocation of the Huscroft House. Mr. Sutton felt that the City's needs are too severe and too immediate to continue with the present form of City government, and suggested a full-time, elected mayor, handsomely paid to attract the best candidates. 1 1 1 Costa Mesa Business Judi Berry, 2064 Meadow View Lane, Costa Mesa, owner of a License Fees small business, suggested that Costa Mesa business license fees could be raised and still not be out of line with other cities. She stated that the increase would bring approximately $1.3 million to $2.6 million in additional revenues, and quoted a Los Angeles Times article which indicated that Costa Mesa was the "cheapest place in California to do business." Mrs. Berry's research revealed that the cities of Newport Beach and Santa Ana charge a higher tax for business owners who do not live in the city, and she suggested that Costa Mesa impose a like fee in the amount of $75.00. Closing of EI Nido and Florence Johnson, 344 Cabrillo Street, Costa Mesa, addressed the Snug Harbor Trailer proposed closing of the EI Nido Trailer Park, 1640 Newport Parks Boulevard, and the Snug Harbor Trailer Park, 1626 Newport Boulevard, reporting that the owner intends to convert the two properties into a medical facility. She asked that Council review this issue closely, stating that there is limited affordable senior housing in Costa Mesa. Sandy Johnson, 344 Cabrillo Street, Costa Mesa, reiterated that the owner of the above-mentioned trailer parks intends to replace them with medical office buildings, noting that many Costa Mesa senior citizens will be without homes. She commented that the Council agenda is often overloaded with too many important issues, and complained that citizens were not afforded ample opportunity to speak during the. hearing on the 1901 Newport Boulevard development. Mobile Home Issues Eleanore Humphrey, 1684 Whittier Avenue, No. 35, Costa Mesa, representing members of Orange Coast Mobile Home Lodge, reported that there has been an "outrageous" increase in space rents, and stated that legislators at every level should be aware of these exorbitant fees and other injustices which are occurring in Costa Mesa, throughout Orange County and the entire state. She asked that Council consider a zone change for mobile home parks which are considered "light industrial", and asked that this issue be addressed at a future Council meeting. Council Member Cowan replied that she will meet with Irene Shannon, a representative of EI Nido Trailer Park, on Friday, May 23, 2003, at 1:30 p.m., in City Hall, to discuss the above. Mobile Home Review Don Hunter, 666 West 19th Street, Apt. 1606, Costa Mesa, a Board mobile home manufacturer's advocate, reported that he had assisted the City of Huntington Beach establish a review board for mobile home residents which is still in existence. He proposed that the City initiate ordinances which address workable relocation in the event of park closure, and "right of first refusal" if a park owner wants to sell which would allow residents the opportunity to collectively purchase the park. Costa Mesa Property Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, Values indicated that he periodically reports statistics on Costa Mesa property values in his newsletter, the Costa Mesa Press, publishing the average median home prices in Costa Mesa and five adjacent cities. He reported that Costa Mesa home values should be comparable to those in Newport and Huntington Beaches but instead are in the basement with Santa Ana. Mr. Millard felt that crime and the charities in the City should be addressed, and supported converting the west side bluff area to residential. He suggested that police officers be stationed at the corner of Baker Street and Fairview Road, and Baker Street and Fillmore Way, in order to enforce traffic regulations. C.R.A.C. Cartoon/ Robert Graham, 3260 Dakota Avenue, Costa Mesa, referred to a West 19th Street political cartoon in the Sunday, May 4, 2003, issue of the Daily Extension Pilot, which depicted the Community Redevelopment Action Committee (C.R.A.C.) as being in total disarray. He disagreed with that image, stating that the Committee had recently brought a proposal to Council regarding the extension of West 19th Street, asking that a study be conducted of the economics and the social implications. He stated that the study had been turned down without discussion. 1901 Newport Robin Leffler, 3025 Samoa Place, Costa Mesa, commented that Boulevard Request the proposed 161 -unit residential condominium project at 1901 for Rehearing Newport Boulevard (Old Business Item No. 1, Request for Rehearing), will have'repercussions for the City. She suggested that prior to approving such large projects, it should be determined if there is support for potential changes of this magnitude to the general plan. Costa Mesa Contracts Mike Berry, 2064 Meadow View Lane, Costa Mesa, addressed the absence of Costa Mesa businesses participating in the City's contracting process. He stated that over $3 million in contracts will be approved this evening, and none will be awarded to a Costa Mesa business. He encouraged Council to review the bidding process. West Side Costa Mesa Dan Gribble, owner of businesses at 925, 931, and 935 West 18th Street, Costa Mesa, encouraged Council to listen to residents and persons who work on the west side of Costa Mesa when addressing west side- issues. He refuted a previous comment regarding illegal aliens, stressing that businesses are not allowed to employ persons other than United States citizens. Mr. Gribble disagreed that the industrial areas on the west side have a high crime rate. West 19th Street June McKinzie, 165 East 19th Street, Costa Mesa, opposed the Extension extension of West 19th Street to Huntington Beach, noting that the roadway would be used as a thoroughfare. She suggested lengthening Gisler Avenue to make the connection. Agenda Reports; Beth Refakes, 320 Magnolia Street, Costa Mesa, complimented Historical Society the City on adding Council agenda reports to the website, Open House indicating that it will be a timesaver for residents and will reduce printing costs. Ms. Refakes, a volunteer at the Costa Mesa Historical Society, 1870 Anaheim Street, announced an Open House on Saturday, May 17, 2003, from 11:00 a.m. to 4:00 p.m. She addressed an article in the Daily Pilot regarding financial compensation to Orange County Marketplace vendors because of the 2 -day extension of the 2003 Orange County Fair, asking that the City ensure that they receive the appropriate sales tax revenue from the vendors. Costa Mesa Charities Don Elmore, 2209 Wallace Avenue, Costa Mesa, commented on an article that he had forwarded to Council which stated that charities actually increase the poverty level. He suggested that funding should be decreased to Costa Mesa charities. Human Relations Janice Davidson, 1982 Arnold Avenue, Costa Mesa, member of Committee Picnic the Human Relations Committee, stated that the May 4, 2003, West 19th Street picnic had been a success. She stated that she had originally 1 1 1-67 opposed the extension of West 19th Street but has reconsidered her position since conditions on the Westside have not improved. View Preservation Robert Reeder, owner of 1127 and 1131 Aviemore Terrace, Costa Mesa, addressing ocean view preservation in the Marina Highlands area, commented that the areas being selected for view preservation are the homes that have the potential of blocking the ocean views of the homes behind them. He observed that the existing two-story home on Aviemore Terrace does not obstruct the ocean views from the homes above on the bluff side of Gleneagles Terrace, therefore the homes on Aviemore Terrace should not be included by staff and City Council as a view preservation area. Jeffrey Childs, 1139 Aviemore Terrace, Costa Mesa, regarding view preservations, thought that Council should disassociate itself from neighborhood squabbles and not act as a homeowner's association. He encouraged Council to pursue larger issues. Council Candidacy Ralph P. Morgan, 206 East 15th Street, Costa Mesa, commented on the increase of traffic at John Wayne Airport, and reviewed his candidacy for the vacant Council seat. Mr. Morgan offered to assume the Council Member position on his own time, and felt slighted that he had not been contacted. Paul Bunney, Post Office Box 11024, Costa Mesa, commended staff on the on-line access to Council reports, specifically congratulating MIS Manager Rick Kirkbride, System and Program Supervisor Thanh Bui, and Deputy City Clerk Julie Folcik. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 4, Contract for Site Improvements at the Hamilton Street Community Garden, Project No. 03-04; Item No. 5, Contract for Construction of Ketchum-Libolt Park, 2150 Maple Street, Project No. 03-06; Item No. 6, Contract for Rehabilitation Improvements for Several Arterial and Residential Streets, and One Alley (Project A), Project No. 03-07; Item No. 7, Contract for Rehabilitation Improvements for Several Arterial and Residential Streets (Project B), Project No. 03-05; Item No. 8, Bid Item No. 1073, Purchase of Five New 2003 Hybrid Gasoline/Electric 4 -Door Sedans; and Item No. 13, Completion of Construction of Landscape Medians on Coolidge Avenue, Project No. 02-19. MOTION/Approved On motion by Council Member Monahan, seconded by Council Except Item Nos. 4, 5, Member Cowan, and carried 4-0, the remaining Consent Calendar 6, 7, 8, and 13 items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Carolyn Dernbach; Carla, Richard, and Brian Lopez; Jerry Scheer; and Carmen and Deirdre Simmons. ABC License Request for Alcoholic Beverage Control (ABC) License from: Hussongs Sports Bar and Grill, 1880 Monrovia Avenue, for a person-to-person transfer of an existing Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Cafe Sunrise, 1560 Superior Avenue, Suite 1, for an original Type 41 ABC license (on -sale beer and wine for a bona fide eating place). w WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1950, funding City operating expenses for 1950 .$617,641.41. Approved Warrant Warrant Resolution 1951, funding Payroll No. 309 for 1951 /Payroll No. 308A $1,992,737.33, Payroll No. 308A for negative $285.69, and and No. 309 City operating expenses for $1,327,302.44, including payroll deductions. ADMINISTRATIVE An agreement was approved with LSA Associates, 20 Executive ACTIONS/Approved Park, Suite 200, Irvine, for $36,000.00, for preparation of the initial Agreement with LSA study/mitigated negative declaration for the 1626/1640 Newport for Study of 1626/ Boulevard General Plan Amendment GP -02-06 project, and the 1640 Newport, GP -02- Mayor and Deputy City Clerk were authorized to sign on behalf of 06 the City. Adopted Resolution Resolution 03-28 was adopted: A RESOLUTION OF THE CITY 03-28, Used Oil Recyc- COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ling Block Grants AUTHORIZING SUBMITTAL OF APPLICATIONS TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR USED OIL RECYCLING BLOCK GRANTS FOR A PERIOD OF FIVE FISCAL YEARS BEGINNING JULY 1, 2003. Accepted Street Im- Street improvements at 3045 Bristol Street were completed to the provements at 3045 satisfaction of the Public Services Director by Oil Stop Company, Bristol by Oil Stop 6111 Redwood Drive, Rohnert Park, in connection with Company, PS02- Encroachment Permit; No. PS02-00630. The work was accepted; 00630 and authorization was given to refund the $28,261.74 cash deposit. Accepted Work for 2001-2002 Slurry Seal and Crack Seal, Project No. 02-16, was 2001-2002 Slurry Seal completed to the satisfaction of the Public Services Director on and Crack Seal, April 7, 2003, by Pavement Coating Company, 5312 Cypress Project No. 02-16, by Street, Cypress. The work was accepted; the Deputy City Clerk Pavement Coating was authorized to file a Notice of Completion; authorization. was Company given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Hamilton Street Item No. 4 on the Consent Calendar was presented: Award Community Garden contract for Site Improvements at the Hamilton Street Community Improvements, Project Garden, 523 Hamilton Street, Project No. 03-04, to DMA No. 03-04 Greencare Contracting, Inc., 14032 Enderle Center Drive, Suite 220, Tustin, for $71,735.60 (base bid, excluding Item No. 1, plus alternate bid). Council Member Mansoor opposed the proposed community garden because of the cost in relation to the shortfall in the City's budget, as well as the parking which will be required. He cited this location as appropriate for a landscaped buffer between commercial and residential, as proposed by CRAC. Robert Graham, 3260 Dakota Avenue, Costa Mesa, suggested applying the $71,000:00 to a study of the extension of West 19th Street. Mike Berry, 2064 Meadow View Lane, Costa Mesa, stated that a number of residents felt that this area could be put to better use, and observed that gardens in other areas are more heavily supervised. He opposed the garden at this time. 1 1 1 Beth Refakes, 320 Magnolia Street, Costa Mesa, felt that the amount requested is excessive for a community garden, suggesting that the money could be better spent. She felt that the garden should be funded by the community. Paul Bunney, Post Office Box 11024, Costa Mesa, opposed the garden. Sandy Johnson, 344 Cabrillo Street, Costa Mesa, reported that the community garden on Del Mar Avenue is used by many residents, and there is a waiting list. She proposed asking the gardeners to do the improvements instead of professional landscapers. Eric Bever, 1046 Westward Way, Costa Mesa, urged Council to revisit this site as a potential skateboard park. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, opposed the garden, stating that it is a "big waste of money." MOTION/Rejected A motion was made by Council Member Mansoor, seconded by Bids Council Member Monahan, and carried 3-1, Council Member Cowan voting no, to reject all bids and continue the contract award. Council Member Monahan thought that this item should be scheduled for a later Council meeting, proposing that the next-door property owner could assist with the funding, and the money that remained in the park fund be spent on better locations across town. Council Member Cowan noted that the $71,000.00 includes infrastructure and improving a lot, and would provide a buffer to separate commercial from residential. She agreed with Ms. Johnson that the current garden is very successful with a long waiting list, and observed that twice the City Council has chosen to completely dismantle projects that were slated for this site, without regard to community need. Construction of Item No. 5 on the Consent Calendar was presented: Contract for Ketchum-Libolt Park, Construction of Ketchum-Libolt Park, 2150 Maple Street, Project Project No. 03-06; No. 03-06, and Budget Adjustment No. 03-113. Mayor Pro Tem Budget Adjustment No. Steel observed that this is a good project which has been named 03-113 for two fallen police officers. MOTION/Awarded On motion by Mayor Pro Tem Steel, seconded by Council Member to Hondo Company; Monahan, and carried 4-0, the contract was awarded to Hondo Approved Budget Company, Inc., 2121 South Lyon Street, Santa Ana, for Adjustment $291,776.00; and Budget Adjustment No. 03-113 for $25,585.00 was approved. Project A Improve- Item Nos. 6 and 7 on the Consent Calendar items were presented: ments, Project No. 03- 07/Project B Improve- Contract for Rehabilitation Improvements for Several Arterial ments, Project No. 03- and Residential Streets, and One Alley (Project A), Project No. 05 03-07. Contract for Rehabilitation Improvements for Several Arterial and Residential Streets (Project B), Project No. 03-05. Mayor Pro Tem Steel pointed out that the City is "moving ahead" with street improvements. Council Member Mansoor expressed appreciation for the two projects, stating that there are numerous streets which will be repaired during Project A that are located on the west side of Costa Mesa. Council Member Cowan related that every year at this time large improvement contracts are awarded, with the City regularly spending $2 to $3 million on this type of street repair. MOTION/Awarded On motion by Council Member Cowan, seconded by Council Project A to R. J. Member Monahan, and carried 4-0, the contract for Project A was Noble Company awarded to R. J. Noble Company, 15505 East Lincoln Avenue, Orange, for $1,765,068.60, (base bid plus all additive bid items). MOTION/Awarded On motion by Council Member Cowan, seconded by Council Project B to R. J. Member Monahan, and carried 4-0, the contract for Project B was Noble Company awarded to R. J. Noble Company, 15505 East Lincoln Avenue, Orange, for $943,014.20. Bid Item No. 1073, Item No. 8 on the Consent Calendar was presented: Award Bid Purchase of Five 4- Item No. 1073, Purchase of Five New 2003 Hybrid Door Sedans Gasoline/Electric 4 --Door Sedans, to Tustin Toyota, 44 Auto Center Drive, Tustin, for $105,454.93. Council Member Monahan mentioned that there was a bid which was close to the award amount from a Costa Mesa auto dealer, and asked that this item be continued for two weeks in order to obtain information from the Public Services Director and the Acting City Attorney on the ability to bid projects with a local preference. MOTION/Continued On motion by Council Member Monahan, seconded by Council to May 19, 2003 Member Cowan, and carried 4-0, this item was continued to the meeting of May 19, 2003. Completion of Item No. 13 on the Consent Calendar was presented: Completion Coolidge Avenue of Construction of Landscape Medians on Coolidge Avenue Medians, Project No. Between Baker Street and Paularino Avenue, Project No. 02-19, 02-19, by S & M by S & M Landscape, Inc., 346 South Motor Avenue, Azusa. Landscape Council Member Mansoor pointed out that this is the landscaped area on Coolidge Avenue north of Baker Street which looks brown and dead. He thought that the landscaping should be more colorful with bright flowers. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, agreed that the area is unattractive, but noted that the landscape architect had originally done a good job on the schematics. The Public Services Director responded that the plants are new, and time is needed for them to fill in. He replied to a question from Council Member Cowan by stating that the contractor has met his contract obligations. MOTION/To Continue A motion was made by Council Member Cowan, seconded by Second Withdrawn Council Member Mansoor, to continue this item to the meeting of May 19, 2003. After discussion, Council Member Mansoor withdrew his second. Council Member Monahan opposed the motion because the contractor did abide by the contract and has satisfactorily completed the work. He did not wish to send a message to contractors that even ' if the contract obligations are met, the City does not pay. MOTION/Accepted On motion by Council Member Monahan, seconded by Council Work Member Mansoor, and carried 3-1, Council Member Cowan voting no, the work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. RECESS Mayor Pro Tem Steel declared a recess at 8:00 p.m., and reconvened the meeting at 8:15 p.m. APPOINTMENT OF The Deputy City Clerk presented from the meeting of April 21, CITY COUNCIL 2003, appointment of City Council Member for the City of Costa MEMBER Mesa, to fill the remainder of the un -expired term through December, 2004. Communications in support of Mike Scheafer's appointment to City Council were received from Costa Mesa residents Richard M. Kapko, 1992 Balearic Drive; J. Lance Carmichael, 2756 Mendoza Drive; Kenneth Carlson, 1750 Whittier Avenue, Space No. 79; Jarid B. Newman, 1750 Whittier Avenue, Space No. 70; Luville O. Barstow, 1750 Whittier Avenue, Space No. 72; Mollie W. Martin, 1750 Whittier Avenue, Space No. 78; Yvonne C. Lang, 1750 Whittier Avenue, Space No. 59; Karl Knell, 1750 Whittier Avenue, Space No. 58; Harry Stevens, 1750 Whittier Avenue, Space No. 57; Wilma Steurer, 1750 Whittier Avenue, Space No. 54; Patricia Whalen, 1750 Whittier Avenue, Space No. 55; Katheren Caldwell, 1750 Whittier Avenue, Space No. 67; Ed Newett, 1750 Whittier Avenue, Space No. 82; Marilynn Wheeler, 1750 Whittier Avenue, Space No. 10; Joan Opsahl, 1750 Whittier Avenue, Space No. 85; Evelyn E. Held, 1750 Whittier Avenue, Space No. 83; Eleftherious Maurin, 1750 Whittier Avenue, Space No. 80; Violet Thompson, 1750 Whittier Avenue, Space No. 77; Dolores N. Nevins, 1750 Whittier Avenue, Space No. 76; Althea Palmer, 1750 Whittier Avenue, Space No. 73; Rachel Perez -Hamilton, 266 Brentwood Street; Jean E. Hidden, no address given; William C. Hidden, no address given; Ronald B. Hayward, 3085 Fernheath Lane; Barbara L. Hayward, 3085 Fernheath Lane; Bob Small, 465 Cabrillo Street; Michelle Fountain, owner of Advanced Marine Diesel, Newhall Street; Daniel P. Butler, 1609 Monrovia Avenue; Brian Booher, 1863 Samar Drive; Fernando Medina, 2267 Canyon Drive, No. B; Robert W. Apted, 932 Cheyenne Street; Rene Calderon, 2038 Maple Avenue, No. E; Thomas McLean, 955 Darrell Street; Jesus Lopez, 809 Governor Street; Elizabeth Dutro, 2151 Pacific Avenue; Marka McLean, 955 Darrell Street; Carlann P. Gazley, 1750 Whittier Avenue, Space No. 77; Kelli Henree, 240 16th Place; Jose Luis Aguilera, 1760 Pomona Avenue, No. 22; Silvia Quintana, 2187 Pomona Avenue, No. A; Jesus Torres, 2192 Pomona Avenue, Apt. A; Rafael Rosales, 1996 Anaheim Avenue, Apt. A; Reymundo Robles, 947 Senate Street; Maria R. Rodriguez, 807 Joann Street; Jaime Rodriguez, 807 Joann Street; Timothy P. Murphy, 1051 Concord Street; Chuck Turner, 1856 Parkglen Circle; Rudolf C. Sieberhein, 2700 Peterson Place, Apt. 27C; Marianne Morrissey, 676 West Wilson Street; Phillip Ortiz, 3019 Fillmore Way, No. 125; Ora Holmes, 1716 Whittier Avenue; Rochelle Rogers, 2073 President Place; Clifford Rogers, 2073 President Place; and Robert MacGregor, MacGregor Yacht Corporation, 1631 Placentia. Communications in support of Eric Bever's appointment to City Council were received from Costa Mesa residents Don Elmore, 2209 Wallace Avenue; Jerry Vanus, 1093 Glen Circle; Linda Newman, no address given; Kathleen Eric, no address given; and Doreen M. and Patrick H. Healy. Communications were received from Council candidates Eric Bever and Ralph P. Moran expressing their views and qualifications. Mike Scheafer, 3327 California Street Costa Mesa, visualized himself as representing the City as a whole, stating that he is a 46 - year resident and is devoted to the City. He indicated that the City is progressive, providing quality service to the residents, and reported on his accomplishments: one of the founders of Costa Mesa Little League; actively involved in the Lions Club and the Costa Mesa Fish Fry; and served on the Costa Mesa Sanitary District and the Parks and Recreation Commission. He explained his resignation from the latter commission. Mr. Scheafer opined that the City Council needs to act as a team, and added that he is a team player who can compromise and act on what is best for the City. Eric Bever, 1046 Westward Way, Costa Mesa, appreciated the opportunity to become involved in the leadership of the community, and said that he is dedicated to making Costa Mesa as good as it can be. He intends to build bridges between Council and the community, will listen, honestly and consider all viewpoints, will be accessible to the community, and will utilize his abilities, energy, and passion Citywide. He envisioned a clean, safe, quiet, and enjoyable community. Mr. Bever detailed his departure from the Community Redevelopment Action Committee (CRAC). He defined the City's greatest problem as being a lack of unity, specifically area versus area. Council Member Mansoor asked the candidates to comment on Kona Lanes. Mr. Scheafer indicated that he was sad to see the Kona Lanes close as he participated in bowling leagues there, as did his father. He suggested investigating many options for a replacement business. Mr. Bever concurred with Mr. Scheafer in that this is a loss of an institution but thought that a unique use would add value to the community. Council Member Mansoor asked the candidates opinion on second -story additions. Mr. Bever felt that residential and business properties should be enabled to fulfill their highest and best use, including allowing homeowners to build as the law permits to meet their specific needs. He indicated that Costa Mesa is undergoing a great deal of home remodeling and while the City needs to progress in a reasonable and controlled fashion, the efforts of the those who endeavor to breath new life into Costa Mesa should not be stifled. Mr. Scheafer concurred with Mr. Bever, acknowledging that he is a firm believer in property owners rights to improve. Mayor Pro Tem Steel asked if Mr. Bever had solutions to conditions on the west side, such as schools, crime rate, fireworks, and shopping carts. Mr. Bever responded that it is difficult to address all the issues at one time, suggesting that as problems arise, Council and staff should address them separately. He mentioned meeting with the Police Department regarding dayworkers and other issues, and observed that direct enforcement is a proven tool which has been used Citywide. Mr. Scheafer thought that efforts should not be focused on the west side but that Citywide complaints should be investigated. He thought that the Police Department should be supported in order to enhance their ability to address Citywide crime issues. 1 1 1 :173 Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, commended Mr. Scheafer's affiliation with sports, but expressed concern regarding the form support letters which were received from west side residents. He reported that Mr. Scheafer is a member of the Boys and Girls Club Board of Directors, stating that the club recently received $8,000.00 Community Development Block Grant funds for after-school homework assistance for Latino children. Mr. Millard was concerned about Mr. Scheafer involvement with charities. Robert Graham, 3260 Dakota Avenue, Costa Mesa, thought that the City's largest inhibitor of progress is the special interest groups of three to five people, and hoped that the new Council Member envisions the "bigger picture". Greg Brown spoke about the Council candidates. The following Costa Mesa residents supported the appointment of Eric Bever: Don Elmore, 2209 Wallace Avenue; Kathleen Eric, 1826 Placentia Avenue; Christian Eric, 1826 Placentia Avenue; Janice Davidson, 1982 Arnold Avenue; Mike Berry, 2064 Meadow View Lane; Cathy Waters, 1926 Wallace Avenue; John Feeney, 1154 Dorset Lane; and Paul Bunney, Post Office Box 11024. The following Costa Mesa residents supported the appointment of Mike Scheafer: Larry Weichman, 1175 Boise Way; Karl Ahlf, 157 East 23rd Street, No. A; and Sharon Sutton, 891 Joann Street. Robin Leffler, 3025 Samoa Place, Costa Mesa, took issue with members of the public who "bashed" City Council members, stating that she respected each member of the Council for serving the City. She thought that Eric Bever would weigh every issue as well as listen to the residents. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, suggested appointing a candidate who is hard working, honest, and issue oriented. She did not feel that being associated with one area of the City should be a drawback for a candidate. Council Member Mansoor supports Eric Bever who is a good listener, calm, reasonable, and noted that Mr. Bever will focus on all issues in the City. Council Member Cowan thanked those who had contacted her in the two previous weeks. Mayor Pro Tem Steel indicated that Eric Bever has been involved with City-wide issues and supported his appointment. MOTION/To Appoint A motion was made by Mayor Pro Tem Steel, seconded by Council Eric Bever Failed to Member Mansoor, to appoint Eric Bever as a member of the City Carry Council. The motion failed to carry 2-2, Council Member Monahan and Council Member Cowan voting no. MOTION/To Appoint A motion was made by Council Member Cowan, seconded by Mike Scheafer Failed Council Member Monahan, to appoint Mike Scheafer as a member to Carry of the City Council. The motion failed to carry 2-2, Mayor Pro Tem Steel and Council Member Mansoor voting no. MOTION/To Continue A motion was made by to Mayor Pro Tem Steel to continue this Died item to a special meeting of the City Council on Monday, May 12, 2003, to be held in the Council Chambers. The motion died for lack of a second. Council Member Cowan proposed that Wait Davenport be considered for the appointment, stating that he is a stabilizing force in the community who has devoted many years to the Planning Commission and has an understanding of the issues. MOTION/To Appoint A motion was made by Council Member Cowan to appoint Walt Walt Davenport Died Davenport as a member of the City Council. The motion died for lack of a second. RECESS Mayor Pro Tem Steel declared a recess at 9:20 p.m., and reconvened the meeting at 9:40 p.m. The City Attorney reported that there is an additional option available to Council to fill the vacancy which is adoption of an ordinance setting up a specific procedure governing how the vacancy is filled. He indicated that the new ordinance would cover appointment of an interim person to fill the vacancy until the next special election, November, 2003, or until the next regular general election, November, 2004. MOTION/To Continue A motion was made by Council Member Monahan, seconded by Failed to Carry Council Member Mansoor, to continue this item to a special Council meeting on May 12, 2003, directing the Acting City Attorney to prepare an ordinance relating to the appointment of an interim City Council Member, and requesting a response from the candidates regarding their views on Fairview Park and the 19th Street bridge. Council Member Cowan opposed the motion believing that there is one candidate on the 26 -name list who could be agreed upon for appointment. Mayor Pro Tem Steel supported the motion which he felt would allow one more week to break the deadlock between Mr. Sheafer and Mr. Bever and to review the options. Council Member Monahan suggested that Council put their questions in writing which the candidates could then review prior to the meeting. SUBSTITUTE A substitute motion was made by Council Member Mansoor to MOTION/To Nomi- nominate Wendy Leece. The motion died for lack of a second. ate Leece Died Mayor Pro Tem Steel, suggested that each Council Member make a nomination from the remaining 24 candidates to ascertain if there is someone that could obtain three votes. The City Manager offered to prepare write-ups and examples of "blind processes" as proposed by Council Member Mansoor. Council Member Cowan was concerned about moving the Planning Commission meeting in order for Council to have their special meeting on May 12, 2003, in the Council Chambers, referring specifically to noticed public hearings which should be held in the location specified. The original motion to continue failed to carry 2-2, Council Member Cowan and Council Member Mansoor voting no. MOTION/Approved A motion was made by Council Member Cowan, seconded by Public Comment Council Member Mansoor, and carried 4-0, to allow public comment. Chris Blank, 3160 Gibraltar Avenue, Costa Mesa, thought that having four Council Members for the next few months is workable, recommending that the public decide the new member at a special election. 1 1 Bill Polder, 1628 White Oak Street, Costa Mesa, thought that the appointed . interim Council Member should not be listed as an "incumbent" on the ballot. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, proposed allowing one of the proposed candidates to serve for three months and the other for the remaining three months as a solution. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, thought that appointing a member for six months, with a special election in November, 2003, to elect a candidate to serve for one year was an unstable situation. She urged the selection of someone this evening. Michael Szkaradek, 1555 Mesa Verde Drive East, Apt. 54B, Costa Mesa, agreed with Ms. Genis that an appointment should be made this evening, and believed that the ballot designation, as mentioned above, would be "appointed incumbent". He observed that the list contains other candidates that are qualified. Joe Howard Grisham, 957 Sonora Road, Costa Mesa, supported the continuance, stating that it would provide the opportunity to review the candidates. He felt that both gentlemen are well qualified. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, thought that Mike Scheafer and Eric Bever should be the only candidates in a special election. The Acting City Attorney confirmed with Mayor Pro Tem Steel that the election cannot be limited to two candidates. Paul Flanagan, 3090 Bali Circle, Costa Mesa, concurred with Council Member Cowan, believing that the list contains very qualified persons. Robert Graham, 3260 Dakota Avenue, Costa Mesa, supported flipping a coin to determine between the two candidates. Council Member Cowan, in her opposition to the motion, observed that the decision could be made this evening and expressed her willingness to remain on the dais to determine a procedure by which this may be accomplished. Council Member Mansoor indicated his support of this suggestion. Council Member Cowan proposed that each Council Member review the list of 26 names, listing three to five names in order of preference, and presenting the list to the Deputy City Clerk to review. As an alternative, she proposed that each Council Member nominate a candidate, and continue the procedure until a 3-1 or a 4-0 vote is reached. MOTION/To Deter- A motion was made by Council Member Mansoor to have each mine Procedure Council Member select three names from the list of 26, in order of Died preference, with the highest point getter being the new Council Member. The motion died for lack of a second. Mayor Pro Tem Steel suggested that Council Member Monahan reiterate his previous motion. He stated that Mr. Scheafer and Mr. Bever will be voted on at the special meeting, and if that fails, new names will be considered. He objected to leaving the Council seat open until November, 2003. Council Member Cowan proposed that each Council Member nominate someone from the list, if it is seconded, it is voted on, if not seconded, the next person gets to nominate. Mayor Pro Tem Steel supported eliminating the second because he thought that no nomination would receive a second. MOTION/To Leave A motion was made, by Council Member Cowan to hold the Seat Vacant Died vacancy to a special election to be held in November, 2003. The motion died for lack of a second. MOTION/Continued A motion was made by Mayor Pro Tem Steel, seconded by Council to Special Meeting of Member Monahan, to continue this item to a special Council May 12, 2003 meeting on May 12, 2003, directing the Acting City Attorney to prepare an ordinance relating to the appointment of an interim City Council Member, and requesting a response from the candidates regarding their views on Fairview Park and the 19th Street bridge. Heather Somers, 313 Robin Hood Lane, Costa Mesa, thought that Council did not have to wait until November, 2003, to hold a special election, stating that it could be held within 114 days of the resignation. The Acting City Attorney provided the information that the special election needs to be held at the next established election date which is November 4, 2003. The motion carried 3-1, Council Member Cowan voting no. Appointment of Mayor The Deputy City Clerk presented the appointment by the City Council of the Mayor for the City of Costa Mesa. MOTION/To Postpone A motion was made by Mayor Pro Tem Steel to fill the positions of Appointment Died Mayor and Mayor Pro Tem after the Council Member position is filled. The motion died for lack of a second. MOTION/Monahan A motion was made by Council Member Mansoor, seconded by Appointed Mayor Council Member Cowan, and carried 4-0, to appoint Council Member Gary Monahan as Mayor. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place 2003-2004 COPS/ set for the public hearing to review and consider the SLESF recommendations of the Police Department for the 2003-2004 allocation of the Citizens' Option for Public Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF). The Affidavit of Publication is on file in the City Clerk's office. The Police Administrative Services Commander summarized the Agenda Report dated April 16, 2003. Council Member Cowan reiterated her concern that the City is depending on "someone else's money" for a staffing position, asking if the money is safe for this year. The Administrative Services Commander' replied that the state has yet to allocate the funds. The City Manager said that this would be a General Fund obligation should state funds not be available. Council Member Mansoor suggested that a portion of the monies be utilized to fund foot and/or bicycle ,patrol near 19th Street and Placentia Avenue, specifically directed towards the Avalon bar, 820 West 19th Street, upon its opening. MOTION/Approved On motion by Council Member Cowan, seconded by Council Allocation Member Mansoor, and carried 4-0, the allocation was approved. rl 1 1 177 OLD BUSINESS The Deputy City Clerk presented a Request for Rehearing from Request for Rehearing Council Member Mansoor and a Request for Rehearing from Costa for 1901 Newport, Mesa Citizens for Responsible Growth, regarding the City Council's Kennedy/Rutter approval at the Special Joint Meeting of the City Council and Development Redevelopment Agency on April 14, 2003, of the Kennedy/Rutter Development, a 161 unit residential condominium project at 1901 Newport Boulevard, including Final Environmental Impact Report No. 1050; General Plan Amendment GP -02-04; an ordinance amending Title 13 of the Costa Mesa Municipal Code; Final Master Plan PA -02-11; and the inclusionary housing plan. A communication was received from Terry Shaw, 420 Bernard Street, Costa Mesa, opposing the project and supporting the rehearing. The Associate Planner reviewed the Agenda Report dated April 24, 2003. Council Member Mansoor reported that he had requested the rehearing because he felt that clarification was needed on the following: the exact duration of the "shade and shadow" on the building; and, regarding the effective date of the amendment which is 30 days after second reading of the ordinance, he asked if it is appropriate to process the application prior to that time. The Acting City Attorney replied that the City's approval of the master plan for the site and the resolutions would, by implication, not take affect unless and until the ordinance changing the floor area ratio and height limitation is in effect. He replied to further questions from Council. Robin Leffler, 3025 Samoa Place, Costa Mesa, Vice President of Costa Mesa Citizens for Responsible Growth, believed that three hours of sunlight a day is not acceptable and should not be set as a standard in the City. She showed photographs illustrating the areas shadowed by the condominiums. She reported that the environmental impact report is contradictory, unclear, confusing, and inadequate, and provided examples. Mrs. Leffler reiterated that the EIR issue is clear cut and unambiguous, and asked that it be redone prior to a rehearing. Paul Flanagan, M.D., 3090 Bali Circle, Costa Mesa, President of Costa Mesa Citizens for Responsible Growth, reported that staff had announced that consistency with the 2003 Air Quality Management Plan is not relevant until the plan is adopted by the Southern California Air Quality Management District and approved by the Environmental Protection Agency. He added that changes had been made which have not been taken into consideration when the City made its judgments. He added that the California Air Resources Board had changed standards which also are not reflected in the numbers studied and upon which the decisions were made. Dr. Flanagan suggested that Council consider the recommendation by various California councils to ascertain correct numbers and conclusions. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, consultant for Costa Mesa Citizens for Responsible Growth, addressed "standards" discussed in the EIR hearing regarding air quality, shade and shadow, etc., and reported that the environmental document should not be based on a conclusory statement. She pointed out that the EIR should reflect local standards, and indicated that the final determination of significance with respect to individual projects is the responsibility of the lead agency, not the consultant. Ms. Genis felt that the agency should also rely upon its general plan as a source of environmental standards, and believed that if the EIR is difficult to interpret, it is by definition inadequate because the role of the EIR is to inform. Addressing economic issues, she felt that the economic impact of the project should be considered, noting that monies generated would be directed to the redevelopment area, not the general fund. She felt that there is confusion with the concept of concurrent processing which is a procedural problem, and opined that there is sufficient new information to grant a rehearing. Robin Leffler urged Council to investigate the matter of a missing minor modification, citing a four - foot encroachment which she did not believe has been allowed. Dave Eadie, Rutter, Development, 18012 Cowan, Suite 200, Irvine, thought that staff had done a thorough job by stating in the agenda report that the assertions contained in the applications for rehearing do not "hold water". Regarding the shade and shadow impacts, he reported that they had conducted their own analysis which contradicted the assumptions put forth by the applicants. Dave Ruffell, owner of the shopping center at 1925 Harbor Boulevard, Costa Mesa, thought that many issues have not been addressed, and expressed concern regarding parking. He asked to meet with staff, and commented for the record that, "we are not giving up our air space." He retained the right to expand his center by building up. Terry Shaw, 420 Bernard Street, Costa Mesa, suggested that the City should live by the same rules that it imposes on everyone else, and reported that when he purchased his home over a year ago, there was nothing in the general plan to indicate that the 1901 Newport Boulevard property would do anything but remain in its current form. He felt that the development should adhere to the guidelines adopted for the entire City. Heather Somers, 313' Robin Hood Lane, Costa Mesa, feared that the environmental impact report is incomplete, and for that reason the proposal for 1901 Newport Boulevard should be considered for rehearing. She judged that the estimated minus 40 parking spaces is actually a greaten number, noting that 1,500 spaces could actually be required where the environmental impact report states that 863 would be sufficient. Addressing traffic circulation, she stated that the EIR did not conduct a number count for the weekends, and noted that the surrounding neighboring streets and intersections will be 'too adversely impacted with the level of density proposed for the residential/commercial mixed use. Mrs. Somers observed that if this plan moves forward in its entirety, it will set further precedent for future development and the conditions which support removal of the 19th Street and Gisler Avenue bridges from the County's Master Plan of Arterial Highways will no longer exist. i Sandy Johnson, 344 Cabrillo Street, Costa Mesa, supported the rehearing, observing that the public did not have the same amount of time as the applicant to speak. She felt that the project had been allowed to be more dense than appropriate and allowances had been made with parking issues. She believed that the project was receiving favors from the City which would remain for a long time. Tamar Goldmann, 2324 College Drive, Costa Mesa, found it ironic that discussions regarding second -story additions were belabored yet the hearing for a� massive change in the character of Costa Mesa is rushed through. She asked that the application be reheard. 1 1 1 Beth Refakes, 320 Magnolia Street, Costa Mesa, felt that the project has major problems and is not appropriate for the location, nor has it thoroughly been reviewed for impact on residents in the neighborhood concerning shade and shadow and traffic impact. She suggested that the project could be redefined at a lower density. Bill Turpit, 1772 Kenwood Place, Costa Mesa, visualized the downtown area as vibrant, thriving, and a higher density neighborhood than anywhere is Costa Mesa other than the South Coast Metro area. He supported the 1901 Newport Boulevard property as appropriate for higher density, and mentioned that property values in adjacent properties will increase. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, felt that the project is appropriate to the location, noting that it will add life to the area businesses, as well as those on West 19th Street. He agreed that the shade and shadow problem and traffic are troubling issues but thought that the project overall is a good one. Neil Davidson, east side Costa Mesa resident, asked why the developer was required to provide low-income or moderate -cost housing, and what is the plan to mitigate the traffic at 19th Street and Newport Boulevard. He observed that the developer is requesting spot zoning and 25 units more per acre than allowed. A business owner on Newport Boulevard was concerned about parking which will overflow into her parking area. She indicated that present parking is inadequate, and additional cars will impact her customers. She did not oppose the building per se, only the density. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, reported that the shade and shadow figures were not provided to dispute those in the EIR but as supplemental information. She indicated that there had been an amendment to the redevelopment plan and the project did not fully reflect state law in regards to affordable housing in the redevelopment area, neglecting the requirement that 40 percent of the affordable units be provided to very low income households. Ms. Genis would like the aforementioned added. She believed that enough new information had been provided regarding air quality, additional shadowing profiles, and procedural issues to warrant a rehearing. Robin Leffler, 3025 Samoa Place, Costa Mesa, responded to Mr. Eadie's comment that Ms. Genis's analysis of the shade and shadow figures was "down and dirty" by stating that it was actually extremely precise and mathematical. She commented on Heather Somers reference to growth inducing impacts by stating that this is a general plan issue which has not been discussed to date. MOTION/To Grant A motion was made by Council Member Mansoor, seconded by Rehearing Failed to Mayor Pro Tem Steel, to grant a rehearing based on incomplete Carry information regarding shade and shadow. Council Member Cowan felt that some of the information which had been presented was a "dispute of information" as opposed to new information, believing that to grant a rehearing the information must be new and relevant evidence which was not available at the previous hearing. The Acting City Attorney agreed that "dispute of information" did not warrant a rehearing. The Development Services Director and Associate Planner responded to questions. U9 The motion failed to carry 2-2, Mayor Monahan and Council Member Cowan voting no. The Acting City Attorney stated that under the Costa Mesa Municipal Code the tie vote constituted no action so that this matter will be brought back to the Council meeting of May 19, 2003. MOTION/To Deny A motion was made by Mayor Monahan, seconded by Council Rehearing Failed to Member Cowan, to deny the rehearing. Carry Council Member Cowan appreciated the work and effort done in the request for rehearing but did not hear anything which would be considered new evidence. The motion failed to carry 2-2, Mayor Pro Tem Steel and Council Member Mansoor voting no. RECESS The Mayor declared a recess at 12:05 a.m., and reconvened the meeting at 12:10 a.m. In response to a question from Mayor Monahan, the City Manager indicated that New Business No. 1, Business Improvement Area reauthorization, because of timing requirements under State law, should be acted upon this evening. Council Member Cowan announced that she would be out of town for the meeting of May 19, 2003, and would like to be in attendance for discussion of the shopping cart ordinance. Regarding the Westside bluffs general plan amendment/rezone study, Council Member Mansoor suggested that the overlay should be addressed if it is to be continued. The City Manager offered to prepare an addendum to the agenda report outlining how the overlay zone might be expanded with that alternative for the bluff area. Mayor Monahan asked for background information on the consultant. MOTION On motion by Mayor Monahan, seconded by Council Member Cowan, and carried 4-0, the following action was taken: Continued Westside Old Business Item No. 2, Westside bluffs general plan Bluffs to May 19, 2003 amendment/rezone study and consultant contract status report, was continued to the meeting of May 19, 2003. Continued Costa Mesa New Business Item No. 2, Proposed new official City of Costa Flag to May 19, 2003 Mesa flag, was continued to the meeting of May 19, 2003. Continued Trash New Business Item No. 3, Trash enclosure exemption for Exemption to May 19, recycling program's, was continued to the meeting of May 19, 2003 2003. Continued Shopping New Business Item No. 4, Shopping cart ordinance, was Carts to June 2, 2003 continued to the meeting of June 2, 2003. Continued Budget New Business Item No. 5, Fiscal Year 2003-2004 Budget Strategies Development Strategies, was continued for at least 30 days. Gilbert Canizales, California Grocers Association, 555 East Ocean Boulevard, Long Beach, regarding the shopping cart ordinance, noted that all major retailers are in attendance, and reported that they are looking forward to following up on the continued ordinance. F7 1 ri NEWBUSINESS The Deputy City Clerk presented Business Improvement Area BIA Reauthorization (BIA) reauthorization: Annual report for Fiscal Year 2003-2004. Resolution declaring the intention to levy an annual assessment for Fiscal Year 2003-2004 for a Business Improvement Area covering certain Costa Mesa hotels and motels. The Legislative and Public Affairs Manager reviewed the Agenda Report dated April 23, 2003. Joe DeDio, President of the Costa Mesa Conference and Visitors Bureau, Post Office Box 5071, Costa Mesa, thanked Council for their support, and announced that the Bureau is the recipient of five awards this year. MOTION/Approved On motion by Council Member Cowan, seconded by Mayor Pro Annual Report; Tem Steel, and carried 4-0, the annual report was approved, and Adopted Resolution Resolution 03-29 was adopted: A RESOLUTION OF THE CITY 03-29 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2003-2004 FOR A BUSINESS IMPROVEMENT AREA COVERING CERTAIN COSTA MESA HOTELS AND MOTELS AND SETTING THE TIME AND PLACE OF A PUBLIC HEARING ON PROPOSAL, for June 16, 2003. COUNCIL Council Member Cowan asked that the contract with the company COMMENTS in charge,of the Signs of Support program be reviewed, suggesting Signs of Support that this be accomplished through the budget process. In her conversations with persons who have participated in the program, she noted their upset about changes that had been made. She C.R.A.C. asked that a discussion regarding the Community Redevelopment Action Committee (C.R.A.C.) be added to the Redevelopment Agency agenda for May 12, 2003, specifically in regards to the continuation of the committee, an update on review of the contract with the consultants, and the direction the Redevelopment Agency has planned for the group. ADJOURNMENT The Mayor declared the meeting adjourned at 12:25 a.m. ( yt, 1, �_ Mayor of the Cit of Costa Mesa ATTEST: DeputvCity Clerk of -the City of Costa Mesa