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HomeMy WebLinkAbout05/19/2003 - City Council1_S6 ROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA May 19, 2003 The City Council of the City of Costa Mesa, California, met in regular session May 19, 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 Monahan, followed by the Pledge of Allegiance to the Flag led by Council Member Mansoor, and an opening prayer by Mayor Monahan. Council Members Present: Mayor Gary Monahan Mayor Pro Tem Chris Steel Council Member Allan Mansoor Council Member Mike Scheafer Council Members Absent: Council Member Cowan Officials Present: City Manager Allan Roeder Acting City Attorney Tom Wood Development Services Director = -Donald Lamm _Public Services Director William Morris _ = .- Manning and Redevelopment Manager Mike Robinson — - -= ._Associate Planner Claire Flynn _ Management Analyst Carol Proctor Deputy City Clerk Julie Folcik MINUTES/April 14, On motion by Mayor Pro Tem Steel, seconded by Council Member April 21, and May 5, Mansoor, and carried 4-0, Council Member Cowan absent, the 2003 Meetings minutes of the special joint meeting of April 14, 2003, the special meeting of April 14, 2003, and the regular meetings of April 21, and May 5, 2003, were approved as distributed. ORDINANCES AND A motion was made by Mayor Monahan, seconded by Mayor Pro RESOLUTIONS Tem Steel, and carried 4-0, to read all ordinances and resolutions by title only. PUBLIC COMMENTS Michael Szkaradek, 1555 Mesa Verde Drive East, Costa Mesa, Traffic Hazards advised of the traffic hazard created by the newly installed gate on Golf Course Drive at the Vista Del Lago complex. He explained that the required key or pass access creates a back-up of vehicles onto the street. He also reported he has observed, at the end of each month, several vehicles and moving vans, parked in the red zones outside of the complex with their emergency lights flashing, Election Ballots making it difficult to get into or out of the complex. Mr. Szkaradek suggested that the Council explore the state election code procedure that allows for the names of the candidates for City Council to be rotated on the ballots and recommended the rotation for the next two election ballots, stating that there have been two council members, since 1984, who may have won the election due to the advantage of their ballot positions. Paularino Park Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, reported a continuing problem of individuals playing soccer at Paularino Park, which does not have a ball field, and was After School Daycare concerned of the dangers created as a result. He also spoke of the after-school daycare at Paularino School stating that he has 1 1 1 1 seen "gang members" hanging around the children and the teachers and suggested limiting the access of the school grounds, after the school closes for the day, to only that of the school children. Council Agenda Sandy Johnson, 344 Cabrillo Street, Costa Mesa, requested that the Council agenda not be overloaded with important business, as decisions of great significance should not be made in the early Mobile Home Parks morning hours. Regarding the EI Nido and Snug Harbor Mobile Home Park Conversions, she asked the Council to consider the senior citizens and disabled people that would be displaced, and the affordable housing that would be eliminated. Ms. Johnson also commented that the proposed development at 1901 Newport Boulevard was too dense, and would likely cause an increase in traffic problems. 1901 Newport June McKenzie, 165 East 19th Street, Costa Mesa, commented on Boulevard the density and the height of the condominiums proposed at 1901 Newport Boulevard. She disagreed with the approved parking variance for the project stating it will cause a hardship on the residents of the surrounding streets. She suggested reducing the project density and thereby the traffic density in an already very impacted area. Centerline Project Frank Forbath, 2880 Club House Road, Costa Mesa, announced that Centerline will be on the ballot for the City of Irvine on June 3, 2003, and expounded on the benefits of Centerline to Costa Mesa businesses, South Coast Plaza, and, Metro Point, pointing out that it could reduce traffic, parking, and pollution. He asked Council Members, staff and residents of Costa Mesa to make a phone call to encourage Irvine residents to vote in support of the Centerline project on June 3, 2003, by voting yes on Measure "A" and no on Measure "B." 1901 Newport Sharon Sutton, 891 Joann Street, Costa Mesa, supported the Boulevard request for rehearing of the 1901 Newport Boulevard project due to the new evidence provided at the previous meeting, and opposed the density and the approved variances. She suggested that changes could be made to the project to reduce the impacts but thought Council had "made up its mind" regarding the rehearing. Robin Leffler, 3025 Samoa Place, Costa Mesa, stated the 1901 Newport Boulevard project represents an acceleration of density, and provides the developer with considerable entitlements to the property that were not previously allowed. She expressed concern that the General Plan, which offers a consistent vision and plan for the City can be easily changed to suit the project and suggested that the City facilitate a community wide visioning or a General Plan hearing process to gather community opinion as to the type of changes that the community would be agreeable to under the general plan. Long Beach Airport Dennis Ashendorf, 3210 Montana Avenue, Costa Mesa, suggested that the City Council schedule a presentation from Chris Kuntz, the Manager of Long Beach Airport, regarding the proposed increase in flights at the Long Beach Airport. He explained that currently a noise study review to allow more aircraft is being conducted, with results to be completed by October 15, 2003, and a decision to be made by November 1, 2003. He felt that the presentation would offer a better understanding of the issues but also offered the website, www.onlinehb.com/lqb, where a power point presentation could be accessed for more information. He explained that the UNK airport is one of six airports with grandfathered ordinances explaining that the ordinances for Long Beach are based on noise and not on the number of aircraft allowed. Council Member Mansoor confirmed with the City Manager that the City is awaiting documentation from the Orange County Regional Airport Authority (OCRAA) on efforts made, since January, relative to the concerns in protecting residents on the Westside and Mesa Verde area from the overflights into Long Beach Airport. The City Manager stated that a presentation by OCRAA will be scheduled to present information on the status of the proceedings. 1901 Newport Kathleen Eric, no street address given, expressed her support of Boulevard the rehearing for the 1901 Newport Boulevard project and less density for the Westside. Barbara Beck, 443 Flower Street, Costa Mesa, thanked Mayor Pro Tem Steel for attending the Costa Mesa High School drunk driving simulation program. Ms. Beck was in favor of the rehearing on the 1901 Newport Boulevard project, due to density of the project and the added concern for the children who would be living in the complex and would not have a place to play and pointed out that the complex is surrounded by three major intersections. Chris Generic, no street address given, expressed his support of the rehearing regarding the 1901 Newport Boulevard project, and described it as a "radical departure from the General Plan that is over the top" and felt that it would set a bad precedent for future development. Wendell Mayberry, 414 Bernard Street, Costa Mesa, a resident that lives directly behind the 1901 Newport Boulevard project stated that he supports the project, in concept, but as proposed the project was "too tall and too dense for the area", and will cause further traffic problems. Lion's Park Beth Refakes, 320 Magnolia Street, Costa Mesa, complimented the City on the recently installed marker at the entrance to Lion's Park, which greatly' enhances the appearance of the park entrance, and will be: helpful to new residents of the area. She Online Agenda expressed her appreciation of the availability of the council agenda Reports reports on the City's website. To an inquiry by Ms. Refakes, the City Manager advised of the intention to include the agenda reports for the City Planning, Commission, the Redevelopment Agency, Centerline and the Parks Commission, on the city's website. She also commented about Centerline and expressed concern that the project has been "embraced by City officials but without adequate 1901 Newport input from the community", and suggested that the City conduct Boulevard town hall meetings to solicit input from residents to insure that there is a need for the project. She also supported a rehearing for 1901 Newport Boulevard, due to the density of the project. In response to Council Member Mansoor the City Manager reported that an official position has been made by the City Council in support of the Centerline project and reported on the status of the alignment. 1901 Newport Katharine Bequette,' .2349 College Drive, Costa Mesa, in Boulevard supporting the rehearing for 1901 Newport project, made a comparison with the. Costa -Newport, a senior citizen housing project, and advised of the experiences of the neighbors she had interviewed that lived behind the complex. She reported that 1 neighbors had expressed complaints of the invasion of privacy, noise issues, as well as the concern of skateboarders in the underground parking facility. She also advised of her personal experience of the shadowing effect from the "unsightly" brick wall from the Home Depot Center directly across from her home. Eileen Jones, 2995 Ceylon Drive, Costa Mesa, commented on the enormity of the proposed project at 1901 Newport Boulevard. She detailed her difficulties in traveling the area due to the current traffic and surmised that it will increase. She expressed concern that approval of the project would set a precedent for higher density on small parcels of land throughout the City and felt is was a departure from the vision of the City when she had first moved to Costa Mesa. "The Democratic Idea" Irene Shannon, 1640 Newport Boulevard, No. 17, Costa Mesa, read an excerpt from a sermon that was written in 1850 regarding "The Democratic Idea". 1901 Newport Tamar Goldmann, 2324 College Drive, Costa Mesa, shared her Boulevard concern regarding the 1901 Newport Boulevard project, and asked that the City's development standards be reexamined with emphasis on the impact and parking issues. She discouraged the use of Los Angeles as a standard for urbanization and encouraged the use of standards that suit a "suburban way of life." 19th Street Bridge Robert Graham, 3260 Dakota Avenue, Costa Mesa, welcomed newly appointed Council Member Scheafer, and proceeded to ask Council to reexamine the 19th Street Bridge for the economic and social impact for the Westside. He commented that the City needs Fairview Park more access to recreation and thought that the lower parking lot and the Canary Drive access to Fairview Park should be reconsidered. He further suggested the consideration of issues such as the absence of soccer fields, the repair of potholes, and to assess the potential long-term benefits of proposed projects. Regarding the 1901 Newport Boulevard project, Mr. Graham recommended that Bernard Street be extended to Newport Boulevard for better traffic flow. Childs' Comments Jeffrey Childs, 1139 Aviemore Terrace, Costa Mesa, addressed the Council encouraging "equal treatment for everyone under the law," and reiterated his objection to the proposed building restrictions for Aviemore Terrace residents. Mobil Home Parks Terry Shaw, 420 Bernard Street, Costa Mesa, reiterated the need for Council to help the citizens who live in mobile home parks. He Development Projects felt that there was subjectivity in the approval of projects, recommended the following of established guidelines, and asked that the same criteria be applied equally to all projects. He also advised that neither he nor his neighbor, Mr. Mulberry, were contacted by the developer for 1901 Newport Boulevard as was reported. 1901 Newport Shannon Lamar, 209 Rose Lane, Costa Mesa, shared her Boulevard experience and observation of the rapid changes in the traffic in the area due to Newport Boulevard congestion problems and further commented that the additional impact of the 1901 Newport Boulevard project will cause a decline in the quality of life in Costa Mesa. She asked that Costa Mesa not become "urbanized" like Los Angeles. Parking Variances Don Elmore, 2209 Wallace Avenue, Costa Mesa, asked that variances not be given for new developments in the City, observing that parking variances have been granted for every project that has been approved which has contributed to the current parking Red Light Cameras problems. Mr. Elmore inquired about the installation of the red light cameras throughout the City. The Public Services Director confirmed a camera installation at Harbor Boulevard and Adams Avenue and commented that it was close to completion. The City Manager also reported that the following locations are being considered for additional red light cameras: 19th Street and Newport Boulevard, Fair Drive and Del Mar Avenue/Newport Boulevard, and Harbor Boulevard at Baker Street. View Preservation Robert Reeder, owner of property at 1127 and 1131 Aviemore Terrace, Costa Mesa, provided a photograph illustrating the view behind/above a two-story home located on Aviemore Terrace, and concluded that the views would not be obstructed unless three story homes were built. Therefore, he requested that Aviemore Terrace not be included in the view preservation area of the proposed view preservation ordinance. CONSENT On motion by Mayor Pro Tem Steel, seconded by Council Member CALENDAR Mansoor, and carried 4-0, all Consent Calendar items were MOTION/Approved approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Antimite Assoc., Inc.; Isamu Bannai; Mary Jane Blanchard; and Scott Hagen. ABC Licenses Request for Alcoholic;Beverage Control (ABC) Licenses from: Sensasian Restaurant, 585 Anton Boulevard, for a premise -to - premise and person-to-person transfer of a Type 47 (on -sale beer and wine .for a bona fide eating place) and a Type 58 (caterer's permit) ABC License. Ahhh Wasabi (formerly Bangkok Thai), 1969 Harbor Boulevard, for a person-to-person transfer of an existing Type 41 ABC License (on -sale beer and wine for a bona fide eating place). Marina Liquor, 895 West 19th Street, for a person-to-person transfer of an existing Type 21 ABC License (off -sale general). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1952, funding City operating expenses for 1952 $1,176,409.98. Approved Warrant Warrant Resolution 1953, funding Payroll No. 310 for 1953/Payroll No. 309A $2,032,430.45, Payroll No. 309A for negative $495.61, and and No. 310 City operating expenses for $593,071.17, including payroll deductions. ADMINISTRATIVE Resolution 03-31 was adopted: A RESOLUTION OF THE CITY ACTIONS/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 03-31 to AUTHORIZING THE FIRE CHIEF AND/OR POLICE CHIEF TO Obtain Federal Grant EXECUTE ANY ACTIONS NECESSARY FOR THE PURPOSE OF OBTAINING FEDERAL FINANCIAL ASSISTANCE UNDER THE STATE DOMESTIC PREPAREDNESS PROGRAM. r- 1 -93 Final Map and Sub- The Final Map and Subdivision Agreement for Tract No. 16416, Division Agreement for located at 1325 Sunflower Avenue, to subdivide one lot into 98 Tract No. 16416 lots, consisting of 73 lots for residential use and 25 lots for private streets and common open space, were approved, and the City Engineer, Mayor, and Deputy City Clerk were authorized to sign on behalf of the City. Accepted Street Im- Street. improvements at 140 East 19th Street were completed to the provements at 140 satisfaction of the Public Services Director by Joseph Cefalia, 818 East 19th Street by West Balboa, Newport Beach, in connection with Encroachment Joseph Cefalia, PS01- Permit No. PS01-00114 (PA -00-07). The work was accepted, and 00114 (PA -00-07) the bonds were ordered exonerated. Accepted Street Im- Street improvements at 199 Mesa Drive were completed to the provements at 199 satisfaction of the Public Services Director by Temir Sacuy, 199 Mesa Drive by Temir Mesa Drive, Costa Mesa, in connection with Encroachment Permit Sacuy, PS02-00079 No. PS02-00079 (DR -99-26). The work was accepted, and the (DR -99-26) bonds were ordered exonerated. Rejected Bids for Bids for Construction of Picnic Trellis and Other Site Improvements Construction of Picnic at Mesa Verde Park, 1795 Samar Avenue, Project No. 03-08 are Trellis, Project 03-08 on file in the City Clerk's Office. Staff was directed to reject all bids, and readvertisement of the project was authorized. Approved Purchase of Purchase of three traffic signal controller cabinets was approved Traffic Signal from Econolite Control Products, Inc., 3360 La Palma Avenue, Controller Cabinets Anaheim, for $35,764.38. Adopted Resolution Resolution 03-32 was adopted: A RESOLUTION OF THE CITY 03-32/Sole Source COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO Purchase from Myers AUTHORIZE AND AWARD A SOLE SOURCE PURCHASE OF Power Products, Inc. TRAFFIC SIGNAL BATTERY BACK-UP SYSTEMS; the agreement was approved with Myers Power Products, Inc., 9603 John Street, Santa Fe Springs, for $171,792.07, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. PUBLIC HEARING Mayor Monahan announced that a minor design issue was Application Withdrawn resolved between the applicant and the neighbors and therefore Minor Design Review withdrew his application appealing the Planning Commission's ZA-02-60/256 Rose approval of Minor Design Review ZA-02-60 for Jeff Mayland, Lane authorized agent for John Rice, for a second -story addition to an existing single-family residence, with an exemption from garage width requirements due to inadequate garage dimensions (20' required; 19' exists), located at 256 Rose Lane, in an R1 (Single - Family Residential) zone. Environmental Determination: Exempt. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Ordinance Amending set for the public hearing to consider an ordinance amending Title Title 13/Accessory 13 of the Costa Mesa Municipal Code regarding review Apartments requirements for accessory . apartments (second units). Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's Office. The Development Services Director reviewed the Agenda Report dated May 8, 2003, and responded to questions from Council. Don Elmore, 2209 Wallace Avenue, Costa Mesa, reported to the Council that a neighboring property has a "granny unit" that is built on the property line and showed an illustration. He encouraged setback requirements for all residential structures. .9 The Development Services Director responded that currently there is a setback requirement but indicated that there was a period of time (1950's and 1960's) when a zero setback for garages and accessory buildings was allowed. There being no other speakers, the Mayor closed the public hearing. MOTION/Ordinance A motion was made ,by Council Member Mansoor, seconded by 03-4 First Reading Council Member Scheafer, and carried 3-1, Mayor Pro Tem Steel Accessory Apartments voting no, to give Ordinance 03-4 first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF .COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE 'REGARDING REVIEW REQUIREMENTS FOR ACCESSORY APARTMENTS. Second reading and adoption are scheduled for the meeting of June 2, 2003. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Master Plan Review set for the public hearing to consider Master Plan Review PA -03 - PA -03-01 Orange 01 for Gruen Associates, authorized agent for Kerry County Performing Madden/Orange County Performing Arts Center symphony hall, Arts Center Symphony located at 615 Town Center Drive in a TC (Town/Country) zone. Hall Environmental Determination: Final Program Environmental Impact Report No. 1047. The Affidavits of Publication and Mailing are on file in the City Clerk's Office. The Development Services Director reviewed the Agenda Report dated May 1, 2003. Jerry Mandell, President, Orange County Performing Arts Center, 615 Town Center Drive, Costa Mesa, showed a videotape of the groundbreaking ceremony, gave a brief presentation, and advised that the new Orange County Performing Arts Center and Symphony Hall will be "the preeminent performing arts center in the country" in performance capabilities. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, suggested the name be changed to the "Costa Mesa Performing Arts Center." There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Mansoor, seconded by Resolution 03-33 Mayor Pro Tem Steel,, and carried 4-0, to adopt Resolution 03-33: Approving PA -03-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MASTER PLAN PA - 03 -01. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 5, 2003, Bid Item No. 1073 Award of Bid Item No. 1073, Purchase of Five New 2003 Hybrid Purchase of Five Gasoline/Electric 4 -Door Sedans. The Public Services Director Sedans reviewed the Agenda Report dated May 8, 2003, and he and the City Manager responded to questions from Council. Don Elmore, 2209 ',Wallace Avenue, Costa Mesa, requested that that the City aggressively seeks solicitation from Costa Mesa businesses, for all future city bids. MOTION/Awarded to On motion by Council Member Mansoor, seconded by Council Tustin Toyota Member Scheafer, and carried 4-0, Bid Item No. 1073, Purchase of Five New 2003 Hybrid Gasoline/Electric 4 -Door Sedans, was awarded to Tustin Toyota, 44 Auto Center Drive, Tustin, for $105,454.93, and staff was directed to prepare an ordinance to amend the municipal code to provide for a local preference in the purchase of certain supplies and services, not in conflict with applicable state law. RECESS The Mayor declared a recess at 8:00 p.m., and reconvened the meeting at 8:10 p.m. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 5, 2003, Westside Bluffs Westside bluffs general plan amendment/rezone study and General Plan Amend- consultant contract status report. The Planning and ment/Rezone Study Redevelopment Manager reviewed the Agenda Report dated May 6, 2003, and responded to questions from Council. Dan Gribble, property/business owner on 18th Street, urged Council to proceed with Alternative 3, terminate the project, for the reasons as stated in the report but also suggested that this would be responding to the interests and rights of business owners in the area and not to that of special interests outside of the area. He further commented that the Westside industrial base is vital to the City's employment base and tax revenues. He protested the second alternative, to proceed with rezoning without a study, and offered that he is a member of Community Redevelopment Action Committee (C.R.A.C.) and was concerned as to the purpose of the committee if the committee's input was to be overlooked and a study not conducted. Upon response from the Planning and Redevelopment Manager describing City Council Objective 03-02, Mr. Gribble urged the Council to terminate the rezoning option, reiterating his protest based upon the rights of the industrial/business property owner in the area and asked the Council "to let the market conditions prevail." Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, advised the Council that that there is an exorbitant amount of pollution coming from the factories located on the Westside, indicating that it is causing health problems for the area residents. He requested that the City become more "intolerant" of the industrial activity in residential neighborhoods, addressed the need for a better balance of residential and commercial within the City and implored the Council to support the rezoning of the bluffs to residential. Terri Breer, 956 Magellan Street, Costa Mesa, encouraged the Council to support Alternative 3, terminating the project, stating that other alternatives do not offer the option of conducting a study. She argued that the Community Redevelopment Action Committee (C.R.A.C.) has not completed their work nor would they have had an opportunity to provide comment before the proposed implementation. She further commented that the proposal should follow rather than precede the study, and encouraged the Council not to proceed without hearing from the committee. Mary Warwick, 1042 West 18th Street, Costa Mesa, reported that the map included in the Agenda Report has her property listed as "vacant", and informed the Council that she has lived at her address since 1960 and requested that the error be corrected. Mike Harrison, 201 Paularino Avenue, Costa Mesa, a representative of Trico Realty, landlord of a number of industrial businesses on the Westside for 30 years, spoke in support of Alternative 3, to terminate the project. He commented that he had doubts of the economic feasibility of the proposal, felt that a study 19. 6 is prudent and that C.R.A.C. should be allowed to meet on the topic to formulate recommendations. Paul Johnson, 1042 West 18th Street, Costa Mesa, a residential property owner, supported Alternative 3, terminate the project, stating that without factual information he did not feel it warranted immediate action. Mr. Johnson informed the Council that there was a previous attempt to rezone the area, and submitted a videotape from a 1991 City Council meeting that illustrated the concept was not supported. Eva Marin, 1780 Placentia Avenue, No. 20, Costa Mesa, informed the Council that she is also a member of C.R.A.C. She stated her reason for joining the committee was to try to make a difference in her community, and commented that she would consider it a waste of her time if the Council were to render a decision before receiving recommendations from the committee. She also felt that there are "good neighbors" both industrial and residential and encouraged the City to focus on those (industrial and residential) that do not advance the quality of life in the area. Katharine Willis, 1036 West 18th Street, Costa Mesa, expressed her concern of her home being "taken away." She reported that she recently replaced the roof on her house and is making improvements when and where she can but was distressed that the rezoning may require her to lose her house. Don Elmore, 2209 Wallace Avenue, Costa Mesa, supported rezoning the bluff area and commented that he has, through the years, seen an increase in pollutants in the air, which come from the industrial area on the Westside. Sylvia Branson, 900 West 19th Street, Costa Mesa, recommended that Council consider the hiring of a consultant to gather the facts and to conduct a study, and encouraged the Council to be open to new ideas for the improvement of the Westside. Robin Leffler, 3025 Samoa Place, Costa Mesa, expressed her support for the proposal to rezone the area to residential, advising that the area was once a residential zone and claimed it to be "some of the most beautiful property in the City". Paula Litten, 1161 Gleneagles Terrace, Costa Mesa, supported rezoning of the Westside bluffs for future residents. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, stated that if a study were conducted, the proposed development of Banning Ranch would need to be considered, and suggested that the City consider purchasing the Banning property. She also informed the Council that more development is predicted as developers are of the opinion that the City of Costa Mesa is easier to do business with than other surrounding cities. Council Member Mansoor emphasized that the discussion was about the possibility of an overlay and was not meant to discuss redevelopment, or imminent domain. The Council Member indicated that an overlay offered another zoning option and gave the example of the overlay zone that presently exists west of Whittier Avenue. He stated that he would like to look at incentives that encourage residential development and that the re -circulating for the Request For Proposal would be funded from the next budget. 1 1 1 -97 Mayor Pro Tem Steel emphasized that it is not the City's intention to "take over anyone's home or residential property." He supported re -circulating the Request for Proposals and opposed the alternative to terminate the proposal. To Mayor Monahan's inquiry, the Planning and Redevelopment Manager responded that staff could conduct a study of the overlay concept, to include additional background and details of the implementation process but that further details as to land use alternatives or phasing plans and options would require a consultant. Mayor Monahan was supportive of the new alternative presented but felt further study was necessary. MOTION/Gave A motion was made by Mayor Monahan, seconded by Mayor Pro Direction to Staff Tem Steel, and carried 4-0, directing staff to prepare a study of the Westside Bluffs General Plan Amendment, overlay concept and rezoning, with the study to include staff proposed incentives (i.e. fee waivers), and the economic tradeoff (gains and losses in revenue); approved recommended Processing Alternative and directed staff to initiate a general plan amendment to the text of the Light Industrial land use designation, for the industrial area between Whittier and Monrovia Avenues; to establish an underlying residential designation that could be activated by a developer -initiated specific plan; and referred the study, Request for Proposal and processing alternative to the Community Redevelopment Action Committee (C.R.A.C.) for recommendations, to be reviewed by the Planning Commission and the City Council. Council Member Scheafer supported the motion expressing that it was important to have the C.R.A.C. Committee review and provide recommendations. He supported the incentives concept as proposed by Council Member Mansoor. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 5, 2003, Request for Rehearing Request for Rehearing from Council Member Mansoor and a for 1901 Newport, Request for Rehearing from Costa Mesa Citizens for Responsible Kennedy/Rutter Growth, regarding the City Council's approval at the Special Joint Development Meeting of the City Council and 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. Communications were received from Sydney Gielow, 3018 Samoa Place, Costa Mesa, expressing opposition to the project; Robin Leffler, 3025 Samoa Place, Costa Mesa, sharing a letter she had submitted to the Daily Pilot Editor regarding remarks from Mr. Dave Eadie; and Barbara Marcks, Post Office Box 10704, Costa Mesa, supporting the rehearing. Council Member Mansoor reiterated his general concerns regarding the density, and the shade and shadow effects, expressing that the information was inconclusive. Robin Leffler, 3025 Samoa Place, Costa Mesa, Vice President of Costa Mesa Citizens for Responsible Growth, made a presentation detailing major points of the agenda reports and the EIR that she considered contradictory: that the "shade and shadow" was in violation of the General Plan and that the analysis was inaccurate in its claim of the amount of time that shadow appeared on the properties on Bernard Street and emphasized the need to consider 196 the sensitive landscape of those properties; that there was an intrusion of the privacy of the surrounding residential neighborhood illustrating that the secluded back yards would be in the view of the third and fourth story windows; that the outdoor living areas would be significantly impacted by noise in excess of the acceptable noise level which would not be in compliance with the City's Noise Policy, as stated in the General Plan; and advised that no minor modification was sought for building encroachments into the setback and showed ' plans of an area of ' the building that was projecting into the 20, feet setback. She responded to questions from Council. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, consultant for Costa Mesa Citizen's for Responsible Growth, detailed "privileges" granted to the project stating that the floor area ratio (.70 permitted) for nonresidential use was in excess of the .35 allowed; that the density in the number of units granted was in extreme excess of that which is allowed; reemphasized the encroachment into the required setbacks; commented on the additional height allowance; the lack of information on the site coverage of the proposed building; and that the parking variance that was granted lacked adequate guest and open space parking. She further discussed the shade and shadow analysis, advising that it was based on the Los Angeles standard, and that it was not a policy standard. She also commented on the Growth Inducing Impact, of the project, setting a precedent in future development projects. The Associate Planner reviewed the Agenda Report dated May 7, 2003, reported that the comprehensive reports and documents that were presented for the hearing on April 14, 2003, discussed or included information that was being addressed at the rehearing request and clarified .the following details for the Council: That concurrent processing was allowed; that the Draft EIR documented the order of the approval of the actions; that the Draft EIR was circulated to the required agencies for review and that City staff responded to the letters of comment, as required; that the findings indicated that there were less than significant impacts; that the number of parking spaces with garage doors is sufficient and that the CCR's are to . include a requirement for parking use only, and not for storage; that the plan approved by Council meets the open space requirements; that the 20 foot setback allows for such architectural features as roof overhangs, and stating further that the all the information 'previously analyzed is in compliance with the Municipal Code. Dana Privitt, Bonterra Consulting, 151 Kalmus Drive, Suite E-200, Costa Mesa, also responded to questions from Council and clarified the issue of noise, stating that the Draft EIR does identify a few 'areas where the noise does exceed the requirement but indicated that minor mitigating measures are to be implemented. She also explained that the Growth Inducing Impact was not found to impose new significant burdens on the utilities or public services associated with the project. She further explained that the project does not remove obstacles for future growth, and advised that the amended language, in the General Plan and the Zoning Ordinance, would not apply to other properties. She also stated that the 2002 General Plan would not allow the density on a "city-wide basis." She further advised that the project would provide for a portion of the housing needs to be met, as set forth in the Regional Housing Needs Assessment of the General Plan, which indicates the need to construct 1,268 new housing units. In response to a question from Council Member Monahan regarding mitigating the noise levels, Matt Jones, Consultant from __99 Mestre Greve, 2280 Newport Center Drive, Suite 230, Newport Beach, advised of the recommendations that have been provided regarding noise barriers and materials selection that would help in effectively blocking and mitigating noise. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, commented that the Environmental Impact Report does not appear to reference the height of the barriers that would be required, and stated that the noise mitigations are listed but were not specifically identified. Heather Somers, 313 Robin Hood Lane, Costa Mesa, listed deficiencies that she saw with the EIR, including the lack of findings of "special circumstances" for parking; the exclusion of a weekend traffic flow study; the shadow effect analysis on surrounding properties; and the permitting of five stories, not allowed under the General Plan. She stated that the project is located in the Redevelopment Zone and questioned the legality if the 40 percent of Moderate and Low Moderate housing is not met; that a traffic and circulation study lacked the inclusion of assessing the project area at full capacity of both the commercial and residential uses, and pointed out in EIR where it was indicated that five (5) intersections, in the area, were currently identified "at failure." She stated she would support the downscaling of the density in the project. Terry Shaw, 420 Bernard Street, Costa Mesa, requested that Council grant the rehearing. Beth Refakes, 320 Magnolia Street, Costa Mesa, stated she felt that the project deserved a rehearing and that the accumulative effect of the traffic has not been adequately addressed. Tamar Goldmann, 2324 College Drive, Costa Mesa, urged Council to grant the rehearing as "new" information had been presented and expressed the need to review the EIR for accuracy. She commented that the process is an open and objective analysis of the project but questioned the objectivity of the analysis by the City, claiming that she felt that the City had acted as an advocate of the project. Dave Eadie, Rutter Development, 18012 Cowan, Suite 200, Irvine, disagreed that new information was produced and quoted the Costa Mesa Municipal Code Section 2-304, regarding procedures for rehearing, "...to justify a rehearing the applicant must show in the application that there is new relevant evidence, which, in the exercise of reasonable diligence, could not have been produced or was properly excluded." He felt that the staff and the consultants had successfully pointed out that the EIR and the issues presented in the staff reports were well thought-out and dispelled the misinformation. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, presented her rebuttal to the staff presentation stating that the needs specified in the Certified Housing Element are being met, "without the project"; that the drainage areas are not considered "open - space"; and questioned the sufficiency of the that the parking with or without the garage doors. Robin Leffler, 3025 Samoa Place, Costa Mesa, reemphasized the need for a rehearing based on the issues of the building encroachments, the noise mitigation that was not included in the EIR, and the noncompliance of the EIR with CEQA requirements. WE3 E She announced that an attorney had been retained by the Costa Mesa Citizens for Responsible Growth to represent them in the process. 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 the new that Carry evidence was presented and that it could not have been submitted prior to the Council's approval, and by using due diligence due to the volume and the complexity of the data considered. Mayor Monahan opposed the motion, stating that although there was a lot of information presented, he felt much of it was "rehashing", and not new relevant evidence. He stated that the EIR "is sound"; that the mitigation measures are in place; and there was not enough evidence to warrant a rehearing. Mayor Pro Tem Steel stated that although he initially voted for the approval of the project he had some reservations, based on the information provided during the request and supported a rehearing. The motion failed to carry 2-2, Mayor Monahan and Council Member Scheafer voting no. The Acting City Attorney advised that the tie vote constituted no action and that it has been the practice and procedure of the City Council to refer the matter for reconsideration to the next meeting of the City Council, which will be held on June 2, 2003. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 5, 2003, New Official Flag a proposed new official City of Costa Mesa flag. The Management Analyst reviewed the Agenda Report dated March 11, 2003. MOTION/Approved A motion was made by Council Member Scheafer, seconded by New Official City Flag Mayor Pro Tem Steel, and carried 4-0, to approve official flag design No. 1. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 5, 2003, Temporary Recyclable an ordinance amending Sections 13-73 and 13-74 of the Costa Receptacles Mesa Municipal Code to exempt temporary receptacles used for the collection of recyclable products. The Public Services Director reviewed the Agenda Report dated April 24, 2003, Beth Refakes, 320 Magnolia Street, Costa Mesa, expressed her opposition to the ordinance and provided photographs of prior "temporary" dumpsters that have been placed in her neighborhood. She commented that they are "eyesores" and created "blight" on residential neighborhoods and negatively impacts adjacent residents. Council Member Mansoor agreed that dumpsters are not the most attractive, but are temporary. MOTION/Gave A motion was made by Mayor Pro Tem Steel, seconded by Council Ordinance 03-5 First Member Mansoor, and carried 4-0, to give Ordinance 03-5 first Reading reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 13-73 AND SECTION 13-74 OF THE COSTA MESA MUNICIPAL CODE TO EXEMPT TEMPORARY RECEPTACLES USED FOR THE COLLECTION OF RECYCLABLE PRODUCTS. Second reading and adoption are scheduled for the meeting of June 2, 2003. 1 1 NEW BUSINESS The Deputy City Clerk presented Theater and Arts District Plan Theater and Arts Progress Report. The Planning and Redevelopment Manager District Plan reviewed the Agenda Report dated May 8, 2003, MOTION/Received On motion by Mayor Monahan, seconded by Mayor Pro Tem Steel, and Filed Report and carried 4-0, the report was received and filed. NEW BUSINESS The Deputy City Clerk presented Downtown and Eastside Committee Appoint- Transportation Ad Hoc Committee Appointments. The Public ments Services Director reviewed the Agenda Report dated May 7, 2003. MOTION/Appointed A motion was made by Mayor Pro Tem Steel, seconded by Council Jessica Palanjian and Member Mansoor, and carried 4-0, to approve the appointment of Sharon Courtway Jessica Palanjian and Sharon Courtway to the Downtown and Eastside Transportation Ad Hoc Committee. CITY MANAGER The City Manager was pleased to announce the success of the REPORT/Neighbors Neighbors -for -Neighbors event held recently. He showed pictures For Neighbors of the many volunteers who turned out to help clean up homes and many of the before and after shots of the projects at various Public Safety Expo. locations throughout the City, as well as the cleanup efforts at Canyon Park. He also reported that the the Public Safety Expo., which was held at Fire Station No. 4, was a success and thanked Fire Fighter Shawn Brosamer for an excellent job in coordinating the event. COUNCIL Council Member Scheafer announced that the Costa COMMENTS/Fish Fry Mesa/Newport Harbor Lion's Fish Fry would be held on Friday, May 30th through Sunday, June 1, 2003, and thanked staff for their assistance "in bringing him up to speed," and thanked his wife Sandy for her support. Council Member Mayor Pro Tem Steel thanked Council Member Scheafer for his Scheafer service to the Council. Scottish/Highland Mayor Monahan announced that the Scottish/Highland Games Games would be held at the Orange County Fairgrounds, over the weekend. ADJOURNMENT The Mayor declared the meeting adjourned at 12:25 a.m. Mayor of th ity osta Mesa ATTEST: Deputy - y Clerk of the City of Costa Mesa