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HomeMy WebLinkAbout06/02/2003 - City Councilo��x'_j REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA June 2, 2003 The City Council of the City of Costa Mesa, California, met in regular session June 2, 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 the Mayor, and invocation by Reverend Barbara Stewart, St. John the Divine Episcopal Church. ROLL CALL Council Members Present: Mayor Gary Monahan Mayor Pro Tem Chris Steel Council Member Libby Cowan Council Member Allan Mansoor Council Member Mike Scheafer Council Members Absent: None Officials Present: City Manager Allan Roeder Acting City Attorney Tom Wood Assistant Development Services Director Perry Valantine Public Services Director William Morris Administrative Services Director Steve Hayman Finance Director Marc Puckett Personnel Manager Howard Perkins Planning and Redevelopment Manager Mike Robinson Associate Planner Claire Flynn Associate Engineer Gary LaForge Management Analyst Carol Proctor Deputy City Clerk Julie Folcik ORDINANCES AND A motion was made by Council Member Cowan, seconded by RESOLUTIONS Mayor Monahan, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Monahan announced that Cindy Lightner had been selected Mayor's Award as the recipient of the Costa Mesa Mayor's Award. He commended Ms. Lightner for her selfless life-saving effort by administering CPR when a woman collapsed from cardiac arrest at Woodland Elementary School: PRESENTATION Mayor Monahan-- congratulated Thanh Bui, MIS Division of the Employee of the Month Administrative SerV es- Department, for his efficient administration of the City's website and _ de_velopment of the Council Agenda Reporting System, -as yrell_as his assistance to residents and City employees in their cc;feetidn'and-distribution of information. PUBLIC COMMENTS Hildegard Gonzales, 9932 Pomona Avenue, Costa Mesa, Opening Invocation expressed her disappointment that the opening invocation did not include the servicemen and women who are still fighting on the C.R.A.C. Meetings "front lines" and are in danger daily. Ms. Gonzales reported she attends the Community Redevelopment Action Committee meetings and that the membership of the committee has declined from 75 members to 29 members. She felt good- representation is needed to address the issues that concern Westside residents including 1 1 1 that of blighted areas, and the excess of charities. She also Shopping Carts advised that she has seen shopping carts from as far away as Target, on Pomona Avenue, near her home.. Gang Graffiti Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, reported graffiti on a wall, painted over a week ago, on Fairview Road past Baker Street, that he identified as "gang graffiti," and claimed that it is proof of the gang problems in the city. He Paularino School discussed the after-school program at Paularino School that is run by the City, and advised of the gang members "mixing" with young children, as well as adults. Mr. Millard felt that there is overuse of Sports Fields the sports fields within the City, and suggested that the redevelopment of the Westside include sports fields. C.R.A.C. Committee Phyllis Atkinson, 2871 Alanzo Lane, Costa Mesa, thanked Council Member Mansoor and the Community Redevelopment Action Committee for keeping the changes in the General Plan in the public eye. She discussed the current traffic issues at Newport Boulevard and asked Council to solve these issues instead of adding to them by approving the 1901 Newport Boulevard project. 19th Street Bridge Robert Graham, 3260 Dakota Avenue, Costa Mesa, commented that the economic and social implications should be considered before Council moves ahead without a 19th Street bridge. He showed photographs of 19th Street depicting the current traffic backups near Triangle Square. 1901 Newport Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, discussed Boulevard Plaza his concerns regarding the 1901 Newport Boulevard Plaza project, Project asking if the statement was repealed in the General Plan that states "do not use the bridges as planning vehicles to mitigate traffic". The Planning and Redevelopment Manager responded that the policy has not been amended, and the deletion of the bridges has been taken into account in the traffic studies that have been done for the project. Mr. Humphrey reported that the area is currently impacted by traffic from the 55 Freeway and Harbor Boulevard, and felt that moving forward with this project would require a 19th Street Bridge to mitigate the increase in traffic. He also commented that there is an unresolved parking problem associated with the project. Mary Ellen Goddard, 2901 Palau Place, Costa Mesa, stated the 1901 Newport Boulevard Plaza Project, when completed, would be overdeveloped, will cause traffic problems for the residents in the neighborhood, and that the density will cause parking problems. Gordan Pate, 2973 Ceylon Drive, Costa Mesa, protested the "trashing of the zoning and General Plan" by allowing the developer of the 1901 Newport Boulevard Plaza Project to more than double the density of residential units allowed (from 20 units per acre to 45 units. per- acre), and advised that the existing office building would have twice the density allowed for the area. He disagreed with granting a- variance to the developer for 40 fewer parking spaces, asked Council to reject the project and to adhere to the zoning regulations and General Plan for all future projects. Wendy Leece, 1804 Capetown Circle, Costa Mesa, reported the 1901 Newport Boulevard Plaza Project would create negative impacts on the City, including increased traffic, ingress/egress, as well as setting a precedent for changing the zoning and the General Plan. She asked that Council listen to the -citizens of the City, add stated the Bernard Street residents have legitimate concerns regarding their quality of life and their property values. 4 1901 Newport June McKinzie, 165 East 19th Street, Costa Mesa, questioned the Boulevard Plaza Council's approval of the 1901 Newport Boulevard Plaza Project Project since they had denied the Kohl's Department Store Project. She described the approved development as a high-density project on a small piece of land, and claimed that the impact created would be "mammoth." Carolyn Harvey, 674 Center Street, No. B, Costa Mesa, agreed with aforementioned concerns regarding 1901 Newport Boulevard Plaza Project, and asked Council to grant the rehearing. Terry Shaw, 420 Bernard Street, Costa Mesa, stated that he opposed many of the recent planning and development decisions, and did not understand how some projects were denied, while similar projects were approved in the City. He inquired as to the days and hours of construction for the 1901 Newport Boulevard Plaza Project. The Planning and Redevelopment Manager responded that the residential noise requirements, as is indicated in the Costa Mesa Municipal Code, would be followed. Robin Leffler, 3025 Samoa Place, Costa Mesa, advised the Council of the parking impact for the 1901 Newport Boulevard Plaza Project, should each 'venue have a weekend function held at the same time. She indicated that there would be over 1350 parking spaces needed with only 448 provided. She also asked that Council consider the added traffic at the location. Tamar Goldmann, 2324 College Drive, Costa Mesa, questioned Mayor Monahan's decision to limit the time for the applicants to address their request ,for rehearing of the 1901 Newport Boulevard Plaza Project to ten minutes, stating it was unfair. Ms. Goldmann expressed there are many issues involved in the project including privacy, "shade and shadow", increase in density, parking, traffic, noise, pollution, and construction limitations. Arlene Jones, 2995 Ceylon Drive, Costa Mesa, reported that the traffic on Harbor Boulevard the previous week, due to the opening of the new Ikea store, was "deplorable." She expressing that the 1901 Newport Boulevard Plaza Project would, likewise, create additional traffic problems and requested that Council grant the rehearing. Heather Somers, 313 Robin Hood Lane, Costa Mesa, inquired as to the agreement with the developer for the 1901 Newport Boulevard Plaza Project, located in a redevelopment zone, that dictates that he will build a ratio proportionate number of low income housing, and stated that they should be located on project site. Mayor Monahan confirmed with the Planning and Redevelopment Manager that there would be 14 units within the downtown area, as required, and that it has been included as an amendment to the inclusionary housing plan. Ms. Somers stated there are "holes" in the EIR, questioned the subsidizing of the developer by allowing him to build twice the maximum allowed density. Quoting the EIR that "the PDC zone allows residential uses based on compatible uses listed in the General Plan for the applicable land use designation subject to FAR limits," she commented that the project is double the FAR limits and asked Council to grant the rehearing. Wendell Maberry, 414 Bernard Street, Costa Mesa, expressed his opposition to the 1901 Newport Boulevard Plaza Project in that it is too dense, too tall, and should be scaled down by at least 50 percent. 1 1901 Newport Dave Russell, a business owner at 1924 Harbor Boulevard, Costa Boulevard Plaza Mesa, commented that he was not notified regarding the 1901 Project Newport Boulevard Plaza Project, and asked Council to reconsider the rehearing. Paul Flanagan, 3090 Bali Circle, Costa Mesa, commented about the summary provided by staff regarding the rehearing request of the 1901 Newport Boulevard Plaza Project, and advised the Council that it is not required to adopt the suggested action, but that it is at the Council's discretion. He stated that the project will increase noise, traffic, pollution, and will not provide the expected cushion against the coming budget shortfall. Mobile Home Park Irene Shannon, 1640 Newport Boulevard, No. 17, Costa Mesa, expressed her sadness at losing a friend and neighbor, and the problems she and her neighbors are having regarding the EI Nido Trailer Park, where -she is living, and encouraged other individuals to speak up regarding the problems. Affordable Senior Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Housing Mesa, discussed a Daily Pilot Article regarding the housing element in Newport Beach, expressing the importance of affordable housing for Senior Citizens in Costa Mesa. Ms. Hogan Shereshevsky asked that there be enough Police personnel available to monitor the use Fireworks of Fireworks in the City, and expressed her gratitude to Council Member Scheafer for the Fish Fry she attended, and enjoyed. Fish Fry Centerline Project Stop Signs Hamilton Street Community Garden Beth Refakes, 320 Magnolia Street, Costa Mesa, congratulated Mayor Pro Tem Steel on the final resolution of his legal difficulties. She appreciated the return of the Fish Fry, and expressed her concern that City officials are embracing the Centerline project without adequate input from residents, believing there are many unanswered questions concerning the liability of the project. Ms. Refakes expressed her opposition to the 1901 Newport Boulevard Plaza Project. Kris Gold, 2559 Elden Avenue, No. E, Costa Mesa, thanked the Public Services Department for the placement of stop signs at Del Mar and Elden Avenues, and for the resurfacing of Elden Avenue. Ms. Gold stated she is a member of the Community Garden on Del Mar Avenue, spends many hours volunteering there, and would like Council to reconsider the Hamilton Street Community Garden. Kimberly Slater, 2184 Miner Street, Costa Mesa, requested Council to grant a rehearing of the Hamilton Street Community Garden project. Michael Odegaard, 104 Lexington Lane, Costa Mesa, discussed his interest in the Hamilton Street Community Garden, and advised of the benefits of Community Gardens in that it promotes family and community interaction, creates educational opportunities, and stated that gardening is a quiet activity, good exercise, and a constructive recreation. Fish Fry Sandy Johnson, 344 Cabrillo Street, Costa Mesa, thanked the Lion's Club, and the City for the return of the Fish Fry. She asked Community Garden Council to reconsider the Hamilton Street Community Garden. Ms. Johnson expressed the importance for the Council to consider the residents at the EI Nido Trailer Park who will be displaced, and she also opposed the 1901 Newport Boulevard Plaza Project. �¢1 6 Beck Comments Barbara Beck, 443 Flower Street, Costa Mesa, thanked Council for the return of the Fish Fry, and asked them to reconsider the Hamilton Street Community Garden. She expressed her opinion that a good reason for considering the hearing of 1901 Newport Boulevard Plaza Project was that many people were not available to attend the previous hearings, and she also felt it would be a better project at half of the density Kona Lanes Tim Cromwell, 2029 Swan Drive, Costa Mesa, requested that Council adopt an emergency ordinance halting the demolition of Kona Lanes. He also recounted an incident, on Memorial Day, at Little League Fields the Little League field where his team routinely practices, stating he did not understand why he was confronted by a Recreation employee who asked to see his permit was for use of the field. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 5, Costa Mesa Senior Center; and Item No. 8, Cooperative Agreement No. C-3-0209 with the Orange County Transportation Authority. MOTION/Approved On motion by Council Member Cowan, seconded by Mayor Pro Except Item Nos. 5 Tem Steel, and carried 5-0, the remaining Consent Calendar items and 8 were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: William Burns, Jr.; Sally Chung; Valerie Garcia; Kirk Kelly; Barbara Piner; Sergio Ramos Sanchez; and Robert Waite. Alcohol Beverage Request for Alcoholic Beverage Control (ABC) License from: Control License AK Market, 1178 Sunflower Avenue, Suite E, for a person-to- person transfer of an existing Type 20 ABC license (off -sale beer and wine). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1954, funding City operating expenses for 1954 $934,209.10. Approved Warrant Warrant Resolution 1955, funding Payroll No. 311 for 1955/Payroll No. 310A $1,983,824.94, Payroll No. 310A for negative $380.34, and City and No. 311 operating expenses for $919,453.48, including payroll deductions. ADMINISTRATIVE Resolution 03-34 was adopted: A RESOLUTION OF THE CITY ACTIONS/Adopted COUNCIL OF THE ' CITY OF COSTA MESA, CALIFORNIA, Resolution 03-34 to REQUESTING THE PUBLIC EMPLOYEES' RETIREMENT Allow Employment of SYSTEM TO ALLOW THE EMPLOYMENT OF RON MOLENDYK Ron Molendyk BEYOND THE 960 -HOUR LIMIT OF EMPLOYMENT. Approved purchase of The purchase of software licenses was approved from CompuCom, Software Licenses 10415 Old Placerville, Suite 235, Sacramento, for $114,111.52, to From CompuCom comply with the Software Protection Agency (SPA) and Microsoft rules and guidelines, and the City Manager was authorized to sign the purchase orders. Awarded Contract for Bids for Newport Boulevard/Victoria Street Improvement, Project Newport Blvd./Victoria No. 03-09, are on file in the City Clerk's Office. The minor Street Improvement to irregularities were waived in the bid submitted by Palp, Inc., Doing Excel Paving Company Business As Excel Paving Company, the contract was awarded to 1 1 1 Palp, Inc., Doing Business As Excel Paving Company, 2230 Lemon Avenue, Long Beach, for $255,519.92, and the Mayor and Deputy City Clerk were authorized to. sign on behalf of the City. Costa Mesa Senior Item No. 5 on the Consent Calendar was presented: Extend the Center Corporation contract with the Costa Mesa Senior Center Corporation for the operation of the Senior Center for one year, with one optional one- year renewal; direct staff to continue to study the feasibility of alternate service delivery options for programming and operations of the Senior Center. MOTION/Approved On motion by Council Member Cowan, seconded by Council Extension of Contract Member Scheafer, and carried 5-0, the contract extension was approved, and the Mayor was authorized to sign on behalf of the City; staff was directed to prepare a completed study of the feasibility of alternate service delivery options for programming and operations of the Senior Center, and to return to the February 9, 2004, Study Session with a report and an update. Cooperative Agree- Item No. 8 on the Consent Calendar was presented: Cooperative ment C-3-0209 with Agreement No. C-3-0209 with the Orange County Transportation OCTA Authority (OCTA) supporting Preliminary Engineering of the Centerline Light Rail System. Mayor Monahan reported that an election was scheduled to be held in the City of Irvine on June 3, 2003, regarding the Centerline Light Rail System, and that he would like to continue the item until the next meeting when the results of the election will be known. He also advised that the route design through Costa Mesa is still under discussion. Mayor Pro Tem Steel supported the continuance to the next Council meeting and stated that he would also like to consider the undergounding of the Centerline Light Rail System. Council Member Mansoor felt that the cost of the Centerline Light Rail System would outweigh the benefit to Costa Mesa, and speculated that it would not reduce traffic, and was simply an alternative to the use of busses. Council Member Cowan expressed her support of the Centerline Light Rail System, and commented that it represents a long-term vision for the transportation system in Orange County. She advised that the project is paid for through Measure M funds, and that there have been several hearings held regarding this project since 1996. Council Member Mansoor stated that rail projects of this type are beneficial to high-density areas, but felt that it would be less effective in the Orange County area. MOTION/Continued to A motion was made by Mayor Monahan, seconded by Council June 16, 2003. Member Cowan, and carried 5-0, to continue the Cooperative Agreement to the June 16, 2003, Council meeting. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place set General Plan Amend- for the public hearing to consider General Plan Amendment GP-03- ment GP -03-01 01 and the 2003 Local Implementation Plan for the National Pollutant Discharge Elimination System (NPDES). Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's Office. The Public Services Director reviewed the Agenda Report.dated May 14, 2003, and the Associate Engineer provided a presentation. 208 Council Member Cowan requested that staff regularly update the Council on the anticipated costs of infrastructure for such things as the implementing of the Master Plan of the drainage system. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, encouraged Council to approve the General Plan Amendment, expressing that there is a need for further work to be done in this area. In response to a question from Ms. Genis, the Public Services Director stated adding Fairview Park ,to the Natural Community Conservation Plan is under consideration. Paul Flanagan, 3090; Bali Circle, Costa Mesa, questioned several items of the 2000 General Plan, and thought that this may be premature, at this time. Robert Graham, 3260 Dakota Avenue, Costa Mesa, reiterated that a lower parking lot is needed at Talbert Park. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Council Member Cowan, seconded by Mayor Pro Resolution 03-35 Tem Steel, and carried 5-0, Resolution 03-35 was adopted: A Approving GP -03-01 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT GP -03-01 FOR NEW GENERAL PLAN POLICIES IN: THE LAND USE AND CONSERVATION ELEMENTS RELATED TO WATER QUALITY/CONSERVATION AND AUTHORIZATION TO SUBMIT THE DRAFT LOCAL IMPLEMENTATION PLAN FOR ADOPTION BY SANTA ANA REGIONAL WATER QUALITY CONTROL BOARD. RECESS The Mayor declared at recess at 8:15 p.m., and reconvened the meeting at 8:25 p.m. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 5, 2003, Shopping Cart Shopping Cart Ordinance. A communication was received from Ordinance Nick Verdugo, Director of Store Operations and Administration for Ralphs Grocery Company, . expressing his opposition to the proposed ordinance. The Acting City Attorney summarized the Agenda Report dated May 22, 2003, and responded to questions from Council. Council Member Cowan expressed her support of the proposed ordinance and advised that she had worked closely with the City Attorney's Office, the Development Services Department, the Police Department, and the California Grocer's Association on the ordinance and its alternatives. Mayor Pro Tem Steel complimented Mayor Monahan, Council Member Cowan, and; former Mayor Dixon for their time and hard work on this issue. He commented that it appeared that other cities surrounding Costa Mesa did not have the problems with abandoned shopping carts, and speculated as to the cause of the problem in Costa Mesa. Council Member Cowan replied that the City of Irvine, in addition to many cities in the , State of California, have problems with abandoned shopping :carts. She advised that a previous ordinance was adopted in Costa' Mesa similar to the "zero tolerance" law, and that it was "kicked back" from the State of California. 1 1 1 5 Gilbert Canizales, California Grocery's Association, 555 East Ocean Boulevard, Long Beach, thanked Council Member Cowan for including them in the discussions on this issue, and is in support of the ordinance, and suggested that the effectiveness of the containment/retrieval system be reviewed in three to six months. Irene Shannon, 1640 Newport Boulevard, No. 17, Costa Mesa, stated that lack of transportation was part of the problem. She mentioned that she is no longer able to drive to the grocery store and needs a shopping cart to bring her groceries home. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, stated that he was supportive of the ordinance. He offered an alternative method of retrieval of the carts describing a system utilized in the City of Victoria, British Columbia. He commented that it also offered an incentive as it was a cart rack, similar to the baggage cart racks located in airports and indicated that upon the return of the shopping cart, the consumers $2.00 token is retrieved, therefore, providing an incentive to returning shopping carts. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, referred to the City of Stockton's ordinance found in the agenda report attachment, stating it was "far superior" to the draft ordinance being considered, describing it as vague. Beth Refakes, 320 Magnolia Street, Costa Mesa, commented that she would like the "waiver" eliminated, and to require that all stores implement their own retrieval program that must meet the City's standard and that Civil citations be issued if more than five carts are abandoned from any one store. Ms. Refakes felt that each store should have to provide proof that all their shopping carts are clearly identified or they would receive a citation. She added that the all future stores should be required to have an effective shopping cart retrieval program in place, which meets the City standards, before they are issued any Conditional Use Permit. Heather Somers, 313 Robin Hood Lane, Costa Mesa, supported a consolidation of some of the alternatives presented, commenting that it should not be the City's responsibility to monitor the stores property. She mentioned has a system, utilized by Smart and Final that will not allow the shopping cart to be removed from the parking lot. Ms. Somers also suggested that the City work with other cities to pass legislation regarding abandoned shopping carts. Joe Grisham, 457 Sonora Road, Costa Mesa, stated that the proposed ordinance would punish the storeowner, making him the "victim," and explained that it is the stores that are losing their carts. He noted it is against state law to remove a shopping cart from the premises, and inquired as to how many prosecutions against individuals, who have removed carts, there have been. Council Member Cowan responded there. have none, advising that it is the storeowner's responsibility to press charges, but that they are reluctant to bring charges against their customers. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, commented on the lack of concern by the markets to retrieve the carts. She recounted her experience when reporting an abandoned shopping cart, located on her street, stating that the market personnel gave her the "runaround." Robert Graham, 3260 Dakota Avenue, Costa Mesa, expressed he has used the cart system at the airport, and thought it would work well for the City. Council Member Cowan stated this has been an ongoing discussidn over several years, and believes that the draft ordinance is well done. MOTION/Gave On motion by Council Member Cowan, seconded by Council Ordinance 03-6 First Member Scheafer, first reading was given to Ordinance 03-6: AN Reading ORDINANCE OF THE CITY Council OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER I, ARTICLE 1 OF TITLE 15 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE REGULATION OF SHOPPING CARTS, second reading and adoption is scheduled for the meeting of June 16, 2003; with a review of the Ordinance in one year. Council Member Mansoor advised that he had met with Mr. Canizales to discuss the issue. He stated that he disagreed with the draft ordinance presented, as well as the Stockton Ordinance, stating that they are both lacking of elements. Substitute Motion A substitute motion :was made by Council Member Mansoor, Failed to Carry seconded by Mayor Pro Tem Steel, to adopt Alternative No. 2, in the Agenda Report, to provide a three month grace period during which warnings will be issued to the store, that enforcement and the issuing of citations will be done by the Police Department and that the stores will prosecute any offenders removing carts. The motion failed to carry 3-2, Mayor Monahan and Council Members Cowan and Scheafer voting no. The original motion was presented and carried 3-2, Mayor Pro Tem Steel and Council Member Mansoor voting no. Mayor Pro Tem Steel reiterated his belief that the real answer to the problem is for Council to address and resolve the main sources of the conditions involving abandoned shopping carts. Mayor Monahan agreed that the burden should not be on the City, but felt that several years has been spent working on a solution to the problem, and that spending some money to remove the abandoned shopping carts was warranted. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 19, 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 in opposition of the project from: Terry Shaw, 420 Bernard Street, Costa Mesa; and Barbara Marcks, Post Office Box 10704, Costa Mesa; and an additional communication was received from William Ross, 520 South Grand Avenue,' Suite 300, Los Angeles, expressing the lack of adequate grounds to grant the rehearing. Mayor Monahan confirmed Costa Mesa Citizens for Responsible Growth would be given 10 minutes of testimony, and Rutter Development would be given five minutes in which to respond. Council Member Mansoor commented he appealed this project due to the density issues, traffic, and "shade and shadow." Robin Leffler, 3025 Samoa Place, Costa Mesa, Vice President of Costa Mesa Citizens for Responsible Growth requested additional time as this was the first time a full Council would hear this request. MOTION/To Grant 20 A motion was made by Mayor Pro Tem Steel to grant 20 minutes to Minutes Died for Lack Costa Mesa Citizens for Responsible Growth for their testimony, of Second died for lack of a second. Robin Leffler, 3025 , Samoa Place, Costa Mesa, Vice President of Costa Mesa Citizens for Responsible Growth, expressed there have been three arguments made by Costa Mesa Citizens for Responsible Growth: there is conflicting information in the EIR, there is a significant impact shown and described in the EIR, and that the 1901 Newport Boulevard Plaza Project does not conform to the General Plan because of these impacts. She pointed out that that the EIR identifies the areas to examine: `the front yard, shadow sensitive uses shaded by project related structures, sensitive land uses and adequate sunlight for gardening and landscaping." She quoted the standard from EIR that "if the project would pass shade or shadow onto sensitive land uses for more than two hours between 10:00 a.m. and 3:00 p.m., this threshold is applied to the project and there is no significant impact." She advised that the EIR also states that "from 10:00 a.m. through 2:40 p.m. shadows would fall on the front yards of the Bernard Street residences, shadows begin to fall on the rooftops at about 3:00 p.m.," She identified this as a significant impact identifying five hours of shadow on the front yard and in the significance window. Ms. Leffler displayed photographs to illustrate the issue of the invasion of privacy from third and fourth story windows. She felt that the all the information provided, including the cumulative parking issue, based on the worse case scenario, the density and growth issues, and the 19th Street bridge, was new information and supported a rehearing. Douglas Carstens, Chatham, Brown, and Associates, 3250 Ocean Park Boulevard, Suite 300, Santa Monica, Attorney for Costa Mesa Citizens for Responsible Growth, stated that the project requires closer examination, commenting that once built it is permanent. He asked Council to vote in favor of the rehearing in order for the questions and inconsistencies that have been expressed regarding the EIR could be answered and understood. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, consultant for Costa Mesa Citizens for Responsible Growth, confirmed that the spreadsheet that was provided to Council summarized and clarified the issues that need to be addressed. Ms. Genis requested that Council rehear the project and take measures to ensure that the inclusionary housing will be identified and provided in a timely manner. The Acting City Attorney confirmed for Council Member Mansoor that the details of the inclusionary housing element would be dictated in the agreement. He advised that there are factors that will need to be considered before the conditions of the agreement are finalized. He stated that it is the City's intention to include the necessary provisions; that would place the responsibility on the developer to meet the:'inclusionary housing element requirement. Robin Leffler, 3025 Samoa Place, Costa Mesa, Vice President of Costa Mesa Citizens for Responsible Growth, pointed out that there was not a site plan available from the Development Services Department for anything except the first floor, and inquired that if the wall encroaches two feet, is there another variance required, or is it included in the four feet encroachment for the patio. The Associate Planner responded that Council approved a 20 -foot perimeter open space setback for the property, and affirmed that there is no encroachment of the building pad or the building, besides the minor modification approved, that would allow a four - foot encroachment into the 20 -foot setback area, provided for the balcony and private patio areas. William Ross, 520 South Grand Avenue, Suite 300, Los Angeles, Attorney for Rutter Development, stated that Rutter Development has done everything the City has requested of them. He commented that although they have not always agreed with City staff or the positions advanced with respect to analysis of this project, that compliance with CEQA has been completed, and that the proper procedures for notice for the Planning Commission hearings of December 9, 2002, and January 16, 2003, were complied with. He 'reported that the time was extended for an additional 45 days to comment on the draft EIR and was certified on February 24, 2003, by the Planning Commission, and advised that more than 90 days elapsed from the Planning Commission's last hearing on the matter until City Council held their first hearing on the project. He summarized his letter dated June 2, 2003, which was presented to Council. Darryl Zerfas, Traffic' Engineer, Austin Foust Associates, advised that the traffic analysis was prepared in a manner typical for projects of this type: the study includes a summary of existing traffic conditions, and analyzes future conditions both with and without the proposed project, forecasts of future conditions were prepared for a timeframe of approximately two years from the present, and forecasts were prepared for long range conditions which correspond about 20 years from the present and are based on build out of the City's General Plan. 'He stated that the long range forecasts were prepared for two scenarios, one of which is consistent with the City's circulation e,lernent, and includes an extension of the 55 Freeway, and the 19th Street Bridge, and another scenario was prepared which does;not include the extension of the 55 Freeway, nor does it include the 19th Street Bridge. Mr. Zerfas explained there were a couple special cases that were analyzed for the project; one of which was a hypothetical setting in which the 1901 Newport Boulevard office building were to become 100% occupied; and a special analysis was prepared for weekend conditions due to the higher than typical proportion of traffic that the project area experiences on the weekends. He commented that parking was addressed in the project's EIR and a parking study for the special uses, such as the nightclub and the restaurants that are going into the office building, was prepared as part of the processing of the nightclub proposal. He further advised that in each of the studies conducted, City code requirements were used to evaluate the proposals. Regarding to the proposed residential units, the number of spaces required by City code was met, he however pointed out that a variance was required due to the individually enclosed garages that were being proposed. He stated that it was deemed ,-> -1..-.3) appropriate of placing a condition of approval specifying that the project's CC&R's would prohibit the residents from utilizing the enclosed spaces for anything other than parking vehicles. Matt Jones, Mestre Greve Associates, commented on air quality, vehicular emission factors, Ambient Air Quality Standards, and the consistency with the Air Quality Management Plan. MOTION/Granted On motion by Council Member Mansoor, seconded by Mayor Pro Rehearing for 1901 Tem Steel, and carried 3-2, Mayor Monahan and Council Member Newport Boulevard Scheafer voting no, a rehearing was granted for July 7, 2003, based Plaza Project on new information provided, and lack of clarification on "shade and shadow" issues, and an expenditure was authorized for the EIR to be reviewed by an independent party, with a report provided to Council two weeks prior to the hearing. . Council Member Cowan supported the rehearing stating that new information was provided regarding "shade and shadow", and she would like to review the information again. She expressed this project is a good project and believed it will be upheld at the rehearing. Council Member Scheafer stated that he did not support the rehearing, that he appreciated the spreadsheet that was provided, and expressed his appreciation of staff responding to his questions regarding the project. Mayor Monahan reiterated he did not support the rehearing commenting that the EIR "stands on its own," and felt that there had been adequate time to bring forward this information prior to the hearing on this project. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 5, 2003, Fiscal Year 2003-2004 Fiscal Year 2003-2004 Budget Development Strategies. The Budget Development Finance Director reviewed the Agenda Report dated May 7, 2003, Strategies and responded to questions from Council. Council Member Cowan referred to the Agenda Report and felt that regarding maintenance priorities, that Item Nos. 4 and 5 should be reversed. She stated that for the Study Session on Monday, June 9, 2003, where Council would be reviewing strategies for additional cuts if needed in the 2003-2004 Budget, that she would like to focus on service or program cuts, as opposed to across the board cuts, should it become necessary. Council Member Mansoor agreed with Council Member Cowan, that Council would need to be specific on selected cuts, and also encouraged staff to look at the existing City provided programs and services. Mayor Pro Tem Steel concurred,. and added that, he would like consideration of a hiring freeze, should it be necessary. Council Member Mansoor commented he would like the City to "get into the habit" of preparing net revenue at the beginning of the budget year as opposed to the end of the budget year. Beth Refakes, 320 Magnolia Street, Costa Mesa, stated that the strategies presented should be used in combination, and questioned why the City would have any "sub -par' performing employees. She commented there are programs in the City that should be reviewed and eliminated, and the business license fees should be increased. The City Manager responded the City does not usually retain "sub -par" employees, but explained that when a hiring freeze is implemented, these employees might continue to be employed by the City during that time, as they cannot be replaced. Mayor Monahan confirmed that any tax increase would need to be placed on the ballot. OLD BUSINESS The Deputy City Clerk presented a request for rehearing from Request for Rehearing Council Member Cowan of the decision of the City Council at its Hamilton Street regular meeting of May 5, 2003, to oppose the award of the contract Community Garden for Site Improvements for the Hamilton Street Community Garden, 523 Hamilton Street. Council Member Cowan stated that she had requested Council hold a rehearing of this item, as she was not sure that each Council Member understood the history of the property advising that it dates back to 1975. She also advised that the Community Garden, and its design, were the result of much community input. Mayor Pro Tem Steel -supported the rehearing commenting that it is the best solution for the property. The Public Services Director reviewed the Agenda Report dated May 22, 2003, and responded to questions from Council. Council Member Mansoor expressed opposition to a Community Garden, but would instead prefer a "tot -lot", with greenscape, and a decorative low fence around the perimeter, presenting a "nicer image of the Westside." Council Member Scheafer commented that he would not support a community park at this location, as there is too much traffic, and expressed a concern of the safety issues for children. Kris Gold, 2559 Elden Avenue, No. E, Costa Mesa, expressed the property has been vacant since it was purchased by the City in 1975, and discussed her experience with the Del Mar Community Garden and the beauty of it, asking Council to reconsider this site for a Community Garden. Ms. Gold did not believe the Community Garden would cost the City $75,000.00. Robin Leffler, 3025 Samoa Place, Costa Mesa, reiterated that community gardens provide a piece of property for people who long to garden, but do not have the space. She felt that it was needed in the community. Terry Shaw, 420 Bernard Street, Costa Mesa, asked Council to do something with this property. He and supported either a park, or a community garden, but something that would be nice for the Westside. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, stated that a Community Garden at this location would be well used and an improvement to a vacant lot. Ron Gold, 2559 Elden Avenue, No. E, Costa Mesa, said this is currently an ugly vacant lot, and whether it is turned into a park, or a community garden, it ,would be a buffer zone from the surrounding commercial property, ;and the residential property. He shared his feelings of eating the fresh vegetables that he grows at the Del Mar Community Garden. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, did not believe that the City should be "entangled" in the ownership of a community garden, but instead felt the property could be leased to interested participants, within the City, to take care of the property, thereby relieving the City of liability. Jim Kerins, 3075 Molokai Place, Costa Mesa, reiterated the importance of a community garden for recreation, and community interaction. Beth Refakes, 320 Magnolia Street, Costa Mesa, stated she is an avid organic gardener and understood the need for a community garden, but was concerned with the cost to the City, as well as the estimated yearly maintenance fees. Katrina Foley, 2778 Lorenzo Avenue, Costa Mesa, encouraged Council to vote in favor of the rehearing. MOTION/Granted On motion by Council Member Cowan, seconded by Council Request for Rehearing Member Scheafer, and carried 4-1, Mayor Monahan voting no, the request for rehearing was granted. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 19, 2003, Ordinance 03-4 second reading and adoption of Ordinance 03-4. The Assistant Review Requirements Development Services Director reviewed the Agenda Report dated Accessory Apartments May 22, 2003. MOTION/Adopted On motion by Council Member Cowan, seconded by Council Ordinance 03-4 Member Mansoor, and carried 4-1, Mayor Pro Tem Steel voting no, Ordinance 03-4 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING REVIEW REQUIREMENTS FOR ACCESSORY APARTMENTS. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 19, 2003, Ordinance 03-5 second reading and adoption of Ordinance 03-5. The Public Temporary Recycle Services Director reviewed the Agenda Report. Receptacles Beth Refakes, 320 Magnolia Street, Costa Mesa, commented that dumpsters, whether temporary or permanent, are "eyesores", create blight on residential neighborhoods, and are a negatively impact on adjacent property owners. She asked that Council reconsider adoption of the ordinance. MOTION/Adopted On motion by Council Member Cowan, seconded by Mayor Pro Ordinance 03-5 Tem Steel, and carried 5-0, Ordinance 03-5 was given second reading and adopted: 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. NEW BUSINESS The Deputy City Clerk presented appointments to the Advisory Committee Appoint- Committee of Teens (ACT); Child Care and Youth Services ments Committee; Cultural Arts Committee; Fairview Friend/Fundraising Committee; Historical Preservation Committee; and Human Relations Committee. The Management Analyst reviewed the Agenda Report dated May 19, 2003, and responded to questions from Council. ey MOTION/Advisory On motion made by Council Member Cowan, seconded by Mayor Committee of Teens Monahan, and carried 5-0, staff was directed to provide a report during budget deliberations on the status of the Advisory Committee of Teens (ACT). MOTION/Appointed A motion was made: by Council Member Scheafer, seconded by And erson/Blotti/Hanold Council Member Mansoor, and carried 5-0, Ingrid Anderson, Gloria To Child Care & Youth Services Blotti, and Regan Hanold, were appointed to the Child Care and Youth Services Committee. MOTION/Reappointed A motion was made; by Council Member Cowan, seconded by Baker/Erick/Raab to Mayor Pro Tem Steel, and carried 5-0, to reappoint Ted Baker, Cultural Arts Kathleen Erick, and Karen Raab to the Cultural Arts Committee. MOTION/Appointed A motion was made by Council Member Cowan, seconded by Wood/Peterson to Mayor Pro Tem Steel; and carried 5-0, to appoint Kimberly Wood as Fairview Friend/Fund- an "at large" member, and Troy Peterson as the Harbor Soaring raising Committee Society Member to the Fairview Friend/Fundraising Committee. MOTION/Appointed A motion was made by Mayor Pro Tem Steel, seconded by Council Eric to Historical Member Cowan, and: carried 5-0, to appoint Kathleen Eric to the Preservation Historical Preservation Committee. MOTION/Appointed A motion was made by Mayor Pro Tem Steel, seconded by Council Drew/Stoyanoff to Member Cowan, and carried 5-0, to appoint Dr. Rendell Drew, and Human Relations Karen Stoyanoff (alternate member), to the Human Relations Committee. NEW BUSINESS The Deputy City Clerk presented an ordinance amending Title 2 of Ordinance Regulating the Costa Mesa Municipal Code regarding the regulation of at -will At -will Employees employees, and revisions to Council Policy 300-2 regarding auto allowance provisions, for executive management staff. The Personnel Manager reviewed the Agenda Report dated May 19, 2003, and he and the: Administrative Services Director responded to questions from Council. MOTION/Gave First On motion by Mayor Monahan, seconded by Council Member Reading to Ordinance Cowan, and carried 5-0, Ordinance 03-7 was given first reading: 03-7/Approved Council AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Policy Revisions COSTA MESA, CALIFORNIA, AMENDING TITLE 2 OF THE COSTA MESA MUNICIPAL CODE REGARDING THE REGULATION OF AT -WILL EMPLOYEES, second reading and adoption is scheduled for the meeting of June 16, 2003; and the revisions to Council Policy 300-2 regarding auto allowance provisions for executive management staff were approved. NEW BUSINESS The Deputy City Clerk presented a resolution agreeing to a property Property Tax Distribu- tax distribution to the; City of Newport Beach for the proposed Bay tion for Bay Knolls Knolls reorganization. The Assistant Development Services Director reviewed the Agenda Report dated May 21, 2003. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 03-36 Council Member Scheafer, and carried 5-0, to adopt Resolution 03- 36: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AGREEING TO A PROPERTY TAX DISTRIBUTION TO THE CITY OF NEWPORT BEACH FOR THE PROPOSED BAY KNOLLS REORGANIZATION. CITY ATTORNEY The Acting City Attorney presented a request for a closed session REPORT pursuant to Section 54956.9 (a) of the California Government Code to be held to confer; with legal counsel, Tom Wood, Acting City Attorney, regarding existing litigation of one case. Case name: Costa Mesa v. Manion, No. 01 CC16624 (OCSC). Attorney, regarding existing litigation of one case. Case name: Costa Mesa v. Manion, No. 01 CC16624 (OCSC). MOTION/Approved A motion was made by Mayor Monahan, seconded by Mayor Pro Recommendation Tem Steel, and carried 5-0, the recommendation of the Acting City Attorney in the Confidential Memorandum dated May 28, 2003, was approved. CITY MANAGER The City Manager expressed his thanks to Council on behalf of staff REPORT for getting their budget questions in early, and for setting up meetings and working together to get the answers in a timely manner. He also reiterated the Budget is available on the City's website for the public to view. ANNOUNCEMENT Mayor Monahan announced the Budget Study Session would be held on Monday, June 9, 2003, immediately following the Redevelopment Agency Meeting, which will commence at 2:00 p.m. COUNCIL Council Member Cowan requested an update on traffic control, and COMMENTS/Orange sound monitoring, for the concerts to be held at the Pacific County Fair/Pacific Amphitheater as part of the Orange County Fair and wished to have Amphitheater included information on the parking situation at Orange Coast College and how their swap meet will be affected. She requested Mobile Home that a request for staff time to work on a Mobile Home Ordinance Ordinance for the City to include conversion requirements be agendized for the July 7, 2003, Council Meeting. Council Member Cowan stated she Council Policy would also like to look at creating a Council Policy regarding projects being pulled from the Consent Calendar. She asked if IKEA Grand Opening IKEA had any responsibility for reimbursement of the traffic control costs for their grand opening the previous week. The City Manager replied that he would research the requested information. ADJOURNMENT The Mayor declared the meeting adjourned at 11:10 p.m. Mayor of the (ity of Costa Mesa ATTEST: Deputy ity'Clerk of the City of Costa Mesa