HomeMy WebLinkAbout08/04/2003 - City CouncilREGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
AUGUST 4, 2003
The City Council of the City of Costa Mesa, California, met in
regular session August 4, 2003, at 6:30 p.m., in the Council
Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting
was called to order ;by the Mayor, followed by the Pledge of
Allegiance to the Flag led by Council Member Mansoor, and
invocation by Pastor Bob Moore, South Coast Christian 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
Development Services Director
Donald Lamm
Public Services Director William
Morris
Finance Director Marc Puckett
Deputy City Clerk Julie Folcik
MINUTES On motion by Council Member Cowan, seconded by Mayor Pro
July 21, 2003 Tem Steel, and carried 5-0, the minutes of the regular meeting of
July 21, 2003, were approved.
ORDINANCES AND A motion was made,,by Council Member Cowan, seconded by
RESOLUTIONS Mayor Pro Tem Steel; and carried 5-0, to read all ordinances and
resolutions by title only.
PRESENTATION Mayor Monahan announced that Rick Miller had been selected as
Mayor's Award a recipient of the Costa Mesa Mayor's Award in recognition of his
heroic actions during the robbery of a Costa Mesa Von's Market.
Mayor Monahan commended Mr. Miller for his quick, decisive
actions, which led to the apprehension of the subject, and his
bravery and perception during the ordeal.
PUBLIC COMMENTS Donald Nicholson, 20.63 Republic Avenue, Costa Mesa, reported
4th of July Fireworks; that 4th of July fireworks had= converted his neighborhood into a
Handicap Access "war zone", and commended -the. Boy Scouts of America for using
means other than fhe'sale offreworks to raise funds. At 9:30 p.m.
on the 4th,: hey_ indicated- that --h;_- had placed calls to the five
members of the Cj#y,,Courdil due to the severity of the situation.
Mr. Nicholson advisd of=inn:_ incident that occurred on July 30,
2003, at the corner-; of.: Victoria Street and Placentia Avenue
involving a handicapped individual who is employed at High Hopes,
an organization for persons with head trauma, and indicated that
the young man had been seriously injured. Mayor Monahan
responded that the matter would be investigated.
Mildred Nicholson, 2063 Republic Avenue, Costa Mesa, concurred
with her husband that, fireworks are intrusive. She objected to the
City attempting to "fix everything" on the west side of Costa Mesa,
suggesting that residents should maintain their own property and
expressed her opposition to rezoning.
Fireworks Ban; Senior Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, encouraged
Housing; Council to pursue the ban of fireworks in Costa Mesa, citing the
number of personal injuries and buildings lost. He indicated that
mobile homes are the only affordable senior housing available in
the City, and suggested that Council should take action to ensure
the stability of the zoning to afford seniors a certain amount of
protection. He commented on the legal action taken by Rutter
Development, and recommended that persons concerned about
freedom of speech issues contact their Senators in Washington,
D.C., and State legislators.
Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa
Mesa, reported that only five of the 34 Orange County cities allow
fireworks, and suggested initiating a discussion with the League of
California Cities regarding the manner in which nonprofit
organizations can raise funds in lieu of selling fireworks.
Regarding the closing of EI Nido Trailer Park, she reported that she
had visited the Anchor Trailer Park, 1527 Newport Boulevard, a
suggested relocation site, with a couple of the El Nido residents
and found. only two spaces available. She reiterated that the
residents are being evicted from their mobile homes and need a
place to live.
Karl Ahlf, 157 East 23rd Street, Apt. A, Costa Mesa, supported a
ban on fireworks, reporting that he had found two bottle rockets on
his street which had been fired from a distance of two blocks.
EI Nido Trailer Park Dick Matherly, 1640 Newport Boulevard, Space 22, Costa Mesa, EI
Nido Trailer Park, revealed that he had received several offers
from Brown and Associates, the owners of El Nido Trailer Park and
Snug Harbor Trailer Park, 1626 Newport Boulevard, to relocate to
Anchor Trailer Park. He indicated that the offer did not extend to
his neighbors, and he therefore could not accept as a matter of
honor.
Dorothy Harmer, 1640 Newport Boulevard, Space 61, EI Nido
Trailer Park, felt that Brown and Associates were attempting to
"divide and conquer." She hoped that they would recognize each
tenant as an individual with a special situation, and suggested that
they make a reasonable offer instead of the $3,000.00 to
$4,000.00 for a single -wide trailer and $6,000.00 to $7,000.00 for a
double -wide trailer.
Irene Shannon, 1640 Newport Boulevard, Space 17, Costa Mesa,
EI Nido Trailer Park, commented that the article regarding the
closing of the park in the Daily Pilot had contained eight errors.
Sandy Johnson, 344 Cabrillo Street, Costa Mesa, proposed that
Brown and Associates consider selling EI Nido Trailer Park to the
residents, and stated that the monies paid in rent would make a
nice mortgage payment. As .an alternative, she suggested that the
City convert the trailers to affordable housing. She commented on
the effects of shade on growing tomatoes.
Coyote Problems Sally Humphrey, 1620 Sandalwood Street, Costa Mesa,
commented that her missing cat, as well as other animals which
have disappeared from her neighborhood, appear to be the victims
of coyote attacks. She confirmed with residents that there had
been coyote sightings, related her experience with a coyote in her
backyard, and stated that she had called Animal Control who
informed her that Costa Mesa does not have a coyote problem.
She asked for the City's assistance.
Pauline Thomas, 1671 Labrador Drive, Costa Mesa, reported that
she lost her cat a few weeks prior and had been informed by
business owners and, other residents in her neighborhood that
there is a coyote problem and of the many missing animals. She
contacted the Department of Fish and Game in San Diego who
were concerned about coyote studies not being publicized, coyotes
prowling in inhabited ;areas is abnormal behavior, and the large
number of animals ' reported missing. Ms. Thomas believes that
the public needs to be,educated regarding this problem.
TeWinkle Park Fields Lisa Reedy, 2747 San Carlos Lane, Costa Mesa, read a letter from
Nadine Andreen, 27, 69 Cibola Avenue, expressing concern
regarding the proposed increase in the size of the baseball field in
TeWinkle Park, the removal of approximately 30 trees, and the
field setbacks. She reported that residents within 500 feet had not
been notified that this subject was to be discussed at the Council
meeting of July 7, 2003.
1901 Newport Plaza Robin Leffler, 3025 Samoa Place, Costa Mesa, advised that she,
Residences Project the Costa Mesa Citizens for Responsible Growth, and the City of
Lawsuit Costa Mesa, had been named in a lawsuit by Rutter Development
regarding the 1901 Newport Plaza Residences Project. She
believed that this is a freedom of speech issue, and asked if this is
the type of neighbor to, be welcomed into Costa Mesa.
Douglas Carstens, attorney at law, Chatham, Brown, and
Associates, 3250 Ocean Park Boulevard, Suite 300, Santa Monica,
representing Costa Mesa Citizens for- Responsible Growth
regarding the 1901 Newport Plaza Residences Project, indicated
that he looked forward to addressing Council regarding the above-
mentioned lawsuit.
A resident of Seal Beach, felt that development should preserve the
character of the land and the quality of life and be in accordance
with the wishes of the ;citizens of the community. Referring to the
1901 Newport Plaza Residences Project, he observed that the
developer has filed a lawsuit instead of working with the community
and with opposition groups.
An unidentified speaker who opposed the 1901 Newport Plaza
Residences commented that she lives one block from 19th Street
and Newport Boulevard. She reminded Council of the Toyota
dealership development on Harbor Boulevard that worked with the
community to address;and resolve issues relative to the project.
Municipal Code Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa,
Violations showed photographs of shopping carts in the "Fillmore slum",
asking the City to institute removal as they are "junking up" the
neighborhood, and informed of vending trucks which have not
adhered to regulations regarding hours of operation and various
other restrictions as outlined in the Costa Mesa Municipal Code.
He complained that the Police Department has been slow to
respond to complaints.
Citizens Fire Academy; Cindy Brenneman, 1856 Elba Circle, Costa Mesa, announced that
National Night Out Thursday, July 31, 2003, was the first graduation of the Costa
Mesa Citizens Fire Department Citizens Fire Academy, a 12 -week
program that produced 27 graduates. She thanked those involved
for their passion and dedication, and encouraged citizens to
participate by contacting the Royal Palm Fire Station, (714) 327-
7400. She observed that Tuesday evening, August, 5, 2003, is the
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20th annual National Night Out, a crime and drug prevention event
which will be held in three locations, Shalimar Drive and Placentia
Avenue, EI Camino Drive and Mendoza Drive, and the Balearic
Center, from 6:00 p.m. to 9:00 p.m. Mrs. Brenneman commended
persons who addressed the Council, adding that they should not
bear the fear of legal retaliation.
"Greenlight" Measure Larry Porter, 1501 Westcliff Drive, No. 201, Newport Beach, urged
Council to adopt a "greenlight" measure in order to retain the
quality of life in Costa Mesa by preventing "runaway densification".
He explained that the measure ensures that citizens have the final
say on developments which override the General Plan.
Stiller Comments David Stiller, 2879 Regis Lane, Costa Mesa, reported that he had
driven the length of Paularino Avenue, from Fairview Road to Babb
Street, without encountering a single shopping cart; that the coyote
problem is also found in Mesa del Mar; that Council Member
Scheafer is to be congratulated for pursuing a ban on fireworks;
and that the Rutter Development lawsuit is objectionable and the
company has now created a negative, counterproductive image.
City Budget Doug Sutton, 2739 Canary Drive, Costa Mesa, observed that the
City spending has gained at a much greater percentage than the
State, stating the need to agree on an approach to oversee and
prioritize the City's $100 million budget. He indicated that the
City's socioeconomic profile, an aging constituency, and the
renter/homeowner ratio all indicate growing community demand.
Mr. Sutton object to spending $1 million for cosmetic refacing of
19th Street without overwhelming support of the area businesses,
emphasizing that the City's responsibility is to prioritize. He
envisioned a mandatory "no loitering for hire" ordinance, and the
funding for police officers to enforce it.
"Dyke March" Lori Hutson, 12832 Garden Grove Boulevard, Suite A, Garden
Grove, representing the Orange County Dyke March Committee,
reported that a letter had been delivered to City Council this date
from the American Civil Liberties Union regarding the August 16,
2003, "Dyke March". She expressed appreciation for staffs efforts
regarding the permit but felt the necessity of pursuing more formal
measures to resolve the issue. She believed that there is a
problem with the City's permit process.
Bus Stop Cleanup Mike Berry, 2064 Meadow View Lane, Costa Mesa, member of the
Westside Improvement Association, complained about the
condition of the seats at bus stops, and asked if the City would
consider a voluntary effort by the businesses in the area. He
advised that his residence is near Canyon Park where coyotes
have been reported, and suggested that residences keep their
animals inside until the problem is resolved.
19th Street Bridge Robert Graham, 3260 Dakota Avenue, Costa Mesa, remarked that
it had been suggested that if he wanted a study of a potential
bridge on 19th Street that he should fund the study himself, to
which he replied that he already had. Specifically, he mentioned
$200,000.00 for the Westside Specific Plan which should have
addressed this issue. He accused Council of "taking the teeth" of
the study.
"Heritage Tree" Joey Roccano, resident of Huntington Beach, founding member of
Resolution the Orange County Ocean Outfall Group, indicated that he is the
author of the "Heritage Tree" resolution which was adopted by the
State in March, 2003, and which opposes the cutting of any trees
which are older than the state. He reported that Rutter
Development is slated to destroy 500 to 1,000 of these trees in
Trabuco Canyon, and urged citizens to support those who speak
out.
Southern California Jane Brown, Public Affairs Region Manager, Southern California
Edison Edison Company, Post Office Box 11982, Santa Ana, announced
that on Friday, August 1, 2003, electric rates were reduced from 8
percent for residential up to 19 percent for businesses. She
indicated that in the coming weeks, Edison will provide an analysis
and information regarding the City's savings; and thanked
everyone for conservation efforts during the energy crisis. Ms.
Brown applauded the City for encouraging developers to build with
energy conservation in mind.
View Preservation Robert Reeder, 1127; and 1131 Aviemore Terrace, Costa Mesa,
Ordinance reported that following public comments at the April 21, 2003,
Council meeting, staff toured the proposed view preservation area,
visiting four homes to, obtain a better understanding of the actual
view potential. He added that they had excluded the Marina
Highlands area, and requested that the backyards of 1157, 1151,
and 1147 Gleneagles'Terrace be considered as they overlook the
two-story home on 1163 Aviemore Terrace which is not built below
the original lot level:
Damaged Apartment Stan Bartram, 2621 Harbor Boulevard, Apt. G-3, Costa Mesa,
reported that his apartment was recently acquired by the owners of
Harbor Village who have initiated extensive remodeling, and he
detailed the damage inflicted on his apartment since the roof has
been torn off. He read an e-mail written to the management
company on May 26, 2003, and indicated that they want he and his
family to move. Thee Development Services Director replied that
the Chief Building Inspector will review the situation first thing on
Tuesday, August 5th, will check to ensure that the appropriate
permits have been obtained, and will contact Mr. Bartram.
First Amendment Darnell Wyrick, 1806 Hummingbird Drive, Costa Mesa, president,
Rights Mesa Verde Homeowners Association, observed that first
amendment rights are protected under the United States
Constitution, and believed that opposition to an issue should not be
the basis for a lawsuit:
Handicap Access Tiny Hyder, 2156 Myran Drive, Costa Mesa, a 60 -year resident,
commented on the lack of concern for children in developments
approved by the City,' noting a lack of play area. She complained
about handicap access, adding that she had only two minutes to
cross the majority . of the streets and then the incline is steep
enough to topple her wheelchair. Ms. Hyder observed that there is
a large community, of wheelchair bound persons, and requested
that conditions be improved. The Public Services Director replied
to a question from Council Member Mansoor by stating that access
ramps are installed in iall construction or rehabilitation projects, and
older ramps which do not meet existing standards are removed.
He expanded by stating that residents with a disability who require
certain route improvements are accommodated. Council Member
Mansoor counseled Ms. Hyder to contact staff to impart her
concerns about specific locations.
Genis Comments Sandra Genis, 1586 ',Myrtlewood Street, Costa Mesa, concurred
with Ms. Hyder regarding signal timing, and stated, as a former -
Housing Commissioner for the County of Orange, that there are
certain standards in order for housing to be habitable, specifically
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addressing Mr. Bartram's roof problems. She also encouraged
Council to support the right of the citizens to be heard on the 1901
Newport Boulevard development project.
Newport Boulevard Jan Vandersloot, 2221 East 16th Street, Newport Beach,
Traffic addressed traffic congestion on Newport Boulevard at the
intersections of 17th and 19th Streets, and the impact of the
proposed development at 1901 Newport Boulevard. He
disapproved of the Rutter Development lawsuit, resenting the
intimidation tactics, and objected to the destruction of in excess of
500 Oak trees in Trabuco Canyon as mentioned by a previous
speaker.
Tree Removal Lori McDonald, 284 Walnut Street, Costa Mesa, was disgusted
that Jeffrey Hutter, 282 Esther Street, Costa Mesa, had recently
destroyed a 60 -foot Pine tree, despite her appeal to the City, and
violating the Conditions of Approval for the project on his property
(Minor Design Review ZA-01-69). She observed that the tree had
a mature and healthy. The Development Services Director stated
that this situation would be investigated, and Council and Ms.
McDonald will be informed of the results.
Prince of Peace Ficus Gordon Pate, 2973 Ceylon Drive, Costa Mesa, reminded Council
Trees of his previous observations regarding the Prince of Peace School
and their ficus trees on Baker Street, Mesa Verde Drive East, and
Ceylon Drive. He indicated that the Planning Division had
determined that the School had violated their building permit by
planting trees which had not been previously approved by the City.
Mayor Monahan advised Mr. Pate that this matter would be
investigated.
CONSENT The following items were removed from the Consent Calendar:
CALENDAR Item No. 4, Claim from Rita Joy Kunkel.
MOTION/Approved On motion by Council Member Cowan, seconded by Mayor Pro
Except Item No.4 Tem Steel, and carried 5-0, the remaining Consent Calendar items
were approved as recommended.
READING FOLDER The following Reading Folder items were received and processed:
Claims Claims received by the Deputy City Clerk: Renado Angelo
Herrera; JoTana Grazia Jones (2); and Roy Wiley.
ABC License Request for an Alcoholic Beverage Control (ABC) License was
received from Hilton Costa Mesa, 3050 Bristol Street, for a person-
to-person transfer of an existing Type ABC License (on -sale
general for a bona fide eating -place) and a Type 66 ABC license
(controlled access cabinet permit).
WARRANTS The following warrants were approved:
Approved Warrant Warrant Resolution 1963, funding Payroll No. 315 for
1963/Payroll 315 $2,037,766.87, Payroll No. 314A for $511.95, and City operating
expenses for $1,667,015.12, including payroll deductions.
Approved Warrant Warrant Resolution 1964, funding City operating expenses for
1964 $1,175,901.66.
ADMINISTRATIVE Street improvements at 2636 Santa Ana Avenue were completed
ACTIONS/Accepted to the satisfaction of the Public Services Director by Cross
Street Improvements Communities, Inc., 8141 East Kaiser Boulevard, Suite 120,
at 2636 Santa Ana by Anaheim, in connection with Encroachment Permit No. PS01-
273
Cross, PS01-00345 00345 (Tract 16030). The work was accepted, and the bonds
(Tract 16030) were ordered exonerated.
Accepted Street Im- Street improvements at 744 West 19th Street were completed to
provements at 744 the satisfaction of the Public Services Director by Autozone, Inc.,
West 19th by Auto- 123 South Front Street, Memphis, Tennessee, in connection -with
zone, PS00-00523 Encroachment Permit ,No. PS00-00523 (DR -99-19). The work was
(DR -99-19) accepted, and the bonds were ordered exonerated.
Accepted Street Im- Street improvements at 2115 Newport Boulevard were completed
provements at 2115 to the satisfaction of the Public Services Director by Lusardi
Newport by Lusardi, Construction Company, 1570 Linda Vista Drive, San Marcos, in
PS01-00381 (PA -99- connection with Encroachment Permit No. PS01-00381 (PA -99-
07) 07). The work was accepted, and the bonds were ordered
exonerated.
Awarded Replacement Bids received for Replacement of Carpeting at Various Locations,
of Carpeting at Various Project No. 03-12, are on file in the City Clerk's office. The
Locations, Project No. contract was awarded to Dupont Flooring Systems, doing business
03-12 to The Inviron- as The Invironmentalists, 1355 South Acacia Avenue, Fullerton, for
mentalists $30,205.00, and the Mayor and Deputy City Clerk were authorized
to sign on behalf of the City.
Awarded Sun Screens Bids for Furnish and Install Sun Screens at the Police Facility, 99
for Police Facility, Fair Drive, Project No. 03-14, are on file in the City Clerk's office.
Project No. 03-14, to The contract was awarded to Crystal Glass, Inc./Crystal Glass and
Crystal Glass Mirror, 505 South Harbor Boulevard, Santa Ana, for $3,429.72,
and the Mayor and Deputy City Clerk were authorized to sign on
behalf of the City.
Approved Agreement An agreement was approved with One Town Center Associates,
with One Town Center 3315 Fairview Road, Costa Mesa, for installation of flashing in -
for Pavement Lights pavement lights at the existing mid -block crosswalk located on
Town Center Drive, at no cost to the City, and the Mayor was
authorized to sign on behalf of the City.
Claim from Rita Joy Item No. 4 on the Consent Calendar was presented: Claim from
Kunkel Rita Joy Kunkel (trip and fall on City sidewalk). Council Member
Cowan asked that this item be continued for two weeks in order for
MOTION/Continued to the Acting City Attorney to respond to her questions. On motion by
August 18, 2003 Council Member Cowan, seconded by Mayor Pro Tem Steel, and
carried 5-0, this item was continued to the meeting of August 18,
2003.
ADJOURNMENT TO Mayor Monahan adjourned the Council meeting to a special joint
SPECIAL JOINT meeting of the City Council and Redevelopment Agency; and
MEETING OF THE Agency Chairman Steel convened the Agency meeting.
CITY COUNCIL/
REDEVELOPMENT Agency Members Present: Chairman Chris Steel
AGENCY Vice Chairman Allan Mansoor
Agency Member Gary Monahan
Agency Member Libby Cowan
Agency Member Mike Scheafer
Agency Members Absent: None
Officials Present: Executive Director Allan Roeder
Acting City Attorney Tom Wood
Request for Closed The Acting City Attorney requested a closed session pursuant to
Session Section 54956.7 of the California Government Code to discuss
existing litigation regarding the 1901 Newport Plaza Residences
Project, Rutter Development Corporation v. City of Costa Mesa,
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Orange County Superior Court Case No. 03CC09792. He reported
that a lawsuit had been filed August 1, 2003, by the applicant for
the project, and asked to present a brief evaluation.of the lawsuit to
Council in a closed session.
MOTION/Approved A motion was made by Vice Chairman/Council Member Mansoor,
Adjourning to a Closed seconded by Agency Member/Council Member Scheafer, and
Session carried 5-0, to approve adjourning the joint meeting to a closed
session to discuss the information previously addressed by the
Acting City Attorney.
ADJOURNMENT TO
CLOSED SESSION/ At 8:15 p.m., Mayor Pro Tem/Chairman Steel adjourned the
MEETING meeting to a closed session in first floor Conference Room B, and
RECONVENED reconvened the meeting at 9:00 p.m.
PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued
1901 Newport Plaza from the meeting of July 7, 2003, for reconsideration of the April
Residences Project 14, 2003, Special Joint Meeting of the City Council and
Redevelopment Agency decision regarding 1901 Newport Plaza
Residences Project located at 1901 Newport Boulevard, for Dave
Eadie, Rutter Development, authorized agent for property owner
Kennedy/Rutter Development, for a 161 -unit residential
condominium project in the Planned Development Commercial
(PDC) Zone. Environmental Determination: Final EIR No. 1050.
Certification of Final EIR No. 1050.
General Plan Amendment GP -02-04 and Title 13 amendments
for a site-specific floor area ratio (FAR) for the commercial
component (0.35 FAR allowed; 0.70 FAR proposed), for a site-
specific density for the residential component (20 du/ac
allowed; 45 du/ac, proposed), and for the proposed 5 -level
parking structure [applies to General Plan] (4 -stories allowed; 5 -
stories proposed).
Final Master Plan approval PA -02-11 for the proposed mixed-
use project and variance from residential parking requirements
(455 residential parking spaces required; 415 residential
parking spaces proposed).
Inclusionary Housing Plan for the 1901 Newport Plaza
Residences project.
Amendment to the 1999-2004 Implementation Plan for the
Downtown Redevelopment Plan 10 include Inclusionary Housing
Provisions [Redevelopment Agency action item].
Communications were received from Costa Mesa residents Sandra
Genis, 1586 Myrtlewood Street, submitting a revised letter asking
questions and expressing concerns; Robin Leffler, 3025 Samoa
Place, Costa Mesa Citizens for Responsible Growth, suggesting
that Council adopt its own standards for "Threshold of
Significance"; Wendell Maberry, 414 Bernard Street, objecting to
the size and density of the proposed project; Curtis Herberts,
Pacific Coast Realty Group, 234 East 17 h Street, Suite 118,
requesting that children under 12 years of age that will be living in
the complex be considered; Tom Egan, 1893 Parkview Circle,
forwarding a letter from a resident opposed to the project; Edward
Mazzarella, 1207 Donegal Place, asking that the project be denied
or the density reduced; Gayle Spinks, 3221 New York Avenue,
asking that Council seek alternatives to resolving the City's housing
problems; and Frances T. Hoppe, 3086 Fernheath Lane.
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MOTION/Continued A motion was made by Mayor/Agency Member Monahan,
to September 2, 2003 seconded by Council Member/Agency Member Cowan, to continue
the joint public hearing to the meeting of September 2, 2003, to
postpone addressing, the development this evening due to many
unanswered questions involving the litigation, and that public
comment be taken at the September 2, 2003, continued hearing.
Mayor Pro Tem/Chairman Steel indicated that he had initially voted
to approve the development but had reservations regarding the
size, the density, and the sunlight issue. He concurred with
rehearing the project,, but unless the developer had modifications
and reduced the scale, stated that he would oppose approval.
Council Member/Vice Chairman Mansoor opposed the motion,
believing that the project should be considered this evening and
public comment taken. He felt that the City's reliance on what is
considered the "Threshold of Significance" has been subjective
from the beginning, 'and even with the new E.I.R. and revised
development plans, he thought that there will be a significant
negative impact on the City and the surrounding neighborhood in
terms of shade and shadow, traffic, and density. Council
Member/Vice Chairman Mansoor supported reviewing the entire
project from the beginning in terms of the General Plan, observing
that the current project is double the density allowed by that
document. He opposed modifying the General Plan with a simple
Council decision which undoes that accomplished by public
comment and involvement.
Council Member/Agency Member Cowan supported the
continuance, commenting that the lawsuit drastically changed the
circumstances. She ' did not deem it prudent to take action this
evening as emotions are running high.
The motion carried ;3-2, Mayor Pro Tem/Chairman Steel and
Council Member/Vice,Chairman Mansoor voting no.
Douglas Carstens, :attorney at law, Chatham, Brown, and
Associates, 3250 Ocean Park Boulevard, Suite 300, Santa Monica,
representing Costa Mesa Citizens for Responsible Growth,
requested that public testimony be taken. Regarding the
reconsideration of the E.I.R., he did not believe that the lawsuit
changed circumstances because the issues which are addressed
in the lawsuit have previously been presented to Council. He
suggested that the City make the final decision before the matter
comes before a judge. Mr. Carstens opined that the developer, by
filing a lawsuit, is showing his "true colors."
Dave Eadie, Rutter Development, 18012 Cowan, Suite 200, Irvine,
called it fair to continue the item in order to fully evaluate the
substance of the lawsuit. He stated that the petition filed with the
court raises legitimate issues, and noted that a number of persons
who attended the meeting on April 14, 2003, when the project was
originally approved, were strong proponents of the badly needed
housing. Mr. Eadie indicated that this is the first lawsuit that Rutter
Development has filed against a City but felt that they needed to
preserve their legal rights.
CITY COUNCIL At 9:20 p.m., Mayor Pro Tem/Chairman Steel adjourned the
MEETING special joint meeting of the City Council and Redevelopment
RECONVENED Agency to the regular meeting of the City Council; and Mayor
Monahan reconvened; the Council meeting.
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OLD BUSINESS The Deputy City Clerk presented a Request for Rehearing from
TeWinkle Field Softball Mayor Pro Tem Steel of the decision of the City Council at its
Field Dimensions regular meeting of July 7, 2003, of the TeWinkle Park Softball Field
Dimensions. Communications were received from David Stiller,
2879 Regis Lane, Costa Mesa, submitting a letter he sent to the
Board of Directors of the Mesa del Mar Homeowners Association;
and Paul and Anne Kelly, 2736 Mendoza Drive, Costa Mesa, in
opposition to expansion of the fields and removal of the mature
trees. Mayor Pro Tem Steel addressed his reasons for the appeal,
stating that public input had not been received regarding
dimensions of the ball fields at TeWinkle Park Athletic Complex,
specifically residents of Mesa del Mar had not received public
notice that the subject would be discussed at the meeting of July 7,
2003. He also mentioned environmental reasons wherein 31 trees
would be eliminated, and advocated retaining the 31 trees, planting
an additional 60 trees, retaining the existing distance of the
southeast and southwest ball fields, and making the fences higher.
Mayor Monahan observed that rehearing requests are based on
the receipt of new information or information that was unavailable
at the original hearing. The Acting City Attorney confirmed that the
criteria for a rehearing requires the applicant to establish that there
is new evidence which was not provided to Council at the earlier
hearing, or there is a legal question which was not raised at the
original hearing but is raised in the application for rehearing.
Council Member Cowan supported a rehearing stating that she had
requested in the past that the policy of making substantive
changes to previously approved projects without notice be
reviewed. She supported larger ball fields at TeWinkle Park but
had not the benefit of full and complete drawings of the proposed
field fences prior to the July 7, 2003 decision.
MOTION/Granted A motion was made by Council Member Cowan, seconded by
Rehearing Mayor Pro Tem Steel, to grant the rehearing and schedule it for the
meeting of October 20, 2003, directing staff to provide notification
of the hearing to residents within 500 feet, as well as to the
homeowners association, to provide full and complete drawings of
the proposal prior to the hearing, and to hold a community meeting
at the park.
Council Member Mansoor concurred with the comments made by
Council Member Cowan. He asked to hear from Mesa del Mar
residents on the impact of the proposed changes, and was
assured that the meeting with Mesa del Mar Homeowners
Association be prior to October 20, 2003.
David Stiller, 2879 Regis Lane, Costa Mesa, observed that
members of the Mesa del Mar Homeowners Association were
disappointed that their efforts to forge better communications with
the City suffered a setback when they were not noticed about
proposed changes in the softball fields. He congratulated Council
for attempting to rectify the situation.
Jean Brown, 951 Presidio Drive, Costa Mesa, stated that her home
is within 500 feet from the center of the ball field, and addressed
the proposed relocation of the picnic area and tot lot.
John Rittenhouse, 966 Presidio Drive,,Costa Mesa, reiterated that
none of the residents of Mesa del Mar were aware of the proposal
for the ball fields.
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Katrina Foley, 2778 Lorenzo Avenue, Costa Mesa, encouraged
Council to rehear the item, citing lack of notice to the residents.
She advised that notice had been given to the entire neighborhood
via the Homeowners Association newsletter regarding a Planning
Commission item for review of the TeWinkle Park Master Plan.
She added that an analysis also was not provided as to conformity
with the General Plan even though this is a substantive change.
Paul Kelly, 2736 Mendoza Drive, agreed with Council Member
Cowan regarding the procedure on notification.
Lisa Reedy, 2747 San Carlos Lane, Costa Mesa, member of the
Board of Directors for the Mesa del Mar Homeowners Association,
appreciated the opportunity to rehear the previous decision.
Council Member Scheafer asked that Costa Mesa softball leagues
be notified when construction will be accomplished on the ball
fields, asked that staff provide information regarding the length of
time the fields will be out of use, encouraging that the Recreation
brochures contain the'same information.
The City Manager proposed that staff provide a report relative to a
range of alternatives regarding noticing on park projects.
The original motion to grant the rehearing was reintroduced by
Mayor Monahan, and carried 5-0.
OLD BUSINESS The Deputy City Clerk presented from the meeting of July 21,
Commercial Recrea- 2003, consideration of a Commercial Recreation Zone. The City
tion Zone Manager reviewed the Agenda Report dated July 24, 2003.
Council Member Mansoor called the concept interesting, stating
that he fully supports, recreational uses in the City. He thought it
unfortunate that the recreation uses at Mesa Verde Shopping
Center were lost, but did not understand the purpose of this item,
especially considering the amount of staff time involved. He
suggested investigating a Council Policy as a way to bring about
incentives for recreational type uses.
Katrina Foley, 2778 Lorenzo Avenue, Costa Mesa, encouraged
consideration of the Planning Commission's request to allow them
to review the concept of creating a commercial recreation zone,
and to investigate implementing a General Plan objective and
policy. She indicated that comments from residents address a lack
of commercial recreation, and she suggested that the City be
surveyed to locate areas which would be appropriate.
Robin Leffler, 3025 Samoa Place, Costa Mesa, supported directing
the Planning Commission and staff to explore this concept, and
mentioned several options which had not been investigated which
had been available for Mesa Verde Center. She reported that
Mesa Verde Homeowners Association had made an overture to C.
J. Segerstrom and Sons to meet and investigate what is needed to
determine the best and most profitable use of the site.
Council Member Mansoor advised that he had met with C. J.
Segerstrom and Sons representatives who were not interested in
recreational uses for that site.
MOTION/To Receive A motion was made by Council Member Mansoor, seconded by
and File Report Mayor Monahan, to receive and file the report.
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SUBSTITUTE
MOTION/Referred
to Joint Planning/Parks
Meeting
NEW BUSINESS
Target Greatlands
ABC Request
Council Member Cowan had mixed emotions about commercial
recreation zones, believing that it could be successful or disastrous
and should be carefully thought out. She thought that the General
Plan should identify the City's interest in, and framework for,
commercial recreation.
A substitute motion was made by Council Member Cowan,
seconded by, Council Member Scheafer, and carried 3-2, Mayor
Monahan and Council Member Mansoor voting no, to refer
establishment of a Commercial Recreation Zone to a joint meeting
of the Planning Commission and the Parks and Recreation
Commission, with direction to establish a report for Council
consideration which includes modifications to the language of the
City's General Plan.
Council Member Scheafer thought that by allowing the Joint
Meeting, the residents will know that Council is interested in
promoting recreation. He encouraged both bodies to be aware of
the recreational needs of the City and the residents. Mayor Pro
Tem Steel supported the substitute motion thinking that it may
"take the pressure off' the ball fields. Council Member Mansoor
opposed the motion, supporting the concept of recreation in the
City but objecting to the amount of staff time involved.
The Deputy City Clerk presented a request from Target
Greatlands, 3030 Harbor Boulevard, Unit A, for a public
convenience or necessity finding for a premise -to -premise transfer
of a Type 20 ABC License (off -sale beer and wine). A
communication was received from Target requesting a continuance
to the meeting of August 18, 2003.
MOTION/Continued On motion by Council Member Cowan, seconded by Council
to August 18, 2003 Member Scheafer, and carried 5-0, this item was continued to the
meeting of August 18, 2003.
NEW BUSINESS The Deputy City Clerk presented Traffic Impact Fee Ad Hoc
Traffic Committee Committee appointments. The Public Services Director
Appointments summarized the Agenda Report dated July 23, 2003.
MOTION/Appointed A motion was made by Mayor Monahan, seconded by Council
Davenport and Member Mansoor, and carried 5-0, to appoint Walter Davenport
McQueen and Teresa A. McQueen, Esq., as members of the committee.
NEW BUSINESS The Deputy City Clerk presented General Plan Amendment
GPS -03-02, 330/340 Screening Request GPS -03-02 for 330/340 West Bay Street.
West Bay Street Council Member Scheafer noted his abstention from the vote on
this item as one of the properties is owned by an organization of
which he is a member of their Board of Directors.
The Development Services Director reported that the subject
property contains a commercial building which is currently the
home of the Daily Pilot newspaper. He stated that the property
owner would like to change the commercial designation to medium
density residential. He added that staff felt that the three adjoining
properties which front on Newport Boulevard should be included in
the application, and he concluded by stating that the properties
meet the General Plan policy that encourages the conversion of
existing marginal or vacant commercial properties to residential.
Terry Shaw, 420 Bernard Street, Costa Mesa, thought that this
type of housing should be encouraged in Costa Mesa, assuming
Elm
that it remains within the boundaries of the proposal. He
mentioned speeding problems on Bay Street.
Council Member Mansoor supported accepting the application in
terms of medium density housing in the City.
MOTION/Accepted On motion by Council Member Mansoor, seconded by Council
for Processing Member Cowan, and carried 4-0, Council Member Scheafer
abstaining, the screening request was accepted for processing.
NEW BUSINESS The Deputy City Clerk presented the 2002-2003 Fourth Quarter
2003-2004 Fourth Community Objectives Update.
Quarter Community
Objectives Move the following Community Objectives to the completed or
ongoing list: 98-D4/Develop Neighborhood Improvement
Strategy for the redevelopment/improvement of the
Baker/Mendoza/Coolidge.
The Finance Director summarized the Agenda Report dated July
23, 2003.
MOTION/Approved A motion was made by Council Member Cowan, seconded by
Objectives Mayor Pro Tem Steel, and carried 5-0, to receive and file the
Community Objectives and to approve moving Objectives 98-D4
and 03-C1 to the completed or ongoing list.
NEW BUSINESS The Deputy City Clerk presented a resolution.to amend the City's
Streetscape and Streetscape and Median Development Standards regarding
Median Development Development of Landscape Medians and Rehabilitation of
Standards Neighborhood Entryways and Arterial Walls. The Public Services
Director reviewed theAgenda Report dated July 23, 2003, noting
that Attachment 6 contained the proposed revisions, and
mentioning that requests from homeowners to upgrade existing
block walls will be addressed at a future date. Council Member
Mansoor asked to incorporate standards in future landscape
medians which will; improve the community, and showed
photographs of examples. He suggested using cobblestone or
brick, as well as flowers in smaller areas, and encouraged creating
a contrast. He asked -staff to consider some of the options shown
for any future landscape median work.
Beth Refakes, 320 Magnolia Street, Costa Mesa, questioned the
one-year period to request a rehearing should a tree removal
request be denied. The Public Services Director replied that staff
is authorized to remove a tree should an emergency, such as
sewer line damage, occur. Ms. Refakes concurred with Council
Member Mansoor regarding the landscape medians, reporting that
the median at Newport Boulevard and 19th Street is "disgusting".
She suggested another means of achieving a variation in medians
without using flowers is to utilize different colored foliage.
Robin Leffler, 3025 Samoa Place, Costa Mesa, agreed with Ms.
Refakes .,regarding the tree removal requests, adding that she
encourages including a provision covering home ownership
change. She supported the use of drought tolerant landscaping,
stating that turf, while pretty, is water and labor intensive. She
commented that First Bank Plaza at Harbor Boulevard and Baker
Street is entirely landscaped in drought tolerant plants which could
survive with once -a -month watering when the plants are mature.
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Carolyn Harvey, 674-B Center Street, Costa Mesa, considered the
maintenance on the trees on Harbor Boulevard to be poor, and
suggested rethinking the medians if they will not be maintained.
MOTION/Adopted On motion by Council Member Cowan, seconded by Council
Resolution 03-50 Member Scheafer, and carried 5-0, Resolution 03-50 was adopted:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING THE STREETSCAPE
AND MEDIAN DEVELOPMENT STANDARDS.
NEW BUSINESS
Delegate for League
Conference
The Deputy City Clerk presented consideration of the designation
of 'Voting Delegate for Annual League of California Cities
Conference.
MOTION/Appointed A motion was made by Mayor Pro Tem Steel, seconded by Mayor
Scheafer Delegate and Monahan, and carried 5-0, to nominate Council Member Scheafer
Steel Alternate as the voting delegate and himself as alternate voting delegate to
the League Conference.
CITY MANAGER'S The City Manager reported that, in consideration of the action
REPORT/Budget taken last week by the State Senate, Assembly, and the Governor,
to adopt a budget, detailed figures will be presented in the next few
weeks in terms of amendments to the City's Budget. He observed
that local government is being "tapped" by the State Legislature to
balance its budget, and they intend to remove one-half of the City's
sales tax. He indicated that measures have been implemented to
cushion the impact in the short term, and all the information
available will be presented to Council and the public shortly.
COUNCIL MEMBER Council Member Scheafer had asked staff for information on
COMMENTS/Audible audible pedestrian signals, thanking the Transportation Services
Pedestrian Signals Director for the report, and encouraged staff to investigate grant
monies available for installation of the signals. Referring to the
work being accomplished by CALTRANS in the 1-405/Harbor
Harbor Median Boulevard area, exiting the southbound freeway at Harbor, making
a right-hand turn, the weeds in the median are high enough to
impact visibility. The Public Services Director replied that the City
has contacted CALTRANS regarding this situation, and to date
Skateboard Park they have not responded. Council Member Scheafer reported that
he met with staff and representatives of the skateboard industry,
and was optimistic that significant progress is being made.
ADJOURNMENT The Mayor declared the meeting adjourned at 10:40 p.m.
May the City o Costa Mesa
ATTEST:
DeI56ty City Cludrk of the Cty-of Costa Mesa