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HomeMy WebLinkAbout10/06/2003 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 6, 2003 The City Council of the City of Costa Mesa, California, met in regular session October 6, 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 Mayor Pro Tem Steel, and invocation by Dr. Paul Cox, Vanguard University. 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 Transportation Services Manager Peter Naghavi Deputy City Clerk Julie Folcik MINUTES On motion by Council Member Cowan, seconded by Mayor Pro August 18 and Tem Steel, and carried 5-0, the minutes of the regular meetings of September 15, 2003 August 18 and September 15, 2003, were approved as distributed. 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 Walter Davenport had been Mayor's Award selected as a recipient of the Costa Mesa Mayor's Award in recognition of his faithful service to the Planning Commission from 1980 to 2003, particularly his dedication, work, knowledge, leadership, and ability to keep his sense of humor. Mayor Monahan noted that Mr. Davenport had recently received an Award of Merit in the category of Distinguished Leadership: Layperson, from the American Planning Association, and recognized his involvement in many other community organizations and activities. PRESENTATION Mayor Monahan congratulated Bart Mejia, Associate Engineer, and Employees of the Pete Merritt, Chief Construction Inspector, Engineering Division, Month Public Services Department, on being named Employees of the Month for October, 2003, in recognition of their hard work and efficiency in completing the Paularino Street project and other projects throughout the City. He commended them for their experience and expertise which led to the successful completion of the project within budget and ahead of schedule. PRESENTATION Mayor Monahan read a proclamation declaring October, 2003, as Lupus Awareness Lupus Awareness Month in the City, and wished the Lupus Proclamation International organization every success in the future. He presented the document to Christina Kelly, Executive Director of -328 Lupus Race for Life. Mayor Monahan announced that a 5K Run and Walk and a One -Mile Fun Run and Walk for Lupus would be held on Sunday, October 19, 2003. PUBLIC COMMENT Don Hunter, 666 West 19th Street, No. 1606, Costa Mesa, an EI Nido/Snug Harbor/ advocate for residents living in mobile home parks, distributed Anchor Mobile Home information to Council regarding mobile home residency laws. He Parks reported that Brown and Associates, who are intending to convert their properties EI Nido Trailer Park, 1640 Newport Boulevard, and Snug Harbor Trailer Park, 1626 Newport Boulevard, into medical office buildings, are currently evicting tenants at another of their properties, Anchor Trailer Park, 1527 Newport Boulevard, in order to relocate EI Nido and Snug Harbor residents. Council Member Cowan reported that the Planning Commission will address the mobile home park draft ordinance at their study session this evening in first floor Conference Room A. The following mobile home part residents addressed the park closures: Dick Matherly, EI Nido Trailer Park, Space 22; Kevin Ellison, Anchor Trailer Park, reported that he is being evicted to make room for the relocation of residents from the other two parks; Dorothy Harmer, EI Nido Trailer Park, Space 61; and Irene Shannon, EI Nido Trailer Park, Space 17, provided a map of all the mobile home parks in Costa Mesa. Fire Department Diane Hill, 1288 Londonderry Street, Costa Mesa, announced that Emergency Training the Fire Department is hosting an emergency training event at Fire Station No. 4, 2300 Placentia Avenue, on Saturday, October 18, 2003, 9:00 a.m. to 12:00 p.m., and invited CERTS (Citizens Emergency Response Team) graduates to also attend to review their skills. She asked that attendees R.S.V.P. to Cheryl Wills, Fire Protection Specialist, at (714) 327-7401. Paul Hill, 1288 Londonderry Street, Costa Mesa, added that everyone is welcome at the October 18th CERTS training, and suggested that interested parties e-mail their name and telephone number to cmcert_comcast.net or call (714) 546-4252. Mayor Monahan commended the Fire Department for sponsoring the CERT Program and citizens such as the Hill's for their participation. Hogan-Shereshevsky Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Comments Mesa, congratulated the Orange County Marketplace on their 35th anniversary, commending their contributions to various nonprofit organizations, including the Costa Mesa Senior Center and local high schools and colleges. She hoped that the monies directed to the school system would defer the sale of 4th of July fireworks. She thanked staff for addressing the sinkhole at Wilson Street and Fairview Road, and announced that the Senior Center will host a fundraising event at the Moore Auditorium at Orange Coast College on November 14 and 15, 2003. Ms. Hogan-Shereshevsky asked if the traffic signal at Maple Street and Victoria Avenue is automatic. The Transportation Services Manager replied that the subject signal is comparable to other signals in the City in that it is controlled by "actuation" as well as when pedestrians push the button. Ms. Hogan-Shereshevsky opined that the signage at 1901 Newport Boulevard is too small. Sid Soffer Brian Evans Post Office Box 15070, Newport Beach, representing previous Costa Mesa resident Sid Soffer, addressed Mr. Soffer's relocation, and reviewed elements of his legal situation. 29 Costa Mesa Job John Konwiser, 1780 Placentia Avenue, No. 19, Costa Mesa, Center introduced Eva Marin who manages the Daisy Apartments which he owns, located on the west side of Costa Mesa. He indicated that these apartments are across the street from the Costa Mesa Job Center, and reported his attempts to encourage the City to make the Job Center property look respectable. He described the proposed improvements which he asserted would cost less than $1,000.00, and showed photographs of the property as it now appears. Mr. Konwiser responded to a question from Council Member Mansoor by stating that the City leases the subject property. Council Member Mansoor voiced his interest in improving the property and asked Mr. Konwiser to contact him. John Feeney, 1154 Dorset Lane, Costa Mesa, provided copies to Council and the City Manager of a document which he did not identify. 19th Street Bridge Robert Graham, 3260 Dakota Avenue, Costa Mesa, addressed options for west side Costa Mesa if the extension of 19th Street is deleted from the County's Master Plan of Arterial Highways. He noted that if Bluff Drive is completed, it will be at the City's expense whereas 19th Street would be funded by federal and state monies, and asked the City's position on extending Bluff Drive. The Transportation Services Manager replied that the City does not currently have plans for an extension. Mr. Graham mentioned an article in the Daily Pilot which indicated that the managers of Triangle Square (Newport and Harbor Boulevards) supported a study to determine the effects of extending 19th Street. Mayor Monahan commented that the City is on record as working with the Orange County Transportation Authority to remove the bridges at 19th Street and Gisler Avenue from the Master Plan. Sutton Comments Doug Sutton, 2739 Canary Drive, Costa Mesa, felt that the City has a responsibility to assist its failing school system, and encouraged discussion regarding whether the joint school district is meeting the residents needs. He believed that Council Members who are named in the lawsuit brought by City Attorney Jerry Scheer should not participate in any decisions regarding Mr. Scheer, citing a conflict of interest. Mr. Sutton asked the City to immediately block the unsafe left-hand turn lanes for ingress and egress into the Von's/Starbucks shopping center on Harbor Boulevard and Adams Avenue. Refakes Comments Beth Refakes, 320 Magnolia Street, Costa Mesa, acknowledged the new red light cameras at 17th Street/Newport Boulevard and 19th Street/Newport Boulevard, and asked if there were any statistics available on its effectiveness. Mayor Monahan replied that statistics would be available after the cameras had been installed for a time. She commented that abandoned shopping carts are still a problem, and expressed dismay at the shabby treatment received by long-term senior residents in regards to the mobile home park issue. Ms. Refakes noted the need for low- income senior housing, long-time residents should not be forced to relocate outside of the City, and the City should have been more proactive. She asked when Ketchum-Libolt Park, 2150 Maple Street, would be completed. The City Manager replied that the park has been completed, is now undergoing a 90 -day landscape period, and notices of the dedication will be sent to residents toward the end of 2003. The Public Services Director confirmed that notices will be sent mid- to late -November, 2003. 330 CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 8, Contract award for Fairview Road/McCormack Lane Traffic Signal, Project No. 03-18; Item No. 12, Completion of Parkway Concrete Repair and New Sidewalk, Project No. 02-17; and Item No. 15, Franchise Agreement with Clear Channel Outdoor, for the Bus Shelter Advertising Program. MOTION/Approved On motion by Council Member Cowan, seconded by Mayor Pro Except Item Nos. 8, Tem Steel, and carried 5-0, the remaining Consent Calendar items 12, and 15 were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Enterprise Rent -a - Car; Hemelando Manjarres; Newport Village Apartments; and Marshall Styli. Alcoholic Beverage Request for Alcoholic Beverage Control Licenses from: Licenses Sunrise Liquor, 2205 Fairview Road, for a person-to-person transfer of an existing Type 21 ABC license (off -sale general). Kap 'n Keg Liquor, 3135 Harbor Boulevard, for a person-to- person transfer of a Type 21 ABC license (off -sale general). 7 -Eleven, 675 Paularino Avenue, for a fiduciary transfer for an existing Type 20 ABC license (off -sale beer and wine). Public Utilities Southern California Gas Company filed Application No. 03-09-008 Commission with the California Public Utilities Commission to revise its rates for gas service effective January 1, 2005 Follow -Up Reports The following concerns received follow-up reports from staff: Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Mesa, asked staff to investigate a sinkhole at the intersection of Fairview Road and Wilson Street. Tim Cromwell, 2029 Swan Drive, Costa Mesa, was concerned about the City's "mis- and over -management" of City athletic fields, specifically fields at TeWinkle School which are used by Costa Mesa National Little League. Dan Goldmann, 2324 College Drive, Costa Mesa, asked for information regarding parks and parkland in the City. Don Elmore, 2209 Wallace Avenue, Costa Mesa, was concerned about pavement conditions on Congress Street between Raleigh Avenue and the westerly end, Wallace Avenue between Congress Street and Wilson Street, and the southbound lanes of Fairview Road between Fair Drive and Wilson Street. Beth Refakes, 320 Magnolia Street, Costa Mesa, asked for status on the red light camera system `at 19th Street and Newport Boulevard. WARRANTS The following warrants were approved: Warrant 1971/Payroll Warrant Resolution 1971, funding Payroll No. 319 for 319 $1,903,873.52, and City operating expenses for $685,427.65, including payroll deductions. 1 Warrant 1972 Warrant Resolution 1972, funding City operating expenses for $1,269,996.42. Warrant 1973/Payroll Warrant Resolution 1973, funding Payroll No. 320 for 320 and 319A $1,919,654.33, Payroll No. 319A for $312.21, and City operating expenses for $958,702.52, including payroll deductions. REJECTED CLAIMS The following claims were rejected: Sanchez Application for Leave to Present a Late Claim from Sergio Ramos Sanchez (alleged false arrest and perjury). Lopez Claim from Carla, Richard, and Brian Lopez (auto accident due to allegedly defective intersection). ADMINISTRATIVE Bids received for Rehabilitation of Alley No. 110 (between ACTIONS/Awarded Westminster Avenue and Santa Ana Avenue, north of Costa Mesa Rehabilitation of Alley Street), Project No. 03-18, are on file in the City Clerk's office. The No. 110, Project No. contract was awarded to Kalban, Inc., 9075 Glenoaks Boulevard, 03-18, to Kalban Sun Valley, for $90,267.50, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Authorized Staff to Staff was authorized to negotiate a contract with a qualified Negotiate Contract for heating, ventilation, and air conditioning (H.V.A.C.) contractor to City Hall 2nd Floor replace the City Hall 2nd floor H.V.A.C. unit, for a total amount not H.V.A.C. Unit to exceed $35,500.00, and the City Manager was authorized to sign on behalf of the City. Accepted Work for Re- Rehabilitation of Paularino Avenue from Bristol Street to Newport habilitation of Paular- Boulevard, Project No. 02-15, Federal Project No. STPL- ino Avenue, Project 5312(036), was completed to the satisfaction of the Public No. 02-15, by All Services Director on July 31, 2003, by All American Asphalt, Post American Asphalt Office Box 2229, Corona. The work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 6 months thereafter. Accepted Work for Rehabilitation of Whittier Avenue (from 17th Street to 19th Street), Rehabilitation of Project No. 03-03, was completed to the satisfaction of the Public Whittier Avenue, Services Director on August 4, 2003, by All American Asphalt, Post Project No. 03-03, by Office Box 2229, Corona. The work was accepted; the Deputy City All American Asphalt Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Accepted Work for CCN Expansion, Project No. 01-09, was completed to the CCTV Expansion, satisfaction of the Public Services Director on August 6, 2003, by Project No. 01-09, Pouk & Steinle, Inc., doing business as F. J. Johnson 3000 East by Pouk & Steinle Coronado Street, Anaheim. The work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. O32 Approved Agreement An agreement was approved with Lim and Nascimento (LAN) with LAN for Design of Engineering Corporation, 12L Mauchly, Irvine, in an amount not to 2003-04 CDBG Street exceed $102,190.00, for design services of fiscal year 2003-04 Improvement Projects Community Development Block Grant (CDBG) Street Improvement Projects, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Agreement with Parsons Brinker - hoof Quade Douglas for Services for Imp- rovements at Fairview Road/1-405; Approved Budget Adjustment No. 04-018 Approved Sole Source Purchase of Seven Fire Department Units from Medtronic Physio - Control An agreement was approved with Parsons Brinkerhoof Quade Douglas, Inc., 505 South Main Street, Suite 900, Orange, for an amount not to exceed $630,000.00, for environmental and design services for improvements at Fairview Road and the 1-405 interchange, and the Mayor and Clerk were authorized to sign on behalf of the City; and Budget Adjustment No. 04-018 was approved for $300,000.00 from the Home Ranch `other improvement" funds. Sole source purchase was approved Monitor/Defibrillator Units from Corporation, 11811 Willows Road NE, $131,012.00; $91,709'.00 to be funded Management Agency (FEMA), and Proposition 172 fund. of seven Fire Department Medtronic Physio -Control Redmond, Washington, for by the Federal Emergency $39,303.00 by the City's Approved Final Map Final Map and Subdivision Agreement were approved for Tract No. and Subdivision Agree- 16479, located at 2571 and 2575 Santa Ana Avenue, to subdivide ment for Tract No. 2 lots into 12 lots, consisting of 9 lots for single-family residential 16479, 2571 and 2575 use and 3 lots for access purposes and common open space, the Santa Ana Avenue City Engineer and Deputy City Clerk were authorized to sign the map on behalf of the City, and the Mayor and Deputy City Clerk were authorized to sign the agreement on behalf of the City Adopted Resolution Resolution 03-59 was adopted: A RESOLUTION OF THE CITY 03-59, Authorizing COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Designated Represen- AUTHORIZING THE PURCHASING OFFICER, OR HIS/HER tative to Acquire DESIGNATED REPRESENTATIVE, TO ACQUIRE FEDERAL Federal Surplus SURPLUS PROPERTY FROM THE CALIFORNIA STATE Property AGENCY FOR SURPLUS PROPERTY. Adopted Resolution Resolution 03-60 was adopted: A RESOLUTION OF THE CITY 03-60, for Renewal COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, of Cable Television AUTHORIZING THE RENEWAL OF A NON-EXCLUSIVE CABLE Franchise Agreement TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY with Time Warner AND TIME WARNER CABLE, INC., 959 South Coast Drive, Suite 300, Costa Mesa, to provide cable services to Tract 10018 (Sea Bluff). Approved Change Change Order No. 1 was approved to the contract with California Order No. 1 to Con- Hazardous Services, Inc., 1431 East St. Andrew Place, Santa Ana, tract with California for $32,105.00, for additional labor, material, and supplies required Hazardous Services to replace the sumps on three underground fuel storage tanks at for Sumps for Under- Fire Station No. 3, 1865 Park Avenue, Fire Station No. 6, 3350 ground Storage Tanks Sakioka Drive, and the Police Facility Heliport, 99 Fair Drive, and the City Manager was authorized to sign on behalf of the City. Fairview Road/ Item No. 8 on the Consent Calendar was presented: Award McCormack Lane contract for Fairview Road/McCormack Lane Traffic Signal, Project Traffic Signal, Project No. 03-19. Council Member Scheafer stated that he had received No. 03-19 a letter from a resident suggesting that Belfast Avenue would be a better location for the signal as it is a natural egress from the Hall of Fame and the Halecrest housing tracts. The Transportation Services Manager replied that the decision to place the signal at McCormack Lane was the result of two public meetings, each FJ 1 33 meeting attended by approximately 40 residents. He believed that it is a safety issue, citing a major power pole located at the northwest corner, and responded to questions from Council. Council Member Cowan remarked that as a result of the two meetings, traffic mitigation measures have been instituted throughout the Hall of Fame and Halecrest tracts, and commended staff for their efforts. Council Member Mansoor was concerned that this item had not gone through the budget process but was approved through net revenue, and the signal does not meet new signal standards. He asked that the exact funding source be clarified. The City Manager replied that the project will be funded by Capital Outlay project funds. Doug Sutton, 2739 Canary Drive, Costa Mesa, agreed with Council Member Mansoor's concerns, and opined that the City is creating a traffic problem by installing the signal close to a freeway. He did not believe that the issue was sufficiently addressed at the public level. Diane Hill, 1288 Londonderry Street, Costa Mesa, member of the Hale of Fame Neighborhood Watch, commented on the residents concern regarding traffic safety, and complimented the Transportation Services Manager, his staff, and Council Member Cowan for their efforts. She observed that the traffic signal is the best answer of all the options presented. Paul Hill, 1288 Londonderry Street, Costa Mesa, thought that the matter had been completely covered, the power pole had been addressed in each discussion, and he urged Council to approve the traffic signal. Beth Refakes, 320 Magnolia Street, Costa Mesa, supported installation of the traffic signal, citing lack of visibility at that corner because of the power pole. She regarded the matter as a safety issue, and blamed the Home Ranch Project for the increased traffic. Sam Clark, 3077 Coolidge Avenue, Costa Mesa, thought that the matter had been sufficiently reviewed, and supported approval. MOTION/Awarded A motion was made by Mayor Monahan, seconded by Council Contract to Moore Member Cowan, and carried 3-2, Council Member Mansoor and Electrical Council Member Scheafer voting no, to award the contract to Moore Electrical Contracting, Inc., 463 North Smith Avenue, Corona, for $115,053.00, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Mayor Monahan reiterated that installation of the traffic signal is a safety issue, and commended the neighborhood residents for being active. Council Member Scheafer preferred installing a signal at Belfast Avenue. Completion of Parkway -Item No. 12 on the Consent Calendar was presented: Completion Concrete Repair and of Parkway Concrete Repair and New Sidewalk, Project No. 02-17, New Sidewalk, Project by S. Parker Engineering, Inc., 10059 Whippoorwill Avenue, No. 02-17, by S. Fountain Valley. Council Member Mansoor commented that he Parker appreciated staffs efforts on this project, and noted the need for additional funding in future budgets for concrete repair. MOTION/Accepted On motion by Council Member Cowan, seconded by Council Work Member Mansoor, and carried 5-0, the work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Bus Shelter Advertis- Item No. 15 on the Consent Calendar was presented: Franchise ing Program, Clear Agreement with Clear Channel Outdoor for Bus Shelter Advertising Channel Outdoor Program. Council Member Mansoor commented that problem trash at City bus shelters should be addressed by this contract, and questioned if several specific bus stops were included. The Public Services Director responded that the bus stops mentioned are encompassed in the contract which should resolve the entire trash issue. MOTION/Approved On motion by Council Member Mansoor, seconded by Council Agreement Member Cowan, and carried 5-0, the Franchise Agreement was approved with Clear Channel Outdoor, 1550 West Washington Boulevard, Los Angeles, for the Bus Shelter Advertising Program, with the City to receive a Minimum Guaranteed Compensation of $411,720.00 over the five-year term of the agreement (November 1, 2003, through October 31, 2008), incorporating terms of Alternative Compensation Package No. 2 as identified in the RFP; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place PA -03-31, Cameo set for the public hearing to consider. Planning Application PA -03 - Homes 31 for Kim Berry, authorized agent for Cameo Homes, for a master plan amendment and a variance from perimeter open space requirement (20 feet required; 6 feet proposed) and a reduction in the number of on-site parking spaces (476 spaces provided, 466 spaces proposed), for the construction of garages along a side property line, located at 550 Paularino Avenue in a PDR -HD (Planned Development Residential -High Density) zone. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. No communications were received. The Development Services Director reviewed the Agenda Report dated September 25, 2003, and responded to questions from Council. Victor Mahoney, Cameo Homes, 1105 Quail Street, Newport Beach, reported that the site has 476 parking stalls, and 16 are in excess of that required under the 1975 Uniform Building Code which was in effect when the units were constructed. He indicated that the units are well maintained, and every unit, including garages, are inspected yearly. He stated that they are proposing a sound barrier along the off -ramp to buffer freeway noise, noting that the California Department of Transportation (CALTRANS) had declined to install one. Regarding the parking on Manistee Drive, Mr. Mahoney noted that only one complaint had been received from a resident on that street since the September 8, 2003, Planning Commission meeting. He reviewed the current parking requirements, and advised that the parking policies include a resident parking sticker, surveillance cameras to view the entrance and exit to the project, and no parking fees. He believed that on- site parking problems are non-existent, and responded to questions from Council. A Newport Beach resident who lives at 16th Street and Irvine Avenue reported that he had a similar situation, commenting that the problem with resident parking is having a gate to the apartments which allows persons to enter and exit the complex from the street. He suggested restricting the gate to "exit only". 1 1 1 Mr. Mahoney replied that there is a pedestrian gate as well as a gate for vehicle access to the subject property allowing both ingress and egress which is in compliance with the Fire Department requirements. Beth Refakes, 320 Magnolia Street, Costa Mesa, opposed reducing parking for this project because it will cause "overflow" parking on the street. She complained that the project has deficient parking according to the current codes, and believed that compact parking spaces could provide a solution. Ms. Refakes objected to the removal of trees, proposing that they be replaced should removal be necessary. Terry Shaw, 420 Bernard Street, Costa Mesa, concurred with the Planning Commission's decision regarding the perimeter reduction and the requested parking variance. He proposed that a hedge be planted in order to provide privacy for the property owners, and suggested that guest parking be improved to alleviate additional parking on the street. There being no other speakers, the Mayor closed the public hearing. Mayor Pro Tem Steel supported the variance request if residents use the garages for parking their vehicles but was concerned regarding the removal of trees. He suggested replacing the trees with comparable greenery. MOTION/Adopted A motion was made by Mayor Monahan, seconded by Mayor Pro Resolution 03-61 Tem Steel, and carried 4-1, Council Member Mansoor voting no, to adopt Resolution 03-61, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -03-31, approving the master plan amendment, the variance from perimeter open space requirements, and the variance from parking requirements. Mayor Monahan agreed that the City has problems with "overflow" parking but did not feel that a reduction in parking for this project would exacerbate the problem. He believed that the site has ample parking, the applicant's parking controls are sufficient, and endorsed construction of the garages as a positive improvement. Mayor Pro Tem Steel expressed concern regarding the parking on Manistee Drive, encouraging enforcement of violators. Council Member Mansoor opposed the motion because a reduction in parking will cause additional problems on Manistee Drive. At the request of Mayor Monahan, Mr. Mahoney addressed steps which are being taken to address the Manistee Drive parking situation, including walking the site every day looking for parking stickers, adding a sign with a number to call should a car with a sticker be parked on the street, and reiterating to residents in the lease agreement the parking policies. He added that parking passes are available for visitors. RECESS The Mayor declared a recess at 8:50 p.m., and reconvened the meeting at 9:00 p.m. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Citywide Traffic Impact set for the public hearing to consider an annual review of Citywide Fee Traffic Impact Fee Program: A resolution to continue the citywide traffic impact fee of $177.00 per Average Daily Trip (ADT); annual accounting of the Citywide traffic impact fee program; and 336 incentive program for new residential, commercial, and industrial developments in Costa Mesa by assessing traffic impact fees on an incremental basis. The Affidavit of Publication is on file in the City Clerk's office. The Transportation Services Manager summarized the Agenda Report dated September 23, 2003. There being no speakers, the Mayor closed the public hearing MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 03-62; Mayor Pro Tem Steel, and carried 5-0, to approve staff and the Ad Approved Recommen- Hoc Committee recommendation, and adopt Resolution 03-62, A dation RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONTINUING THE CITYWIDE TRAFFIC IMPACT FEE FOR NEW DEVELOPMENT IN THE CITY OF COSTA MESA AND THE RELATED ANNUAL REVIEW OF THE CITYWIDE TRAFFIC IMPACT FEE PROGRAM AND CAPITAL IMPROVEMENT PLAN FOR TRANSPORTATION IMPROVE- MENTS. NEW BUSINESS The Deputy City Clerk presented a request for Downtown and Downtown and East- Eastside Transportation Ad Hoc Committee appointments. The side Committee Transportation Services Manager reviewed the Agenda Report dated September 23, 2003. Mayor Pro Tem Steel suggested that those interested in the Committee submit an application to the City. MOTION/Appointed A motion was made by Mayor Pro Tem Steel, seconded by Council Members Member Mansoor, and carried 5-0, to appoint Jeanne Miller Tarazevits, Tim Graber, and Judith Connell to the committee. NEW BUSINESS The Acting City Attorney announced that a closed session has Request for Closed been scheduled to confer with legal counsel regarding matters that Session involve significant exposure to litigation — One (1) case. Mayor Monahan announced that closed session would trail to the conclusion of regular business. CITY ATTORNEY The Acting City Attorney advised that a closed session is not REPORT/Rutter necessary at this time for the City Council to confer with legal Development v. City counsel, Tom Wood, Acting City Attorney, regarding existing litigation in the case of Rutter Development Corporation v. the City of Costa Mesa, Orange County Superior Court Case No. 03CC09792, and no action was taken. COUNCIL Council Member Scheafer commented that he frequently uses the COMMENTS United States Post Office on Adams Avenue, exiting onto Elm Paul Mitchell Parking Street. He reported that Elm Street is becoming quite congested and parking impacted, advising that the Paul Mitchell Studio is responsible for a good deal of the excess traffic. He observed the persons associated with the Studio are prohibited from parking in many of the spaces in the shopping center in which it is located. Mayor Monahan requested that the Public Services Director respond to Council Member Scheafer's concerns, and advise of the situation. Lounge Chair Theater Council Member Cowan announced that the Lounge Chair Theater will occur Saturday, October 18, 2003, at Fairview Park, hosted by the Fairview Park Friends Committee, featuring the movie "Shrek" on a large screen on the west side of the park. She stated that there will be games for children, a short presentation on the park, and the movie will begin around 6:15 p.m., with proceeds from the event directed towards park signage as well as the future Anchor Mobile Home Interpretive Center. Council Member Cowan asked for information Park regarding Anchor Mobile Home Park. She requested that City Council discuss at the study session of November 10, 2003, how Consent Calendar items which are pulled from the Consent Calendar should be Items addressed in terms of advising the public that they will be allowed to comment. Election Mayor Pro Tem Steel encouraged residents to vote in Tuesday's gubernatorial election. Orange County - Mayor Monahan indicated that over the weekend he had attended Marketplace Anniver- the 35th anniversary of the Orange County Marketplace, and sary announced that there will be recognition of this event at an upcoming Council meeting. He announced that on Saturday, IEP Workshop October 18, 2003, the Citizens Advisory Committee for Special Education for the Newport -Mesa Unified School District is sponsoring a free Individual Education Program (IEP) Workshop, noting that there are 30 openings, and he advised those persons who are interested and have a child in special education to contact his office at City Hall, (714) 754-5285. ADJOURNMENT TO At 9:15 p.m., Mayor Monahan adjourned the City Council meeting CLOSED SESSION to a closed session in first floor Conference Room B pursuant to Section 54956.9(b)(1)(B) of the Government Code to confer with legal counsel regarding facts and circumstances that may result in a claim or litigation against the City. The facts and circumstances were announced: The City has received a letter from an attorney representing Tom Wood asking the City to agree to a tolling agreement regarding his potential claims against the City. MEETING At 10:00 p.m., the Mayor reconvened the meeting, and it was RECONVENED announced that no action was taken during closed session. ADJOURNMENT The Mayor declared the meeting adjourned at 10:01 m. ec_, Mayor of th City of Costa Mesa ATTEST: Dep City•CI rk of the City of Costa Mesa 1