HomeMy WebLinkAbout01/20/2004 - City CouncilROLL CALL
REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
January 20, 2004
The City Council of the City of Costa Mesa, California, met in
regular session January 20, 2004, 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 Mansoor, and
opening prayer by Mayor Monahan.
Council Members Present: Mayor Gary Monahan
Mayor Pro Tem Allan Mansoor
Council Member Libby Cowan
Council Member Mike Scheafer
Council Member Chris Steel
Council Members Absent: None
Officials Present: City Manager Allan Roeder
Acting City Attorney Tom Wood
Public Services Director William
Morris
Development Services Director
Don Lamm
-Finance Director Marc Puckett
-M,I.S. Manager Rick Kirkbride
Recreation Manager Jana
-_ Ransom
:Associate Planner Claire Flynn
_ = _ Associate Engineer Raja
Sethuraman
*-CDBG/HOME Coordinator Mike
Linares
Deputy City Clerk Julie Folcik
MINUTES On motion by Council Member Steel, seconded by Council
January 5, 2004 Member Scheafer, and carried 5-0, the minutes of the regular
meeting of January 5, 2004, were approved.
ORDINANCES AND A motion was made: by Council Member Cowan, seconded by
RESOLUTIONS Council Member Steel, and carried 5-0, to read all ordinances and
resolutions by title only.
PRESENTATION Mayor Monahan announced that Surat Singh of Angel's Auto Spa
Mayor's Award was selected as the January 2004 recipient of the Mayor's Award
for his generous support of Costa Mesa seniors and the Senior
Center. Mr. Singh.donated a Thanksgiving feast for 225 seniors,
and on New Year's ' Eve provided transportation to seniors in
attendance at the Senior Center's New Year's Eve celebration.
The Mayor also read comments from Mr. Robert Roesch, Assistant
Venue Security Manager, Atlanta Georgia, complimenting Mr.
Singh's for his service while volunteering at the 1996 Summer
Olympics and from former Police Chief Dave Snowden expressing
his appreciation of Mr: Singh's contributions to the community.
Mr. Singh expressed his appreciation to the City Manager, Mayor
and Council Members.
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PRESENTATION Mayor Monahan recognized Mr. and Mrs. Charles Buchanan who
Adopt -A -Bench contributed to the improvement of Jordan Park by donating two
Program park benches, through the City's Adopt -A -Bench program, in
addition to their donation of three, 24 -inch box, trees.
PRESENTATION The M.I.S. Manager presented the 2003 Digital Cities Award to the
Digital Cities Survey Mayor and City acknowledging the City's efforts in adopting and
Award utilizing digital technologies to improve communications, enhancing
the delivery of services, and in creating new ways for citizens to
participate in local government.
PUBLIC COMMENT Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa,
Home Ranch Project reiterated his disagreement of the formation of the school
Foundations foundations that were established, as part of the Home Ranch
Project, without the requirement of compliance with the Brown Act.
He also stated his has been unable to locate the information
regarding of when and where the meetings are being held.
Tony Merrill Janice Davidson, 1982 Arnold Avenue, Costa Mesa, updated the
Council on the health of Tony Merrill, a nine-year-old boy suffering
from brain cancer, and thanked the members of the community
who have contributed to his family and/or had sent cards.
Code Enforcement Tamar Goldmann, 2324 College Drive, Costa Mesa, requested that
Issues the City hire a Code Enforcement Officer to work in the evenings
when, she believes, most of the more grievous violations are
committed and specifically to address the "perpetual problems at
the Harbor Center." She also requested that a reevaluation of the
parking be conducted throughout the City and for all densities.
Refakes Comments Beth Refakes, 320 Magnolia Street, Costa Mesa, asked that staff
look into a sign that is being installed at Triangle Square; she
expressed concern as to its size and reported that there has been
gridlock created along Newport Boulevard due to its installation
process. She also advised that in the parkway across the street
from her residence the trees are becoming deformed due to an
over growth of the purple. hop seed bushes and felt that the bushes
need to be properly maintained by the property owner. Ms.
Refakes complained that the parking at Metro Pointe is
"dysfunctional", and asked that it be reevaluated. Mayor Pro Tem
Mansoor requested that staff look into the sign installation.
CONSENT On motion by Council Member Cowan, seconded by Council
CALENDAR Member Scheafer, and carried 5-0, all 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: Carey Thomas
Burnett; Mattison Leibe; Geri Lopker; Ralph (Raul) and Ana
Mojica; and Traci Tomack.
ABC License Request for Alcoholic Beverage Control License from P&D,
Incorporated, 2346 Newport Boulevard, Suite A, for a fiduciary
transfer of an existing Type 20 (off -sale beer and wine).
WARRANTS The following warrants were approved:
Approved Warrant Warrant Resolution 1987, funding Payroll 401 for
1987/Payroll 326A and $1,970,452.06, Payroll No. 326A for negative $4,684.06, and
Payroll 401 City operating expenses for $863,992.84, including payroll
deductions.
M
Approved Warrant
1988
CLAIMS/Dunne
Jones/Herrera
McRayin
Warrant Resolution 1988 funding City operating expenses for
$714,043.40.
The Application for Leave to Present a Late Claim from Kathleen
June Dunne (allegedly assaulted by Costa Mesa Police Officers)
was rejected.
The claims from JoTana Jones and Renado Herrera (alleged false
arrests) were rejected:
The claim from Thomas Edwin McRayin (alleged false
arrest/excessive force) was rejected.
ADMINISTRATIVE Resolution 04-6 was, adopted: A RESOLUTION OF THE CITY
ACTIONS/Adopted COUNCIL OF THE - CITY OF COSTA MESA, CALIFORNIA,
Resolution 04-6 ADOPTING THE CITY OF COSTA MESA EMERGENCY
Adopting the City of OPERATIONS PLAN AS REQUIRED BY THE CALIFORNIA
Costa Mesa E.O.P. EMERGENCY SERVICES ACT.
Approved Agreement The supplemental agreement with Alderman Engineering, 19936
with Alderman to Little Woods Road, Cottonwood, was approved in an amount not to
Upgrade TeWinkle exceed $62,500.00 for design services to upgrade the TeWinkle
Park Lakes Park Lakes, and the City Manager was authorized to sign on behalf
of the City.
Approved Agreement The agreement with Accutek Traffic Data, Inc., 21114 Trigger
with Accutek Traffic Lane, Diamond Bar, was approved in an amount not to exceed
for Annual Traffic $45,000.00, for the City's annual traffic volume survey, and the
Volume Survey Mayor and Deputy City Clerk were authorized to sign on behalf of
the City.
ANNOUNCEMENT There being no objections, the Mayor announced Old Business
No. 2 would be heard prior to the Public Hearings.
OLD BUSINESS The Deputy City Clerk presented from the meeting of September 2,
Fairview Park Property 2003, consideration �of possible sale of certain Fairview Park
Property. Communications were received from John L. King, 1991
Swan Drive; and Tim Cromwell, 2029 Swan Drive; requesting a
continuation of this item.
Council Member Steel commented he has been in favor of the
residents of Swan Drive purchasing the property from the City,
however would like an agreement in writing from the residents that
they will absorb the cost of the property, as well as any other costs
the City will incur longterm.
MOTION/Continued A motion was made by Mayor Pro Tem Mansoor, seconded by
to a Future Meeting Council Member Steel, and carried 5-0, to continue this item to a
future meeting, and asked that the Public Services Director meet
with each of the residents and provide information as to their
intended use of the property.
PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued
FY 2003-04 User Fees from the meeting of January 5, 2004, regarding the Fiscal Year
and Charges 2003-04 User Fees and Charges; and a Resolution establishing
and adopting schedules of rates, fees, and charges for Fiscal Year
2003-2004 for services provided by the City of Costa Mesa. The
Finance Director reviewed the Agenda Report dated January 7,
2004.
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The Public Services Director reported that staff had met with two
representatives from Southern California Edison, and the issues
regarding their fees were resolved.
There being no objection, the Mayor announced that New
Business number 1, regarding Recreation Cost Recovery
Guidelines, would be heard concurrently with the continued
hearing.
NEW BUSINESS The Deputy City Clerk presented the Revised Recreation Program
Revised Recreation Cost Recovery Guidelines. The Recreation Manager reviewed the
Program Agenda Report dated January 8, 2004, and responded to
questions from Council
Mayor Monahan expressed his appreciation of staff for their
thorough reports, as well as the Parks Commission for their input
on the recovery guidelines.
Judi Berry, 2064 Meadow View Lane, Costa Mesa, questioned the
decrease in funds given to the Senior Center, and the Mayor and
City Manager advised that it has been the City's goal to have the
Senior Center as self-supporting as possible through contributions
and fundraising, and that an updated report will be prepared and
presented to Council before the Fiscal Year of 2004-2005. Ms.
Berry also questioned the percentage collected for the self-
supporting programs for 2003, which was less than expected. The
Recreation Manager responded that the practice of the Recreation
Division has been to set their goals based upon maximum
enrollment in a given program. Ms. Berry was unclear as to why
there were no fees listed for the proposed skateboard park. The
Finance Director replied that there are no fees proposed for the
skateboard park at this time as; that they will be subject to
discussion and consideration by the consultant, and could be
added in the future.
Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa,
stated that more than half of the individuals utilizing the Job Center
are residents of Newport Beach, and expressed that the residents
of the City of Costa Mesa, should not be supporting the Job Center,
that it should either be self-supporting, partially supported by the
City of Newport Beach, or that it should be closed.
Mike Berry, 2064 Meadow View Lane, Costa Mesa, expressed his
confusion and disagreed that income generated by a department
became the property of that particular department and felt that all
funds should be funneled into the General Fund and available to
the entire City. The City Manger confirmed for the Mayor Pro Tem
Mansoor and explained that funds are placed into the City's
General Fund, and not into a specific department's budget.
Beth Refakes, 320 Magnolia Street, Costa Mesa, asked that the
services listed under "mostly supported" in the Agenda Report be
changed to "heavily supported" as it was more descriptive. Ms.
Refakes requested that the User Fees and Charges as well as the
Recreation Programs be evaluated on a yearly basis.
Sandy Johnson, 344 Cabrillo Street, Costa Mesa, requested
Council not decrease the amount provided to the Senior Center, or
the Community Garden. The Mayor explained that the discussion
was regarding the City's User Fees and Charges.
Sam Clark, 3077 Coolidge Avenue, Costa Mesa, expressed his
concern that the Cost Recovery Guidelines are based upon 100
percent participation in each of the programs, he felt this is
unrealistic and an unreasonable possibility.
Robert Graham, 3260 Dakota Avenue, Costa Mesa, reported that
an article from the Orange County Register stated the City of
Richmond, is about to go bankrupt due to the multi-million dollar
boost in pension payments caused by the new three percent at 55 -
retirement benefit, and expressed concern that Costa Mesa may
be facing the same problems. The City Manager confirmed that
the City Council had � approved a three percent at 50 -retirement
benefit for Police and: Fire departments, about 11 years ago, but
noted a distinction in that there was a sharing in the cost between
the employer and the:employee that was agreed upon; not a cost
that was to be a fully born by the employer.
MOTION/Adopted A motion was made; by Council Member Cowan, seconded by
Resolution 04-7 Adopt- Mayor Monahan, and carried 5-0 to adopt Resolution 04-7: A
ing Schedules of RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
Rates, Fees, and MESA, CALIFORNIA, ESTABLISHING AND ADOPTING
Charges SCHEDULES OF RATES, FEES, AND CHARGES, FOR FISCAL
YEAR 2003-2004 FOR SERVICES PROVIDED BY THE CITY OF
COSTA MESA.
Mayor Pro Tem Mansoor expressed his concerns regarding the
Revised Recreation Program Cost Recovery requesting that some
of the programs provided by the Recreation Division that are not
being utilized. He felt that many programs could be more
effectively and efficiently run by the private sector. He gave
examples such as the mobile recreation program commenting that
it is expensive to the city, is under utilized and perhaps should be
reconsidered. He commented that he did not support the motion
as "it does not go far enough" in evaluating and in the assessment
of fees expressing his concern of funds falling short for the
supported programs.
Council Member Cowan explained that the Cost Recovery
Guidelines, are guidelines that are reflective of the "philosophy of
the community" and that some programs may not fully support
themselves while other programs may. She felt that a yearly
review of the programs along with the fees and changes would
help in the budget process.
MOTION/Approved A motion was made by Council Member Cowan, seconded by
Revised Recreation Mayor Monahan, and carried 4-1, Mayor Pro Tem Mansoor voting
Program Cost no, to approve the Revised Recreation Program Cost Recovery
Recovery Guidelines Guidelines.
There being no objection, the Mayor announced that Old Business
number 1, regarding a second reading of Ordinance 04-1, would
be taken out of order.
OLD BUSINESS The Deputy City Clerk presented from the meeting of January 5,
Second Reading of 2004, second reading and adoption of Ordinance 04-1: AN
Ordinance 04-1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA; AMENDING TITLE 13, ARTICLE 10, OF
THE COSTA MESA MUNICIPAL CODE REGARDING
FLOODPLAIN AND FLOODWAY DISTRICTS. The Development
Services Director reviewed the Agenda Report dated January 6,
2004.
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MOTION/Adopted On motion by Council Member Scheafer, seconded by Council
Ordinance 04-1 Member Steel, and carried 5-0, Ordinance 04-1 was given second
Floodplain and reading and adopted: AN ORDINANCE OF THE CITY COUNCIL
Floodway Districts OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING
TITLE 13, ARTICLE 10, OF THE COSTA MESA MUNICIPAL
CODE REGARDING FLOODPLAIN AND FLOODWAY
DISTRICTS.
RECESS The Mayor declared a recess at 7:40 p.m., and reconvened the
meeting at 7:55 p.m.
ADJOURNMENT TO At 8:00 p.m., Mayor Monahan adjourned the Council meeting to a
SPECIAL JOINT special joint meeting of the City Council and Redevelopment
MEETING OF THE Agency; the Redevelopment Agency meeting was convened.
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
PUBLIC HEARING The Deputy City Clerk announced that this is the time and place
1901 Newport Plaza set for the public hearing for reconsideration of the April 14, 2003,
Residences Project 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 residential condominium project in the Planned
Development Commercial (PDC) Zone. Environmental
Determination: Final EIR No. 1050.
Certification of Final EIR No. 1050.
Resolution of the Costa Mesa Redevelopment Agency
recommending to City Council adoption of General Plan
Amendment GP -02-04 [Redevelopment Agency action item].
General Plan Amendment GP -02-04 for a site-specific floor
area ratio (FAR) for the commercial component, for a site-
specific density for the residential component, and for the
proposed 5 -level parking structure.
Ordinance amending Title 13 for the 1901 Newport Plaza
Residences project.
Final Master Plan approval PA -02-11, including minor
modification for a two -foot encroachment of balconies/patio
areas into the street setback along Bernard Street and
application of the tenant open space parking reduction.
Amendment to the 1999-2004 Implementation Plan for the
Downtown Redevelopment Plan and adoption of the
Inclusionary Housing Plan [Redevelopment Agency action
item].
The Affidavits of Publication and Mailing are on file in the City
Clerk's Office. Communications in opposition to the project were
received from the following Costa Mesa residents: Donald and
Mildred Nicholson, 2063 Republic Avenue; Rachel Perez -Hamilton,
266 Brentwood Street; Darnell Wyrick, President of the Mesa
Verde Community, Inc., Post Office Box 4102; Diane Dorrien, 3128
Encore Court; Dorothy McKee, 3072 Country Club Drive; Ray
Weems, 497 Costa Mesa Street; and Cindy Brenneman, 1856
Elba Circle. Additional communications were received from:
Robin Leffler (3 letters), Costa Mesa Citizens for Responsible
Growth, 3025 Samoa Place, Costa Mesa, requesting an additional
alternative, and an' amendment to the EIR; Ray and Kelly
Sherbanee, The Turnip Rose, 1901 Newport Boulevard, Costa
Mesa, requesting a study of the actual traffic, noise, parking and
safety this project will present; Barry Schlesinger, Kennedy -Wilson
International, 9601 Wilshire Boulevard, Suite 220, Beverly Hills,
indicating their willingness to provide parking for the First United
Methodist Church during non -peak periods; and Dave Eadie,
Rutter Development Corporation, 18012 Cowan, Suite 200, Irvine,
offering further perspective of the negotiations and the alternatives
presented regarding the project.
The Development Services Director provided an overview of the
1901 Newport Boulevard Plaza Project, the Associate Planner
reviewed the Agenda Report dated January 12, 2004, and
responded to questions from Council, along with the Associate
Engineer, who summarized the traffic analysis, the Public Services
Director, the City Manager, Kathe Head, Keyser, Marston, and
Redevelopment Agency Special Counsel Celeste Brady.
Agency Chairman/Council Member Steel complimented staff for
the work they have contributed to this project, as well as Costa
Mesa Citizens for Responsible Growth for their efforts. He asked
about a request for an amendment to the EIR.
Robin Leffler, 3025 Samoa Place, Costa Mesa, offered a reply as a
point of clarification, and referred to a letter she submitted
referencing the EIR and asked for an amendment to change the
threshold of significance to reflect the affect of the shade and
shadow on the residents on Bernard Street.
Agency Vice-Chairman/Mayor Pro Tem Mansoor expressed his
appreciation of the comments he has heard regarding the project.
He commented that i he was amazed that the City Council was
considering such a project with the City's current parking and traffic
problems, and pointed out that the options provided were twice the
density under the General Plan. He did not agree" that the City
should subsidize the -Inclusionary Housing Plan, as it was not part
of the original proposal, and commented that if any of the
alternatives were approved, the developer would have successfully
negotiated a better deal than was originally presented.
In response to a question from Agency Member/Mayor Monahan
regarding resident permit parking only, the Public Services Director
advised that the procedure would require a minimum of 60 percent
of the homeowners in the affected area to submit a signed petition
to the City, that the area would be studied, and recommendations
would be brought to the City Council.
Robin Leffler, Costa Mesa Citizens for Responsible Growth, 3025
Samoa Place, Costa Mesa, thanked the City Manager for the
challenging effort in bringing Rutter Development Corporation and
Costa Mesa Citizens for Responsible Growth together to discuss
their differences, as well as her appreciation of City staff and their
consultants. She provided an overview of the letter she presented
regarding problems with the EIR, and commented that there has
not been a public hearing to consider the EIR with its revisions and
additions. Ms. Leffler expressed she had a serious concern about
the number of U-turns that will be added to 19th Street. She also
stated that Costa Mesa Citizens for Responsible Growth has put
forth great effort, and in good faith, -to see if they could find
common ground in regards to this project, and have shown a
willingness to compromise in order to reach an agreement. Ms:
Leffler provided an overview of these compromises, and asked
Council for further improvement on the project prior to approval.
Douglas Carstens, Chatham, Brown and Associates, 3250 Ocean
Park Boulevard, Suite 300, Santa Monica, representing Costa
Mesa Citizens for Responsible Growth, asked that Rutter
Development Corporation provide financial analysis to justify any
subsidy. He stated there are still legal inadequacies of the EIR,
providing the example that there was not a "reasonable range of
alternatives provided." He requested denial of the project in its
entirety. Mr. Carstens responded to questions from Council.
Responding to a question from Agency Member/Mayor Monahan,
the Acting City Attorney confirmed that there is a condition
attached to the resolution, approving the Master Plan for this
project, that the approval of the Master Plan becomes null and void
unless the lawsuit, against the City and the Costa Mesa Citizens
for Responsible Growth, that was filed by Rutter Development
Corporation is dismissed within 105 days after the approval of the
rezoning Ordinance.
Responding to a question from Agency Member/Mayor Monahan,
Ms. Leffler stated that if 37 parking spaces were approved there
would not be a CEQA challenge from Costa Mesa Citizens for
Responsible Growth.
Dave Eadie, Rutter Development Corporation, 18012 Cowan, Suite
200, Irvine, acknowledged the work of the City Manager, and City
staff that have put forth a huge effort for a consensus to be met by
all parties involved. He believed that Alternative C was viable and
combined the components, of the entire picture that was to be
achieved, and yet economically enabled a reduced unit alternative.
Mr. Eadie believed this project to be a vital component that was to
be added to the downtown area of Costa Mesa and that it would
generate $600,000.00 a year that could otherwise be spent, in the
project area, for improvements for such things as parks, libraries,
or more affordable housing.
In response to a question from Agency Member/Mayor Monahan,
Celeste Brady explained that the seven affordable units for
moderate -income households would have deed restrictions
including deeds of trust for 45 years. She explained that the
objective in the revised Condition of Approval No. 16 was to ensure
that the seven units are actually constructed. She indicated that
staff suggested that the providing of the units be tied to phase four
(which is the last phase), and that these units must be dispersed
throughout the project. Ms. Brady stated that Certificates of
Occupancy for phase four could not be issued until these seven
units are accomplished.
RECESS The Mayor declared a recess at 9:55 p.m., and reconvened the
meeting at 10:15 p.m.
Motion to Deny
Original Project Failed
to Carry
Katharine Bequette, 2349 College Drive, Costa Mesa, discussed
transportation and circulation impact, as reported in the Agenda
Report, stating that there is presently too much congestion at the
intersection of 19th Street and Newport Boulevard even without the
proposed project, and asked Council to give adequate
consideration to the traffic congestion.
Sydney Gielow, read; a letter submitted to Council from Darnell
Wyrick, President of Mesa Verde Community, Inc.
Martin Millard, 2973: Harbor Boulevard, No. 264, Costa Mesa,
commented that he looks. at downtown Costa Mesa as a more
urban location with a shopping center, restaurants, and
entertainment, but that it was lacking "life"; he felt that this project
would bring people to ;the area to provide that "life".
Bill Turpit, 1772 Kenwood Place, Costa Mesa, commented that he
is in support of this project as it will "revitalize" the downtown area,
as well as provide more affordable housing, which promotes home
ownership.
The following Costa 'Mesa residents spoke in opposition of the
project due to the amendment to the General Plan, high density,
parking, and traffic problems: Mike and Judi Berry, 2064 Meadow
View Lane; June McKinzie, 165 East 19th Street; Barbara Beck,
443 Flower Street; Louise Rusher, 2781 Waxwing Circle; Wendy
Leece, 1804 Capetown Circle; Terry Shaw, 420 Bernard Street;
Lori McDonald, 284 Walnut Street; Willard Chillcott, 167 Rochester
Street, No. B; Wendell Maberry, 414 Bernard Street; Tamar
Goldmann, 2324 College Drive; Carolyn Harvey, 674 Center
Street, No. B; Sandy ;Johnson, 3444 Cabrillo Street; Sandra Genis,
1586 Myrtlewood Street; Sharon Sutton, 891 Joann Street; Gordon
Pate, 2973 'Ceylon Drive; Beth Refakes, 320 Magnolia Street;
Heather Somers, 313. Robinhood Lane; Dr. Paul Flanagan, 3090
Bali Circle; Pamela Frankel, 2166 Myran Drive; Dave Ruffel, no
street address given; and Maureen DiDomenico, 941 Coronado
Drive.
There being no further speakers, the Mayor closed the public
hearing.
A motion was made; by Agency Vice-Chairman/Mayor Pro Tem
Mansoor, seconded by Agency Chair/Council Member Steel, to
approve Alternative :3, to deny the original project and all
development scenarios, the project could not be constructed and
the developer may submit a revised project six months following
the denial.
Agency Member/Mayor Monahan confirmed with the Acting City
Attorney that if the project is denied, the lawsuit could go forward
and that there is the possibility that the outcome could be the
original project, if Rutter Development prevails.
The motion failed to carry 3-2, Agency Member/Mayor Monahan,
and Agency Members/Council Members Cowan and Scheafer
voting no.
Motion for Alternative A motion was made by Agency Member/Council Member Cowan to
"C+" died for lack of approve Alternative "C+", which included the requirement for the
a second full compliment of parking, and that the Redevelopment Agency
assistance would be capped at $1.36 million. The motion died for
lack of a second.
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Agency Member/Mayor Monahan felt that the proposed parking
was sufficient, and that the additional 37 or 40 units on the lower
deck would be financially unfeasible. He commented that he did
not believe that the developer would agree to the additional
spaces, therefore the lawsuit could go forward and if the developer
was successful, the City could be facing the original project. He
further commented that he did not believe that the parking would
be utilized and therefore there would be "this very expensive
parking vacant down on the bottom."
MOTION/Adopted A motion was made by Agency Member/Mayor Monahan,
Resolution 04-8 seconded by Agency Member/Council Member Scheafer, and
Cerifying EIR No. 1050 carried 3-2, Agency Chairman/Council Member Steel and Agency
Vice-Chairman/Mayor Pro Tem Mansoor voting no, to adopt
Resolution 04-8 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, CERTIFYING FINAL
ENVIRONMENTAL IMPACT REPORT NO. 1050 FOR THE 1901
NEWPORT BOULEVARD PLAZA RESIDENCES PROJECT
LOCATED AT 1901 NEWPORT BOULEVARD IN THE PLANNED
DEVELOPMENT COMMERCIAL (PDC) ZONE, revised to include
5.5.13 "20 Dwelling Unit/Acre Alternative" (text as found in staff
memo dated January 20, 2004).
Agency Member/Council Member Cowan expressed that her belief
is that this project is designed to bring "life and revitalization" to an
area that "the community has struggled with for many years." She
commented that the economic environment and the land values
have shifted dramatically since the General Plan was approved
over ten years ago, and new housing is needed in the City.
Agency Member/Council Member Cowan stated that she does
have concerns, with this project, in terms of the parking.
Agency Vice-Chairman/Mayor Pro Tem Mansoor commented that
a less dense project could also provide "revitalization", and
reiterated his concerns regarding traffic and parking.
Agency Chairman/Council Member Steel ., expressed his
appreciation of staff, Rutter Development Corporation, and Costa
Mesa Citizens for Responsible Growth for bringing a better project
to this hearing.
Agency Member/Council Member Scheafer expressed his
appreciation of the opportunity he had to meet with Dave Eadie,
Rutter Development Corporation, as well as Costa Mesa Citizens
for Responsible Growth. He advised that despite the outcome
relative to the property at 1901 Newport Boulevard, there is going
to be traffic problems.
MOTION/Adopted On motion by Agency Member/Mayor Monahan, seconded by
Redevelopment Agency Member/Council Member Scheafer, and carried 3-2,
Agency Resolution Agency Chairman/Council Member Steel and Agency Vice -
RDA -01-2004 to Adopt Chairman/Mayor Pro Tem Mansoor voting no, Redevelopment
GP -02-04 Agency Resolution RDA -01-2004 was adopted: A RESOLUTION
OF THE COSTA MESA REDEVELOPMENT AGENCY
RECOMMENDING TO CITY COUNCIL ADOPTION OF GENERAL
PLAN AMENDMENT GP -02-04 TO CREATE A SITE-SPECIFIC
FLOOR AREA RATIO, RESIDENTIAL DENSITY, AND PARKING
STRUCTURE BUILDING HEIGHT FOR THE 1901 NEWPORT
PLAZA RESIDENCES PROJECT.
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MOTION/Adopted A motion was made by Agency Member/Mayor Monahan,
Resolution 04-9 seconded by Agency Member/Council Member Scheafer, and
Approving GP -02-04 carried 3-2, Agency Chairman/Council Member Steel and Agency
Vice-Chairman/Mayor, Pro Tem Mansoor voting no, to adopt
Resolution 04-9: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, APPROVING
GENERAL PLAN AMENDMENT GP -02-04, ESTABLISHING A
SITE-SPECIFIC FLOOR AREA RATIO, SITE-SPECIFIC
RESIDENTIAL DENSITY, AND SITE-SPECIFIC PARKING
STRUCTURE HEIGHT LIMITATION FOR THE 1901 NEWPORT
PLAZA RESIDENCES PROJECT LOCATED AT 1901 NEWPORT
BOULEVARD IN THE COMMERCIAL CENTER LAND USE
DESIGNATION.
MOTION/Gave First On motion by Agency Member/Mayor Monahan, seconded by
Reading to Ordinance Agency Member/Council Member Scheafer, and carried 3-2,
04-2 Amending Title Agency Chairman/Council Member Steel and Agency Vice -
13 for 1901 Newport Chairman/Mayor Pro Tem Mansoor voting no, Ordinance 04-2 was
Plaza Residences given first reading: AN ORDINANCE OF THE CITY COUNCIL OF
Project THE CITY OF COSTA MESA,, CALIFORNIA, AMENDING TITLE
13 OF THE COSTA 'MESA MUNICIPAL CODE REGARDING A
SITE-SPECIFIC FLOOR AREA RATIO AND SITE-SPECIFIC
RESIDENTIAL DENSITY FOR THE 1901 NEWPORT PLAZA
RESIDENCES PROJECT LOCATED AT 1901 NEWPORT
BOULEVARD IN THE PLANNED DEVELOPMENT COMMERCIAL
(PDC) ZONE, second; reading and adoption are scheduled for the
meeting of February 2, 2004.
Motion Approving Final Agency Member/Mayor Monahan made a motion, seconded by
Master Plan PA -02-11 Council Member Scheafer, to adopt Resolution 04-10 approving
Withdrawn
Final Master Plan PA -02-11, including a minor modification for a
two -foot encroachment of balconies/patio areas into the street
setback along Bernard Street and application of the tenant open
space parking reduction; Alternative C with 145 units, 375 parking
spaces, Redevelopment Agency financial assistance of $1.36
million; with revised Condition of Approval No. 16 as written in the
memo dated January 14, 2004. Agency Member/Council Member
Cowan commented she would not support the motion without the
415 parking spaces. Agency Member/Mayor Monahan withdrew
the motion.
MOTION/Adopted
On motion by Agency Member/Mayor Monahan, seconded. by
Resolution 04-10
Agency Member/Council Member Cowan, and carried 3-2, Agency
Approving Final Master
Chairman/Council Member Steel and Agency Vice -
Plan PA -02-11
Chairman/Mayor Pro Tem Mansoor voting no, Resolution 04-10
was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, APPROVING FINAL
MASTER PLAN PA -02-11, INCLUDING A MINOR MODIFICATION
FOR A 2 -FOOT ENCROACHMENT OF BALCONIES/PATIO
AREAS INTO THE I STREET SETBACK ALONG BERNARD
STREET AND APPLICATION OF THE TENANT OPEN SPACE
PARKING REDUCTION, FOR THE 1901 NEWPORT PLAZA
RESIDENCES PROJECT LOCATED AT 1901 NEWPORT
BOULEVARD IN A PLANNED DEVELOPMENT COMMERCIAL
(PDC) ZONE; Alternative C with 145 units, 415 required parking
spaces, Redevelopment Agency financial assistance of $1.517
million, and revised Condition of Approval No. 16 from the
memorandum dated January 14, 2004.
MOTION/Continued
A motion was made by Agency Member/Mayor Monahan,
Adoption of the
seconded by Agency Member/Council Member Scheafer, and
Inclusionary Housing
carried 3-2, Agency Chairman/Council Member Steel and Agency
Vice-Chairman/Mayor Pro Tem Mansoor voting no, to continue the
Amendment to the 1999-2004 Implementation Plan for the
Downtown Redevelopment Plan and adoption of the Inclusionary
Housing Plan to the Redevelopment Agency meeting of March 8,
2004.
CITY COUNCIL At 12:00 a.m., Agency Member/Mayor Monahan adjourned the
MEETING special joint meeting of the City Council and Redevelopment
RECONVENED Agency to the regular meeting of the City Council, and reconvened
the Council meeting.
NEW 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
Regarding the CDBG regular meeting of January 5, 2004, regarding the Community
Public Service Grant Development Block Grant public service grant Policies and
Policies Procedures and application. Council Member Cowan reviewed her
request for rehearing dated January 12, 2004, and she, the
CDBG/HOME Coordinator, and the City Manager responded to
questions from Council.
Bill Turpit, 1772 Kenwood Place, Costa Mesa, commented that he
has been a member of the 3R Committee for nine years, and was
mislead by the January 5, 2004, City Council Agenda
recommendation, "direct staff to modify". He also stated that the
staff report was not available on the website, causing him to
assume that no staff report was available and therefore it was not
a topic to be discussed.
Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa,
expressed that he is also a member of the 3R Committee, and he
did not believe that having the staff report available on the website
is necessary, and advised that he understood that the
recommendation from the 3R Committee to City Council was to
reduce these funds.
Council Member Steel expressed his belief that no matter what the
recommendation was in the staff report, Council had the authority
to reduce the funds as they did at the previous meeting.
Motion for Rehearing A motion was made by Council Member Cowan, seconded by
Failed to Carry Council Member Scheafer, to rehear the Community Development
Block Grant public service grant Policies and Procedures and
application, and ask the 3R Committee to make a formal
recommendation to Council. The motion failed to carry 3-2, Mayor
Monahan, Mayor Pro Tem Mansoor, and Council Member Steel,
voting no.
ADJOURNMENT Mayor Monahan declared the meeting adjourned at 12:13 a.m.
Ma of th City of Costa Mesa
ATTEST:
U.
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Depu -ity Clerk -of the City of Costa Mesa