Loading...
HomeMy WebLinkAbout04/05/2004 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 5, 2004 The City Council of the City of Costa Mesa, California, met in regular session April 5, 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 Monahan, and a moment of solemn expression lead by the Reverend Tim McCalmont, Presbyterian Church of the Covenant. ROLL CALL Council Members Present: Mayor Gary Monahan Mayor Pro Tem Allan Mansoor Council Member Libby Cowan Council Member Chris Steel 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 Recreation Manager Jana Ransom Legislative and Public Affairs Manager Ann Shultz Senior Planner Kim Brandt Deputy City Clerk Julie Folcik MINUTES On motion by Council Member Steel, seconded by Council March 1 and 15, 2004 Member Scheafer, and carried 5-0, the minutes of the regular meetings of March 1 and 15, 2004, were approved as distributed. ORDINANCES AND A motion was made by Mayor Pro Tem Mansoor, seconded by RESOLUTIONS Council Member Steel, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Monahan congratulated Claire Flynn on being named Employee of the Month Employee of the Month for April, 2004, in recognition of her work as Project Manager of the 1901 Newport Plaza project. Ms. Flynn was commended for her clear communication with the community, thorough attention to detail, and essential documentation and presentation to City Council, Planning Commission, the public, and staff. PUBLIC COMMENT Diane Hill, Costa Mesa, announced that members of the Christian Christian Science Science Church which she attends are praying together on one Prayer Effort topic of concern each- month for the next few months in order to support the community and:: the government. She reported that April's topic is "The- Spiritual_'Pe'rspective on Money and Supply", and she invited. others to join in this effort. For further information, Ms. Hill suggested tailing `'(714) 546-3548, Tuesday through Saturday, 1.1:00 a.m.-to ,3-:00 p.m- Millard .mMillard Comments Martin Millard, Costa Mesa`,: referring to comments he made during the Public Commen --portion '•of the March 15, 2004, Council i meeting regarding used cars sold at the Orange Coast College Swap Meet, advised that he had received a very sarcastic letter in response to his comments from the person "in charge" of the swap meet. He urged Council to ascertain if the City receives the full amount of monies due from swap meet operations. Mr. Millard complained about produce trucks which operate in Mesa North after the 5:00 p.m. curfew, and reported of players who participated in a soccer game in Paularino Park without first obtaining a permit from the City for use the park. Council Member Steel asked Mr. Millard to supply Council with a copy of the letter he received from Orange Coast College, as well as any response. Police Chief John Hensley, in response to Mr. Millard's complaint of the produce trucks, suggested he contact his office, (714) 754- 5117, and offered to introduce him to the police officer that is responsible for the Mesa North neighborhood. Mobile Home Park Don Hunter, Costa Mesa, mobile home owners consumer Closure advocate, took exception to several comments made at previous City Council and Planning Commission meetings pertaining to mobile home closure. He commented that neither Snug Harbor, EI Nido, nor Anchor Mobile Home Parks have been properly maintained by the owners and have been substandard for many years. If not for the residents, he would have encouraged closure. Costa Mesa Gangs John Feeney, Costa Mesa, addressing gang activity in the City, suggested placing articles on the graffiti reward and gang eviction ordinance in the City's newsletter and the quarterly recreation review. He proposed a follow-up system with the Orange County Court system to track the disposition of cases involving gang members. Citing a previous use of the follow-up system for robbery arrests, he reported that after six months only 25 percent of the cases were not prosecuted (as opposed to 75 percent previously), most of the cases went to trial, and the number of convictions increased. Newport Beach/Costa Mike Berry, Costa Mesa, mentioned an article in the Daily Pilot Mesa/School District reporting that the cities of Newport Beach and Huntington Beach Joint Use Agreement are joining together to share in joint community interests, and asked if the City of Costa Mesa received an invitation to participate. He alluded to a 1987 City of Newport Beach agreement with the Newport -Mesa Unified School District which denies Costa Mesa the ability to schedule usage of school property located in Newport Beach while at the same time allows Newport Beach to schedule usage of property in Costa Mesa. He asked that the City research this document. Mayor Monahan replied that he would review the agreement. Mr. Berry commented on the common complaint of the lack of sufficient athletic fields in the City, stating that Costa Mesa should have the right to use any facility within the entire Newport -Mesa Unified School District. 1901 Newport Plaza Heather Somers, Costa Mesa, asked Council to oppose the Residences Project proposed 1901 Newport Plaza Residences Project (Master Plan PA -02-11) at the Joint Redevelopment Agency/City Council meeting of April 12, 2004, and read her letter of February 24, 2004, regarding issues pertinent to the project. She alleged that this project is the wrong plan on the�wrong site with the wrong intensity of use, and asked that Council reconsider the project and deny the housing element and dedication of the $1.5 million. Fairview Park Judi Berry, Costa Mesa, asked if the City had sent letters to the Encroachments homeowners on Swan Drive regarding Council's March 15, 2004, decision regarding Fairview Park encroachments. The Public Services Director replied that a draft letter, as well as an indemnification agreement, are currently being developed, and individual meetings will be held with the Swan Drive homeowners. He reported that the meetings will occur within the next several months, and the official letter will be forwarded thereafter. Park Avenue Rehabi- Beth Refakes, Costa Mesa, referring to the rehabilitation of Park litation Avenue, expressed concern regarding the double buses which use this street as a turnaround area and parking lot, noting that they will eventually cause deterioration. She asked why these large, often empty buses, .are using Costa Mesa streets. The City Manager replied advising of a change of bus routes and route terminations occurring on Park Avenue, and that asphalt sections of the street have been replaced with concrete slabs to withstand Armstrong Nursery the type of usage. Ms. Refakes reported that the parking is Parking inadequate for the newly reopened Armstrong Nursery on Newport Boulevard, and noted the backup of traffic on Fairview Road on the Fairview Road Traffic weekend due to activities at the Orange Coast College and the Orange County Fairgrounds. She asked for statistics regarding the red light cameras. The Public Services Director responded to a question from Mayor Pro Tem Mansoor regarding Park Avenue bus traffic by stating that the Orange County Transportation Authority (OCTA) periodically reviews bus routes, and based on ridership and surveys, they propose changes, of which the cities involved are notified, and public hearings, to receive input, are held. Hogan Shereshevsky Anne Hogan Shereshevsky, Costa Mesa, agreed with Ms. Somers' Comments previous comments concerning the 1901 Newport Plaza Residences Project. She believes that Park Avenue is a beautiful street accepting the buses, and related the story of a traffic ticket she received on the 73 Toll Road. Ms. Hogan Shereshevsky announced that the Orange County Senior Expo will be held on Friday and Saturday, April 17 and 18, 2004, from 9:30 a.m. to 4:30 p.m., at the Orange County Fairgrounds, Building No. 10. Newport Boulevard Igal Israel, Costa Mesa, addressed traffic issues for the 1901 Traffic Issues Newport Boulevard project, commenting that the streets are "worn out as it is", and suggested that monies for the project be reallocated to beautifying the City. Mayor Monahan replied that extensive traffic studies had been performed, and traffic fees for improvements were included in the. project. Mr. Israel objected to residents expecting the City to take charge "of everything", and suggested that residents become more proactive. Genis Comments Sandra Genis, Costa Mesa, reported that she possesses information on amplified sounds, storage of inventory, inspections and employee parking on residential streets, and test driving which she would like included in the proposed. automobile dealer ordinance scheduled , to be discussed at the Council meeting of April 19, 2004. Referring to the Orange Coast College (OCC) site where they are contemplating placing high-density housing, she observed that the City should have "first dibs" on the property, and proposed a ball field for the site. Ms. Genis showed a map indicating that Costa Mesa has substandard air quality near the 55/405 Freeway interchange, which she attributed to the backup of trucks entering the freeway, deliveries, and idling in the commercial areas. 1 1 CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 7, Amendment No. 8 to Cooperative Agreement No. C- 95-968 with the Orange County Transportation Authority for "Combined Transportation Funding Programs Allocations"; and Item No. 8, Contract award for Rehabilitation of Fair Drive and Southbound Fairview Road, Project No. 04-05. MOTION/Approved On motion by Council Member Cowan, seconded by Mayor Pro Except Item No. 7 Tem Mansoor, and carried 5-0, the remaining Consent Calendar and No. 8 items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Brandt Development Ltd.; Carole Irene Brazda; Clint Carroll; Frank DelaVara; Fred Gilbert; John Glassell; Fred Katakura; Mary Ann Mascaro; Luis Ortiz; and Reid Washbon. Alcoholic Beverage Request for Alcoholic Beverage Control Licenses from 7 -Eleven Control Licenses Stores, 1673 Irvine Avenue, and 204 East 17th Street, for fiduciary transfers for a Type 20 ABC License (off -sale beer and wine). Public Utilities Southern California Edison Company correspondence to the Public Commission Utilities Commission regarding public notification of a proposed increase in electrical rates. Follow -Up Reports Staff responded to comments at the City Council meeting of March 1, 2004, from Martin Millard regarding commercial vehicles (i.e., tow trucks, and gardening trucks filled with debris) who park in Mesa North on the streets near Paularino School for extended periods of time causing traffic problems. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1997, funding Payroll No. 406 for 1997/Payrolls 406 and $1,937,837.54, Payroll No. 405A for $162.49, and City 405A operating expenses for $351,816.16, including payroll deductions. Approved Warrant Warrant Resolution 1998, funding City operating expenses for 1998 $1,886,252.36. Approved Warrant Warrant Resolution 1999, funding Payroll No. 407 for 1999/Payrolls 407 and $1,979,865.49, Payroll No. 406A for negative $384.80, and City 406A operating expenses for $1,606,150.65, including payroll deductions. ADMINISTRATIVE Resolution 04-25 was adopted: A RESOLUTION OF THE CITY ACTIONS/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 04-25, DECLARING ITS INTENTION TO ORDER THE VACATION OF Setting Hearing on EXCESS RIGHT-OF-WAY ON SEA BLUFF DRIVE, setting a May 3, 2004, for public hearing on May 3, 2004, at 6:30 p.m., in the Council Sea Bluff Vacation Chambers of City Hall. Adopted Resolution Resolution 04-26 was adopted: A RESOLUTION OF THE CITY 04-26, Authorizing COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Records Destruction AUTHORIZING RECORDS DESTRUCTION FOR THE for Transportation TRANSPORTATION DIVISION OF THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60. MI Awarded Storm Drain Bids received for Storm Drain Repair at Jamaica Road, Project No. Repair at Jamaica 04-02, are on file in the City Clerk's office. The contract was Road, Project No. awarded to Sancon Technologies, Inc., 5881 Engineer Drive, 04-02, to Sancon Huntington Beach, for' $22,010.00, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Awarded Newport Bids received for Newport Boulevard Bike Trail Landscaping and Boulevard Bike Trail Irrigation, Adjacent to the Orange County Fairgrounds, Project No. Landscaping and Irri- 04-03, are on file in the City Clerk's office. The contract was gation Project No. 04- awarded to America West Landscape, Inc., 12328 Woodruff 03, to America West Avenue, Downey, for $167,420.00 (alternate bid), and the Mayor Landscape and Deputy City Clerk were authorized to sign on behalf of the City. Accepted Work at Street improvements at 1645 Adams Avenue were completed to 1645 Adams Avenue the satisfaction of the Public Services Director by Standard Pacific by Standard Pacific, Corporation, 15326 Alton Parkway, Irvine, in connection with EP PS00-00053 and Encroachment Permit Numbers PS00-00653 and PS01-00094 PS01-00094 (Tract (Tract 15882). The work was accepted, and the bonds were 15882) ordered exonerated. Accepted Work at Street improvements at 1645 Adams Avenue were completed to 1645 Adams Avenue the satisfaction of the; Public Services Director by Standard Pacific by Standard Pacific, Corporation, 15326 Alton Parkway, Irvine, in connection with EP PS01-00007, Encroachment Permit Numbers PS01-00007, PS01-00093, and PS01- 00093, PS01- PS01-00103 (Tract 1;5882). The work was accepted, and the 00103 (Tract 15882) bonds were ordered exonerated. Accepted Work at Street improvements at 2087 Garden Lane were completed to the 2087 Garden Lane satisfaction of the Public Services Director by Joe Cefalia, 1649 by Joe Cefalia, EP Bayside Drive, Corona del Mar, in connection with Encroachment PS01-00359 (Tract Permit No. PS01-00359 (Tract 15991). The work was accepted, 15991) and the bonds were ordered exonerated. Accepted Work at Street improvements at 2051 Newport Boulevard were completed 2051 Newport Boule- to the satisfaction of the Public Services Director by Public vard by Public Storage, Storage, Inc., 701 Western Avenue, Glendale, in connection with EP PS02-00102 (PA- Encroachment Permit' No PS02-00102 (PA -01-01). The work was 01-01) accepted, and the bonds were ordered exonerated. i Accepted Work at Street improvements at 2801 Bristol Street were completed to the 2801 Bristol Street satisfaction of the Public Services Director by Bristol Metro, LLC, by Bristol Metro, 500 Newport Center Drive, Suite 930, Newport Beach, in EP PS02-00357 connection with Encroachment Permit No. PS02-00357 (DR -00 - (DR -00-21) 21). The work was accepted, and the bonds were ordered exonerated. Accepted Work at Street improvements at 708 Randolph Avenue were completed to 708 Randolph Avenue the satisfaction of the Public Services Director by The Lab, 709 by The Lab, EP PS03- Randolph Avenue, in connection with Encroachment Permit No. 00634 PS03-00634. The work was accepted, and the cash refund of $9,909.48 was approved. Amendment No. 8 to Item No. 7 on the Consent Calendar was presented: Cooperative Agreement C-95-968 Agreement No. C-95'968 with the Orange County Transportation with OCTA Authority (OCTA), deleting the prior Exhibit A in its entirety and replacing it with a revised "Combined Transportation Funding Programs Allocations"; list dated January 13, 2004. Judi Berry, Costa Mesa, reported that in checking the agenda report on the internet, Attachment 1 was unreadable. She asked for a hard copy. OEM MOTION/Approved On .motion by Mayor Monahan, seconded by Council Member Amendment Steel, and carried 5-0, the amendment was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Rehabilitation of Fair Item No. 8 on the Consent Calendar was presented: Contract Drive and Fairview award for Rehabilitation of Fair Drive and Southbound Fairview Road, Project No. 04- Road, Project No. 04-05. Mayor Pro Tem Mansoor opined that the 05, to All American sidewalk repair should include the entire sidewalk area. The Public Asphalt Services Director suggested a change order, noting that funds are held in contingency. He thought that the entire additional cost would be approximately $20,000.00. MOTION/Awarded On motion by Mayor Pro Tem Mansoor, seconded by Mayor Contract to All Monahan, and carried 5-0, the contract was awarded to All American Asphalt American Asphalt, P.O. Box 2229, Corona, for $749,749.00, the Mayor and Deputy City Clerk were authorized to sign on behalf of the City, and staff was directed to locate additional funds in order to accomplish the complete sidewalk repair and tree removal and replacement. Council Member Cowan supported the motion but was concerned about the removal of the trees. She noted the successful sidewalk rehabilitation on Baker Street between Fairview Road and Harbor Boulevard which did not include tree removal, and asked that the options to tree removal be fully explored. Mayor Pro Tem Mansoor mentioned the liability involved from sidewalks that are broken due to tree root damage, and suggested that the existing tree policy be followed. The Public Services Director explained that every tree is individually evaluated to ascertain if it can be saved yet assuring that it is safe for the public. Mayor Pro Tem Mansoor added that if a tree is removed, the ratio for replacement is 3 to 1, and explained that he is mainly interested in a "long-term fix". PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Mobile Home Park set for the public hearing to consider an ordinance amending the Conversions Costa Mesa Municipal Code by adding a new Article 17 to Title 13, Zoning Code, regarding mobile home park conversions, and amending other affected provisions of Title 13. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's office. Communications were received from Milt Burdick, Vice President of Golden State Manufactured Homeowners League (GSMOL), supporting the proposed ordinance; John Campbell, Costa Mesa, opposing the ordinance; and Tom Carson, Costa Mesa, urging Council to take no action because State law provides sufficient mechanisms regarding mobile home parks. The Senior Planner summarized the Agenda Report dated March 18, 2004, and responded to questions from Council. Council Member Steel complimented the Planning Division and the Planning Commission for their efforts on this project. He advised that Council had received a letter from a Ms. Halaska, dated March 3, 2004, a resident of the EI Nido Mobile Home Park, and stated that letters such as hers give weight to the need for a closure ordinance. Council Member Cowan also thanked staff for their efforts and commented that it will provide direction in the future to Council and the Planning Commission regarding evaluating relocation reports. Mayor Pro Tem Mansoor expressed his concerns regarding the proposed ordinance, stating that it "gives quite a bit to the tenants 412 or the renters", by providing a provision for a replacement lot, payment of the cost of physically moving, the moving cost of all personal property, reasonable living expenses, a lump sum based on on-site market value, provision of relocation specialist services, and payment of a lump sum to compensate for any rent differential during the first year. He believed that State law provides adequate guidelines for conversion, and the items in the ordinance will cause an additional burden for the property owner. Mike Berry, Costa Mesa, alleged that raising costs for the property owner reduces his ability to adequately compensate the residents or to address the issues in a timely manner. He asked why a certificate of occupancy is not required. Dick Matherly, Costa Mesa, a former resident of EI Nido Mobile Home Park who has recently been relocated to another mobile home park by Mr. Brown, the owner of EI Nido, applauded Mr. Brown's efforts but thought that the process had been too lengthy. He supported the ordinance, stating that it would provide security and confidence to the residents. Richard Delaney, San Bruno, managing owner of Tropic Trailer Courts in Costa Mesa, and manager of 26 parks in 5 states, opposed the ordinance because it creates a separate class of people at the expense of the park owners, and the City would be asked to defend the ordinance. He reported that he has operated Tropic Trailer Courts since 1985, and this is the first time that, to his knowledge, a park closure has occurred. Dave Salcido, Costa Mesa, advised that many of his neighbors are mobile home park residents who have resided in their mobile homes for years and are living on a fixed income. He supported the ordinance. Terry Shaw, Costa Mesa, noted several changes in the ordinance which had been made at the Planning Commission level, such as the addition of a bankruptcy clause, and encouraged Council to further enhance the ordinance. Irene Shannon, Costa Mesa, reminded Council that she has repeatedly supported an ordinance regarding mobile home conversion to fill a loophole which is covered by State law but not local law. Don Hunter, Costa Mesa, mobile home owners consumer advocate, supported the ordinance with two exceptions: he believed that the distance of a 50 -mile radius is excessive in locating a replacement lot in a comparable park; and he compared the payment to a mobile home owner of a lump sum based upon consideration of the "off-site market value" as equal to salvage value. Vickie Talley, Laguna Hills, Director of the Manufactured Housing Educational Trust, and representing the mobile home community owners, discouraged ; adoption of the proposed ordinance. She reiterated objections previously submitted, felt that the State law works, and further commented that the "one year of uncertainty" discussed by Mr. Matherly could have been avoided had the Council not embarked upon the discussion of drafting an ordinance as a separate layer on top of the State law. Ms. Talley is not aware of any parks which will close in the near future. 'q Gq3 Jean Stirling -Stevens, Region 5 Manager for the Golden State Manufactured Homeowners League (GSMOL), and an advocate for personal and property rights, provided elements to include in the conversion ordinance, such as in-place evaluation in a fully operational park which she deemed the only proper and equitable way to appraise a manufactured home. Tom Carson, owner of Green Lake Mobile Home Park on Whittier Avenue between 17th and 18th Streets, announced that he has no intention of closing his park nor making any land -use changes. He opposed the ordinance, believing that it would add a new layer of bureaucracy and cost to anyone who intended to develop their land. There being no other speakers, the Mayor closed the public hearing. Mayor Monahan thanked the Senior Planner, the Planning Commission, the tenants, the mobile home owners, and staff for their work on this ordinance. He indicated that he is not "thrilled" with the final product, stating that it does not solve the existing problems, and believed that the recent closures would have occurred sooner had Council not been proceeding with the ordinance. MOTION /Received A motion was made by Mayor Monahan, seconded by Mayor Pro and Filed Tem Mansoor, to receive and file the report. Council Member Cowan opposed the motion, observing that the ordinance addresses many of the areas with which the City has struggled during the course of the closure of EI Nido and Snug Harbor. She added that it clearly defined what the State has mandated the City to accomplish. She did not believe that it should be easy to convert or close a mobile home park, nor should it necessarily be onerous for property owners who do choose to change their land use. Council Member Cowan disagreed that residents of EI Nido and Snug Harbor would have received benefits had the ordinance not been pursued. Council Member Steel opposed the motion but thought that the property owner should be able to prepare the closure report, and questioned the payment of relocation benefits to recreational vehicle owners and to non-residents. He felt that Costa Mesa residents need to be protected, commenting that the ordinance is reasonable. Council Member Steel supported having "something in writing" to protect residents in future situations. SUBSTITUTE A substitute motion was made by Council Member Cowan, MOTION/To Give First seconded by Council Member Steel, to give the ordinance Reading to Ordinance regarding mobile home park conversions first reading. The substitute motion failed to carry 3-2, Mayor Monahan, Mayor Pro Tem Mansoor, and Council Member Scheafer voting no. The original motion carried 3-2, Council Member Cowan and Council Member Steel voting no. The Senior Planner asked for clarification, indicating that the current ordinance does not, address mobile home park closures, and asking if it was Council direction to maintain the current City code to exclude mobile home park closures or should staff return with an ordinance which only addresses mobile home park closures in conversion procedures. Council Member Cowan encouraged adopting an ordinance that defines a closure because it is not defined at this time. The Acting City Attorney volunteered to work with the Planning Division to prepare a report with recommendations. Mayor Monahan was not confident that he was willing to expend additional staff time on this issue. RECESS The Mayor declared a recess at 8:30 p.m., and reconvened the meeting at 8:45 p.m. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Banners on Athletic set for the public hearing to consider an ordinance amending the Fields Costa Mesa Municipal Code by amending Title 13, Zoning Code, regarding the use of, banners on athletic .fields. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's office. A communication was received from Tim Cromwell, Costa Mesa, supporting the use of banners at fields for Costa Mesa National Little League teams. The Recreation Manager reviewed the Agenda Report dated March 25, 2004, and responded to questions from Council. She clarified for Mayor Monahan that the ordinance did not require that the sponsors be identified, only that the number of banners, size, colors, material, and the time period they will be displayed. Council Member Scheafer explained the sponsorship process, advising that the league accepts a donation from a sponsor, and a sponsorship director for the league will purchase banners, usually with a white background because they are less expensive. Addressing the difficulty in mounting and unmounting the banners, Council Member Steel proposed using hooks. He wondered if in the future a game program listing sponsors, including coupons, would suffice. Council Member Scheafer replied that printing a program would be quite expensive. Mayor Pro Tem Mans'oor remarked that of all the issues regarding the ballfields such as trash and parking problems, the banner issue is of the least importance. Regarding issues within the City that are contentious, he suggested that staff provide their suggestions in the form of alternatives. He thought that the banners could be solidly hung with a hook on each corner and one in the center, top and bottom, delegating responsibility for mounting and un - mounting the banners'to the parents. Mike Berry, Costa Mesa, stated that these sports activities are supposed to be about kids, not advertising. He opined that there are members of the Council who should abstain from voting on this issue. William Bonham, Costa Mesa, felt that regarding the advertising, the kids and the sponsors are the winners and the residents and schools loose. A player representative for the Costa Mesa National League reported that the teams need sponsors because they do not receive any money for support from the City. He reported that they have beautified the fields, spending over $10,000.00 of sponsor money in the last year, and that they have made a concentrated effort to be a good neighbor. Since researching safety hooks for hanging banners, he indicated that a "zip tie" is the safest on the market. Martin Millard, Costa Mesa, asked Council to support the homeowners by directing that the banners be hung and removed 465 every day. He objected to the definition of an athletic field as contained in the ordinance, calling it "too broad". Amy Stephens, President of the Costa Mesa American Little League, supported the ordinance as written, and reminded Council that sponsors are an important source of income for the league. She reported that the league fees have not been raised in the last five years due to the support. She stated that they have attempted to be a good neighbor but felt that some of the residents requests, such as mounting and unmounting banners every day, are unreasonable. Dave Salcido, Costa Mesa, thought that the league is obligated to remove the banners after each game. He cited the residents concerns that the little league activity renders the neighborhood less desirable and lowers property values. Terry Shaw, Costa Mesa, recommended revising the ordinance to delete the restriction that banners will not contain more than 3 colors, and thought that the banners should be taken down every day. A Costa Mesa resident stated that he understood the need for sponsorship but thought that the banners should only be in view during the hours that the athletic field is in use. He asked Council to think of the residents when making their decision. Charles Graham, Costa Mesa, a District 62 certified umpire and Assistant Umpire and Chief for Costa Mesa National Little League, thought the issue trivial since the banners are the same ones that have hung for eight years uncontested. He mentioned that the fields are used every day except for Sunday, and thought it a hardship to take the banners down every night. Mr. Graham asked that the children receive the opportunity for safe and fair play. Lori McDonald, Costa Mesa, complained that the Mayor advertised his restaurant on the premises of St. Joachim's Catholic Church and advertises in the church newsletter, yet as a Council Member voted on expansion of the church. She cited a conflict of interest. For the record, Mayor Monahan reported that the church expansion never reached the City Council level and he, therefore, could not participated in voting on the matter. John Stephens, Costa Mesa, member of the Costa Mesa American Little League Board of Directors and the American Little League Umpire and Chief, reported that since 1998 when he first joined the Board, there has not been a banner problem. He added that the banners defray the costs of equipment and uniforms. Sandra Genis, Costa Mesa, objected to the sections of the ordinance which reference uncodified material, and thought that the ordinance should be inclusive of those regulations and should be administered through the Planning Division, not the Recreation Division. She supported removing the banners daily. John Feeney, Costa Mesa, observed that the ordinance allows anyone to put up signs, and noted several instances of content regulation in the document. Judi Berry, Costa Mesa, suggested that sponsors put their names on the uniforms, hats, ball, gloves, etc., instead of banners. Joseph Moody, Costa Mesa, thought that California TeWinkle School was an unsuitable facility for an athletic field. He observed that a main purpose of the code is to prevent a residential area from being exposed to commercial -type signage, and noted the impact on property values. A Costa Mesa resident complained about a Costa Mesa Sanitary District banner which is visible from his home on Iowa Street, the outhouses 180 feet from his front door, the bleachers which are 80 feet from his back patio, and a decibel level during games of between 87 to 98. He recommended that a sports arena be constructed for little league use. Greg Pierce, Costa Mesa, President of Costa Mesa National Little League, explained that a picture shown earlier of an outfield fence covered with banners was taken at the closing game the previous season, and added that all the banners had been moved to one field for the All-Star Game. He advised that this year the banners have been scattered and that there are only 4 or 5 on each major field. Mr. Pierce argued that having the banners hung during practice is of value to the sponsors who are mostly family-owned businesses. Heather Somers, Costa Mesa, was saddened by the commercialization of youth sports activities, believing that the City should not provide the platform for advertising on City and school property. She proposed the use of a design sponsor thank you board which could be transported from field to field and taken down when the game is over. Ms. Somers commented that banners are everywhere in the City, on walls, buildings, houses, etc., advertising everything from roofing to fumigation, and opposed the proposed ordinance. An Iowa Street resident supported the location of a sports complex in an area other than the one in which he resides, citing the need for a more space. There being no other speakers, the Mayor closed the public hearing. Council Member Cowan indicated that there is a question regarding the regulations for banner usage being consistent with the sign ordinance, and reiterated her inquiry asking if the banner rules apply only to little league. She suggested refining the ordinance to meet the requirements of the sign ordinance, allowing banners only on baseball and softball fields with outfield fences, allowing them to be hung only on those fences, and defining a time frame in which they may be hung. She supported sponsor banners. Council Member Cowan acknowledged that she would like the hanging and removal of banners to have the least amount of impact on little league volunteers as possible. Council Member Steel supported hanging and removing the banners daily, and complimented speaker Greg Pierce for his attempt to affect a compromise. Mayor Pro Tem Mansoor endorsed the comments made by Council Member Cowan, clarifying that the intent is to abolish the need for an administrative regulation. He proposed that both sides of the issue regarding banner installation should be investigated. MOTION/Gave A motion was made by Mayor Monahan, seconded by Council Direction to Staff Member Scheafer, and carried 4-1, Council Member Steel voting Ll 1 no, directing staff to work with Council Member Cowan to refine the ordinance addressing such suggestions to include banner size, manner of hanging, the securing of the banner, that banners only hang on the outfield fences in the baseball and softball fields, define a time frame in which banners may be hung, that the regulations regarding the display of banners comply and are included in the existing codified sign ordinance, and that the banners currently displayed shall be allowed to remain during the current season ending June 16, 2004. Based on the length of time the banners have been hung, Mayor Pro Tem Mansoor supported the motion, stating that it is a good start in order to refocus on something more specific. In light of Council's determination that staff continue reviewing this matter and prepare a modified ordinance, the Acting City Attorney indicated that it is reasonable to direct staff not to pursue enforcement against existing banners in light of the pending change. Council Member Steel opposed the motion because the banners will be allowed to remain until mid-June, 2004. Council Member Scheafer asked that staff include in their report the field usage times, as well as anticipated times for hanging and removing the banners. Mayor Monahan was not happy that this matter had become so involved. RECESS The Mayor declared a recess at 10:30 p.m., and reconvened the meeting at 10:45 p.m. OLD BUSINESS The Deputy City Clerk presented from the meeting of March 15, DA -00-02, Segerstrom 2004, second reading and adoption of Ordinance 04-3, approving Town Center an amendment to Development Agreement No. DA -00-02, located east of Bristol Street, south of Sunflower avenue, west of Avenue of the Arts, and north of Anton Boulevard, excluding the Segerstrom Center for the Arts. MOTION/Adopted On motion by Mayor Pro Tem Mansoor, seconded by Council Ordinance 04-3 Member Steel, and carried 5-0, Ordinance 04-3 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT NO. DA -00-02 FOR SEGERSTROM TOWN CENTER. OLD BUSINESS The Deputy City Clerk presented from the meeting of March 15, Minimum Lot Size in 2004, second reading and adoption of Ordinance 04-4, regarding Residential Projects minimum lot size and common lot requirements in small -lot residential projects located in residential and planned development zoning districts. Heather Somers, Costa Mesa, pointed out that minimizing small -lot development to 3,000 square feet brings greater closeness in proximity to fill-in projects, specifically on the east side. She asked Council to reconsider lowering the square footage, suggesting retention of the current standard. Mayor Pro Tem Mansoor noted his understanding that the ordinance clarifies language and does not make major changes. MOTION/Adopted On motion by Mayor Pro Tem Mansoor, seconded by Council Ordinance 04-4 Member Cowan, and carried 5-0, Ordinance 04-4 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, M AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING MINIMUM LOT SIZE AND COMMON LOT REQUIREMENTS IN SMALL -LOT RESIDENTIAL PROJECTS LOCATED IN RESIDENTIAL AND PLANNED DEVELOPMENT ZONING DISTRICTS.' It was unanimously agreed to consider Old Business Items 3 and 4 concurrently. OLD BUSINESS The Deputy City Clerk presented the following items continued New Revenue from the meeting of March 15, 2004: Sources; and Priori- tization of Programs Consideration of potential new revenue sources. and Services Consideration of Prioritization of Programs and Services Efforts. The City Manager suggested, because of the importance of the two items and considering the lateness of the hour, that they be continued to an Adjourned Regular City Council meeting to be held on Monday, April 12, 2004, at 4:30 p.m. Judi Berry, Costa Mesa, supported an increase in business license fees, and noted a general downward trend in net revenue. She suggested looking at both the expense and revenue sides of the budget. The Finance Director explained that the schedule information shown by Ms. Berry had been extracted from the City's last four budgets. He addressed that information, and responded to questions from Council. Sandra Genis, Costa Mesa, stated that the biggest cost to the City is personnel, and mentioned the recent increase in retiree benefits. She felt that employee wages, benefits, and number of holidays should be more in-line with the private sector. She also suggested the installation of parking meters as possible revenue enhancement. Bill Turpit, Costa Mesa, supported retaining the Costa Mesa Job Center, stating that it is an appropriate and effective application of funds and deals with issues of public safety, public health, and the resident's well being. Mike Berry, Costa Mesa, recommended zero -based budgeting. Mayor Monahan informed the general public that Costa Mesa is fiscally strong with a $14 million reserve and a strong retail base, and the plan is to discover some long-term revenue sources. MOTION/Continued On motion by Mayor Monahan, seconded by Council Member to April 12, 2004 Steel, and carried 5-0, these items were continued to an Adjourned Regular City Council meeting to be held on Monday, April 12, 2004, at 4:30 p.m., in Conference Room 1A, City Hall, 77 Fair Drive, Costa Mesa. NEW BUSINESS The Deputy City Clerk presented a request from Bud Hohl, Harbor Lawn Veteran's President of the Costa Mesa Chapter of the Veterans of Foreign Memorial Wars, for City support for a proposed Veterans' Memorial to be constructed at Harbor Lawn Memorial Cemetery for an estimated cost of $131,392.00.:: The Legislative and Public Affairs Manager reviewed the Agenda Report dated March 1, 2004. 1 1 4G9 Bud Hohl, Costa Mesa, advised that the memorial is a tribute to those who served their country and lost their lives in combat. The following Costa Mesa residents asked the City to support the memorial: Terry Shaw; Irene Shannon; Beth Refakes; Heather Somers, who stated that contributions may be made through the Costa Mesa Community Foundation; and Mary Hornbuckle, President of the Costa Mesa Community Foundation, advised that donations should be send to the Foundation, Post Office Box 10268, Costa Mesa. Val Santo, Costa Mesa Fire Fighter/Paramedic, member of American Legion Post 291, Newport Beach, observed that it is time to stand up and show appreciation to veterans. MOTION/Gave Dir- A motion was made by Mayor Monahan, seconded by Council ections to Staff and 'Member Scheafer, and carried 5-0, to approve support of the Costa Mesa Commun- Veterans' Memorial, the Costa Mesa Community Foundation was ity Foundation instructed to accept funds for the project, staff was directed to work with the Foundation and Bud Hohl, and the Foundation was directed to provide Council with a recommended level of financial support. Mayor Pro Tem Mansoor thanked Mr. Hohl and staff for their work on this item. Council Member Scheafer echoed Mayor Pro Tem Mansoor's comment, advised that he would seek financial assistance for the project from the Costa Mesa -Newport Harbor Lions Club, and challenged members of the Costa Mesa Orange Coast Breakfast Lions and the Harbor Mesa Lions Club, and Elks from Lodge 1767 in Newport Beach to contribute. Council Member Steel thanked staff and Bud Hohl. NEW BUSINESS The Deputy City Clerk presented amendments to the Costa Mesa Community Founda- Community Foundation By -Laws. The Legislative and Public tion By -Laws Amend- Affairs Manager reviewed the Agenda Report dated March 22, ments 2004. MOTION/Approved On motion by Council Member Cowan, seconded by Council Amendments Member Steel, and carried 5-0, the amendments were approved. COUNCIL Council Member Cowan asked that official letters of notification to COMMENTS/Fair- the residents on Swan Drive regarding Fairview Park view Park Encroach- encroachments be prepared and are ready to be mailed by July 1, ment 2004. The City Manager replied that a complete report and timetable will be prepared for Council. Council Member Cowan indicated that a report is needed only if action is required. ADJOURNMENT The meeting was adjourned to the meeting of April 12, 2004, to be held in Conference Room 1A, City Hall, 77 Fair Drive, Costa Mesa, at 4:30 p.m. May of the City of Costa Mesa ATTEST: n_"4=e_) , De ty, City, Clerk .of -the City of Costa Mesa