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HomeMy WebLinkAbout10/18/2004 - City Council1 1 1 ROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 18, 2004 The City Council of the City of Costa Mesa, California, met in regular session October 18, 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 Mayor Pro Tem Mansoor, followed by the Pledge of Allegiance to the Flag led by Council Member Steel, and a moment of solemn expression led by the Reverend Dick George, Mesa Verde United Methodist Church. Council Members Present: Mayor Gary Monahan (arrived at 7:00 p.m.) Mayor Pro Tem Allan Mansoor Council Member Libby Cowan (arrived at 6:46 p.m.) 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 Assistant City Manager Steve Hayman Senior Planner Kim Brandt Associate Engineer Raja Sethuraman Associate Planner Claire Flynn Deputy City Clerk Julie Foicik MINUTES On motion by Mayor Pro Tem Mansoor, seconded by Council October 4, 2004 Member Steel, and carried 3-0, Mayor Monahan and Council Member Cowan absent, the minutes of the regular meeting of October 4, 2004, were approved with a modification to the motion on Page 5 to give first reading to Ordinance 04-11 to reflect that Council Member Scheafer seconded the motion. ORDINANCES AND A motion was made by Mayor Pro Tem Mansoor, seconded by RESOLUTIONS Council Member Scheafer, and carried 3-0, to read all ordinances and resolutions by title only. ANNOUNCEMENT Mayor Pro Tem Mansoor announced that he objected to the proclamation for National Arts and Humanities Month and opposed support for the National Endowment for the Arts (NEA). He cited several examples of NEA monies spent on what he considered to be obscene material. Council Member Cowan entered the Council Chambers at 6:46 p. M. MOTION/To Bypass A motion was made by Council Member Steel, seconded by Mayor the Proclamation Pro Tem Mansoor, to bypass the National Arts and Humanities Failed to Carry Month proclamation. The motion failed to carry 2-2, Council Member Cowan and Council Member Scheafer voting no. PRESENTATION Council Member Scheafer read a proclamation declaring the "National Arts and month of October, 2004, as National Arts and Humanities Month, Humanities Month" recognizing that the arts and humanities affect every aspect of life in America today including the economy, social problem solving, job creation, education, creativity, and community livability. He, along with Recreation Supervisor Jana Ransom, presented the document to Kathleen Eric, Diane Doyle, and Ted Baker, members of the Costa Mesa Cultural Arts Committee. PRESENTATION Costa Mesa Target ' Store representatives Curt Pamperin, Target Stores Investigations. Department, and Jaclyn Arabe, Asset Protection Criminal Team Leader, presented Police Chief John Hensley with LE Grant Justice LE Grant Program funds to purchase Orange County Social Service Program Rainbow Resource Directories to assist crime victims, as well as other citizens, who are in need of finding the appropriate social services. PUBLIC COMMENT Rich Reiser, Newport Beach, showed photographs of the 19th Street Crossing intersection of Monrovia Avenue and West 19th Street taken on Problem Thursday, October 7, 2004, between 7:30 a.m. and 8:00 a.m., illustrating the difficulty children encounter crossing the street at this intersection. He encouraged the City to hire additional Police officers to enforce Vehicle Code Sections 21950(a) and 21.953. City Council Decisions Martin Millard, Costa Mesa, commented that City Council is entrusted to make subjective opinions which consider the well- being of the entire city. He suggested that many businesses had been negatively impacted by a recent decision which involved Bristol Street property, utilized to, store containers. Mr. Millard proposed considering each item on the agenda utilizing a "global" view concerning long-term effects on the community. Orange County Eva Park, .member of the board of directors and founder of Orange Humane Society County People for Animals, reported on conditions at the Orange County Humane Society including overcrowding of the animals, filth, disease, and inhumane treatment. She urged Council to conduct a thorough investigation into shelter activities. Mayor Pro Tem Mansoor replied that there is an on-going investigation. Mayor Monahan entered the Council Chambers at 7:00 p.m. The following persons who volunteered at the Orange County Humane Society (OCHS) concurred with Ms. Park: Carol Holland, Costa Mesa, stated that there are forty persons willing to testify to the conditions and inhumane treatment which she has personally witnessed, and thought that the investigation should include an audit of the spay and neuter fines collected by OCHS; Suzanne Barthomemy, Costa Mesa, reported on the mistreatment of the animals, and suggested that an independent board be appointed to oversee and inspect the facility; Cindy Woods, suggested that the Humane Society of the United States be contacted in order to utilize its Animal Services Consultation Program wherein a team of experts would provide a customized, comprehensive evaluation and develop recommendations for improving. operations and animal care; Jenna Motschman, Fountain Valley, stated that there is no accountability at the shelter; Shelly Hunter, Huntington Beach, asked that animals at the shelter be evaluated for health and temperament on an ongoing basis; Shannon Meade, Costa Mesa; Dee Cordova, Fountain Valley; Linda Frances, Huntington Beach; and Sune Gillin, Huntington Beach. John Vreeman, a volunteer at the Orange County Humane Society, defined his job at the Society as filling water bowls, cleaning dirty kennels, evaluating the animals, and working with adoptions. He called the Shelter a temporary refuge for unwanted animals, and provided a website, www.orangecountyhumanesociety.org. He disputed the claims made by those who speak against the Society, and urged Council to quickly complete their investigation. The following volunteers concurred with Mr. Vreeman and denied the allegations of those speaking against OCHS: a Huntington Beach resident, assured Council and Costa Mesa residents that the allegations made by former volunteers are not true, and stated that 99 percent of the dogs are placed in homes; Rhonda Belcher, a volunteer; stated that the staff love the animals and work hard, . and she enumerated her chores of bathing 25 dogs a month, cooking 20 pounds of stew for the dogs each day, monitoring their eating habits, and added that she takes dogs into foster, care; Kendall (last name unintelligible), commented that the actions of the protesters have adversely affected adoptions of the animals; and a Fountain Valley resident, indicated that her main concern is the animals, not the politics. Mayor Monahan advised that the City has a contract with OCHS, and an investigation has been initiated which is being handled by the Police Department. He added that until the investigation is complete, there is nothing that the City can do, and asked if this matter had been brought to the attention of the City of Huntington Beach where the shelter is located. The City Manager added that the facility is also being independently inspected by the Orange County Health Department, and a report will be provided with the results. Upon completion of the City's investigation, those results will be furnished to Council and to members of the public. Igal Israel, Costa Mesa, asked the amount of the contract. The City Manager replied that he would supply that information to Mr. Israel. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR No. 8, Agreement with S. Gordin Structural Design and Engineering Services (SGE), for Professional Engineering Services for the Design of Abutments and Approaching Structures for Pre - Fabricated Steel Bridge over Placentia Avenue at Fairview Park. MOTION/Approved On motion by Council Member Cowan, seconded by Council Except Item No. 8 Member Steel, and carried 5-0, the remaining Consent Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Coral Construction Company; and Tony V. Torres. Alcoholic Beverage Request from California Wraps and Grill, 250 East 17th Street, Control License Suite D, for an original Type 41 ABC License (on -sale beer and wine for a bona fide eating place). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 2026, funding City operating expenses for 2026 $720,914.25. Approved Warrant Warrant Resolution 2027, funding Payroll No. 421 for 2027/Payroll 421 and $1,908,845.50,, Payroll No. 420A for $4,605.09, and City 420A operating expenses for $1,540,332.56, including payroll deductions. ADMINISTRATIVE Bids received for Bid Item No. 1076, Purchase of Two New 2005 ACTIONS/Awarded Ford F-250 4x2 Series Trucks with Royal Utility Service Bodies, are Bid Item 1076, Two on file in the City Clerk's office. The contract was awarded to Villa New Trucks, to Villa Ford, 2550 North Tustin Avenue, Orange, for $56,633.38 (net price Ford which includes a ten percent discount of $6,292.60 for payment within 30 days). Awarded Fire Com- The bid received for Construction of Fire Command Training mand .Traini.ng Struc- Structure, 2300 Placentia Avenue, Project No. 04-21, is on file in ture, Project No. 04- the City Clerk's office. The contract was awarded to WRG Fire 21, to WRG Fire Training Simulation Systems, Inc, 13780 Galbreath, Building C, Training; Approved Sherwood, Oregon, for $376,825.00 (base bid only), the Mayor and Adjustment No. 05- Deputy City Clerk were authorized to sign on behalf of the City, 021 and Budget Adjustment No. 05-021 was approved for $26,825.00. Awarded Signal/CCTV Bids received for Construction of Signal/CCTV Cable Cable Communica- Communications, Project No. 04-22, are on file in the City Clerk's tions, Project No. 04- office. The contract was awarded to Moore Electrical Contracting, 22, to Moore Inc., 463 North Smith Avenue, Corona, for $500,070.00, the Mayor Electrical; and Deputy City Clerk were authorized to sign on behalf of the Approved Adjustment City, and Budget Adjustment No.. 05-020 was approved for No. 05-020 $150,000.00. Awarded Sound Bids received for Construction of Sound Walls, Retaining Walls, Walls, and Slope Improvements, Along the West Side of Fairview Road Retaining Walls, and and South of Southbound 1-405 Freeway Off -ramp, Project No. 04 - Slope Improvements, 23, are on file in the City Clerk's office. The contract was awarded Project No. 04-23, to to Pima Corporation, doing business as Advanced Construction, Pima 2001 South Barrington Avenue, Suite 204, Los Angeles, for $427,616.00 (base bid only), and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. . Adopted Resolution Resolution 04-60 was adopted: A RESOLUTION OF THE CITY 04-60 Approving Sole COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO Source Contract with AUTHORIZE AND AWARD A SOLE SOURCE CONTRACT TO Hewlett Packard for UPGRADE THE -CITY'S SERVER AND E-MAIL FOR THE Computer E=quipment MANAGEMENT INFORMATION SYSTEMS DIVISION, with Hewlett Packard, 1421, South Manhattan Avenue, Fullerton, in an amount not to exceed $100,000.00. Agreement with S. Item No. 8 on the Consent Calendar was presented: Agreement Gordin Design for with S. Gordin Structural Design and Engineering Services (SGE), Bridge Design for Engineering Services for the Design of Abutments and Over Placentia at Approaching Structures for a Pre -Fabricated Steel Bridge over Fairview Park Placentia Avenue at Fairview Park. MOTION/Approved On motion by Council Member Cowan, seconded by Council Agreement Member Scheafer, and carried 4-1, .Mayor Pro Tem Mansoor voting no, the agreement was approved with S. Gordin Structural Design and Engineering Services (SGE), 15351 Normandie Avenue, Irvine, in an amount not to exceed $51,386.00, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Appeal of PA -04-21, from the meeting of September 7, 2004, to consider an appeal EI Camino Partners from Jack Sakzlyan of the Planning Commission's decision to deny Conditional Use Permit PA -04-21 for Daniel C. Carlton, Attorney, authorized agent for Carl Reinhart/EI Camino Partners, to modify an existing conditional use permit for a former gasoline service .station to discontinue sales of gasoline to become solely an auto repair facility, located at 1045 EI Camino Drive in an R2 -MD (Medium Density, Multi -family Residential) zone. Environmental determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. A communication was received from Daniel C. Carlton, 2600 Michelson Drive, Suite 1120, Irvine, requesting a continuance. MOTION/Continued On motion by Council Member Cowan, seconded by Council to February 7, 2005 Member Steel, and carried 5-0, the public hearing was continued to the meeting of February 7, 2005. An unidentified speaker asked if copies of the letter submitted by Mr. Carlton requesting the continuance were available to the public. She indicated that the continuance to February 7, 2005, was. an extremely long time. Mayor Monahan replied that a copy of the letter is available in the City Clerk's office. The Development Services Director explained that the length of the continuance is to allow the property owner and the gas station owner to negotiate a settlement. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Appeal of PA -04-14, set for the public hearing to consider an appeal by Council Member Sax Libby Cowan of the Planning Commission's denial of Conditional Use Permit PA -04-14 for Stan Sax, authorized agent for John Saunders and Doug Morehead, to allow a restaurant to serve alcoholic beverages after 11 p.m. (2 a.m. proposed for Fridays and Saturdays), to allow live entertainment/dancing within 200 feet of a residential use, and to allow off-site parking at 2801 Bristol Street for a restaurant, located at 2831 Bristol Street in a CL Zone (Commercial Limited District). .Environmental determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. A communication was received from Ed and Geraldine Evans, Costa Mesa, asking Council to uphold the Planning Commission's denial of the project. Mayor Monahan announced that a request for continuance had been received from the applicant due to his inability to attend this evening. The owner of the Bear Creek Apartments which are adjacent to the project reported that a similar conditional use permit had been denied for a restaurant in the same location due to the proposed hours of operation and the location being next to an apartment complex. He encouraged Council to uphold the Planning Commissions findings to deny the CUP. MOTION/Continued On motion by Council Member Cowan, seconded by Council to November 15, 2004 Member Scheafer, and carried 5-0, the public hearing was continued to the meeting of November 15, 2004. There being no objection, Mayor Monahan announced that Public Hearing No. 5 would be addressed next. PUBLIC HEARING The Deputy City Clerk announced that this is the time and., place Regulations for Motor set for the public hearing to consider a proposed Ordinance Vehicle Retail Sales amending Title 13 of the Costa Mesa Municipal Code to establish Businesses additional zoning regulations for motor vehicle retail sales businesses and outdoor communication systems operated by commercial and industrial uses. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's office. The Development Services Director reported that a request for continuance until October 17, 2005, has been received from the dealer's association to allow them to resolve the outstanding issues. Council Member Steel suggested that car dealer lighting, which severely impacts residential neighborhoods, be added to' the discussion, when brought back. MOTION/Continued On motion by Mayor Pro Tem Mansoor, seconded by Council to October 17, 2005 Member Scheafer, and carried 5-0, . the public hearing was continued to the meeting of October 17, 2005. There being no objection, Old Business No. 2 was considered. OLD BUSINESS The Deputy City Clerk presented from the meeting of October 4, Solid Waste Hauling 2004, second reading adoption of Ordinance 04-12, adopting a Franchise F=ee Solid Waste Hauling Franchise Fee amending the Costa Mesa Municipal Code Chapter IV of Title 8. Mayor Monahan indicated that a request for continuance had been received from staff. MOTION/Continued On motion by Council Member Scheafer, seconded by Council to November 1, 2004 Member Cowan, and carried 5-0, this item was continued to the meeting of November 1, 2004. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Pacific Medical Plaza set for. the public hearing to consider the Pacific Medical Plaza, for Cora Newman/Government Solutions, authorized agent for Joseph Brown, for the conversion of two existing trailer parks to allow the construction of a 76,500 square -foot, 4 -story medical office building, with a 3 -level parking structure, located at 1626/1640 Newport Blvd. Environmental Determination: Final EIR No. 1051. Resolution certifying Final Environmental Impact Report (EIR) No. 1051 (SCH#2003071089) for the Pacific Medical Plaza. Resolution adopting General Plan Amendment GP -02-06 for a site-specific Floor Area Ratio (FAR) for a moderate traffic generating land use (0.30 FAR allowed; 0.40 FAR maximum proposed). Draft ordinance adopting Rezone Petition R-02-03, for rezoning of the property from C2 (General Business District) to PDC (Planned Development Commercial). Resolution approving Mobile Home Park Conversion Permit PA - 02 -37, to convert two existing trailer parks, EI Nido and Snug Harbor Village, to a medical office land use. Resolution approving Master Plan Amendment PA -02-36, for the construction of a 4 -story, 76,500 square -foot, medical office building and a 3 -level parking structure on 4.4 acres. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. The Development Services Director and Senior Planner reviewed the Agenda Reports dated October 7, 2004, and they, along with the Associate Engineer, responded to questions from Council. Carol Hoffman, Government Solutions, 230 Newport Center Drive, Suite 210, Newport Beach,' representing the property owner, believed that the proposed project is complementary with surrounding uses, and advised that they had been encouraged by the City to present the 76,400 square foot, four-story building which is allowed under the General Plan, and added that the floor area ratio (FAR) requires Council approval. She indicated that the project architect had been ranked No 1 in the state for the last five years, and presented renderings of projects which they had designed. Ms. Hoffman advised that the narrow portion of the 1 1 building faces Newport Boulevard, is "stepped back" with a landscaped entry, and mentioned other attributes including a mid - sight passenger drop-off zone to allow for convenient patient access. Ms. Hoffman reviewed the design criteria, and reported that good surface parking has been provided, as well as the two- story, three-level parking structure, and screening landscaping had been installed along Orange Avenue. She listed letters of support received for the project from the adjacent single -room occupancy hotel on Newport Boulevard, Hoag Hospital, Von's Market, and the owner of the shopping center at 17thStreet and Orange Avenue. She reported that the medical office use will generate a maximum of 120 trips daily on the weekend with a peak hour maximum of 30, whereas a retail use would generate 2,800 trips and 290 during the peak hours. She responded to a question from Mayor Pro Tem Mansoor, stating that approval of the project would fill a compelling need for medical office space, create an attractive entrance to the City of Costa Mesa, and traffic impact would be reduced on weekends. Mayor Pro Tem Mansoor pointed out that weekday traffic will be increased by 434 trips in a 24-hour period. Council Member Steel thought that the project was too large for the area and objected to the tiered parking. He, however, supported the medical use over that of retail. Jay Humphrey, Costa Mesa, asked how the mobile home park conversion was accomplished prior to understanding the impacts on the City. The Senior Planner advised that the City does not have discretionary approval over closures of mobile home parks. In response to a question from Mr. Humphrey, the Associate Engineer explained that 2,769 is the actual number of trips generated by the medical office building. Mr. Humphrey questioned how left turns would be prohibited when exiting the facility, and expressed concern regarding the traffic impact on 17th and 19th Streets. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Council Member Cowan, seconded by Council Resolution 04-61 Member Scheafer, and carried 4-1, Council Member Steel voting no, Resolution 04-61 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 1.051 FOR THE PACIFIC MEDICAL PLAZA PROJECT LOCATED AT 1626 AND 1640 NEWPORT BOULEVARD. MOTION/Adopted On motion by Council Member Cowan seconded by Council Resolution 04-62 Member Scheafer, and carried 3-2, Mayor Pro Tem Mansoor and Council Member Steel voting no, Resolution 04-62 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING GP -02-06 TO CREATE A SITE-SPECIFIC FLOOR AREA RATIO AND TRIP BUDGET FOR 1626 AND 1640 NEWPORT BOULEVARD LOCATED IN THE GENERAL COMMERCIAL LAND USE DESIGNATION. Mayor Pro Tem Mansoor was not convinced that the project is suitable for this location and expressed concern about traffic impact. He agreed that the building is beautiful but maintained that it is too tall for the area. Council Member Cowan believed that the project is high quality and does not affect zoning in the area because it is site specific. MOTION/Gave First On motion by Council Member Cowan, seconded by Council Reading to Ordinance Member Scheafer, and carried 3-2, Mayor Pro Tem Mansoor and 04-13 Council Member Steel voting no, Ordinance 04-13 was given first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REZONING 4.4 ACRES FROM C2 (General Business District) TO PDC (Planned Development Commercial) BY ADOPTION OF REZONE PETITION R-02-03. Second reading and adoption are scheduled for the meeting of November 1, 2004. MOTION/Adopted On motion by Mayor, Monahan, seconded by Council Member Resolution 04-63 Scheafer, and carried 3-2, Council Member Cowan and Council Member Steel voting no, Resolution 04-63 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE MOBILE HOME PARK CONVERSION (PA -02-37) FOR THE SNUG HARBOR VILLAGE AND EL NIDO TRAILER PARKS LOCATED AT 1626 AND 1640 NEWPORT BOULEVARD. Mayor Pro Tem Mansoor supported the mobile home park conversion but opposed the medical office use. MOTION/Adopted On motion by Council Member Cowan, seconded by Council Resolution 04-64 Member Scheafer, and carried 3-2, Mayor Pro Tem Mansoor and Council Member Steel voting no, Resolution 04-64 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -02-36 FOR THE PACIFIC MEDICAL PLAZA FINAL MASTER PLAN LOCATED AT 1626 AND 1640 NEWPORT BOULEVARD, subject to the findings contained in Exhibit "A", Exhibit "B", and the mitigation measure monitoring program in Exhibit "C. Mayor Monahan supported the motion, calling the project "phenomenal" because it provides an opportunity to construct a state -of -the art medical office building in Costa Mesa. Council Member Scheafer agreed that this is a building of which Costa Mesa can be proud. RECESS The Mayor declared a recess at 8:50 p.m., and reconvened the meeting at 9:05 p.m. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Habitat for Humanity set for the public hearing to consider a planned .development for Mark Korando of Habitat for Humanity of Orange County (General Plan Amendment GP -03-03, Rezone Petition R-03-01, Planning Applications PA -03-59 and PA -04-40, and Tentative Tract Map T- 16502), for an eight -unit, single-family residential, common -interest development. The 1.49 -acre project site consists of two parcels: 1.12 -acre commercial parcel at 2300 Harbor Boulevard and 0.37 residential parcel located at 380 W. Wilson. Access to the project site is proposed at the western terminus of Wake Forest Road. Environmental determination: Mitigated Negative Declaration. Resolution adopting mitigated negative declaration and mitigation monitoring program and approving General Plan Amendment GP -08-03. Draft Ordinance adopting Rezone Petition R-03-01 to change the zoning from Shopping Center (C1 -S) and Multi -Family Residential District (R3), to Planned Development Residential -Low Density (PDR -LD). 1 1 1 Planning Applications PA -03-59 and PA -04-40 to create a residential common interest development consisting of five 1 - story and three 2 -story single-family detached homes and to amend the Harbor Center Master Plan's conditions of approval to reflect opening at Wake Forest Road for site access. Tentative Tract Map T-16502. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Communications in opposition to the project were received from Sandy Genis, Costa Mesa; Georgette Huber, Costa Mesa; Tamar Goldman, Costa Mesa, and ReMax Real Estate Agent Linda Hartman. A communication in support was received from Walt Farley, Costa Mesa, and Costa Mesa resident Jack Hoffman suggested that the project be sent back to the Planning Commission because of a potential conflict of interest. Mark Korando, Costa Mesa, representing Habitat for Humanity, requested a continuance in order to meet with residents regarding the project. The Development Services Director clarified that the continuance in requested to early 2005, and February 7, 2005, is the next scheduled time for consideration of general plan amendments. Mayor Pro Tem Mansoor was concerned about continuing the item, and preferred proceeding with the hearing. He asked what the alternatives were to opening Wake Forest Road. Mr. Korando replied that discussions had taken place relative to providing access through the rear of the Harbor Shopping Center. Council Member Steel supported proceeding with the public hearing. Council Member Cowan suggested honoring the continuance request, believing that Habitat for Humanity should be given the opportunity to continue conversations with the representatives from Harbor Shopping Center. She called the project "good quality". Jeff Goldfarb, Rutan and Tucker, 611 Anton Boulevard, Fourteenth Floor, Costa Mesa, representing ICI Development, reported that their agreement with Habitat for Humanity was drafted to ensure that Wake Forest Road would only be opened in the event that the project is residential. He recollected that there had been a significant concern about noise should the street be opened, and the residents had reserved their right to object to any project. MOTION/To Continue A motion was made by Council Member Cowan to continue the Died public hearing to February 7, 2005. The .motion died for lack of a second. The Associate Planner reviewed the Agenda Reports dated October 4 and 5, 2004, and responded to questions from Council. Council Member Steel opposed the project in this location because of the density, the Wake Forest Road access, and there was no guarantee that Costa Mesa residents would be given preference in qualifying for the homes. Mark Korando stated that the noise level in the area of the proposed project is consistent with that mandated by the City. He added that Habitat for Humanity has made every effort and has put forward a plan which mitigates the important issues involved. He pointed out that this is an opportunity to comply with the objectives and goals within the General Plan to promote low-density, single- family ownership housing. Mr. Korando observed that the only use which would have a lower impact would be a park, and reiterated his request for a continuance. Jeff Goldfarb announced that he wished to withdraw a letter he had sent previously which included a request that all matters be considered at one time, and noted that ICI Development believes that based on the orientation of the property, residential land use is the most appropriate. The. following Costa Mesa residents opposed. construction of the Habitat for Humanity project: Katharine Bequette protested any housing built by anyone behind the Home Depot store, and called the site unsuitable; Flo Martin, normally a supporter of Habitat for Humanity, complained that they have not responded to residents questions; Jane Finch; Charmaine Pickett called it a mistake to rezone commercial property prior to exploring other locations for the housing; Dick Carroll thought that the project was a serious mistake; Jess Bequette asked how many other Habitat . for Humanity projects were constructed adjacent to noisy loading docks, and supported retaining the commercial designation; Marianne Segalla addressed the additional traffic which would be generated; Joseph Miner commented on the noise impact, and mentioned alternative uses for the property; Tamar Goldmann indicated that the Home Depot situation has become worse; R. W. Lane; Terry Shaw; Linda Bolton, thought that the College Park neighborhood is an asset to Costa Mesa and residents are being "threatened" by this project; Margaret West asked if Habitat for Humanity had considered other locations for the project; Cindy Brenneman, requested that she be notified if meetings are held with Habitat for Humanity; and Mary. Kipp found it odd that the Habitat for Humanity staff called College. Park. residents and asked, that they attend the meeting and support the project. Ursula Bohen, Costa Mesa, thought that the foregoing complaints predated the project and are beyond the control of Habitat for Humanity, such as sound issues from the shopping center and use of nearby streets for overflow parking by non -College Park residents. Paul Eklof, Costa Mesa, a long-time supporter of Habitat for Humanity, spoke on behalf of compromise and continuation. Mayor Pro Tem Mansoor clarified for previous speaker Dick Carroll that Council is not "beating up on these people" as he had maintained but were merely hearing a request which had been brought forward. Linda Hartman, ReMax Real Estate Agent, objected to the location of the proposed project. Igal Israel, Costa Mesa, supported the project, and stated that the property owner has the legal right to develop their property. He suggested that the residents could purchase the property from the current owner and convert it into a park. Jay Humphrey, Costa Mesa, was concerned about the cumulative impact of increasing noise, as well as the creation of a community surrounded by walls with a separate entryway. He urged Council to allow meetings between residents and Habitat for Humanity to determine a solution which would benefit both parties, and noted the need for increased affordable single-family housing. Mark Korando addressed the above by stating that traffic impact is an issue, and Habitat for Humanity is proposing the least amount of traffic in the neighborhood; mitigation for the wall is in place; the echo factor is addressed in the context of additional landscaping; and the apartments which face the Home Depot loading dock which have double pained windows and air conditioners mandated by the mitigation measures have been open for the last 3 weeks which indicates that there are no fume. and noise problems. Council Member Steel asked Mr. Korando to attempt to change policy to ensure that Costa Mesa residents would have the first chance at obtaining the housing. Mark Korando replied that this is a requirement stated in the first condition of approval, and he also responded to a question from Mayor Pro Tem Mansoor,indicating that Habitat for Humanity would probably handle any delinquent homeowner's association dues. There being no other speakers, the Mayor closed the public hearing. Mayor Pro Tem Mansoor commented that his main concern is noise which impacts quality of life, and asked if there could be additional mitigation measures which address noise issues.. The Associate Planner advised that additional mitigation measures or conditions of approval may be imposed by Council on the final master plan for a development proposal. Council Member Scheafer believed in the mission of Habitat for Humanity but felt that there could be a. negative impact should Wake Forest Road be opened and the wall removed. He opposed the project. MOTION/Adopted On motion by Mayor Monahan, seconded by Council Member Resolution 04-65 Steel, and carried 4-1, Council Member Cowan voting no, Resolution 04-65 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT GP -03-03, REZONE R-03-01, PLANNING APPLICATIONS PA-03-59/PA-04-40 AND TENTATIVE TRACT MAP T-16502 AT 2300 HARBOR BOULEVARD AND 380 WEST WILSON STREET, and denying the mitigated negative declaration. Mayor Monahan thanked Mark Korando and Habitat for Humanity for their efforts in the City of Costa Mesa, and voiced his support of future projects for the City. OLD BUSINESS The Deputy City Clerk presented from the meeting of October 4, Temporary Signs and 2004, second reading adoption of Ordinance 04-11, regarding the Banners use of temporary signs for City -sponsored events on public property and banners on public baseball and softball fields. MOTION/Adopted On motion by Council Member Cowan, seconded by Council Ordinance 04-11 Member Scheafer, and carried 3-2, Mayor Pro Tem Mansoor and Council Member Steel voting no, Ordinance 04-11 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING THE USE OF TEMPORARY SIGNS FOR CITY - SPONSORED EVENTS ON PUBLIC PROPERTY AND BANNERS ON PUBLIC BASEBALL AND SOFTBALL FIELDS. NEW. BUSINESS The Deputy City Clerk presented appointments to Child Care and Committee Appoint- Youth. Services Committee; Cultural Arts Committee; Fairview Ments Friends/Fundraising Committee; Historical Preservation Committee; and the Human Relations Committee. The Assistant City Manager reviewed the Agenda Reportdated October 5, 2004. MOTION/Appointed On motion by Council Member Scheafer, seconded by Council Members to Child Member Cowan, and carried 5-0, Valerie Breen was reappointed a Care regular member to the Child Care and Youth Services Committee, and Youth Services and Hilda Alvarado and Pamela Schehl were appointed as Committee alternates members. MOTION/Appointed On motion by Council Member Cowan, seconded by Council Members to the Member Scheafer, and carried 5-0, Mary Ellen Nero, Donna Robb Cultural Arts Commit- and Thomas Tom were reappointed as regular members to the tee Cultural Arts Committee. MOTION/Appointed On motion by Council Member Cowan; seconded by Council Members to the Member Scheafer, and carried 5-0, Shirley Willard (representing Fairview Park Friend/ ReLeaf Costa Mesa), and Bob Platfoot (representing Orange Fundraising Commit- County Model Engineers), were reappointed as regular members tee to the Fairview Park Friend/Fundraising Committee; and William Eckles (representing Harbor Soaring Society), Robert Palazzola (representing Costa Mesa Historical Society), and John Willis were appointed as regular members. MOTION/Appointed On motion by Council Member Steel, seconded by Council Member to Historical Member Cowan, and carried 5-0,- W. R. (Bob) Wakeham was Preservation Commit- appointed a regular member to the Historical Preservation Tee Committee. MOTION/Appointed On motion by Council Member Steel, seconded by Council Member to Human Member Cowan, and carried 5-0, Bonnie Sayan was reappointed Relations Committee as a regular member to the Human Relations Committee. MOTION/Appointed On motion by Council Member Steel, seconded by Council Alternate Members to Member Cowan, and carried 5-0, alternate positions were created the Human Relations for the Human Relations Committee, and Kim Clark and Clarence Committee Donovan were appointed as alternate members. NEW BUSINESS The Deputy City Clerk presented an agreement with the Law -Contract Legal Offices of Jones and Mayer, 3777 North Harbor Boulevard, Services Fullerton, for contract legal services for the City, effective November 1, 2004; and appointment of Kimberly Hall Barlow of the Law Offices of Jones and Mayer as City Attorney, effective November 1, 2004. The Assistant City Manager summarized the Agenda Report dated October 7, 2004. Sam Clark, Costa Mesa, although not supporting the move to use outside counsel, approved of the qualifications of Jones and Mayer. Council Member Steel agreed with Mr. Clark and agreed with the recommended action. MOTION/Approved A motion was made by Council Member Cowan, seconded by Agreement Council Member Steel, and carried 4-1, Mayor Pro Tem Mansoor voting no, to approve the agreement, authorize the City Manager and Clerk to sign, and to appoint Kimberly Hall Barlow as City Attorney, effective November 1, 2004. Mayor Pro Tem Mansoor did not support using an outside attorney, however wished Ms. Barlow the best and was looking forward to working with her. 1 1 1 CITY ATTORNEY'S The Acting City Attorney announced that pursuant to Subdivision REPORT/Request (a) of Section 54956.9 of the California Government Code, a for Closed Session: closed session had been scheduled for the City Council to confer Builders Steel v. with legal counsel, Tom Wood, Acting City Attorney, regarding City, OCSC existing litigation in one (1) case: Builders Steel, Inc. versus City of 02CC12137 Costa Mesa, etc. (Case No. 02CC12137 Orange County Superior Court). The Acting City Attorney suggested that the matter could be acted upon in open session. MOTION/Approved A motion was made by Mayor Pro Tem Mansoor, seconded by Recommended Action Council Member Steel, and carried 5-0, to approve the recommended action as contained in the City Attorney's confidential memorandum dated October 6, 2004. COUNCIL The Acting City Attorney reported that he had met with Ms. Barlow, COMMENTS the new City Attorney, and thought that the transition would be smooth. Surf Rider Foundation Council Member Scheafer announced that on Saturday, October 16, 2004, he had presented a proclamation to the Surf Rider Foundation who held their annual conference at the Costa Mesa Hilton Hotel and are celebrating their 20th anniversary. Crossing Guard Issue Council Member Cowan requested the Public Services Director to check if the crossing guard issue at Monrovia Avenue and 19th Street had been addressed. ADJOURNMENT The Mayor declared the meeting adjourned at 11:05 p.m. Mayor of the City of Costa Mesa ATTEST: � �\Wo DepLo City - Cle'r'k of'the City of Costa Mesa