Loading...
HomeMy WebLinkAbout05/12/2003 - Special Meeting - City Council 1_82 SPECIAL MEETING OF THE CITY COUNCIL CITY OF COSTA MESA May 12, 2003 The City Council of the City of Costa Mesa, California, met in a special session on May 12, at 8:15 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. Notice of the special meeting was given as required by law. The meeting was called to order by the Mayor Monahan followed by the Pledge of Allegiance to the Flag led by Mayor Monahan. ROLL CALL Council Members Present: Mayor Gary Monahan Mayor Pro Tern Chris Steel Council Member Libby Cowan Council Member Allan Mansoor Council Members Absent: None Officials Present: City Manager Allan Roeder Acting City Attorney Tom Wood Administrative Services Director Steve Hayman Personnel Manager Howard Perkins Deputy City Clerk Julie Folcik ANNOUNCEMENT Mayor Monahan reminded the audience that the meeting was a Meeting Decorum special meeting and advised of the decorum that will be followed. He quoted Costa Mesa Municipal Code Sections 2-223, 2-224, and 2-227 referencing conduct for the City Council, the public, and disturbance of the meeting. PUBLIC COMMENTS Mike Szkaradek, 1555 Mesa Verde Drive East, Costa Mesa, Council Appointment offered his preferences in the selection process, suggesting appointment by consensus, or by the "flipping of a coin", for a successor, from amongst a list of the Council's top candidates. He also recommended a coin-toss between that of Heather Somers and Linda Dixon, commenting that they were excellent candidates, highly qualified and were the next "highest-vote-getters" in the last two elections. He opined that the conducting of a special election would be an irresponsible choice. A resident of Costa Mesa, expressed her support for Mike Scheafer, a fellow Lion's Club Member. She described his attributes as having integrity, and a hard worker. She also commented about his: work within the community and felt that he would be an impartial councilVmernber. Martin Millard, 297317-amor Boulevard, No. 264, Costa Mesa, expressed tris .feeltiiTi_iai one- of the candidates was an "establishment" or, "s a'filsG o" candidate, and the other candidate was an "outsider," that had."bubbled up from the community." He felt that with the crime- and problems within the community that "status quo" is no longer acceptable. He expressed the need to have a council member that is going to address the real concerns of the City and that will "rock the boat." Alan Remington, 1164 Boise Way, Costa Mesa, questioned why the Council was considering candidates that had not previously run for City Council. He recommended the Council fill the vacancy by • 183 appointing either Heather Somers or Linda Dixon advising that they have the experience, having served as former council members, and that they were the next "highest-vote-getters" in their respective elections. He commented, "it would be folly to ignore the voters' choice." Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, expressed her support for an appointment, as she was concerned that City business would suffer due to the potential of continuous split votes. She stated her preference for the appointment would be for a person that had previously made themselves accountable to the people. She also expressed concern about the previous comments made by Mayor Monahan and asked that the first amendment rights of those that wish to speak not be infringed upon. Mayor Monahan advised that it was not the intention to limit anyone who wished to speak but rather to keep decorum in the meeting, as provided for in the Costa Mesa Municipal Code. Joe Howard Grisham, 957 Senora Road, Costa Mesa, commented that the Council had a rare opportunity in the choosing of a new council member. He offered that with a special election, the Council might not be happy with the choice made by the voters. He recommended that each council member nominate three individuals. The one person who appears three times on the ballots would be appointed, as they would have received a majority vote. He proceeded to suggest that if there were not a majority vote, that a drawing of a name, from those nominated, would be a resolve. Hildegard Gonzalez, 1932 Pomona Avenue, No. A, Costa Mesa, expressed her support of Eric Bever. She described him as a "great communicator", that he is "level-headed," and dedicated to the improvement of Costa Mesa. She advised that he is also a member of the Community Redevelopment Action Committee (C.R.A.C.). Janet Remington, 1164 Boise Way, Costa Mesa, stated that she did not feel it appropriate for the Council to appoint someone unless they had "passed through the voters." She encouraged the Council to select from Heather Somers or Linda Dixon, stating that the two candidates had run in the previous elections and had experience as former council members. She expressed her support for Heather Somers stating that she asked some great questions, while on the Council. She commented that she did not support selecting someone without experience, as she felt that it took time to gain such experience and knowledge. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 5, 2003, Council Member filling of the vacancy of City Council Member for the City of Costa Appointment Mesa, for the remainder of the un-expired term through December, 2004. Council Member Mansoor recollected that the Council had agreed to provide an opportunity for the finalists to respond to questions regarding the 19th Street Bridge and Fairview Park and to make any additional comments. Mayor Monahan invited Mike Scheafer and Eric Bever to address the Council on the suggested topics. 1.84 Candidates Comments Mike Scheafer commented that he had not seen enough evidence 19th Street Bridge to support the need for a 19th Street Bridge. He stated that in his conversations with people, within the city and from outside the city, that 19th Street is seen not as a "destination stop" but rather it offers direct access to the 55 Freeway, therefore, he would not support the 19th Street bridge unless there was enough evidence that it would benefit the city. Eric Bever commented that he felt that more study was needed to gain a better understanding before he could offer a position. He stated that projects such as 1901 Newport Boulevard might 111 contribute to the necessity and requirement for the bridge. He stated that if it could be proven, through a proper study, that the bridge would be a benefit economically, be a good mitigation measure for traffic and add to the quality of life for the community, that he might reconsider his position. Fairview Park Regarding Fairview Park Mr. Bever commented that he is supportive of preserving the natural state of the park, however, he felt that native trees and plants need to be brought back to the park in order to regain its natural state. He reported that the County planted Sycamore trees, that are native to the area, along the bluff just below the park, and that it has enhancedthe area. He also stated that he agreed with limiting the intrusion factor in the park as people enjoy the natural open space. Mike Scheafer expressed that his opinion regarding Fairview Park has changed over the years. He explained that he was once involved with the development of athletic fields within the city and advised that he was an advocate for the development of athletic fields in Fairview Park. Recalling that at that time it was a concern that it would not be otherwise utilized. He commented that he has 1111 since changed is position on the park and enjoys the park and what it has to offer. He commented that he approves of the direction to the preserve the natural state of the park and feels that it is a "real jewel" in the City of Costa Mesa that needs to be preserved. Mayor Monahan provided the candidates an opportunity to add additional comments. Eric Bever agreed with comments made by Mr. Scheafer regarding Fairview Park, and felt that there were a variety of compatible uses at that park and that it is well utilized. He added that he supports a safe, clean and enjoyable City. Mike Scheafer commented on the appointment process and expressed appreciation of the consideration that the Council had given to Eric Bever and to himself. He stated that that he understands compromise, is a team player, and wants to see the City of Costa Mesa be the best city in California. Council Member Mansoor addressed an article written in the Daily Pilot and reiterated his support for Eric Bever. He described him as committed, dedicated, reasonable, that he "does his homework," and would be "a voice of reason." He also mentioned that Mr. Bever has volunteered his time on many issues throughout the city and would serve the city well. Mayor Pro Tem Steel added his comments in support of Eric Bever. 85 MOTION/To Appoint A motion was made by Mayor Pro Tern Steel, seconded by Council Eric Bever Failed to Member Mansoor, and failed to carry 2-2, Mayor Monahan and Carry Council Member Cowan voting no, to appoint Eric Bever as council member to fill the unexpired term. Mayor Monahan reiterated his support of Mike Scheafer, and listed his accomplishments and memberships over the years. He also commented that Mr. Scheafer has proven his dedication to the community and his willingness to serve by his volunteering of his time, over the last 30 years, for the improvement of Costa Mesa. MOTON/To Appoint On motion by Mayor Monahan, seconded by Council Member Mike Scheafer Failed Cowan, to appoint Mike Scheafer to fill the unexpired term as to Carry Council Member, failed to carry 2-2, with Mayor Pro Tem Steel and Council Member Mansoor voting no. Mayor Pro Tern Steel suggested that an election be held to fill the unexpired term. He felt it was a fair resolve and that it would allow the electorate the opportunity to determine the direction of the City. He also recommended that the position be filled on an interim basis, with someone that has agreed not to run in the November election, and suggested Eleanor Egan. He rationalized that it would not be in the City's best interest to have only four council members for the next six months, and that an interim appointment will be helpful in breaking any deadlocks that the Council may have on critical issues. MOTION/To Conduct a A motion made by Mayor Pro Tern Steel to hold a special election Special Election and to fill the unexpired term of Council Member, and to appoint Appoint Interim Died Eleanor Egan as the Interim Council Member, died for a lack of a second. Mike Szkaradek, 1555 Mesa Verde Drive, East, Costa Mesa, as a point of information, questioned the legality of appointing anyone, with the stipulation that the person would not run in the election. MOTION/To Conduct a Council Member Cowan moved, seconded by Mayor Monahan, Special Election that a special election be held on Tuesday, November 4, 2003, to fill the vacancy on the City Council for the remainder of the unexpired term. She affirmed for Mayor Pro Tem Steel that it would leave the four council members to attend to the city business and pointed out that there had been but a few items that the Council had deadlocked on. She commented that she had been hopeful that an appointment could have been made but has since concluded that this would be the only option, considering the deliberations. Mayor Monahan confirmed with the Deputy City Clerk the nomination calendar and filing procedures for the special election. Mayor Pro Tern Steel stated that although he supported a special election, he reiterated the need of appointing someone in the interim. Eric Bever Withdrew Mr. Eric Bever addressed the City Council, advising them of his Nomination concession of the nomination and offered his support for Mike Scheafer, for the appointment. He stated that it would be in the best interest of the city, would save. money, and that it would resolve the problem on the dais. Council Member Mansoor confirmed with Mr. Bever that he was withdrawing his name for consideration. ./ 186 Mayor Pro Tern Steel expressed his belief that a special election was the best resolve. Council Member Mansoor stated that, with the concession of Mr. Bever, in an effort to avoid a special election, and for conclusive decisions on the dais, that he would support Mike Scheafer for appointment, whom he described as committed, reasonable and knowledgeable on the issues. Mayor Pro Tern Steel expressed his opposition to the appointment and restated his belief that a special election should be held so that the electorate can make the choice and to appoint someone in the interim, if they agreed not to run in the next election, although he would consider not appointing, in the interim, until the special election was held. Motion Withdrawn Council Member Cowan withdrew her motion for a special election commenting that it appeared that Council could reach an agreement on the ointment in light of the turn of events. 9 PP 9 Mayor Monahan also withdrew his second for the motion. MOTION/Appointed A motion was made by Mayor Monahan and seconded by Council Mike Scheafer Member Mansoor to appoint Mike Scheafer as council member to fill the remainder of the unexpired term. Mayor Pro Tern Steel expressed his opposition, explaining that it was in principle only and not against Mr. Scheafer. The motion carried 3-1, with Mayor Pro Tern Steel voting no. MOTION/Affirmed A motion from Council Member Mansoor, seconded by Mayor Pro Appointment Tem Steel, to affirm the appointment of Mike Scheafer as council member to fill the remainder of the unexpired term, carried 4-0. RECESS The Mayor declared a recess at 9:10 p.m. and reconvened the meeting at 9:20 p.m. Oath of Office The Deputy City Clerk administered the Oath of Office to newly appointed Council Member Mike Scheafer. Council Member Council Member Mike Scheafer expressed his appreciation to the Scheafer's Comments City Council and commented the he looked forward to working as a team for the benefit of Costa Mesa. OLD BUSINESS The Deputy City Clerk presented an Urgency Ordinance amending Urgency Ordinance the Costa Mesa Municipal Code Chapter II of Title 2 by adding Section 2-25 regarding the procedure to filling an unexpected vacancy on the City Council. MOTION/Tabled On motion by Council Member Cowan, seconded by Mayor Monahan, and carried 5-0, the item was tabled. ADJOURNMENT TO The Mayor adjourned the meeting to closed session at 9:25 p.m. CLOSED SESSON Pursuant to Section 54957 (b) of the California Government Code a closed session regarding a public employee release was held. RECONVENED The Mayor reconvened the public session of the meeting at 9:40 No Action Taken p.m. and at that time reported that no action was taken at the closed session. It was then announced that the following closed Tort Claim of Jerry session was to discuss allegations in a tort claim received from Scheer Jerry Scheer on April 24, 2003. 1.87 CLOSED SESSION The Mayor adjourned to closed session at 9:45 p.m. Pursuant to Section 54956.9 (b) of the California Government Code a closed session has been scheduled to confer with legal counsel regarding anticipated litigation of matters that involve significant exposure to litigation — One (1) case MOTION/Approved The Mayor reconvened at 10:25 p.m. and announced that on Leave of Absence, motion by Council Member Cowan, seconded by Mayor Monahan Without Pay, for Jerry that a leave of absence, without pay for 90 days, commencing May Scheer 18, 2003, for Jerry Scheer, made at his request, was approved, and carried 5-0. ADJOURNMENT The Mayor declared the meeting adjourned at 10:30 p.m. Mayor of th:. City of Costa Mesa ATTEST: L� Dep y City Clerk of the City of Costa Mesa